When we say “Heartinz,” “our,” “we,” or “us,” we’re talking about Heartinz Technologies Private Limited, having an office at address 111,R G ST, Coimbatore, TamilNadu , India - 641001.
This Privacy Policy (“Privacy Policy”) applies to all of our apps, services, features, software, and websites (together, “Services”) unless specified otherwise.
1. Acceptance of Terms and Conditions and Amendments
Each time you use or cause access to Heartinz you agree to be bound by the Terms and Conditions listed below, as amended from time to time with or without notice. In addition, if you are using a particular service on or through Heartinz Technologies Private Limited, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms and Conditions. Please see our privacy policy, which is incorporated into these Terms and Conditions by reference. Subject to these terms and conditions we grant to you, strictly for your use pursuant to these terms and conditions, a non-exclusive, non-transferable and non-sublicensable license to use the service solely for your own use and in accordance with our terms and conditions.
Your use of the Heartinz and services and tools are governed by the following terms and conditions ( "Terms of Use" ) as applicable to the Heartinz including the applicable policies which are incorporated herein by way of reference. If You transact on Heartinz , You shall be subject to the policies that are applicable to Heartinz for such transaction. By mere use of Heartinz , You shall be contracting with Heartinz Technologies Private Limited and these terms and conditions including the policies constitute Your binding obligations, with Heartinz Technologies Private Limited.
For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on Heartinz by providing Registration Data while registering on Heartinz as a Registered User using the computer systems. Heartinz Technologies Private Limited may allow the User to surf Heartinz or make purchases without registering on Heartinz.
When You use any of the services provided by Us through Heartinz , including but not limited to, (e.g. Product Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of Heartinz following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use Heartinz.
1.a) ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING .
Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the explicit permission of Heartinz. All information displayed, transmitted or carried on Heartinz is protected by copyright and other intellectual property laws. All rights, including copyright, in this website are owned by or licensed to Heartinz. This site is designed, updated and maintained independently by Heartinz. The content is owned by Heartinz. You may not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available in the website.
Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the explicit permission of Heartinz. All information displayed, transmitted or carried on Heartinz is protected by copyright and other intellectual property laws. All rights, including copyright, in this website are owned by or licensed to Heartinz. This site is designed, updated and maintained independently by Heartinz.
The content is owned by Heartinz. You may not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available in the website.
Information, services, names, pictures, advertisements, images and contents are provided “as is” on this web site. Heartinz Private Limited expressly disclaims all and any kind of warranties, whether express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Parties using the information provided on this web site may do so after satisfying themselves that the same suits their individual requirements.
Heartinz uses information voluntarily provided by users to optimise their experience on our website, whether to provide personalised elements on the site, or to prepare a better future content base in the interests of our users. However, the information contained on this web site is not intended to be, and should not be treated as legal or professional advice. “Heartinz” is a registered trademark. All other trademarks, company names or logos, and product names referred to in this web site remain the property of their respective owners.
In no event shall Heartinz be responsible to any person or entity for any loss or damage, whether direct, indirect, incidental, consequential or otherwise, arising out of access or use or dissemination of information contained on this web site, including, but not limited to, loss of profits, data, or damage to the user’s computer systems. The information, contents, names, images, etc. may be changed, updated, modified and/or improved from time to time without any notice.
Heartinz shall make all reasonable attempts to eliminate and exclude viruses from this web site. However, Heartinz does not ensure or accept any liability in respect thereof. Parties using this web site may take suitable precautions before downloading information.
This Disclaimer Clause and any claims arising out of the use of the information from this web site shall be governed by the laws of India and only the Courts in Delhi, and no other Courts, shall have jurisdiction over the same. By accessing this web site, the user accepts this.
When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Heartinz.in on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the “Comments”) shall be and remain Heartinz.in property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Heartinz.in of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Heartinz.in is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of ‘spam’. Heartinz.in does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Website. You grant Heartinz.in the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Heartinz.in and its affiliates for all claims resulting from any Comments you submit. Heartinz.in and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
The Service Provider will use the customer information as shared by the merchant to update and inform the customer through sms, whatsapp and/or email regarding the delivery status of the product and obtain feedback from the customer regarding the said service to improve customer experience with the service provider.
The said information will be used for the purpose of updating the customer with the delivery status of the product and improving our service for the customer.
Heartinz Private Limited (“Heartinz” or “we” or “our”) is a private limited company incorporated under the provisions of Companies Act, 2013.
Heartinz is engaged in the business of providing digital solutions through web/QR/WhatsApp based digital platform(s) (“Heartinz Platform”) which enable the merchants to connect to their customers inter alia by way of integration of social media platforms, in store ordering & billing system, bank/payment gateways and delivery partners (“Heartinz Services”).
Heartinz is a B2B and B2C company providing technology solutions through the Heartinz Platform, to various business(es) and to the end customers as well. It is hereby clarified that Heartinz is only a technology provider/intermediary/e-commerce facilitator and that Heartinz is not performing any activity/job or providing services which may tantamount to it being a seller, retailer, stockist and/or distributor.
Heartinz has developed an exclusive URL (“Heartinz URL”) for each of the merchant listed/registered with Heartinz (“Merchant” or “you” or “your'') in order to provide Heartinz Services to the customers of the Merchant / user of the Heartinz URL (“Customer”). Further, Heartinz has developed a mobile application namely ‘Heartinz NetStore’ (“Heartinz Mobile App”) for assisting the Merchant(s) inter-alia with respect to registration process with Heartinz and processing of Customer’s orders.
These terms and conditions (“T&Cs'') shall govern use of the Heartinz URL and Heartinz Mobile App (together referred as the “Heartinz Applications”) by the Merchant; accordingly, please read these T&Cs carefully before accessing or using the Heartinz Applications. Merchants are also advised to read the Customer's Terms & Conditions before accessing the Heartinz Applications. If you do not agree to these T&Cs and/or Customer's Terms & Conditions, you shall not use the Heartinz Applications and/or register yourself as a Merchant. By using the Heartinz Applications, you signify your unconditional acceptance to these T&Cs and other Heartinz policies (as framed by Heartinz from time to time).
All Merchants shall register on the Heartinz Mobile App for offering/selling their products on the Heartinz URL. Registration includes (but is not limited to) completing the on-boarding process, providing necessary KYC documents and linking your bank account.
Merchant shall always provide true, accurate, valid, correct, complete and up to date information on the Heartinz Applications. Such information shall include (and not be limited to) pricing, inventory, menu, customer data, inputs, bites, discount, taxes and other information as requested by Heartinz from time to time.
Merchant shall at all times: (a) strictly comply with all applicable laws, now or hereafter in effect, relating to its performance of these T&Cs; (b) pay all fees and other charges required by such applicable law; and (c) obtain and maintain in full force and effect all licenses, permits, authorizations, registrations and qualification from any authority to the extent necessary to perform its obligations hereunder.
Merchant shall be solely liable for quality, efficiency, availability and merchantability of its products and services. Further, merchants shall not offer, sell or deliver any products or services through the Heartinz Applications, which are illegal, banned, restricted or which are not in compliance with applicable laws.
Merchants shall solely be responsible for payment of all applicable levies, duties, taxes and alike charges in relation to the products and services. This includes and is not limited to payment of GST.
In the event Heartinz believes/notices that the Merchant is involved in any fraudulent activity/transaction or in any activity which is in breach of applicable law, these T&Cs or any other policy of Heartinz, then Heartinz would inter-alia have the right to withhold the amounts to be received by the Merchant from its Customer(s) and/or suspend your account till the resolution of the matter/dispute.
Heartinz Applications enable the Merchants to offer, sell and take orders for their products from the Customers (“Order”), by providing various details of their products.
Customers shall have the option of self pick-up of the Orders from the Merchant’s store, or getting the Order delivered to their address provided by them on the Heartinz URL.
Please note that delivery of the Orders shall be done by the Merchant himself (or through a third party), hence the Merchant shall be solely liable and responsible in relation to delivery of the Orders to the Customers.
Heartinz does not provide delivery services, hence shall not be liable and responsible in relation to the delivery of the Orders to the Customers.
All disputes in relation to the delivery of Orders shall be directly settled by the Merchant with the Customers, without the intervention of Heartinz.
Merchants shall ensure that the products listed on the Heartinz URL are sold at MRP, unless otherwise specified.
Typically, the price mentioned at the time of ordering will be the charged on the date of the delivery.
However, prices of certain products/items may differ on the date of actual delivery. Accordingly, in case the prices are higher or lower on the date of delivery – the differential amount will be paid to or collected from the Customer (as the case may be).
Heartinz may, in its sole discretion, provide rewards/cashbacks to any or all Merchants as per its internal policies.
All aspects/policies pertaining to the aforesaid rewards/cashbacks (including but not limited to introduction, amount, criteria, mode, modification, payment and withdrawal) shall be solely decided by Heartinz. In case of any abuse, misuse or fraud by the Merchants with respect to rewards/cashbacks, Heartinz shall have the right to hold and/or adjust the payment of the Merchants.
All Payments In Heartinz are handled by Our Respective Payment partners and Heartinz Merchants and Customers who make payments should check the Privacy Policy and terms and Conditions of Respective payment gateways registered by the merchants.
These Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do the necessary actions.
Customers cannot cancel their Order (or any product therein) and the same can only be cancelled by the Merchant if they are unable to serve the Customer for any reason (including but not limited to unavailability of the products/items).
In certain cases (including but not limited to selling illegal products/items), Heartinz shall have the right to cancel the Orders (or any product therein).
Heartinz and/or Merchant reserves the right to put necessary limits / restrictions on the Orders, including but not limited to limit on number of Orders by a particular Customer and minimum & maximum value of the Orders.
Heartinz does not provide or make any representation, warranty or guaranty, express or implied, about the Heartinz Services, Heartinz Platform, Heartinz URL and Heartinz Mobile App, and to the fullest extent permitted by law disclaims all liability arising out of the Merchant’s use or reliance upon the same.
In addition to other limitations and exclusions in these T&Cs, in no event shall Heartinz, its directors, officers, employees, agents or other representatives be liable for any direct, indirect, special, incidental, consequential, or punitive damages, or any other damages of any kind, arising out of or related to Heartinz Services, Heartinz Platform, Heartinz URL and Heartinz Mobile App.
Heartinz shall not be liable to the Customers for any product(s) or service(s) provided by the Merchant, or any liability in relation thereto. All claims pertaining to the same shall be directly settled by the Merchant.
Heartinz neither makes any representation or warranty as to specifics (such as quality, value, saleability, merchantability, etc.) of the product(s) or service(s) sold or offered to be sold or purchased on the Heartinz Applications, nor does it implicitly or explicitly support or endorse the sale or purchase of any product(s) or service(s) on the Heartinz Applications.
Heartinz accepts no liability for any error, omission, breach or non-performance, whether on behalf of itself or third parties (including the Merchant).
Any contract for sale of any product(s) or service(s) on Heartinz Applications shall strictly be a bipartite contract between the Merchant and Customer. Merchant shall solely be responsible for order fulfilment, sale, efficacy, quality, quantity, merchantability, delivery and all other issues. Heartinz shall not be responsible for any such aspects/issues and for any loss/damage in relation thereto, and in case of complaints from the Customer pertaining to such aspects/issues, Heartinz shall notify the complaints to the Merchant. The Merchant shall be liable for redressing Customer’s complaints at the earliest. Heartinz shall not be liable in case Merchant does not satisfactorily address said complaints. Customers shall have the right to initiate appropriate legal action against the Merchant.
It is hereby clarified that Heartinz is only a technology provider / intermediary / e-commerce facilitator and that Heartinz is not performing any activity/job or providing services which may tantamount to it being a seller, retailer, stockist and/or distributor. Heartinz has no role and responsibility in the actual sale, delivery or fulfilment of the Orders, and Heartinz only provides a platform for facilitating Orders. Further, Heartinz shall also not be responsible for any payment related issues at Merchant’s or Customer’s end (including but not limited to chargeback or refund related issues).
Details of the items, products, menu, price list, etc. available on the Heartinz Applications shall be based on the information provided by the Merchant, and Heartinz shall not be responsible for any change or cancellation or unavailability.
In addition to the above terms, the terms and conditions of the Merchant (if any) shall also be applicable in relation to the transactions specified in these T&Cs. Merchant shall inform such terms and conditions to the Customer in advance.
In the process of registration with Heartinz and processing of Orders, Heartinz may collect certain personally identifiable information about the Merchant such as name, email address, mobile phone number, contact details and bank account details.
Heartinz is committed to protect the personal information of the Merchants and to take all reasonable precautions for maintaining confidentiality of the Merchant’s personal information.
Heartinz has adopted reasonable security practices and procedures that are commensurate with the information assets being protected and with the nature of our business and to include, technical, operational, managerial and physical security control measures so as to protect the personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.
In this regard, Heartinz has framed a privacy policy (“Privacy Policy”) which applies to the users of the Heartinz Applications and other Heartinz platforms.
This Privacy Policy has been published in accordance with the (Indian) Information Technology Act, 2000 and the rules/regulations framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and is available on https://heartinz.com/privacy-policy.html.
Privacy Policy has been designed and developed to help to provide for the following:
Heartinz reserves the right to use the personal information provided by the Merchants as per the terms of the Privacy Policy inter-alia for processing the Orders and for improvement of services, features and functionality of the Heartinz Platform.
Merchant fully understands that usage of the Heartinz Applications by the Customers may create or generate databases in respect of such Customers. All rights and ownership with respect to such database and information therein shall vest with Heartinz. Heartinz shall have the right to inter-alia use such Customer information/database for the purposes of research, analysis, business intelligence and improvement/development/advancement of Heartinz Applications.
Any conversations / correspondences between the Merchant and Customer (including any WhatsApp conversations) shall be considered as private, and Heartinz shall not be deemed to be a party to such conversations / correspondences.
Limited Sub-License: Heartinz grants you a limited sub-license to access and make personal use of the Heartinz Applications and not to modify it, or any portion of it, except with express written consent of Heartinz. This license does not include any resale or commercial use of Heartinz Applications or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of Heartinz Applications or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Heartinz Applications or any portion thereof shall not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Heartinz. It is hereby clarified that Heartinz shall not be responsible for any copyright or intellectual property issue in relation to the suggested product images (as available on the Heartinz Applications) and in relation to the product images uploaded by the Merchant.
Eligibility: Services of the Heartinz Applications will be available to only in select geographies in India. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Heartinz Applications. If you are a minor, you may use the Heartinz Applications only under the supervision of a parent or legal guardian who agrees to be bound by these T&Cs.
Indemnification: You agree to defend, indemnify and hold harmless Heartinz, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, which may result in any loss, damage or liability to Heartinz, Customer or to any third party, on account of (including but not limited to) breach of any warranties, representations or undertakings, or in relation to the nonfulfillment of any of your obligations under these T&Cs, or arising out of your violation of any applicable laws, regulations.
Electronic Record: This document is an electronic record in terms of Information Technology Act, 2000 and the rules made thereunder, as applicable and as amended from time to time.
Modification: Heartinz reserves the right to modify or change these T&Cs and other Heartinz policies at any time by posting changes on the Heartinz Applications/website, and you shall be liable to update yourself of such changes. Your continued usage of the services after any change is posted constitutes your acceptance of the amended T&Cs/policies.
Termination: Heartinz may terminate this agreement / T&Cs at any time and may do so immediately without notice, and accordingly deny you access to the Heartinz Applications. Any such termination will be without any liability to Heartinz.
Severability: If any of the provisions of these T&Cs should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these T&Cs are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining T&Cs shall survive, remain in full force and effect and continue to be binding and enforceable.