Terms and Conditions with Users

This Agreement is entered between M/s. Devi & A. V. Polymers, (hereinafter referred to as “HYDE NOTHING”), and ‘You’ (hereinafter referred to as “You/User”) as the user of the website “info@hydenothing.in” (“Website”) 

The terms and conditions set out in this Agreement shall be valid and enforceable from the date of its acceptance by the User. The terms and conditions of sale are available here. 

NOW, THEREFORE, in consideration of covenants set forth herein, the Parties, out of their free will and consent, have entered into this Agreement and the Parties intending to be legally bound, hereby agree as follows:

• Agreement Documents: This Agreement is the entire agreement between HYDE NOTHING and the User with respect to the use of the and / or access to the Website. User’s access to or use or navigation or surfing or the like of the Website for any of the offered goods and services or otherwise shall mean User’s acceptance of these terms and conditions (including Exhibits). 
• Confidentiality: HYDE NOTHING is not collecting personal information of any User except for generic information to analyse customer shopping patterns and website usage etc. This data will be retained only for internal analysis.   
• Ownership of Materials and Restrictions: All content on this Website, including site layout, screen designs, software, images (including fictional characters and story-line depiction), photographs, text, logos, data, graphics, audio, video clips, icons, services and other similar materials (collectively, “Materials”) are the Properties of HYDE NOTHING or licensed to HYDE NOTHING for limited use and are protected under the patent, copyright, trademark and all other intellectual property laws. The User cannot copy, display, distribute, modify, publish, reproduce, store, transmit, create derivative works from, or sell or license all or any part of services and /or materials obtained from our site in any medium or manner to anyone. No part of the site may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of HYDE NOTHING. The User cannot use the contents of the Website to publish or distribute any information (including software or other content/material) which is illegal, which violates or infringes upon the rights of any other person, which is abusive, offensive, profane, pornographic, threatening, or vulgar, which contains errors, viruses or other harmful components, or which is otherwise actionable at law. HYDE NOTHING reserves the right to exercise editorial control over the content/ material that is submitted or distributed through its Website The User cannot use the Website to download and re-distribute or share public information for personal gain or use the Website and/or services to distribute multiple copies of public domain information. All Materials on this Website, in whole and in part, including by way of example trademarks, domain names, designs and models, patents and copyright, are protected and in the sole ownership of (or licensed to) HYDE NOTHING. All rights are reserved, worldwide. 

All trademarks, trade names, logos and other distinctive designs and signs which are reproduced on the Website, whether registered or not, are trademarks or service marks of (or licensed to) HYDE NOTHING. 

• Third party links or links to other websites: This Website may contain links to other Internet Websites or resources only for the convenience of the User. HYDE NOTHING is not responsible for the availability or content of these external Website, nor does it endorse, warrant or guarantee the products, services or information described or offered at these other Websites/Mobile application. HYDE NOTHING shall not be responsible for the contents, privacy practices or policies of such third party Websites/Mobile application and the privacy policies of this Website shall not apply to those Websites or to any information collected otherwise by any third party, nor shall be liable for any loss, damage or claim in relation to the same.
• Disclaimer of Warranty: HYDE NOTHING expressly disclaims warranties of any kind for any use of or any access to the Website and/or for any material, information, links, or content presented on this Website, to any external Website linked thereto, and to any external material, information, links, or content linked thereto. Neither HYDE NOTHING or its affiliates, gives any warranty whatsoever, including without limitation, that the operation of the Website will be uninterrupted or error-free; including the server that makes it available, is free from viruses or other harmful components; as to the results that may be obtained from the use of the content or other materials on the Website; or as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement or operation of any content, product or service provided on or accessible from the Website. This Website and all Indications, content, products and services included in or accessible from this Website (including but not limited to any third-party information) are provided “as is” basis and without warranties or representations of any kind (express, implied and statutory, including but not limited to the warranties of title and non-infringement and the implied warranties of merchantability and fitness for a particular purpose), all of which HYDE NOTHING disclaims to the fullest extent permitted by law. The use of the Website is at the User’s own risk. HYDE NOTHING will put in best efforts to ensure the best quality of the Goods are delivered to the User. However, HYDE NOTHING will not be responsible for the quality of Goods offered on this Website. 
• Limitation of Liability: Only for breach or default by HYDE NOTHING of any of the provisions of these terms and conditions, HYDE NOTHING’s entire liability, regardless of the form of action, whether based on contract or tort or otherwise (including negligence), will in no event exceed the cost of Goods paid to HYDE NOTHING by the User, under this agreement during last 12 months from date of cause of action. To the fullest extent permitted by law, in no event and under no circumstances and under no legal theory, tort, contract, or otherwise shall HYDE NOTHING and/or its Officers, Partners, Employees be liable, for special, incidental, indirect, or consequential losses or damages of any kind (including but not limited to, loss of business, loss of revenue, loss of profits, loss of data, failure to realize expected profits or savings or other commercial or economic loss of any kind) arising out of any access to or any use of or any inability to access or use of this Website. 
• Intellectual Property: HYDE NOTHING has created, acquired or otherwise has rights in, and may, in connection with the performance of services hereunder, employ, provide, modify, create, acquire or otherwise obtain rights in, various concepts, ideas, methods, methodologies, procedures, processes, know-how, and techniques; models (including, without limitation, function, process, system and data models); templates; the generalized features of the structure sequence and organization of software, user interfaces and screen designs; consulting and software tools and utilities and routines (collectively, the “HYDE NOTHING Intellectual Property”). HYDE NOTHING shall continue to own all right, title and interest in all patents, trademarks, copyrights, confidential information, trade secrets, and other intellectual property rights as it owned on the effective date of this agreement. No license under any patents, trademarks, copyrights, confidential information, trade secrets, or other intellectual property rights is granted or implied by either party. The User shall acquire no right or interest in such intellectual property. Nothing in this agreement shall be construed as precluding or limiting in any way the right of HYDE NOTHING to sale or supply or provide Goods of any kind or nature whatsoever to any person or entity. In addition, and notwithstanding anything herein to the contrary, the User acknowledges and agrees that (a) HYDE NOTHING will own all right, title, and interest, including, without limitation, all rights under all patents ,trademarks, copyright, and other intellectual property laws, in and to HYDE NOTHING Intellectual Property, and (b) HYDE NOTHING may employ, modify, disclose, and otherwise exploit the HYDE NOTHING Intellectual Property (including, without limitation, providing Services or creating programming or Systems for other customers / clients/users) as it may deem fit from time to time.
• Disclaimer: 
  • Nothing on this Website shall be construed as conferring any license under any of HYDE NOTHING’s or any third party’s intellectual property rights, whether by estoppels, implication, or otherwise.
  • Your use of the Website is at your own sole and exclusive risk. 
• User and Conduct:
  • The User represents that he/she is not under any legal or other disability which limits his/her ability to comply with these above Terms and Conditions of use, and any other relevant terms hereto.
  • User agrees not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Goods, from the Website for any commercial purposes.
  • While it is HYDE NOTHING’s objective to make the Website accessible at all times, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance or get corrupted or security threats or hacking or quarantine restrictions due to bugs, etc. User understands and acknowledges that due to circumstances both within and outside of the control of HYDE NOTHING, access to the Website may be interrupted, suspended or terminated from time to time.
  • HYDE NOTHING shall have the right to make suitable changes in the Website due to up-gradation of technology or technical inventions or business practices.
  • HYDE NOTHING shall have the right, but not the obligation, to monitor the content of the Website at all times and to delete any disputed or unauthorized or other content at its sole discretion at any time.
  • HYDE NOTHING does not take the responsibility of any loss or claim for reimbursement or compensation arising out of any information shared/maintained by it, or the other Users on the Website.
  • HYDE NOTHING may change the format and content of the Website at any time or suspend its operation for support or maintenance work at its sole discretion, in order to update the content or make the Website more effective.
  • HYDE NOTHING reserves the right to modify these Terms and Conditions at any time and the Users to review it frequently on the Website.
  • Unauthorized Transactions: HYDE NOTHING will not be liable for any unauthorized transactions and / or related losses that occur due to or during the use of Website by the Users for the Goods being provided by HYDE NOTHING. Any reliability or implementation on information which may arise by using this Website is the sole responsibility of the Users involved.
• Unintended Disruption: HYDE NOTHING will not be liable for any loss, damage, claim or delay arising out of its failure (or that of its consultants or subcontractors or licensors) to perform hereunder due to causes beyond its reasonable control, including without limitation, acts or omissions of Users, any error, interruption, deletion, defect, or delay in operation or transmission, communication, line failure, data theft or destruction, or unauthorized access to, or alteration of the User communications whether caused by Act of God or deliberate attempts of third parties to gain unauthorized access or otherwise. HYDE NOTHING shall not be responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, cloud services, computers equipment, software; failure of email or SMS services, on account of technical problems or traffic congestion, including injury or damage to its User and/or Registered members or to any other person’s computer or other instruments or equipment related to or resulting from participating with the Website and/or in connection with this Website.
• Disclaimer and Privacy Policy: I have read the Disclaimer and Privacy Policy mentioned on this Website.
• Indemnification: To the fullest extent permitted by applicable law, the User indemnifies HYDE NOTHING, its group companies, affiliates, subsidiaries, shareholders, directors, employees, representatives, agents, suppliers, subcontractors, consultants, advisors, channel partners and advertisers harmless from any claim or demand by third parties and resulting liabilities, losses, damages, compensation, costs and expenses (including reasonable legal costs and attorney’s fees) which may arise out of or resulting from any default, negligence or breach of any of his / her obligations or covenants contained in this Agreement or Terms and Conditions of use of the Website from any direct, indirect, incidental, special, consequential, punitive damages and shall settle all claims with respect thereto at its own costs. The User indemnifies HYDE NOTHING for all the liabilities under this subparagraph.
• Dispute Resolution: HYDE NOTHING will attempt in good faith promptly to resolve any dispute arising hereunder by negotiations. If unsuccessful, HYDE NOTHING will attempt in good faith to settle the dispute by non-binding third-party mediation, with mediator fees and expenses apportioned equally to each side. Any dispute not so resolved by negotiation or mediation may then be submitted to the sole Arbitrator to be appointed by the HYDE NOTHING and the Act and Rules of The Arbitration and Conciliation Act, 1996 (as amended) shall apply and the award made in pursuance thereof shall be binding on the Parties. The venue of the Arbitration shall be Kolkata only and the proceedings of the Arbitration shall be conducted in English. These procedures are the exclusive procedures for the resolution of all disputes between the Parties.
• Governing Law and Jurisdiction: All disputes arising under this agreement will be governed by and interpreted in accordance with the Laws of India and the User agree that all the disputes will be subject to the exclusive jurisdiction of the Courts at Kolkata.
• Miscellaneous:
  • Amendment of the Agreement: HYDE NOTHING may at any time amend the terms and conditions of this Agreement without any prior notice to the User. However, a notice to that effect shall be displayed on the Website itself. The amended terms shall be effective and binding upon the User/Subscriber/Registrants with their full force.
  • Assignment: This Agreement and the rights and liabilities hereunder shall bind and inure to the benefit of the respective successors and permitted assigns of the Parties. The User shall not assign or transfer any of its rights, facilities and liabilities hereunder to any other Person without the prior written consent of HYDE NOTHING.
  • No Partnership or Agency: Nothing in this Agreement (or any of the arrangements contemplated by it) shall be deemed to constitute the other party as its agent, partner, joint venture, or legal representative, and no party has express or implied authority to commit or to bind the other party in any manner whatsoever.
  • Severability: Any covenant or provision of this agreement determined to be void or unenforceable in whole or in part will be deemed not to affect or impair the validity or enforceability of any other covenant or provision.
  • Waiver: Any waiver, express or implied, or the taking of deferred action by HYDE NOTHING of any breach by the User of any of the provisions of this Agreement will not operate as a waiver with respect to that or any similar or other breaches of this agreement.

Declaration:

Applicable for all: I hereby, as a User of the Website, have carefully read and agree to all the above said terms and conditions before using the Website. By using this Website, I am accepting to be bound by the provisions of these terms & conditions.

Applicable for persons under the age of 18 yrs.: I hereby as a User declare that my parents / legal guardians are aware of my visiting / using the Website and the permission has been granted by them to use the Website under their active surveillance. I affirm to abide by and comply with terms and conditions, obligations, affirmations, representations, and warranties set forth herein. All monetary transactions will be made by my parents / legal guardians themselves. IF YOU DON’T HAVE THE SAID REQUISITE PERMISSION, YOU MUST PLEASE STOP USING THIS WEBSITE

User agrees to be financially responsible for all of User’s access of the Website and use of the Website and its services [as well as for use of User’s account by others, including without limitation children (minors)].