PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
Welcome to www.helpcircle.com.
1. Application and Acceptance of the Terms
1.2. By accessing the Websites or using the Services, you agree to accept and be bound by the Terms. Please do not use the Services or the Website if you do not accept all of the Terms.
2.1. The Services are not available to minors under the age of eighteen (18) and to any Users suspended or removed from the Helpcircle system by Helpcircle for any reason whatsoever. If You do not conform to the above qualification, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the Services provided by Helpcircle through Your legal guardian in accordance with the applicable laws.
2.2. If You are a minor i.e. under the age of 18 years, You shall not register as a User of the Website and shall not transact on or use the Website. As a minor if You wish to use or transact on the Website, such use or transaction may be made by Your legal guardian or parents on the Website. Helpcircle reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to notice or if it is discovered that You are under the age of 18 years.
2.3. You acknowledge and agree that Helpcircle may amend any Terms at any time by posting the relevant amended and restated Terms on the Website. By continuing to use the Services or the Website, You agree that the amended Terms will apply to You.
3.1. The Website is a platform that facilitates the online sale and purchase of Vegetable, Fruits,Arts and Crafts and other products to be include from time to time and services offered by Helpcircle’s various affiliate/ registered merchants/ vendors/ service providers, etc (collectively referred to as “Sellers”). The purchase of products and services on the Website shall be governed by the Terms of Offer for Sale as provided hereunder in Clause 7 ("Terms of Sale")
4. User Accounts, Password and Security
4.2. The Website requires You to register as a User by creating an Account in order to avail of the Services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Helpcircle of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Helpcircle cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 4.2. You may be held liable for losses incurred by Helpcircle or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
4.3. The Website also allows restricted access to the Services for unregistered Users.
4.4. You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
4.5. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Helpcircle has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Helpcircle has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).
5. User Obligations
5.3. You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by Helpcircle. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
5.4. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. Helpcircle disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content to firstname.lastname@example.org .
5.5. If Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to
a) Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
b) Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
c) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword
d) Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents
e) 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
f) Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website)
g) Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Helpcircle server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means
h) Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Helpcircle, including any Helpcircle Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website.
i) Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites.
j) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section
k) Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website
m) Conduct or forward surveys, contests, pyramid schemes or chain letters
n) Download any file posted by another User of a Service that you know, or reasonably should know, cannot be legally distributed in such manner
o) 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
p) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service
q) Violate any applicable laws or regulations for the time being in force within or outside India
s) 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
5.7. You agree and acknowledge that Helpcircle is not the seller of the products and the services and Helpcircle shall in no manner be deemed to be the seller of the products or services on this Website. Helpcircle is only facilitating purchase of the products or services by You from the vendor by providing the Services to You.
5.8. You agree that Helpcircle may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.
6. Pricing Information
6.1. All the products listed on the Website will be sold at Maximum Retail Price (MRP) unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. Although prices of most of the products do not vary on a daily basis, some of the commodities and prices of fresh food do change on a daily basis. In case the prices are higher or lower on the date of delivery no additional charges will be collected or refunded as the case may be at the time of the delivery of the order.
6.2. While Helpcircle strives to provide accurate products, services and pricing information, typographical and other errors may occur. In the event that a product or service is listed at an incorrect price or with incorrect information due to an error in pricing or product or service information, Helpcircle may, at its discretion, either contact You for instructions or cancel Your order and notify You of such cancellation. Helpcircle will have the right to modify the price of the product or service and contact You for further instructions via e-mail address provided by You at the time of registration, or cancel the order and notify You of such cancellation. If Helpcircle cancels the order after the payment has been processed, the said amount will be remitted to Your account from which the payment was made.
6.3. You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. Helpcircle expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.
7. Terms of offer for sale
These terms of offer for sale ("Terms of Sale") between Helpcircle and You, the User, describe, inter alia, the terms of offer for sale, purchase of goods and services through the Website.
a) The Website is a platform that facilitates Services offered by Helpcircle's various affiliates/ registered merchants/ vendors/ service providers ("Vendor/s"). The Services are offered to the Users through various modes which shall include but not be limited to, sale of Vouchers that can be redeemed for various products and services, sale of products etc. The Vendors are the sellers of products and services on the Website and will be solely responsible to You for the products sold or for redemption of any Voucher purchased by You through the Website.
b) You acknowledge that Helpcircle has the right to change or discontinue any Service at any time, without notice. You further acknowledge that Helpcircle may add or modify the procedures, modes, processes or conditions of purchase at any time to adapt to changes that Helpcircle may make to the Services. You agree that Helpcircle shall not be liable to You or to any third party for any modification, suspension or discontinuance of any aspect of the Service.
a) You should take all responsibility for your own actions in utilizing the services purchased by You and Helpcircle shall not be liable for any such action.
b) You represents that You are of legal age to form a binding contract with Helpcircle / Vendors and are not a person barred from receiving services under the laws as applicable in India
c) You confirm that Helpcircle shall not be responsible for any deficiency in payment of consideration payable towards the Services purchased from the Website.
d) Helpcircle does not offer any refunds against any services already purchased from the Website unless, any error has occurred during the purchase or redemption of such services which is directly attributable to Helpcircle
7.3. Delivery of the Product
a) Helpcircle does not provide shipping of any products purchased by the User. The shipping of the order shall be the responsibility of the Vendor whose Service was availed by the User.
7.4. Return Policy
a) You agree that Helpcirlce is not responsible or liable In the event You receive a damaged / defective/ expired product or a product that does not comply with the specifications as per your original order. However Helpcirle will provide assistance to enable You to receive the correct items from the Vendor.
b) You are required to get in touch with the customer service team through any of the below mentioned channels.
Ø 8939 110 220 (Helpline Number)
Ø email@example.com (Contact Email)
8. Intellectual Property Rights
8.1. The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, product catalogues, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Helpcircle and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
8.2. The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Helpcircle or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of Helpcircle, the Vendor or the third party that may own the Marks.
8.3. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Helpcircle owns all intellectual property rights to and into the trademark “Helpcircle”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
8.4. Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Helpcircle or thirty party owner of such Content.
9. Third Party Content
9.1. The Website makes available general third party information such as, product catalogues, lists of authorized dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products and other data from external sources ("Third Party Content"). Similar Third Party Content would also be available to You on the email received by You from Helpcircle. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. Helpcircle does not provide any guarantee with respect to any the Third Party Content and Helpcircle shall not be held liable for any loss suffered by You based on Your reliance on or use of such data.
10. Disclaimer Of Warranties & Liability
10.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HELPCIRCLE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. HELPCIRCLE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
10.3. HELPCIRCLE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. HELPCIRCLE HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT HELPCIRCLE NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. HELPCIRCLE SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES 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, HELPCIRCLE 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 HELPCIRCLE'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL 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 OR DATA. HELPCIRCLE IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. HELPCIRCLE ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
10.4. HELPCIRCLE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY
10.5. HELPCIRCLE DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY PRODUCT (INCLUDING BUT NOT LIMITED TO PRODUCT CATALOGUES) OR SERVICES OFFERED BY THIRD PARTIES ACCESSIBLE THROUGH THE WEBSITE OR ANY LINKED SITES. HELPCIRCLE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, THE VENDOR OR ANY SUCH THIRD PARTIES, THEIR PRODUCTS OR SERVICES, INCLUDING REPRESENTATIONS RELATING TO NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. ANY TRANSACTIONS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK. THE PRODUCTS SHALL BE SUBJECT TO VENDOR'S TERMS AND CONDITIONS AND HELPCIRCLE DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. HELPCIRCLE ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY YOU.
10.6. HELPCIRCLE SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY DEFECT IVE OR COUNTERFEIT PRODUCTS PURCHASED OR SERVICE AVAILED BY YOU FROM THE VENDOR AND HELPCIRCLE SHALL NOT ASSUME ANY LIABILITY IF THE PRODUCT PURCHASED OR SERVICE AVAILED BY YOU FROM THE VENDOR IS NOT EXACTLY AS PER SPECIFICATIONS DETAILED IN THE PURCHASE CONFIRMATION ORDER.
11. Indemnification and Limitation of Liability
11.3. In no event shall Helpcircle, its officers, directors, employees, partners or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Helpcircle has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or materials.
11.4. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
12.2. You agree that Helpcircle may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or (4) unexpected technical issues or problems.
13. Governing Law
15.1. You hereby expressly agree to receive communications by way of SMS, e-mails from Helpcircle relating to Services provided through the Website
15.2. A User can unsubscribe/ opt-out from receiving communications from Helpcircle through SMS and e-mail anytime by
16. Miscellaneous Provision