Terms of Service Agreement
TI Cycles Of India (“TICI”) is the licensed owner of the brand HERCULES and the website Hercules.com(”The Site”). As a visitor to the Site/ Customer you are advised to please read the Term & Conditions carefully. By accessing the services provided by the Site you agree to the terms provided in this Terms & Conditions document.
As part of the registration process on the Site, HERCULES may collect the following personally identifiable information about you: Name including first and last name, email address, mobile phone number and contact details, Postal code, Demographic profile (like your age, gender, 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.
License & Site access:
HERCULES grants you a limited sub-license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of HERCULES. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of HERCULES. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site or of HERCULES and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Site’s or HERCULES name or trademarks without the express written consent of HERCULES. Any unauthorized use terminates the permission or license granted by HERCULES.
Account & Registration Obligations:
All shoppers have to register and login for placing orders on the Site. You have to keep your account and registration details current and correct for communications related to your purchases from the site. By agreeing to the terms and conditions, the shopper agrees to receive promotional communication and newsletters upon registration.
All the products listed on the Site will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. Although prices of most of the products do not fluctuate on a regular basis but some of the commodities might change on a informed basis. In case the prices are higher or lower on the date of delivery not additional charges will be collected or refunded as the case may be at the time of the delivery of the order.
Shopping on Hercules.com is supported & executed by TRACKANDTRAIL.IN & its service providers & is available for customers in India.
Tracking Your Order:
You can track your order in Your Orders section of the TRACKANDTRAIL.IN site/app.
Estimated Delivery Windows:
Your delivery progress tracker may include an Estimated Delivery Window. When available, the Estimated Delivery Window will also be visible in Your Orders and notifications. Estimated Delivery Windows are usually between 7-10 business days during which you can expect to have your order delivered. They are designed to give you a more up-to-date picture of when you can expect to have your order. As these delivery windows can be affected by external factors such as traffic, natural calamities they are not guaranteed and may be subject to change. The delivery can be completed before or after this estimated window.
Return & Refunds:
We have a “return and refund policy” which entitles all our members to return the product at the time of delivery if due to some reason they are not satisfied with the quality of the product. We do require a photo or video of the defective product as evidence prior to issuing a replacement. To receive a refund, we require that you mail in the faulty product to email@example.com. We will take the returned product back with us and refund the value of the return products which will be credited to your account.
You Agree and Confirm:
1. That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by HERCULES for redelivery shall be claimed from you.
2. That you will use the services provided by the Site, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Site. .
3. You will provide authentic and true information in all instances where such information is requested of you. HERCULES reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), it has the right in its sole discretion to reject the registration and debar you from using the Services and / or other affiliated websites without prior intimation whatsoever. .
4. You authorise HERCULES to contact you for any transactional purposes related to your order/account. .
5. That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site. .
6. That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects. .
7. That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.
You may not use the Site for any of the following purposes:
1. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
2. Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
3. Gaining unauthorized access to other computer systems.
4. Interfering with any other person’s use or enjoyment of the Site.
5. Breaching any applicable laws;
6. Interfering or disrupting networks or web sites connected to the Site.
7. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
We have made every effort to display the colours of our products that appear on the Website as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.
Modification of Terms & Conditions of Service:
HERCULES may at any time modify the Terms & Conditions of Use of the Website without any prior notification to you. You can access the latest version of these Terms & Conditions at any given time on the Site. You should regularly review the Terms & Conditions on the Site. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the Service. However, if you continue to use the Service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Site.
Governing Law and Jurisdiction:
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Chennai shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by HERCULES and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Chennai. The High Court of judicature at Chennai alone shall have the jurisdiction and the Laws of India shall apply.
Reviews, Feedback, Submissions:
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Site on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain the property of HERCULES. Such disclosure, submission or offer of any Comments shall constitute an assignment to HERCULES of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, HERCULES owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. HERCULES will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. HERCULES is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. Please note all reviews submitted by customers are subject to checks and moderation by our content Team. HERCULES reserves the rights to moderate as well as publish/not publish the reviews. HERCULES reserves the rights to solicit or withhold reviews and ratings with no liability. HERCULES reserve the right to accept, reject, moderate, monitor & edit or remove any comment. You grant HERCULES the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make, and you agree to indemnify HERCULES and its affiliates for all claims resulting from any Comments you submit. HERCULES and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Copyright & Trademark:
TI Cycles of India and HERCULES , its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site/App. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of HERCULES or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to HERCULES from HERCULES. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of HERCULES and/or HERCULES . You may not modify, distribute or re-post anything on this website for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of HERCULES, its affiliates, its partners or its suppliers. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner. References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply HERCULES endorsement, sponsorship or recommendation of the third party, information, product or service. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. All software used on this Website is the property of HERCULES or its licensees and suppliers and protected by Indian and international copyright laws. The Contents and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by HERCULES, one of its affiliates or by third parties who have licensed their materials to HERCULES and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Website is the exclusive property of HERCULES and is also protected by Indian and international copyright laws.
You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, HERCULES and/or its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
You agree to defend, indemnify and hold harmless HERCULES, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to HERCULES or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
This User Agreement is effective unless and until terminated by either you or HERCULES. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. HERCULES 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 HERCULES. Upon any termination of the User Agreement by either you or HERCULES, 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. HERCULES’s right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.
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