These Terms and Conditions, along with privacy policy or other terms (“Terms”) constitute a binding agreement by and between HIBISCUS TECHNOLAB, ( “Website Owner” or “we” or “us” or “our”) and you (“you” or “your”) and relate to your use of our website, goods (as applicable) or services (as applicable) (collectively, “Services”).
By using our website and availing the Services, you agree that you have read and accepted these Terms (including the Privacy Policy). We reserve the right to modify these Terms at any time and without assigning any reason. It is your responsibility to periodically review these Terms to stay informed of updates.
The use of this website or availing of our Services is subject to the following terms of use:
- To access and use the Services, you agree to provide true, accurate and complete information to us during and after registration, and you shall be responsible for all acts done through the use of your registered account.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials offered on this website or through the Services, for any specific purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of our Services and the websiteis solely at your own risk and discretion.. You are required to independently assess and ensure that the Services meet your requirements.
- The contents of the Website and the Services are proprietary to Us and you will not have any authority to claim any intellectual property rights, title, or interest in its contents.
- You acknowledge that unauthorized use of the Website or the Services may lead to action against you as per these Terms or applicable laws.
- You agree to pay us the charges associated with availing the Services.
- You agree not to use the website and/ or Services for any purpose that is unlawful, illegal or forbidden by these Terms, or Indian or local laws that might apply to you.
- You agree and acknowledge that website and the Services may contain links to other third party websites. On accessing these links, you will be governed by the terms of use, privacy policy and such other policies of such third party websites.
- You understand that upon initiating a transaction for availing the Services you are entering into a legally binding and enforceable contract with the us for the Services.
- You shall be entitled to claim a refund of the payment made by you in case we are not able to provide the Service. The timelines for such return and refund will be according to the specific Service you have availed or within the time period provided in our policies (as applicable). In case you do not raise a refund claim within the stipulated time, than this would make you ineligible for a refund.
- Notwithstanding anything contained in these Terms, the parties shall not be liable for any failure to perform an obligation under these Terms if performance is prevented or delayed by a force majeure event.
- These Terms and any dispute or claim relating to it, or its enforceability, shall be governed by and construed in accordance with the laws of India.
- All disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in INDORE, Madhya Pradesh
- All concerns or communications relating to these Terms must be communicated to us using the contact information provided on this website.
1. Acceptance of Terms
Your access to and use of hibiscustechnolab.com (“the Website”) is subject exclusively to these terms and conditions. You will not use the website for any purpose that is unlawful or prohibited by these terms and conditions. If you do not accept these terms and conditions you must immediately stop using the website else it will be termed as your acceptance.
2. General
Hibiscus Technolab will execute the work only where a written order / approved quote/ mutual agreement provided by mail.
3. Changes to Website
Hibiscus Technolab reserves the right to:
3.1 Change or remove (temporarily or permanently) the website or any part of it without notice. Hibiscus Technolab shall not be liable to you for any such change or removal.
3.2 Change these terms and conditions at any time, and your continued use of the website following any changes shall be deemed to be your acceptance of such change.
4. Website Design / Development
Though our maximum effort will be made to ensure that the website and any work done by us is free of errors but Hibiscus Technolab cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it. The web server, website, graphics and any programming code remain the property of Hibiscus Technolab until all outstanding accounts are paid in full. Any work done (unless specifically agreed) by Hibiscus Technolab remain the copyright of Hibiscus Technolab and may only be commercially reproduced or resold with the permission of Hibiscus Technolab.
Hibiscus Technolab cannot take responsibility for any copyright infringements caused by materials submitted by the client.
Hibiscus Technolab will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
Hibiscus Technolab will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
5. Database, Application and E-Commerce Development
Hibiscus Technolab cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Where applications or sites are developed on servers not provided by Hibiscus Technolab, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by Hibiscus Technolab before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Hibiscus Technolab will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
6. Website Hosting
Whilst Hibiscus Technolab offers hosting of websites, no guarantees can be made as to the availability or interruption of this service by Hibiscus Technolab cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service.
Hibiscus Technolab reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial. Fees relating to web hosting or domain names must be paid prior to the expiration date of the said service. If the fees remain unpaid at the time of expiration, Hibiscus Technolab can cancel the said service and not liable for any data lost as a result of the cancellation.
7. Copyright
7.1 All copyright, trade marks and all other intellectual property rights in the website and its content (including without limitation the website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Hibiscus Technolab otherwise used by Hibiscus Technolab as permitted by law.
7.2 In accessing the website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the website for personal, non-commercial home use only.
8. Disclaimers and Limitation of Liability
8.1 The Website is provided on an “AS IS” and “AS AVAILABLE” basis. To the extent permitted by law, Hibiscus Technolab will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the website.
8.2 Hibiscus Technolab makes no warranty that the functionality of the website will be uninterrupted or error free, that defects will be corrected or that the website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
9. Severance
If any of these terms and conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term or condition shall be severed and the remaining terms and conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
10. Payment of Accounts
A deposit may be required from a new client before any work is carried out. In all cases, website hosting fees and any costs incurred by Hibiscus Technolab on behalf of the client are payable in advance and are non-refundable.
It is the Hibiscus Technolab policy that any outstanding accounts for work carried out by Hibiscus Technolab or its affiliates are required to be paid in full, no later than 15 days from the date of the invoice unless by prior arrangement with Hibiscus Technolab. If accounts are not settled or Hibiscus Technolab has not been contacted regarding the delay, access to the related website may be denied. Fees relating to web hosting or domain names must be paid prior to the expiration date of the said service. If the fees remain unpaid at the time of expiration, we will with immediate effect, cancel said service and any data held by said service will be removed.
11. Governing Law These terms and conditions shall be governed by and construed in accordance with the law of India and you hereby submit to the exclusive jurisdiction of the Indian courts.