CONDITIONS OF USE
1.The website ("[Homegrounds.coffee]") and, or, mobile application (“website”) is operated by Homegrounds Ventures Private Limited ("Homegrounds" or "us" or "we" or "our"), having its registered office located 11th Road Khar West, Mumbai India 400052. Please read the Conditions of Use document carefully before using the Homegrounds.coffee website/ mobile application. By using the Homegrounds.coffee website/ mobile application, you signify your agreement to be bound by Homegrounds's Conditions of Use. Homegrounds is a data controller of personal information collected and processed through the use of our website/ mobile application. As described in our Privacy Notice, we share information with third-party service providers. For example, we use third-party service providers to fulfil orders for products or services, and to deliver packages. For any further details on our security practices please read our Privacy Notice. For any queries or issues relating to, you can contact us by emailing hello@homegrounds.coffee.
2.Please read these conditions carefully before using the Homegrounds Services. By using the Homegrounds Services, you signify your agreement to be bound by these conditions.
In addition, when you use any current or future Homegrounds service (eg. marketplace or mobile application) ("Homegrounds Service"), you will also be subject to the terms, guidelines and conditions applicable to that Homegrounds Service. ("Terms"). If these Conditions of Use are inconsistent with such Terms, the Terms will control.
These "Conditions of Use" constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures. These Conditions of Use comprise of:
a.Conditions Relating to Your Use of Homegrounds Service;
b.Notice and Procedure for Making Claims of Infringement; and
c.Notice and Procedure for Notifying Homegrounds of any Objectionable Content.
3.Conditions Relating to Your Use of the website
a.Your Account
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and, or, mobile device to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the mobile/web profile page. You agree and acknowledge that you will use your account on the website to purchase products only for your personal use and not for business purposes. Homegrounds reserves the right to refuse access to the website, mobile application, terminate accounts, remove or edit content at any time without notice to you.
b.Privacy
Please review our www.homegrounds.coffee/privacy, which also governs your visit and, or, use of the website, to understand our practices. The personal information / data provided to us by you during the course of usage of the Homegrounds Service will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website.
c.E-Platform for Communication
You agree, understand and acknowledge that the website is an online platform that enables you to purchase products listed on the website at the price indicated therein at any time from any location. You further agree and acknowledge that Homegrounds is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on Homegrounds. The contract of sale can be found www.homegrounds.coffee/sale-condition. Homegrounds currently does not charge you any fees for your use of the website or for purchasing products / services on the website. Homegrounds may charge you, with prior intimation, for facilitating your purchase and providing ancillary services like packaging and delivery of products purchased on the website.
d.Access to the website
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
e.License for website access
Subject to your compliance with these Conditions of Use and payment of applicable fees, if any, Homegrounds grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Homegrounds and, or, its affiliates, as may be applicable. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Homegrounds and / or its affiliates, as may be applicable.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Homegrounds and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Homegrounds's or its affiliates' names or trademarks without the express written consent of Homegrounds and, or, its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by Homegrounds and, or, its affiliates, as applicable.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the website as long as the link does not portray Homegrounds, their affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Homegrounds logo or other proprietary graphic or trademark as part of the link without express written consent of Homegrounds, and, or, its affiliates, as may be applicable.
f.Your conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not Homegrounds, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following:
for fraudulent purposes, or in connection with a criminal offense or other unlawful activity;
to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, insulting or harassing, blasphemous, defamatory, libelous, obscene, pornographic, paedophilic, or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, patent, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, defence, security or sovereignty of India or 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; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam; or is patently false and untrue; or
to cause annoyance, inconvenience or needless anxiety.
g.Reviews, comments, communication and other content
Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. Homegrounds reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of Homegrounds violates these Conditions of Use and, or terminate your permission to access or use their website.
If you do post content or submit material, and unless we indicate otherwise, you
grant Homegrounds and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
Homegrounds and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Homegrounds, including the execution of deeds and documents, at its request.
You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website; that, as at the date that the content or material is submitted to Homegrounds: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Homegrounds policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify Homegrounds and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
h.Claims against Objectionable Content
You can refer to the product detail page on the website for checking any product details provided by the seller regarding the following:
the total price in single figure of any good or service, along with the breakup price for the good or service, showing all the compulsory and voluntary charges such as delivery charges, postage and handling charges, conveyance charges and the applicable tax, as applicable. These details are available on the invoice issued to you.
mandatory notices and information provided by applicable laws, and the expiry date of the good being offered for sale, where applicable;
goods and services offered for sale by the seller including country of origin which are necessary for enabling the consumer to make an informed decision at the pre-purchase stage;
importer and the guarantees related to the authenticity or genuineness of the imported products; and
Because Homegrounds lists several products for sale offered by sellers on the website and hosts many thousands of comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, Homegrounds operates on a "notice and takedown" basis. If you believe that any content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, insulting or harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic, invasive of another’s privacy or menacing; ethnically objectionable, disparaging; or in breach of a third party’s confidential, proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, defence, security or sovereignty of India or 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 in insulting other nation; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; or is patently false and untrue ("Objectionable Content"), please notify us immediately by following our Notice and Procedure for Making Claims of Right Infringements. Once this procedure has been followed, Homegrounds will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.
i.Copyright, Author’s Rights and Database Rights
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Homegrounds, its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws. The compilation of all content on this website is the exclusive property of Homegrounds and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this website is the property of Homegrounds, its affiliates or its software suppliers and is protected by Indian and international copyright and author' rights laws.
You may not systematically extract/ or re-utilise parts of the contents of the website without Homegrounds and, or, its affiliate's (as may be applicable) express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Homegrounds and, or, its affiliate's (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg. prices and product listings) parts of this website without Homegrounds and, or, its affiliate's (as may be applicable) express written consent.
j.Intellectual Property Claims
Homegrounds and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow our Notice and Procedure for Making Claims of Right Infringements.
k.Trademarks
The Homegrounds logo and other marks indicated on our website are trademarks or registered trademarks of Homegrounds Ventures Private Limited or its subsidiaries, in the relevant jurisdiction. Homegrounds's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Homegrounds. Homegrounds's trademarks and trade dress may not be used in connection with any product or service that is not Homegrounds's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Homegrounds. All other trademarks not owned by Homegrounds that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Homegrounds.
l.Disclaimer
You acknowledge and undertake that you are accessing the services on the website, and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. You further acknowledge and undertake that you will use the website to order products only for your personal use and not for business purposes. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with Homegrounds nor shall Homegrounds have any obligations or liabilities in respect of any transactions on the website.
m.Indemnity and Release
You shall indemnify and hold harmless Homegrounds, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including 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.
You hereby expressly release Homegrounds and, or, its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
n.Children
Use of Homegrounds is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use Homegrounds only with the involvement of a parent or guardian.
o.Other Businesses
Parties other than Homegrounds and its affiliates may operate stores, provide services, or sell product lines on the website. For example, businesses and individuals offer products via Marketplace. In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. Homegrounds does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and other conditions of use.
p.Communications
When you visit the website, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us if you haven’t already provided one while creating an account with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication including push notifications on your phone / tablet / other mobile device. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your order placed on the website.
q.Losses
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.
r.Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
s.Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
t.Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
u.Governing law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Mumbai.
v.Customer Complaint Details
The details pertaining to each customer complaint lodged (including the status of the complaint and tracking details) are provided in the return e-mails which are sent back to the customers.
w.Homegrounds Software Terms
In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Homegrounds Services (“Homegrounds Software”).
You may use Homegrounds Software solely for purposes of enabling you to use and enjoy the Homegrounds Services as provided by Homegrounds, and as permitted by the Conditions of Use and these Homegrounds Software Terms. You may not incorporate any portion of the Homegrounds Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Homegrounds Software or otherwise assign any rights to the Homegrounds Software in whole or in part. You may not use the Homegrounds Software for any illegal purpose. We may cease providing any Homegrounds Software and we may terminate your right to use any Homegrounds Software at any time. Your rights to use the Homegrounds Software will automatically terminate without notice from us if you fail to comply with any of these Homegrounds Software Terms and the Conditions of Use. Additional third-party terms contained within or distributed with certain Homegrounds Software that are specifically identified in related documentation may apply to that Homegrounds Software (or software incorporated with the Homegrounds Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Homegrounds Service is the property of Homegrounds and, or, its affiliates or its software suppliers and protected by laws of India including but not limited to any other applicable copyright laws.
x.Use of Third-Party Services
When you use the Homegrounds Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties.
y.No Reverse Engineering
You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Homegrounds Software, whether in whole or in part, or create any derivative works from or of the Homegrounds Software.
z.Updates
In order to keep the Homegrounds Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
Notice and Procedure for Making Infringement Claims
1.If you believe that your rights are being infringed, you may fill out and submit the Notice Form. We respond expeditiously to rights owners and their agents who complete and submit the Notice Form to communicate concerns about any alleged infringement.
2.Upon receipt of a Notice Form we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, in submitting a Notice Form, you grant to Homegrounds the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Homegrounds for all claims brought by a third party against Homegrounds arising out of or in connection with the submission of a Notice Form.
3.Note on Third Party Seller Listings: Please keep in mind that Third-Party Seller listings are merely hosted on Homegrounds website and mobile application and are posted solely at the direction of Third-Party Sellers who may be contacted via their "Seller Information" page, accessible from any of their listings.
4.Important Warning: giving false, misleading or inaccurate information in the Notice Form to Homegrounds may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.
5.Notice Form:
If you believe that your rights are being violated by an item or information on the Homegrounds website and, or, mobile application, you may fill out and submit the Notice Form (below). This signed form can be sent via E-mail PDF to the Grievance Officer:
Name: Homegrounds Ventures Private Limited – Support Team e-mail PDF: hello@homegrounds.coffee Subject Line: Claim of Infringement
(We will accept a signed PDF via e-mail with the subject line "Claim of Infringement" or by way of registered post to the aforementioned address, unless by prior agreement we have agreed with you for an alternative receipt mechanism).
I, [INSERT FULL NAME AND TITLE ] of [COMPANY NAME, IF APPLICABLE] , state as follows:
1.Contact information:
(a) Your and/ or your company's name, address, telephone number and contact email address; (b)The contact email address and/or name which we will provide to Third Party Sellers (if relevant) so they may contact you to resolve any issues regarding your notification to us. If you do not provide a separate contact email, you authorize us to use the contact information you provide in (1)(a). 2.Listing Details and Allegation of Infringed Right:
(a) A detailed description of where the information that you claim is infringing your rights is located on the site; where regarding a Third-Party Seller listing please also provide the name used to identify the Seller on the site (look for "dispatched and sold by _____" or "by ______" in the listing). (b) A description of your intellectual property right(s) that you claim has/have been infringed (e.g. copyright, trademark or patent) by the information of/for the relevant listing. [REPEAT (2)(a-b) as necessary for multiple items, see example Notice Form here.]
3.Include the following statement: "I have a good faith belief that the portion of the listing(s) described above violate(s) the intellectual property rights owned by the intellectual property owner or its agent, nor is such use otherwise permissible under law."
4.Include the following statement: "I represent that the information in this notification is true and correct and that I am the intellectual property owner or authorised to act on behalf of the intellectual property owner for the rights described above."
5.Sign the Notice Form.