HOME SE SELLER TERMS AND CONDITIONS
These Terms and Conditions ("Seller Terms / Terms") govern the use of our website https://home-se.com/ and our application designed for mobiles and handheld devices (hereinafter referred to as HOME SE App / Platform") by the Seller using the Platform. Please read these Seller Terms carefully before your use of the HOME SE App.
The HOME SE App is owned and operated by HOGR Food Networks Pvt. Ltd., a private limited company incorporated under the Companies Act, 2013 and having its registered office at 607, 8th Main, HAL 3rd,Stage, Indiranagar, New Thippasandra, Bangalore North, Bangalore, Karnataka, India, 560075.
For the purpose of these Seller Terms, wherever the context so requires, "Seller" "you", "your" "Partner" shall mean the sellers using the HOME SE App for the purpose of creating and developing their brand and selling food preparations as made by them; and the terms "HOME SE", "we", "us" or "our" shall mean HOME SE APP. These Terms govern your use and access to the HOME SE App and its services. The HOME SE App provides a platform for the Sellers to create and develop their own brand and list their freshly made dishes for offering to the customers. ("Services"). The HOME SE App allows the users of the HOME SE App to select Sellers page and make orders as per the Sellers offerings in the HOME SE App.
In doing so, the Sellers rights, duties, obligations and liabilities shall be governed by the present terms and conditions which the Seller shall be deemed to have read and accepted prior to the use of the HOME SE App.
SELLER SERVICES
The Seller agrees to (a) create and operate its brand page on the HOME SE App in prescribed form and manner as provided by us with true and correct information (b) prepare such food and beverages as is safe and wholesome for consumption in compliance with the laws, rules, regulations and orders of appropriate authorities including but not limited to the Food Security and Standard Authority of India ("Items") (c) receive all orders during its declared term of operations for its published products / items showing as available in the HOME SE App, (d) package the items in a safe manner for its delivery to the end user who has placed order in the HOME SE App ("Customer") and (e) Deliver directly or through a third party service provider the prepared and packaged food to the Customer. You further agree to comply with all applicable laws, rules, regulations, and standards that pertain to the preparation, marketing, and sale of such Items. You will remain solely responsible for the safe preparation, quantity and quality of all Items and will ensure that all Items match the descriptions and other information provided through the HOME SE App.
The Seller shall be required to duly upgrade on a real-time basis its timings of operations, availability / unavailability of food items, new additions in the menu, discontinuation of food items, and all such information as is relevant for the Customer to have at the time of placement of orders.
PRICING
You are responsible for determining and setting out the retail price for all items, but you agree that you will not set a retail price that is higher than the amount you are charging for similar items as available in any third party applications or platforms. You are the Seller for all Items for local and state tax purposes and the responsible party for remittance of applicable sales tax. You are solely responsible for determining, collecting and depositing all applicable taxes accurately and correctly to the relevant authority. We will not independently verify the amount of GST or any other applicable taxes. You agree that, at our sole discretion, whether or not expressly stated in an applicable invoice, we may collect and remit applicable taxes in jurisdictions where we are considered a marketplace facilitator (or similar designation) and may have GST collection and remittance obligations under applicable law. You agree that we "HOME SE" hold no title or acquire any ownership interest in or to any Items that you prepare or provide through the HOME SE App.
PAYMENT
In consideration for the Services offered by us, you, the Seller undertakes to pay to HOME SE App a subscription fees for the use of the HOME SE App on a monthly / half yearly/ annual basis as per the rates set out in the letter of understanding and / or the onboarding enrolment terms, as applicable, executed between the parties, which may be determined by the HOME SE App on its sole discretion ("Subscription"). From time to time, we may change the Subscription for the Services or include any additional charges/ fee. We shall communicate such change(s) via email or any other modes of communication, seven (7) days prior to the date that such change(s) are to take effect.
We will generate an invoice for the monthly / annual fee in advance prior to the commencement of term of Service ("Invoice") which shall include but not be limited to the following details: (i) term of Service; (ii) amount payable (iii) discounts and similar adjustments (if any);. The Invoice shall be generated on a monthly / half yearly/annual basis depending on the arrangement arrived at between the Seller and us and shall be payable by the Seller in advance. In case of any accounting mismatch, we reserve the right to change, amend, modify, add to or delete the whole or any part of the Invoice at any time that we in our sole discretion require.
We reserve the right to withhold taxes as required by law.
You agree that you will promptly review, confirm all details with regards to the transactions, fees and other charges as set out in the Invoice. The details of each Invoice, transaction, fee and other charges shall be available on the Merchant Dashboard and it is your responsibility to promptly notify us of any discrepancies or other disputes within seven (07) days of receipt of the Invoice. You agree that you will be deemed to have accepted and ratified any such Invoice, transaction, fee or charge if you do not communicate a written claim or objection within the aforesaid period.
To pay any fee, you must designate and provide information about your preferred payment method (e.g., credit card, UPI, online payment service, a third-party platform like the Apple App Store or Google Play, or any other payment method made available by Home Se) (the “Payment Method”). By providing your payment information, you authorize Home Se, along with certain third-party service providers, payment networks, and payment processors, to receive, store, and securely process your payment details. If you complete your purchase through the Apple App Store or Google Play, you may manage or update your Payment Method directly through your respective store account. Home Se does not offer refunds or credits, except as explicitly stated in these Terms. If you suspect unauthorized or fraudulent charges on your account related to your Payment Method used on Home Se, please contact our support team immediately at: https://home-se.com/support
BRAND DEVELOPMENT
The Seller shall (i) set-up its brand page by filling true and accurate information, brand name, logo, food menu information, pictures, portion size, etc.(ii) The Seller agrees to update its menu and other relevant information on the HOME SE App in real-time and ensure accuracy of information. (iii) The Seller agrees to manage and fulfill orders placed through HOME SE App (iv) The Seller agrees to place their UPI ID, bank details, or details required for other modes of receipt of payment in the HOME SE APP to accept payments made by Customers directly to the Seller (v) HOME SE APP shall provide training and support to the Seller to ensure seamless integration optimal use of the services. (vi) The Seller agrees to meet certain technical requirements such as hardware and software compatibility, to ensure successful installation and performance with the HOME SE APP.
In providing the Platform for adding the information, the HOME SE App and HOGR FOOD NETWORKS PRIVATE LIMITED only acts as an intermediary and shall not be liable for any information, data, or communication link made available or hosted by the Seller at the Platform. The functions of HOME SE App are limited to providing access to the Platform for communications and the Seller shall put all information at his own diligence and risk.
USING OUR SERVICES
Use: You may use our Services only in compliance with these Terms and as permitted by law. Our Services are not designed for use outside India, and by using our Services you are representing to us that you operate within India. You agree not to interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. We may suspend or stop providing our Services to you if you do not comply with any of the provisions of these Terms and Conditions or policies, or if we are investigating suspected misconduct.
Food Safety: By using the Services, you agree to comply with all applicable laws, rules, regulations, and standards that pertain to the preparation, marketing, packaging and sale of food / beverages including all such laws, rules, regulations and standards regarding proper food preparation and menu disclosure and you agree that we are not liable for any preparation of the items in connection with your use of the Services. We do not independently verify and are not liable for any representations made by you regarding your items, including any descriptions, disclosures, or representations made by you in connection with your menu.
INTELLECTUAL PROPERTY
The Seller agrees and acknowledges that HOGR Food Networks Pvt. Ltd is the sole and exclusive owner of the HOME SE Platform and the Services provided through the Platform ("Intellectual Property"). HOGR Food Networks Pvt. Ltd retains all right, title and interest (including, without limitation, all patent, copyright, trademarks, trade secret and other intellectual property rights), whether registered or not, in and to Intellectual Property, all related and underlying technology and any updates, enhancements, upgrades, modifications, patches, workarounds, and fixes thereto and all derivative works of or modifications to any of the foregoing. There are no implied licenses under these Terms and Conditions and any rights not expressly granted to the Seller are expressly reserved by HOGR Food Networks Pvt. Ltd. You are hereby granted a limited, non-exclusive, non-transferable, and revocable license to use the brand name 'HOME SE' and platform solely for the purpose of promoting our Services on your premises, website, app, provided that you agree to use the said brand name 'HOME SE' in compliance with any rules and guidelines provided by us from time to time. You also agree to immediately cease use of the brand name 'HOME SE' upon a written intimation by us or upon termination or expiration of the term mentioned in the letter of understanding and / or onboarding enrolment form or failure by Seller to pay the Subscription. Other than the limited license to use the brand name 'HOME SE' granted in this section and except as expressly permitted in connection with these Terms, you are not granted any other right, title, or interest in the brand name 'HOME SE' or any other Intellectual Property expressly granted herein.
The Seller further agrees and acknowledges that it (i) shall not decompile, reverse engineer, disassemble or otherwise attempt to derive source code of the Intellectual Property and (ii) shall maintain the integrity and confidentiality of the Intellectual Property.
REPRESENTATIONS AND WARRANTIES OF THE SELLER
The Seller represents and warrants that (i) it is engaged in the business of food cooking, packaging and delivery services under the brand name and style as mentioned in the Letter of Understanding and / or onboarding enrolment form entered into between the Seller and HOME SE App (ii) it has full power and capacity to enter into and perform its obligations under the letter of understanding and / or onboarding enrolment form entered into between the Seller and HOGR Food Networks Pvt. Ltd; (iii) has taken all necessary licenses applicable to its business and is fully compliant with the provisions of the applicable laws including but not limited to Food Safety and Standards Act, 2006 and rules and regulations prescribed thereunder ("FSSAI"), as amended from time to time and shall maintain in full force and effect the requisite licenses throughout the term of letter of understanding and / or Seller onboarding enrolment form; (iv) it shall not provide for sale on the Platform, any food items that may be unsafe or misbranded or substandard or which contain adulterant, contaminated or extraneous matter or against the standards set forth under the provisions of FSSAI or any other applicable act or rules prescribed thereunder; (vi) it shall not provide any food items in breach of the provisions of FSSAI Act and Rules as amended from time to time, any regulations, notifications etc. or in breach of any other applicable laws (vii) it shall provide appropriate notifications and warnings with regard to the food items that may be allergic to certain Customers such as peanuts, dairy, seed oils, etc. and (viii) all the information and contents provided by it, to us is true, correct and accurate (ix) it shall not decompile, reverse engineer, disassemble or otherwise attempt to derive source code of the intellectual property of Platform or HOGR Food Networks Pvt. Ltd (x) it shall not breach any confidentiality provisions (xi) it shall not violate any applicable law (x) It shall not publish any objectionable, unlawful or inappropriate text, image and/or videos on the HOME SE App (xi) It shall not put any QR code or link which may lead the Customer to any link which is fraudulent, harmful, contains possible risk, unwanted or in any way cause loss to the Customer or the Platform (x) contact or communicate with the Customer for any purpose other than the purpose of delivering food and completing orders.
Upon receiving actual knowledge, or on being notified by the appropriate Government or its agency that any information and data uploaded by Seller is unlawful or inappropriate, HOME SE shall have the right to remove or disable access to the said information or data.
The Services of the HOME SE App are protected by copyright, trademark, trade secret and other intellectual property laws throughout the world. These Terms or your use of our Services do not grant you any right, title or interest in the HOME SE App, others' content on the HOME SE App, our trademarks, logos or other brand features. You agree to grant and hereby grant to us a non-exclusive, worldwide, royalty-free, transferable, and revocable license to use the trademarks, service marks, trade names, meal names, meal descriptions, logos, designs and other designations, copy, or brands used by you in connection with your business or any other content that you post, upload, share, store, or otherwise provide through the HOME SE App ("Seller IP"). This license is expressly limited: (i) to use by us in connection with the Services; and (ii) as specifically permitted by you in writing.
Data: We will provide you with the aggregate information regarding items, refunds, and other metrics. In addition, you may be provided or have access to personally identifiable information in connection with your use of the Services. All such information is subject to the Privacy Policy, and you agree to abide by the Privacy Policy with respect to such information. In addition, you agree that you will only use the information for fulfillment of orders made through the HOME SE App, and not for any other purpose (including but not limited to marketing).
PAYMENT PROCESSING
We may share the Invoice either directly through the HOME SE App and email or use a third-party payment processor (the "Payment Processor") to share the Invoice via a payment account linked to your account on the HOME SE App ("Billing Account").
The Seller understands and agrees that Seller shall directly collect the payments received from the Customers and HOME SE shall not be responsible for any non-payment, default in payment, payment glitch, etc. and the responsibility, and risk in collecting the payments shall be solely borne by the Seller.
TERM
Unless you opt out of auto-renewal, which can be done by contacting us at info@homese.app, all our Services that you have signed up for will be automatically extended for successive renewal periods of the same duration as the term originally selected at the then-current rate. If you do not want to continue to be charged on a monthly basis, you must cancel the applicable service by contacting us or terminate your account at least thirty (30) days before the end of the recurring term, regardless of whether your subscription period is monthly, quarterly or annual. Our services cannot be terminated prior to the end of such period for which you have already paid, and except as expressly provided in these Terms, we do not refund any money once paid towards the Services for which you have opted.
We reserve the right to suspend or terminate your access to the HOME SE App immediately without any notice to you if: (a) you are in breach of these Terms, (b) you are using the HOME SE App in a manner that would cause a real risk of harm or loss to us or other users, (c) in our sole discretion for any reason.
CUSTOMER REVIEWS OR RATINGS
The reviews or ratings on the HOME SE App do not reflect our opinion / perception of the Seller. The HOME SE App receives multiple reviews and / or ratings for each Seller by its Customers, which reflect the opinions of the Customers. It is pertinent to state that each and every review posted on the HOME SE App is the personal opinion of the Customer only. The HOME SE App is a neutral platform, which solely provides a means of communication between Customers and Sellers. We are a neutral platform, and we do not arbitrate disputes, however in case if any third-party writes a review that the Seller does not consider to be true, the best option for the Seller or its representative would be to contact the reviewer or post a public response in order to clear up any misunderstandings. If the Seller believes that any particular Customer's review violates any of these Terms or any other HOME SE policy, the Seller may write to us at info@homese.app and bring such violation to our attention immediately. HOME SE App may remove the review the alleged violation in its sole discretion if the review is in violation of the Terms, or content guidelines and other policies or otherwise harmful to the Services.
PENALTY CHARGES
HOME SE shall have the right to levy penalties on the Sellers in the following instances:
- In the event, the Seller fails to make proper and timely delivery in breach of these Terms.
- In the event the HOME SE App receives more than 3 complaints in a quarter against the Seller.
- In the event HOME SE directs Seller to refund (fully or partially) a Customer for any damage to food/ spoilt food/ delayed preparation/ missing items etc. and the Seller fails to do so.
FOOD DELIVERY SERVICES
The Seller shall arrange for the delivery of food or beverages either directly or through a third party service provider subject to the present terms of use. The Seller shall be responsible for the conduct of the individual executing the actual delivery.
In the event of any one or more of the following events including but not limited to damage to food/ spoilt food/ delayed preparation and handling over of orders/ missing items etc., Seller shall refund the respective amount to the Customer directly at the instructions of HOME SE App.
Without prejudice to anything mentioned hereunder or any other document executed between HOME SE App and the Seller, HOME SE App reserved the right to suspend or terminate the Seller's access to the Platform immediately without providing any notice and without any liability in the event of breach of any terms and conditions as set out in these terms and conditions or any other document executed between the Parties.
The Seller hereby agrees and acknowledges that HOME SE App is only a third - party facilitator providing the Platform for placing orders for delivery of food or beverages by the Seller. The Seller further agrees and acknowledges that HOME SE App shall only enable or assist the Sellers and Customers to avail the Services through its Platform and it shall act only as a facilitator to place orders. Any claims including Customer claims or any other third - party claims including but not limited to health hazards, medical issues and / or death of any Customer or delay / non-delivery; or quality or quantity; or missing items or incorrect items; cancellation; etc. of the orders placed by the Customer shall not be the responsibility of HOME SE App. Further, HOME SE App shall in no event be held liable towards any damages or losses arising with respect to any Customer or third - party claims and shall not be held liable towards any indemnity claims in connection with the orders placed by the Customer through the Platform, including but not limited to delay or non – delivery of the orders; quality and or quantity; or missing or incorrect items; cancellation of items etc. of the orders to the Customer.
HOME SE App shall have no liability if it is prevented from or delayed in performing its obligations or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or telecommunications network, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, fire, flood, storm etc.
YOUR HOME SE ACCOUNT
To use and access the HOME SE App as mentioned under these Terms, you will be required to create an account on the HOME SE App ("HOME SE Account"). The information provided to create the HOME SE Account shall be governed by the Privacy Policy. The email address provided to create the HOME SE Account shall serve as the primary email address through which all information in relation to payment, refund, invoicing and customer activity/data shall be communicated to you. To protect your HOME SE Account, keep your password confidential. You are responsible for the activity that happens on or through your HOME SE Account. Try not to reuse your HOME SE Account password on third-party applications. If you learn of any unauthorized use of your password or HOME SE Account, contact us at info@homese.app.
Your content in our Services:
- Your Ownership: Some of our Services may allow you to upload, submit, store, send or receive content, for example the menu items. You retain ownership of any intellectual property rights that you hold in that content.
- User Submissions: Anything you post, upload, share, store, or otherwise provide through the Platform shall be a treated as content submission ("Content Submission"). You are solely responsible for all Content Submissions you contribute to the Services. You represent that all Content Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.
You agree that you will not post, upload, share, store, or otherwise provide through the Services any Content Submission that: (i) infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contains sexually explicit content or pornography, paedophilic libelous; (iii) contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group; (iv) exploits minors; (v) depicts unlawful acts or violence; (vi) depicts animal cruelty or extreme violence towards animals; (vii) promotes fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (viii) that violates any law. (ix) is grossly harmful, harassing, blasphemous, defamatory, obscene, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, (x) deceived or misleads the addressee about the origin of such messages or communicated any information which is grossly offensive or menacing in nature, (xi) impersonates another person.(xii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Platform or Customer's device.
CUSTOMER DATA
The Parties agree that, during the course of provision of Services by HOME SE App through the Platform, Seller may obtain the Customer Data through the Platform. Customer Data shall mean and include any personal information of the Customer provided by the Customer including name, mobile number, address, email ids, banking details etc.
The Seller agrees and acknowledges that the Seller shall maintain confidentiality and integrity of the Customer Data and agrees that HOME SE App or HOGR Food Networks Pvt. Ltd. shall not be liable for any unauthorized disclosure of Customer Data by the acts or omissions of the Seller.
The Seller agrees and acknowledges that upon termination of the letter of understanding and / seller onboarding enrolment form, as applicable, HOME SE App shall continue to have access to all the Customer and Seller Data collected through the Platform and stored in HOME SE App's server/cloud. HOME SE App shall have all right to use and utilize such Customer Data as set out above in any manner as HOME SE App deems fit at its sole discretion in accordance with applicable law. The Seller agrees to obtain appropriate consent to this effect while collecting information from the Customers.
DISCLAIMERS
Other than as expressly set out in these Terms as agreed to by you in writing, neither us nor our third-party suppliers or distributors or licensors make any specific promises about the Services. We don't make any commitments about the content within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. We, and our third-party suppliers, distributors and licensors, do not warrant or make any representations regarding the use or the results of the use of the Services, including with respect to its correctness, accuracy, reliability, or otherwise. We provide the Services "as is". To the extent permitted by law, other than as expressly set out in these terms as agreed to by you in writing, we (and our third-party suppliers and distributors and licensors) hereby disclaim and exclude all warranties, including all implied warranties of merchantability, fitness for a particular purpose and non-infringement. We expressly disclaim any responsibility and liability in connection with any sale of Seller Items, including but not limited to any warranty or condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code towards the sale of such Seller Item.
INDEMNIFICATION
You agree to indemnify and hold harmless, HOME SE App, its parent, holding and subsidiary companies, affiliates, associates, partners, employees, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of (a) your access to, use of, or misuse of the Services, in a way that is harmful to others including any claim arising from your preparation, description, or sale of Seller Items; (b) your violation of any portion of these Seller Terms or the Invoice, any representation, warranty, or agreement referenced in these Terms or the Invoice, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right of publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party or (e) Any acts of fraud, misrepresentation or gross negligence by You; or (f) Any medical or health issues caused to any Customer, death, injury, or harm caused by the Seller or the usage of its Seller Items to the Customer; (g) Any acts by the Seller that results in any harm, loss of reputation or in the sole opinion of HOME SE App, any act which may have an impact on HOME SE App or its brand image, brand value or it's public perception (h) claims from Customers or any third parties including but not limited to delay in delivery or non – delivery; or quality or quantity; or missing items or incorrect items; cancellation; etc. of the orders placed through the Platform. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defence of those claims.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, we and our past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns (the "HOME SE Parties"), will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages. To the fullest extent permitted by law, the HOME SE Parties' aggregate liability for any claims under these Terms or the Invoice or letter of understanding and / or Seller onboarding enrolment form entered into between the Seller and HOME SE, as applicable, including for any implied warranties, shall not be accepted below Rs. 1000 (Rupees One Thousand only) and shall not exceed Rs. 5,000 (Rupees Five Thousand only) towards any single or cumulative claim. In all cases, we and our suppliers, licensors and distributors, will not be liable for any loss or damage that is not reasonably foreseeable, including, without limitation, any force majeure event. Except as provided hereunder, your sole and exclusive remedy under these Terms is to discontinue using the Services. These exclusions and limitations of liability will apply to the fullest extent permitted by law and will survive cancellation or termination of your services.
FORCE MAJEURE
In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms due to acts of God, natural disasters, or other causes that are beyond reasonable control, the party that is restricted in performing its obligations shall notify the other party immediately upon the occurrence of such event. Upon notification by the restricted party, the parties shall mutually decide performance of the obligations of the restricted party shall be extended for such period as may be between the parties.
THIRD PARTY CONTENT
You acknowledge that when you access a link that leaves the HOME SE App, the site you will enter into is not controlled by us and different terms of use/service and privacy policies may apply. By assessing links to other sites, you acknowledge that we are not responsible for those sites. We do not screen or investigate third party material before or after including it on our HOME SE App. Third party content, including content posted by our Customers, does not reflect our views or that of our HOME SE App. We assume no responsibility or liability for any of your content or any third party content. You further acknowledge and agree that HOME SE App is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
MODIFICATION OF TERMS
We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at HOME SE https://home-se.com/ send you an email, and/or notify you by some other means. As such, the HOME SE App may change from time to time, at our discretion. We may stop (either permanently or temporarily) providing certain Services or any features within the HOME SE App to you or to users generally.
If you do not agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the HOME SE App. If you use the HOME SE App in any way after a change to the Terms is effective, that means you agree to all of the changes.
ABOUT THESE TERMS
Third Party Rights: These Terms control the relationship between HOME SE App and you. They do not create any third-party beneficiary rights.
No Waiver: If you do not comply with these terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future). If a particular term is not enforceable, this will not affect any other terms.
Assignment: You shall not assign any of your rights under these Terms, and any such attempt will be void. HOME SE App may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services (whether by sale of stock or assets, merger, consolidation or otherwise).
GOVERNING LAW AND DISPUTE RESOLUTION
In the event of any claim, dispute, difference or question between the parties arising out of or in connection with or in relation to the Terms ("Dispute"), the parties shall first endeavour to settle such Dispute amicably by mutual discussion in good faith. (i) If the parties fail to resolve the Dispute by such mutual discussion within 30 (Thirty) days of its occurrence, then the Dispute shall be referred to and resolved through a sole Arbitrator mutually appointed by the parties. The Arbitration proceeding shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and the award of the Arbitrator shall be final and binding upon both the Parties. The seat and venue for such Arbitration proceedings shall be Bangalore and shall be conducted in the English language. Subject to the foregoing, the courts at Bangalore alone shall have exclusive jurisdiction to entertain any Dispute arising out of these Terms. These Terms shall be governed and interpreted by and construed in accordance with the substantive laws of India.
PRIVACY POLICY
The Privacy Policy describes how we handle the information provided to us upon use of our Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information for storage, processing and use by us.
COMMUNICATIONS
In connection with your use of the Platform, we may send you service announcements, administrative messages, and other information.