TERMS OF
SERVICE
PLEASE READ
THE FOLLOWING TERMS OF SERVICE (THE "TERMS") VERY CAREFULLY,
AS YOUR ACCESS OF THE WEBSITE IS SUBJECT TO THE ACCEPTANCE OF AND COMPLIANCE
WITH THE FOLLOWING TERMS.
THESE TERMS CONSTITUTE
A LEGALLY BINDING AGREEMENT BETWEEN HEFFICIENT INC. AND THE USER OF THE
WEBSITE.
IF YOU
CONTINUE TO VIEW, ACCESS OR USE THIS WEBSITE, YOU ARE AGREEING TO BE BOUND BY
THESE TERMS, WHICH ALONG WITH THE PRIVACY POLICY ("PRIVACY POLICY")
GOVERN YOUR RELATIONSHIP WITH US.
IF YOU DO NOT
AGREE TO ALL OR ANY OF THESE TERMS, DO NOT PROCEED TO USE, ACCESS OR REGISTER
ON THE WEBSITE.
1. DEFINITION
a) "Hefficient"
or "We" or "Us" or "Our"
shall mean Hefficient Inc. a company incorporated under the laws of the State
of Delaware, U.S.A. and having its registered office at 5169 Reds Lane, La
Canada, CA 91011, USA.
b) "User" or "You" or "Your" shall mean and include any person who
visits, downloads, installs and uses the Website.
c) "Content"
shall mean the details of Hefficient’s offerings
which are displayed on the Website
d) "Website"
shall mean the website available at https://hefficient.com/
2.
SCOPE OF WEBSITE
a)
The
Website facilitates Content (as defined above) to You for your information of Hefficient’s offerings.
b)
Hefficient
reserves all rights not expressly granted herein. Use of the Website for any
purpose not expressly permitted by these Terms is strictly prohibited.
3. USER
SECURITY
a) You
agree to use the Website only: (i) for purposes that
are permitted by these Terms; and (ii) in accordance with any applicable
law(s), regulation(s) or generally accepted practices or guidelines. You agree
not to engage in any activity that may adversely affect the Website or the use
of the Website.
b) You
agree not to access (or attempt to access) the Website by any means other than
through the interface that is provided by Us.
4. ACCESS
TO THE WEBSITE
a) By accessing
or using the Website, You represent and warrant that
You are of the age of majority in the jurisdiction in which You reside. In the
event, a minor accesses or uses the Website at any time, it is assumed that
such a minor has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian
or parents.
b) You
must not access the Website on behalf of another individual or entity unless
You are authorized to do so.
c) The
Website is provided over the internet, data and cellular networks, the quality
and availability of the same may be affected by factors outside Our control.
Therefore, we shall not be liable for the non-availability of the Content at
any time. We may try and restore access to the Website on a reasonable and
commercially viable basis.
d) Hefficient
shall not be held liable under any circumstances including, but not limiting to
any infringement, errors, damages, fraud, misrepresentations, future business
loss, liability, claims or omission of information or details posted, or any
link accessible or made available through this Website.
e) You
understand that by using this Website, You may be
exposed to content that may be incomplete, old, and/or objectionable due to any
reason whatsoever. You agree that You are solely responsible for Your use of
the Content made available through the Website, and Hefficient shall not be
responsible and/or liable for any consequences arising from such use.
5. HYPERLINKS
a) The
Website may from time to time contain hyperlinks to other websites. Such links
are provided for convenience only and We take no responsibility for the content
and maintenance of or privacy compliance by any linked website. Any hyperlink
on the Website to another website does not imply Our endorsement, support, or
sponsorship of the operator of that website and/or of the information or
Content which it provides. We shall not be a party to any transaction between
You and such website.
6. CONFIDENTIALITY
a) Confidential
information, for the purpose of these Terms, shall mean any written or verbal
communications between the User and Hefficient regarding the information
including but not limited to the Content, functionalities, processes, data and
information regarding the Website, or other information of a confidential
nature disclosed by one party to the other party under these Terms, in any form
("Confidential Information").
b) Confidential
Information shall, however, exclude any information which (i)
is/was publicly known or comes into public domain; (ii) is received by the
receiving party from a third party, without breach of these Terms; (iii) was
already in the possession of receiving party, without confidentiality
restrictions, at the time of disclosure by the disclosing party; (iv) is
permitted for disclosure by the disclosing party in writing; (v) independently
developed by the receiving party without the use of Confidential Information;
or (vi) is required to be disclosed by the receiving party pursuant to any
order or requirement from a court, administrative or governmental agency.
c) The
receiving party agrees not to use any Confidential Information for any purpose
except as stated in these Terms.
d) We may,
at Our discretion, keep any personal information shared by You, confidential
and only use it as per the terms of Our Privacy Policy.
7. OWNERSHIP
OF INTELLECTUAL PROPERTY RIGHTS
a) The
Website and all the rights including but not limited to intellectual property
rights subsisting under or in relation to the Website are owned by Us and Our
affiliates, subsidiaries, licensors, etc. as the case may be. Nothing contained
in this section shall be deemed to grant You any right to any intellectual
property contained in or available on the Website.
b) All
material on this Website, including but not limited to audio, video, images,
photographs, software, text, blogs, icons and such like (the "Content"),
are protected by copyright under the copyright laws or
any other relevant intellectual property laws. You cannot use the Content,
except as specified herein.
c) There
may be proprietary logos, service marks and trademarks found on the Website
whether owned/used by Us or licensed otherwise. By displaying them on the
Website, We are not granting You any license to
utilize those proprietary logos, service marks, or trademarks.
8. FEEDBACK
a) You
may choose to, or We may invite You or any third party to submit or You may
submit or take part in chats, testimonials, blogs, photographs, content,
whitepapers, comments, newsletters, reviews, ratings about the Content,
including without limitation about how to improve the Content of the Website
("Feedback") on the contact form available on the Website. By
submitting such Feedback, You agree that Your disclosure is gratuitous,
unsolicited and without restriction and will not place Hefficient under any
fiduciary or other obligation to maintain the secrecy of such Feedback, and
that We are free to use the Feedback, without any additional compensation to
You, and/or to disclose the same on a non-confidential basis or otherwise to
anyone.
b) In
case You wish to submit any Feedback, please write to us at info@hefficient.com.
9. PROHIBITED
CONDUCT
You
agree not to engage in any of the following activities:
a) Violating
laws and rights: You may not (a) use the Website for any illegal
purpose or in violation of any local, state, national, or international laws,
(b) violate or encourage others to violate any right of or obligation to a
third party, including but not limited to infringing, misappropriating, or
violating intellectual property, confidentiality, or privacy rights, (c)
rebroadcast or transmit the Content, or (d) modify the Website in any manner,
including but not limited to, by removing identification, copyright or other
proprietary notices from the Website Content, or by framing, mirroring, or
utilizing similar techniques.
b) Solicitation: You
may not use the Website, or any information provided through the Website for
the transmission of advertising or promotional materials, including junk mail,
spam, chain letters, pyramid schemes, or any other form of unsolicited or
unwelcome solicitation.
c) Disruption:
You may not use the Website in any manner that could disable, overburden,
damage, or impair the Website, or interfere with any other User’s use and
enjoyment of the Website; including but not limited by:
i.
uploading or otherwise disseminating any virus,
adware, spyware, worm or other malicious code, or
ii.
interfering with or disrupting any network, equipment,
or server connected to or used to provide the Website, or violating any
regulation, policy, or procedure of any network, equipment, or server, or
iii.
modifying, merging, revising or enhancing the Website
in any way, or
iv.
decompiling, disassembling, reverse engineering the
Website in any manner whatsoever.
d) You
will not use the Website to develop any competing websites, or Content which
are similar or substantially similar to the Website.
e) You
understand and acknowledge that if You indulge in any of the prohibited conduct
stated above, and it is brought to Our notice, We may
restrict or terminate Your right to use the Website and the Content and take
any other corrective action as it deems fit.
10. TERMINATION
We reserve the right to suspend Your right and access to use the Website
with or without any reason and notice whatsoever. Additionally, Your right to access and use the Website terminates
automatically upon Your material breach of these Terms.
11. DISCLAIMER
OF WARRANTIES
YOU
EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE CONTENT
PROVIDED THROUGH IT IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE AND THE
INFORMATION THEREIN ARE PROVIDED ON AN "AS IS" OR "AS
AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND
YOUR USE THEREOF.
12. INDEMNIFICATION
You
agree to indemnify, defend and hold harmless Hefficient, and its subsidiaries
and affiliates from any claim, cost, expense, judgment, damages or other loss
arising out of or in relation to Your use of this Website in any manner.
13. LIMITATION
OF LIABILITY
IN
NO EVENT SHALL HEFFICIENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM
ANY ASPECT OF YOUR USE OF THE WEBSITE, CONTENT OR THE INFORMATION PROVIDED
THROUGH IT, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR
MISUSE OF THE WEBSITE, FROM INABILITY TO USE THE WEBSITE OR THE CONTENT, OR THE
INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE
WEBSITE.
14. PRIVACY
POLICY
Hefficient
is committed
to responsibly handling the information and data We may collect through the
Website in compliance with Our Privacy Policy. Please review the Privacy Policy
so that You are aware of how We collect and use Your personal information. Our
Privacy Policy can be read at https://hefficient.com/privacypolicy.
15. APPLICABLE
LAW AND JURISDICTION
These Terms shall be construed
and governed in accordance with the laws of India. The parties
consent to the exclusive jurisdiction of the competent courts in Pune,
Maharashtra with respect to any matters arising under or with
regard to these Terms.
16. GENERAL
a) Interpretation:
These Terms will in all events be construed as a whole, according to its fair
meaning, and not strictly for or against a party merely because that party (or
the party's legal representative) drafted the Terms. The headings, titles, and
captions contained in these Terms are merely for reference and do not define,
limit, extend, or describe the scope of these Terms or any provision herein.
Unless the context requires otherwise, (a) the gender (or lack of gender) of
all words used in these Terms includes the masculine, feminine, and neutral,
and (b) the word "including" means "including, without
limitation".
b) No
assignment: These Terms may not be assigned by You, in whole or
in part, without Our prior written consent. Any attempted transfer or
assignment by You in violation hereof shall be null and void.
c) No
agency relationship: You agree that no joint venture, employment, or
agency relationship exists between us as a result of
these Terms or due to Your use of the Website.
d) No
waiver: Hefficient’s failure to
insist on or enforce strict performance of any of these Terms shall not be
construed as a waiver of any provision or right.
e) Severability: If
any part of these Terms is held to be invalid or unenforceable by any law or
regulation or final determination of a competent court or tribunal, that
provision shall be deemed severable and will not affect the validity and
enforceability of the remaining provisions.
f)
Survival: The Disclaimer of Warranties,
the Limitation of Liability, Indemnity, the Jurisdiction and Applicable Laws
provisions will survive any termination of these Terms.
g) Entire
Agreement: These Terms and the Privacy Policy constitute the
entire agreement between You and Hefficient relating to this subject matter and
supersede any and all prior communications and/or
agreements between You and Hefficient relating to this subject matter.
17. ELECTRONIC
RECORD
This
document is an electronic record in terms of the Information Technology Act,
2000 and the rules framed there under as applicable, and the amended provisions
pertaining to electronic records in various statutes as amended by the
Information Technology Act, 2000. This electronic record is generated by a
computer system and does not require any physical or digital signatures.
18. RIGHT
TO AMEND
We
reserve the unilateral right to amend, modify or replace the Terms without any
prior notice to You. You are encouraged to check these Terms on a regular basis
to be aware of the changes made to them. Your continued use of the Website
after such change shall be deemed to be Your acceptance of the revised Terms.
The Terms were
last modified on 18 June 2025