1. Introduction
Welcome to headyatail.com. These are the terms and conditions governing your access to and use of the website headyatail.com and its related sub-domains, sites, services and tools (the "Site"). By accepting these terms and conditions (including the linked information herein), and by using the Site, you represent that you agree to comply with these terms and conditions with “Head Ya Tail” ("we", "us" or "Head Ya Tail") in relation to your use of the Site (the "User Agreement"). This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site.
Before you may become or continue as a member of the Site, you must read, agree with and accept this User Agreement and HeadYaTail.com’s Privacy Policy (the "Privacy Policy"). You should read this User Agreement and the Privacy Policy and access and read all further linked information referred to in this User Agreement, as such information contains further terms and conditions that apply to you as a user of headyatail.com. Such linked information including but not limited to the Privacy Policy is hereby incorporated by reference into this User Agreement.
2. Eligibility for Membership
headyatail.com wishes to ensure that its members can form legally binding contracts, therefore membership of the Site is not available to persons under the age of 18 years. You represent that you are 18 years of age or above before you become a member of the Site. Without prejudice to any other rights and remedies of headyatail.com under this User Agreement or at law, headyatail.com reserves the right to limit or withdraw access to the Site or the membership of any person if headyatail.com believes that person is under the age of 18 years. The Site is not available to persons whose membership has been suspended or withdrawn by headyatail.com. Further, if you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online purchases. No person or business entity may register as a member of the Site more than once.
3. Your Account and Registration Obligations
When you register as a member of the Site you have been or will be required to provide certain information and register a username and password for use on this Site.
On becoming a member of the Site, you agree:
• You are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password. You agree to immediately notify headyatail.com of any unauthorised use of your password or account or any other breach of security. In no event will headyatail.com be liable for any direct, indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person's account at any time, without the express permission of the account holder. You agree to reimburse headyatail.com for any improper, unauthorised or illegal use of your account by you or by any person obtaining access to the Site, services or otherwise by using your designated username and password, whether or not you authorized such access.
• You will provide true, accurate, current and complete information about yourself as prompted by headyatail.com's registration form (the "Registration Data").
• You will not include:
(i) any of your contact details, including but not limited to email addresses, telephone numbers or other personal details in your registration user ID.
• You will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if headyatail.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, without prejudice to any other rights and remedies of headyatail.com under this User Agreement or at law, headyatail.com has the right to indefinitely suspend, limit or withdraw your access to the Site and/or your membership of the Site.
headyatail.com may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person's authority to act on your behalf. You agree to provide any information and/or documentation to headyatail.com upon such requests. You acknowledge and agree that if you do not, headyatail.com without liability may limit, suspend or withdraw your access to the Site and/or your membership of the Site. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.
4. Electronic Communications
You agree that we may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. headyatail.com requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Site. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.
5. Amendments to this User Agreement
You acknowledge and agree that headyatail.com shall endeavour to give you notice for any amendment to this User Agreement that materially increases your obligations or decreases your rights under the User Agreement ("Substantial Amendment") in accordance with the terms of this User Agreement. You acknowledge and agree that headyatail.com at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on the Site.
6. Fees and Services
Membership on the Site is free. headyatail.com does not charge any fee for browsing listed items on the Site.
7. Copyright
All content included on the Site, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations and software, is the property and copyright work of headyatail.com and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Site is the exclusive property and copyright of headyatail.com and is protected by copyright, trademarks, patents or other intellectual property rights and laws.
8. Trademarks
"headyatail.com" and related logos on the Site are either unregistered trademarks or registered trademarks of Head Ya Tail and are protected by international trademark and other intellectual property rights and laws.
9. Privacy
headyatail.com takes reasonable measures (physical, organisational and technological) to safeguard against unauthorised access to your personally identifiable information and to safely store your personally identifiable information. However, the Internet is not a secure medium and the privacy of your personal information can never be guaranteed. You agree that headyatail.com may process your personal information that you provide to it for the purposes of providing the services on headyatail.com and for sending marketing communications to you, and that the Privacy Policy of this Site governs our collection, processing, use and any transfer of your personally identifiable information.
10. Breach of User Agreement
Without prejudice to any other rights and remedies of Headyatail.com under this User Agreement or at law or otherwise, Headyatail.com may immediately and without liability: limit your activity, temporarily / indefinitely suspend, limit or withdraw your membership, and/or limit or withdraw your access to the Site:
• If you breach this User Agreement;
• If Headyatail.com is unable to verify or authenticate any information you provide; or
• If Headyatail.com believes (in its sole discretion) that your actions may cause legal liability for you, or Headyatail.com.
Headyatail.com may at any time at its sole discretion reinstate suspended users. A user that has been indefinitely suspended or had their membership withdrawn may not register or attempt to register with Headyatail.com or use the Site in any manner whatsoever until such time that such user is reinstated by Headyatail.com. Notwithstanding the foregoing, if you breach this User Agreement Headyatail.com reserves the right to recover any amounts due and owing by you to Headyatail.com or any losses and damages caused by you to Headyatail.com and to take such steps including legal action and/or the initiation of criminal proceedings against you as Headyatail.com in its sole discretion deems necessary. Our failure to act with respect to a breach by you or others does not constitute a waiver of Headyatail.com's right to take any actions with respect to that, or subsequent or similar breaches. Headyatail.com does not guarantee that it will act against all breaches that there may be of this User Agreement.
11. Providing Feedback
Headyatail.com encourages buyers on the Site to provide feedback after a transaction has closed; as this helps all users know what it is like to deal with us. Your feedback will be displayed along with your user ID on the Site. You cannot retract the feedback once you have left it. Headyatail.com will not be responsible or liable in any way for the feedback that you post on the Site. You agree not to make comments that are not factual in nature including without limitation making any racist comments, using profanity, abusing another user, disrespecting another culture or any other derogatory or inappropriate comments. You further agree not to post feedback to solicit sales outside of the Site and not to display contact information of any person within any feedback.
12. Withdrawal of Access and/or Membership
Without prejudice to any other rights and remedies of Headyatail.com under this User Agreement or at law or otherwise, Headyatail.com may limit, suspend or withdraw your membership and / or your access to the Site at any time, without notice, for any reason, including without limitation, breach of this User Agreement.
13. No Warranty
Headyatail.com provides the Site and its services on an "as is" and "as available" basis without any representation or endorsement made and without any warranty or guarantee of any kind whether express or implied, including but not limited to warranties of title, merchantability. Headyatail.com makes no warranty that the Site or its servers are free of viruses or anything else which may be harmful or destructive. The nature of Internet communications means that this Site may be susceptible to data corruption, interception, non-availability and delays. The Site may also be unavailable from time to time due to repairs, maintenance or development work. You agree that Headyatail.com has no obligation to provide support for the Site. You expressly agree that you use the Site at your own risk.
14. Limitation of Liabilities
To the extent permitted by law, Headyatail.com, its officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for data or other intangible losses arising out of or in connection with your use of the Site, its services or this User Agreement (however arising, including negligence or otherwise and whether or not Headyatail.com has been advised of the possibility of such losses or damages).
If you are dissatisfied with the Site or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorised use of the Site and its services as a result of your negligent act or omission would result in irreparable injury to Headyatail.com and Headyatail.com shall treat any such unauthorised use as subject to the terms and conditions of this User Agreement.
15. Indemnity
You agree to indemnify and hold Headyatail.com and its affiliates, officers, employees and agents harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.
16. Transfer of Rights and Obligations
You hereby grant Headyatail.com the right to, and irrevocably acknowledge and agree that Headyatail.com may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement to any of its affiliates without requiring your further specific agreement. Headyatail.com agrees to use all reasonable endeavours to provide notice to you of any transfer by way of a posting on the Site. You may not at any time, without the prior written consent of Headyatail.com, transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement without the prior written consent of Headyatail.com.
17. General
If any clause of this User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement. This User Agreement (as amended from time to time in accordance with the terms of this User Agreement) sets forth the entire understanding and agreement between you and Headyatail.com with respect to the subject matter hereof.
No person who is not a party to this User Agreement shall have any right to enforce any term of this User Agreement. If this User Agreement is translated into any language other than English, whether on the Site or otherwise, the English text shall prevail.
18. Governing Law
This User Agreement is governed by, and construed in accordance with the Indian Contracts Act, 1872. This clause will survive any expiry or cancellation of this User Agreement for any reason