HOMESE – TERMS OF SERVICE
Welcome to HomeSe! By signing up for a HomeSe Account (as defined in Section 1 below) or by using any HomeSe Services (as defined below), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
As used in these Terms of Service, (“we”, “us”, “our” and “HomeSe”) means Masalabox Food Network Private Limited , and “you” or “User” means any natural or legal person who (a) visits our Platform for the purpose of browsing; or (b) merchants/Chefs using the Platform to power their businesses (c) Customers who buy products sold on the Platform; or (c) Users of any system set up on the Platform to provide a better consumer experience (Assistant / Chats / Pop-ups chat boxes etc.); and (d) Anyone contacting customer-services. The term “Platform” shall mean the web application and corresponding mobile application called HomeSe.
The services offered by HomeSe under these Terms of Service include various products and services that enables merchants/chefs (“Chefs”) to build their own online presence on the HomeSe platform and helps them to sell their goods and services to customers, whether online (“Online Services”), in person (“POS Services”), or both. The Online Services and/or POS Services offered by HomeSe are collectively called (“Service(s)”). Any new features or tools which are added to the current Services will also be subject to the Terms of Service.
To perform, access and use the Services, you must register for a HomeSe account (“Account(s)”). To complete your Account registration, you must provide us with your full legal name, business address, phone number, a valid email address, and any other information indicated as required. HomeSe may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.
You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
Chefs confirm that they are performing any Services provided on the Platform for the purposes of carrying on a business activity and not for any personal, household or family purpose.
You acknowledge that HomeSe will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you (“Primary Email Address”). You must monitor the Primary Email Address you provide to HomeSe and your Primary Email Address must be capable of both sending and receiving electronic messages. Your email communications with HomeSe can only be authenticated if they come from your Primary Email Address.
You are responsible for keeping your password secure. HomeSe cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
Technical support in respect of the Services is only provided to HomeSe Users. Questions about the Terms of Service should be sent to HomeSe Support at email@example.com.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services, or performance of the Services without the express written permission by HomeSe.
You agree not to work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services.
You agree not to access the Services or monitor any material or information from the Services using any robot, spider, scraper, or other automated means.
You understand that your Materials (defined below) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. (“Materials”) means Your Trademarks, copyright content, any products or services you sell through the Services (including description and price), and any photos, images, videos, graphics, written content, audio files, code, information, or other data provided or made available by you or your affiliates to HomeSe or its affiliates.
You are responsible for your Account, the Materials you upload to the HomeSe Platform and the operation of your HomeSe Store (defined below). If you violate HomeSe Terms of Service we may cancel your service access. If we need to reach you, we will communicate via the Primary Email Address.
The person signing up for performing the Services by opening an Account will be the contracting party (“Store Owner”) for the purposes of our Terms of Service and shall be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Services. You are responsible for ensuring that the name of the Store Owner (including the legal name of the company that owns the Store, if applicable) is clearly visible on the Store’s website.
If you are signing up for performing the Services on behalf of your employer, your employer will be the Store Owner. If you are signing up for performing the Services on behalf of your employer, then you may use your employer-issued email address (if provided) and you represent and warrant that you have the authority to bind your employer to our Terms of Service.
Your HomeSe Store can only be associated with one Store Owner. A Store Owner may have multiple HomeSe Stores. The term “Store” means the online store (whether hosted by HomeSe or on a third-party website) or physical retail location(s) associated with the Account.
The Store Owner is responsible for: (a) ensuring it’s employees, agents, consultants, representatives and subcontractors (in the event a Store Owner gives access to a subcontractor use its Account, the same shall be notified to HomeSe in writing) shall comply with these Terms of Service; and (b) any breach of these Terms of Service by the Store Owner’s employees, agents, consultants, representatives and subcontractors. The Store Owner acknowledges and agrees that Store Owner will be responsible for the performance of all of its obligations under the Agreement, regardless of whether it sublicenses or subcontracts any such obligations to any third party, including but not limited to any affiliates or subsidiaries of Store Owner.
Upon completion of sign up for the Services, HomeSe will create a RazorPay Express Checkout account on your behalf, using your Primary Email Address.
You acknowledge that RazorPay Express Checkout will be your default payments gateway and that it is your sole responsibility as the Store Owner to maintain this account. For the avoidance of doubt, RazorPay Express Checkout is a Third-Party Service, as defined in Section 9.1 of these Terms of Service.
By using RazorPay on your Store, you are agreeing to be bound by the RazorPay Terms and Conditions, as they may be amended by such Third Party from time to time. Such amendments to the RazorPay Terms are effective as of the date of posting. Your continued use of RazorPay on your Store after the amended RazorPay Terms are posted constitutes your agreement to, and acceptance of, the amended RazorPay Terms.
The Services have a range of features and functionalities. Not all Services or features will be available to all Merchants at all times and we are under no obligation to make any Services or features available in any jurisdiction. Except where prohibited in these Terms of Service or by applicable law, we reserve the right to modify the Services or any part thereof for any reason, without notice and at any time.
HomeSe does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from any part of the Services, including if we determine in our sole discretion that the goods or services that you offer through the Services, or the Materials uploaded or posted to the Services, violate these Terms of Service.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any HomeSe employee, member, or officer will result in immediate Account termination.
We reserve the right to provide our Services to your competitors and make no promise of exclusivity. You further acknowledge and agree that HomeSe employees and contractors may also be HomeSe customers or merchants and that they may compete with you, although they may not use your Confidential Information (as defined in Section 6) in doing so.
In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, or confirmation of your status as an employee of an entity.
HomeSe reserves the right to determine, in our sole discretion, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, HomeSe reserves the right to temporarily suspend or disable an Account until resolution has been determined between the disputing parties.
HomeSe has the right to control who we make our Services available to and we can modify them at any time. We also have the right to refuse or remove Materials from any part of the Services, including your Store. We may offer our services to your competitors, but we will never share your confidential information with them in doing so. In the event of an ownership dispute over a HomeSe Account, we can freeze a HomeSe Account or transfer it to the rightful owner, as determined by us.
You acknowledge and agree that you shall be responsible for all public-facing contact information, any refund policy (at the discretion of the Store Owner) and order fulfilment timelines on your HomeSe Store.
You acknowledge and agree that the Services are not a marketplace, and any contract of sale made through the Services is directly between you and the customer. You are the seller on record for all items that you sell through the Services. You shall be held responsible for the creation and operation of your HomeSe Store, your Materials, the goods and services that you may sell through the Services, and all aspects of the transactions between you and your customer(s). This includes, but is not limited to, authorizing to charge the customer in respect of the customer’s purchase, refunds, returns, fulfilling any sales or customer service, fraudulent transactions, required legal disclosures, regulatory compliance, labour compliance, license requirements, alleged or actual violation of applicable laws (including but not limited to consumer protection laws in any jurisdiction where you offer products or services for sale), or your breach of these Terms of Service. Please note, the foregoing is not a mandatory requirement to use the Services, however, in the event of any claims arising out of any of the Services you agree to indemnify HomeSe and hold us harmless from any losses, damages claims, disputes which may arise in this regard. You further represent and warrant that your Store, your Materials and the goods and services you sell through the Services will be true, accurate, and complete, and will not violate any applicable laws, regulations or rights of third parties.
You are solely responsible for the goods or services that you may sell through the Services (including description, particulars, price, quality, nutritional value, ingredients list, shelf life, fees, tax that you calculate, defects, required legal disclosures, regulatory compliance, offers or promotional content), including compliance with any applicable laws or regulations.
You may not use the HomeSe Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of India. You will comply with all applicable laws, rules and regulations (including but not limited to obtaining and complying with the requirements of any license or permit that may be necessary to operate your store or that may be held by you) in your use of the Service and your performance of obligations under the Terms of Service.
For the avoidance of any doubt, HomeSe will not be the seller or merchant on record and will have no responsibility for your Store or the goods or services sold to customers through the Services, the customer shall directly contact you with regards to any issue relating to refunds, returns and delivery timelines. You are solely responsible for the goods or services sold via the Platform.
PAYMENT OF FEES AND TAXES
The applicable transaction fee (“Transaction Fees”) will be deducted on the total value of each transaction made through your Store. In the event, you opt for the purchase or use of any additional products or services such as any equipment, delivery services or Third-Party Services an additional fee shall be levied (“Additional Fees”). Together, the Transaction Fees and the Additional Fees are referred to as the (“Fees”).
HomeSe will deduct the applicable Transaction Fee and the balance amount shall be automatically transferred to you within 3 (three) days vide the RazorPay Express Checkout account from the date of a successful transaction. HomeSe shall also provide a dashboard to each Store Owner wherein each Store Owner can view a summary of their transactions.
You must keep a valid payment method on file with us to pay for all incurred and recurring Fees at all times during your use of our Services. All Fees and other charges are in Indian National Rupee (“INR”), and all payments will be in the Indian currency.
A Transaction Fee shall be charged for every transaction undertaken using the Services. Additional Fees may also be charged from time to time at HomeSe’s discretion. An invoice shall be generated on the last day of each month for all the outstanding Fees that have not previously been charged (“Outstanding Amount Invoice”). The Outstanding Amount Invoice, shall be sent to the Store Owner via the Primary Email Address provided. The Store Owner shall clear Outstanding Amount Invoice within 15 days of receiving the same. The Store Owner may contact us at firstname.lastname@example.org for any issues regarding the Outstanding Amount Invoice.
All Fees are exclusive of applicable central, state, local, GST or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
You are responsible for all applicable Taxes that may arise from or which may be applicable as a result of your use of the Services. To the extent that HomeSe charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your RazorPay Express Checkout Account. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to HomeSe of your exemption. If you are not charged Taxes by HomeSe, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
For the avoidance of doubt, all sums payable by you to HomeSe under these Terms of Service will be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by HomeSe to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law will be borne by you and paid separately to the relevant taxation authority. HomeSe will be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required.
You are solely responsible for determining, collecting, withholding, reporting, and remitting applicable taxes, duties, fees, surcharges and additional charges that arise from or as a result of any sale on your HomeSe Store or your use of the Services. The Services are not a marketplace. Any contract of sale made through the Services is directly between you and the customer.
If you change jurisdictions, you shall be liable to update your location with HomeSe immediately. HomeSe shall not be held liable in the event an update on any change has not been provided by you.
HomeSe does not provide refunds.
A valid payment method (such as a credit card) must remain on file to pay all service fees, including transaction and additional fees required for all stores. All Transaction Fees or Additional Fees will be charged to your payment method. If we are unable to process payment of Fees using your payment method, HomeSe may freeze your store. You are responsible for all taxes relating to your Store or use of the Services. If there are any claims regarding refunds, the customer shall approach and/or contact the Store Owner directly for the same. The Store Owner shall have sole discretion regarding refunds.
“Confidential Information” will include, but will not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. HomeSe’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it will take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each will treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party will give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information will not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.
Both you and HomeSe agree to use the Confidential Information of the other only to perform the obligations in these Terms of Service. Confidential Information must be protected and respected.
LIMITATION OF LIABILITY AND INDEMNIFICATION
You expressly understand and agree that, to the extent permitted by applicable laws, HomeSe and its suppliers, employees, partners, officers, directors, agents, affiliates, associates, subsidiaries, holding companies, will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or relating to the use of or inability to use the Service or these Terms of Service (however arising, including negligence).
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, HomeSe’s partners, officers, directors, agents, employees, affiliates, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) your breach of these Terms of Service; (b) or your violation of any law or the rights of a third party; or (c) any aspect of the transaction between you and your Customer, including but not limited to refunds, cancellations, fraudulent transactions, alleged or actual violation of applicable laws or your breach of the Terms of Service (d) infringement of any third party’s intellectual property.
You will be responsible for any breach of the Terms of Service by your affiliates, agents or subcontractors and will be liable as if it were your own breach.
Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
HomeSe does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
HomeSe does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
HomeSe is not responsible for any of your tax obligations or liabilities related to the use of HomeSe’s Services.
HomeSe does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
We are not responsible for damages or lawsuits that arise if you break the law, breach this agreement or go against the rights of a third party. The Service is provided on an “as is” and “as available” basis. We provide no warranties and our liability is limited in the event of errors or interruptions.
INTELLECTUAL PROPERTY AND YOUR MATERIALS
We do not claim ownership of the Materials you provide to HomeSe; however, we do require a license to those Materials. You grant HomeSe a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to host, use, distribute, expose, modify, run, copy, store, publicly perform, communicate to the public (including by telecommunication), broadcast, reproduce, make available, display, and translate, and create derivative works of any Materials provided by you in connection with the Services. We may use our rights under this license to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. You represent, warrant, and agree that you have all necessary rights in the Materials to grant this license. You irrevocably waive any and all moral rights you may have in the Materials in favour of HomeSe and agree that this waiver may be invoked by anyone who obtains rights in the materials through HomeSe, including anyone to whom HomeSe may transfer or grant (including by way of license or sublicense) any rights in the Materials.
If you owned the Materials before providing them to HomeSe then, despite uploading them to your HomeSe Store they remain yours, subject to any rights or licenses granted in the Terms of Service or elsewhere. You can remove your HomeSe Store at any time by deleting your Account. Removing your HomeSe Store does not terminate any rights or licenses granted to the Materials that HomeSe requires to exercise any rights or perform any obligations that arose during the Term.
You agree that HomeSe can, at any time, review and delete any or all of the Materials submitted to the Services, although HomeSe is not obligated to do so.
You grant HomeSe a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use the names, trademarks, service marks and logos associated with your Store (“Your Trademarks”) to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. This license will survive any termination of the Terms of Service solely to the extent that HomeSe requires the license to exercise any rights or perform any obligations that arose during the Term.
HomeSe Intellectual Property
You agree that you may not use any trademarks, logos, or service marks of HomeSe, whether registered or unregistered, including but not limited to the word mark HOMESE, (“HomeSe Trademarks”) unless You are authorized to do so by HomeSe in writing. You agree not to use or adopt any marks that may be considered confusing with the HomeSe Trademarks. You agree that any variations or misspellings of the HomeSe Trademarks would be considered confusing with the HomeSe Trademarks.
You agree not to purchase, register, or use search engine or other pay-per-click keywords (such as Google Ads), trademarks, email addresses, social media names, or domain names (including without limitation top-level domains, sub-domains, and page URLs) that use or include HomeSe or HomeSe Trademarks or that use or include any terms that may be confusing with the HomeSe Trademarks.
You acknowledge and agree that the Terms of Service do not give you any right to implement HomeSe patents.
Anything you upload remains yours (if it was yours) and is your responsibility, but HomeSe can use and publish the things you upload. Anything uploaded to HomeSe remains the property and responsibility of its initial owner. However, HomeSe will receive a license of materials published through our platform that we may use to operate and promote our Services.
Third Party Services, Delivery Partners, and Collaborators
HomeSe may from time to time recommend, provide you with access to, or enable third party software, applications (“Third Party Apps”), products, services or website links (collectively, “Third Party Services”) to form a part of the Services. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third Party Providers.
Any use by you of Third Party Services offered through the Services or HomeSe’s Website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some instances, HomeSe may receive a revenue share from Third Party Providers that HomeSe recommends to you or that you otherwise engage through your use of the Services.
We do not provide any warranties or make representations to you with respect to Third Party Services. You acknowledge that HomeSe has no control over Third Party Services and will not be responsible or liable to you or anyone else for such Third Party Services. The integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with HomeSe. HomeSe does not guarantee the availability of Third Party Services and you acknowledge that HomeSe may disable access to any Third Party Services at any time in its sole discretion and without notice to you. HomeSe is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service.
The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider, and HomeSe is not obligated to intervene in any dispute arising between you and a Third Party Provider.
Under no circumstances will HomeSe be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider. These limitations will apply even if HomeSe has been advised of the possibility of such damages. The foregoing limitations will apply to the fullest extent permitted by applicable law.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, HomeSe partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
We are not responsible for third party services, so use them at your own risk. If you choose to use Third Party Services on the HomeSe platform, you consent to us sharing your data (and potentially the data of your Customers) to those services. If you use Third Party Services you agree that we do not provide a warranty, so get advice beforehand.
From time to time, HomeSe may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all merchants (“Beta Services”). Beta Services are not part of the Services, and Beta Services may be subject to additional terms and conditions, which HomeSe will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered HomeSe Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without HomeSe’s prior written consent. HomeSe makes no representations or warranties that the Beta Services will function. HomeSe may discontinue the Beta Services at any time in its sole discretion. HomeSe will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. HomeSe may change or not release a final or commercial version of a Beta Service in our sole discretion.
Beta Services may be offered from time to time. They are not a part of the regular Services, and they might have errors or change at any time. You use Beta Services at your own risk, and we are not responsible for any losses or harm that might come from using a Beta Service. You may be required to keep your participation in the Beta Services confidential.
FEEDBACK AND REVIEWS
HomeSe welcomes any ideas and/or suggestions regarding improvements or additions to the Services. In the event the Store Owner desires to receive any feedback from its customers it shall provide an email address on their micro-website / Store so that the customers may directly approach and/or contact the Store Owner for the same.
Under no circumstances will any feedback, disclosure of any idea, suggestion or related material or any review of the products, Third Party Services or any Third Party Provider from you to HomeSe be subject to any obligation of adoption, confidentiality or expectation of compensation. HomeSe shall not be held liable for any feedback that may have been shared to a Store Owner through HomeSe. Any and all feedback concerning the Store Owner and the products sold by him is the sole responsibility of the Store Owner.
All communication surrounding feedback, refund, reviews shall take place directly with the Store Owner. We are under no obligation to ensure that the Store Owner adopts such feedback.
PRIVACY AND DATA PROTECTION
TERM AND TERMINATION
The term of these Terms of Service will begin on the date of your completed registration for use of a Service and continue until terminated by us or by you, as provided below (the “Term”).
In the event a Store Owner does not use the Services for a continuous period of more than 60 (sixty) days, an email will be issued on your Primary Email Address intimating you of the final settlement amount, if any (“Final Settlement Amount”). The Final Settlement Amount shall be paid by you within 15 (fifteen) days from the date of delivery of the invoice. Upon payment of the Final Settlement Amount, your Account shall stand terminated. If you have any query with regards to the Final Settlement Amount, you can contact us at email@example.com.
You may cancel your Account and terminate the Terms of Service at any time by contacting firstname.lastname@example.org and then following the specific instructions indicated to you in HomeSe’s response.
Without limiting any other remedies, we may suspend or terminate your Account or the Terms of Service for any reason, by providing a prior notice 30 (thirty) days in advance (unless otherwise required by law). Termination of the Terms of Service will be without prejudice to any rights or obligations which arose prior to the date of termination.
Upon termination of the Services for any reason by either party:
HomeSe will cease providing you with the Services and you will no longer be able to access your Account;
Unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
Any outstanding balance owed to HomeSe for your use of the Services through the effective date of such termination will immediately become due and payable in full;
If there are any outstanding Fees owed by you at the date of termination of the Service, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
To initiate a termination, you must contact email@example.com. HomeSe will respond with specific information regarding the termination process for your account. If you cancel in the middle of your billing cycle, you’ll have one last email invoice. HomeSe can terminate your Services for any reason by providing a written notice 30 (thirty) days in advance.
We reserve the right, in our sole and absolute discretion, to update or change any portion of the Terms of Service at any time. We will provide you with reasonable advance notice of changes to the Terms of Service that materially adversely affect your use of the Services or your rights under the Terms of Service by sending an email to the Primary Email Address. However, HomeSe may make changes that materially adversely affect your use of the Services or your rights under the Terms of Service at any time and with immediate effect (i) for legal, regulatory, fraud and abuse prevention, or security reasons; or (ii) to restrict products or activities that we deem unsafe, inappropriate, or offensive. Unless we indicate otherwise in our notice (if applicable), any changes to the Terms of Service will be effective immediately upon posting of such updated terms at this location. Your continued access to or use of the Services after we provide such notice, if applicable, or after we post such updated terms, constitutes your acceptance of the changes and consent to be bound by the Terms of Service as amended. If you do not agree to the amended Terms of Service, you must stop accessing and using the Services.
HomeSe may change the Fees for the Services from time-to-time. We will provide you with 30 days advanced notice prior to any changes in Fees by sending an email to the Primary Email Account. HomeSe will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services (or any part thereof).
If we make a material change to the Terms of Service that adversely affects your rights under the Terms of Service or your use of our Services in a material way, we will notify you in advance (unless the change relates to legal requirements or to prevent abuse of our Services, among other things).
The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and HomeSe and govern your use of the Services and your Account, superseding any prior agreements between you and HomeSe (including, but not limited to, any prior versions of the Terms of Service).
The failure of HomeSe to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service will remain in full force and effect.
Save for HomeSe and its affiliates or You, pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service will have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this will not affect the rights of any permitted assignee or transferee of these Terms.
The Terms of Service will be governed by and interpreted in accordance with the laws of the State of Bengaluru and the laws of India applicable therein, without regard to principles of conflicts of laws.
All the terms and provisions of the Terms of Service will be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. HomeSe will be permitted to assign these Terms of Service without notice to you or consent from you. You will have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without HomeSe’s prior written consent, to be given or withheld in HomeSe’s sole discretion.
If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.