HESA App, HESA FinTech App and HESA Ubuntu Gully Buy Application Software Products are owned by HESA Enterprises Private Limited and HESA Technologies Private Limited which are governed by the following terms and condition for use

These terms of use ("TERMS") provide and capture important legal information about the license to the company’s proprietary automated solution referred to as the ‘app’ (as defined below) and the conditions of use of the app. by downloading, installing, accessing, signing up and using Hesa app, Hesa associate confirm and agree to be bound by these terms.

If Hesa associate does not agree to be bound by these terms, Hesa associate should abstain from accessing and using the app. In such case should delete any versions of the app as well as any data downloaded by Hesa associate while using such app.

If Hesa associates continue to use this app, it is deemed that they are agreeing to be bound by these terms, which along with the privacy policy (“privacy policy”) govern Hesa associates relationship with us.

1. DEFINITIONS:

1.1.  “App” shall mean the proprietary web and mobile applications of the Company, namely Hesa App, HESA FinTech and HESA Gully Buy and HESA Ubuntu an online platform that provides a ‘click pe kirana’ service, which facilitates the buying and selling of various Goods (as defined below) by connecting various Vendors (as defined below) with Buyers (as defined below).

1.2.  “Hesaathi”(Also referred to as Hesa Associate) means the Influencer/user who uses our App to do multiple transactions of different types in Financial, Agri and Products as per availability.

1.3.  “Buyer(s)” means the Users who purchase the Goods from the Vendors using the App.

1.3.  “Company”; “Us”; “We”; “Our” shall mean HESA Enterprises Private Limited, a company registered under the Companies Act, 2013 having its registered office at #136 2 nd Floor, Saipuri Colony, Sainikpuri, HYDERABAD-500094, Telangana, India.

1.4.  “Goods” shall have the meaning as ascribed to it in Section 2 hereto.

1.5.  “Medicines” shall mean medicines, including Over the Counter Medications, prescription medicines and other goods generally available at a Pharmacy.

1.6.  “Payment Options” shall mean the third-party payment gateways made available on the App.

1.7.  “Pharmacy(ies)” shall mean a pharmacy, chemist, drug store or medical store registered under the provisions of The Pharmacy Act, 1948 or other applicable laws, which is authorized to sell Medicines.

1.8.  “Registered Practitioners” shall mean any person permitted to practice medicine by the MCI (Medical Council of India) or any regional council for registration of doctor / registered medical practitioners duly authorized by the government.

1.9.  “Services” shall have the meaning as ascribed to it in Section 2 hereto.

1.10.  “User Account” shall be the account, which the Users shall be required to create on the App to avail the services offered by it.

1.11.  “Vendors” shall mean and include the individuals or the retail entities that offer the Goods for sale, through the App.

1.12.  “Hesa associate”; “Hesa associates”; “Users” shall include in its ambit users who install, download and use the App by registering on it, including the Buyers and the Vendors.

2. SCOPE OF THE APP:

The App is a platform that facilitates the buying and selling of various consumer goods (“Goods”) such as groceries, personal care items, etc. by connecting Vendors with Buyers through the App (“Services”).

Buyers shall be able to make a list of Goods that they want to purchase through the App, order from a Vendor, and pay the Vendor directly by cash or by accessing the Payment Options that may be available on Hesa associates mobile. The Vendor shall confirm the items that will be provided and those that are not available at the time of order acceptance. The Vendor shall specify the total amount payable for the items that will be supplied. The Vendor shall endeavor to list the price for each item but is not required to do so. The detailed breakup of the total amount payable may be provided by the Vendor along with the Goods at the time of delivery or pickup. The Buyer shall make payment on or before the time of delivery or at the time of pickup of the Goods in case of payment by cash is opted. Although the App may display information related to the Goods that may be listed by some or all of the Vendors, the Users and Buyers understand and acknowledge that the Company shall not be responsible for the nature or authenticity of the information so provided. Hesa associate understand and acknowledge that Hesa associate’s use of the App is at Hesa associate’s own risk and the Company shall not be liable for any consequences arising from such use.

Hesa associate understand and acknowledge that the Company is merely providing a digital platform in the form of the App on a non-exclusive basis, for facilitating the transactions of buying and selling between the Buyers and the Vendors. Hesa associate understand and acknowledge that the provision of the said platform by the Company does not, in any way, establish the Company as a provider/Vendor of the Goods or delivery services. The Company is not responsible for the timeliness and quality of Goods supplied, invoicing, payments, returns and refund and any other aspect relating to the Goods and the transactions between the Buyers and Vendors.

3. REGISTRATION:

To avail the Services provided through this App, Hesa associate need to complete the registration process on the App signup page. For such registration, Hesa associate shall be required to provide Hesa associate’s mobile number and authenticate it using a One Time Password (OTP) sent to Hesa associate’s mobile by SMS and/or provide Hesa associate’s email address and validate it (the “Account”), for availing the Services through the App (“User Account”). Through this User Account Hesa associate will be eligible for receiving further alerts and instructions related to Hesa associate’s purchases on the App.

4. USER ACCOUNT SECURITY:

Hesa associate will be responsible for maintaining the confidentiality of Hesa associate’s User Account and are fully responsible for all activities that occur under Hesa associate’s User Account. Hesa associate agree to immediately notify the Company of any unauthorized use of Hesa associate’s User Account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from Hesa associate’s failure to comply with this provision.

Hesa associate agree to use the App only: (i) for purposes that are permitted by these Terms; and (ii) in accordance with any applicable law, regulation or generally accepted practices or guidelines. Hesa associate agree not to engage in activities that may adversely affect the use of the App by other Users.

Hesa associate agree not to access (or attempt to access) the App by any means other than through the interface that is provided by the Company. Hesa associate 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 App, or in any way reproduce or circumvent the navigational structure or presentation of the App, materials or any company property, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the App.

Hesa associate acknowledge and agree that by accessing or using the App, Hesa associate may be exposed to content from third parties that Hesa associate may consider offensive, indecent or otherwise objectionable. The Company disclaims all liabilities arising in relation to such offensive content on the App.

5. ACCESS TO THE APP:

By registering for a User Account through the App, Hesa associate represent and warrant that Hesa associates are of the age of majority in the jurisdiction in which Hesa associate reside. Hesa associate agree to:

a. provide accurate, authenticated and true information about Hesa associate’s self;
b. maintain the security of Hesa associate’s passwords and identification,
c. promptly updates the email address and mobile number listed in connection with Hesa associate’s User Account to keep it accurate so that we can contact Hesa associate; and
d. be fully responsible for all actions through Hesa associate’s User Account.

The User confirms that the information provided by the User as on the date of registration on the App, is complete, accurate and up-to-date and if the Company has reasonable grounds to believe that such information provided by the User is untrue, inaccurate or incorrect, the Company reserves the right to suspend or terminate the services to such User. The User acknowledges that the Company has not and will not independently verify the information provided by the User and that the Company shall not be liable for authenticity, accuracy or completeness of any information provided by the User.

The Users may choose not to provide the Seller or the Company with any information including personal information.

The Users may note that if the User chooses not to provide certain information the Vendor may be unable to complete the transactions or deliver the Goods or the Seller may choose not to complete initiated by the User on the App.

Hesa associate must not set up a User Account on behalf of another individual or entity unless Hesa associate are authorized to do so.

No registration with the App deems to make Hesa associate a member, shareholder or affiliate of the Company for any purposes whatsoever, nor shall Hesa associate have any of the rights of statutory members of the Company.

Unauthorized Use; False Information: Hesa associate shall: (i) notify us immediately of any unauthorized use of Hesa associate’s User Account or any other known or suspected breach of security, (ii) use reasonable efforts to stop any unauthorized use of the App or Hesa associate’s User Account that is known to Hesa associate or suspected, and (iii) not provide false identity or information to gain access to or use the App.

6. PRIVACY POLICY:

The Company is committed to responsibly handling the information and data we collect through the App in compliance with our Privacy Policy. Please review the Privacy Policy so that Hesa associates are aware of how we collect and use Hesa associate’s personal information.

The Company hereby informs the Users that, although the Company deploys and implements various security protocols to secure the information provided by the Users, there could be rare instances wherein security of such information may be breached on account of failure of security protocols.

7. COMMUNICATIONS

7.1  We may communicate with Hesa associate via email or SMS on the contact information provided by Hesa associate, for giving Hesa associate certain information or updates regarding the App. We also may post a notice for Hesa associate in the App. When we post notices on the App, we post them in the area of the App suitable to the notice. It is Hesa associate’s responsibility to periodically review the App for such notices.

7.2   Hesa associate agree that, unless other instructions are posted on the App, any notices required to be given under these Terms will be deemed to have been given if delivered by email, or sent by registered mail or by courier, in accordance with the most current contact information Hesa associate have provided to us, and the contact information for Hesa associate to reach us is posted on the App. All notices shall be effective upon receipt, except that email notices shall be effective upon transmission. Hesa associate give Hesa associate’s express consent for us to send Hesa associate such notices, updates, alerts and other promotional materials.

8. TERMINATION:

Notwithstanding any provision of these Terms, we reserve the right, without any notice or liability to Hesa associate, to (a) terminate Hesa associate’s right to use the App or access the Services, or any portion thereof; (b) block or prevent Hesa associate’s future access to and use of all or any portion of the Services; (c) change, suspend or discontinue any aspect of the Services; and (d) impose limits on the Services.

Additionally, Hesa associate’s right to access and use the App terminates automatically upon Hesa associate’s material breach of these Terms.

We may suspend Hesa associate’s access to the Services or require Hesa associate to change Hesa associate’s password if we reasonably believe that the Services have been or are likely to be misused, and we will notify Hesa associate accordingly. We constantly monitor Hesa associate’s account in order to avoid fraudulent accounts. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the App and any other unlawful acts or omissions in breach of these Terms. In the event of detection of any fraudulent action, prior to initiation of legal actions, we reserve the right to immediately delete such account.

If at any time, we notify to Hesa associate that Hesa associate’s access to and/or use of the App or Hesa associate’s account is suspended and/or terminated, Hesa associate must cease and desist from all such access and/or use immediately.

Hesa associate may terminate Hesa associate’s agreement to these Terms at any time by discontinuing Hesa associate’s use of the App. We may terminate the account, and/or remove and discard any of the information posted by Hesa associate without notice, if we believe that Hesa associate have violated or acted inconsistently with these Terms. We may also retain an archival copy of any part of Hesa associate’s Data after termination for our internal business purposes.

Survival: The disclaimer of warranties, the limitation of liability, indemnity and the jurisdiction and applicable laws provisions will survive any termination of these Terms.

9. REFUND & CANCELLATION POLICY:

Once a value is debited from your payment instrument/bank account and you have received the same value in your id, there is no cancellation or refund permitted for such transaction.
However, if in a transaction performed by you on the Hesa Platform, money has been charged to Your card or bank account and a value is not delivered within 24 hours of the completion of the transaction, then You shall inform us by sending an e mail to our customer services e mail address mentioned on the ‘Contact Us’ page on the Hesa Platform.
Please include in the e-mail the following details – value, transaction date and order number. Hesa will investigate the incident and, if it is found that money was indeed charged to Your card or bank account without delivery of the value, then You will be refunded the money within 21 working days from the date of receipt of Your e mail. All refunds will be credited to the instrument that was charged.

10. MISCELLANEOUS TERMS:

Choice of Law and Jurisdiction:

These Terms are governed by and construed according to the laws of India. The acceptance of the Terms shall be deemed to have been given at Hyderabad, Telangana, India and the courts in Hyderabad shall have exclusive jurisdiction to entertain any proceedings in any way relating to or concerning these Terms or any rights, duties, obligations or liabilities of the parties arising under these Terms, to the exclusion of all other courts in India.

No waiver:

The Company’s failure to insist on or enforce strict performance of any of these Terms shall not be construed as a waiver of any provision or right.

Severability:

If any part of these Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions.

No agency relationship:

Hesa associate agree that no joint venture, employment, or agency relationship exists between Hesa associate and the Company as a result of these Terms or due to Hesa associate’s use of the App.

Entire Agreement:

Terms and the Privacy Policy constitute the entire agreement between Hesa associate and the Company relating to this subject matter and supersede any and all prior communications and/or agreements between Hesa associate and the Company relating to this subject matter.

Force Majeure:

In the event that either Party is prevented from performing or is unable to perform any of its obligations under this Term of Use due to force majeure, which is defined to be occurrences beyond the reasonable control of such party committing default, including without limitation and limited to acts of the government authorities, acts of God, fire, flood, explosion, riots, war, labour strikes, sabotage, rebellion, insurrection, mutiny, civil commotion, riot, acts of public enemies or civil disturbance, strike, lockout, or other industrial disturbance, epidemic, pandemics or similar outbreak, affecting a person, any non-discriminatory acts of government, or compliance with such acts, which directly affects that person’s ability to perform its obligations (“Force Majeure”) such nonperformance shall not constitute default hereunder. Provided, however, the User shall give prompt written notice within a period of 7 (seven) days from the date of the force majeure occurrence to the Company. The User shall use all reasonable efforts to avoid or remove such cause of non-performance and shall continue performance hereunder whenever such causes of force majeure are removed. In the event the Force Majeure event continues for a period of 7 (seven) days from the date on which the Company receives the notice from the User as above, the Company shall have the right to terminate these Terms of Use. This provision shall not be construed as relieving either party from its obligation to pay any sum due the other Party.