TERMS OF USE

TERMS OF USE

  • These Terms of Use (hereinafter referred to as the “Terms”) shall govern the relationship between TruHawk, a company based in the United States of America (USA), having its registered office at Hayward, CA (hereinafter referred to the “Company” or “TruHawk” or “Us” or “Our” or “We”) and you (hereinafter referred to “You” or “Your” or “User” or “Users” or “Customers”) and shall also govern your use of www.truhawk.com and its mobile application (hereinafter referred to as the “Website” or “Site” or “App”).
  • Please read these Terms carefully, as they form the entire agreement between You and the Company.
1. Acceptance of the Terms of Use
    By accessing or using our Website or downloading or accessing or registering on our App in any way or clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that
  • i. You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time at the Website.
  • ii. You are of sound mind and at least 18 years of age, or such other minimum legal age in the jurisdiction in which you reside, in order to form a binding contract with Us. In case you are not of the age of majority as per the laws of the country that you reside in, then you must have the permission of your lawful guardian to use and access the Website.
  • iii. You must not be prohibited from receiving any aspect of our Service under applicable laws
  • iv. We must not have previously disabled your account for violation of law or any of our policies.
2. Provision of Services
  • We are an e-commerce business working on a drop-shipping model, and are operating our business through our Website and Mobile Application. We provide our users a wide range of products – an array of the best possible designs and products to choose from. We also provide products (that include, but are not limited to) cosmetics, furniture, clothes, home décor, sports goods, technical gadgets, etc. We also provide a provision for the customers to rate our products and leave us a feedback. (hereinafter referred to as “Services”)
3. Accounts, Passwords and Security
  • a). In order to use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information, including the contact information and delivery address that you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. Company may suspend or terminate your Account in accordance with these Terms.
  • b). You will also have an option to register through one of your social media accounts, such as Google, in which case, we will collect certain information of yours from such social media account that you give permission to us to collect.
  • c) You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify TruHawk of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. TruHawk cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
4. Drop-shipping E-Platform
  • You agree, understand and acknowledge that TruHawk is an online platform that enables you to purchase products listed on the website at the price indicated therein. You further agree and acknowledge that TruHawk is only a drop-shipper and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the vendors on TruHawk.
5. Use of the Site i. Allowed uses:
    • Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with each of the Services.
    • Material : For the purposes of these Terms, “material” shall mean any text, video, graphics and sound material, published on the Website, whether a copyright of Company, its licensors or any third party. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the Website or App. You must not reproduce any part of Website or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so.
Restricted uses:
  • a) You can’t impersonate others or provide inaccurate information. Also, you may not impersonate someone you aren’t, and you can’t create an account for someone else unless you have their express permission.
  • b) You can’t raise or comment on any political, racist or such other issue which effect’s a person, community or society.
  • c) You can’t attempt to buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials of other users.
  • d) You must not misuse or interfere with the Services or try to access them using a method other than the interface and the instructions that we provide. You may use the Services only as permitted by law and as per the directions provided by us. Unless otherwise expressly stated, you may not access or reuse the Services, or any portion thereof, for any commercial purpose.
  • e) You must not:
    • republish material from this Website;
    • sell, rent or sub-license material from the Website;
    • show any material from the Website in public without our consent;
    • Edit or otherwise modify any material on the Website (other than editing your own content as per the method provided);
    • reproduce, duplicate, copy or otherwise exploit material on our Website for a commercial purpose; or
    • redistribute material from the Website, except for content specifically and expressly made available for redistribution with our written consent and according to our terms;
    • infringe or violate our Intellectual Property Rights or Intellectual Property Rights of our licensors or any third party;
    • We reserve the right to restrict your access to any areas of our Website, or indeed our whole Website, at our discretion.
  • f) You must not use our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
  • g) You must not use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
  • h) You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website, without our express written consent.
6. Feedback
  • At certain times, you might be prompted to provide a feedback for the products delivered to you. In such case, you shall provide your honest and true feedback. You agree not to post anything or perform any act that is deemed to be derogatory, political, immoral, unlawful, inappropriate, objectionable, or that infringes on any third-party rights.
7. Ownership Rights
    • a) TruHawk’s Rights: This Website, App and its content shall remain the sole property of the TruHawk. Your use of or access to this Website or App shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this Website or App or any content published by Us or licensors or third parties. This Website, App and the Content, including but not limited to the layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant IP laws, rules and regulations. Trademarks, trade names and designs appearing on this Website or App are the exclusive property of, or are licensed to the TruHawk and are protected. No use of a trademark, trade dress, trade name or design appearing on this Website or App may be made without the prior, written permission of the TruHawk.
Content published by You:
  • i) The feedback that you share or write may be protected by intellectual property laws. You own the intellectual property rights in any such feedback that you share on the Website or App. Nothing in these Terms takes away the rights you have to your own feedback. You are free to share your feedback (except defamatory one) with anyone else, wherever you want.
  • ii) However, to provide our Services we need you to give us some legal permissions (known as a ‘license’) to use this content/feedback of yours. This is solely for the purposes of providing and improving our Services.
  • iii) Specifically, when you share a feedback that is covered by intellectual property rights, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, and translate your content. However, we do not have any responsibility to use or display any part of your feedback on any part of the Website or App. We retain the right to display the same at our own discretion. For example, if we find it defamatory, misleading or false, we might not display the same.
  • iv) You also give us permission to show your username, profile picture, and other information in connection with accounts.
  • v) You can delete feedback or account individually or all at once by deleting your account.
8.Privacy
  • In order to see what data we collect and how we use or store or share such data, please refer to the detailed privacy policy here.
9. Links to Third-party Sites, Products and Services
  • The Website or App might contain links to third-party websites, products and services, and/or display advertisements for third parties. Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You shall use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. Whenever you click on such links, you are taken to such third-party website, and you get out of the jurisdiction of our Website. Therefore, whenever you click on the links of such third-party websites, and are taken to such website, you shall be governed by the Terms of Use, Privacy policy and other policies of such third-party websites. In case of any damage due to such action, Company shall not be responsible.
10. Payments
  • You agree to pay the for the products that you purchase on our Website or App, and you authorize us to charge your debit or credit card or process other means of payment for those payment. We work with third party payment processing partners to offer you the most convenient payment methods and to keep your payment information secure. Check out our Privacy Policy for more details. However, we do not take any responsibility in any error or loss that you suffer due to such third party payment gateway.
11. Refunds
  • We allow refunds in certain situations. For this, please refer to our Refund Policy to understand when and how we process the returns and refunds.
12. Waiver of Claims
  • a) As we are not the owner of the Products that we provide through our Website or App, and these are merely drop-shipped by the actual vendor, therefore we do not take any responsibility or liability arising out of or in connection with such delivery, products, their quality and usage. We make no guarantees regarding the quality, quantity, accuracy, currency or suitability of any products that is displayed on our Website or App. You agree that TruHawk will not be responsible for any loss or damage incurred as the result of any such purchase. If there is a dispute between you and any vendor or owner of the Product, we are under no obligation to become involved.
  • b) To the maximum extent permitted by the applicable law, you hereby release and forever discharge the TruHawk (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads).
13. Disclaimers
  • The site is provided on an “as-is” and “as available” basis, and Company (and our licensors and affiliates) expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We (and our licensors, affiliates and vendors) make no warranty that the site or product will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe
14. Limitation of Liability
  • a) To the maximum extent permitted by law, in no event shall company (or our licensors or affiliates) be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or inability to use, the site, even if company has been advised of the possibility of such damages. Access to, and use of, the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
  • b) To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to amount of your order in question. The existence of more than one claim will not enlarge this limit. You agree that our suppliers, licensors, vendors or affiliates will have no liability of any kind arising from or relating to this Agreement.
15. Indemnity
    • You acknowledge to defend, indemnify and hold TruHawk, its affiliates, subsidiaries, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, or demand, including reasonable attorneys’ fees, made by a third party, relating to, or arising from:
    • a)Your violation of any third-party right, including without limitation to any right to privacy, publicity rights, defamation or intellectual property rights, including content the user distributes through the services;
    • b)Your wrongful or improper use of the Services, Site or App;
    • Your violation of any applicable laws, rules or regulations or any other applicable law through or related to the use of our Services;
    • Your violation of these Terms or any other policy of Company as associated with the Services;
    • The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of the Services.
    16. Copyright Infringement or Counterfeit Products
    • a)If we are put on notice that your use, action, comment or feedback violates the law or the rights of others (for example, if it is established that it violates intellectual property or image rights of others, or is about an illegal activity), if we discover that your content or behavior is unlawful, inappropriate, or objectionable (for example if you impersonate someone else or harass them), we may remove your feedback from our platform, and/or delete, suspend your account from Website or App.
    • b)Please notify us if you believe any of your intellectual property rights have been infringed on our Website or App, such as if counterfeit products are being sold or DMCA notice. Please email us at support@________________________ for complaints and customer service inquiries.
    17. Governing Law and Dispute Resolution
    • i) Governing Law: The Terms and any dispute arising from the same will be governed by applicable law of the Palo Alto, CA (United States of America).
    • ii) Dispute Resolution : a) If in case, any controversy, conflict or dispute of any nature arises between the User or third party and the Company in connection with the provisions of these Terms, or out of or relating to or in connection with the use of our Website or Services, the parties shall spend at least 15 days to try and use all means to amicably resolve that dispute or conflict or controversy.
    • b) If however, the attempt to settle such a dispute amicably fail, then such controversy, conflict or dispute between the User or third party and Company, shall be referred to the binding expedited Arbitration. The proceeding shall be headed over by a sole Arbitrator, to be solely appointed by TruHawk. The language of Arbitration proceedings (including that of any documents to be submitted therein) shall be English and the seat shall be at Palo Alto, CA (United States of America).
    • c) In case of any dispute as to the Arbitration clause above or in case of enforcement of the Arbitration award, the Parties shall submit to the exclusive jurisdiction of the appropriate court situated in Palo Alto, CA (United States of America).
    18. Notices
    • We may give notice by means of a general notice via electronic mail to your email address as available with Us. If You want to give a notice to Us, You can do so by dropping an electronic mail to ________.
    19. Miscellaneous
    • i) Severability If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.
    • ii) Waiver Our failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Us of any provision or any right it has to enforce these Terms and nor shall any course of conduct between Company and You or any other party be deemed to modify any provision of these Terms.
    • iii) Entire Agreement: The Terms, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire Agreement between TruHawk and You, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our Website.
    • iv) Force Majeure: TruHawk and its vendors will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or Service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, power failures and government-imposed lockdowns or similar restrictions.
    • v) Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at its own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Site after any amendments to the Terms shall constitute your acceptance to such amendments.
    20. Grievance Officer/Designated Representative
    • In the event you have any grievance regarding anything related to these Terms, Privacy Policy or Refund Policy, or with any content or Service of Company, in that case you may freely write your concerns to the Grievance Officer/Designated Officer through your registered email to __________________ or contact him/her on ______________.
    21. Feedback and Information
    • We welcome your questions or comments regarding the Terms. You can write to us via email: support@________________________
    • Last updated by ______ on _______