Terms & Conditions

InHawk IT Solutions (P) Ltd.  | www.inhawk.com

Revision: 2016/001

W.e.f.: Apr 01, 2015

Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions (“Terms”).

By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services. These Terms and various other policies are binding as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act of 2000.

In these Terms, references to “you”, “user” or “customer” shall mean the end user accessing the Website, its contents and using the Services offered through the Website, “Service Providers” mean independent third party service providers, and “we”, “us”, “our” or “company” shall mean InHawk IT Solutions Private Limited (incorporated under Companies Act, 2013 of India) and its affiliates/partners.

  1. Introduction:
  2. a)inhawk.com(“Website”) is an Internet based content and e-commerce portal operated by InHawk IT Solutions Private Limited, a company incorporated under the laws of India.
  3. b) Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. Inhawk.com at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
  4. User Account, Password, and Security:

You will receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to:

(a) Immediately notify Inhawk.com of any unauthorized use of your password or account or any other breach of security, and

(b) Ensure that you exit from your account at the end of each session. Inhawk.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.

  1. Services Offered:

Inhawk.com provides a number of Internet-based services through the Web Site (all such services, collectively, the “Service”). One such service enables users to carry on the business of providing solutions and services related to providing of payment gateway, zone, junction, medium, platform whether Online on internet or offline, for making any type of payments like fees, charges, dues, between the organization (such as schools, colleges, universities, coaching institutes, etc) and its customers, consumers, debtors, etc. User shall be liable to pay transaction charges applicable by payment gateway service provider & convenience charges as specified on the website for the use of services. The website also provides platform for other business(es)/individual(s) to advertise & promote its/their/his/her brand, services, information, etc to the users & customers of the company on chargeable basis.

  1. Privacy Policy:

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Inhawk.com. The user further consents that the terms and contents of such Privacy Policy are acceptable to him.

  1. Limited User:

The User agrees and undertakes not to reverse engineer, modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that InHawk’s name is stated as the source and prior written permission from us is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

  1. User Conduct and Rules:

You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:

(a)  Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;

(b)  Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

(c)  Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents; you own or control the rights thereto or have received all necessary consents;

(d)  Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;

(e)  Conduct or forward surveys, contests, pyramid schemes or chain letters;

(f)  Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;

(g)  Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

(h)  Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

(i)  Violate any applicable laws or regulations for the time being in force in or outside India; and

(j)  Violate, abuse, unethically manipulate or exploit any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere.

(k) Misuse, copy, modify, threaten and exploit any of the services that can cause any direct or indirect harm to the company business.

On violation of any of the above user conducts, the company reserves the rights to block the user from accessing any services as well as past/ongoing services. The company may also initiate a legal action if necessary.

  1. User Warranty and Representation:

The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by Inhawk.com.

  1. Intellectual Property Rights:
  2. a) Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Inhawk.com owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, software, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Inhawk.com without obtaining authorization from Inhawk.com.
  3. b) Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
  4. Links to Third Party Sites:

The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of the company and company shall not be not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Inhawk.com is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Inhawk.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Inhawk.com or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

  1. Disclaimer of Warranties/Limitation of Liability:

Inhawk.com has endeavored to ensure that all the information on the Website is correct, but Inhawk.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall Inhawk.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services or Products; (b) unauthorized access to or alteration of the user’s transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall Inhawk.com be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Inhawk.com shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond our control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

  1. Indemnification:

You agree to indemnify, defend and hold harmless Inhawk.com from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Inhawk.com that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.

  1. Pricing:

Prices for the services offered such as service charges, transaction charges, convenience charges, processing charges, subscription charges, registration charges, advertisement charges, etc. are described on Inhawk.com, company’s documents, company mails, etc and are incorporated into these terms by reference. All prices are in Indian rupees. Prices of the services may change at company’s discretion with or without any prior notice.

  1. Termination:
  2. a)   Inhawk.com may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically.
  3. b)  Notwithstanding Section 13.a above, these Terms will survive indefinitely unless and until Inhawk.com chooses to terminate them.
  4. c)   If you or Inhawk.com terminates your use of the Website or any Service, Inhawk.com may delete any content or other materials relating to your use of the Service and Inhawk.com will have no liability to you or any third party for doing so.
  5. d)  You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.
  6. Governing Law:

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 Amritsar, Punjab, India.

  1. Severability:

If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.

  1. Report Abuse:

As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to [email protected].

  1. Disclaimer:

The terms and conditions for such Contest shall be separately available on the Site. In the event of any conflict between these T&C and the terms and conditions pertaining to any Contest, such terms and conditions shall prevail.

We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

  1. Refund Policy

The company only provides services and do not sell any of the product, hence any kind of refund for products does not exist. However, in event of failed or unsuccessful transaction, the amount shall be credited/refunded back to user or user’s card account as per payment gateways policies. During any transaction, the website shall notify the user about the payment gateway being used. In case of any support required, user may contact us at [email protected].

  1. Changes to the Terms & Conditions

The company may amend its terms and conditions at any time, at its sole discretion. If there is any change made in the Terms and Conditions that will be notified to the User by posting an announcement on the site so that the User is always aware of the Updating of the site from time to time. Older versions will not be available on the website and USER is advised to keep in archive of any older version as deemed appropriate. The User is responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes.