Terms & Conditions

By using this Site, you are agreeing to be bound by the following terms and conditions. Please read these Terms carefully before using the Site. If you do not accept these Terms (in whole or part) you may not access or use the Site.
Notwithstanding anything else in these terms, we may, in our absolute discretion, refuse you or any other person access to part of the Site at any time and for any reason.

Domain Name
The domain name www.houseofbabas.com (this “site”) is operated by House Of Babas Internet Pvt. Ltd., a company incorporated under laws of India with our registered office at 153, Model Town, Yamuna Nagar, Haryana, India, 135001 (“us”, “we”, or “our”).

Services
House Of Babas is an online apparel and lifestyle products offered at great values to the consumer. Membership allows customers to purchase a variety of products. Upon placing an order, humourbaba.com shall ship  the product to you and be entitle to its payment for the service.

Content
All content on the Site and all services provided through it are provided “as is”, with no guarantees of completeness, accuracy or timeliness, and without representations, warranties or other contractual terms of any kind, express or implied. We do not represent or warrant that this Site, the various services provided through this Site, and/or any information, software or other material downloaded from this Site, will be accurate, current, uninterrupted, error-free, omission-free or free of viruses or other harmful components.

The images of the items on the website are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer’s display of the colors accurately reflect the color of the items. Your items may vary slightly from those images. All sizes and measurements of items are approximate; however, we do make every effort to ensure they are accurate as possible. We take all reasonable care to ensure that all details, descriptions and prices of items are as accurate as possible.

TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT CONTAINED ON THIS SITE.

We may delete any posted content that we consider, in its absolute discretion, to be in breach of these Terms or to have the potential to cause ill reputation, operational or other harm to us or any other person or entity.

Any information you submit through the Site may be provided by us to the other entities / related entities and service providers. You are responsible for ensuring that any personal information submitted by or about you to the Site is accurate, complete, and up-to-date. The submission of inaccurate, false, or incomplete information may make you ineligible for opportunities or cause any relationship you may have with us to be terminated.

You consent to us displaying your name and other material /data /posts on the Site in the context of providing the services. You acknowledge that, if you post content on the Site, the fact that you are using the Site/Application does not constitute confidential information and you consent to our use of such content in the manner described above.

By using the Site, you warrant that you own or are licensed to use the intellectual property rights in your posted content. This includes copyright in respect of any text you post, as well as the right to use or display any image or logo. You agree to indemnify us and the other member firms from and against any claims by third parties arising from your posted content, including any breach of intellectual property rights any third party may bring to your content unless those claims arise from our or the other related parties’  negligence.

WE DO NOT HAVE, AND EXPRESSLY DISCLAIM, ANY LIABILITY TO YOU IN CONNECTION WITH ANY CONTENT, INFORMATION, TEXT, GRAPHICS, IMAGES, AUDIO OR VIDEO, OR MATERIAL YOU CREATE OR UPLOAD TO YOUR PROFILES AND/OR THE SITE (“POSTED CONTENT”). WE DOES NOT GUARANTEE, AND MAKE NO REPRESENTATIONS CONCERNING THE COMPLETENESS OR ACCURACY OF ANY POSTED CONTENT.

For all your Posted Content, you warrant and you must ensure:

  • it is not misleading, deceptive or materially inaccurate in any way, including the availability, nature, terms or conditions or any other matter relating to the services being offered or sought; and
  • it is compliant with all applicable laws and licensing requirements.

We may remove any Posted Content if it considers, acting reasonably, that you or any other users have breached these Terms or if, in its sole discretion, we believe that maintaining the Posted Content presents a risk to our reputation or business and operations (including the Site).

Notwithstanding the foregoing, we do not, nor are we under any obligation or duty to monitor, consider, evaluate, assess, review, screen, censor or remove any Posted Content. We do not have (and expressly disclaims) any liability in connection with any monitoring, consideration, evaluation, assessment, review, screening, censoring or removal of Posted Content or any failure or refusal on our part to do so.

We reserve the right to keep your Posted Content on the Site indefinitely unless removed earlier by you. By using this website, you are bound by our privacy policy.

Prohibited Content and Prohibited Activities
Notwithstanding anything to the contrary in these Terms, you must not:

  • attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Site including any algorithm used by the Site;
  • take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure, including spam or other unsolicited mass e-mailing techniques;
  • use the Site for any objectionable or unlawful purpose, including the posting of any threatening, libellous, defamatory, obscene, pornographic, profane or illegal material;
  • use the Site that would result in your breaching any applicable legislation or licensing obligations (for privacy) or any obligations you may owe to third parties;
  • mislead or deceive others through any act or omission or make a false representation about your identity, including the impersonation of a real or fictitious person or using an alternative identity or pseudonym;
  • post content which contravenes a confidentiality or non-disclosure agreement, insider trading laws, or intellectual property rights which you are not authorized to transfer to another party;
  • conduct any activity which compromises or breaches another party’s patent rights, trademark, copyright or other intellectual property rights;
  • copy, collect or save information about other users including their skills, employment or education history;
  • publish advertising material or market any goods or services directly to other users;
  • introduce any virus, worm, Trojan horse, malicious code or another program which may damage computers or other equipment;
  • stalk or harass anyone;
  • attempt to disrupt or interfere with the delivery of our service through the Site;
  • use the details of other users for anything other than the use expressly permitted by those users;
  • download, access or use user details other than to fill vacant positions as contemplated by the Site or as otherwise explicitly permitted by us in writing;
  • sell, redistribute or use information contained on the Site for a commercial purpose without OUR’s prior written consent;
  • remove or alter copyright notices or other means of identification including any watermarks, as they appear on the Site;

You understand and agree that you are solely responsible for compliance with any laws, rules, regulations and tax obligations that may apply to your use of the Site.

Your Account
You are responsible for maintaining the confidentiality of any passwords associated with your Account, monitoring all activity under the account, and assuming full responsibility for all activities that occur under your account. When you sign up, you may be requested to provide your name, email address, work/position title, phone number and such other information to enable your registration. These are your credentials for accessing the services on the Site which is only available to registered members. In doing so, you agree that you:

  • are not impersonating any person or entity; and
  • are not violating any applicable state, national or other law regarding the use of personal or identification information.

We may, from time to time, use any of the information you submit to verify the completeness, accuracy or truthfulness of the information you have provided on the Site. Your failure to maintain accurate, complete, and up-to-date Account information, including uploading an invalid or illegible form of identification, or your failure to provide additional evidence requested by us, may result in your inability to access and use the Site or our termination of your account (without prejudice to any other remedies we may have). You may not authorize third parties to use your account, and you may not assign or otherwise transfer your account to any other person or entity.

General Eligibility
If any applicable law, rule or regulation prohibits your access of the Site, you may not access or use the Site.

Feeds and eMail Updates – Terms of Use
Email updates are offered by us to individuals for private, non-commercial use. Any other use is prohibited, including copying, reproducing, republishing, uploading, posting, transmitting, or distributing our feeds or podcasts in any way by any means.

We reserve the right to discontinue any email updates at any time. All content, imagery, and logos that appear within the email updates are owned by us and all rights are reserved.

Linking
You may link to this Site if such link does not involve:

  • unauthorized use of our logo;
  • any false claim (actual or implied) of endorsement by, or other relationship with us or related entities;
  • framing or embedding of any pages of our Site; or
  • other infringement of our trademarks, copyright and/or other intellectual property rights

We do not bear any responsibility whatsoever for the content, accuracy or security of any websites that are linked (by way of hyperlink or otherwise) to this Site.

Certain links on this Site lead to servers maintained by individuals or organizations over which We have no control. We make no representations or warranties regarding the accuracy or any other aspect of the information located on such servers. A link to a third party’s website should not be construed as an endorsement by either WE or that third party of the other or its products and services.

Copyright Notice
Except where noted otherwise, all material on the Site is Copyright © 2020 by us. All rights reserved. No part of the materials on this Site, including but not limited to the text, graphics and HTML code, may be reproduced or transmitted in any form, or by any means without our written permission.

Continuity of Service
We aim to provide a service that is continually available and capable of use. However, we may suspend your account and your access to the Site at any time and for any reason, including without cause. The most likely reasons why we might suspend your account or access to the Site include (but shall not be limited to):

  • maintaining the Site or changing its features or functionality;
  • you don’t use your account for an extended period;
  • your breach of these Terms;
  • faults, service outages or other technical problems;
  • a legal requirement, such as an injunction or due to an investigation by police or other law enforcement agency.

WE WILL NOT HAVE ANY LIABILITY IN CONNECTION WITH ANY SUSPENSION OF YOUR ACCOUNT OR YOUR ACCESS TO THE SITE, REGARDLESS OF THE REASON FOR SUSPENSION.

Miscellaneous
We may revise these Terms at any time in its discretion. We encourage you to periodically review these Terms to view any updates. Your continued use of the Site following changes to these Terms constitutes your agreement to the revisions. You acknowledge that we may use your personal information and data according to our Privacy policy. You hereby agree to the terms of our Privacy policy, including any obligations imposed on you therein, and to comply with all applicable laws in accessing and using the Site. We may assign or novate any of its rights or obligations under these terms without your consent. Our decision not to enforce any provision of these Terms shall not constitute a waiver of such provision. Further, any consent to depart from any of these Terms shall be ineffective unless it is confirmed in writing and signed by us. These Terms constitute the entire agreement between you and us in relation to its subject matter. You agree that you have not relied on any representations by us in agreeing to these Terms, except as may be outlined in these Terms.

If any portion of these Terms is invalid or unenforceable in any jurisdiction, then (i) in that jurisdiction it shall be re-construed to the maximum effect permitted by law to effect its intent as nearly as possible, and the remainder of these Terms shall remain in full force and effect, and (ii) in every other jurisdiction, these Terms shall remain in full force and effect.

These Terms do not constitute and shall not be construed as constituting a partnership or joint venture among the parties hereto, or an employee-employer relationship. You agree that we have no special relationship with or fiduciary duty to you. Neither party shall have any right, power or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.

Crawling, spidering or scraping of content is prohibited, except to the extent required by recognized search engines (e.g. Google or Indeed) to index the site. You may not provide unauthorized interfaces to any of our applications.

The information presented on this Site should not be construed as medical treatment or professional diagnosis of any disease /advice or service.

These Terms, and any non-contractual matters or obligations arising out of these Terms or the Site, including (without limitation), claims arising in tort, fraud, under statute or otherwise relating to the Services, or questions relating to the scope or enforceability of this paragraph, shall be governed by, and construed in accordance with, the laws of India applicable to agreements made, and fully to be performed, therein by residents thereof. Any dispute relating to or arising out of this Agreement or the Services, directly or indirectly, shall be resolved as outlined in the sections below entitled section arbitration.

Arbitration
If you reside or are registered in India, the parties to these Terms agree to arbitrate any claim, dispute, or controversy, including all statutory claims and any state claims, that may arise out of or relating to the use or the subject matter of these Terms following the Arbitration.  The arbitration will be conducted in accordance with the Indian Arbitration Act as in effect on the date of the Agreement, or such other rules and procedures as applicable. The arbitration will be conducted before a single arbitrator, to be selected in accordance with the selection process as agreed. Any issue concerning the extent to which any dispute is subject to arbitration, or concerning the applicability, interpretation, or enforceability of any of these procedures, shall be governed by the Arbitration Act and resolved by the arbitrator. Each party shall bear their costs in the arbitration, and shall evenly split the fees associated with the arbitrator. In deciding the dispute, the arbitrator shall apply the limitations period that would be applied by a court deciding the matter in the same jurisdiction, and shall have no power to decide the dispute in any manner not consistent with such limitations period. The result of the arbitration shall be binding on the parties, and judgment on the arbitration award may be entered in any court having jurisdiction.

Pricing, delivery and returns
We ensure that all details of prices appearing on the website are accurate, however, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Additionally, prices for items may change from time to time without notice. However, these changes will not affect orders that have already been dispatched. Please note that the prices listed on the website are only applicable for items purchased on the website and not through any other source.

You will be given various options for delivery of items during the order process. The options available to you will vary depending on where you are ordering from. An estimated delivery time is displayed on the order summary page. Sometimes, delivery may take longer due to unforeseen circumstances. In such cases, we will proactively reach out to you by e-mail and SMS. However, we will not be able to compensate for any mental agony caused due to delay in delivery.

If you change your mind about any items purchased you can return them to us. For more information on Returns and Refund, please refer to our returns policy.

Trademarks
If you use any of our trademarks in reference to our services, you must include a statement attributing that trade mark to us, and only after securing prior  written permission from The Humourbaba to do so,which may be given,or refused, at its sole discretion,and subject to any terms or conditions it may deem fit. You must not use any of our trademarks in or as the whole or part of your own trademarks; in connection with activities, products or services which are not ours;in a manner which may be confusing,misleading or deceptive;or in a manner that disparages us or our information,products,or services(including this Website), or in a manner that implies any kind of any association/affiliation with The Humourbaba.

Privacy
Our Privacy Policy incorporated by reference in these Terms of Service, sets out how we will use personal information you provide to us. By using this Website, you agree to be bound by the Privacy Policy, and warrant that all data provided by you is accurate and up to date.

Payment
Upon receiving your order we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Goods will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted. 18 Intellectual Property Rights

All and any intellectual property rights in connection with the products shall be owned absolutely by the Company.

Law and Jurisdiction
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Haryana.

Indemnification
You agree to indemnify, defend and hold harmless the Company, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs arising from your use of this website, your breach of these Terms of Service, or infringement of any intellectual property right.

Violation and Termination
You agree that the Company may, in its sole discretion and without prior notice, terminate your access to the website and block your future access if we determine that you have violated these Terms of Service or any other policies. If you or the Company terminates your use of any service, you shall still be liable to pay for any service that you have already ordered till the time of such termination.

 

If you have any questions, comments or requests regarding our Terms of Service or the website please contact us at care@humourbaba.com.