Terms and conditions
1. Acceptance
1. These Rules and Terms of Service comprises the complete Agreement and Contract between you ("Member") and www.Hojaanede.com (Kwality Wall's - Hindustan Lever Ltd.) in relation to the service/s provided by HUL at its website http://www.Hojaanede.com ("The Site") and supersedes all previous agreements, contracts and communications (oral or written) in this behalf. By completing the online electronic registration process and clicking the "I Accept" button, you bind yourself to the provisions of these Terms and Conditions of Service.
2. Definitions
- "HUL" is a sub-brand of "Kwality Wall's ". Hence the term "Kwality Wall's" is inclusive of "HUL". All the brands, "Kwality" , "Wall's", "Kwality Wall's" and "HUL" belong to HUL. HUL 'Spillurdil' means the company, corporation, firm, individual or association of persons currently administering, providing content for, maintaining and otherwise managing the Site and every employee of HUL and its advertising agent or agents for the time being and their employees, and every consultant, advisor and associate of HUL and their respective employees.
- "Contract", "Agreement" and "Terms of Service" refer to the terms and conditions herein set forth.
- "Employee" means every person working in any capacity for HUL as defined herein and includes every member of his family and every person residing in his household as a member of his family.
- "Hosting", with all its grammatical variations, means and includes the provision of Services by HUL at the site and subject always to the provisions of the Contract.
- "Id" or "Username" means the unique identification name or number assigned to every Member.
- "Member" means and includes every person who, having satisfied the Eligibility Criteria set forth herein, has successfully completed the on-line registration process at the site and has been assigned a unique Id by HUL and is not in default and has not committed breach of any of the terms of this Agreement.
- "Personal Information" means all information about the Member provided to HUL via on-line forms at the site or by any other means of communication, whether electronic, oral or written.
- "Site" with all its grammatical variations refers to the web site hosted on the Internet/World Wide Web with the address of http://www.Hojaanede.com or such other address as may periodically be assigned to or adopted by HUL, Kwality Wall's and HUL.
- "Services" means HUL offers the Member, on an "as-is" and "when available" basis, the opportunity to participate in all contests, promotions, games scheme hosted for the time being on the Site by HUL on behalf of one or more contest providers.
3. Interpretation
- Words conveying the singular shall, where required or appropriate, be deemed to mean and include the plural. Words conveying a particular gender shall be deemed to mean and include the other gender as well.
4. Consideration for Service - In consideration for this Service, the Member hereby:
- Agrees to provide Kwality Walls such current, complete, and accurate information about the Member ("Personal Information") as may be required by Kwality Walls via the Site. Any fictitious identity / representation / information given will absolve HUL of any consequential actions the member takes on the site or elsewhere.
- Agrees maintain and update this information as required to keep it current, complete and accurate.
- Agrees and undertakes to maintain the absolute confidentiality of his Id and not to disclose the same to any other person or entity whatsoever at any time under any circumstances and further agrees and undertakes to forthwith notify Kwality Walls of any breach of the aforesaid confidentiality, loss, misplacement, theft, misuse or abuse of the Id.
- Agrees to abide by and not bypass or attempt to bypass any of the "safeguards" during the process of registration. The safeguards are as follows:
- A unique Authorisation code that will be sent to your cell number only, is not transferable and its safekeeping will be your responsibility. You alone will be responsible for any misuse of the same.
- The cell phone number at the time of using the love code issued by the website will have to be the same number to which the authorisation code was sent to.
5. Right of Modification, Termination and Discontinuance
- At all times, Kwality Walls shall have the absolute right to modify, discontinue or terminate the Service or your membership without assigning reasons for the same, without notice to the Member.
- Is expressly agreed and understood by the Member that Kwality Walls shall not be liable to the Member or to any third party for such modification, discontinuance or termination.
6. Right of Termination of Membership
- If, in the sole opinion of Kwality Walls, the reasons where for Kwality Walls shall not be bound to disclose, the Member has contravened, committed hacking or committed breach of any of the terms of this Agreement, Kwality Walls shall be entitled, without any notice, to terminate the Membership of the Member and to revoke his Id.
- It is expressly agreed and understood by the Member that any breach or default by the Member of any of the provisions of this Agreement shall result in the immediate cancellation of his Membership and revocation of his Id without notice.
- Kwality Walls and its employees shall at no time be in any way liable or responsible to the Member or to any other person for any such cancellation of Membership and revocation of Id, provided that, Kwality Walls shall be entitled to all its rights and remedies against the Member for any loss or damage or prejudice that may have been caused to Kwality Walls on account of any such breach or default by the Member.
7. Indemnity by Member
- The Member agrees and undertakes to indemnify and hereby indemnifies and keeps safe and harmless Kwality Walls from all loss, claim, demand, damage, costs, charges (including legal fees and charges) or prejudice that may be caused on account of the Member's use or misuse or sharing the ID or love-code of the Service offered by Kwality Walls at the site.
- The Member agrees and undertakes to indemnify and hereby indemnifies and keeps safe and harmless Kwality Walls from all loss, claim, demand, damage, costs, charges (including legal fees and charges) or prejudice that may be caused on account of the Member's default or misuse of access or ID or code or breach of any of the terms of this Agreement.
- The content posted by the "Member" will not be the responsibility of Kwality
8. Eligibility Criteria For Contests / Point Redemption
- Participation in every activity/contest hosted by Kwality Walls is voluntary and is restricted to resident Indian Adults Only.
Employees of Hindustan Lever Limited,McCann-Erickson (India) Pvt. Ltd, Virtual Marketing (India) Pvt. Ltd. and their family and relatives are not eligible to participate. However the above mentioned people may participate in any other activity that does not involve a contest or winning a prize / consideration.
- Every Contest hosted by HUL shall also be subject to any local, state, central, federal or community laws regarding the same applicable to every member.
- No purchase of any product is necessary to become a member. You must however be a registered user of the website to participate in any activity.
- Hindustan Lever Limited reserves the right to use the names, photographs and other relevant details of the users or registered members in any publicity it issues in conjunction with the HUL promotions.
- Any participant who is suspected of any act of hacking or misuse of the site would immediately be disqualified from any ongoing promotion or contest.
- Children should take parental guidance for accessing the site or registration .
- Hindustan Lever Limited is not responsible for the quality & delivery of website and or any service therein.
9. Disclaimer and Limitation of Liability - Subject to any applicable statute
- All warranties of any kind whatsoever, whether express or implied, are hereby expressly disclaimed by HUL including, but not limited to, meeting of the Member's requirements or aspirations, timeliness, security, uninterruptedness, error-free, the results or reliability of the Contest, or the delivery, quality, quantity, merchantability, fitness for use or non infringement in respect of any goods, services, emoluments, benefits or awards acquired or obtained through the Service or any transactions effected through the Service.
- The Member expressly agrees that this use of the Service provided by HUL is at the member's sole risk and is governed by the terms of this Agreement.
- No advice or information, whether by representations oral, written or pictorial derived from the Site or through the Service shall be construed to mean the giving of any warranty of any kind by HUL.
- At no time shall HUL be liable to the Member or to any third party for the acts of omission or commission hosted by any member on the Site or for any direct, indirect, incidental, consequential or foreseeable loss, damage, injury, harm, prejudice or costs that that may arise or be caused to the Member by his use of the Service offered by the Site or by termination of membership as provided herein.
10. Interpretation of this Agreement
- The decision of HUL as to the interpretation of any Clause of this Agreement shall be final and binding on the Member.
11. Arbitration
- All disputes and differences between the parties hereto including as to the interpretation of any provision of this Agreement shall be referred to the Sole Arbitration of a person nominated by HUL at Mumbai and the provisions of the Arbitration and Conciliation Act, 1996 will apply to such arbitral proceedings.
12. Copyright
- Unless otherwise specifically noted, the copyright in all images, text and material on the Site belongs to and vests in HUL.
- Unauthorised reproduction of any text, image or other material without the prior written permission of HUL, in any form whether printed or electronic, is strictly prohibited and violations will be prosecuted to the full extent of the law.
13. Applicable Law and Jurisdiction
- This Agreement shall be governed by and construed in accordance with the applicable laws in India.
- All registrants into the site undertake to abide by all the laws of the land.
- Hindustan Lever Limited shall not be responsible for any damages and / or injuries to any persons either directly or indirectly arising out of use of the website and any of it's contents.
This Agreement shall be deemed to have been entered into Bombay (Mumbai), India and the courts in Bombay (Mumbai) alone will have exclusive jurisdiction to entertain any proceedings in any way relating to or concerning this Agreement or any rights, duties, obligations or liabilities arising there under.