HEARTINZ TECHNOLOGIES PVT LTD 111 ,R G ST, Coimbatore, TamilNadu, India - 641 001

HEARTINZ TECHNOLOGIES PVT LTD | June 29, 2023, 7 p.m.

HEARTINZ TECHNOLOGIES PVT LTD

111 ,R G ST, Coimbatore, TamilNadu, India - 641 001

Mail us : support@heartinz.com

Call us : +91 770 834 3523

Heartinz Technologies Private Limited is an Internet Software Development and Technology Company Founded with the Vision to Revolutionize the Internet world and the lives of common people better.

We believe the future is in the internet and IoT applications.

About this app

NetStore an Online Ecommerce Store Builder and business catalogue (catalog) Maker helps you launch your online store in 15 sec. You can make beautiful product catalogues (catalogs) on your phone and share them with your customers easily. NetStore allows you to share your digital catalogues (catalogs) on different social media apps such as WhatsApp Business, WhatsApp, Facebook, Instagram etc.

With NetStore you can Build your Ecommerce Store and Launch it instantly.

BUILD YOUR OWN ONLINE STORE IN 10 sec

HearTinz NetStore Getting Started With NetStore

1.Install NetStore App

Google Play

2.Add Products

Categories

Accept Online Payments

Your Customers can Pay You with 130+ Payment Options

App Is Available For Free On Google Play

PRIVACY POLICY

Please read this privacy policy carefully by accessing or using the website/mobile application. You agree to be bound by the terms described herein. If you do not agree to all of these terms, please do not use the website/mobile application. Using the website/mobile application will be considered as a deemed acceptance of this policy.

Content & Purpose

This privacy policy (“Privacy Policy”) applies to your use of the domain name www.heartinz.com and www.heartinz.in and www.heartinz.com , an internet based portal, and our mobile application, owned/operated by Heartinz Technologies Private Limited, a company duly incorporated under the provisions of the Indian Companies Act (hereinafter, referred to as “Heartinz” or “We” or “Our” or “Us” or “Company”). The domain name and the mobile application are collectively referred to as “Website”.

The Website is a digital platform that inter-alia enables the enterprises to connect to its customers by way of integration of social media platforms, in store ordering & billing system and bank/payment gateways (hereinafter referred to as “Services”). The Services would be made available to such persons who have agreed to become buyers on the Website after obtaining due registration/accepting necessary terms and conditions, in accordance with the procedure as determined by us, from time to time (referred to as “You” or “Your” or “Yourself” or “User”, which terms shall also include persons who are accessing the Website merely as visitors).

We have implemented reasonable security practices and procedures that are commensurate with the information assets being protected and with the nature of our business. While we try our best to provide security that is commensurate with the industry standards, because of the inherent vulnerabilities of the internet, we cannot ensure or warrant complete security of all information that is being transmitted to us by you.

For the purpose of providing the Services and for other purposes identified in this Privacy Policy, we will be required to collect and host certain data and information of the Users. We are committed to protecting the Personal Information ( as defined below ) of the Users and take all reasonable precautions for maintaining confidentiality of the User’s Personal Information. This Privacy Policy has been designed and developed to help you understand the following:

The type of Personal Information (including Sensitive Personal Data or Information) that we collect from the Users;

The purpose of collection, means and modes of usage of such Personal Information by the Company;

How and to whom the Company will disclose such information;

How the Company will protect the Personal Information including Sensitive Personal Data or Information that is collected from the Users; and

How Users may access and/or modify their Personal Information.

This Privacy Policy shall apply to the use of the Website by all Users. Accordingly, a condition of each User's use of and access to the Website and to the other services provided by the Company to Users is their acceptance of this Privacy policy. Any User is required to read and understand the provisions set out herein prior to submitting any Sensitive Personal Data or Information to the Company, failing which they are required to leave the Website immediately.

This Privacy Policy is published in compliance of the (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.

Personal Information

“Personal Information” means any information that relates to a natural person, which, either directly or indirectly, in combination with other information available with the Company, is capable of identifying the person concerned.

“Sensitive Personal Data or Information” means Personal Information of any individual relating to password; financial information such as bank account or credit card or debit card or other payment instrument details; physical, physiological and mental health condition; sexual orientation; medical records and history; biometric information; any detail relating to the above as provided to or received by the Company for processing or storage. However, any data/information relating to an individual that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law shall not qualify as Sensitive Personal Data or Information.

Types of Personal Information collected by the Company

A User may have limited access to the Website and utilize some of the Services provided by the Company without creating an account on the Website. Unregistered Users can access some of the information and details available on the Website. In order to have access to all the features and benefits on our Website, a User may be required to first create an account on our Website. As part of the registration process, we may collect the following categories of Personal Information from the Users (hereinafter collectively referred to as “User Information”):

Name;

User ID;

Email address;

Address (including country and ZIP/postal code);

Gender;

Age;

Phone Number;

Password chosen by the User;

Valid financial account information; and

Other details as the User may volunteer.

In order to avail the Services, the Users may be required to upload/share certain documents, on the Website and/or e-mail the same to the Company in accordance with the Website’s terms of use (“Terms of Use”) and such documents will be stored/disclosed by the Company only in the manner specified in this Privacy Policy and the Terms of Use. The term “User Information” shall also include any such documents uploaded or otherwise provided by Users. We may keep records of telephone calls received and made for making inquiries, orders, or other purposes for the purpose of administration of Services.

Internet Use

We may also receive and/or hold information about the User’s browsing history including the URL of the site that the User visited prior to visiting the website as well as the Internet Protocol (IP) address of each User's computer (or the proxy server a User used to access the World Wide Web), User's computer operating system and type of web browser the User is using as well as the name of User's ISP. The Website uses temporary cookies to store certain data (that is not Sensitive Personal Data or Information) that is used by us for the technical administration of the Website, research and development, and for User administration.

We do not knowingly collect Personal Information from children.

We may in future include other optional requests for information from the User including through user surveys in order to help us customize the Website to deliver personalized information to the User and for other purposes are mentioned herein. Such information may also be collected in the course of contests conducted by us. Any such additional Personal Information will also be processed in accordance with this Privacy Policy.

Purposes for which the Company may use the Information

We will retain User Information only to the extent it is necessary to provide Services to the Users. The information, which we collect from you, may be utilized for various business and/or regulatory purposes including for the following purposes:

Registration of the User on the Website;

Processing the User’s orders/requests and provision of Services (including provision of safe Services);

Completing transactions with Users effectively and billing for the products/Services provided;

Technical administration and customization of Website;

Ensuring that the Website content is presented to the Users in an effective manner;

Delivery of personalized information and target advertisements to the User;

Improvement of Services, features and functionality of the Website;

Research and development and for User administration (including conducting user surveys);

Non-personally identifiable information, exclusively owned by the Company may be used in an aggregated or non-personally identifiable form for internal research, statistical analysis and business intelligence purposes including those for the purposes of determining the number of visitors and transactional details, and we may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates;

Dealing with requests, enquiries, complaints or disputes and other customer care related activities including those arising out of the Users’ request of the Services and all other general administrative and business purposes;

Communicate any changes in our Services or this Privacy Policy or the Terms of Use to the Users;

Verification of identity of Users and perform checks to prevent frauds; and

Investigating, enforcing, resolving disputes and applying our Terms of Use and Privacy Policy, either ourselves or through third party service providers.

Disclosure and Transfer of User’s Personal Information

We may need to disclose/transfer User’s Personal Information to the following third parties for the purposes mentioned in this Privacy Policy and the Terms of Use:

Government institutions/authorities to the extent required:

Under the laws, rules, and regulations and/or under orders of any relevant judicial or quasi-judicial authority;

To protect and defend the rights or property of the Company;

To fight fraud and credit risk;

To enforce the Company's Terms of Use (to which this Privacy Policy is also a part); or

When the Company, in its sole discretion, deems it necessary in order to protect its rights or the rights of others.

If otherwise required by an order under any law for the time being in force including in response to enquiries by Government agencies for the purpose of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution, and punishment of offences.

The Company makes all User Information accessible to its employees and data processors only on a need-to-know basis. All the employees and data processors, who have access to, and are associated with the processing of User Information, are obliged to respect its confidentiality.

Non-personally identifiable information may be disclosed to third party ad servers, ad agencies, technology vendors and research firms to serve advertisements to the Users. The Company may also share its aggregate findings (not specific information) based on information relating to the User’s internet use to prospective investors, strategic partners, sponsors and others in order to help growth of Company's business.

We may also disclose or transfer the User Information, to another third party as part of reorganization or a sale of the assets or business of the Company. Any third party to which the Company transfers or sells its assets will have the right to continue to use the Personal Information and/or other information that a User provides to us.

Links to Third-Party

The links to third-party advertisements, third party websites or any third party electronic communication services (referred to as “Third Party Links”) may be provided on the Website which are operated by third parties and are not controlled by, or affiliated to, or associated with the Company unless expressly specified on the Website.

If you access any such Third Party Links, we request you review the website’s privacy policy. We are not responsible for the policies or practices of Third Party Links.

Security Practices and Procedures

The Company adopts reasonable security practices and procedures to include technical, operational, managerial and physical security control measures in order to protect the Personal Information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.

The Company takes adequate steps to ensure that third parties to whom the Users’ Sensitive Personal Data or Information may be transferred adopt reasonable level of security practices and procedures to ensure security of Personal Information.

You hereby acknowledge that the Company is not responsible for any intercepted information sent via the internet, and you hereby release us from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner.

User's rights in relation to their personal information collected by the Company

All the information provided to the Company by a User, including Sensitive Personal Data or Information, is voluntary. User has the right to withdraw his/her/its consent at any time, in accordance with the terms of this Privacy Policy and the Terms of Use, but please note that withdrawal of consent will not be retroactive.

Users can access, modify, correct and delete the Personal Information provided by them which has been voluntarily given by the User and collected by the Company in accordance with this Privacy Policy and Terms of Use. However, if the User updates his/her information, the Company may keep a copy of the information which User originally provided to the Company in its archives for User documented herein. In case the User seeks to update or correct, his/her Personal Information, the User may exercise these rights by emailing the Company at support@heartinz.com and communicate the change(s) for updating the Company’s records.

In case the User does not provide his/her information or consent for usage of Personal Information or subsequently withdraws his/her consent for usage of the Personal Information so collected, the Company reserves the right to discontinue the services for which the said information was sought.

Complaints and Grievance Redressal

Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature.

Maria Kiran

HearTinz Technologies Private Limited,

Corporate Office:

111, R G ST, Coimbatore, TamilNadu – 641001, India

Email id: support@heartinz.com

TERMS & CONDITION

When we say “Heartinz,” “our,” “we,” or “us,” we’re talking about Heartinz Technologies Private Limited, having an office at address 111,R G ST, Coimbatore, TamilNadu , India - 641001.

This Privacy Policy (“Privacy Policy”) applies to all of our apps, services, features, software, and websites (together, “Services”) unless specified otherwise.

1. Acceptance of Terms and Conditions and Amendments

Each time you use or cause access to Heartinz you agree to be bound by the Terms and Conditions listed below, as amended from time to time with or without notice. In addition, if you are using a particular service on or through Heartinz Technologies Private Limited, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms and Conditions. Please see our privacy policy, which is incorporated into these Terms and Conditions by reference. Subject to these terms and conditions we grant to you, strictly for your use pursuant to these terms and conditions, a non-exclusive, non-transferable and non-sublicensable license to use the service solely for your own use and in accordance with our terms and conditions.

Your use of the Heartinz and services and tools are governed by the following terms and conditions ( "Terms of Use" ) as applicable to the Heartinz including the applicable policies which are incorporated herein by way of reference. If You transact on Heartinz , You shall be subject to the policies that are applicable to Heartinz for such transaction. By mere use of Heartinz , You shall be contracting with Heartinz Technologies Private Limited and these terms and conditions including the policies constitute Your binding obligations, with Heartinz Technologies Private Limited.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on Heartinz by providing Registration Data while registering on Heartinz as a Registered User using the computer systems. Heartinz Technologies Private Limited may allow the User to surf Heartinz or make purchases without registering on Heartinz.

When You use any of the services provided by Us through Heartinz , including but not limited to, (e.g. Product Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of Heartinz following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use Heartinz.

1.a) ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING .

By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Heartinz Technologies Private Limited Terms and Conditions as amended from time to time.

When You use Heartinz or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required, whether for our promotional activities or not . We may communicate with You by email or by such other mode of communication, electronic or otherwise.

You hereby agree to not copy, publish, alter or delete any information provided in Heartinz.

From Time to Time we may also use your information to contact you for market research purposes.We may contact you by email, phone,fax,Text Message or mail. We may use the information to customize the Websites/app according to your interests.

Heartinz Technologies Private Limited owns full control of every user who has successfully registered under Heartinz , and we may temporarily block or permanently block any user for any reason without any explanation of reason to anyone, including the individual who registered his account with Heartinz.

Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the explicit permission of Heartinz. All information displayed, transmitted or carried on Heartinz is protected by copyright and other intellectual property laws. All rights, including copyright, in this website are owned by or licensed to Heartinz. This site is designed, updated and maintained independently by Heartinz. The content is owned by Heartinz. You may not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available in the website.

Ownership of rights

The content is owned by Heartinz. You may not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available in the website.

Disclaimer

Information, services, names, pictures, advertisements, images and contents are provided “as is” on this web site. Heartinz Private Limited expressly disclaims all and any kind of warranties, whether express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Parties using the information provided on this web site may do so after satisfying themselves that the same suits their individual requirements.

Heartinz uses information voluntarily provided by users to optimise their experience on our website, whether to provide personalised elements on the site, or to prepare a better future content base in the interests of our users. However, the information contained on this web site is not intended to be, and should not be treated as legal or professional advice. “Heartinz” is a registered trademark. All other trademarks, company names or logos, and product names referred to in this web site remain the property of their respective owners.

In no event shall Heartinz be responsible to any person or entity for any loss or damage, whether direct, indirect, incidental, consequential or otherwise, arising out of access or use or dissemination of information contained on this web site, including, but not limited to, loss of profits, data, or damage to the user’s computer systems. The information, contents, names, images, etc. may be changed, updated, modified and/or improved from time to time without any notice.

Heartinz shall make all reasonable attempts to eliminate and exclude viruses from this web site. However, Heartinz does not ensure or accept any liability in respect thereof. Parties using this web site may take suitable precautions before downloading information.

This Disclaimer Clause and any claims arising out of the use of the information from this web site shall be governed by the laws of India and only the Courts in Delhi, and no other Courts, shall have jurisdiction over the same. By accessing this web site, the user accepts this.

Communication

When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Website feedback, user comments and user generated content

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Heartinz.in on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the “Comments”) shall be and remain Heartinz.in property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Heartinz.in of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Heartinz.in is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of ‘spam’. Heartinz.in does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Website. You grant Heartinz.in the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Heartinz.in and its affiliates for all claims resulting from any Comments you submit. Heartinz.in and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

The Service Provider will use the customer information as shared by the merchant to update and inform the customer through sms, whatsapp and/or email regarding the delivery status of the product and obtain feedback from the customer regarding the said service to improve customer experience with the service provider.

The said information will be used for the purpose of updating the customer with the delivery status of the product and improving our service for the customer.

Merchant's Terms & Conditions

Heartinz Private Limited (“Heartinz” or “we” or “our”) is a private limited company incorporated under the provisions of Companies Act, 2013.

Heartinz is engaged in the business of providing digital solutions through web/QR/WhatsApp based digital platform(s) (“Heartinz Platform”) which enable the merchants to connect to their customers inter alia by way of integration of social media platforms, in store ordering & billing system, bank/payment gateways and delivery partners (“Heartinz Services”).

Heartinz is a B2B and B2C company providing technology solutions through the Heartinz Platform, to various business(es) and to the end customers as well. It is hereby clarified that Heartinz is only a technology provider/intermediary/e-commerce facilitator and that Heartinz is not performing any activity/job or providing services which may tantamount to it being a seller, retailer, stockist and/or distributor.

Heartinz has developed an exclusive URL (“Heartinz URL”) for each of the merchant listed/registered with Heartinz (“Merchant” or “you” or “your'') in order to provide Heartinz Services to the customers of the Merchant / user of the Heartinz URL (“Customer”). Further, Heartinz has developed a mobile application namely ‘Heartinz NetStore’ (“Heartinz Mobile App”) for assisting the Merchant(s) inter-alia with respect to registration process with Heartinz and processing of Customer’s orders.

These terms and conditions (“T&Cs'') shall govern use of the Heartinz URL and Heartinz Mobile App (together referred as the “Heartinz Applications”) by the Merchant; accordingly, please read these T&Cs carefully before accessing or using the Heartinz Applications. Merchants are also advised to read the Customer's Terms & Conditions before accessing the Heartinz Applications. If you do not agree to these T&Cs and/or Customer's Terms & Conditions, you shall not use the Heartinz Applications and/or register yourself as a Merchant. By using the Heartinz Applications, you signify your unconditional acceptance to these T&Cs and other Heartinz policies (as framed by Heartinz from time to time).

Registration & Information

All Merchants shall register on the Heartinz Mobile App for offering/selling their products on the Heartinz URL. Registration includes (but is not limited to) completing the on-boarding process, providing necessary KYC documents and linking your bank account.

Merchant shall always provide true, accurate, valid, correct, complete and up to date information on the Heartinz Applications. Such information shall include (and not be limited to) pricing, inventory, menu, customer data, inputs, bites, discount, taxes and other information as requested by Heartinz from time to time.

Merchant shall at all times: (a) strictly comply with all applicable laws, now or hereafter in effect, relating to its performance of these T&Cs; (b) pay all fees and other charges required by such applicable law; and (c) obtain and maintain in full force and effect all licenses, permits, authorizations, registrations and qualification from any authority to the extent necessary to perform its obligations hereunder.

Merchant shall be solely liable for quality, efficiency, availability and merchantability of its products and services. Further, merchants shall not offer, sell or deliver any products or services through the Heartinz Applications, which are illegal, banned, restricted or which are not in compliance with applicable laws.

Merchants shall solely be responsible for payment of all applicable levies, duties, taxes and alike charges in relation to the products and services. This includes and is not limited to payment of GST.

In the event Heartinz believes/notices that the Merchant is involved in any fraudulent activity/transaction or in any activity which is in breach of applicable law, these T&Cs or any other policy of Heartinz, then Heartinz would inter-alia have the right to withhold the amounts to be received by the Merchant from its Customer(s) and/or suspend your account till the resolution of the matter/dispute.

Ordering

Heartinz Applications enable the Merchants to offer, sell and take orders for their products from the Customers (“Order”), by providing various details of their products.

Self pick-up / Delivery

Customers shall have the option of self pick-up of the Orders from the Merchant’s store, or getting the Order delivered to their address provided by them on the Heartinz URL.

Please note that delivery of the Orders shall be done by the Merchant himself (or through a third party), hence the Merchant shall be solely liable and responsible in relation to delivery of the Orders to the Customers.

Heartinz does not provide delivery services, hence shall not be liable and responsible in relation to the delivery of the Orders to the Customers.

All disputes in relation to the delivery of Orders shall be directly settled by the Merchant with the Customers, without the intervention of Heartinz.

Pricing

Merchants shall ensure that the products listed on the Heartinz URL are sold at MRP, unless otherwise specified.

Typically, the price mentioned at the time of ordering will be the charged on the date of the delivery.

However, prices of certain products/items may differ on the date of actual delivery. Accordingly, in case the prices are higher or lower on the date of delivery – the differential amount will be paid to or collected from the Customer (as the case may be).

Rewards

Heartinz may, in its sole discretion, provide rewards/cashbacks to any or all Merchants as per its internal policies.

All aspects/policies pertaining to the aforesaid rewards/cashbacks (including but not limited to introduction, amount, criteria, mode, modification, payment and withdrawal) shall be solely decided by Heartinz. In case of any abuse, misuse or fraud by the Merchants with respect to rewards/cashbacks, Heartinz shall have the right to hold and/or adjust the payment of the Merchants.

Payment by the Customers

All Payments In Heartinz are handled by Our Respective Payment partners and Heartinz Merchants and Customers who make payments should check the Privacy Policy and terms and Conditions of Respective payment gateways registered by the merchants.

Children’s Privacy

These Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do the necessary actions.

Cancellation

Customers cannot cancel their Order (or any product therein) and the same can only be cancelled by the Merchant if they are unable to serve the Customer for any reason (including but not limited to unavailability of the products/items).

In certain cases (including but not limited to selling illegal products/items), Heartinz shall have the right to cancel the Orders (or any product therein).

Limit / Restrictions on Orders

Heartinz and/or Merchant reserves the right to put necessary limits / restrictions on the Orders, including but not limited to limit on number of Orders by a particular Customer and minimum & maximum value of the Orders.

Heartinz’s Limited Liability & Disclaimer

Heartinz does not provide or make any representation, warranty or guaranty, express or implied, about the Heartinz Services, Heartinz Platform, Heartinz URL and Heartinz Mobile App, and to the fullest extent permitted by law disclaims all liability arising out of the Merchant’s use or reliance upon the same.

In addition to other limitations and exclusions in these T&Cs, in no event shall Heartinz, its directors, officers, employees, agents or other representatives be liable for any direct, indirect, special, incidental, consequential, or punitive damages, or any other damages of any kind, arising out of or related to Heartinz Services, Heartinz Platform, Heartinz URL and Heartinz Mobile App.

Heartinz shall not be liable to the Customers for any product(s) or service(s) provided by the Merchant, or any liability in relation thereto. All claims pertaining to the same shall be directly settled by the Merchant.

Heartinz neither makes any representation or warranty as to specifics (such as quality, value, saleability, merchantability, etc.) of the product(s) or service(s) sold or offered to be sold or purchased on the Heartinz Applications, nor does it implicitly or explicitly support or endorse the sale or purchase of any product(s) or service(s) on the Heartinz Applications.

Heartinz accepts no liability for any error, omission, breach or non-performance, whether on behalf of itself or third parties (including the Merchant).

Any contract for sale of any product(s) or service(s) on Heartinz Applications shall strictly be a bipartite contract between the Merchant and Customer. Merchant shall solely be responsible for order fulfilment, sale, efficacy, quality, quantity, merchantability, delivery and all other issues. Heartinz shall not be responsible for any such aspects/issues and for any loss/damage in relation thereto, and in case of complaints from the Customer pertaining to such aspects/issues, Heartinz shall notify the complaints to the Merchant. The Merchant shall be liable for redressing Customer’s complaints at the earliest. Heartinz shall not be liable in case Merchant does not satisfactorily address said complaints. Customers shall have the right to initiate appropriate legal action against the Merchant.

It is hereby clarified that Heartinz is only a technology provider / intermediary / e-commerce facilitator and that Heartinz is not performing any activity/job or providing services which may tantamount to it being a seller, retailer, stockist and/or distributor. Heartinz has no role and responsibility in the actual sale, delivery or fulfilment of the Orders, and Heartinz only provides a platform for facilitating Orders. Further, Heartinz shall also not be responsible for any payment related issues at Merchant’s or Customer’s end (including but not limited to chargeback or refund related issues).

Details of the items, products, menu, price list, etc. available on the Heartinz Applications shall be based on the information provided by the Merchant, and Heartinz shall not be responsible for any change or cancellation or unavailability.

In addition to the above terms, the terms and conditions of the Merchant (if any) shall also be applicable in relation to the transactions specified in these T&Cs. Merchant shall inform such terms and conditions to the Customer in advance.

Privacy / Data Protection

In the process of registration with Heartinz and processing of Orders, Heartinz may collect certain personally identifiable information about the Merchant such as name, email address, mobile phone number, contact details and bank account details.

Heartinz is committed to protect the personal information of the Merchants and to take all reasonable precautions for maintaining confidentiality of the Merchant’s personal information.

Heartinz has adopted reasonable security practices and procedures that are commensurate with the information assets being protected and with the nature of our business and to include, technical, operational, managerial and physical security control measures so as to protect the personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.

In this regard, Heartinz has framed a privacy policy (“Privacy Policy”) which applies to the users of the Heartinz Applications and other Heartinz platforms.

This Privacy Policy has been published in accordance with the (Indian) Information Technology Act, 2000 and the rules/regulations framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and is available on https://heartinz.com/privacy-policy.html.

The type of personal information (including sensitive personal data or information) that we collect from the users.

The purpose of collection, means and modes of usage of such personal information by Heartinz.

How and to whom Heartinz will disclose such information.

How Heartinz will protect the personal information including sensitive personal data or information that is collected from the users.

How users may access and/or modify their personal information.

Heartinz reserves the right to use the personal information provided by the Merchants as per the terms of the Privacy Policy inter-alia for processing the Orders and for improvement of services, features and functionality of the Heartinz Platform.

Merchant fully understands that usage of the Heartinz Applications by the Customers may create or generate databases in respect of such Customers. All rights and ownership with respect to such database and information therein shall vest with Heartinz. Heartinz shall have the right to inter-alia use such Customer information/database for the purposes of research, analysis, business intelligence and improvement/development/advancement of Heartinz Applications.

Any conversations / correspondences between the Merchant and Customer (including any WhatsApp conversations) shall be considered as private, and Heartinz shall not be deemed to be a party to such conversations / correspondences.

MISCELLANEOUS:

Limited Sub-License: Heartinz grants you a limited sub-license to access and make personal use of the Heartinz Applications and not to modify it, or any portion of it, except with express written consent of Heartinz. This license does not include any resale or commercial use of Heartinz Applications or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of Heartinz Applications or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Heartinz Applications or any portion thereof shall not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Heartinz. It is hereby clarified that Heartinz shall not be responsible for any copyright or intellectual property issue in relation to the suggested product images (as available on the Heartinz Applications) and in relation to the product images uploaded by the Merchant.

Eligibility: Services of the Heartinz Applications will be available to only in select geographies in India. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Heartinz Applications. If you are a minor, you may use the Heartinz Applications only under the supervision of a parent or legal guardian who agrees to be bound by these T&Cs.

Indemnification: You agree to defend, indemnify and hold harmless Heartinz, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, which may result in any loss, damage or liability to Heartinz, Customer or to any third party, on account of (including but not limited to) breach of any warranties, representations or undertakings, or in relation to the nonfulfillment of any of your obligations under these T&Cs, or arising out of your violation of any applicable laws, regulations.

Electronic Record: This document is an electronic record in terms of Information Technology Act, 2000 and the rules made thereunder, as applicable and as amended from time to time.

Modification: Heartinz reserves the right to modify or change these T&Cs and other Heartinz policies at any time by posting changes on the Heartinz Applications/website, and you shall be liable to update yourself of such changes. Your continued usage of the services after any change is posted constitutes your acceptance of the amended T&Cs/policies.

Termination: Heartinz may terminate this agreement / T&Cs at any time and may do so immediately without notice, and accordingly deny you access to the Heartinz Applications. Any such termination will be without any liability to Heartinz.

Severability: If any of the provisions of these T&Cs should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these T&Cs are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining T&Cs shall survive, remain in full force and effect and continue to be binding and enforceable.

Cancellation and Refund Policy

Any Capitalized terms used but not defined herein shall have the meaning assigned to them under the Terms of Use which govern your use of our website www.heartinz.com (the “ Website”) and our applications for mobile and handheld devices (the “App ”). The Website and the App are jointly referred to as the “Platform”.

Customer Cancellation

As a general rule Buyer shall not be entitled to cancel Order once placed. Heartinz reserves the right to deny any refund to Buyer.

Heartinz reserves the right to collect a penalty for the Orders constrained to be cancelled by Heartinz for reasons not attributable to Heartinz, including but not limited to:

in the event if the address provided by Buyer is either wrong or and invalid.

failure to contact Buyer by phone or email at the time of Order booking;

failure to deliver Buyer Order due to lack of information, direction or authorization from Buyer at the time of Order Delivery;

Or unavailability of all the items ordered by Buyer at the time of booking the Order;

Or unavailability of all the items ordered by Buyer at the time of booking the Order.

However, in the unlikely event of an item in an Order being unavailable, Heartinz may contact the Buyer on the phone number provided to us at the time of placing the Order and inform Buyer of such unavailability.

In such an event the Buyer shall be entitled to a refund to an amount upto 100% of the Order value.

In case of cancellations for the reasons attributable to Heartinz or the Merchant , Heartinz shall not collect any penalty from the Buyer.

Refunds

Buyer may be entitled to a refund for prepaid Orders. Heartinz retains the right to retain the penalty payable by the Buyer from the amount refundable to him/her.

The Buyer shall also be entitled to a refund of proportionate value in the event packaging of an item in an Order or the complete Order, is either tampered or damaged and the Buyer refuses to accept at the time of delivery for the said reason;

Buyer may be entitled to a refund upto 100% of the Order value if failed to deliver the Order due to a cause attributable to Heartinz, however such refunds will be assessed on a case to case basis by Heartinz.

Our decision on refunds shall be final and binding.

All refund amounts shall be credited to Buyer’s account as may be stipulated as per the payment mechanism of Buyer’s choice,

Any Refunds shall be processed within 7 business days.

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