Terms and Conditions
Terms and Conditions
Welcome to TheHyperBrand!
Effective Date: 20 Dec 2023
Use of the Website
a. Eligibility:
To use the Website, you must be at least 18 years old. By using the Website, you represent and warrant that you are at least 18 years old.
b. Account Registration:
To access certain features and services on the Website, you may be required to create an account. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to provide accurate, current, and complete information during the registration process. You must notify us immediately of any unauthorized use of your account.
c. User Conduct:
When using the Website, you agree to:
- Comply with all applicable laws, regulations, and these Terms.
- Respect the privacy and intellectual property rights of others.
- Not engage in any fraudulent, abusive, or illegal activities.
- Not disrupt or interfere with the functioning of the Website.
- Not transmit any viruses, malware, or harmful code.
Subscription and Payments
a. Purchases:
If you wish to purchase any product or service made available through the Services (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. The Services may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
b. Subscription Term and Payment
The Services are provided on a subscription basis for a set term (billing period) that is specified on your invoice. You will be billed on a recurring and periodic basis (monthly, or annually), depending on the type of Subscription plan you select when purchasing the Subscription. At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
You agree to pay all applicable fees for the Services as set forth on the invoice. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards. Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
c. Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period. The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
d. Free Trial:
TheHyperBrand offers a free trial period during which users can access certain features of the application. This free trial is available to all users and is intended to allow users to explore the application capabilities.
e. Cancellation:
- Free Trial: Users are free to discontinue the use of the application at any time during the free trial period without incurring any charges.
- Subscription:
Users can cancel their subscription at any time. Once canceled, the subscription will remain active until the end of the current billing period.
To cancel your subscription, please follow the cancellation instructions provided within the application or contact our support team at rishabh@thehyperbrand.com
f. Refund Policy:
- Free Trial: No charges are incurred during the free trial, and no refunds are applicable for the free trial period.
- Subscription:
All subscription payments are final, and no refunds will be provided once payment has been processed.
Exception: In certain special cases, a refund may be considered. Special cases may include technical issues that prevent proper use of the application or other extenuating circumstances.
g. Requesting a Refund:
For special cases requiring a refund, please contact our support team at rishabh@thehyperbrand.com. Provide detailed information about the issue, including your username, the nature of the problem, and any relevant documentation.
User Content
a. User Responsibilities:
As a user of the Website, you are solely responsible for any content you post, upload, or transmit on the Website, including text, images, and any other materials ("User Content"). You retain ownership of your User Content, but by posting it on the Website, you grant the Company a non-exclusive, royalty-free, worldwide license to use, display, reproduce, and distribute your User Content for the purposes of operating and promoting the Website.
b. Prohibited Content:
You agree not to post any User Content that is:
- False, misleading, or deceptive.
- Infringing upon the intellectual property rights of others.
- Offensive, defamatory, or violates any privacy or publicity rights.
- Unlawful or promotes illegal activities.
- Contains viruses, malware, or other harmful code.
Termination
The Company may terminate your access to the App at any time, for any reason, without notice. Upon termination, you must immediately stop using the App.
Intellectual Property
The Website and its contents, including but not limited to logos, trademarks, text, graphics, images, and software, are the property of the Company or its licensors and are protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial purposes. You agree not to modify, reproduce, distribute, or create derivative works based on the Website without prior written consent from the Company.
Privacy Policy
Your privacy is important to us. Please refer to our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Website, you consent to the collection and use of your personal information as described in the Privacy Policy.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
iFrames
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly. We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Dispute Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
Copyright Policy
We respect the intellectual property rights of others. It is our policy to investigate any claim that Customer Data posted on the Services infringes on the copyright or other intellectual property rights of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to rishabh@thehyperbrand.com, with the subject line: “Copyright Infringement”. You may be held accountable for damages (including costs and attorneys fees) for misrepresentation or bad-faith claims on the infringement of any Customer Data found on and/or through the Services on your copyright.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty. As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.