TERM OF USE
Acceptance of Terms.
Welcome to Hosley Global. By using Hosley Global.com website over the Internet, you indicate your acceptance of the following Terms of Service. Please read them carefully, as they may have changed since your last visit. These Terms of Service apply to all Hosley Global.com online services and features unless otherwise indicated.
1. INTRODUCTION, SCOPE OF SERVICE AND AVAILABILITY.
ProSource India Pvt Ltd maintains this website as a service to the user community that visits the site, subject to these Terms of Service. You are responsible for obtaining any equipment and Internet service necessary to access our website and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this website in whole or in part, at any time and for any reason, without notice. The website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
2. WEBSITE CONTENT.
Users have a personal, non-transferable, non-exclusive right to access and use the Content of this website subject to these terms and conditions. The term “Content” means all information, images, text, links, data, software, or other material accessible through this website, whether created by us or provided by another entity for display on this website.
The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.
3. THE CONTRACT
BY PLACING AN ORDER TO PURCHASE PRODUCTS (ORDER) THROUGH THE WEBSITE, YOU WARRANT THAT:
- You are legally capable of entering into binding contracts; and
- You are at least 18 years old;
- After placing an Order, you will receive an email from Hosley Global acknowledging that Hosley Global has received your order. However, please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to Hosley Global to buy a Product from the third party that offers the Product for sale via the Website (Hosley Global). The contract between Hosley Global and you (Contract) will only be formed when Hosley Global sends you the Dispatch Confirmation.
- Each Contract relates only to those Products whose dispatch Hosley Global has confirmed in the Dispatch Confirmation. Hosley Global shall not be obliged to supply any other Products, which may have been part of your Order until the dispatch of such Products has been confirmed by way of a Dispatch Confirmation.
- As soon as the product is delivered to you, you are responsible for it.
- We want you to be happy with your purchase from us. If you are unhappy with the product in any way (for example if there is obvious damage to the item from transport or packaging damaged during transport) please contact our Customer Service Team on firstname.lastname@example.org as soon as possible.
- For the avoidance of doubt, your contract with Hosley Global relates only to your use of the Website and the Services available therein.
4. PRICES, DELIVERY CHARGES AND PAYMENT
The price of a product shall be as stated on this Website at the time you place your order except in the case of obvious error. We try and ensure that all prices on our Website are accurate but inadvertent errors may occur. If we discover an error in the price of a product you have ordered, we will not be liable to supply that item to you at the stated price, provided that we notify you before we despatch the item to you. In those circumstances, we will inform you of the correct price to you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel no payment will be taken from your card. Prices shown are inclusive of Indian Value Added Tax.
We accept payment by debit or credit card and PayPal only. Payment will be debited from your account at the time of or shortly before despatch of the product to you.
You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. Fraudulent use of credit cards will be reported to the relevant authorities. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be responsible for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
By using this website, you agree to indemnify, hold harmless and defend Hosley Global from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of this website.
6. CONTENT SUBMITTED BY USERS.
- Liability: We are not responsible or liable for the conduct of users or for views, opinions and statements expressed in Content submitted for public display through our website, such as information provided by vendors accessed through our website. We do not prescreen information posted to online discussion forums, blogs, or product reviews. With respect to such forums, blogs, and product reviews, we are acting as a passive conduit for such distribution and are not responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by users are those of the respective author(s) or distributor(s) and not of Hosley Global. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted to this website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to this website.
- Monitoring: We have the right, but not the obligation, to monitor Content submitted to our website in an online discussion forum, blogs, or product reviews to determine compliance with these Terms of Service and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted in any online discussion forum, blog, and product reviews provided through this website. Without limiting the foregoing, we have the right to remove any material that Hosley Global, in its sole discretion, finds to be in violation of these Terms of Service or otherwise objectionable, and you are solely responsible for the Content that you post to this website.
7. USAGE AND PROHIBITED CONDUCT.
By accessing our website, our online social forum, or other service provided through our website, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our website or any related online discussion forum to:
- Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Hosley Global.
- Use a name or language that Hosley Global, in its sole discretion, deems offensive.
- Post defamatory statements.
- Post hateful or racially or ethnically objectionable Hosley Global.
- Post content which infringes another's copyright, trademark or trade secret.
- Post unsolicited advertising or unlawfully promote products or services.
- Harass, threaten or intentionally embarrass or cause distress to another person or entity.
- Impersonate another person.
- Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
- Exploit children under 18 years of age.
- Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.
- Introduce viruses, worms, Trojan horses and/or harmful code to the website.
- Obtain unauthorized access to any computer system through the website.
- Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age).
- Solicit personal information from children under 13 years of age.
- Violate any federal, state, local, or international law or regulation.
- Encourage conduct that would constitute a criminal or civil offense.
8. INTELLECTUAL PROPERTY RIGHTS.
Unless otherwise noted, all Content contained on this website is the property of Hosley Global and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by Indian copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
We do not claim ownership of any Content submitted by users without compensation by Hosley Global and with the expectation that such Content will be made publicly accessible through our website. By submitting such Content, however, you agree to grant us a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content. This license shall remain in effect until we delete the Content from our systems.
9. COPYRIGHT INFRINGEMENT & NOTICES.
If you believe that any materials on this website infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information:
- identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work;
- identification of the material that you believe to be infringing and its location, including a description of the material, its website location or other pertinent information that will help us to locate the material;
- your name, address, telephone number, and email address;
- a statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law;
- a statement that the information in your claim is accurate; and
- a statement that "under penalty of perjury," you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of this website who are repeat infringers.
When you register to participate in an online discussion forum, promotion, or other service offered on this website, you may be required to establish a login id and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account. You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.
11. DISCLAIMER OF WARRANTY.
Under no circumstances will we be liable for any loss or damage caused by your reliance on information in any Content on this website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice, recommendations including “My Beauty score”, "Ask the Expert" or other content available through this website. You are responsible for seeking the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other Content.
ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, Hosley Global DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
12. LIMITATION OF LIABILITY.
IN NO EVENT SHALL Hosley Global BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
13. NO COMMERCIAL USE
This Website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within this site and obtained through purchase from this site. You may not use this site, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own site.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15. LINKS TO THIRD-PARTY WEBSITES.
This website may contain links to non-Hosley Global websites that are provided to you as a convenience. Any outside website accessed from our website is independent from Hosley Global, and we have no control over the content of such websites. We are not responsible for the content of any linked website or for any loss or damage incurred in connection with your use such links or dealings with the operators of such non-Hosley Global websites.
16. NO IMPLIED ENDORSEMENTS.
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Hosley Global of that third party or of any product or service provided by a third party. Likewise, a link to any non-Hosley Global website does not imply that we endorse or accept any responsibility for the content or use of such a website. Hosley Global does not endorse, warrant or guarantee any product or service offered by any third party through this website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.
This Agreement shall be interpreted and construed in accordance with the laws of India. Courts at Bangalore, Karnataka shall have exclusive jurisdiction over any/all claims arising out of this Agreement.
We may terminate any user’s access to our website, including access to any online discussion forum or chat room, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our website.
The failure of any party to enforce any term or provision hereof shall not be construed to be waiver of such term or provision and shall in no way affect the right of such Party thereafter to enforce such term or provision or any term or provision hereof.
If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid, unenforceable or illegal, such provision shall be enforced to the maximum extent possible and the remaining provisions shall remain in full force and effect.
21. ENTIRE AGREEMENT.
This Agreement shall constitute the entire Agreement between the Parties hereto relating to the subject matter thereof, and there are no oral statements, representations, warranties, undertakings or agreements between the Parties except as provided herein. This Agreement may not be amended or modified in any respect except by written instrument signed by the Parties hereto.
22. FOR ADDITIONAL INFORMATION.
If you have any questions about these Terms of Service, please contact email@example.com