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Terms of Use of Humbee

These terms of use including the Privacy Policy at Humbee (“Terms of Use”) govern the use of the mobile application and website of Humbee (“Platform” or “Website”) by user of the Platform, including but without limitation, use at the time of accessing, using and availing of the functionality provided on the Platform.

By using the Website including but not limited while accessing or visiting or browsing the Website, you (“User/ or You”) indicate your acceptance to these terms of use and that You agree to abide by them. The terms of use constitute a legal agreement between You, as the user of the Website and us, the owner of the Website. If You do not agree to these Terms of Use, please cease or refrain from using this Website.

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Definition

“Buyer” shall include customer, or user who places an order and or avail the functionality of Humbee.
“Channel Partner” shall mean all participant in sale and trade of Products and shall include dealers, distributors, mason, retailers of Products.
“Products” shall mean all industrial products related listed on websites for carrying out Transactions.
“Seller” shall include sellers whose products and services are listed on the website.
“Transaction” shall mean sales, promotion, scheme promotion, facilitation of sales of Products, order aggregation, includes all other incidental activities related to Products on the Humbee.
“User” shall include every user who use, access the Platform or any other functionality provided on the Platform.

Information About Us

The Website is owned and operated by Twenty Point Nine Five Ventures Private Limited (“We/us/our”). We have been incorporated under the Companies Act, 2013 under CIN U52300UP2021PTC151058 having its registered office at 619-620, Tower B, Noida One, Sector 62, Noida (U.P.) India – 201309.

By registering with Humbee and accessing the Humbee, You are representing the following:

i. You are 18 years of age or older;
ii. You are capable of entering into a legally binding agreement; and
iii. You are not barred or otherwise legally prohibited from accessing or using the Humbee.

If You allow anyone to access website using your credentials, including any individual under 18 years of age or any person incapable of providing consent to contract, You will still be responsible for ensuring that such individuals comply with these terms of use. You will be responsible for all actions these individuals take and/or through your account. You also acknowledge that Humbee does not have the responsibility of ensuring that You meet the aforesaid eligibility requirements. All rights that are not expressly granted to You, are reserved under these terms of use.

About Humbee

Humbee is digital platform for facilitating ecommerce in area of Industrial Product, by providing solutions to participants in supply chains, avenues to generate demand for Products, collect the payments and facilitate fulfillment of orders. Humbee also facilitates sales of various industrial products by providing options such as sales management, scheme promotion, order aggregation, and facilitation of sales of Products. Humbee also conducts reward and recognition programs for participants and Channel Partners.

Your Account and Registration Obligations

If You use the Platform, You shall be responsible for maintaining the confidentiality of login credentials and Password; and You shall be solely responsible for all activities that occur under your log in. We shall not be responsible for any misuse of your login credentials. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, We shall have the right to suspend or terminate or block access of your membership on the Platform and refuse to provide You with any access to the Platform.

Your mobile phone number, identity proof, banking details, e-mail address, or any other details as may be relevant for accessing the function and features of the Website, will be collected on Platform. It is your responsibility to ensure that relevant details are accurately updated, so as to participate in various events, reward and recognition programs etc.

When You use the Platform or send emails or other data, or communication to us, You agree and understand that You are communicating with Us through electronic records, email or what’s up communication and You consent to receive communications via electronic records, what’s up communication from Us periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise, as We in our sole discretion deem appropriate.

Platform for Transaction and Communication

The Platform is a digital platform that facilitates Users to meet and carry out electronic commerce and/or interact each other in relation to Transactions. Humbee does not and cannot be a party to or control in any manner any Transaction between the Platform’s Users.

All commercial/contractual terms offered and agreed is between, participant of Platform, Buyers and Sellers alone.

You hereby acknowledge and undertakes that the Humbee is aggregator platform and conduit, between the Seller, Channel Partners, User, and other platform participants, to facilitate the Transaction using Humbee. You shall not dispute or default in fulfillment of the Transaction based on lack of availability of Products, credit worthiness of Channel Partners or platform participants or else; or for any other issue that may be prior or post the acceptance of Order on Humbee.

Humbee does not separately warrant, endorses or verify the information related to a Channel Partner inputted by Channel Partners on Humbee, nor shall the We, be responsible for matters related to supply, delivery, quality, quantity, of Product by the Seller to Channel Partners.

The Humbee does not assume any credit risk and shall not be liable in any manner to make good the losses caused by failure or inability of any Channel Partner or Participants to meet their financial obligations or warranties as agreed with the Seller pursuant to supply of Products. Further, We shall neither be liable to the Seller, nor shall the Seller or User have any recourse against us in relation to any disputes pertaining to credit dispute or quality of Products or otherwise in relation to which Transactions are undertaken on Humbee. Humbee does not assure or warrants as to specifics (such as quality, value, salability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform. Seller shall have to carry out necessary diligence and Humbee shall not entertain any complaint related to such matters.

Humbee shall not nor shall deem to be responsible for any non-performance or breach of any contract entered into between Buyers and Seller.

The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS.

Any Transaction price paid by Buyer in case of such cancellation by Seller, shall be refunded to the Buyer, by the Seller.

Disclaimer and Release

In the event of Pricing on any Products as is reflected on the Platform, is incorrectly published due to some technical issue, typographical error, or for any other reasons , in such an event Seller may cancel such orders.

You hereby release Humbee or and/or any of its officers and representatives from any cost, damages, liabilities or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that You may have in this regard under any applicable law, to the maximum extent permitted in laws. Notwithstanding its reasonable efforts in that behalf, Humbee cannot take responsibility or control the information provided by other Users, which is made available on the Platform. Your discretion is advised to take due care and in case You find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive, please inform Humbee. Humbee may at its sole discretion take necessary remedial action.

Undertaking from User of the Website: Use of the Platform

You agree, undertake and confirm that Your use of Platform shall be strictly governed by the following binding principles :-

1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:

(a) belongs to another person and to which You does not have any right;
(b) is defamatory, obscene, pornographic, invasive of another’s privacy, including bodily privacy, insulting harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
(c) is harmful to child;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
(g) impersonates another person;
(h) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
(i) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
(j) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;

You shall not attempt to alter any content or gain unauthorized access to any portion or feature of the Platform, reverse engineer or access any server, computer, network, or deploy any other systems or networks, not compatible with Website, by any other illegal means. You shall also not to use any device, or software to interfere or attempt to interfere with the proper working of the Platform.

You shall at all times ensure full compliance with the applicable provisions laws and including the provisions of any applicable exchange control laws or regulations in force, including indirect taxes, regulation. You hereby agree and acknowledge that if and when required by applicable law, Humbee, may deduct tax at source from any amount or benefits payable to you in cash or kind in compliance with applicable laws.

You may have to submit PAN details or other identification proof before availing any reward, travel benefits and cashback or other winnings at time of registration on Website.

We reserve the right, but has no obligation, to monitor the contents hosted on the Platform. Humbee shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use.

However, in no event shall Humbee assume or have any responsibility or liability for any Content posted.

To serve User effectively, Humbee may appoint third party validation tools to verify the correctness of data inputted including pan card details, identity details, bank details provided by You at time of registration or otherwise, or while using Humbee, You, expressly consent to such verification and subsequent use by the Humbee. We may also share these details with our partners to service You efficiently.

You further authorise us to contact and call you through various means of communication including telecommunication.

Payment Collection Facility for Buyers

You, as a Buyer, understand that Humbee is merely aggregating orders and forwarding the same to the Sellers for fulfilment.

To facilitate Transaction, Humbee may provide payment related options to Buyer. Buyer and Sellers’ both acknowledges that upon initiating a Transaction, each of You is entering into a legally binding and enforceable supply contract. Each of You shall fulfil your respective obligations. Buyer shall pay the Transaction Price through its Bank using appropriate payment mode.

In case you have any grievance against any of delivery, quality or fulfilment, Buyer may reach out to their Seller, else to us.

Limitation of Liability

In no event shall Humbee be liable for any special, incidental, indirect or consequential damages of any kind in connection with these Terms of Use, even if User has been Informed in advance of the possibility of such damages.

You shall indemnify and hold harmless Humbee, Twenty Point Nine Five Ventures Private Limited, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including cost for reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these conditions of use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.

Seller is permitted to list item(s) for sale on the Platform in accordance with the policies which are incorporated by way of reference in this Terms of Use or available on website. You must ensure that the listed items do not violate any Terms of Use condition. The listing description of the item must not be misleading and must conform to actual nature of the product.

Humbee shall not be liable for any error or delay in, or omissions of: (a) any such data, information or messages, uploaded on Humbee using User’s Login or (b) the transmission or delivery of any such data, information or messages through User Login; or (c) cancellation or non-execution of any Transaction related to the Seller on Humbee by Channel Partners or vice-versa, due to any act or omission by the Seller or otherwise, or due to any Force Majeure event or any fraud committed by any person whether on Humbee or otherwise or any cause beyond the reasonable control of the Humbee.

The Humbee and the Services are provided on “As-Is.” basis; and as a user of the services, User can access Humbee to help it avail functionality of platform at its own risk and We or our affiliates waive and disclaim, to the extent permitted by law: (1) any representations, warranties, declarations or guarantees regarding this agreement, the services or the transactions contemplated hereby, including 5 any implied warranties, declarations or guarantees of merchantability, fitness for a particular purpose or non-infringement; (2) implied warranties arising out of course of dealing, course of performance or usage of trade; and (3) any obligation, liability, right, claim or remedy in tort, whether or not arising from our negligence. Humbee do not warrant that the functions contained in the Humbee, or the Services will meet your full requirements or be available, timely, secure, uninterrupted or error free, and Humbee will not be liable for any service interruptions, including, but not limited to system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of any transactions. Humbee however shall attempt to restore the Services as soon as possible, in case of disruption.

That as We are not involved in Transactions between Channel Partners and Seller or other participant dealings, if a dispute arises between one or more participants, each of them release us or Humbee (and its agents, affiliates and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Suspension

Notwithstanding anything contained in this Terms of Use, your access to Humbee may be suspended in case you found in our sole opinion, in breach of any terms or condition of use.

Disputes & Arbitration

In consideration for Humbee granting you access to and use of the Humbee, you agree that in case of any dispute with respect to any Transaction, between You and any partner or other Users, Humbee shall not be a party to any such disputes. Humbee may at its own discretion however, without having any obligation to do so, may assist in resolving the disputes between the Users.

Except as otherwise set forth in these Terms of Use, these Terms of Use shall be exclusively governed by and construed in accordance with the laws of India. Any dispute, conflict, claims or controversy arising out of or broadly in connection with or relating to the Humbee or use of Humbee or these Terms, including those relating to its validity, its construction or its enforceability, if initiated by the User, at first instance be raised by the user to Grievance Officer, Humbee. Details are provided at end of the Terms of Use.

If such Dispute has not been settled within sixty (60) days after the User reaches out to the email IDs, above, then such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 (“Act”). Provided however when Humbee raises any dispute, Humbee may directly initiate arbitration in accordance with this clause. The Dispute shall be resolved by one (1) arbitrator to be appointed by Humbee. The place the arbitration shall be New Delhi, India. The language of the arbitration shall be English. The existence and content of the arbitration proceedings, including documents and briefs submitted by the parties, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

Governing Law and Jurisdiction

The use, access or any dispute under these terms including pertaining to transactions with the Humbee App, and our relationship shall be governed by the laws of India, without regard to conflict of law principles. You agree that subject to the Disputes & Arbitration Clause above, all claims, differences and disputes which we may have shall be subject to the exclusive jurisdiction of the competent courts located in New Delhi, India.

Use and Protection of Intellectual Property Rights

Humbee App, Website, Humbee logos are protected by copyright, trademarks, patents, trade secret and/or other intellectual property laws. No information, content or material from the Humbee may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission. You are hereby given a limited licence to use the Humbee, subject to your agreement of these Terms of Use.

Assignment

You shall not transfer or assign any of your rights and obligations arising from these Terms of Use. 6 You agree and acknowledge that we may assign or transfer its rights and obligations under these Terms of Use in whole or in part, to (i) any other Group Entity; (ii) an acquirer of Humbee or any Humbee Group Entity or their respective equity interest, business or assets; or (iii) a successor entity resulting from any corporate action including mergers or demergers.

General

No joint venture, partnership, employment or agency relationship exists between you and Humbee, as consequence of the contract contained in these Terms of Use. If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms of Use but the legality, validity and enforceability of the other provisions in these Terms of Use shall not be affected.

In that event, Humbee shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms of Use. These Terms of Use and other polices (displayed on website) constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.

Updation

We may amend these Terms of Use at any time by posting an updated version on the Humbee Website. The updated version of these Terms of Use shall supersede the previous version of the Terms of Use and take effect immediately upon posting. You have the right to opt-out of agreeing to these Terms of Use or any future updated version of the Terms of Use, by ceasing to use the Humbee. However, your continued use of the Humbee from the launch of any updated Terms of Use would be deemed as acceptance of such updated Terms of Use including any modification thereof. We recommend you keep checking the Terms of Use often to be familiar with any updates and changes.

Contact Us

If you have any concerns, complaints or grievances about the terms or other users or their manner of use of the application, infringe or violate your rights or any complaints about how we handle your personal information, please feel free to contact customer.

Mr. Janardhan Shamra
Grievance Office:
619-620, Tower B, Noida One, Sector 62,
Noida (U.P.) India – 201309
Email: care@13.201.58.132
Phone: +91 99902 02200