Terms & Condition - Hoopsters

Terms & Conditions of Service Agreement

Welcome to www.hoopsters.in, a website provided by Hoopsters India Pvt. Ltd.(hereinafter referred to as “Hoopsters. in”). You are requested to read these Terms and Conditions carefully. By using this website or ordering or purchasing any product or service from this website you agree to accept and be bound by all the terms and conditions of this agreement.

The Terms of Service Agreement (the ‘Agreement’) will govern all users/visitors or any person (hereinafter may also be referred to as “Users”) who use, register or visit or access this web Hoopsters.in (the “site”)or use any type of service from Hoopsters India Private Limited and its affiliates

By accessing and using the site , or any other services of Hoopsters.in, you agree to be governed by the terms and conditions of this agreement as well as any other specific terms / rules/ policies/ guidelines prevailing or posted on the site. These Terms will apply to any new services or features introduced on the Site. All the materials contained in the website are provided for informational purposes only and shall not be construed as a license, an advisory, fiduciary or professional relationship between you and Hoopsters.in.

You shall abide by the Terms and Conditions set forth below in this agreement. You will be bound and constitute to be accepted by these terms and conditions in accessing or using any service from Hoopsters. in. Hoopsters. in reserves the right to change or revise the terms and conditions of this Agreement from time to time on their website. The changes or revisions shall be effective after the date of revision. Your use of the website or any services after changes or revision will constitute as your acceptance to the changes terms and conditions set forth in the agreement. This agreement does not alter any other agreement that you might have undertaken with Hoopsters.in in return for any other products and services. Your continued use of this site after such changes constitutes your acceptance of the new Terms and Conditions.

A. USAGE OF THIS SITE

All visitors must abide by the following rules in relation to their access and use of site:

You must only make lawful use of this site
You must not use or access the site in a way that causes, or is likely to cause, the site to be damaged, its performance to be impaired or access to the site to be interrupted or hindered.
You may not use or access the Site, or any materials displayed on the site, for any commercial purpose without prior consent. This includes, but is not limited to, posting or sending to other members advertisements, commercial messages or solicitations for products or services.
You are responsible for any photographs, text or other materials that you may upload to the site for sharing with other members. You must not upload any materials, or make statements through the site, or post links to other websites which contain materials, which are inaccurate or misleading, defamatory, disrespectful, insulting, abusive, obscene, sexually explicit or vulgar or which tend to incite racial or other hatred or infringe the proprietary, data protection, privacy or other rights of any person or are otherwise illegal.
This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose whatsoever without express written consent of Hoopsters. in.
The copyright and all other intellectual property rights in this site belong to Hoopsters. in or its licensors. You may view and print materials on the site and make reasonable personal use of those materials, including reasonable copying. You may not use framing techniques to display this site, any part of it or any other proprietary materials of Hoopsters. in. You may create hyperlinks to the Hoopsters. in home page as long as the link does not use our logos or graphics and does not refer to Hoopsters. in or any person or website associated with Hoopsters. in as false, misleading or derogatory.

B. REGISTRATION AND SUBSCRIPTION

Registration and subscription takes place via a dedicated online form on the Website.

These Terms and Conditions of Registration and Membership (hereafter “Terms”) establish the conditions of registration and membership and the terms of use of the Members Area. A Member shall expressly accept these Terms on registration and is bound to comply with them.

Any new services, offered online in the Members Area after initial registration, shall also be governed by these Terms unless otherwise specified.

Hoopsters reserves the right to amend the present Terms at any time and without prior notice and shall inform Members of such amendments at their next log-in. Members shall accept such amendments by checking the appropriate checkbox. The accounts of Members who do not accept the amendments shall be blocked 14 days after notification of the amendments.

The User shall register online to become a Member of Hoopsters. By registering with Hoopsters, the User accepts that most communications with Hoopsters and its Members will take place electronically.

Hoopsters screens registration applications and reserves itself the right to reject a registration without stating the reasons.

Upon registration, Members are required to give their name, email address, mail address, areas of interest and a password. Hoopsters’ team will verify that the member fulfils the necessary conditions for being registered as a Member.

Members vouch that data supplied on registration are true and complete, and that they are kept up-to-date after registration. It is expressly forbidden to place accounts at the disposal of third parties and to disclose access details to third parties.

For technical reasons, Hoopsters cannot establish with certainty whether a registered Member really is the person he/she claims to be. Hoopsters shall therefore provide no guarantee as to Members’ true identities. Members shall therefore be responsible for verifying other Member’s identities and shall contact Hoopsters in cases of suspicion.

Registration as a Member results in a contractual relationship (usage contract) between Hoopsters and the Member. By accepting the Terms, they become a contract component. The member receives a personal, non-transferable right, revocable at any time, to use the contents and services provided by the Website and undertakes to comply with these Terms and the restrictions set out in them during such use.

Hoopsters reserves the right to modify, suspend or discontinue individual services and/or sections of the Members Area, or all of them, at any time and without prior notice, in whole or in part. Hoopsters reserves the further right to limit or deny access to individual or all services, without prior notice at any time.

C. ACCOUNT MAINTENANCE AND RESPONSIBILITY

If you wish to utilise the services on this Site, you must open an account with us and/or provide the required information to us.

By entering any information on this Site, you represent and warrant that:

You are responsible for maintaining the confidentiality of your account and its password, as well as for all activities that occur under your password or account. You shall be held liable for losses incurred by Hoopsters. in or another party due to your non-compliance with obligations stated herein.

Hoopsters. in cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. If you wish to cancel a username or password, or if you become aware of any loss, theft or unauthorized use of a username or password, please notify us immediately.

We reserve the right to delete or change any username or password at any time without assigning any reason whatsoever.

D. RULES OF CONDUCT

Users must comply with the laws that apply in the location that the services of Hoopsters. in is accessed from. If any laws applicable restrict or prohibit using Services of Company, the user must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services of Company. The user promise that all the information provided to Hoopsters on accessing and/or using the Services is and shall remain true, accurate and complete at all times. Notwithstanding any other provision of these Terms the user agrees and undertakes not to:

Hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Service or any part of them (save to the extent which expressly cannot be prohibited in accordance with the applicable mandatory law in your jurisdiction);
Remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in the Service;
Create software which mimics any data or functionality in the Service;

Use or deal in the Service except as permitted by these Terms;

Include contact details intended to enable communication outside of the Service, in any Communication;

Use your access to the Service, or information gathered from it, for the sending of unsolicited bulk email;
Make any public, business or commercial use of the Service or any part of them;
Provide hypertext links, URL links, graphic links, hyperlinks or other direct connection for profit or gain to the Service without prior written permission of Company;
Make the Service or any part of it available to any third party (please note this does not stop you from fairly and honestly providing links to the Platform, or showing either to other people);
Use or process the Service or any part of them unfairly or for any illegal or immoral purpose; or
Delete or obscure any copyright or other proprietary notice on the Service.

The Service may only be accessed and used via authorized servers. You the user must take no action to bypass authorized servers and/or use third party software to modify any aspect of the Service, whether for the purpose of securing an unfair advantage over other users, and expressly consent to Hoopster’s monitoring his/her computer’s random access memory for the purpose of identifying said unauthorized third-party programs.

E. COMMUNITY GUIDELINES

You agree that Hoopsters. in will not be used for the following:-

Upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, religiously, ethnically or otherwise objectionable.
Impersonate any person or entity, including, but not limited to, a Hoopsters. in representative, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.  Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site.
Pursue any activity that causes / may cause / or is likely to cause harm to minors.
Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Carry out any Denial of Service or similar harmful attacks on any application or service.
Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
Intentionally or unintentionally violate any applicable local, state, national or international law.
Collect or store personal data about other users.

F. TERMINATION

You or we may suspend or terminate your account or your use of this Site at any time, without notice, for any reason whatsoever. You are personally liable for any orders that you place or charges that you incur prior to termination.

We may also at any time, at our sole discretion, change, suspend or discontinue the Website or any services provided hereunder or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website or such services.

Members can resign their membership with Hoopsters at any time by communicating their decision by mail or email through the contact details provided in the site or by writing a message in the Comments area of the Profile Update page. The resigning Member shall pay the current year’s membership, if any, in full. Resigned Members can apply to revive their registration at any time. The decision to revive a registration is at the sole discretion of Hoopsters.

Membership has to be renewed annually by paying the ongoing membership fee.

After the resignation or the termination of a membership, Hoopsters is entitled to continue without time limitation, to freely use in the Website, emails, publications and advertisements, in full or in part, the contributions (text and other material) the Member submitted to Hoopsters before resignation or termination, if any.

G. PRODUCTS ON HOOPSTER.IN

The listing, description of, or reference to, a product or service on this Site does not imply that the product or service is presently available or that we endorse that product or service. Prices and availability of the products, offers, promotions and services listed on this site are subject to change without notice

In the event a product or service is listed at an incorrect price due to a typographical error or error in pricing information received from a supplier, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price, even if the order has been confirmed and/or your credit card has been charged.

If your credit card has already been charged for the purchase and your order is cancelled, we shall promptly issue a credit to your credit card account for the amount of the incorrect price.

Order Acceptance

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or for no reason at all.

We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any product or service. However, the difference in the price paid by you and the price of the product supplied or service rendered shall be credited to your credit card.

Restrictions

Not all products and services listed on this Site may be available for sale or delivery in every area. All orders of products or services are subject to prevailing law, including, as appropriate, export and import regulations and other restrictions, if any, imposed by governing bodies having jurisdiction over such orders, products or services.

Shipping and Delivery

Products sold on Hoop Store are manufactured by various vendors. All products will be delivered by the respective manufacturers. Hoopsters is not responsible for any deliverables of these products. All complaints need to be addressed to the respective manufacturers. But in view of promoting the best to our audience we would request you to send us a copy of your complaint.

Hoopsters. in is always working to improve the quality and cost of shipping for both our Indian and international customers. For this reason, shipping rates and policies are subject to change without notice.

The standard shipping time is 14 working days from the date of payment clearance, though it may get delayed due to unforeseen circumstances, which may not be under our control. Hoopsters. in does not guarantee any fixed delivery times once it is dispatched from our Premises.

The shipping charges if charged extra or otherwise, shall be for the first attempt to deliver to the address as given by the customer during the placement of the order. If for any reason, it is returned undelivered, the company will not be held liable for delivering the consignment again. The customer would need to pay for the shipping charges (as applicable) for delivering the consignment again to the address specified by the customer.

Pricing

All prices quoted for products on the site are exclusive of shipping and handling charges, which depend on the order size and the shipping location and will appear in your payment stage of the order confirmation.

Hoopsters. in is not responsible for Credit Card Companies/ Banks charging anything extra for service charges etc. We would request you to check with your Credit Card Company/ Bank for details regarding International transactions.

Also the prices include the sales tax and central excise and customs tax or any other taxes leviable as per the Government of India laws and rules. Hoopsters. in will not be responsible for any local taxes/duties levied by the country of your residence for our shipments.

Hoopsters. in may offer one or more discounts and promotional offers/ services from time to time to member and non-members as may be specified. All such discounts, offers and service are seasonal in nature and cannot be combined for any given transaction unless expressly specified by Hoopsters. in for any such transaction.

H. CONTESTS/ PRIZES/ REWARDS

These rules apply to all contests, prize draws, promotions, giveaways and suchlike that are promoted on and run through our website or social media channels.

To enter a contest you must enter as directed on our website or through the social media channels. Our contests are restricted to subscribers unless there are any specific instructions or any seasonal offers.

Promotions on social media are in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Google Plus, Instagram, LinkedIn or any other social network. You are providing your information to Hoopsters.in and not to any other party. The information provided will be used in conjunction with our Privacy Policy.

To be eligible to enter a contest:

entrants must not be our employee, officer or agent, or an employee, officer or agent of any person or organisation involved in the running of the contest, and you must not be a family relation of any such person.
Contest entrants for our promotions on social media must have a genuine account and must ‘like’ the Hoopsters Social Media Page as a part of the entry process.
The maximum number of entries per person depend on the nature of the contest.
The maximum number of entries for a contest shall be at our sole discretion and depend on the nature of the contest. Once this number of entries have been received, the contest will be closed to new entries, notwithstanding the published closing date.

Start and closing dates

A contest shall open for entries at the time and on the date specified on our website and/or social media channels, and similarly, shall close to entries at the time and on the date specified on our website and social media channels. Unless otherwise stated, these times and dates are set to those for UTC (Co-ordinated Universal Time).
Any entries received before the opening or after the closing of the contest will be invalid and will not be entered into the contest.
No responsibility can be accepted for entries not received for whatever reason.
We reserve the right to cancel or amend the contest and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of our control. Any changes to the contest will be notified to entrants as soon as possible by us.
Entry into the contest will be deemed as acceptance of all of these terms and conditions.

Judging

Contest entries shall be judged or winners selected on the basis of those criteria specified on our website and/or social media channels in relation to the contest.
If a contest entrant does not meet the eligibility requirements or is subject to any entry restrictions, that entrant shall not be entitled to be adjudged a winner, and will not be entitled to a prize in any circumstances.
Our decision in respect of all matters to do with the contest will be final and no correspondence will be entered into. The contest and these terms and conditions will be governed by Indian law and any disputes will be subject to the exclusive jurisdiction of the courts of India.

Publicity

We may undertake publicity activities relating to contests and prize awards. The winner therefore agrees to the use of their name, photograph and disclosure of town or region of residence in any post-prize-winning publicity names, surnames, towns or regions of residence and prize details.
All other personal details collected as part of the contest will be used in conjunction with our Privacy Policy.

I. DISCLAIMERS

You expressly agree that use of this site is at your sole risk. This site, and any content Neither we nor any of our business partners represent or warrant that this site will be uninterrupted or error-free, that defects, if any, will be corrected, or that this site is free of viruses or other harmful components; nor do we or the make quality, performance or suitability of this site or any content available on this site.

Product comparisons do not imply that all products compared are available, or in the case of functional equivalency, that performance or other characteristics are exactly comparable.

To the fullest extent permissible by applicable law, we and each of our business partners disclaim all warranties of any kind, either express or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose or non-infringement, with respect to this site or any content available on this site.

All products and services purchased on or through this site are subject only to any applicable warranties of their respective manufacturers, distributors and suppliers.

To the fullest extent permissible by applicable law, we disclaim all warranties of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose, with respect to products and services listed or purchased on or through this site.

We disclaim any and all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misapplication.

The views expressed in any article, proposition, opinion etc. On the site are views of the individual authors and we disclaim any and all liability in this respect including any loss, damage and offence to or hurting the sentiment of any person / organisation and /or the society in general. The dependability of articles, propositions, opinions etc by various authors on this site shall be at the users own discretion / risk.

All the views expressed by experts across various domains are only for information and for creating awareness and not any kind of treatment or advice.

J. INDEMNIFICATION

You agree to indemnify and hold us harmless from any claim, action, demand, loss or damages (including lawyers’ fees) arising out of or related to your use of this Site, any purchases you make on or through this Site, Content you post or transmit on this Site, any violation of these Terms and Conditions by you, or any violation of any rights of any person or entity by you.

These Terms and Conditions and any other policies, rules or guidelines posted by Hoopsters. in on this site and incorporated herein by reference constitute the sole agreement between you and us relating to your use of this Site and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in these Terms and Conditions shall bind either of us.

Any of these Terms and Conditions which are determined to be invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability in such jurisdiction, without rendering invalid or unenforceable any of the remaining Terms and Conditions or affecting the validity or enforceability of these Terms and Conditions in any other jurisdiction. No waiver by us of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part, without our prior written consent. These Terms and Conditions shall be binding upon and inure to the benefit of each of us and our respective successors and permitted assigns.

K. DISPUTE RESOLUTION

All the disputes, issues, controversy or claims between the parties arising out of or in relation to or in connection with this agreement or any product shall be first tried to be settled amicably and through mutual negotiations. The parties shall try and resolve the disputes in good faith and in equitable manner.

In case of failure to resolve the disputes as stated above, either parties may seek to refer such dispute to be resolved by arbitration that will be subject to / governed by The Arbitration & Conciliation Act, 1996 and all the provisions of that Act so far as applicable or of any act of legislature for the time being in force and passed any modification thereof or any substitution thereof shall apply to every reference hereunder. The Arbitrator shall be appointed or nominated by Hoopsters. in. The language of the arbitration shall be English and the venue of arbitration shall be Bengaluru.

The Arbitrator shall have power to give interim directions and orders and also publish interim awards and award interests and costs. The courts at Bengaluru shall have exclusive jurisdiction in respect of any matter concerning arbitration of disputes under this agreement.

L. GOVERNING LAW

These Terms & Conditions and/or the orders placed by the User on Hoopsters.in for goods/services and/or the use of services provided through www.hoopsters.in shall be governed by the laws of India and no other nation. The User agrees to submit to the exclusive jurisdiction of the Courts located in Bengaluru, India as regards any claims or matters arising under these terms & conditions.

M. INTELLECTUAL PROPERTY RIGHTS(IP)

All content included on this Site, not limited to music (including the underlying works thereof), videos, text, graphics, logos, button icons, images, audio clips, data compilations, and software (“Content”), is the property of Hoopsters.in or its suppliers, sponsors, licensors or affiliates (collectively, “Business Partners”), and is protected by National / International Copyright law, Trademark law, and trade secret law.

Hoopsters. in owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination and arrangement of the Content. You may not copy/use the design, style, unique links, services etc. provided on / through this website. Except as expressly provided in these Terms and Conditions, neither Hoopsters. in nor its Business Partners grant any rights to you under any patents, copyrights, trademarks or trade secret information.

You understand that by using the Site, you may be exposed to Content that may be offensive or objectionable according to your judgment. Under no circumstances will Hoopsters. in be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Site. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

It is Hoopsters.in’s strict policy to respect the Intellectual Property Rights of others. Hoopsters. in has taken adequate measures to ensure that the content on the website is displayed either with the permission from their respective owners or Hoopsters. in believes the same to be in public domain. However, Hoopsters. in shall not liable for any infringement of copyright arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties. Our policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice of any alleged infringement. If you believe that your intellectual property has been infringed upon, please provide us with the following information:

A description of the intellectual property that you claim has been infringed, as well as, an explanation as to why you believe in good faith that the disputed use is not authorized by the intellectual property owner, its agent, or the law.
The exact location on the Site of the material that you claim is infringing.
Your address, telephone number, and email address.
A statement signed by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner's behalf.

The above mentioned information must be emailed to: info@hoopsters.in.

N. HOW TO REACH US- Contact Information

If you have any questions regarding this Site or any requests for additional information concerning Hoopsters. in, please send us an email at: info@hoopsters.in.