Terms & Conditions
Updated on 23/07/2021
Terms and Conditions
Hyloca (“Website and application”) is an online selling channel of Nexart, having its office at 2nd Floor, SreeNanda, Alcot Campus, Nilamel Rd, Neyyattinkara, Kerala 695121
Your use / access of the Website and application, its related sites and hyperlinks, shall be governed by the terms and conditions, policies, rules of Hyloca (“Terms”) posted on the Website and application from time to time. These Terms apply to all users (whether Registered user or Guest User) of the Website and application.
Please read the Terms and conditions very carefully before using the Website and application as your use of the Website and application is subject to your acceptance of and compliance with the Terms. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and any Rules and Policies of Hyloca, please do not click on the ” I Accept” button/check box and on the “Continue” button or “Pay Now” button and do not subscribe or seek to obtain access to or otherwise use the Website and application.
By subscribing to or using the website and application or any of our services through the Website and application you agree that you have read, understood and are bound by the Terms, Policies, directions of Hyloca regardless of how you subscribe to or use the Website and application. This Agreement comes into effect upon your “Acceptance” of these terms and conditions (“Terms”) however Hyloca at its sole discretion reserves its right not to accept a user from registering on the Website and application without assigning any reason thereof.
“You”/ “User” shall mean the end user accessing the Website and application, its contents and using the services offered through the Website and application.
“We”/ “us”/ “our” shall mean Nexart TechnoSolutions Private Limited or its affiliates, franchisees, service providers, successors and assigns “Site” means the online marketplace owned and operated by Nexart TechnoSolutions Pvt. Ltd. (“Hyloca”), which provides a venue to the users of Hyloca to buy the Products listed on Site.
“Store Owner”/”Seller” shall mean the person or any legal entity who accesses the Website and application and starts a store for sale of their products / services on the Website and application.
“Driver” shall mean the person or any legal entity who accesses the Website and application and provides delivery services to stores selling their products / services on the Website and application .
“Customer”/”Buyer” shall mean the person or any legal entity who accesses the Website and application and places an order for and or purchases any products /services against the invitation of offer for sale of products / services on the Website and application.
“Acceptance” shall mean your affirmative action in clicking on “checkbox”™ and on the “continue button as provided on the registration page or clicking on
“˜Pay Now” button while transacting as a User or such other actions that implies your acceptance.
“Product” shall mean the Products offered for sale on the website and application from time to time
“Delivery” shall mean the physical delivery of goods under your order placed with us
“Price” means the price communicated at the time of order and confirmed by us
“Payment Facility” shall mean an applicable mode of payments made available to User from time to time.
“Content” means all products listed on the platform collectively.
By impliedly or expressly accepting this User Agreement, Policies and Terms, You also accept and agree to be bound by Rules, Policies and Terms of Hyloca as provided from time to time in its Website and application and corresponding hyperlinks.
Registration and Submission of personal details:
You can use the services offered by the Website and application as a “Registered User”. As part of the registration process on the Site, Hyloca may collect certain personally identifiable information about you including first and last name, email address, mobile phone number and contact details, Postal code, Demographic profile (like your age, gender, occupation, address etc.) and information about the pages on the site you visit/access, the links you click on the site, the number of times you access the page and any such browsing information.
As a Registered User, you are responsible for maintaining the confidentiality of your user id and password. You are also responsible for maintaining the confidentiality of your email id and mobile number and for any unauthorised access to your mobile , tab, computer, computer system and computer network, and you are responsible for all activities that occur under your user id and password, email id and mobile number as the case may be. You agree to maintain and promptly update all data provided by you and to keep it true, accurate, current and complete. 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 the Terms, we have the right to indefinitely suspend or terminate or block access of your user account with the Website and application and refuse to provide you with access to the Website and application.
We will collect personally identifiable information about you only as part of a voluntary registration process, on-line survey, or contest or any combination thereof.
The User hereby affirms that the information provided by him / her is true, correct and complete to the best of his / her knowledge and belief. The User agrees and understands that he / she will be solely responsible in the event of any inaccuracy or deviation therefrom at a later stage.
You agree to comply with all applicable laws in connection with your use of the Website and application, and such further limitations as may be set forth in any written or on-screen notice from us.
To register with & shop with Hyloca you must be eighteen years of age or over. Our website and application is not directed to children under the age of 18. If we become aware that a child and/ or customer is under the age of 18 and has registered or using our Website and application, we are entitled to remove his or her account from our system and cancel any order placed by him or her.
You agree and undertake not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website and application. Reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website and application is not permitted
You agree and undertake not to display, upload, modify, publish, transmit, update or share any information that:
- Belongs to another person and to which you do not have any legal right
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- Harm minors in any way;
- Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy;
- Violates any law for the time being in force;
- Impersonate another person;
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information.
You, as a Buyer, understand that upon initiating a transaction you are entering into a legally binding and enforceable contract with Hyloca to purchase the products and /or services from Hyloca, and pay the transaction price to Hyloca using appropriate Payment Facility. You, as a Buyer, understand that the all payment facility may not be available in full or in part for certain categories of products and for certain locations and hence you may not be entitled to use that Payment Facility in respect of the transactions for those products or locations.
Availability of Website and application and its services:
This Website and application is controlled and operated by Nexart from India and Nexart makes no representation that the materials are appropriate or will be available for use in other locations. If you use this platform from outside India, you are entirely responsible for compliance with all applicable local laws.
Hyloca has several websites and applications offering products, services, content and various other functionalities (collectively the “Services”) to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws, shipment and other considerations. Hyloca does not make any warranty or representation that a user in one region may obtain the Services from the Hyloca site in another region and Hyloca may cancel a user’s order or redirect a user to the site for that user’s region if a user attempts to order Services offered on a site in another region.
Information that Hyloca publishes on the World Wide Web may contain references or cross references to Hyloca products, programs and services that are not announced or available in your country. Such references do not imply that Hyloca intends to announce such products, programs or services in your country.
Access to Website:
We will do our utmost to ensure that availability of the website and application 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 and application 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.
Permission to access website and application:
Hyloca grants you a limited, revocable permission to access and make personal use of this Website and application, but not to download or modify it, its Contents or any portion of it, except with express written consent of Hyloca. This permission does not include any resale or commercial use of this website and application or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website and application 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
The use of the Website and application and its Content grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content. Including the content but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website and application are original to Hyloca and are owned and controlled or licensed by us, and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights. No part of the Website and application and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website and application or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.
Applicability of Terms:
When you place an order on our Website and application or send emails to us, you are communicating with us electronically so you must provide a valid mobile phone number / email address and your address while placing an order with us. We may communicate with you by email, SMS, phone call or by posting notices on the Website and application or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mails or phone calls from us with respect to your order.
- Not acquire any ownership rights by downloading material /Contents from this website and application.
- Read the Terms and policies of website and application and agree to accept the Terms before use of Website and application
- Abide by the Terms and Policies of Website and application.
- Neither copy or modify the Contents of the website and application nor use the Website and application for commercial purpose.
- Comply with all applicable laws in connection with your use of the Website and application, and such further limitations as may be set forth in any written or on-screen notice from us.
- Not refuse to accept the delivery of the Products under your order upon delivery except for damages and deficiencies.
- Authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the website and application.
All products/services and information displayed on Website and application constitute an “invitation to offer”. Your order for purchase constitutes your “offer”. All orders placed by you on the Website and application are subject to availability and acceptance by us and conditional on your acceptance and adherence to these terms and conditions.
Your order is an offer to us to buy the product(s) in your order. We will confirm our acceptance of your offer either through an email / SMS or through shipment of the items you requested. Upon placing an order, you will receive an email confirming receipt of your order with details (the “Order Confirmation Email”).The Order Confirmation E-mail is an acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. Our acceptance to your offer takes place and the contract of sale for a product ordered by you concludes only upon actual dispatch of products to you and an e-mail confirmation in that regard is sent to you (the “Dispatch Email”). We, at our sole discretion, reserve our right to limit the quantity of items and cancel any order, even after acceptance.
Hyloca has the complete right to accept or reject an order placed online. No act or omission of Hyloca prior to actual dispatch of the product(s) ordered will constitute an acceptance of your offer. You agree not to dispute the decision of Hyloca in this regard.
Delivery/Shipment of Product:
Delivery of the Products under your Order in the Website and application shall be made as per our Delivery/shipment policy mentioned herein. Title of the Product shall pass on to you upon receipt of payment.
Exactness / Accuracy of product:
We have made significant efforts to accurately display the colors / dimension / specification of products that appear on the Website and application. However, we do not warrant/guarantee that product description or other content of this Website and application is accurate, complete, reliable, current, or error-free. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colours, dimension, specifications of products offered on this Website and application.
Copyright: All Content included on the website and application, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Hyloca, its affiliates or its content suppliers and is protected by the Intellectual Property Laws of India.
Trademarks: The trademark Hyloca, its logo and all products and logos denoted with TM are trademarks owned or registered trademarks of Hyloca or its affiliates.
Intellectual Property Claims: Hyloca and its affiliates or its content suppliers 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 write to us with your concerns.
You acknowledge and undertake that you are accessing the services on the Website and application and transacting at your own risk and are using your best and prudent judgment before placing any order or availing the services or entering into any transactions with us through our Website and application. We shall not be held liable nor responsible for any representations or warranties/guarantees of the products save and except the limited manufacturer’s warranty/guarantee on the respective Product is assigned unto us and we hereby expressly disclaim any and all responsibility and liability in that regard.
If any of these Terms is deemed invalid, void or unenforceable in whole or in part for any reasons, such invalidity or unenforceability condition or part thereof will be deemed severable and will not affect the validity and enforceability of any remaining condition or part of such condition / Terms
You agree to indemnify, defend and hold harmless us and affiliates including employees, directors, officers, agents and their successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us arising out of your actions or inactions or result from your breach of the Terms and Conditions herein or any document incorporated by reference/hyperlink or infringement of intellectual property rights or your violation of any law, rules or regulations or the rights of any third party.
You hereby expressly release Hyloca 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 Manufacturers/Brand owners of the Products purchased through the website and application and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
This clause shall survive the expiry or termination of this Agreement.
Limitation on Liability:
In no event shall we or our affiliates be liable for any special, indirect, incidental, consequential or exemplary damages including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website and application, its services or this User Agreement whatsoever, whether in an action of contract, negligence or other tortious action.
Without prejudice to the generality of this section the total liability of Hyloca to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the product ordered by you. However in case of missing a delivery in transit, Our liability is limited only to delivery at a later agreed time at no additional charge.
DELIVERY SERVICES AND REQUIREMENTS
We will provide the Delivery Services you engage us to perform for the ordered product(s), directly or through a third-party service provider, in a professional and workmanlike manner, consistent with industry standards. The Delivery Services are nonrefundable once service is completed. If you do not follow the Guidelines, or for other safety or local code reasons, we may in our sole discretion decline to perform or we may reschedule services in whole or in part and issue you a full or partial refund. We will also not disassemble, deconstruct, or break down any product for haul-away service.
Other Terms: We may amend these Delivery Services terms and conditions at our sole discretion by posting revised terms and conditions on the Hyloca.com website. Your continued use of the Delivery Services after the effective date of the revised terms and conditions constitutes your acceptance of these terms. Any dispute or claim arising from or relating to the Delivery Services is subject to the binding arbitration, governing law, disclaimer of warranties and limitation of liability. You agree to those terms by scheduling, selecting or using Delivery Services through Hyloca.com.
PRICE & PAYMENT POLICY
Prices and taxes thereon in respect of all products are subject to change from time to time, without prior notice by Hyloca. We strive to provide you with the best prices possible on our Website and application. All the products listed on the Website and application will be sold at Indian Rupees either at Maximum Retail Price ( MRP) (inclusive of all taxes) or at an Offer/discounted price with taxes, unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged to you on the date of delivery. Although prices of most of the products do not fluctuate on a daily basis. The delivered weight may have variance and product will be billed accordingly on the actual weight.
There may be cases where the M.R.P. of the product delivered is different from the M.R.P. quoted / reflected on the Website and application due to various reasons including time lag in updating prices post changes in M.R.P. or products belonging to a different batch or different M.R.P.s being used by manufacturers in different regions.
Despite our best efforts, there may be an instance of mispricing of items in our catalogue/offer on Website and application. However, we verify prices as part of our dispatch procedures. If a product’s correct price is lower than our stated price, we charge the lower amount and send you the item. If a product’s correct price is higher than our stated price, you may return at the time of delivery or we may not supply the product unless the problem get resolved and if you do not want to purchase the Product in such higher price we shall cancel your order and refund you the amount paid by you for such cancelled transaction as per existing refund policy.
Our online price may not match with the offline price at the store. You shall not raise any dispute on the same.
Hyloca offers you multiple payment options both online and offline however Hyloca reserves its right to add or delete any mode of payment without any prior notice.
1.Offline Payment Mode:
Cash on Delivery (CoD) – Buyer needs to make payment in cash to the delivery person at the time of receipt of delivery of the Products at its delivery location
Coupons on Delivery – Coupons shall be accepted at the sole discretion of Hyloca against the value of a certain category of products on the invoice at the time of Delivery of Products at the delivery location. Items permissible for purchase through coupons shall change without prior notice and you shall have the option to cancel the item/order or shall pay in cash or card.
Card on Delivery: A mobile EDC machine may be made available at your doorstep to facilitate payment by Credit / Debit Card . However due to prevailing network conditions in your area or any technical glitch in the equipment or due to any other reason if the EDC terminal is not able to collect the payment, you shall make payment by cash.
In cases where payment is attempted but remains unsuccessful and a successful charge slip does not get generated, you shall make the payment in cash for that particular order. In certain cases though you may receive a payment confirmation sms from your bank, the amount generally gets reversed in the same account. You may raise the incident with the customer care number on the back of the card to reverse the amount in case of unreasonable delay, Hyloca will not be responsible for such failed attempts due to any network or technical reasons. We on our part, upon request of the customer, after due verification with our back end team may give a written confirmation of the non-receipt of payment for you to appropriately take up with the card issuing bank.
- Online Payment Mode:
- Credit Cards
- Debit Card
- Net Banking
- UPI Net Banking
We accept payments made by most of the major credit/debit cards issued in India. Acceptance of card payment is at the sole discretion of Hyloca and you may be asked to submit a copy of photo identity proof too. However Hyloca reserves its right to deny acceptance of card payment without any prior notice. We don’t accept internationally issued credit/debit cards and certain cards issued by banks in India too.
You can place your order with us either on our Website and application or over phone and choose any of our payment modes made available to you. In case of payment to be made offline, Buyer needs to pay the invoice amount in cash / coupon / card at the time of delivery of the Product at its doorstep/preferred location.
Orders will be processed for shipment/delivery upon selection of your preferred delivery location, date and time and confirmation by us. Hyloca may change maximum order value of COD and items/locations available for COD without prior intimation.
While availing any of the payment method/s available on the Website and application, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
- Lack of authorization for any transaction/s, or
- Exceeding the present limit mutually agreed by you and your issuing bank, or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s
Hyloca reserves its right to change the price of any product in the Website and application any time without any notice. Prices stated at the time an order is placed shall apply in respect to that order.
All payments made against the purchases of products on Website and application by you shall be in Indian Rupees only. Website and application will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website and application.
You represent and confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. You further agree and undertake to provide the correct and valid credit card details to carry out a transaction on the Website and application. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay or non-delivery.
In case of payment made through online, before shipping / delivering your order to you, we may request you to provide a copy of photo identity proof document as acceptable to Hyloca to establish your ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.
Hyloca reserves the right to impose limits on the number of transactions which Hyloca may receive from an individual valid credit/debit/ valid bank account and reserves the right to refuse to process transactions exceeding such limit.
Hyloca reserves its right to refuse to process transactions by buyers with a prior history of questionable charges including without limitation breach of any agreements by buyer with Hyloca or breach/violation of any law or any charges imposed by bank or breach of any policy. Hyloca may do such checks as it deems fit before approving the buyer’s order ) for security or other reasons at the discretion of Hyloca. As a result of such a check, if Hyloca is not satisfied with the credibility of the Buyer or genuineness of the transaction, it will have the right to reject such an order. Hyloca may delay dispatch or cancel any transaction at its sole discretion, if Hyloca is suspicious of any Buyer’s authenticity or activity or if the Buyer is conducting high transaction volumes, to ensure safety of the transaction.
In cases where the payment of an online order does not get successfully communicated to our system due to any network or technical issue between intermediary, bank or payment gateway, the order shall not be processed and a refund will be initiated for the same. However in an unsuccessful attempt if the customer’s account gets debited, such amounts generally get auto reversed in the same account. However Hyloca shall not be held responsible for such amounts debited in unsuccessful attempts and customers can raise reversal requests with their bank should there be any unreasonable delay in refund.
Buyer acknowledges that Hyloca will not be liable for any damages, interests, claims etc. resulting from not processing a transaction or any delay in processing a transaction which is beyond control of Hyloca.
For Credit Card:
Note: Credit cards not enabled for online/ecommerce transactions will not be processed for payment. Please check with your credit card issuing Bank or authority on the status or to activate online transaction capabilities for your credit card.
For Debit Card:
Note: Debit cards not enabled for online/ecommerce transactions will not be processed for payment. Please check with your debit card issuing Bank or authority on the status or to activate online transaction capabilities for your debit card.
User Agreement shall be effective form the date and time of your acceptance of the Terms of the Website and application and remain in force unless and until terminated by either of us. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to us. Upon any termination of the User Agreement by either of us, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the User Agreement.
We reserve the right to change or update these policies at any time without any prior notice effective immediately upon posting to this site.
Waiver: Our failure to enforce any provision of the Terms or respond to a breach by you shall not in any way waive our right to enforce subsequently any provision of the Terms or to act with respect to similar breaches.
Entire Agreement: This agreement constitutes the entire and final agreement regarding the Website and application and its contents, and supersedes any prior or contemporaneous communications between you and us regarding the Website and application and its contents.
Reserved Rights of Hyloca: We may discontinue this Website and application at any time and for any reason, without notice. All rights not expressly granted herein are hereby reserved to us.
Jurisdiction: You specifically consent to submit any dispute arising out of these terms and conditions/User agreement to the jurisdiction of courts of Thiruvananthapuram, Kerala, India.
DISCLAIMER: This Website and application provides Content without any warranties or guarantees and in an “As Is” and “where is” basis. You must bear the risks associated with the use of the Site. This Website and application provides content from seller’s sites or resources and while Hyloca and its software support service provider tries to ensure that material included on the Website and application is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Hyloca and its affiliates shall not be held responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website and application. Hyloca, its affiliates or its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website and application or that the operation of the Website and application will be error free and/or uninterrupted. Consequently, Hyloca and its affiliates/associates assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website and application; and/or any interruption or errors in the operation of the Website and application.