These terms and conditions of use (“Terms of Use”) of the Website (as defined below) between M/S Order Happiness (hereinafter referred to as “Order Happiness) and the users/ registrants of the Website (“You” or “Your” or “Yourself” or “User”) describe the terms on which order happiness offers you access to the Website and the Services (as defined below) through the Website.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.

YOUR USE OF THE WEBSITE IMPLIES THAT YOU AGREE WITH THE TERMS OF USE.

 

1. General

1.1   www.order happiness.com (“Website“) is an Internet based portal owned and operated by Order Happiness, a company incorporated under the laws of India, with its registered office at 522, Sector 22b, Gurgaon, 120015 Haryana, India. Use of the Website is offered to You conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by order happiness at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.

1.2   order happiness shall not be required to notify You, whether as a registered user or not, of any changes made to the Terms of Use. The revised Terms of Use shall be made available on the Website. Your use of the Website and the Services is subject to the most current version of the Terms of Use made available on the Website at the time of such use. You are requested to regularly visit the home page www.order happiness.com to view the most current Terms of Use. It shall be Your responsibility to check these Terms of Use periodically for changes. order happiness may require You to provide Your consent to the updated Terms of Use in a specified manner before prior to any further use of the Website and the Services is provided on the Website. If no such separate consent is sought, Your continued use of the Website, following changes to the Terms of Use, will constitute Your acceptance of those changes.

1.3   By (i) using this Website or any facility or Service provided by this Website in any way; or (ii) merely browsing the Website, You agree that You have read, understood and agreed to be bound by these Terms of Use and the Website’s Privacy Policy available at the homepage, www.order happiness.com.

 

2. Eligibility to use

2.1   The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the order happiness system by order happiness for any reason whatsoever. If You do not conform to the above qualification, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the Services provided by order happiness through Your legal guardian in accordance with the applicable laws.

2.2   order happiness reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

2.3   You shall not have more than one active Account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.

 

3. User Obligation

3.1   Subject to compliance with the Terms of Use, order happiness grants You a non-exclusive, limited privilege to access and use this Website and the Services provided therein.

3.2   You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by: (a) the Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

3.3   You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the service/product catalogues) that You access on the Website in accordance with Section 4.

3.4   You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by order happiness. You shall not use any deep-link, 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 Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

3.5   You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. order happiness disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in the manner prescribed under Section 9 herein.

3.6   If Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:

Defame, abuse, harass, threaten or otherwise violate the legal rights of others;

Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;

Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;

Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;

Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);

Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any order happiness server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;

Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of order happiness, including any order happiness Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;

Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;

Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.

Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website;

Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of order happiness or other third parties;

Conduct or forward surveys, contests, pyramid schemes or chain letters;

Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

Violate any applicable laws or regulations for the time being in force within or outside India;

Violate the Terms of Use including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere; and

Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.

3.7   You agree that You are solely responsible to order happiness and to any third party for any breach of Your obligations under the Terms of Use and for the consequences (including any loss or damage which order happiness or its affiliates or its vendors may suffer) for any such breach.

3.8   You agree that order happiness may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.

 

4. Use of materials

4.1   Except as expressly indicated to the contrary in any applicable Additional Terms, order happiness hereby grants You a non-exclusive, freely revocable (upon notice from order happiness), non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following conditions:

You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms of Use;

You may not modify or alter product/services catalogues or any other materials available on the Website;

You may not distribute or sell, rent, lease, license or otherwise make the product/services catalogues or any other materials available on the Website available to others; and

You may not remove any text, copyright or other proprietary notices contained in the product/services catalogues or any other materials available on the Website.

4.2   The rights granted to You in the product/service catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The product catalogues or any other materials available on the Website may be copied or retransmitted unless expressly permitted by order happiness.

4.3   Any software that is available on the Website is the property of order happiness or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by these Terms of Use or by the express written permission of order happiness.

 

5. Usage conduct

5.1   You shall solely be responsible for maintaining the necessary computer equipments and Internet connections that may be required to access, use and transact on the Website.

5.2   You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.

5.3   order happiness shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by order happiness with our acquiring bank from time to time

 

6. Intellectual property rights

6.1   The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content“) on the Website is owned and controlled by order happiness and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

6.2   The trademarks, logos and service marks displayed on the Website (“Marks“) are the property of order happiness or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of order happiness, the vendor or the third party that may own the Marks.

6.3   Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from order happiness or thirty party owner of such Content.

 

7. Violation of terms of use

7.1   You agree that order happiness may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if order happiness determines that You have violated these Terms of Use or Additional Terms. You also agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to order happiness, for which monetary damages would be inadequate, and You consent to order happiness obtaining any injunctive or equitable relief that order happiness deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies order happiness may have at law or in equity.

7.2   You agree that order happiness may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or (4) unexpected technical issues or problems.

7.3   If order happiness does take any legal action against You as a result of Your violation of these Terms of Use, order happiness will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to order happiness.

 

8. Governing Law

8.1   These Terms of Use and all transactions entered into on or through the Website and the relationship between You and order happiness shall be governed in accordance with the laws of India without reference to conflict of laws principles.

8.2   You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms of Use or any transactions entered into on or through the Website or the relationship between You and order happiness shall be subject to the exclusive jurisdiction of the courts at New Delhi, India and You hereby accede to and accept the jurisdiction of such courts.

 

9. Report Abuse

In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Website, please report to order happiness support team at support@order happiness.com

 

10. Communication

10.1   You hereby expressly agree to receive communications by way of SMS, e-mails from order happiness relating to Services provided through the Website.

10.2   Newsletters sent monthly at the registered email address.—by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail