Terms & Condition
The domain name www.hotcomfort.co.in (hereinafter called as “the website” , “the site”) is owned by Hot Comfort Vending Solutions Pvt. Ltd. (hereinafter called as “the firm”), a proprietorship firm with a registered office at A/3, Mhatre Plaza, M.G Road, Dahanukarwadi, Kandivali (West). Mumbai, Maharashtra 400067.
Agreement – “Agreement” means the terms and conditions as detailed herein including all the annexures, policies, any further references from time to time to this Agreement and schedules. This Agreement represents the complete and entire agreement between the parties and supersedes any prior agreement, whether written or oral. If you do not agree with the Terms contained in this Agreement, please exit the service now.
Hot Comfort Vending Solutions Pvt. Ltd. Website / Site / App – hotcomfort.co.in or the website or the site or the mobile App means the online shopping portal owned and operated by Hot Comfort Vending Solutions Pvt. Ltd. is the provider of the online platform to the users (as defined below) to navigate through the website and enter into binding agreement to sell and or purchase the products and services listed on the website. The Hot Comfort Mobile App is also governed by the terms and conditions as listed on the website.
You / User / Visitor – Means and includes any person or any entity visiting hotcomfort.co.in and or Hot Comfort mobile App, including buyer, seller, distributor and advertiser which is accessing the products and services listed on this website and / or mobile App.
Eligibility – By accessing hotcomfort.co.in and / or DailyDelgiht mobile App you confirm that you are competent, mature by way of the physical as well as mental age and eligible to enter into a contractual agreement with other competent, mature and eligible person or entity under the applicable laws, rules and regulations. In case of minors, the natural parents or legally appointed guardian may subscribe on the website and or mobile App. In case of minors, the natural parents or legally appointed guardian would be bound by all the terms and conditions, present and future, mentioned under “Terms and Conditions” of Hot Comfort Vending Solutions Pvt. Ltd..
The refund, on non-perishable goods, is governed by our Return Policy
Termination – Hot Comfort Vending Solutions Pvt. Ltd., the proprietorship firm, reserves the right, at its sole discretion, to terminate the access to the products and services listed on the website and or mobile App or any portion thereof at any time without any notice to the user. The User, vendor, buyer can terminate the agreement at any time by fulfilling all the required obligations towards the website and or Mobile App. You agree, upon the registration, to provide to us your accurate and complete details including name, contact address, contact numbers and e-mail ID and to promptly update this information from time to time as needed. In case Hot Comfort Vending Solutions Pvt. Ltd. finds that the information submitted by you is false or fraudulent, Hot Comfort Vending Solutions Pvt. Ltd. has irrevocable right to suspend the subscription to the website and / or mobile app without any prior intimation to you.
Website and Mobile App Access – Upon accepting the terms and conditions of the agreement, you would be provided with a login id / account and password on non-exclusive, non-transferable, limited right to access the Website and / or mobile app and the material provided thereon, for your personal, non-commercial use. The login id / account and password provided to you are strictly for your own personal use, and your subscription is only valid for your personal and, non-commercial use and shall not be shared with others. The information shared with you is for your personal use only and may not be suitable or applicable to others. It would be the User’s responsibility to maintain utmost secrecy about the login details and password and Hot Comfort Vending Solutions Pvt. Ltd. will not be in any manner responsible for the loss of login / account details including the password.
Within our sole prerogative and without prior notice, either written or oral, Hot Comfort Vending Solutions Pvt. Ltd. may discontinue the User’s access to the website and/or Mobile App or already availed subscription, modify or alter any aspect of the Website and or Mobile App, including, but not limited to, (i) restricting the time the Website and/or Mobile App is available, (ii) restricting the quantum of use permitted (iii) restricting or terminating any user’s right to use the Website and/or Mobile App, and (iv) restricting or modifying in any manner any products or services that are available with the daily, weekly, monthly, yearly subscription. Any termination or cancellation or modification of the User’s access to, or use of, the Website and/or Mobile App may be effected without prior notice to the User.
The User will follow utmost discipline while using the website and/or Mobile App in a reasonable and lawful manner. All sorts of communications will not be obscene, indecent or offensive in any way to any other User of the Website and/or Mobile App. The User shall refrain from conduct that would constitute a criminal offense or give rise to a civil liability, or that otherwise violates any law or regulation. Your failure to abide by these Terms may subject you to civil and/or criminal liability as well as immediate termination of the access to the Hot Comfort Vending Solutions Pvt. Ltd. website and/or Mobile App and the prevalent subscription without any refund of any sort.
User Responsibility – The user, including the buyer, understands and accepts to take responsibility towards safety of the delivery person for any threat from humans or from pet animals, including dogs, during the delivery of the products ordered through the website and / or mobile App.
Third Party products and services – Hot Comfort Vending Solutions Pvt. Ltd. may contain links where you may order products and services or other products through our Website and / or Mobile App from other parties (collectively, the “Third Party Sellers”). These links to these Third-Party Sellers are placed only as advertisements and not as an endorsement or recommendation of their product and services by Hot Comfort Vending Solutions Pvt. Ltd.. All matters concerning the sale, services, products, including, but not limited to, purchase terms, payment terms, availability of the products, look and feel of the products, claims made by vendors, warranties, guarantees, maintenance and delivery, or any derived benefits from the use of products or services, are solely between you and the Third-Party Sellers. We do not warrant or represent whatsoever in any manner with regard to any sale, services and other products provided by the Third-Party Sellers or take responsibility thereof even if the links to the same were through hotcomfort.co.in and / or Hot Comfort mobile App. You agree not to consider us as a party to such transactions or be obligated in any manner in such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, to you or any other person involved in or related to the transactions.
COPYRIGHTS – hotcomfort.co.in contains copyrighted material, trademarks, and other proprietary information including, but not limited to, photos, graphics, text, software, music, sound and videos. Hot Comfort Vending Solutions Pvt. Ltd., a Proprietary firm owned by Mr. Jitendra Patil owns all Intellectual Property rights in the collective and entire work placed on the website and / or mobile app. You are prohibited from, and agree not to publish, copy, or in any way exploit, any of the content of the service, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, publication, or commercial exploitation of material accessed or downloaded from www.hotcomfort.co.in will be permitted without the express written consent. You hereby grant to Hot Comfort Vending Solutions Pvt. Ltd. a royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display in India or any other part of the world any content posted by you on www.hotcomfort.co.in and/or Mobile App, in whole or in part. We also reserve our right to use such content for any purpose related to the services and products available on the Website. Hot Comfort Vending Solutions Pvt. Ltd. reserves the right to terminate the access of Users, Visitors, Buyers and Sellers / Vendors who infringe the copyrights of others as well as the website and/or mobile APP. If Hot Comfort Vending Solutions Pvt. Ltd. is notified about the violation of the copywrite of any person, with proof, regarding you copying the literary work of someone else and post it on www.hotcomfort.co.in, we will immediately remove any postings and you would be solely liable for loss and damages, including termination of access to the website and / or mobile app and the prevalent subscription.
Disruption of Services – Hot Comfort Vending Solutions Pvt. Ltd. would make all the efforts to deliver the ordered product or services by the buyer. However, in any case, Hot Comfort Vending Solutions Pvt. Ltd. does not take responsibility for the disruption in the services which are caused by events which are not in control of Hot Comfort Vending Solutions Pvt. Ltd.. Such events including, but not limited to, riots, natural calamities, bandh called by political parties etc.
The User agrees and confirms that laws in relation to the unsolicited communication referred to in the “National Do Not Call Registry” (the “NDNC Registry”) as laid down by the Telecom Regulatory Authority of India will not be applicable for such communication/calls/ SMSs received from Hot Comfort Vending Solutions Pvt. Ltd., its employees, agents and/or associates.
Indemnification – The User agrees to indemnify Hot Comfort Vending Solutions Pvt. Ltd., its Proprietor and its affiliates, employees, agents and representatives, and to hold them harmless from any and all claims and liabilities or loss (including legal fees) that may arise from your postings, or from your use of services/product/material obtained through hotcomfort.co.in and/or the Hot Comfort Mobile App, or from your breach of this Agreement, or from your use of www.hotcomfort.co.in online service.
Dispute Resolution – For any kind of dispute with regard to the quality, quantity, availability, price, appearance, packaging, transportation of the products and servicing listed on the hotcomfort.co.in and/or Hot Comfort Mobile App, the User has to take up the dispute directly with the vendors listed on the Hot Comfort Vending Solutions Pvt. Ltd. website and/or Mobile App. Accordingly the dispute resolution would be according to the terms and conditions of the individual vendor.
Jurisdiction – You agree that this Agreement shall be governed by and construed in accordance with the laws of India and jurisdiction for any legal action or proceeding shall be with courts in MUMBAI only. You expressly agree to submit to the venue of MUMBAI courts.
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