Terms And Conditions of Use
Welcome to www.superhugs.in
This website is owned and operated by MK Traadis a company having its registered office at 47, 1st Floor,Mukherjee Nagar (West), Delhi,110009.
Unless mentioned by us otherwise, we use the terms “Company”, “MK Traadis”, "we" , “our” and "us" on this Website to refer to MK Traadis throughout the Website terms and conditions of use, which include our General Terms and Conditions, Privacy Policy & Cookie Policy. For the purpose of these Terms, wherever the context so requires "You", “Your”, “Visitor” or "User" shall mean any natural or legal person who has agreed to become a buyer or service recipient on the Site by providing relevant data or uses by way of browsing the website or uploading / downloading any application / information / data.
By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions of use as stated in this policy (hereinafter referred to as the ‘Agreement’), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy for more information).
We reserve the right to change this Agreement from time to time with/without notice. You acknowledge and agree that it is your responsibility to review this Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
For the Purpose of these Terms, words referring to masculine include the feminine and the singular include the plural and vice versa as the context admits or requires; and words importing persons includes individuals, bodies corporate and unincorporated. The words “include” and “including” are to be construed without limitation.
PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Agreement governs your use of this website www.superhugs.in (hereinafter referred to as the ‘Website’), our offer of products / services for purchase on this Website, or your purchase of available products / services on this Website. This Agreement includes and incorporates by this reference, the policies and guidelines referred below. We reserve the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. We may / may not alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. We encourage you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.
Responsible Use And Conduct
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In order to access and/or use our Website , you may be required to provide certain information about yourself (such as identification, email, phone number, contact details, etc.) as part of the registration process, or as part of your ability to use the Website. You agree that any information you provide will always be accurate, correct, and up to date.
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You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Website. Accordingly, you are responsible for all activities that occur under your accounts.
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You specifically agree not to access (or attempt to access) our Website through any automated, unethical or unconventional means.
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Engaging in any activity that disrupts or interferes with our Website , including the servers and/or networks to which our Website is located or connected, is strictly prohibited.
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Attempting to copy, duplicate, reproduce, sell, trade, or resell our Website or the content on our Website is strictly prohibited.
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You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
Privacy
We strongly believe in protecting user privacy, which is why a separate Privacy Policy has been created in order to explain in detail how we collect, manage, process, secure, and store your private information. Please refer to our privacy policy, incorporated by reference herein, that is posted on the Website.
Terms of Offer
This Website offers for sale certain Products and / or services (hereinafter referred to as ‘Products ’). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation
Unless you notify our call center representatives or direct the Company sales representatives, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from us and its designated in house or third party call team(s).
Opt Out Procedure
We provide 3 easy ways to opt out of from future solicitations -
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You may use the opt out link found in any email solicitation that you may receive.
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You may also choose to opt out, by sending a written remove request via your email address to: superhugs.care@gmail.com and mentioning your wish to opt-out.
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You may also request to our sales representatives, while they are calling you, of your desire to opt out from further direct company communications and solicitations.
Copyrights / Trademarks / Proprietary Rights
MK Traadis has proprietary rights and trade secrets in the Products and the Website. You will not copy reproduce, resell or redistribute any Product manufactured and/or
distributed by MK Traadis under its brand name / company name without the express written permission from MK Traadis.
MK Traadis also has rights to all trademarks and trade dress and specific layouts of the web pages, including calls to action, text placement, images and other information. All content on the Site is the copyright of the Company except content already available publicly and for free or content provided to the company by third parties / the web-site creation platform on which the Site has been created. We do not have any copyright on any third party content and links to third party websites on the Site, if any.
All content and materials available on www.superhugs.in, including but not limited to text, graphics, website name, code, images and logos are either the intellectual property of MK Traadis or MK Traadis has been allowed to use the same on its website, and all such content are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by MK Traadis .
Taxes: If you purchase any Products from the Website, you will be responsible for paying the applicable taxes (GST). All Prices shown on the Website are inclusive of Taxes.
Content, Intellectual Property, Third Party Links
In addition to making available the Products, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites. We do not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that we do create the content on this Website, such content is protected by intellectual property laws of India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, non-commercial use. Any links to third-party websites are provided solely as a convenience to you. We do not endorse the contents on any such third-party websites. We are not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you use and / or link to third-party websites, you do so at your own risk. Please read our Disclaimer for third-party websites.
Trademark: 'SuperHugs' and related icons and logos are registered or registration has been applied for by the Company in various jurisdictions and the same is protected under applicable trademark and other intellectual property laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited and shall be subject to appropriate legal proceedings against the unauthorized user.
Use of Website
We are not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes.
You will -
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abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property),
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not interfere with or disrupt the use and enjoyment of the Website by other users,
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not resell material on the Website,
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not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and
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not defame, harass, abuse, or disrupt other users of the Website.
License
By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, non-commercial use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from us or the applicable third party (if third party content is at issue).
Blogs / Postings
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We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
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is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
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infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
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contains any type of unauthorized or unsolicited advertising;
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impersonates any person or entity, including any www.superhugs.in / MK TRAADIS employees or representatives.
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We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
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We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes our property, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted on the Website and does not refer to information that is provided as part of the registration process, necessary in order to use our Website / Resources. All information provided as part of our registration process is covered by our Privacy Policy.
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You agree to indemnify and hold harmless www.superhugs.in, which is a digital property of MK TRAADIS, and MK TRAADIS and its affiliates, owners, directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, incurred by you or any other person using your account as a result of any violation of this User Agreement or the failure to fulfill any obligations relating to your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
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By posting, storing, or transmitting any content on the Website, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. We do not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. We are not liable for any damage or harm resulting from any posts by or interactions between users. We reserve the right, but have no obligation, to monitor interactions between and among users of the Website and to remove any content we deem objectionable, in our sole discretion.
Disclaimer of Warranties
Products offered by us are of satisfactory quality and we use the feedback from our customers to bring in improvements and changes to the products that we offer. In case you are not satisfied with the quality or receive a defective product you can use our Cancellation and Refund process mentioned in these Terms and Conditions.
You acknowledge and undertake that your use of this website and/or purchase of Products are at your own risk. The website and products are offered on an "as is" and "as available" basis. MK TRAADIS expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the product or website content, or any reliance upon or use of the website content or product.
Without limiting the generality of the foregoing, MK TRAADIS makes no warranty :
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That the information provided on this website is accurate, reliable, complete, or timely.
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That the links to third-party websites are to information that is accurate, reliable, complete, or timely.
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That advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein
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As to the results that may be obtained from the use of the products.
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Regarding any product purchased or information obtained through the website.
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That the web site and /or payment process will work free of any problems.
Even though we make our best efforts to quality check all products for our customers and to avoid any errors in the Website functioning, we will not accept liability for any such inadvertent issue, errors or omissions.
Limitation Of Liability
MK TRAADIS’s entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website content and/or purchase of Product and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling charges, for products purchased via this website.
MK TRAADIS will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement and/or in any manner, including liabilities
resulting from:
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The use or the inability to use the website content.
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The cost of procuring substitute content.
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Any information obtained / purchased or transactions entered into through the website.
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Any lost profits you allege.
In conjunction with the Limitation of Liability as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, less shipping and handling charges for products purchased via this website. www.superhugs.in or MK TRAADIS will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Website / Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
Indemnification
You agree to release, indemnify, defend and hold harmless MK TRAADIS, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of Your breach of these Terms or your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website.
Agreement To Be Bound
BY USING THIS WEBSITE OR ORDERING PRODUCTS USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT AND ALL TERMS AND CONDITIONS ON THIS WEBSITE.
General Clause:
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Force Majeure: MK TRAADIS will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
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Cessation of Operation: MK TRAADIS may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and /or distribution of the products.
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Entire Agreement: This Agreement comprises the entire agreement between you and MK TRAADIS and supersedes any prior agreements pertaining to the subject matter contained herein.
Governing Law/Jurisdiction
This website is controlled by us from our offices located in the state of Delhi, India. It can be accessed by most countries around the world. The website has been designed to comply with the laws of India and hence We shall be governed by the laws of India. If any material on the Site or Your use of the Site is contrary to the laws of the country / state where You are when You access it, We ask You not to use the Site in contravention of such law. You are responsible for being aware of the laws of Your jurisdiction and complying with them. Further, the courts of Delhi shall have exclusive jurisdiction in case of any preliminary relief sought in respect of all the terms, conditions and disclaimers. You hereby agree to judgement passed by such courts and waive any right to jurisdictional, venue, or inconvenient forum objections to such courts.
Dispute Resolution
All disputes or differences arising between You and the Company as to these Terms or any other matter in relation to or in connection with Your use of the Site, shall be referred to a single arbitrator who shall be appointed by us as per the provisions of the Arbitration and Conciliation Act, 1996 or any amendments thereto. The seat of arbitration shall be Delhi and the language shall be English.
Effect of Waiver
The failure of MK TRAADIS to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Termination
We reserve the right to terminate your access to the Website if we reasonably believe, in our sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and we may, in our sole discretion and without advance notice to you, cancel any outstanding orders for you. If your access to the Website is terminated, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until MK TRAADIS chooses, in its sole discretion and without advance notice to you, to terminate it.
Domestic Use
We make no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Acceptance of Your Order
Please note that the Company reserves the right to accept or reject your order in part or in full, with or without any reason whatsoever. Your completion of the online checkout process is not to be interpreted as our acceptance of your offer to purchase products from us.
The acceptance and / or communication for your offer for the purchase of the products will take place upon our receiving the payment from you and dispatch of your products.
No act or omission prior to that will constitute our acceptance of your order. We will notify you by email as soon as possible to acknowledge that we have received and are processing your order. Prior to dispatch of the product(s), we have the right to decline an order for any reason, whatsoever.
If we are unable to supply you with the product you ordered, we shall inform you of the same and refund you in full, if you have already paid for the product.
If the fulfilment of an order whether in full or in part would be unlawful, we have the right to stop the fulfilment of that order at any time, including after dispatch of products and/or notification to you that the order has been received and is being processed. You acknowledge and agree that we shall incur no liability in such circumstances.
Cancellation And Refund
You can cancel your order before we have dispatched the products. Once an order for purchasing the products available for sale on the website is received by Us and the checkout procedure is completed, a cancellation of such order can only be made at any time before You receive an e-mail containing confirmation of dispatch of the product.
Once the product has been dispatched, any cancellation request received by Us after such dispatch will be treated as a request for Refund.
The products listed on the website are currently not returnable and non-refundable. We may in our sole discretion, decide to refund an order in case of damage to the packaging and product during transport by courier company, or the product received by customer was defective. We Quality check all products and packages before we dispatch the packages to a customer. Still if you believe you have received a defective product, you can approach us. The request has to be raised within 7 days of receiving the product.
For you to request a refund, You can send us an e-mail on superhugs.care@gmail.com with Your order details such as Your name, address, telephone number, order number, booking date, etc. and giving reasons of your returning the products and a confirmation that the products have not been used. We may ask you for the photographs of the package and the products.
In case we decide to get the products back from you, we will arrange for pick up of the products. If the pickup is successful and we receive the products at our facility, we will quality check the products for any damages / defects / use of products , and accordingly we may initiate the refund. Please note that we will deduct shipping and handling charges from the total amount you paid for the order.
Captions and Headings : The Captions, headings, subheadings, titles, subtitles to clauses, sub-clauses in the Agreement are for reference only and shall not be deemed to define or limit the scope or intent of any of the terms and provisions contained in this Agreement.
Assignment
You may not assign your rights and obligations under this Agreement to anyone.
MK TRAADIS may assign its rights and obligations under this Agreement in its sole discretion and without notice to you.
Contact Information
If you have any questions or comments / feedback about these Terms and Condition as outlined above, you can contact us at:
E-mail us at : superhugs.care@gmail.com
MK TRAADIS
47, 1st Floor, Mukherjee Nagar (West), Delhi, 110009