Terms & Conditions
This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Your use of https://www.hyperxchange.
Terms capitalized herein but not defined shall have the same meaning as given in the Payments, Refunds & Cancellations and Privacy Policies or in the Disclaimer contained in this Website.
Nothing contained herein shall be construed to contradict or override anything contained in the Payments, Refunds & Cancellations and Privacy Policies or the Disclaimer contained in this Website. In case there is a contradiction, the interpretation of HyperXchange shall be final and binding.
HyperXchange is a trademarked brand owned by Yibeal Tradex Private Limited.
Membership, Registration & Eligibility:
Use of the Website constitutes a binding contract between you and HyperXchange under the Indian Contracts Act 1872. Accordingly, persons who are "incompetent to contract" within the meaning of the said Act, e.g. minors, un-discharged insolvents etc., are not permitted to use the Website or transact on it.
While HyperXchange allows you to browse the Website without registering as a “User”, transacting hereon shall require you to register. Wherever registration is requested, you agree to provide HyperXchange with accurate, complete registration information. It shall further be your responsibility to inform HyperXchange of any changes to that information.
Each registration is for a single person only, unless specifically designated otherwise on the registration page. HyperXchange does not permit a) any other person to use the registered sections under your name; or b) access through a single name being made available to multiple users on a network. You shall be responsible for preventing such unauthorized use and for maintaining the confidentiality of your user identification details and password. You shall also be responsible for all activities that occur under your user identification details and password.
If you believe there has been any unauthorized use through your user identification details and password, you must notify us immediately by emailing us at firstname.lastname@example.org
Membership on the Website is free. HyperXchange does not charge any fee for browsing and buying on the Website. However, HyperXchange reserves the right to charge shipping costs, insurance costs, etc. as may be applicable. HyperXchange may also revise its fees from time to time. HyperXchange may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event, HyperXchange reserves the right to introduce fees for the new services offered or amend / introduce fees for existing services. Revisions to the fees shall be posted on the Website and shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to HyperXchange.
Platform for Limited Sale Transactions:
The Website is a platform through which HyperXchange offers to sell used gadgets to the Users. However, HyperXchange is not and cannot be a party to or control in any manner any transaction between you and other Users of the Website.
All commercial / contractual terms, including without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services, are offered on each individual product page.
Your placement of an order on the Website is an offer to accept such commercial / contractual terms to buy the product(s) in the order and it shall not be construed as HyperXchange's acceptance of your offer to buy the product(s) ordered. HyperXchange retains the right to cancel any such order placed by you, at its sole discretion and you shall be intimated of the same by way of an email / SMS. Any transaction price paid by you in case of such cancellation by HyperXchange, shall be refunded to you.
Further, HyperXchange may cancel an order wherein the quantities ordered exceed typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds typical individual consumption. What comprises typical individual consumption quantity limit shall be based on various factors and at the sole discretion of HyperXchange and may vary from product to product.
HyperXchange provides a limited Warranty as to specifics (such as quality, value, saleability, etc) of the products proposed to be sold or offered to be sold or purchased on the Website, the inclusions and exclusions of which are further specified in the Warranty policy. HyperXchange does not implicitly or explicitly support or endorse products of any particular brand, manufacturer, make or model on the Website. HyperXchange accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by HyperXchange be incorrectly reflected and in such an event HyperXchange may cancel such order(s) of yours.
You release and indemnify HyperXchange and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the other Users of the Website and specifically waive any claims that you may have in this regard under any applicable law.
Notwithstanding its reasonable efforts in this regard, HyperXchange cannot take responsibility nor control the information provided by other Users which is made available on the Website. You may find other Users’ information to be offensive, harmful, inconsistent, inaccurate or deceptive. Please use caution and practice safe trading when using the Website.
Advertisement and Sponsorship:
This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. HyperXchange does not check the accuracy of such materials provided, and shall not be responsible for the illegality of or any error or inaccuracy in the advertisers' or sponsors’ materials. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. HyperXchange shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
HyperXchange prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.
This policy extends to text within listings, reviews on User pages and all other areas of the Website that another User may view.
Please report any violations of this policy to the correct area for review:
- Report offensive User Names to email@example.com
- Report offensive language in a listing, review or otherwise to firstname.lastname@example.org
Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning.
HyperXchange will consider the circumstances of an alleged policy violation and the User's trading records before taking action.
Violations of this policy may result in a range of actions, including:
- Limits placed on account privileges;
- Loss of special status;
- Account suspension.
When you use the Website or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
- Using the Website for any purpose in violation of any law in force in any jurisdiction across the world;
- Providing false or misleading information on the user-registration form or impersonating any person;
- Posting material that is in violation of the intellectual property rights of others or of the privacy or publicity rights of others;
- Posting or transmitting any information, data, text, files, links, software, chat, communication or any other materials that are inflammatory, unlawful, harmful, threatening, abusive, invasive of another’s privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or otherwise objectionable to any other person or entity, as determined by HyperXchange in its sole discretion;
- Posting or transmitting any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including, but not being limited to, junk mail, spam, chain letters or any unsolicited mass distribution of e-mail;
- Posting surveys, contests or pyramid schemes;
- Posting improper questions or answers that are not related to the particular topic;
- Posting information containing restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Posting or transmitting any information, data, text, files, links, software, chat, communication or any other material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- Posting or transmitting any information, data, text, files, links, software, chat, communication or any other material that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- Posting or transmitting any information, data, text, files, links, software, chat, communication or any other material that harms or induces others to harm minors in any way;
- Posting or transmitting any information, data, text, files, links, software, chat, communication or any other material that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- Posting or transmitting any information, data, text, files, links, software, chat, communication or any other material that, directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
- Stalking, harassing or otherwise harming others;
- Distributing software viruses, computer code, corrupted files or any other similar files, software or programs designed to interrupt, damage, destroy, or that may have the possibility to limit the functionality of, or cause harm in any manner to, the operation of another’s computer; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- Collecting or storing personal data about other Users of the Website;
- Inducing, enticing, soliciting, recruiting, luring or attempting to induce, entice, solicit, recruit or lure users or members to another website which, according to HyperXchange, is a competitor of HyperXchange;
- Soliciting gambling or engaging in any gambling activity which HyperXchange, in its sole discretion, believes is or could be construed as being illegal;
- Doing or causing anything to be done to insert / upload any virus, corrupted files or any other similar software, malware, adware, spyware or any other programs that may have the ability to damage or harm or affect the operation of the Website or our servers in any manner;
- Using any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website;
- Attempting to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means;
- Probing, scanning or testing the vulnerability of the Website or any network connected to the Website or breaching the security or authentication measures on the Website or any network connected to the Website;
- Reverse looking-up, tracing or seeking to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website;
- Making any negative, denigrating or defamatory statement(s) or comment(s) about HyperXchange, or the brand name or domain name used by HyperXchange, including the terms HyperXchange, Yibeal, HyperXchange.com, or otherwise engaging in any conduct or action that might tarnish the image or reputation of HyperXchange or otherwise tarnish or dilute any trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by HyperXchange.
- Engaging in any activity that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or HyperXchange's systems or networks, or any systems or networks connected to HyperXchange;
- Engaging in any other conduct that inhibits any other person from using or enjoying the services provided by us on the Website;
- Engaging in any other behaviour deemed unacceptable by HyperXchange in its sole discretion, on the Website.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to GST, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of the Website, purchase and solicitation of offers to purchase products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in out sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
In no event may any person or entity solicit any Users with data retrieved from this Website.
Remedies for Violations:
Severability of Provisions:
Termination, Suspension, Limitation of Your Account:
Alternate Dispute Resolution:
It is expressly agreed to and acknowledged by you that any dispute arising out of your use of the Website between you and HyperXchange shall be resolved through a three-step Alternate Dispute Resolution (“ADR”) mechanism.
- Mutual Discussion: The parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both parties. In the event that the parties are unable to reach such an amicable solution within thirty (30) days of one party communicating the existence of a dispute to the other party, the dispute will be resolved by mediation, as detailed herein below.
- Mediation: In the event the parties are unable to amicably resolve the dispute by mutual discussion, said dispute will be referred to mediation to an impartial third person (the ‘Mediator’), to be jointly appointed by you and HyperXchange. The said Mediator shall attempt to establish a dialogue between the parties, and mediate the dispute to the satisfaction of both parties. In the event the parties are unable to reach such a mutually acceptable solution even through mediation, then after thirty (30) days of the commencement of the mediation, the dispute shall be referred to arbitration, as detailed herein below.
- Arbitration: In the event that the parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator, to be appointed by HyperXchange, and the award passed by such sole arbitrator will be valid and binding on both parties. The parties shall bear their own costs for the proceedings. The arbitration shall be conducted in English, and the seat of arbitration shall be the city of Kolkata in the state of West Bengal, India.
It is hereby agreed and acknowledged by both you and HyperXchange that no proceedings shall be instituted in any court of law by either party before the above three steps of ADR have been exhausted but no mutually acceptable solution has been reached.
Applicability of Law, Jurisdiction and Limitation: