Terms of service

OVERVIEW

This website is operated by Himkhand.com. The legal entity is MyBlackTree India Private Limited. Throughout the site, the terms “we”, “us” and “our” refer to Himkhand.com.

Himkhand.com offers this website, including all information, content, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here (collectively, the “Services”).

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

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SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state/province/country of residence, or that you are the age of majority and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

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SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the website through which the Services are provided, without express written permission by us.

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SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary or more accurate sources.

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes.

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SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.

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SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Refund Policy (available on our website).

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your device display will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

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SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store, and you agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.

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SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion.

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SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Services may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us.

We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites.

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SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send us creative ideas, suggestions, proposals, plans, reviews, or other materials (“comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

We take no responsibility and assume no liability for any comments posted by you or any third-party.

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SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy (available on our website).

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SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

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SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any laws; (d) to infringe intellectual property rights; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information; (g) to upload malware; (h) to collect or track personal information of others; (i) to spam, phish, crawl, scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent security features.

We reserve the right to terminate your use of the Services or any related website for violating prohibited uses.

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SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free.

You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and services delivered to you through the Services are provided “as is” and “as available” for your use.

In no case shall Himkhand.com, MyBlackTree India Private Limited, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise.

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SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Himkhand.com and MyBlackTree India Private Limited, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third-party.

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SECTION 15 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms.

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SECTION 16 – TERMINATION

These Terms of Service are effective unless and until terminated by either you or us. We may terminate this agreement at any time without notice if in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms.

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SECTION 17 – ENTIRE AGREEMENT

These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals.

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SECTION 18 – GOVERNING LAW & JURISDICTION

These Terms of Service shall be governed by and construed in accordance with the laws of India.

All international transactions are governed exclusively by Indian law, with jurisdiction at Hajipur Civil Court (Bihar).

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SECTION 19 – CHANGES TO TERMS OF SERVICE

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check this page periodically for changes.

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SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at:

Email: himkhandofficial@gmail.com
Alternate Email: info@myblacktree.com

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LEGAL ENTITY & ADDRESS

Himkhand.com
MyBlackTree India Private Limited
CIN: U52100BR2021PTC053841 | GSTIN: 10AAOCM9305K1ZC

Address:
Cipet Industrial Area Road,
Near Shanti Asiatic School,
Hajipur, Bihar – 844102, India