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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.
This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules & regulations, privacy policy and Terms of Use for access or usage of a website.
Your use of https://www.hyperxchange.com (the “Website”) for browsing our offerings and / or for transacting hereon constitutes a binding contract with Yibeal Tradex Private Limited (“HyperXchange”) and signifies your agreement to be bound by all of the terms and conditions appearing in this Terms of Use, including the Disclaimer, the Payments, Refunds & Cancellation, Privacy and other policies, which are incorporated herein by reference. If you disagree with any part of these Terms of Use or the other policies incorporated herein by reference, please do not use the Website.
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.
 
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.
You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or HyperXchange has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, HyperXchange shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide you with access to the Website.
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 assist@hyperxchange.com
 
Charges:
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.
 
Profanity Policy:
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:

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:

  1. Limits placed on account privileges;
  2. Loss of special status;
  3. Account suspension.
 
Communications:
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.
 
Prohibited Activities:
You hereby agree and acknowledge that commission of any of the following prohibited activities constitutes a material breach of the Terms of Use:
  • 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.
Solely to enable HyperXchange to use the information you supply us with, so that we are not violating any rights you might have in your information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your information, in any media now known or not currently known, with respect to your information. We will only use your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.
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.
HyperXchange reserves the right, but has no obligation, to monitor the materials posted on the Website. HyperXchange shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that the content posted on the Website does not necessarily reflect HyperXchange views. In no event shall HyperXchange assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Website, subject to the limited warranty provided by HyperXchange as per the Warranty policy. You hereby represent and warrant that you have all necessary rights in and to all content which you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
 
No Solicitation:
In no event may any person or entity solicit any Users with data retrieved from this Website.
 
Unlawful Activity:
HyperXchange reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action we deem fit and proper including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Further, any unauthorized use of this Website may give rise to a claim for damages and/or be considered a criminal offence.
 
Remedies for Violations:
HyperXchange reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access for a particular user / from a particular IP address to our Website and its features.
 
Severability of Provisions:
These Terms of Use incorporate by reference any notices contained on the Website, including but not limited to the Payments, Refunds & Cancellation and Privacy policies, constitute the entire agreement with respect to access to and use of the Website. If any provision of these Terms of Use is held to be unlawful, void or unenforceable by a competent court of law, then the impugned provision shall be deemed severable from the remaining provisions and shall not affect the enforceability and validity of the remaining provisions.
 
Indemnity:
You agree and acknowledge that you shall defend, indemnify, protect and hold free HyperXchange, its subsidiaries, affiliates, teams, members, officers, directors, employees, agents, licensors, suppliers and other partners from and against all claims, actions or demands, loss, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your usage of the Website or resulting from, or alleged to result from, such usage in violation of the Terms of Use or of any laws for the time being in force.
 
Termination, Suspension, Limitation of Your Account:
HyperXchange may, without prior notice, immediately terminate, limit your access to or suspend your account registered with us, any associated e-mail address and access to the Website. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the Terms of Use or other incorporated guidelines, (b) requests by any competent law enforcement or other government agencies, (c) discontinuance or material modification to the Website (or any part thereof), (d) unexpected technical or security issues or problems, and/or (e) engagement by you in fraudulent or illegal activities. You further agree that all terminations, limitations of access and suspensions for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your account, any associated e-mail address or access to our Website. Termination of your account includes any or all of the following: (a) removal of access to all or part of the offerings within our Website, (b) deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof) and (c) barring of further use of all or part of our Website.
 
Modifications to Terms of Use:
HyperXchange reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Website and shall be effective immediately. HyperXchange may send a communication to you intimating you of any changes; however it shall not be mandatory for HyperXchange to do so. You are responsible for regularly reviewing the Terms of Use, and non-communication of the revisions by HyperXchange shall not constitute a valid ground for non-acceptance of the revised Terms of Use. Continued use of the Website after any such changes appear on the Website shall constitute your consent to such changes.
 
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.

    1. 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.
    2. 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.
    3. 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:
HyperXchange and your use of the Website are governed by the laws prevailing in India. Your use of the Website indicates your consent to the exclusive jurisdiction of the appropriate courts in Kolkata, West Bengal in all disputes arising out of or relating to this Agreement, in the event ADR fails. By your acceptance of the Terms of Use, you hereby waive all defenses of lack of jurisdiction, venue or forum non-convenience. Maintenance of the Website by HyperXchange is subject to existing laws and legal processes applicable to the same in India, and HyperXchange may comply with law enforcement or regulatory requests or requirements notwithstanding any term contrary to the Terms of Use, or any other terms, conditions or guidelines appearing in the Website and/or incorporated herein by reference. Any cause of action or claim that you may bring in connection with the Website, including without limitation any Content, must be commenced within the applicable time limits set by the existing laws in India after the claim or cause of action arises, otherwise such claim or cause of action shall be deemed to be barred by way of limitation. In any dispute between you and HyperXchange relating to this Website, you shall not be entitled to any attorneys’ fees, costs and associated expenses.