Terms & Conditions

About the Platform

The Platform is a web-based platform operated by us on these Terms, as amended from time to time. These Terms apply to your use of the Platform and purchase of Offerings through the Platform.

About the Terms

These Terms are an electronic record under the Information Technology Act, 2000, the rules made under it and the amended provisions concerning electronic records in other statutes. This electronic record is generated by a computer system and does not require physical or digital signatures.

Products and services offered by us

We provide you with access to various products available on the Platform.

Definitions

• “Content” means any content shared by us, or persons authorised by us, in any form on the Platform, including photographs, text, graphics, logos, button icons, product images, and comments and feedback shared on the Platform. We may release new features or Content, or withdraw any feature, Product or Content, at our sole discretion at any time.
• “Offering” includes all Products and any offerings incidental or ancillary to them.
• “Products” means all products displayed on the Platform from time to time.

By using the Platform, you represent and warrant that

These Terms are subject to change at any time without notice. Please review them periodically — continued use of the Platform or Products after a change constitutes your consent to that change.

• You have read, understood and agree to these Terms, including the terms of our Privacy Policy.
• You are at least 18 (eighteen) years old, or the legal age in your jurisdiction, or you have given consent for your minor dependants to access the Platform.
• You have the lawful authority and capacity to contract and be bound by these Terms.
• If you accept these Terms on behalf of a company, LLP or other legal entity, you have the authority to bind that entity, and “you” refers to that entity.
• You will comply with all applicable laws and regulations.
• You will not provide any Feedback that is abusive, libellous, unlawful or otherwise obscene.

Access to the Platform

You acknowledge that you have read and agreed to the Privacy Policy. Where you use Facebook, X or Google to log in, information about your activity on the Platform may be shared through that account according to the privacy settings you choose on that service.

When placing an order, you must provide details including delivery address, billing address and contact information so we can process your order and deliver the Offering. You agree to provide accurate, true and complete information. We are not liable for any damages, costs, charges or liabilities you incur due to incomplete or inaccurate information provided by you.

By registering, you agree to these Terms, and each registration is for a single individual user only.

Restrictions on use

• Reproducing, transferring, selling, reselling or otherwise misusing any Content other than as permitted under these Terms.
• Accessing, using or tampering with non-public areas of the Platform, network or our systems.
• Reverse engineering, or attempting to reverse engineer, any proprietary aspect of the Platform, wholly or in part.
• Breaching or circumventing, or attempting to circumvent, our authentication and security processes and measures.

Intellectual property

You may provide communications, ideas, comments or feedback to us in any form (“Feedback”). We have the absolute right to publish, advertise, edit, translate, copy or otherwise use such Feedback for our business, without consultation with you, so long as it does not expose your personal information.

‘The Hype Store’ and other marks shown on the Platform are our trademarks or registered trademarks in India. All Content on the Platform — photographs, text, graphics, logos, button icons, images and software — is the sole and exclusive property of ours, our affiliates or our content suppliers. All other trademarks appearing on the Platform belong to their respective owners.

All legal rights, including intellectual property rights, title and interest in the Platform, its user interface, applications and code vest with us. You may not use our proprietary information except to use the Platform in accordance with these Terms, and no portion of the Platform may be reproduced in any form by you.

Payment and replacement

Prior to accepting an order, we may request additional information from you. All billing information provided must be truthful and accurate. Providing untruthful or inaccurate information is a breach of these Terms, may result in cancellation of your order, and requires you to indemnify us against any resulting loss.

Display of Offerings on the Platform is an ‘invitation to offer’ and not an ‘offer to contract’. Placing an order is an offer to buy, and is not our acceptance of that offer. We reserve the right to refuse or cancel an order for any reason, including limits on quantities available, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance checks.

Payment options available to you include credit card, debit card and electronic wallets. Shipping, replacement and refunds are governed by our Shipping, Returns & Exchange Policy.

Disclaimer of warranties

You undertake to take all necessary measures to preserve the Products ordered in good condition. We are entitled, without notice, to cap the maximum number of Products you may purchase, at our absolute discretion.

Product-specific conditions may be displayed with a Product and must be followed strictly, failing which we disclaim all warranty obligations for that Product. In case of any conflict, the Product-specific conditions prevail.

We will endeavour to deliver your Product expediently. Timelines and shipping fees for orders placed within and outside India may vary and will be intimated at the time of purchase.

We do not make any representation or warranty regarding the reliability, accuracy, completeness, correctness or usefulness of Content, and disclaim all liabilities arising from it. We strive to describe and display Products as accurately as possible, but some characteristics and colours may vary by device. Photographs of Products are not contractually binding. Pricing, specifications and other product information are subject to change without notice.

We neither guarantee nor warrant the accuracy of the colour and description of a Product. We ensure our products and services are of good quality; however, if a product or service does not suit you, we are not responsible for the same.

Communications

By registering on the Platform and/or ordering our Offerings, you opt in to receive promotional, targeted and informational communications from us by SMS or other commonly used mediums, and such communications will not constitute unsolicited marketing, regardless of DND registration with TRAI or its equivalent. You may opt out by giving notice to the Grievance Officer; this will not prevent us from sending messages directly regarding your account or your orders.

Third-party products

We disclaim all warranties and responsibility for third-party products sold or marketed on the Platform. In respect of such products, we are only a marketplace. We do not employ any producer or distributor of third-party products and are not responsible for disputes, claims, losses, injuries or damage arising out of interactions between users and such manufacturers or distributors.

The Platform is provided ‘as is’

We do not warrant that the Platform will perform error-free or uninterrupted, that we will correct all errors or defects, that it will operate in combination with your devices or other hardware, software, systems or data not provided by us, or that it will meet your requirements or expectations.

We do not control the transfer of data over communications facilities, including the internet, and are not responsible for delays, delivery failures or other damages resulting from limitations inherent in such facilities. The entire risk arising out of your use of the Platform remains solely with you.

Indemnification

You agree to defend, indemnify and hold us, our partners, officers and representatives harmless from all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees) arising out of or in connection with:

• Your violation or breach of these Terms or any applicable law or regulation.
• Your violation of the rights of any third party.
• Your use or misuse of the Platform or Offerings.
• Third-party claims based on the content of any communications transmitted by you.
• Any fraud or negligence in your use of the Platform or Products.

Limitation of liability

When legally required, or at our discretion, we will cooperate with law enforcement agencies, including sharing confidential information in any investigation of alleged illegal activity on the Platform. We do not endorse any advertiser or third-party product; please verify the accuracy of information independently.

Notwithstanding anything to the contrary, the maximum aggregate amount to which you are entitled with respect to any dispute is limited to the amount paid by you for the Product or service in question. We are not responsible for indirect, incidental or consequential losses, loss of profits, goodwill or reputation.

You expressly waive and release us from any liability, claims or damages arising from or related to the use of third-party products on the Platform. We will not be party to disputes or negotiations, including payments, between users of the Platform and any third party.

Jurisdiction

Any dispute arising from the use of this Platform or from these Terms is governed by the laws of India, without giving effect to conflict-of-laws provisions. You consent to the exclusive jurisdiction of the courts of New Delhi.

Miscellaneous

• Termination: any breach or non-compliance entitles us to revoke or suspend your access to the Platform, stop providing the Offerings and/or restrict you from availing the Offerings in future.
• Effect of waiver: these Terms prevail over anything inconsistent with them on the Platform. Our failure to enforce a provision is not a waiver of it. Our rights survive any discontinuance of access or use.
• Cessation of operation: we may, at our sole discretion and without advance notice, cease operation of the Platform and provision of any Product or service.
• Force majeure: we are not in default or responsible for any cessation, interruption or delay caused by earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, pandemic, epidemic, labour strike, lockout or boycott.
• Survival: rights and obligations under these Terms and the Privacy Policy which by their nature should survive will remain in effect after termination or expiration of your registration.

Redressal mechanism

Any complaints, abuse or concerns regarding content, comments or a breach of these Terms must be reported immediately to the designated Grievance Officer, in writing or by email.