Hyjiya Website Usage Policy
Use of the Website is available only to persons who can form legally binding contracts. If you are a minor i.e. under the age of 18 (eighteen) years, you shall not register as a user of the website and shall not transact on or use the Website. As a minor if you wish to use or transact on Website, such use or Transaction may be made by your legal guardian or parents on the Website. Hyjiya reserves the right to terminate your membership and/or refuse to provide you with access to the Website if it is brought to Hyjiya's notice or if it is discovered that you are under the age of 18 (eighteen) years.
Your Account and Registration Obligations
When you use the website or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
Platform for Transaction and Communication
The Website is a platform that Users utilize to meet and interact with one another for their independent transactions (the "Transactions"). Hyjiya are not and cannot be a party to or control in any manner any transaction between the website's users.
- All commercial/contractual terms are offered by and agreed to between buyers and sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Hyjiya does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the buyers and sellers.
- Hyjiya do not make any representation or warranty as to specifics (such as quality, value, salability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the website. Hyjiya do not implicitly or explicitly support or endorse the sale or purchase of any products or services on the website. Hyjiya accepts no liability for any errors or omissions, whether on behalf of itself or third parties
- Hyjiya are not responsible for any non-performance or breach of any contract entered into between buyers and sellers. Hyjiya cannot and do not guarantee that the concerned buyers and/or sellers will perform any transaction concluded on the website. Hyjiya shall not and are not required to mediate or resolve any dispute or disagreement between buyers and sellers.
- Hyjiya does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its users. You are advised to independently verify the bona fides of any particular user that you choose to deal with on the Website and use your best judgment in that regard.
- Hyjiya do not at any point of time during any Transaction between buyer and seller on the Website come into or take possession of any of the products or services offered by seller nor does it at any point gain title to or have any rights or claims over the products or services offered by seller to buyer.
- At no time shall Hyjiya hold any right, title or interest over the products nor shall Hyjiya have any obligations or liabilities in respect of such contract entered into between buyers and sellers. Hyjiya are not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
- The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Hyjiya are only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the seller and the buyer.
- At no time shall Hyjiya hold any right, title or interest over the products nor shall Hyjiya have any obligations or liabilities in respect of such contract. Hyjiya are not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
- You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that you transact with
Disclaimer: Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel your order(s).
- You release and indemnify Hyjiya and/or any of its directors, officers and representatives or business partners from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Hyjiya cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there could be risks in dealing with underage persons or people acting under false pretense.
Basic Membership on the Website is free for buyers. Hyjiya do not charge any fee for browsing and buying on the Website. Hyjiya reserves the right to change its fee Policy from time to time. In particular, Hyjiya may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Hyjiya reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website, unless otherwise stated, all fees shall be quoted in US dollars. You shall be solely responsible for compliance of all applicable laws for making payments to Hyjiya.
Use of the Website
You agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles:
- You shall not host, display, upload, modify, publish, transmit, update or share any information which:
- Belongs to another person and to which You does not have any right to:
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing;
- Is misleading in any way;
- Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Harasses or advocates harassment of another person;
- Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
- Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone
- Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- Contains video, photographs, or images of another person (with a minor or an adult);
- Tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- Solicits gambling or engages in any gambling activity which Hyjiya, in its sole discretion, believes is or could be construed as being illegal;
- Interferes with another User's use and enjoyment of the Website or any other individual's User and enjoyment of similar services.
- Harms minors in any way;
- Infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
- Violates any law for the time being in force;
- Deceives or misleads the addressee/ Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Impersonate another person;
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- Threatens the unity, integrity, defence, security, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- Shall not be false, inaccurate or misleading;
- Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
- Shall not create liability for Hyjiya or cause hyjiya to lose (in whole or in part) the services of the internet service provider ("ISPs") or other suppliers;
- You shall not use any "deep-link", "page-scrape", "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 Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Hyjiya reserves its right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
- You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Hyjiya or the brand name or domain name used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Hyjiya's systems or networks, or any systems or networks connected to Hyjiya.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any Transaction being conducted on the Website, or with any other person's use of the Website.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Hyjiya on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
- You shall at all times ensure full compliance with the applicable provisions and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations regarding Your use of Our service, purchase, solicitation of offers to purchase of products or services.
- Is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
- Shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
- EShop(hyjiyastore) on the portal is managed by GlobalTech General Trading LLC, having its registered office at PO.Box 376920, Office No 941 C, Al Ghurair Center, Deira, Dubai, United Arab Emirates. On click of eShop you will be transferred to our site HyjiyaStore, hosted and managed by Global Tech General Trading LLC, UAE, Hyjiya's ecommerce and fulfillment partner. You agree to accept the terms and conditions of HyjiyaStore.
Contents Posted on Site
We view protection of Your privacy as a very important principle. We understand clearly that You and Your personal information is one of Our most important assets. We store and process Your information including any sensitive financial information collected, if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures. If You object to Your information being transferred or used in this way please do not use Website.
Disclaimer of Warranties and Liability
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this Website are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Hyjiya does not warrant that:
- The Website will be constantly available, or available at all; or
- To the best of information available the information on this Website is complete, true, accurate, error free or non-misleading.
Hyjiya will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Hyjiya does not warrant that this Website; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; its servers; or electronic communication sent from Us are free of viruses or other harmful components. Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the products sold on Website are governed by different state and centre laws and if seller is unable to deliver such products due to implications of different state and centre laws, seller will return or will give credit for the amount (if any) received in advance by seller from the sale of such product that could not be delivered to You. You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
While availing any of the payment method/s available on the Website (via eshop on hyjiyastore), we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
- Lack of authorization for any Transaction/s, or
- Exceeding the pre-set limit mutually agreed by You and between "Bank/s", or
- Any payment issues arising out of the Transaction, or
- Decline of Transaction for any other reason/s
Website will not facilitate Transaction with respect to any other form of currency with respect to the purchases made on Website.
Before shipping/delivering your order to you, seller may request you to provide supporting documents (including but not limited to Government issued identity card and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users. Further
- Transactions, Transaction price and all commercial terms such as delivery, dispatch of products and/or services are as per principal to principal bipartite contractual obligations between buyer and seller and payment facility is merely used by the buyer and seller to facilitate the completion of the Transaction. Use of the payment facility shall not render Hyjiya liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Hyjiya's Website.
- You understand, accept and agree that the payment facility provided by Hyjiya are neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through cash on delivery, collection and remittance facility for the Transactions on the Hyjiya Website using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, Hyjiya are neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction price.Payment Facility for buyers
- You, as a buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the seller to purchase the products and /or services from the seller using the payment facility, and You shall pay the Transaction price through Your issuing bank to the seller using payment facility.
- You, as a buyer, may agree with the seller through electronic communication and electronic records and using the automated features as may be provided by payment facility on any extension / increase in the dispatch and/or delivery time and the transaction shall stand amended to such extent. Any such extension / increase of dispatch / delivery time or subsequent novation / variation of the Transaction should be in compliance with payment facility rules and policies.
- You, as a buyer, shall electronically notify payment facility using the appropriate Hyjiya Website features immediately upon delivery or non-delivery within the time period as provided in policies. Non notification by You of delivery or non-delivery within the time period specified in the policies shall be construed as a deemed delivery in respect of that Transaction. In case of cash on delivery transactions, buyer is not required to confirm the receipt of products or services.
- You, as a buyer, understand that the payment facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services
- Except for cash on delivery Transaction, refund, if any, shall be made at the same issuing bank from where Transaction price was received.
- Hyjiya reserves the right to impose limits on the number of Transactions or Transaction price which Hyjiya may receive from on an individual Valid Credit/Debit/ Cash card / Valid bank account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator to provide enabling support facility for collection and remittance of payment or by an individual buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
- Hyjiya reserves the right to refuse to process Transactions by buyers with a prior history of questionable charges including without limitation breach of any agreements by buyer with Hyjiya or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
- Hyjiya may do such checks as it deems fit before approving the receipt of/buyers commitment to pay (for cash on delivery Transactions) Transaction price from the buyer for security or other reasons at the discretion of Hyjiya. As a result of such check if Hyjiya is not satisfied with the creditability of the buyer or genuineness of the Transaction / Transaction price, it will have the right to reject the receipt of / buyers' commitment to pay Transaction Price.
- Hyjiya may delay notifying the payment confirmation i.e. informing seller to Dispatch, if Hyjiya deems suspicious or for buyers conducting high Transaction volumes to ensure safety of the Transaction and Transaction price. In addition, Hyjiya may hold Transaction price and Hyjiya may not inform seller to dispatch or remit Transaction price to law enforcement officials (instead of refunding the same to buyer) at the request of law enforcement officials or in the event the buyer is engaged in any form of illegal activity.
- The buyer and seller acknowledge that Hyjiya will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/ Transaction price or any delay in processing a Transaction/Transaction price which is beyond control of Hyjiya.
Buyer's arrangement with Issuing Bank:
- All valid Credit / Debit/ Cash card/ and other payment instruments are processed using a credit card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the buyer and the respective issuing bank and payment instrument issuing company.
- All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank which support payment facility to provide these services to the Users. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between buyer and the respective issuing bank.
Compliance with Laws:
Buyer shall comply with all the applicable laws applicable to them respectively for using payment facility and Hyjiya Website.
Copyright and Restriction
This Website is controlled and operated by Hyjiya and products are sold by respective sellers. All material on this Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
Hyjiya respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to Hyjiya at firstname.lastname@example.org.
Hyjiya we do not warrant that product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
Limitation of Liability
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website to support@Hyjiya.com.
Disputes (Resolutions) Policy
Generally, Transactions are conducted smoothly on Hyjiya. However there may be some cases where both the buyers and sellers may face issues. At Hyjiya, we have a dispute resolution process in order to resolve disputes between buyers and sellers.
What is a 'Dispute'?
A 'Dispute' can be defined as a disagreement between a buyer and a seller in connection with a transaction on the Website ("Dispute").
How does a 'Dispute' occur in the Marketplace?
Disputes are filed as a result of a disagreement between the buyer and the seller. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue. It is important that before a buyer/seller raises a Dispute, they should attempt to solve the issue. Please note that whenever a buyer raises a Dispute, the seller's payment for that order is put on hold immediately until the issue is resolved.
How is a 'Dispute' created?
Whenever there is a disagreement, the buyer can write to email@example.com, in order to raise a Dispute. Disputes can be raised at a particular Transaction level.
What are the various types of 'Disputes'?
Following are the indicative examples of potential Disputes:
- Wrong item(s) received
- Item(s) not as described
- Damaged or seal broken on product(s)
- Part/Accessory missing
- Part/Accessory missing
- Seller description(s)/Specification(s) wrong
- Defective (Functional issues)
- Product(s) not working and manufacturer claims invalid invoice(s)
In case the seller rejects the return request of the buyer, and buyer raises a Dispute, then Hyjiya will try to mediate and resolve the Dispute between both the parties. If the dispute is resolved in favour of the buyer, a refund is provided once the product is returned to the seller. If the Dispute is settled in favour of the seller, buyer is not entitled to any refund.
Buyer Protection Program
In case of a dispute where the seller is unable to provide a refund or a replacement, Hyjiya will actively work towards reaching a resolution.
The buyer protection program covers buyers who are unable to successfully resolve their dispute with the seller or are not satisfied with the resolution provided by the seller ("Buyer Protection Program").
The buyer can write to firstname.lastname@example.org if the issue with the seller is not resolved. Hyjiya's customer support team will look into the case to check for possible fraud and if the buyer has been blacklisted/blocked from making purchases on the Website. Only after verifying these facts, a dispute can be registered.
In due course of resolution, Hyjiya's customer support team will facilitate a conference call including the seller and the buyer.
When a Dispute has been raised, Hyjiya may provide both the parties access to each other's display names, contact details including email addresses and other details pertaining to the Dispute. For settlement of Dispute buyers and sellers are subject to final consent from Hyjiya.
Buyer Eligibility and Restrictions
- Only the buyers who have purchased the product on Hyjiya are eligible for the Buyer Protection Program.
- Buyers can file a Dispute within 7 (seven) days from the date of delivery of the product
- Any damage or loss to the product after delivery will not be covered under this program and will completely be the buyer's responsibility. Buyers should refuse to accept delivery if the item is damaged.
- To be able to take advantage of the Buyer Protection Program, buyers should first contact the seller and attempt to resolve the issue. If the buyer doesn't hear from the seller or is unable to resolve the issue with the seller even after contact, a dispute can be raised with Hyjiya by writing an email to 'email@example.com'. Fraudulent charges and claims are not covered under Buyer Protection Program.
- If the buyer has already initiated chargeback through the credit card issuing bank, it will not be covered under Buyer Protection Program, though in such cases a seller can file a claim through the seller protection program.
- Blacklisted and blocked buyers are not covered by the Buyer Protection Program.
- Through the Buyer Protection Program, Hyjiya do not provide any guarantee/warranty to buyers for products sold on Hyjiya against technical/manufacturing defects.
- Raising Disputes against sellers does not automatically entitle the buyer to a refund or replacement for the product purchased. Hyjiya shall verify the Disputes so raised and may process only such claims that are valid and genuine.
- Hyjiya shall at no point be responsible for any direct or indirect losses, expenses, costs of any nature whatsoever that may be incurred by any buyer/seller.
- Claims of the nature of 'buyer remorse' (i.e. instances where products are bought by the buyer by mistake or where the buyer chooses to change his/her mind with regard to the product purchased by him) will not be entertained through this program.
- Hyjiya reserves its right to initiate civil and/or criminal proceedings against User who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Hyjiya may at its sole discretion suspend, block, restrict, cancel the display name [and its related display names] of such User and/or disqualify that User and any related Users from availing protection through this program.
- Decisions made by Hyjiya under the Buyer Protection Program shall be final and binding on its Users.
- Hyjiya reserves the right to modify / discontinue Buyer Protection Program without any prior notice period to its Users.
- Through this program, Hyjiya shall not entertain claims of buyers who have incurred loss due to delayed shipment or delivery of the item by the seller.
Disputes via Chargeback
Whenever a chargeback ("CB") comes from a payment gateway/bank, following situations may arise:
- Item not received CB - buyer hasn't received the item. Refund will be created in accordance with the dispute policies
- Unauthorized CB - buyer hasn't made this particular Transaction. Refund will be created in accordance with the Dispute Policies. Seller expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of the seller. Furthermore, seller shall ensure that invoices state "Powered by Hyjiya" and failing to do so seller will be liable for CBs (as applicable).
- Item not as described - meaning item is not what buyer expected. Dispute will be decided in accordance with the Dispute Policies.