These general terms of use are an agreement between Users (“You”, “Your”, or “Yourself”) and “HAWQR” platform (“We”, “Us”, or “Our”), a company duly established and legally operating under the laws of INDIA by the name of “HAWQR TECH INDIA PRIVATE LIMITED”.These, (Hereinafter, the “General Terms”) Terms of Use govern your access and use of the Mobile Application, website/domain https://hawqr.com and its related sites. We manage contents, Services and products provided by Us (hereinafter, collectively referred to as Mobile Application), as well as order, payment or use of the service available on our application (Services or Services).
These Terms are (i) published under the provisions of Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and (ii) generated by a computer system and do not require any physical, electronic, or digital signatures by the Company.
To be a User of the Platform, it is essential that you meet the following requirements and expressly agree to these terms. If you do not agree, please refrain from using it.
(i) i. You shall be permitted to access the Platform, avail of the HAWQR DELIVERY Services, and connect with Merchants in different categories and Delivery Partners on the Platform only upon creating an Account (as defined below) and obtaining registration on the Platform. Your ability to continue using the Platform, HAWQR Services is subject to your continued registration on the Platform. You will be required to enter your personal information including your name, contact details, and valid phone number while registering on the Platform.
(ii) As a part of the registration, you may be required to undertake a verification process to verify Your personal information and set up the Account
THE VERIFICATION CODE (ONE-TIME PASSWORD/OTP) IS PRODUCED AUTOMATICALLY BY OUR SYSTEM. WE DO NOT KNOW AND NEVER ASK FOR YOUR VERIFICATION CODE. NEVER PROVIDE THE VERIFICATION CODE TO ANYONE EVEN TO US OR OTHER PARTIES WHO ACKNOWLEDGE THEMSELVES AS OUR REPRESENTATIVES
(iii) HAWQR shall have the right to display the information, feedback, ratings, reviews, etc. provided by you on the Platform.
(iv) The User warrants that all the information regarding his/her identity and capacity provided to HAWQR in the registration forms for the Platform is true, accurate, and complete. In addition, Users undertake to keep their details up to date
(v) If a User provides any false, inaccurate, or incomplete information or if HAWQR considers that there are well-founded reasons to doubt the truthfulness, accuracy, or integrity of such information, HAWQR may deny that User current or future access to, and use of, the Platform or any of its contents and/or services.
Our Platform provides you with the following services ("HAWQR Services")
(a) It provides software-based services for Merchants and end-users. And allows you to connect with Merchants of multiple categories Such as Instant delivery Services, Restaurants, Groceries, Pharmacies, Delivery Partners, etc.;
(b) It allows you to hire on-demand delivery services by connecting to the delivery partners directly through –On-demand delivery service;
(c) It allows to pick up and drop off packages from 1 (one) location to the other through the Delivery Partners ("Pick Up and Drop Off Services");
(d) It allows You to give ratings, write comments and reviews about Delivery Partners and Merchants;
(e) It facilitates improvement in the quality of the services provided by HAWQR on the Platform based on User ratings, reviews, and feedback provided on the Platform
(i) When a PERSON who is registered as a User needs help with errands, he/she must go to the online platform or the relevant HAWQR application and request the service using the said electronic methods. The basic delivery service involves the collection and subsequent delivery of a product to and from the addresses established by the User, provided that they are within the territory in which HAWQR operates.
(ii) Users are solely responsible for providing the correct addresses for delivery and collection on the Platform, and they therefore release HAWQR and the Mandatory from any liability for negligence or error in the collection or delivery of the order, as a result of the foregoing, the cost resulting from providing an incorrect address for collection and delivery on the Platform shall be borne by the User.
(iii) HAWQR shall use your location-based information that is captured by HAWQR through global positioning system when you are using your mobile device to request a HAWQR Service on its mobile-app. Such location-based information shall be used by HAWQR only to facilitate and improve the HAWQR Services being offered to you.
(iv) HAWQR might, at its absolute sole discretion - add, modify, upgrade, extend, withdraw or alienate any of the HAWQR Services listed above from time to time. HAWQR does not provide any guarantee to you that the HAWQR Services will be made available to you at all times.
(v) You hereby agree and acknowledge that HAWQR is only a facilitator between You, the Merchants and Delivery Partners (as the case maybe) and HAWQR only provides you with access to the Platform to connect with Merchants and Delivery Partners for you to initiate transactions on the Platform. Further, You hereby agree and acknowledge that HAWQR shall not be liable for the conduct, acts and omissions of the Merchants (including their employees and consultants) and Delivery Partners in the course of providing their services to You, or for any loss or damage to the Item or otherwise caused to You as a consequence of or in relation to the services being provided to You by the Merchants or the Delivery Partner, as the case may be.
(vi) You shall not initiate any transaction for any Item on the Platform which is illegal, immoral, unethical, unlawful, and unsafe, contains harmful substance and is in violation of this Terms of Use and applicable laws. Further, you hereby acknowledge and agree that HAWQR shall not be liable for any indirect, direct damage or loss, cost, expense incurred by you in relation to the transactions initiated by you on the Platform.
(vii) HAWQR does not check or verify the packages that are being picked up and dropped off on behalf of you or the Items that are being delivered to you by the Delivery Partner, and therefore HAWQR shall have no liability with respect to the same. However, if it comes to the knowledge of HAWQR that You have packaged any illegal or dangerous substance or availed the Pick- up and Drop off Services using the Platform to deliver any illegal or dangerous substance, HAWQR shall have the right to report you to the government authorities and take other appropriate legal actions against you.
(viii) HAWQR shall be entitled at any time without giving any reason terminate your request for any HAWQR Service.
(ix) You hereby agree that scheduling and rescheduling a transaction on the Platform depends upon the availability of Delivery Partners around Your area at the time of such scheduling and re-scheduling a transaction
(x) If a transaction initiated by You on the Platform cannot be completed, HAWQR shall notify You on the Platform
You understand and acknowledge that HAWQR by itself does not sell or provide any such Items. HAWQR is not responsible for the quality, merchantability or fitness of such Items. Accordingly, in the event of any grievances arising from the transaction initiated by You on the Platform pertaining to purchase or sale of any product from any Merchant, You may contact HAWQR support for routing. Your grievances to the Merchant through the Platform.
i. REPRESENTATIONS BY YOU. By visiting the Site, you represent, warrant, and covenant that (a) you are at least 16 years old; (b) that all materials of any kind submitted by you to HAWQR through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights. The customer using the website who is Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website.
ii. PERMITTED USE. You agree that you are only authorized to visit, view, and retain a copy of pages of this Site for your personal use, that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than for personal use unless otherwise specifically authorized by HAWQR to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by Hawqr to do so. The content and software on this Site are the property of Hawqr. The cardholder must retain a copy of transaction records and Merchant policies and rules.
iii. YOUR ACCOUNT. If you use Hawqr’s Mobile App or its website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account from any devices, and you agree to accept responsibility for all activities that occur under your account or password. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
iv. NO COMMERCIAL USE. This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain COMPANY’s prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. COMPANY will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.
v. ADVERTISING. The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for ensuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. Hawqr is not responsible for the acts or omissions of any advertiser or sponsor.
Note: The User has to pay for each service requested through the Platform for his/her use thereof to order products, and to communicate through the Platform, as well as for the courier or errand services provided by third parties.
A. ON-DEMAND DELIVERY SERVICES (Instant Delivery):
(e.g.: Restaurant food delivery, Groceries, and other errands delivery services)
(i) HAWQR provides a platform for end-users and outlets (Restaurants, Groceries, Pharmacies, etc.) to connect with Delivery Partners for delivery services and to receive demand prediction, payment processing, and related information services in connection with the sale of the Items. “Delivery Partner” is defined as an independent contractor who intends to provide on-demand delivery services using HAWQR’s proprietary technology platform under license from HAWQR or one of its affiliates.
(ii) HAWQR will not have any obligation to deliver the item(s) as a platform provider. AND for delivery of the Items, HAWQR and the Delivery Partners shall operate
(iii) HAWQR, as your agent (including but not limited to receipt agent of Item charges and based on your instructions, if applicable, apply the Item charges collected on your behalf towards disbursal of the fee payable by you to Delivery Partner), and not an employee.
(iv) For clarity, Users mean you, through the services provided by Delivery Partners, are responsible for the delivery of Items and you maintain possession, control, and care of the Items at all times.
(v) Hawqr will not be liable for any damage or loss incurred by the Users about the delivery of the Items and will follow reasonable guidance you provide regarding the delivery of the Items.
(i) You are required to provide complete and accurate information regarding the type of vehicle of the Delivery Partner to transport the item/Goods, the complete address of the pickup of the Goods, the destination of the recipient of the Goods and the type of Goods to be delivered by writing the details of the item (e.g., item name, item weight, and type of goods, etc.) in the delivery details description field provided. You are also required to fill out information regarding the sender's telephone number and the recipient's telephone number and may provide special instructions on the delivery of Goods.
(ii) Should you deem necessary, subject to your assessment by the details of the Goods, you can do packaging on the Goods so that the Goods sent by the Delivery Partner are not damaged during the trip
(iii) If the Goods to be shipped have been packed, the Driver Partner can, as permitted and witnessed by You, open and check the inside of the packaging to ensure that the contents are by the description of the Goods and do not violate the Hawqr Terms of Use.
(iv) Our platform also provides loading and unloading helpers with transport assistive equipment such as dollies, pallets, vertical transfer equipment, and other similar equipment. The User or the sender is responsible for choosing the add-on services such as services if needed.
(Non-Exhaustive List of Examples :)
(i) Alcohol Products : Deliveries of alcohol restricted in certain countries and/or cities in which the Platform operates.
(ii) Animals and Regulated Species : Live Animals, Animal parts or fluids; banned seeds, harmful plants; regulated plants or other organisms (including their by-products) which are endangered or whose trade is regulated by law as applicable in any case
(iii) Drugs : Controlled substances, narcotics, illegal drugs and their paraphernalia, including psychoactive and vegetable drugs such as psychedelic mushrooms, as well as materials promoting their use; or legal substances such as plants and herbs presented in a form that suggests they should be ingested, inhaled, extracted or used in any other way that may result in the same use as an illegal substance, drug or component or that claims to have unproven health benefits
(iv) Primary and Secondary Schools / Use by children : We reserve the right to refuse orders from users who are minors. In addition, we reserve the right to refuse orders at any location near a primary or secondary school, as well as to ask for sufficient proof of age
(v) Pyrotechnic devices and dangerous substances requiring special permission : Pyrotechnic items and related goods in markets in which their supply is regulated, as well as substances such as petrol or propane.
(vi) Culturally protected artifacts : Materials covered by the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property or other goods whose sale, export or transfer is restricted by law; Artefacts, cave formations (stalactites and stalagmites);
(vii) Money and Foreign Currency : Foreign currency or currencies insured with precious metals, as well as banknotes, coins, or any other valuable securities.
(viii) Unset precious stones, industrial diamonds, any article that contains more than fifty percent by weight of gold or platinum or any combination thereof;
(ix) Inappropriate Packages : that are wet, leaking, or emit an odor of any kind;
(x) Waste or garbage for disposal.
(xi) Weapons : Firearms, ammunition, and other items including, without limitation, firearms, knives that are either undetectable or easy to conceal, martial arts weapons, silencers, ammunition, or ammunition magazines
(xii) Misuse of the platform / Abuse : We will not tolerate the use of abusive language or abusive attitudes towards our company or freelance workers.
The User agrees that undelivered Goods, for the reason that the recipient cannot be found at the recipient's address, are not our responsibility. We do not provide depository services for goods in any form for the User or the recipients.
In the event of undelivered Goods due to the recipient not being found at the recipient's address, the Delivery Partner will deliver such item/s back to the sender’s address.
You represent and warrant that You know and understand the risks of sending Goods using Hawqr Services and: A. if You are the sender of Goods, You are the person authorized to deliver Goods and B. if You are the recipient of the Goods, you are the person authorized to receive the Goods
If loss or problems occurred when You experience during the provision of Hawqr Service, including due to an accident caused by the Driver Partner's negligence or traffic violation, We will, with Our best efforts, help bring Youtogether with the relevant Delivery Partner in seeking solutions for the problem.
The Delivery Partner has the right to refuse Your Hawqr Service request if the Delivery Partner has reasonable reasons to suspect that You have, or by accepting an order from You, You will violate the Hawqr Terms of Use, the Hawqr Terms of Use, or applicable laws and regulations
HAWQR provides Users with a delivery service for products ordered over a call/Online /Offline and purchased by a Mandatory in-person in certain locations. Such an order can be carried out whenever the following conditions are met at the time of payment:
(a) The goods to be delivered must be in one of the territories, and within the available area, in which HAWQR operates.
(b) The destination must be located in the same territories as the product.
(c) Multiple Deliveries: The multiple deliveries/items/shipments
(d) The product(s) ordered cannot exceed the following size: *
(e) The maximum weight of a single order will be approximate:
| Vehicle Type | Weight/Load Capacity (KG) | Dimensions (CM) Length*Width*Height |
|---|---|---|
| Bicycle | Max 5 KG | 40*25*25 |
| Motor Bike | Upto 20 KG | 40 × 25 × 25 |
| Delivery Van | Up to 500 | 50 × 50 × 50 |
| Car/ (Multi-Purpose Vehicle) | 50 KG (max weight of each item 25 KG) | 110 × 80 × 50 |
| Delivery Van | 500 KG | 160 × 120 × 100 |
| Pick-Up Truck (Open Bed/Freezer/Closed Box) | 1000 KG (1 Ton) | 160 × 120 × 100 |
| Jumbo Truck (Open Bed/Freezer/Closed Box) | 3000 KG (3 Ton) | 290 × 140 × 182 cm |
Note : The above-mentioned size a the case of vehicles capable of accommodating such volumes.
(a) Fees of the Hawqr Service’s performance (“User Fee”) will be displayed on the Hawqr App before you use Hawqr delivery Services. You understand and acknowledge that we can change the offer and/or update the User Fee offered from time to time based on certain factors, including location, time, and applicable laws and regulations. If there are other costs incurred during the provision of Hawqr Service for You, including but not limited to toll fees and parking fees, then You are fully responsible for these costs and the Delivery Partner has the right to request reimbursement of these other costs to You.
(b) While initiating a request for a Delivery Service, you shall pay the service fees for availing of the Pickup and Drop off Service, as may be displayed to you onthe Platform. Only upon making such payment will be the Delivery Partner initiate the Pick-Up and Drop off Service.
(c) The total price of each service may be composed of a variable percentage based on the number of kilometers traveled and the time taken by the Mandatory. HAWQR reserves the right to change the price based on the distance traveled and/or the time slot in which the service is performed.
(d)HAWQR reserves the right to change the prices on the Platform at any time. Such changes shall take effect immediately after publication.
(e) GST FEE:
• Any information shall be considered only prospectively. Under no circumstances, will invoices be revised retrospectively for delay in providing GST registration information.
• Taxes on the Invoices wherever applicable, shall have to be paid by the recipient of services.
• GST, as applicable, will be levied on the Invoice.
(f) IF THERE ARE OTHER COSTS INCURRED IN CONNECTION WITH THE TRANSACTION, INCLUDING BUT NOT LIMITED TO (EX: BUILDING ENTRANCE FEES, PARKING FEE, FREEZONE ENTRY FEE &, ETC.) YOU SHALL BE FULLY RESPONSIBLE FOR THESE COSTS AND THE DELIVERY PARTNER HAS THE RIGHT TO REQUEST REIMBURSEMENT OF THESE OTHER COSTS FROM YOU BY PROVIDING SUPPORTING EVIDENCE (E.G. BILL RECEIPT).
Standard Delivery fee includes the transportation of the delivery items/goods/Shipments within the specific dimension and quantity to the recipient. Please refer to the latest pricing, dimension, and quantity guidelines posted at https://www.hawqr.com/PricingSheet On https://www.hawqr.com and/or the hawqr app. The guidelines may be amended and updated at our sole discretion from time to time without prior notice.
a. For On-demand Instant delivery Services: if a user cancels after the order is placed and accepted by the delivery partner and/or after the driver arrives at the pickup location, 50% of the delivery fee is charged.
b. For Trucking Services: The delivery partner will call to confirm the order before departing. If delivery is confirmed with the delivery partner, then a cancellation happens after the scheduled time, 50% of the order fee will be chargeable to the customer.
c. Once the user selects vehicle type and starting point/end-point has been entered into the hawqr app, it will provide users with the estimated delivery price. By confirming the delivery request, you accept to pay the delivery price quoted according to the price estimation.
d. An electronic receipt will be automatically provided after the completion of an order and the same will be shown in notifications or orders summaries of the User’s account
NOTE: NO HARD COPIES OR INVOICE RECEIPTS WILL BE PROVIDED FROM HAWQR.
(1) Payment by Users for products and/or services is received at HAWQR’s accounts through an Electronic Money Institution (Payment Gateway Service).Electronic Money Institutions are authorized to provide, directly or indirectly, regulated payment services in all the territories in which HAWQR operates and comply with the current legislation applicable to payment services for Platforms such as HAWQR*
(2) You agree that HAWQR may use certain third-party vendors and service providers, including payment gateways, to process the payments made by you on the Platform.
(1) The displayed price and currency selected by you, will be the same price and currency charged to the Card and printed on the Transaction Receipt.
(1) Once the payment is made, the confirmation notice will be sent to the customer/user via registered mail and mobile number within 24 hours of receipt of the payment.
i. The price of the service shall be as stated on the Platform. However, the User knows that the price of the service may vary in real-time due to the demand surge appearing on the platform and that the User will in any event always be told the final cost before payment.
ii. Similarly, at the payment gateway stage, the User will be informed of the final price and approximate time of delivery by the terms of HAWQR’s delivery service set forth above.
iii. The User may pay for the products and/or services in cash or by credit card. When booking the service, the User will be informed of the various payment options available in the territory from which the service is being requested. To pay with a credit card, the User must provide the card details through the platform as a payment method associated with his/her account. HAWQR does not store card numbers on its servers and can only view the last four digits of the card. The full information shall be stored on the servers of the payment service provider that makes the payments on HAWQR’s behalf. Users paying by credit card will incur no additional charges for choosing this payment method. All this is by the terms of the payment platform outlined in the above Clause.
(i) If applicable, in the event items are delivered by the HAWQR to the Customer on behalf of the Merchant through Cash-on-delivery (“COD”), then the payment shall be collected by HAWQR, in its role as a limited collection agent, once delivered. For the avoidance of doubt, any funds collected by HAWQR (or a HAWQR, as thecase may be) as a limited payment collection agent (including without limitationany funds collected by credit, cheque, cash, or other non-cash proceeds).
(ii) Any issues related to the cash collection caused by the Customer, such as payment by counterfeit bills or refusal to pay at the time of delivery, shall be the responsibility of the Sender with its Customer.
(iii) Unless otherwise agreed in writing, the maximum COD amount the “Maximum COD Amount” that can be collected by HAWQR per order delivered shall not be more than AED 1000 (or the equivalent in local currency in the Territory). The foregoing notwithstanding, nothing shall prevent HAWQR from agreeing to make a specific, ad hoc delivery, by this Agreement, on a COD basis that exceeds the Maximum
(iv) COD Amount provided an authorized representative of HAWQR has agreed to such delivery in writing beforehand. HAWQR shall not be responsible in any wayshould the Sender fail to seek and receive such written approval for deliveries that exceed the Maximum COD Amount.
(i) If you wish to cancel any transaction on the Platform, You shall select the cancel option on the Platform. It is to be noted that you may have to pay a cancellation fee for transactions initiated on the Platform for which work has already been commenced by the Delivery Partner or the Merchant, as the case may be.
(ii) The customer’s refund amount is credited back to the user’s wallet within 24 hours or refunds will be made back to the payment solution used initially by the customer within 3 business days.
Note: Refunds will be done only through the “Original Mode Of Payment”
(iii)Please note that we reserve the right to refuse any returned shipments if the product has been used or tampered with. Shipping & Handling fees are non-refundable.
(iv) To provide Users with greater support, HAWQR shall be their first point of contact and shall accept liability for payments made on the Platform. Such liability includes refunds, returns, cancellations and early-stage dispute resolution, and it is without prejudice to any actions that may be taken by HAWQR vis-à-vis local merchants as the sole physical sellers of the products ordered by Users.
(v) By the foregoing, in the event of a dispute, HAWQR shall provide the first line of support and shall reimburse the User if this is deemed appropriate. vi. If a User has any issues with the progress of his/her order, he/she may contact HAWQR’s User assistance service through the methods made available to Users on the Platform.
(i) You can use Your Hawqr Promo code/voucher as available in Hawqr Service as a deduction on the Product or delivery fee.
(ii) Promotional codes and/or other offers or discounts offered on the Platform must be correctly entered in the application before placing the order. Otherwise, they will not take effect and the User will be unable to enjoy them.iii. HAWQR reserves the right to unilaterally cancel promotional codes and/or other offers or discounts offered if it becomes aware of a fraudulent use thereof (such as, among others, a promotional code being redeemed by someone who is not its legitimate recipient, the mass communication of codes or the sale of codes or discounts), at the end of the above-mentioned period. Furthermore, it reserves the right to apply sanctions to Users for the amount for which Hawqr has been defrauded as a result of such use.
(iii)HAWQR reserves the right to unilaterally cancel promotional codes and/or other offers or discounts offered if it becomes aware of a fraudulent use thereof (such as, among others, a promotional code being redeemed by someone who is not its legitimate recipient, the mass communication of codes or the sale of codes or discounts), at the end of the above-mentioned period. Furthermore, it reserves the right to apply sanctions to Users for the amount for which Hawqr has been defrauded as a result of such use.
(i) The Platform and process, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork, algorithm and computer code (and any combination thereof), except any third party software available on the Platform, is owned by HAWQR("HAWQR Property") and the design, structure, selection, coordination, expression, look and feel and arrangement of such HAWQR Property is protected by copyright, patent and trademark laws, and various other intellectual property rights. You are not permitted to use HAWQR Property without the prior written consent of HAWQR
(ii) The trademarks, logos, and service marks displayed on the Platform ("Marks") are the property of HAWQR, except for any trademark, logos, and service marks of third parties available on the Platform. You are not permitted to use the Marks without the prior consent of HAWQR or such a third party as may be applicable.
You hereby expressly agree to receive communications by way of SMSs and/or e- mails from HAWQR, or other third parties. You can unsubscribe/ opt-out from receiving communications through SMS and e-mail anytime by contacting us for the same. However, you may still receive communications from your end with respect to your use of the HAWQR Service.
(i) HAWQR may collect, use and share exact location data, including the real-time geographic location of the User’s computer or mobile device, provided that this is authorized by the User. The said location data may be collected and used by HAWQR to show Users the location of the point of origin and/or destination of an assignment. In this regard, Users expressly consent to their geo-location data being shared with other Users and Suppliers in order to successfully carry out the assignment requested at any given time. Users may choose to disable geo-location on their devices as provided in the Data Privacy Policy.
(ii) The User shall be responsible for entering the correct addresses for collection and delivery. In this regard, HAWQR will accept no liability for errors or omissions in the provision of such addresses by the User.
(i) Amendments : HAWQR reserves the unconditional right to modify or amend this Terms of Use without any requirement to notify you of the same. You can determine when this Terms of Use was last modified by referring to the "Last Updated" legend above. It shall be your responsibility to check this Terms of Use periodically for changes. Your acceptance of the amended Terms of Use shall signify your consent to such changes and agreement to be legally bound by the same. Notice: All notices from HAWQR will be served by email to your registered email address or by general notification on the Platform.
(ii) COPYRIGHT POLICY : Hawqr may terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense, or fair use exemption to do so. If you submit information to this Site, you warrant that the information does not infringe the copyrights or other rights of third parties.
(iii) INTELLECTUAL PROPERTY : Although Hawqr is not responsible for the content, quality, or accuracy of data provided by users, compilations of such data, text, information, and other materials made available to users through Hawqr’s system. The On-line Materials are Hawqr’s intellectual property and are protected by the U.S. and international intellectual property laws. The On-line Materials may not be copied or redistributed either in whole or in part without the prior written consent of the Company, except as expressly and specifically permitted under these Terms of Use
(iv) Assignment : You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. HAWQR’s rights under the Terms of Use are freely transferable by HAWQR to any third party without the requirement of informing you or seeking your consent.
(v) OFFICE FOREIGN ASSETS CONTROL (OFAC) SANCTIONED COUNTRIES: COMPANY will not trade with or provide any services to individuals and companies owned or controlled by or acting for or on behalf of, OFAC targeted countries AND individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs that are not country-specific.
(vi) Severability : If for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.
(vii) Waiver : Any failure by HAWQR to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by HAWQR of that provision or right.
(viii)Integration : These Terms of Use together with HAWQR’s Privacy Policy and any other legal notices, communications published by HAWQR on its Platform, and any other agreements executed between You and HAWQR shall constitute the entire agreement between you and HAWQR concerning its Platform, HAWQR Services and governs Your use of the Platform and HAWQR Service, superseding any prior agreements between You and HAWQR concerning the Platform and HAWQR Service
(ix) IP Infringement : If You believe the Platform violates Your intellectual property, Youmust promptly notify HAWQR in writing at [legal@hawqr.com] These notifications should only be submitted by the owner of the intellectual property or an agent duly authorized to act on his/her behalf. However, any false claim by you may result in the termination of your access to the Platform. You are required to provide the following details in Your notice:
(a) the intellectual property that You believe is being infringed;
(b) the item that You think is infringing and include sufficient information about where the material is located on the Platform;
(c) a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;
(d) Your contact details, such as Your address, telephone number, and/or email;
(e) a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
(f) Your physical or electronic signature.
(i) Users are responsible for having in place the necessary services and equipment to browse the Internet and access the Platform. Users can report any incidents or problems accessing the Platform to HAWQR using the contact channels made available to Users, and HAWQR will analyze the incident and instruct the User on how to resolve it as quickly as possible.
(ii) HAWQR does not control, and is not responsible for, the contents uploaded by Users through the Platform, and Users are solely responsible for the lawfulness of such contents.
(iii) HAWQR will not be liable for any service interruptions, connection errors, unavailability of, or faults in, the Internet access service, or Internet interruptions or for any other matters beyond its control.
(iv) HAWQR accepts no liability for any security errors that may arise or for any damage that may be caused to the User’s computer system (hardware and software), or to the files or documents stored therein, as a result of:
(i) HAWQR reserves the right to amend these General Terms of Use, the Privacy Policy and the Cookie Policy at any time and without prior notice. Users must carefully read these General Terms when accessing the Platform. In any event, acceptance of the General Terms is an essential step to be taken before accessing the services and contents available through the HAWQR Platform.
(ii) In addition, HAWQR reserves the right to update, amend or delete the information contained on its Platform, at any time and without the need for prior notice, with regard to its layout, presentation and access conditions, without thereby accepting any liability in relation thereto. HAWQR does not guarantee the absence of errors or interruptions when accessing the Platform or its content, or that it will always be up to date. Notwithstanding the foregoing, HAWQR shall, save in the event of circumstances making this difficult or impossible, take all steps to correct such errors, restore communication and update contents as soon as it becomes aware of the errors or disconnection or of the contents being out of date.
If you have any questions regarding these “General Terms & Conditions” or you would like to obtain access to your personal information. You may contact Us
by electronic mail at helpdesk@hawqr.com
phone at: (+91) xxxx xxxx
Website : “www.hawqr.com”
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