Terms of Service
This product is a brand of SDB Pharmaceuticals and Surgical.
This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. Welcome to Hey Basic!
Hey Basic provides the content and services available on this website to you subject to the following Terms and Conditions, our Privacy Policy, Payment Policy, and other terms and conditions and policies which you may find throughout our website in connection with certain functionality, features, or promotions as well as customer service, all of which are deemed a part of and included within these Terms and Conditions (collectively, “Terms and Conditions”). By accessing or using this website, you are acknowledging that you have read, understood, and you agree, without limitation or qualification, to be bound by these Terms and Conditions in this Agreement, so please read this carefully before proceeding.
Privacy
Please review our Privacy Policy so that you may understand our privacy practices.
Payment Policy
Please see our Payment Policy to understand the purchase processes of our products. All international shipping orders may attract local duties applicable in that country and accordingly, the customer will have to pay such local duties/taxes.
Products and Services for Personal Use
The products and services described on this website, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
Intellectual Property
All information and content available on the website and its “look and feel,” including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation and organization thereof (collectively, the “Content”) is the property of Hey Basic, our affiliates, partners, or licensors, and is protected by laws of India, including laws governing all applicable forms of intellectual property. Except as set forth in the limited licenses in Section 6, or as required under applicable law, neither the Content nor any portion of this website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
Your Obligations and Responsibilities
In the access or use of the Hey Basic website, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the website. You shall act always in accordance with the law, custom, and in good faith. You may not make any change or alteration to the website or any Content or services that may appear on this website and may not impair in any way the integrity or operation of the website. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to Hey Basic, our affiliates, partners, or licensors.
Special Features, Functionality, and Events
Hey Basic may offer certain special features and functionality or events (such as contests, promotions, or other offerings) which may (a) be subject to terms of use, rules, and/or policies in addition to or in lieu of these Terms and Conditions; and (b) be offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules, and/or policies.
User Content
When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the website, you are entirely responsible for such User Content. Such User Content constitutes a Submission under Section 10 below. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the website. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the website User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate, or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary and/or intellectual property rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation, or promotional material, including chain letters, mass mailings, or any form of “spam.” You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users. We do not endorse or control the User Content transmitted or posted on the Hey Basic website and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using this website, you may be exposed to User Content that is offensive, indecent, or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the website. You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
Accuracy of Information
We attempt to be as accurate as possible when describing our products on the website. However, except to the extent implied by applicable law, we do not warrant that the product descriptions, colors, information, or other content available on the website are accurate, complete, reliable, current, or error-free.
Limited Licenses
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Hey Basic website. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the website or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the website or any and/or all Content (except caching or as necessary to view the website); (c) make any use of the website or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the website or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other “hidden text” utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the website or affixed to or contained in the website. We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the website for personal, non-commercial use only. A website that links to the website (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive, controversial or illegal or inappropriate for any ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any page of the website other than the home page. We may, in our sole discretion, request that you remove any link to the website, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking. Any unauthorized use by you of the Hey Basic website or any and/or all of our Content automatically terminates the limited licenses set forth in this Section without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
Your Account
You may choose to register at our website. If you do, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username, and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username, and/or password. You agree to provide only accurate, truthful information. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interests to do so.
Third Party Links
We are not responsible for the content of any off-website pages or any other websites linked to or from the Hey Basic website. Links appearing on the website are for convenience only and are not an endorsement by us, our affiliates, or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of off-website pages or any other websites linked to or from the website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
Submissions
It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas, or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us a non-exclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display in any manner any Submission. You agree and represent that no Submissions sent to the website or us will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Submissions sent to the website or us will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any Submission you make.
Disclaimer of Warranties; Limitation of Liability
The website is presented “as is.” We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the website, including but not limited to warranties of merchantability, non-infringement, or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable. You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort, including negligence, or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the website; (c) data non-delivery, misdelivery, corruption, destruction, or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the website; (e) computer viruses, system failures, or malfunctions which may occur in connection with your use of the website, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in content or (g) events beyond our reasonable control. Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the website or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed Indian Rupees.
Indemnification
You agree to defend, indemnify, and hold us harmless for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the website or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
Disputes
With respect to any dispute regarding the website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of India, as if the Terms and Conditions were a contract wholly entered into and wholly performed within India. Any dispute relating in any way to your visit to the website shall be submitted to confidential arbitration in India, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners, or licensors or otherwise have a cause of action against us, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court. Arbitration under this agreement shall be conducted under the rules then prevailing of the Indian Arbitration Act. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
General
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the website and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the website and providing notice of such change. Any changes are effective immediately upon posting to the website and release of notice of such change. Your continued use of the website thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the website. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other forms of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
Termination
You may terminate this Agreement at any time, provided that you discontinue any further use of the website. We also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the website if, in our sole discretion, you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this website, as well as all copies of such materials, whether made under the Terms of Use or otherwise. The following sections shall survive any termination of this Agreement: “Your Obligations and Responsibilities,” “Intellectual Property,” “User Content,” “Submissions,” “Disclaimer of Warranties; Limitation of Liability,” “Indemnification,” “Disputes,” and “General.”
Miscellaneous
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Hey Basic to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Hey Basic’s rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under Indian law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of this site must be brought in the courts of India.
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