PLEASE READ EACH AND EVERY PROVISION OF THIS TERMS AND CONDITIONS CARFULLY:
Tawara Online Pvt. Ltd ("Happystry", "Us" or "We") provides the Happystry platform https://www.happystry.com/, mobile application and various related services (collectively, the "Happystry Platform") to you, the user, conditioned upon your agreement and compliance with all the terms, conditions, and notices contained or referenced in this agreement (the "Terms and Conditions of Use"), as well as any other written agreement between us and you. By browsing through the Happystry Platform / Mobile Application the user hereby accepts the Terms and Conditions and consents their approval to the provisions of the Terms and Conditions as laid down herein below. In addition, when using particular services or materials on the Happystry Platform, you shall also be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms and Conditions of Use. All such additional guidelines or rules are hereby incorporated by reference into these Terms and Conditions of Use.
BY MERE ACCESSING AND USING THE HAPPYSTRY PLATFORM, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE AND DO NOT WISH TO BE BOUND BY THE THESE TERMS AND CONDITIONS OF USE, YOU HAVE NO RIGHT TO ACCESS OR USE THE HAPPYSTRY PLATFORM, APPLICATION, SERVICES OR HAPPYSTRY PLATFORM CONTENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, EXIT THE HAPPYSTRY PLATFORM NOW. YOUR SOLE AND ONLY REMEDY FOR DISSATISFACTION WITH THE HAPPYSTRY PLATFORM, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE HAPPYSTRY PLATFORM, IS TO STOP USING THE HAPPYSTRY PLATFORM AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS AND CONDITIONS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE HAPPYSTRY PLATFORM.
We expressly reserve the right to modify, discontinue or terminate the Happystry Platform, Application or Services or to change these Terms and Conditions of Use at any time and without serving any notice to you. You acknowledge and agree that it is your responsibility to review the Happystry Platform and these Terms and Conditions of Use from time to time and to familiarize yourself with any modifications. If we modify these Terms and Conditions of Use, we will post the modification on the Happystry Platform. We will also update the "Last Updated Date" at the top of these Terms and Conditions of Use. Your continued access to, or use of the Happystry Platform after we have posted a modification will constitute acknowledgement of the modified Terms and Conditions of Use and agreement to abide by and be bound by the modified Terms and Conditions of Use. If the modified Terms and Conditions of Use are not acceptable to you, your only recourse is to cease using the Happystry Platform, Applications and the Services. As used in these Terms and Conditions of Use, references to our "Affiliates" include our promoters, subsidiaries, affiliated companies, officers, directors, suppliers, partners, investors, sponsors, and advertisers.
We make various services available on and through the Happystry Platform including, but not limited to, discovering and recommending socially responsible products and services, along with other services and features we deem relevant. You are responsible for providing, at your own expense, all equipment and resources necessary to use the Happystry Platform and Services, including a computer, software, modem, and Internet access (including payment of all fees associated with such access). We reserve the sole right to either modify or discontinue any service associated with the Happystry Platform, including any of the Happystry Platform's features, at any time with or without serving any notice to you. You agree that we will not be liable to you or any third party should we exercise such right at any time. You also agree that any new features that augment or enhance the then-current services on the Happystry Platform shall also be subject to these Terms and Conditions of Use.
In order to access certain services or features on the Happystry Platform, you are required to use an account and password. You may obtain an account and password only by completing our online registration form or through third party application login. The online registration form requests certain information and data ("Registration Data"). You are required to maintain and update your Registration Data as your information and data may change. By registering, you agree that all information provided in the Registration Data are true and accurate and that you will maintain and update this information as and when required, keeping it current, complete, and accurate. In the event wherein the information disclosed by you is identified as inaccurate/false, we have all the rights to delete your account and block all activities carried on the Happystry Platform. Further we do not have/share any liability in the event of any financial loss or any form of damages due to the inaccurate information provided by the user of the Happystry Platform.
You warrant that your right to publish/market/sell your product on the Happystry Platform, is subject to the prior approval to be given by the internal committee of Happystry. You understand and agree that you will be able to market your goods and services on the Happystry Platform only after you duly submit the necessary information mandatorily required in order to process transactions via NEFT or other methods of internet banking, money transfer. You hereby authorise Happystry to store your bank account details and surface them to other users when they want to make a transfer.
Your use of the Happystry Platform is subject to all applicable laws and regulations, and you are solely responsible for the substance, results and consequences of your communications through the Happystry Platform. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the Happystry Platform, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:
You acknowledge that we neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Happystry Platform. We have no obligation to pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through the Happystry Platform. However, we may elect to prescreen, monitor or edit any content. Additionally, we and our agents have the right at our sole discretion to remove any content that, in our judgment, does not comply with these Terms and Conditions of Use and any other rules of user conduct for our Happystry Platform, or is otherwise harmful, objectionable, or inaccurate. You agree that we are not responsible for any failure or delay in removing such content. You hereby consent to any such removal deemed appropriate by us, and, you waive any claim against us arising out of such removal of content and agree to indemnify and hold us harmless from any and all claims asserted based upon such removal. See "Use of Your Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on the Happystry Platform infringes on any patent, trademark, trade secret, copyright, right of publicity, moral right, or other proprietary right of any party.
You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Happystry Platform may be available to you or other authorized users of the Happystry Platform. You shall not interfere with anyone else's use and enjoyment of the Happystry Platform or any associated services or features. Users who violate systems or network security may incur criminal or civil liability in accordance with the law of the land.
You agree that we may, at any time and at our sole discretion, terminate your membership, account, or other affiliation with our Happystry Platform without prior serving any notice to you for violating any of the above Terms and Conditions of Use and associated provisions. Upon such termination, you agree that we may remove any and all material or content that you may have posted to our Happystry Platform. In addition, you acknowledge that we do and will cooperate fully with any investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal or civil violations.
The Happystry Platform may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge and agree that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we are responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience to you and does not imply endorsement of, or association with, the Happystry Platform or party by us, or any warranty of any kind, either expressed or implied. Happystry has zero liability in the event of any failure in any transaction on a third party’s platform. Happystry also will have NO LIABILITY related to products, services, quality of the product and or delays in delivery of any product, dissatisfaction due to redirection, transaction, and interaction with third party wherein a third party is selling, promoting, using Happystry Platform/ Mobile Application to reach out to the users. Happystry does not share or holds any liablity for the accuracy and compliance, legality, decency or any other aspect to the content/claim posted by the sellers/brands on Happystry Platform/ Mobile Application which might instigate action by a user.
For purposes of these Terms and Conditions of Use, we define "content" as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our Happystry Platform.
This includes message boards, chat, and other original content.
By accepting these Terms and Conditions of Use, you acknowledge and agree that all content presented to you on the Happystry Platform may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Happystry and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from the Happystry Platform in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on the Happystry Platform. The content available on Happystry Platform/ Mobile Application can be used by Happystry for its own commercial purposes. The user/poster of the content on Happystry Platform/Mobile Application gives exclusive right to Happystry for the usage of the content. Any unauthorized use of the materials appearing on the Happystry Platform may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties in accordance with the law of the land. Happystry will not be liable for any liability wherein the user shares the content to a third party’s platform. It remains the sole liability of the user who has shared the content which is unlawful / offensive.
Neither we nor our Affiliates warrant or represent that your use of any materials displayed on, or obtained through on the Happystry Platform will not infringe the rights of third parties. See "Unauthorized Use of Materials" below for a description
of the procedures to be followed in the event that any party believes that content posted on the Happystry Platform infringes on any patent, trademark, trade secret, copyright, right of publicity, moral rights, or other proprietary right of any party.
The user is alone liable for creating/reproducing the content on Happystry Platform/ Mobile Application. Happystry has no liability in the event wherein the user has violated the copyright, patent, trademark of any third party.
The Happystry Platform may include and make available custom graphics, icons, logos and service names, all of which are trademarks or service marks of Happystry or its Affiliates. All other trademarks or service marks are the property of their respective owners. Nothing in these Terms and Conditions of Use grants you any right to use any trademark, service mark, logo, and/or the name of Happystry or its Affiliates for any purpose whatsoever without the prior written approval of an authorized representative of Happystry.
Happystry will retain your messages (including your chats, photos, videos, messages and files) for internal quality purposes but Happystry will not be responsible for any information shared between the users. The information and other details shared for any potential transaction occurring at Happystry Platform/Mobile Application is at their individual risk and Happystry shares zero liability in the event of any damages arising out of such transaction. The exchange of information is solely between the users of Happystry Platform / Mobile Application. This means that both the users are directly responsible to each other for their information shared on the chat window of Happystry Platform / Mobile Application.
We view the removal or "take down" of content from the Happystry Platform as a significant step. Consequently, if you believe your copyright has been infringed by a posting on the Happystry Platform, we ask that you send notification to our official address.
To be effective and to support immediate removal of the allegedly infringing material or content, your notification needs to include the following:
ALL MATERIALS AND SERVICES ON THE HAPPYSTRY PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE. THE HAPPYSTRY PLATFORM COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THE HAPPYSTRY PLATFORM AT ANY TIME WITHOUT SERVING ANY NOTICE TO YOU. THE MATERIALS OR SERVICES AT THE HAPPYSTRY PLATFORM MAY BE OUT OF DATE. WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. YOUR USE OF ANY SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE HAPPYSTRY PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, ELECTRONIC AND DIGITAL FILES OR LOSS OF DATA THAT MAY RESULT FROM SUCH ACTIVITIES. Through your use of the Happystry Platform, you may have opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller/purchaser of such merchandise or services and you. You agree that neither Happystry nor its Affiliates shall be a party to any commercial contract between you and any sellers/purchasers. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS OR ANY OF OUR AFFILIATES, ADVERTISERS, USERS BY MEANS OF POSTING/REPRODUCING ANY CONTENT, CHAT MESSAGES. Content available through the Happystry Platform often represents the opinions and judgments of an information provider, Happystry Platform user, or other person or entity not connected with us. Happystry may also from time to time post content on the platform. Happystry is not responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone, including its posts on the platform. You understand and agree that temporary interruptions of the services available through the Happystry Platform may occur. You further understand and agree that we have no control over third party networks you may access in the course of your use of the Happystry Platform, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services and features available on the Happystry Platform are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY OTHER DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE HAPPYSTRY PLATFORM OR OF ANY OTHER WEBSITES REFERENCED OR LINKED TO FROM THE HAPPYSTRY PLATFORM. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND/OR SERVICES OFFERED THROUGH THE HAPPYSTRY PLATFORM OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE HAPPYSTRY PLATFORM, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS OR PAYMENT OF ANY CONSIDERATION. IN NO EVENT SHALL HAPPYSTRY BE HELD REPONSIBLE FOR ANY DELIVERY OR DISPATCH RELATED ISSUES. YOU UNDERSTAND AND AGREE THAT WE PROVIDE THE SERVICES AND FEATURES ASSOCIATED WITH THE HAPPYSTRY PLATFORM CONDITIONED ON YOUR UNDERSTANDING OF, AND AGREEMENT WITH, THE PRESCRIBED LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTY SET FORTH IN THESE TERMS AND CONDITIONS OF USE. BUT FOR YOUR AGREEMENT WITH THESE LIMITATIONS AND DISCLAIMERS, WE WOULD NOT PROVIDE THE SERVICES SET FORTH HEREIN. CONSEQUENTLY, YOU SPECIFICALLY AGREE THAT YOU UNDERSTAND AND AGREE TO THESE LIMITATIONS AND DISCLAIMERS.
You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the Happystry Platform, its services or features. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. All the provision shall survive even after the expiration of the understanding between Happystry and the user, the provisions of the terms and conditions will remain alive in full spirit and Happystry perpetually would retain the rights as laid down in this terms and conditions wherein the user of Happystry Platform / Mobile Application remains bound by their obligations as specified in this terms and conditions even after the expiration of the understanding between Happystry and the user.
You are solely responsible for maintaining the confidentiality of your password and account. You are solely responsible for all statements made and acts or omissions that occur through the use of your password and account, whether by you or another party in possession of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account and fail to comply with any of the provisions of the terms and conditions mentioned herein.
From time to time, the Happystry Platform may include advertisements associated with offers by third parties. You may feel free to enter into correspondence with or participate in promotions of any advertisers showing their products on the Happystry Platform. Any such correspondence or promotions, including the delivery of, and the payment for, goods or services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion. You agree that we have no liability, obligation or responsibility for any aspect of your correspondence or transactions with the advertiser. You also understand that the inclusion of an advertisement on the Happystry Platform does not constitute our endorsement of any offer or promotion associated with that advertisement, nor, does it constitute endorsement of any entity associated with or responsible for the advertisement. You assume all risk associated with any correspondence or transaction with the advertiser.
Although the Happystry Platform may be accessible worldwide, we make no representation that materials on the Happystry Platform are appropriate or available for use in locations outside India or that the Happystry Platform complies with any country's privacy laws. Accessing the Happystry Platform or materials from territories where the content is deemed illegal is prohibited. If you access the Happystry Platform from locations outside the India, you do so on your own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Happystry Platform is void where prohibited.
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Happystry Platform with or without serving any notice to you and for any reason, including, without limitation, breach of these Terms and Conditions of Use. Where, in our reasonable opinion, there is any suspected fraudulent, abusive, inappropriate, or illegal activity, such activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension of your access, regardless of the reasons therefore, your right to use the services available on the Happystry Platform immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Happystry Platform. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
The Happystry Platform (excluding any linked sites) is controlled by us from our office within the state of Karnataka. It can be accessed from all states of India, as well as from other countries around the world. As each of these places has laws that may differ from those of India, by accessing the Happystry Platform, both of us agree that the statutes and laws of the India, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the Happystry Platform and the purchase of products and services available through the Happystry Platform. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of any court of competent jurisdiction or arbitrator in Bangalore with respect to such matters.
All notices to a party shall be in writing and shall be made either via email or via conventional mail. Notices to us must be sent to the attention of Customer Service at support@Happystry.com, if by email, or at Incubex, 282, DSR Galleria, 3rd Floor, Gate Signal, Bannerghatta Main Road, Bilekahalli, Bangalore- 560076 if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Happystry Platform to inform you of changes to the Happystry Platform or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending. For any technical query/issues you can write to us on support@Happystry.com.
These Terms and Conditions of Use constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersede all prior agreements and understandings of the parties with respect to that subject matter. These Terms and Conditions of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with the Happystry Platform is in conflict or inconsistent with these Terms and Conditions of Use, these Terms and Conditions of Use shall take precedence.
In any action to enforce these Terms and Conditions of Use, the prevailing party will be entitled to costs and attorney's fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred. You may not assign your rights and obligations under these Terms and Conditions of Use to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms and Conditions of Use to any party whatsoever without any permission from you. You agree not to replicate, duplicate, copy the content, art work of any users of Happystry and/or any third party and also of Happystry on the Happystry Platform/Mobile Application. In addition, you agree that we are excused from liability for non-delivery or delay in delivery of products and services available through the Happystry Platform arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, power outage, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above. If any part of these Terms and Conditions of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any failure by us to enforce or exercise any provision of these Terms and Conditions of Use or related rights shall not constitute a waiver of that right or provision.
Except as explicitly noted on the Happystry Platform, the services available through the Happystry Platform are offered by Tawara Online Pvt. Ltd, located at Incubex, 282, DSR Galleria, 3rd Floor, Gate Signal, Bannerghatta Main Road, Bilekahalli, Bangalore,
If you notice that any user is violating these Terms and Conditions of Use, please contact us at support@Happystry.com.
If you have any grievances with respect to the Platform or the Service or any other related issue, you can contact our grievance officer at: E-mail: support@Happystry.com. Happystry will take immediate action and address the issue at the earliest. The Sellers (who sells their products/services on the Happystry Platform) will be completely responsible for the quality of the Products but Happystry will only ensures the quality of web/mobile application services. Please refer to our Sellers Terms and Conditions for more information.
These Terms and Conditions mentioned herein below are specifically for the Sellers who are registering on Happystry in order to directly sell their products and services using the Happystry Platform/ Mobile Application but is subjected to prior acceptance to the provisions of the Terms and Conditions laid down below.
By clicking on the check box or “I Agree”/Accept” button construes your acceptance of this Terms and Conditions in addition to the General Terms and Conditions. These terms and conditions are between Happystry and “the Seller” (who sells their products and services on the Happystry Platform). It is further clarified that the Seller and Happystry individually referred to as “Party” and collectively as “Parties”. A buyer is the user who lands on the page of Happystry and buys or shows the intent to buy the products which are displayed by the Seller on Happystry Platform. The General Terms and Conditions are to be adhered by all users/customers who browse through the page of Happystry/ purchases any product which is put in display by the Seller.
The Seller will keep informed Happystry at all times about the availability of the products and services in its inventory along with detailed specifications like size, colour, texture and other related specification as may be required of the product. Order once placed on the Happystry Platform by the customer shall have to be honoured by the Seller at all costs. In the event of any loss incurred due to unavailability of product and services / false information / product undelivered, damaged product, Happystry has zero liability towards the seller, customer or any other third party involved in the transaction.
Happystry as such shall not charge any fee for providing display on the Happystry Platform/ Mobile Application; however it reserves the right to charge the Seller a fee in the future for display of their products. The Seller hereby gives consent to Happystry to store the information provided in the registration form and re-use the provided information as and when required. In the event when the product of the Seller is Out of Stock / does not have adequate services for the delivery of the product, either on Happystry Platform or Happystry Chat box or calling services or if redirected to a third party’s platform through Happystry Platform the Seller should intimate Happystry by sending a mail at firstname.lastname@example.org. In any event it is the liability and onus upon the Seller to do the needful. It may also be noted that in the event if there is any failure in completion of the transaction while making the payment by the Seller then Happystry will have zero responsibility to retrieve the paid amount and will not consider it to be a payment. Happystry will only consider a transaction to be valid when the payment is successful.
Happystry will retain your messages (including your chats, photos, videos, messages and files) for internal quality purposes but Happystry will not be responsible for any information shared between the Seller and the Customer. The information and other details shared for any transaction occurring at Happystry Platform/Mobile Application is at their individual risk and Happystry shares zero liability in the event of any damages arising out of such transaction. The exchange of information is solely between the Seller and the Customer. This means that the Seller and the Customer is directly responsible to each other for their information shared on the chat window of Happystry Platform / Mobile Application. The final deal between the Seller and Customer will be closed in accordance with the terms decided between them wherein Happystry has no role to play and is not responsible for any act related to it.
The Seller shall upon receipt of the order from buyer immediately arrange to deliver the products to the designated address as early as possible but in any case Happystry as a good practice would advise the seller that the dispatch shall be made within 30 days of the receipt of the Order. In case the Seller fails to dispatch the product within the aforesaid time, it has to return the amount received back to the Customer forthwith. No delay in returning the amount is permissible and any delay caused shall be considered as breach of the provisions of this Terms and Conditions and it shall be one of the cause for deletion of the registered account of the Seller. The necessary guarantee/warranty shall be provided by the Seller to the Customer. The Seller agrees to replace the defective products supplied to the Customer at its own cost and shall not hold Happystry responsible in any manner whatsoever. For avoidance of doubts it is clarified that defective would mean and include but is not limited to wrong product, damaged product, mis sized product and any other shortcoming which the Customer may point out. It may also be noted that all transactions between the Customer and the Seller is at their own risk.
The Seller hereby covenants with Happystry as under:
The Seller indemnifies and shall hold indemnified Happystry, its partners, officers, employees, representatives, agents from and against all losses, damages, claims, suits, legal proceedings and otherwise howsoever arising from or in connection with any claim including but not limited to claim for any infringement of any intellectual property rights or any other rights of any third party or of law, concerning quality, quantity and any claim in relation to the Seller’s product, the breach of any of the Seller’s warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this terms and conditions or arising out of the Seller infringing any applicable laws, regulations including but not limited to Intellectual Property Rights, Local Sales Tax, Central Sales Tax, Service tax, Value Added tax, The Standards of Weights & Measures legislation, Excise and Import duties, etc . For the purpose of this clause reference to the Happystry shall also include the Mobile Operators and such other agencies through whom Happystry shall make the Application available to the Customers. All the provision shall survive even after the expiration of the understanding between the Parties the provisions of the terms and conditions will remain alive in full spirit and Happystry perpetually would retain the rights as laid down in this terms and conditions wherein the Seller remains bound by their obligations as specified in this terms and conditions even after the expiration of the understanding between the Parties. Limitation of Liability: Happystry on the basis of representation by the Seller is marketing the products of the Seller on its Application, “Happystry” to enable Seller to offer its products for sale through the said application. This representation is the essence of the Contract. It is expressly agreed by the Seller that Happystry shall under no circumstances be liable or responsible for any loss, injury or damage to the Seller, customer or any other party whomsoever, arising on account of any transaction under these Terms and Conditions or as a result of the Products being in any way damaged, defective, in unfit condition, infringing/ violating any laws/ regulations/ intellectual property rights of any third party. The Seller agrees and acknowledges that it shall be solely liable for any claims, damages, allegation arising out of the Products offered for sale through the Happystry platform (including but not limited to quality, quantity, price, merchantability, use for a particular purpose, or any other related claim) and shall hold Happystry and its affiliates harmless and indemnified against all such claims and damages. Further Happystry shall not be liable for any claims, damages arising out of any negligence, misconduct or misrepresentation by the Seller or any of its representatives. Happystry under no circumstances will be liable to the Seller for loss and/or anticipated loss of profits, or for any direct or indirect, incidental, consequential, special or exemplary damages arising from any activity of the seller on the Happystry platform, regardless of the type of claim and even if the Seller has been advised of the possibility of such damages, such as, but not limited to loss of revenue or anticipated profits or loss business, unless such loss or damages is proven by the Seller to have been deliberately caused by Happystry.
The Seller expressly authorises Happystry to use its trade marks/copy rights/ designs /logos and other intellectual property owned and/or licenced by it for the purpose of reproduction on the website, mobile application and at such other places as Happystry may deem necessary. Each Party shall retain all right, title and interest in their respective trademarks and logos and that nothing contained in this Agreement, nor the use of the trademark / logos on the publicity, advertising, promotional or other material in relation to the services shall be construed as giving to any Party any right, title or interest of any nature whatsoever to any of the other Party’s trademarks and / or logos.
The contents of the agreement and any information passed on by Happystry to the Seller is highly confidential in nature and the Seller agrees and undertakes to maintain the confidentiality of the information and user/customer data disclosed, generated or made available to Seller under this expressed terms and conditions. The said information shall not be used by the Seller or its agents, servants, representatives or any person acting through or claiming through the Seller for any purpose other than for the performance of its obligations under this terms and conditions. The Seller agrees that the unauthorized disclosure or use of such information would cause irreparable harm and significant injury, the degree of which may be difficult to ascertain. Accordingly, Seller agrees that Happystry shall have the right to obtain an immediate injunction from any court of law ensuing breach of the provisions of the terms and conditions and/or disclosure of the Confidential Information. Happystry shall also have the right to pursue any other rights or remedies available at law or equity for such a breach.
Nothing under this terms and conditions will be construed as creating a relationship of partnership, joint venture, agency or employment between the Parties. Happystry shall not be responsible for the acts or omissions of the Seller and Seller shall not represent the acts of Happystry, neither has any power or authority to speak for, represent, bind or assume any obligation on behalf of the other.
Neither Party shall be responsible or liable for any delay or failure to perform its obligations (other than an obligation to make payment) under this terms and conditions due to unforeseen circumstances or any event which is beyond that Party's reasonable control and without its fault or negligence, but not limited to, acts of God, war, riots, embargoes, strikes, lockouts, acts of any Government authority, delays in obtaining licenses or rejection of applications under the Statutes, failure of telephone connections or power failure, fire or floods or any technical fault in the Happystry Platform or Happystry Mobile Application.
If any dispute arises between the Parties hereto during the subsistence of this terms and conditions or thereafter, in connection with or arising out of this terms and conditions, the dispute shall be referred to arbitration under the Indian Arbitration and Conciliation Act, 1996, by a sole arbitrator. The arbitrator shall be appointed in accordance with the mutual consent of the disputed parties. The cost of the arbitration shall be shared mutually. Arbitration shall be held at Bangalore, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
Last Updated February 1, 2017
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our Happystry Platform, register on the Happystry Platform, subscribe to the newsletter, fill out a form, and in connection with other activities, services, features or resources we make available on our Happystry Platform. Users may be asked for, as appropriate, name, email address, mailing address, phone number, fax numbers, or other identifying information. We will collect personal identification information from Users if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, recognizing that such refusal may prevent a User from engaging in certain Happystry Platform-related activities.
We may collect non-personal identification information about Users whenever they interact with our Happystry Platform. Non-personal identification information may include the User's browser name, type of computer and technical information about Users means of connection to our Happystry Platform, such as the User's operating system, the Internet service providers and other similar information.
Happystry collects and uses a User's personal information primarily for the following purposes:
We adopt what we believe to be adequate and appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information, and data stored on our Happystry Platform. Because of changing technology and improving sophistication of hackers and persons seeking unauthorized access to our system, we cannot guarantee that our security measures will be successful; but we will put forth a good faith effort to protect your information as set forth in this Policy.
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.
Last Updated February 1,2017
Tawara Online Pvt. Ltd (“Happystry”) is committed to giving its users the best possible experience. To that end, we try to assemble content that we think complements what we are doing. Users can create stories, including images, text, videos and other media.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Company that your copyrighted material has been infringed.
Company's Copyright Agent for notice of claims of copyright infringement on its site can be reached at: support@Happystry.com
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