Overview
Warmhands Design Labs Private Limited (with its affiliates, “Warmhands”, “we”, “us” and “our”) offers our website(s) or store(s) or mobile application(s), including all information, tools and services available from this site or store or mobile application to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. The website https://warmhands.tech, and all associated sites linked to https://warmhands.tech is the property of Warmhands Design Labs Private Limited or its licensors.
By visiting our website(s) or store(s) or mobile application(s) and/ or purchasing something from us, you engage in our “Service”, “Services” through which you can buy, get, license, rent or subscribe to "Content", “Contents” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Terms of Service is a legally binding contract between you a user of the website, Services and or Warmhands Contents and Warmhands. If you access the website and or use the Services and or Warmhands Content on behalf of an "Organization" such as a company, partnership or other legal entity, you are also entering this legally binding contract on behalf of the Organization and you represent that you have authority to agree this Terms of Service on behalf of the Organization. This Terms of Service shall also be effective when you use and or purchase products, Services, Content, or third party service from Warmhands. The Terms of Service will also become effective when signed by an agent of the Company at Warmhands request. If you are a Company, you represent and warrant that the individual who accepts this Terms of Service on your behalf is your duly authorized representative, having the power and authority to bind you to this Terms of Service including all applicable additional terms. These Terms of Service apply to all users of the website(s) or store(s) or mobile application(s), including without limitation users who are browsers, vendors, customers, affiliates, merchants, and/ or contributors of Content. Warmhands and you are each a party ('Party') to the Terms of Service and collectively may be referred to as parties ('Parties') to the Terms of Service.
Please read these Terms of Service carefully before accessing or using our website(s) or store(s) or mobile application(s). By accessing or using any part of the website(s) or store(s) or mobile application(s), you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website(s) or store(s) or mobile application(s)or use any products or Services. If, at any time, any part of the Terms of Service is no longer acceptable to you, immediately terminate your use of the website, products and or Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website(s) or store(s) or mobile application(s) or Services following the posting of any changes constitutes acceptance of those changes.
Section 1 - Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature, use or launch any automated system, including, robots, spiders, or offline readers, that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of website, systems or networks, or any systems or networks connected to the website or to Warmhands.
You may not post personal, private or confidential information belonging to others.
You must not link to our website without a written agreement between you and Warmhands authorizing you to do so.
A breach or violation of any of the Terms of Service will result in an immediate termination of your Services.
Section 2 - General Conditions
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
Although the website is accessible worldwide, not all features, products, Contents or Services discussed, referenced, provided or offered through or on the website may be downloaded, or are available to all persons or in all geographic locations, or appropriate or available for use outside India. Access to the Contents may not be legal by certain persons or in certain countries. If you access the Sites from outside India, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms.
Section 3 – Copyright
This website and all the information it contains, or may in the future contain, including, but not limited to, articles, bulletins, reports, press releases, opinions, text, directories, guides, photographs, illustrations, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services, domain names, trademarks, trade names, service marks, logos along with any other distinctive brand features of Warmhands or its suppliers are the property of Warmhands, and is protected from unauthorized copying and dissemination by trademark law, international conventions, applicable intellectual property and other laws. Certain of the trademarks and logos displayed on the site are owned by third parties. Except as we have described in these Terms of Service, nothing contained on this website should be construed as granting, by implication, or otherwise, any license or right to use this website or any Content displayed on this website, without the prior written permission of us or such third party that may own the trademark or copyright of material displayed on this website. No portion of the Content or Services may be transferred or reproduced in any form or by any means, except as expressly permitted by this Terms of Service. You agree not to modify, transfer, rent, lease, loan, sublicense, assign, sell, share, time share, attempt to create any derivative works of the Content or Services, commercially exploit or distribute the Content or Services in any manner, and you shall not exploit the Services in any manner not expressly authorized.
You shall not remove, obscure or modify any copyright, acknowledgements, credits, disclaimers or other notices placed on website Content or material provided during Service.
We shall own all right, title and interest in and to our pre-existing property and all intellectual property rights therein. We shall retain ownership of the copyright and all other intellectual property rights in the outcome of the Services, whether oral or tangible, and ownership of our working papers, ideas techniques, concepts, source code & object code, macros and other efficiency tools. For the purposes of delivering Services to you or other clients, Warmhands shall be entitled to use, develop, duplicate, modify or share with each other, knowledge, experience and skills of general application gained through performing the Services. You shall acquire limited, non-transferable, non-exclusive, non-sublicensable, personal and or revocable license to use of any product of the Services in its tangible form on payment of our fees in full.
In the event Warmhands suspects that the products and or Services is being shared with another party, Warmhands reserves the right to immediately terminate your access to the product and Services.
Section 4 - Accuracy, Completeness And Timeliness Of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the Contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 5 - Modifications To The Service And Prices
Prices for our products and Services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or Content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Section 6 - Products or Services
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Return policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's or handheld device's display of any color will be accurate.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities of products or Services purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by affiliates, dealers, resellers or distributors. For more detail, please review our Refund policy.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, are able to operate on an uninterrupted basis, meet your requirements, or capable of being integrated into or with your computer system, applications or network or that any errors in the Service will be corrected.
We may supply oral, draft or interim advice or reports but in such circumstances our written advice or our final written report shall prevail. No reliance shall be placed by you on anything draft or interim.
Any product of the Services in any form or medium shall be supplied for your benefit and information only. Except as may be required by law or by a competent regulatory body (in which case you shall promptly notify us in writing of such request or requirement so that we may seek an appropriate protective order or other relief), it shall not be copied, referred to or disclosed by you, in whole or in part, without our prior written permission. You shall not quote our name or reproduce our logo in any form or medium without our prior written permission.
We shall not be obliged to update any advice, report or Services, oral or written, for events occurring after the advice, report or Service concerned has been issued in final form.
Once your subscription period, retainer term or Services are complete, you may no longer have access to data and other material that you or your end users may have stored in connection with Services, and that data, account and material may be deleted by us.
Section 7 - Scheduling an Appointment for Services
After you purchase an appointment for Services listed on the website, you will receive a confirmation of appointment for Services, ("Meeting") on the website and / or via calendar invite and / or SMS and / or email and / or an online communication or messaging service within two (2) business days. We reserve the right to reschedule or cancel a Meeting without any prior notice. The time provided for Meeting to you is indicative and actual Meeting time may change depending on our discretion. Meeting can be rescheduled free of cost, up to one (1) hour prior to the start of the Meeting for an audio / video / chat-based guidance and up to twelve (12) hours prior to the start of an in-person Meeting. You are allowed to reschedule an online meeting up to a maximum of three (3) times for free and are allowed to reschedule an in-person meeting once for free.
We shall respond to intermittent telephonic, e-mail, or direct contact from you as needed if within the purchased hours of Service. We shall respond to such a contact within 24 hours during the workweek.
Please ensure that you are equipped with proper video conference equipment and internet connectivity as required for the Service you want to avail. In case of inadequate video conference equipment, technical error or defective internet connectivity, we reserve the right to reschedule or cancel your Meeting without any notice.
Section 8 - Accuracy Of Billing And Account Information
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Section 9 - Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
Section 10 - Third-Party Links
Certain Content, products and services available via our Service may include materials from third-parties.
Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the Content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, Content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
For the avoidance of doubts, it is expressly clarified that – (a) Warmhands is not acting as a ‘marketplace’ in so far as display, exhibition, delivery, fulfilment, purchase or sale of any products over a third-party platform; (b) Warmhands merely provides a link and or technological connectors to third-party platform for the purposes of redirection and minimise experience loss to you.
Section 11 – Linking Policy
You must not link to our website without a written agreement between you and Warmhands authorizing you to do so. Warmhands prohibits site caching, the use or posting of unauthorized hypertext links to Warmhands website and the framing of any Content available through the Warmhands website. You may link to the Warmhands website only via the websites home page or a designated gateway page. A gateway page is any page that is the first and primary page that serves as a starting point to a significant body of content. Links can be by text only and may only read "Warmhands". Images of Warmhands logo can only be used for link purposes and can only be made with the express written permission of Warmhands. By linking to our website, you acknowledge and agree that all rights to our trademarks or service marks used on our website, the Content appearing on our website and the design of our website belong to Warmhands. You must not misrepresent your relationship with Warmhands or present false or misleading impressions about Warmhands. You agree to indemnify and defend Warmhands against all claims against Warmhands arising out of or based upon your website. No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights. Warmhands reserves the right at any time and in its sole discretion to request that you remove all links or any specific link to our websites from your website and upon same, you agree to immediately remove all links to our website and to cease using Warmhands name for linking purposes.
Section 12 - User Comments, Feedback And Other Submissions
Warmhands policy is to not accept unsolicited ideas, suggestions confidential, secret, proprietary information or other material from you through the website, by e-mail or in any other way.
Warmhands do not accept unsolicited materials or ideas for Warmhands Content and is not responsible for the similarity of any of its content in any media to materials or ideas transmitted to Warmhands.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, techniques, know-hows, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'Comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (a) to maintain any Comments in confidence; (b) to pay compensation for any Comments; or (c) to respond to any Comments. All Comments will be treated as nonconfidential and non-proprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, sublicense, transmit, adapt, create derivative works from such Comments by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Comments and incorporate in other works any Comments (in whole or part) in any form, media, or technology now known or later developed, including for promotional and or commercial purposes. All Comments shall automatically become our sole and exclusive property and shall not be returned to you.
We may, but have no obligation to, monitor, edit or remove Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any Parties intellectual property or these Terms of Service.
In addition to the rights applicable to any Comments, when you post reviews to the Site, you also grant us the right to use the name, other details & documents that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other Content.
You may not use the Service to post a dishonest, abusive, harmful, misleading, or bad faith rating or review, or a rating or review that is irrelevant to the Service availed or Content being reviewed. You may not post, modify, or remove a rating or review in exchange for any kind of compensation or incentive.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
All questions and other information you submit to Warmhands through the Services, and our responses to those questions, are the exclusive property of Warmhands. You hereby assign to Warmhands all rights in such questions and information.
Section 13 - Health Disclaimer
Because some information on the Service may relate to health, fitness and nutritional information, you agree to use your good judgment and reasonable care, including seeking professional medical advice, prior to making any changes to your exercise, fitness, diet or nutrition routine. No information on the Service is intended as medical advise or health related information and the opinions and views expressed have no relation to those of any academic, hospital, health care practice or other institution.
Section 14 - Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. For more detail, please review our Privacy Policy.
Section 15 - Errors, Inaccuracies and Omissions
Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, specifications, pricing, promotions, offers, map data, postal codes, addresses & contact details, product shipping charges, transit times and availability. The inclusion of any products of Services on the website(s) or store(s) or mobile application(s) at a particular time does not imply or warrant that these products or Services will be available at any time. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
You should not take, or refrain from taking, action based on the Content of our website and Services.
Images of people in the Content may be their current or former images or may feature current or former personnel or models not connected with Warmhands.
Rankings and other materials from sources may refer to current or historic data.
Warmhands and its suppliers are not responsible or liable for the deletion or failure to store any of your user data and any other communication maintained or transmitted by these Services. You are solely responsible for saving the web application, projects as the case may be.
You understands and agrees that every customer and final result using the product and Services is different and that the product and Services is intended for a mass audience.
Section 16 - Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Services, website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts (including without limitation in violation of any data, privacy, anti-bribery or export control laws); (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights, trademark, patent, trade secret or violates any right of privacy or publicity or such rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, color, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to reverse look-up, trace or seek to trace any information on any other user, visitor to the website, or any other customer of us, including any Warmhands account not owned by you, to its source; (j) to spam, phish, pharm, pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; (l) to upload, distribute or publish any content that is an advertisement or solicitation of business; (m) to incite any offence or prevent investigation of any offence or insult any nation; (n) to threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order; (o) to be abusive or inappropriate to any employees, consultants or any group company or affiliate who you may interact with for availing Services; (p) to request personal information from a minor or harm minors in any way; (q) to post any illegal content, including child sexual abuse material; (r) to create multiple accounts, applications, project to simulate as a single account to avoid paying fees as applicable; (s) to use our products & Services in a way that damages the reputation and goodwill of Warmhands, as determined by Warmhands at its own discretion; (t) to use our products & Services to build commercial applications and products without paying a fee to Warmhands; (u) access the Services if you are a competitor of ours or use the Services to build a similar or competitive work; (v) disrupt the normal flow of dialogue or make a submission unrelated to the topic being discussed; (w) post a chain letter or pyramid scheme; (x) post the same note more than once or spamming or engage in any other conduct that restricts or inhibits any other person from using or enjoying the websites and Services; (y) read or attempt to read or derive the source code of the Services or the software underlying the Services (except as permitted by law); (z) work around any technical limitations in the Services; (aa) to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us; (ab) to probe, scan or test the vulnerability of the website or any network connected to the website; (ac) mirror any Content on any other server; (ad) to alter, insert advertising, sponsorship, or promotional messages in, or immediately adjacent to, in any respect, to an embedded video (including without limitation the content, format, and length, and the advertising associated therewith) from how it is served from our servers or (ae) to interfere with or circumvent the security features, authentication measures, functionality or performance of the Service or any related website, other websites, or the Internet.
Your failure to comply with policies for acceptable use will have consequences including but not limited to (a) removal of content, suspension or closure of your account, terminate your use of the Service or any related website (b) revoke your ability to share particular types of content or use certain features (c) refer issues to law enforcement.
Section 17 - Maps used in Website/Services
Maps are published by Google or similar sources and or sourced under an open license. The boundaries and names shown and the designations used do not necessarily imply the expression of opinion on the part of Warmhands or its personnel in respect of the legal status of any geographic region, frontier, or boundaries.
Section 18 - Disclaimer Of Warranties; Limitation Of Liability
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the product and or Service will be accurate or reliable.
We shall not be liable for deficiency or shortfall in products and or Services, faulty judgment, interpretation error, perception error, adverse events, inefficiency of advice, unavailability of the recommended systems under any condition or circumstances. You are advised to use your discretion in following the advice obtained through our Services.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
Our website may become unavailable to you as a result of maintenance, malfunction of computer hardware or software, or for other reasons, and may result in damages to your systems or operations.
You shall be solely responsible for ensuring that any information or Content obtained from the website does not contain any virus, worm, mole or other computer software code designed to disable, erase, impair or otherwise damage your systems, software, or data.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
You expressly agree that the entire risk as to the quality and performance of the website, products & Services and the accuracy or completeness of the Content is assumed solely by you.
Nothing contained in the website, content or Services shall be construed as investment advice. We are not a registered broker-dealer or investment advisor and do not give investment advice or recommend one product over another or evaluate the suitability of any investment or investment strategy.
Warmhands does not engage in the practice of law through the website and or its Services. Our Services do not constitute legal advice and you may not consider any information provided to you through our Services as legal advice or as a substitute for legal advice. Warmhands cannot provide you with any assurance that its processes associated with its Services are sufficient to preserve any accountant-client, attorney-client, work product, or any other applicable privilege or protection that you or any third person may have or be obligated to maintain, or that may otherwise apply to the questions and information you submit.
You are solely responsible for determining whether your use of our Services could be deemed to waive or impair in any manner any applicable privilege or protection.
We permit users to submit questions, comments, suggestions and the like for inclusion in public discussion which will be used by our other users. We assume no responsibility for the Content or accuracy of any such submissions, nor for any recommendations or opinions that may be expressed therein, nor for the suitability or applicability to a particular user of any such submissions.
In no case shall Warmhands, our directors, officers, joint venture partners, employees, affiliates, agents, contractors, interns, suppliers, distributors, stockists, service providers, unaffiliated third parties or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of or the inability to use any of the service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of the Service or any Content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. To the maximum extent permitted by applicable law, our total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to us during the month immediately preceding the act allegedly giving rise to our liability or prorate fees for the fulfilled portion of Service whichever being lower.
Section 19 – Indemnification
You agree to indemnify, defend and hold harmless Warmhands and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, distributors, stockists, interns and employees, harmless on a continuing basis from any claim or demand, legal proceedings, losses, damages, costs (including but not limited to legal costs on a full indemnity basis), expenses, penalties, and fines including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party or infringement upon the intellectual property rights or any other rights of any person and or constituting a breach of confidence. This clause shall survive the termination of this Terms of Service or any part thereof.
Section 20 - Moral Conduct
You shall not resort to or in any way abet any form of strike or coercion or physical duress in connection with any matter pertaining to the Services.
Section 21 - Safety
You are responsible and accountable for your own safety and the safety of those around you. You are expected to identify safety and ergonomic hazards and take corrective actions to remove the conditions and behaviours that cause personal injury while you engage in our Service.
Section 22 – Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due; and/or accordingly may deny you access to our Services (or any part thereof).
Notwithstanding anything mentioned in this Terms of Service, we may terminate the Services with immediate effect without notice and you shall be bound by such a decision and shall not question the same; notwithstanding any other terms and conditions stipulated herein we reserve the right to invoke other legal remedies as it deems fit to protect our legitimate interest.
If we terminate the Services without cause with respect to you, you may be entitled to a refund of any pre-paid fees for Services which are fully unused or prorate fees for the unused portion of Service post the date of actual termination, if provided in the applicable terms. However, refund on prorate fees for unused portion of Services does not apply if the fees was part of a bundled services, discount applied on bulk quantity or related to a retainer service. If you terminate the Services, or if we terminate the Services as to you for cause, you are not entitled to any refunds. We reserve the right to terminate inactive accounts, Services, unused billed hours not used for 180 calendar days or more, without refund. Unused retainer service hours on expiry of the purchased tenure are non-refundable.
Following notice of termination each party shall not in any way hinder or interrupt the performance of Services during any period between the date of service of a termination notice and the date of actual termination.
In the event of termination, you shall destroy all copies of Warmhands products, Contents, drafts, installations available with you (for which fee is unpaid and or for Services under recurring subscription/retainer billing) at your own expense. If your access is terminated by Warmhands, Warmhands shall be under no legal or financial liability towards you or your end-users.
Section 23 - Unauthorized Access
Our system (including applications, servers, workstations, operating systems, databases, accounting systems, network infrastructure, software, programs) is a private network and hacking, unauthorized access, use, destruction, alteration is prohibited. Unauthorized use may give rise to a claim for damages and/or be a criminal offense. Use of this system constitutes your consent to interception, monitoring and recording for official purposes of information (including but not limited to e-mails, internet access and telephone communications) related to such use, including criminal investigation. We may collect and process personal information about you for the purpose of enabling your use of our systems. This could include name, business contact information, personal contact information, electronic identification information and other information that you may provide to enable your systems use or access. We may further use this information, as long as it is in a form that does not personally identify you, to improve products or to provide Services or technologies to you.
Section 24 - Cooperation
You shall co-operate in good faith with Warmhands in performing the engagement, and this shall include timely arrangements for our access to all your data, information and appointment of qualified person to make decision at your end as is necessary for providing the Service agreed and inform us immediately of issues which are material to Warmhands performance of the engagement.
You agree, whether during or after your engagement in our Service, to cooperate with us and at the request of us, render all assistance and perform all lawful acts that we considers necessary or advisable in connection with any litigation or regulatory matter or with any government authority on any matter, in each case, pertaining to us or any director, officer, employee, shareholder, agent, representative, consultant, client, affiliate, distributor or vendor of us and with respect to which you may have relevant knowledge.
Section 25 – Confidentiality
You are responsible for maintaining confidentiality and security of your account. We are not responsible for any losses arising from the unauthorized use of your account. You will be solely responsible for all access to and use of this website and or Services by anyone using the password and identification originally assigned to you whether or not such access to and use is actually authorized by you, including without limitation, all communications and transmissions and all obligations including, without limitation, financial obligations incurred through such access or use.
The parties shall be under a mutual duty to safeguard the confidentiality of all material, records and information received from the other party in connection with the performance of the Service. Information disclosed by you shall not be deemed confidential and this clause shall not apply if the information: (a) was already in our possession prior to its receipt from you without restriction on its use or disclosure; (b) is or become available to the general public; or (c) is rightfully disclosed to us by third party without restriction on its use of disclosure; (d) is independently developed by employees and/or consultants of us who have not had access to the confidential information;
We may remove, or arrange for the removal of, names and any other identifiers from your confidential information and then use such anonymised information for lawful purposes chosen at our discretion.
Warmhands shall be entitled to pass on your confidential information and material to its subsidiaries, parents and other relevant third parties assisting in the provision of the Service or when this is necessary to attend to your interests.
Warmhands shares personal information with companies that provide services such as information processing, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in our products and services, and conducting customer research or satisfaction surveys.
This clause shall not prohibit our disclosure of confidential Information, in confidence, to our insurers or advisers.
We shall have the right to send you electronic mail to inform you of changes or additions to the website or of any products and Services of Warmhands.
For the purposes of marketing, training, presentations or selling our Services, we may wish to disclose that we have performed Services for you, in which event we may identify you by your name, company name, pictures, video, logo, geographic details and we may indicate the general nature or category of such Services and any details which have properly become part of the public domain.
Section 26 - Non-Disparagement
You will not disparage us, our clients or any of its affiliates, directors, officers, employees or other representatives in any manner and will in all respects avoid any negative criticism of us or client whether during or after your engagement in our Service.
Section 27 - Social Media
You should not distribute our confidential information on social media platforms. Confidential information includes information regarding development of systems, processes, products, technology know-how, trade secrets, reports, policies, procedures or other internal business related communications, information marked as confidential, information obtained as a result of a confidential relationship with another such as under a written or implied non-disclosure agreement, and information protected by law like personal information.
You should refrain from releasing information of any kind about us to the news media, influencers or any other organization. If someone contacts you from the news media or other organization, refer them to our authorized spokesperson.
Section 28 – Arbitration
Any dispute, cause of action or claim you may have with respect to this Website, Terms of Service, Service must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.
If any dispute arises among Parties hereto during the subsistence of this Terms of Service or thereafter, in connection with the validity, interpretation, implementation or alleged material breach of any provision of this Terms of Service or regarding a question including the questions as to whether the termination of this Terms of Service by us has been legitimate, the Parties shall endeavour to settle such dispute amicably.
In the case of failure by parties to resolve the dispute in the manner set out above within 15 (Fifteen) days from date when the dispute arose, the dispute shall be referred to a sole arbitrator, appointed by us. The place of the court of arbitration shall be Kottayam, Kerala, India. The arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996 (India) and shall be conducted in English language. The arbitrator shall also decide on the costs of the arbitration proceedings.
The arbitrator's award shall be substantiated in writing and the Parties shall submit to the arbitrator's/arbitral panel's award which shall be enforceable in any competent court of law. The arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief.
You acknowledge and agree that you are waiving your rights to sue in court, including rights to receive a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding.
The provisions of this clause shall survive termination of this Terms of Service.
Section 29 - Force Majeure
In the event of any failure to fulfil the commitment under this Terms of Service, the liability of the said party shall not be involved when the failure in question is due to a cause of force majeure.
Force majeure shall mean any event, failure to exercise, omission or accident beyond reasonable control but not limited to industrial disputes, riots, terrorist attack or terrorist threat, mobs, fires, explosion, storms, floods, strikes, wars(declared or not), threat or preparation for war, act of state, act of god, embargo, unpredictable and unavoidable accidents, pandemic/epidemic disease, national lock-down, quarantine restrictions, failure of supply chain, our labour unrest, shortages of labour, power, fuel, telecommunication systems, means of transportation or common lack of necessities, whether relating to the Parties, act of authorities or by persons of regulations or order by any government agency, judiciary or otherwise.
Either party shall not be held liable for any failure or delay in the performance of any undertaking if such failure or delay is due to force majeure and we shall not be liable for any payment to you due to suspension of Services during force majeure event and/or delay towards payment for already availed Services due to any force majeure event. If required, the fulfilment of the Terms of Service shall be suspended during the period of force majeure and if the same extends to a period more than a month, in such event both Parties shall be entitled to terminate the agreement and/or on mutual discussion suspend the Services until the end of the force majeure event.
Section 30 – Third Party Products or Services
In making you aware of or introducing you to any third party for any reason, we shall not be and shall not be considered to be acting as the agent of such third party, recommending such party to you or recommending you to use their services.
In the event that third party products or services are included in any delivery of products or any performance of Services carried out under this Terms Of Service, the terms applied by the third party apply instead of the Terms Of Service for such third party products or services. Any claims for redress presented by the you due, among other things, to intellectual property infringements, defects, delays, damages or any other consequences arising from the use or implementation of the third party product or service is the responsibility of such third party provider and not us and shall, as such be governed by such third party terms and not this Terms Of Service. We shall in no event and in no respect be liable for defects, delays or damages, whether direct, indirect or consequential caused by third party products or services.
Section 31 – Payment Gateway
Information relating to electronic payment transactions entered via our website shall be protected by encryption technology. We have partnered with secure payment gateways. Our website cannot interfere and does not interfere with the payment gateway mechanism/tools/application. The website has no access to the information that you may enter for making the payment through the payment gateway. Your transaction and banking details or other information as required for internet banking or other payment instruments are held by our payment gateway partner. By creating a link to a payment gateway, we do not endorse the payment gateway, nor are we liable for any failure of products or services offered by such a payment gateway. Such a payment gateway may have a privacy policy different from than ours. All failures/errors/omissions/delayed refunds of the payment gateway shall be solely on the payment gateway. You hereby consent that you shall not sue us for any disputes that you may have with the payment gateway for any wrongdoing of the payment gateway.
Section 32 – Conflicts of Interests
We provide diversified Services to a broad range of clients and counterparties in addition to acting on our own account, and there may be circumstances where a conflict of interest may arise between your interests and those of other clients or counterparties, (“Conflicting Party”, “Conflicting Parties”) or between your interests and those of us. You acknowledge that we may be subject to potential or actual conflicts of interest with respect to the provision to you of Services, including that we had or may develop business relationships with service providers and that you will manage any such conflict of interest appropriately. Warmhands are and shall remain free to deliver Services to conflicting parties.
Section 33 – Fee
You may purchase required Services by ordering them directly from website.
Payment for Services supplied are due prior to commencement of work or, if agreed by Warmhands, in staged payments for bulk material or within any other term fixed by Warmhands in writing.
In return for the delivery of the Services by us, or prior to that, you shall pay our fees without any right of set-off, discount or suspension on presentation of our invoice or at the time of purchase from our website.
When you purchase a subscription service, you will receive or have access to your first instance of Service or Content for the rate shown at time of order (which may be a free trial). After such period, we will automatically renew your subscription for a new term as described at the time you accepted the offer, charged to the payment mechanism you authorized at the time of your offer acceptance until you tell us to stop. If your credit card expires or your payment method is otherwise invalid, your subscription or Service will not be automatically terminated. You will remain responsible for all charges. For annual renewal, each year we will send you a reminder notice with the rate for the next term and instructions on how to cancel which you may do within the specified time by contacting customer service or logging into your account.
We will charge your selected payment method such as your credit card, debit card, UPI, gift card, or other method available for any purchases, including any applicable taxes. If your primary payment method cannot be charged for any reason, you authorize us to attempt to charge your other eligible payment methods. If we cannot charge you, you remain responsible for any uncollected amounts, and we may attempt to charge you again or request that you provide another payment method or update your account information using information obtained from third parties, such as your credit card company, or if such efforts are not successful, we may bill you directly using your contact and account information.
Unless otherwise provided in the applicable additional terms, you must pay for an ordered Service within thirty (30) days of placement of your order. Failure to pay within that period may result in our termination for cause.
In addition to the fee as mentioned in the website, you shall reimburse us, travelling expenses, government fees, third party charges and other out of pocket expenses, pre-approved in writing by you.
Our fees may differ from any prior estimates or quotations.
We reserve the right to monitor the number of users using your account. You agree to pay the additional fees if you exceed the limits of your subscription. You also agree to pay the fees applicable to any additional Services you add or any changes you make to your subscription during your subscription term. Such additional fees will become effective as of the date of such addition or change and may not be decreased during the term of your subscription.
We may charge interest on any outstanding balances at the notional interest (median of public sector bank's preceding month's Marginal Cost of Funds based Lending Rate (MCLR) rate announced by Reserve Bank of India plus six percent (6%) or, if less, the maximum allowed by law). You are liable for reasonable attorney fees and collection costs arising from our efforts to collect on past due amounts.
In case of non-payment of fees, your Service shall automatically lapse.
Section 34 - Billing Cycle
The fee for Services and any other charges you may incur in connection with your use of the products and service, such as taxes, foreign transaction fees, other fees will be charged to your payment method on the specified payment date or on the instance of purchase. The length of your billing cycle will depend on the type of subscription/retainer that you choose when you purchased the service. In some cases your payment date may change, for example if your payment method has not successfully settled, when you change your subscription plan or if your paid Services began on a day not contained in a given month. We may authorize your payment method in anticipation of subscription/retainer or service related charges through various methods, including authorizing it for a duration of service as soon as you register.
Section 35 - Taxes
We shall invoice you for fees, GST if applicable, plus any overseas taxes that might be payable thereon or deductible therefrom, to the product and Service & such GST shall be separately identified in the invoices delivered by us. Provided however, we shall have no liability for any penalty, interest, fine or other charges due to the delayed or non-payment of GST to the tax authorities, in respect of any product and Service.
If you are required to deduct or withhold any tax, you must pay the amount deducted or withheld as required by law and pay us an additional amount so that we receive payment in full as if there were no deduction or withholding.
Section 36 - Export Import Restrictions
You may not export or re-export, import, re-import any Content or any copy or adaptation of such Content, or any product or Service offered on the Site, in violation of any applicable laws or regulations. You are responsible for serving as the exporter and importer of record for your data, software, or technology, and you accept that we will not participate in the export or import procedure. In case you are taking Warmhands products and or Services out of India, you shall comply with the relevant export, import control norms and take necessary licenses and approvals under the applicable laws and regulations.
Section 37 - Non-solicitation
During the term or any renewed term of Service and for the period of five (5) years thereafter, you shall not solicit or induce any employee, partner, director, collaborator, client or customer of us to discontinue existing arrangement with us and join or in any manner get associated with you, except with the prior written consent of us.
Section 38 - Specific Relief
You agree that monetary compensation may at times not be an adequate relief to Warmhands in case of any violation is committed by you. You agree that Warmhands shall have the right to seek injunctive reliefs and such other reliefs as it may deem necessary to protect its right, title and interest in the subject matter of these Terms of Service.
Section 39 - Conflict with Other Agreements
In the event of any conflict between this Terms of Service (or any portion thereof) and any other agreement now existing or hereafter entered into, the provisions of this Terms of Service shall prevail.
Section 40 – Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 41 - Assignments
You shall not, without the prior written consent of us, assign your rights and obligations hereunder.
Section 42 - Survival
Any term or condition of these Terms of Service that by its nature would logically survive termination or expiration of these Terms of Service, including but not limited to protection of proprietary rights, indemnifications, and limitations of liability, shall survive such termination or expiration.
Section 43 - Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 44 - Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Kottayam or Ernakulam, Kerala, India.
Section 45 - Changes To Terms Of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 46 - Contact Information
We may notify you with respect to the Services by sending an email message to your email address, message to phone, message to Whatsapp, post to social media, letter via courier or by a posting on the Services. Notices shall become effective immediately.
Questions about the Terms of Service should be sent to us at in-palm-designlabs@warminghands.com