What is this Document?
The Agreement, inter alia, provides the terms that govern your access to use (i) A HUMMING WAY (AHW)’s website www.ahummingway.com, and its mobile and tablet applications (“Platforms”), (ii) A HUMMING WAY (AHW)’s online lifestyle, fashion and electronics solutions, which inter alia facilitates sale and purchase of electronics, and lifestyle and fashion merchandise (“Products”) through the Platforms, and (iii) the purchase of Products, and any other service that may be provided by A HUMMING WAY (AHW) from time to time (collectively referred to as the “Services”).
You hereby understand and agree that the Agreement forms a binding contract between A HUMMING WAY (AHW) and anyone who accesses, browses, or purchases the Products and uses the Services in any manner (“User”) and accordingly, you hereby agree to be bound by the terms contained in the Agreement. If you do not agree to the terms contained in the Agreement, you are advised not to proceed with purchasing the Products or using the Services. The terms contained in the Agreement shall be accepted without modification. The use of the Services would constitute acceptance of the terms of the Agreement. We reserve the right to change these Terms at any time. Such changes will be effective when posted on the Website and may, at the sole discretion of the Website be notified to the Users from time to time. Notwithstanding the foregoing, by continuing to use the Website after we post any such changes, you accept the Terms as modified.
Terms and Conditions Applicable to Users
- Users must be 18 years of age or older to register, or visit or use the Services in any manner. By registering, visiting or using the Services, you hereby represent and warrant to A HUMMING WAY (AHW) that you are 18 years of age or older, and that you have the right, authority and capacity to use the Services, and agree to abide by the Agreement. If a User is below 18 years of age, it is assumed that he/she is using/browsing the Platforms under the supervision of his/her parent or legal guardian and that such User’s parent or legal guardian has read and agrees to the terms of this Agreement, including terms of purchase of Products, on behalf of the minor User. Should A HUMMING WAY (AHW) be made aware that a User is under the age of 18 and is using/browsing the Platforms without the supervision of his/her parent or legal guardian, A HUMMING WAY (AHW) reserves the right to deactivate such User’s account without further notice.
- The Agreement is governed by the provisions of Indian law, including, but not limited to:
- The contents of Services, information, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on the Platforms or any of the other Services are the property of A HUMMING WAY (AHW), its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors and sister companies, as the case may be (“A HUMMING WAY (AHW) Content”), and are protected under copyright, trademark and other applicable laws. You shall not modify the A HUMMING WAY (AHW) Content or reproduce, display, publicly perform, distribute, reverse engineer or otherwise use the A HUMMING WAY (AHW) Content in any way for any public or commercial purpose or for personal gain.
- A HUMMING WAY (AHW) authorises you to view and access the A HUMMING WAY (AHW) Content solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with Return and Refund Policy, if any. A HUMMING WAY (AHW), therefore, grants you a limited, revocable permission to access and use the Services. This permission does not include a permission for carrying out any resale of the Products or commercial use of the A HUMMING WAY (AHW) Content, any collection and use of product listings, description, or prices, and, any derivative use of the Platforms or of A HUMMING WAY (AHW) Content.
- As means to assist the Users in identifying the Products of their choice, A HUMMING WAY (AHW) provides visual representations on the Platforms including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, A HUMMING WAY (AHW) disclaims any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to Users. The appearance of the Product when delivered may vary for various reasons.
- Users may make purchases on the Platforms. For the purposes of identifying a User, A HUMMING WAY (AHW) may, from time to time, collect certain personally identiﬁable information such as your ﬁrst name and last name, email address, mobile phone number, postal address, other contact information, demographic proﬁle, etc. Users may also register themselves on the Platforms. Registration on the Platforms is one time and you are required to remember your username and password and keep the same conﬁdential. In the event where you have misplaced your username and password details, you can retrieve and change the same using the “forgot username/password” option on the Platforms.
- The User shall assume all risks, liabilities, and consequences if his/her account has been accessed illegally or without authorisation through means such as hacking and if through such unauthorised access, a purchase of Products has been made through the Services. It is speciﬁcally clariﬁed that payments of monies towards any Products purchased through the Services by unauthorised or illegal use of the User’s account shall entirely be borne by the User.
- Display of Products for purchase on the Platforms is merely an invitation to offer. An order placed by a User for purchase of a Product constitutes an offer. All orders placed by Users on the Platforms are subject to the availability of such Product, A HUMMING WAY (AHW)’s acceptance of the User’s offer and the User’s continued adherence to the terms of the Agreement.
- 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, incomplete, or if A HUMMING WAY (AHW) has reasonable grounds to suspect that the information provided by you is untrue, inaccurate, not current, incomplete, or not in accordance with the terms of the Agreement, A HUMMING WAY (AHW) reserves the right to indeﬁnitely suspend, terminate or block your access to the Platforms, and refuse to provide you with access to the Platforms in future.
- All rights and liabilities of A HUMMING WAY (AHW) with respect to any Services to be provided by it shall be restricted to the scope of the Agreement. In addition to the Agreement, you shall also ensure that you are in compliance with the terms and conditions of the third parties, whose links are contained/embedded in the Services. It is hereby clariﬁed that A HUMMING WAY (AHW) shall not be held liable for any transaction between you and any such third parties.
- You understand that on your registration as a User or on your purchase of Products on the Platforms, you may receive text messages and/or emails from A HUMMING WAY (AHW) on your registered mobile number and/or email address. These messages and/or emails could relate inter alia to your registration, A HUMMING WAY (AHW)’s acceptance or rejection of your offer to purchase a Product, payment information, Product despatch information, information pertaining to other activities you carry out on the Platforms and information pertaining to the promotions that are undertaken by A HUMMING WAY (AHW) (or third parties in connection with the Platforms) from time to time. It is speciﬁcally clariﬁed that a text message and/or an email conﬁrming the receipt of your order is not an acceptance from A HUMMING WAY (AHW) that the Product will be delivered. A HUMMING WAY (AHW)’s acceptance to your offer to purchase shall occur and conclude only when the Products have been despatched by A HUMMING WAY (AHW) and a text message and/or email conﬁrming such despatch has been sent to you. A HUMMING WAY (AHW), at all times, reserves the right to limit the quantity of items in, or cancel an order prior to despatch.
- Any communication from A HUMMING WAY (AHW) shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the Platforms in the event there is a change. Further, A HUMMING WAY (AHW) may also send you notiﬁcations and reminders with respect to scheduled deliveries of the purchased Products. While A HUMMING WAY (AHW) shall make every endeavour to share prompt reminders and notiﬁcations relating to the delivery of purchased Products with you, A HUMMING WAY (AHW) shall not be held liable for any failure to send such notiﬁcations or reminders to you.
- A HUMMING WAY (AHW) may, at any time and without having to service any prior notice to you: (i) upgrade, update, change, modify, or improve the Services or a part of the Services in a manner it may deem ﬁt, and (ii) change the contents of the Agreement in substance, or as to procedure or otherwise; in each case which will be applicable to all Users. You hereby agree that this is in the fairness of things given the nature of the business and its operations and you will abide by them. As such, you must keep yourself updated at all times and review the terms of the Agreement from time to time. Such changes shall be made applicable when they are posted. A HUMMING WAY (AHW) may also alter or remove any content from the Platforms without notice.
- While A HUMMING WAY (AHW) shall make reasonable endeavours to maintain high standards of security and shall provide the Services by using reasonable efforts, A HUMMING WAY (AHW) shall not be liable for any interruption that may be caused to your access or use of the Services.
- . Access to and registration on the Platforms is free of cost. Although unlikely, A HUMMING WAY (AHW) may modify the Fee, Payment and Promotions Policy to include a fee on access and browsing of the Platforms, or for use of any new service introduced by A HUMMING WAY (AHW) without serving prior notice on the Users.
- The Services included on or otherwise made available to the Users through the Platforms are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except if otherwise speciﬁed in writing. A HUMMING WAY (AHW) does not covenant or warrant that:
Rules, A HUMMING WAY (AHW) can transfer sensitive personal data or information to any other body corporate or a person that ensures the same level of data protection that is adhered to by A HUMMING WAY (AHW) as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between A HUMMING WAY (AHW) or any person on its behalf and the User or where you have consented to such data transfer.
User Covenants and Obligations
Third Party Information
- All information in relation to third parties as available on the Platforms (collectively referred to as “Third Party Information”) are provided solely for your reference. A HUMMING WAY (AHW) is not endorsing the Third Party Information and is not responsible for any errors and representation nor is it associated with it and you shall access the Third Party Information at your own risk.
- Further, it is up to you to take sufficient precautions to ensure that whatever links you select, whether from the Platforms, or other Services, is free of such items such as, but not limited to, viruses, worms, Trojan horses, defects and other items of a destructive nature.
Intellectual Property Rights
- All the intellectual property used on the Platforms by A HUMMING WAY (AHW), including the A HUMMING WAY (AHW) Content, shall remain the property of A HUMMING WAY (AHW), its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors, sister companies or of any third party hosting such intellectual property on the Platforms. Except as provided in the Agreement, the materials may not be modiﬁed, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of A HUMMING WAY (AHW), its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors, sister companies or any third party hosting such material on the Platforms, as the case may be.
- If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please write to us at customercare@aHummingWay.com and let us know of your concerns.
Unlawful or Prohibited Use
You warrant to A HUMMING WAY (AHW) that you will comply with all applicable laws, statutes, ordinances and regulations regarding the use of the Services and any other related activities. You further warrant that you will not use the Platforms in any way prohibited by terms contained in the Agreement or under applicable law.
- You acknowledge and undertake that you are accessing the Services and purchasing the Products at your own risk and that you are using prudent judgment before placing an order for a Product or availing any Services through the Platforms. A HUMMING WAY (AHW) shall, at no point, be held liable or responsible for any representations or warranties in relation to the Products. Refund of the price paid for the purchase of a Product or replacement thereof shall be governed by the Return and Refund Policy which may be accessed here.
- A HUMMING WAY (AHW) does not provide or make any representation, warranty or guarantee, express or implied about the Platforms, Products or the Services, and all implied warranties under law or contract are to the maximum extent possible hereby disclaimed.
- The maximum aggregate liability of A HUMMING WAY (AHW), in respect of all Services provided, and all transactions undertaken by the User by using the Services, shall be limited to a maximum of INR 1,000 (Indian Rupees one thousand).
You hereby agree to indemnify and hold harmless A HUMMING WAY (AHW) , its affiliates, officers, directors, employees, consultants, licensors, agents and representatives from any and all claims, losses, damages, and/or costs (including reasonable attorney fees and costs) arising from (i) your access to or use of the Services or Products, (ii) violation of the Agreement, (iii) infringement, or infringement by any other user of your account with A HUMMING WAY (AHW), (iv) action or inaction on behalf of A HUMMING WAY (AHW) ’s third party affiliates, manufacturers, vendors, suppliers and logistic partners in providing services; and (v) infringement of any intellectual property or other right of any person or entity. A HUMMING WAY (AHW) shall notify you promptly of such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide A HUMMING WAY (AHW) with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost.
The User hereby indemniﬁes, defends and holds harmless the entity owning and operating the Website, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as “indemniﬁed parties”) from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemniﬁed parties that arise out of, result from, or in connection with : The User’s breach of these Terms; or
Any claims made by any third party due to, or arising out of, or in connection with, the User’s use of the Website; or
Any claim that any third party IPR, proprietary information, content or materials provided by the User causes any damage to a third party; or
Violation of any rights of any third party by the User, including any IPR.
Each an “Indemnity Event”
- Upon occurrence of an Indemnity Event, the Website may notify the User of any claims which the User shall be liable to indemnify the Website against. The User shall then be obligated to consult with the Website regarding the course of action to be undertaken in defending such a claim.
- The User shall not compromise or settle any claim or admit any liability or wrongdoing on the part of the Website without the express prior written consent of the Website which can be withheld or denied or conditioned by the Website in its sole discretion.
- Notwithstanding anything to contrary, the Website’s entire and aggregate liability to the User under and in relation to these Terms shall not exceed the greater of Indian Rupees One Hundred (INR 100) or the amount of fees, if any, paid by the User/Seller to the Website under the relevant order to which the cause of action for the liability relates.
- Notwithstanding anything to contrary, in no event shall the Website, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to the User for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or proﬁts, whether or not foreseeable or whether or not the Website has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with the User’s use of or access to the Website or the Product.
In accordance with the provisions of the SPI Rules, any grievances which you may have with respect to the information shared by you with A HUMMING WAY (AHW) hereunder and its treatment, may be directed by you to the grievance officer of A HUMMING WAY (AHW) at grievance.officer@aHummingWay.com or at the below mentioned coordinates:
Name: Ms. Pallavi
Email Address: grievance.officer@AHummingWay.com
A Humming Way C/o Globus Infrastructure A-3,
1st Floor Raj Industrial Complex Military Road,
Marol Andheri East Mumbai -400059 India.
Designation: Grievance Officer
If any provision of the Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision and the remaining part of such provision and all other provisions of the Agreement shall continue to be in full force and effect.
Term and Termination
- The Agreement will remain in full force and effect while you use any Service in any form or capacity.
- A HUMMING WAY (AHW) reserves the right to terminate its Services provided to you in the event of breach of any terms contained in the Agreement, misrepresentation of information, any unlawful activity or if A HUMMING WAY (AHW) is unable to verify or authenticate any information you submit to it.
- The User may terminate the Agreement at any time, provided that the User discontinues any further use of the Platforms or Services.
- It is speciﬁcally clariﬁed that any termination of the Agreement by a User shall not cancel the User’s obligation to pay for a Product purchased on the Platforms, or any other obligation which has accrued, or is unfulﬁlled and relates to the period, prior to termination.
- Any provision of the Agreement which imposes an obligation or creates a right that by its nature will be valid after termination or expiration of the Agreement shall survive the termination or expiration of the Agreement.The User may be considered fraudulent if inter alia any of the following scenarios are met:
- The User may be considered loss to business if any of the following scenarios are met:User with a very high return rate
- A Humming Way (AHW).com may cancel any orders that classify as ‘Bulk Order’ under certain criteria at any stage of the product delivery. An order can be classiﬁed as ‘Bulk Order’ if it meets with the below mentioned criteria, and any additional criteria as deﬁned by A Humming Way (AHW).com:
- If a User raises a complaint for partial item/partial order :The Users is supposed to claim for pilferage within 48 hours of delivery failing which the claim will not be entertained.
User Conduct and Rules
You agree and undertake to use the Website only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when the Website, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- Upload ﬁles that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
- Upload or distribute ﬁles that contain viruses, corrupted ﬁles, or any other similar software or programs that may damage the operation of the Website or another’s computer;
- Conduct or forward surveys, contests, pyramid schemes or chain letters;
- Download any ﬁle posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a ﬁle that is uploaded;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Violate any applicable laws or regulations for the time being in force in or outside India; and
- Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
- Exploit any of the services. We reserve the right to deprive individual Users of our cash on delivery payment option. Moreover, we might refuse any of our services, terminate accounts, and/or cancel orders at our discretion, including but not limited to, if we believe that Users conduct violates applicable law or is harmful to our interests.
- You shall not make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement/s and/or comment/s about the Website, its associates and partners on any property owned or operated by the Website.
Dispute Resolution and Governing Law
- The Agreement and any contractual obligation between A HUMMING WAY (AHW) and you under the Agreement shall be governed by the laws of India, subject to the exclusive jurisdiction of the courts at Mumbai, Maharashtra.
- All disputes will be subject to arbitration at Mumbai, Maharashtra in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted in the English language. A HUMMING WAY (AHW) and the disputing User shall be entitled to appoint 1 (one) arbitrator each and the 2 (two) arbitrators so appointed will jointly appoint the 3rd (third) arbitrator.
- Arbitration awards shall be reasoned awards and shall be ﬁnal and binding on A HUMMING WAY (AHW) and the disputing User, and shall be enforceable in any court of competent jurisdiction.
A HUMMING WAY (AHW) ’s failure to enforce any provision of the Agreement or respond to a breach by a User or User shall in no way imply a waiver of A HUMMING WAY (AHW)’s right to subsequently enforce any provision of the terms of the Agreement or to act with respect to similar breaches by a User or User.
All notices and communications shall be in writing, in English and shall be deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certiﬁed mail (return receipt requested) or sent by email, with due acknowledgment or complete transmission to the following address:
A Humming Way C/o Globus Infrastructure A-3,
1st Floor Raj Industrial Complex Military Road,
Marol Andheri East Mumbai -400059 India.
Email Address: customercare@AHummingWay.com
- Headings, subheadings, titles, subtitles to clauses, sub-clauses and paragraphs are for information only and shall not form part of the operative provisions of the Agreement and shall be ignored in construing the same.
- Words denoting the singular shall include the plural and words denoting any gender shall include all genders.
- The words “include” and “including” are to be construed without limitation.
AHW’s performance of its obligations under this Agreement will be suspended for so long as AHW is prevented from doing so by an Event of Force Majeure. “Event of Force Majeure” shall mean such events or circumstances, which are beyond the control of AHW and which events could not have been reasonably foreseen or anticipated by AHW upon the exercise of due care and diligence, including but not limited to AHW Services’ operations being materially impaired, hampered, interrupted, prevented, suspended, postponed or discontinued due to the acts of God, earthquake, floods, riots, lockouts, war, civil disturbance, fire, accidents, armed conflict etc. government order or regulation, judicial order or decree (including without limitation injunctive relief, whether imposed on an industry wide basis or affecting AHW), failure of technical facilities or substantial impairment in obtaining facilities which makes the rendering of AHW’s Services beyond AHW’s control.