THE SERVICE OFFERINGS ARE PROVIDED “AS IS.” WE AND OUR AFFILIATES AND LICENCORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE OFFERINGS OR THE THIRD PARTY CONTENT, INCLUDING ANY WARRANTY THAT THE SERVICE OFFERINGS OR THIRD PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT OR THE THIRD PARTY CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENCORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
Limitations of Liability. WE AND OUR AFFILIATES OR LICENCORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENCORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH:
(A) YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICE OFFERINGS, OR, (III) WITHOUT LIMITING ANY OBLIGATIONS UNDER THE SLAB, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS.
(B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
(c) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS.
(D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.
Modifications to the Agreement.
We may modify this Agreement (including any Policies) at any time by posting a revised version on the HoPSoP Site or by otherwise notifying you that provided, however, that we will provide at least 90 days with advance notice for adverse changes to any Service Level Agreement. Subject to the 90-day advance notice requirement with respect to adverse changes to Service Level Agreements, the modified terms will become effective upon posting or, if we notify you by email, as stated in the email message. By continuing to use the Service Offerings after the effective date of any modifications to this Agreement, you agree to be bound by the modified terms. It is your responsibility to check the HoPSoP Site regularly for modifications to this agreement. We last modified this agreement on the date listed at the end of this agreement.
1 Confidentiality and Publicity. You may use HoPSoP Confidential information only in connection with your use of the Service Offerings as permitted under this agreement. You will not disclose HoPSoP Confidential Information during the Term or at any time during the 5 year period following the end of the Term. You will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of HoPSoP Confidential Information, including, at a minimum, those measures you take to protect your own confidential information of a similar nature. You will not issue any press release or make any other public communication with respect to this agreement or your use of the Service Offerings. You will not misrepresent the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your business endeavors), or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this agreement.
2 Force Majeure. We and our affiliates will not be liable for any delay or failure to perform any obligation under this agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
3 Independent Contractors; We and you are independent contractors, and neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other. Both parties reserve the right (a) to develop or have developed for it products, services, concepts, systems, or techniques that are similar to or compete with the products, services, , systems, or techniques developed or contemplated by the other party and (b) to assist third party developers or systems integrators who may offer products or services which compete with the other party’s products or services.
4 No Third Party Beneficiaries. This agreement does not for any third party beneficiary rights in any individual that is not a party to this Agreement.
5 Indian Government Rights. The Service Offerings are provided to the Indian Government as “commercial items,” “commercial computer software,” “commercial computer software documentation,” and “technical data” with the same rights and restrictions generally applicable to the Service Offerings. If you are using the Service Offerings on behalf of the India Government and these terms fail to meet the Indian Government’s needs or are inconsistent in any respect with federal law, you will immediately discontinue your use of the Service Offerings.
6 Import and Export Compliance. In connection with this agreement, each party will comply with all applicable import, re-import, export, and re-export control laws and regulations, including the Export Administration Regulations, the International Traffic in Arms Regulations, and country-specific economic sanctions programs implemented by the Office of Foreign Assets Control. For clarity, you are solely responsible for compliance related to the manner in which you choose to use the Service Offerings, including your transfer and processing of Your Content, the provision of Your Content to End Users, and the HoPSoP region in which any of the foregoing occur.
(a) To You. We may provide any notice to you under this agreement by: (i) posting a notice on the HoPSoP Site; or (ii) sending a message to the email address then associated with your account. Notices we provide by posting on the HoPSoP Site will be effective upon posting and notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive the email.
(b) To Us. To give us notice under this agreement, you must contact HoPSoP as follows: (i) by facsimile transmission to +91-8902584253; or (ii) by personal delivery, overnight courier or registered or certified mail to HoPSoP Services, 130/7- Dum dum Road, kolkata-700074. We may update the facsimile number or address for notices to us by posting a notice on the HoPSoP Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided registered or certified mail will be effective three business days after they are sent.
(c) Language. All communications and notices to be made or given pursuant to this agreement must be in the English language.
“Acceptable Use Policy” means the policy currently available at www.HoPSoP.com as it may be updated by us from time to time.
“Account Information” means information about you that you provide to us in connection with the creation or administration of your HoPSoP account. For example, Account Information includes names, usernames, phone numbers, email addresses and billing information associated with your HoPSoP account.
“API” means an application program interface.
“HoPSoP Confidential Information” means all nonpublic information disclosed by us, our affiliates, business partners or our or their respective employees, contractors or agents that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential. HoPSoP Confidential Information includes: (a) nonpublic information relating to our or our affiliates or business partners’ technology, customers, business plans, promotional and marketing activities, finances and other business affairs; (b) third-party information that we are obligated to keep confidential; and (c) the nature, content and existence of any discussions or negotiations between you and us or our affiliates. HoPSoP Confidential Information does not include any information that: (i) is or becomes publicly available without breach of this Agreement; (ii) can be shown by documentation to have been known to you at the time of your receipt from us; (iii) is received from a third party who did not acquire or disclose the same by a wrongful or tortious act; or (iv) can be shown by documentation to have been independently developed by you without reference to the HoPSoP Confidential Information.
“HoPSoP Content” means Content we or any of its affiliates make available in connection with the Services or on the HoPSoP Site to allow access to and use of the Services, including WSDLs; Documentation; sample code; software libraries; command line tools; and other related technology. HoPSoP Content does not include the Services.
“HoPSoP Marks” means any trademarks, service marks, service or trade names, logos, and other designations of HoPSoP and its affiliates that we may make available to you in connection with this agreement.
“HoPSoP Support Guidelines” means the guidelines currently available at www.HoPSoP.com, as they may be updated by us from time to time.
“HoPSoP Site” means www.HoPSoP.com and any successor or related site designated by us.
“Content” means software (including machine images), data, text, audio, video, or images.
“Documentation” means the developer guides, getting started guides, user guides, quick reference guides, and other technical and operations manuals and specifications for the See
www.HoPSoP.com, as such documentation may be updated by us from time to time.
“End User” means any individual or entity that directly or indirectly through another user: (a) accesses or uses Your Content; or (b) otherwise accesses or uses the Service Offerings under your account. The term “End User” does not include individuals or entities when they are accessing or using the Services or any Content under their own HoPSoP account, rather than your account.
“Policies” means the Acceptable Use Policy, the Site Terms, the Service Terms, the Trademark Use Guidelines, all restrictions described in the HoPSoP Content and on the HoPSoP Site, and any other policy or terms referenced in or incorporated into this Agreement. Policies does not include whitepapers or other marketing materials referenced on the HoPSoP Site.
“Service” means each of the web services made available by us or our affiliates, including those web services described in the Service Terms.
“Service Attributes” means Service usage data related to your account, such as resource identifiers, metadata tags, security and access roles, rules, usage policies, permissions, usage statistics and analytics.
Shipping & Delivery Policy
HoPSoP.com is committed to deliver your order with good quality packaging within given time frame. We ship throughout the week, except Sunday & Public holidays. To ensure that your order reaches you in good condition, in the shortest span of time, we ship through reputed courier agencies only.
How the delivery charge is calculated for multiple units?
The shipping charge is specified separately for every product. For multiple products ordered the program adds up the total of all individual shipping charges. Thus, a customer who orders three products is charged the total of all individual delivery charges associated with each product. Thus the delivery fee is calculated separately when a customer orders different products.
Our prices are all inclusive. All taxes are included with the list prices except octroi, if applicable in your region. There will be an Extra Octroi charges for shipment to Kolkata Region.
How long does it take for an order to arrive?
Orders are dispatched within 3 working days or as per the delivery date specified by you at the time of placing the order. Most orders are delivered within 7 to 8 working days. Delivery of all orders will be duly done to the address as mentioned by you at the time of placing the order.
What if I the product is received in damaged condition?
If you think, you have received the product in a bad condition or if the packaging is tampered with or damaged before delivery, please refuse to accept the package and return the package to the delivery person. Also, please call our customer care at +91 8902584253 or email us at email@example.com mentioning your Order ID. We will personally ensure that a brand new replacement is issued to you with no additional cost. Please make sure that the original product tag and packing is intact when you send us the product back.
Cancellation by the Customer:
If unfortunately you have to cancel an order, please do so within 24 hours of placing the order by contacting us at firstname.lastname@example.org. We appreciate if you inform us as soon as possible in case you do not want an order, so that we do not dispatch the order and save on the courier cost and the effort.
If the return is due to an error on our part (incorrect item sent, damaged/defective product), we will replace the product or reimburse the full invoice value as per customer demand. Refund process (if customer requests for refund) will start only after we receive back the product and validate the return.
In both the cases, The Loom will arrange a pick-up from your place (reverse pick-up may not be available on selected pin -codes). Post receipt of the return package, we will proceed to inspect the same. Once approved as an eligible return, we will issue your refund or store credit (as the case may be) of the appropriate amount within 10 days. If however the return is found not eligible for refund, we will courier the same back to you. In either scenario your return issue will be closed within 10 days of our receiving of the return package from you.