Terms of Service

Welcome to Hypestore
1. By creating a Hypestore Account or by utilising any Hypestore Services, you consent to be bound by these Terms of Service.
Primary References
1. For the purpose of these Terms of Service, "we," "us," and "our" refer to Hype eCommerce Pvt. Ltd.
2. "You" refers to the Hypestore User if registering for or using Hypestore Services as an individual, or the business employing the Hypestore User if registering for or using Hypestore Services as a business, along with any of its affiliates.
3. "Merchant" refers to any individual or business entity that uses Hypestore Services for the purpose of selling goods or services.
Introduction
1. Hypestore offers an integrated eCommerce platform designed to help merchants streamline their online business activities.The platform encompasses an array of features, allowing merchants to design and personalise their online stores, sell across various digital channels,,manage products, inventory, payments, shipping, business functions, marketing, and facilitate customer interaction. All such services provided by Hypestore are herein collectively referred to as the "Services." Any subsequent features or tools added to the Services will also fall under these Terms of Service. The current version of the Terms of Service can be accessed at any time at https://www.hype.store/legal/terms
Authority to Accept Hypestore Terms of Service
1. If you are entering into these Terms of Service on behalf of a company or other legal entity, you warrant that you possess the authority to commit such an entity to these terms; in such cases, references to "you" and "your" will pertain to that entity. If you lack such authority, or if you or your entity disagree with any part of these terms, you are advised not to use the Services.
Complete Understanding & Acceptance
1. Please review these Terms of Service carefully prior to using any Hypestore software or service offerings. By accessing or utilising the Services, you ("You" as defined in Primary References) acknowledge your complete understanding and acceptance of, and agree to abide by, these Terms of Service. Should you disagree with any part of these terms, you are advised not to access or make use of the Services.
Account Terms and Conditions
1. Account Registration
  
  To access Hypestore's Services, registration for a Hypestore Account ("Account") is mandatory. The registration process requires providing a complete legal name, business location, contact number, a valid email ID, and any other necessary information.
2. Account Approval and Termination
  
  Hypestore retains the sole discretion to approve or terminate any Account without prior notice.
3. Age Requirement
  
  The minimum age for Account creation is 18 years, or the age of majority in your jurisdiction, whichever is higher.
4. Business Use Affirmation
  
  You confirm that Hypestore's Services are used solely for your business operations and not for personal, household, or family purposes.
5. Primary Communication
  
  Your main channel for communication with Hypestore will be the email ID submitted during Account registration or later updated ("Primary Email ID"). This email should be actively monitored for both inbound and outbound communication. All authentic interactions with Hypestore must be initiated from this email ID.
6. Account Security
  
  Maintaining the security of your Account and password is your responsibility. Hypestore is not liable for any loss or damage due to failure in securely maintaining your Account. Additional security measures may be implemented at our discretion.
7. Customer Support
  
  Support related to Hypestore Services is available exclusively to Hypestore Users. For inquiries related to these Terms of Service, contact Hypestore Support at support@hype.store.
8. Unauthorised Use
  
  You are not permitted to copy, duplicate, resell, or exploit any portion of the Service, or any access to the Service, without explicit written consent from Hypestore.
Hypestore Rights and Limitations
1. Service Features and Availability
  
  The scope of features and functionalities within the Services may differ. Not all Services or features are guaranteed to be accessible to all Merchants. Hypestore reserves the right to alter, suspend, or discontinue any aspect of the Services without prior notice, subject to these Terms of Service and applicable laws.
2. Content Moderation
  
  Hypestore holds exclusive discretion over the refusal or removal of any Materials from the Services. This is especially pertinent if your offerings or uploaded Materials are in violation of these Terms of Service.
3. Conduct and Account Termination
  
  Any form of verbal or written abuse directed at Hypestore personnel will result in immediate Account termination.
4. Non-exclusivity of Services
  
  Hypestore offers its Services to various businesses, including potential competitors. No exclusivity is guaranteed. Note that Hypestore employees and contractors may also be Users or Merchants and could be in competition with you, without utilising your confidential information.
5. Account Ownership Disputes
  
  In instances of Account ownership conflicts, Hypestore may request verifying documentation, such as a business licence, government-issued ID, the last four digits of the credit card on file, or employment confirmation. We reserve the right to determine rightful Account ownership at our sole discretion and may transfer the Account to the verified owner. Failure to ascertain the legitimate owner may result in temporary Account suspension or deactivation until the dispute is settled.
Your Responsibilities
1. Public-facing Information and Policies
  
  You are obligated to display pertinent public-facing information on your Hypestore, including but not limited to, contact details, a refund policy, and timelines for order fulfilment.
2. Merchant-Customer Relations
  
  Hypestore is not a marketplace; it's a platform that facilitates transactions between you (the Merchant) and your customers. You are the official seller for all products or services sold through the Services. You bear full responsibility for your Hypestore, the Materials you upload, the items you sell, and all interactions with your customers. This encompasses charging customers, managing refunds and returns, providing customer service, handling fraudulent activities, and ensuring legal and regulatory compliance.
3. Product and Service Responsibility
  
  You are solely accountable for the products or services you offer on Hypestore. This includes their description, pricing, any calculated taxes, defects, legal disclosures, and regulatory compliance. You must also ensure that any promotional material or offers are in compliance with relevant laws and regulations.
4. Legal and Regulatory Compliance
  
  You are prohibited from using Hypestore Services for any illegal or unauthorised activities. You must adhere to all laws, regulations, and guidelines applicable in your jurisdiction as well as your customer's. Obtaining any necessary licences or permits for your business operations is your responsibility.
5. Transaction Method
  
  You must use Hypestore Checkout for all online transactions. "Hypestore Checkout" refers to the process where customers provide shipping and payment details post their cart addition and prior to order finalisation.
Payment, Fees, and Taxes
1. Platform Fee Calculation
  
  Hypestore operates on a performance-based platform fee model. The platform fees are based on your store's Gross Merchandise Value (GMV), calculated at the end of each billing month as follows:
  GMV = ( Product Sales−Discounts) + Tax + Shipping Charges
  The ("Platform Fee"). is calculated as follows:
  Platform Fee = ( Hypestore Platform Fee % As Per GMV Tier) X (GMV in Previous Month)
  Specific Platform Fee %, linked to GMV and tiers, is detailed at hype.store/pricing
2. Billing Cycle
  
  Invoices for your Platform Fees are generated and dispatched on the 1st of every month. For those initiating services mid-month, the first invoice will be prorated to align with the billing cycle in a prorated manner, following which standard month end billing cycle will apply.
3. Payment Method
  
  A valid payment method with auto-debit or standing instructions, compliant with Reserve Bank of India (RBI) guidelines, must be maintained for all current and future fees. This method will be charged for the Platform Fees and any other applicable costs until all services are terminated and outstanding balances are settled.
4. Payment Delays and Service Suspension
  
  Failure to process payment within 28 days post-invoice will lead to a temporary suspension of your Services. Access will be restored upon full payment of all outstanding fees and the fees for the upcoming billing cycle.
5. Taxes and Regulatory Compliance
  
  All fees are exclusive of any taxes, levies, or duties mandated by Indian laws and the RBI. You are solely responsible for these additional charges. Hypestore does not offer refunds. Compliance with all applicable laws, rules, and regulations is your responsibility.
Term and Termination
1. Term Commencement
  
  The Term of these Terms of Service initiates upon your completed registration for Hypestore Services and extends until termination by either you or Hypestore ("the Term").
2. Account Cancellation
  
  You may cancel your Account and terminate these Terms of Service at any time by contacting Hypestore Support and following the specific guidance given in Hypestore’s reply.
3. Suspension and Termination
  
  Hypestore reserves the right to suspend or terminate your Account or these Terms of Service at its sole discretion, at any time, and without notice, unless otherwise mandated by law. This includes suspected fraudulent activities related to the Services. Termination won't impact any rights or obligations incurred before termination.
4. Consequences of Termination
  
  Upon termination by either party:
  1. Hypestore will stop providing the Services, and you will lose access to your Account.
  2. Unless specified otherwise, no refunds of any Platform Fees will be provided, pro rata or otherwise.
  3. Any outstanding balance for Services will become due immediately.
  4. Your Hypestore will be taken offline.
5. Final Invoice
  
  In case of outstanding Platform Fees at the date of termination, a final invoice will be sent via email. After settling this invoice, no further charges will be applied.
Confidentiality
1. Definition of Confidential Information
  
  "Confidential Information" refers to any information related to a party's business activities that is not publicly disclosed. This includes, but is not limited to, proprietary technical processes, software algorithms, customer databases, sales and pricing data, marketing strategies, and any other non-public financial or business-related data. For the purpose of these Terms of Service, all information you obtain related to Hypestore, or the Services offered, that is not public knowledge, shall be deemed Hypestore's Confidential Information.
2. Obligations and Limitations
  
  Both parties agree to use the other's Confidential Information solely for fulfilling their respective obligations under these Terms of Service. Each party commits to taking all reasonable measures to safeguard the Confidential Information against unauthorised duplication, dissemination, or exploitation. These protective steps must be comparable to those each party employs for its own confidential assets.
3. Access to such Confidential Information is restricted to:
  1. Employees, agents, or subcontractors who require this information for performing their duties as outlined in these Terms of Service. These individuals must adhere to confidentiality commitments at least as stringent as those specified herein.
  2. Compliance with legal, regulatory, or judicial orders, provided that the receiving party promptly informs the disclosing party of such an order, to the extent legally permissible, and takes reasonable steps to ensure the information is treated confidentially.
4. Exclusions
  
  Confidential Information does not encompass any data that:
  1. Was already available in the public domain or was already known to or in the possession of the receiving party prior to its disclosure.
  2. Is developed by the receiving party independently of any of the disclosing party’s Confidential Information and without violating any of these Terms of Service.
  3. Is later obtained rightfully by the receiving party from a third-party source not connected with the disclosing party and without breaching these Terms of Service.
Software Limitations and Security
1. Acknowledgement of Software Limitations
  
  You acknowledge that complex software can never be entirely free from defects, errors, and bugs. Hypestore does not warrant or represent that its Services will be entirely free from such issues, subject to the other terms of this Agreement.
2. Security Vulnerabilities
  
  You acknowledge that no software is entirely free from security vulnerabilities. Hypestore does not warrant or represent that the Services will be entirely secure, subject to the other terms of this Agreement.
3. Compatibility
  
  You acknowledge that Hypestore Services are designed to be compatible only with certain software and systems specified within our Service documentation. Hypestore does not warrant or represent that the Services will be compatible with any other software or systems.
Usage Guidelines and Content Policy
1. General Usage Rules
  
  You must not use Hypestore Services in a manner that causes, or may potentially cause, damage to the Services or impair their availability. Prohibited uses include:
  1. Any unlawful, illegal, fraudulent, deceptive, or harmful activities.
  2. Any actions that render the Services less available or accessible.
2. Content Compliance:
  
  You are responsible for ensuring all content uploaded or used in connection with Hypestore Services complies with this Policy.
3. Unlawful Content
  
  Content must:
  1. Not be illegal or infringe upon anyone's legal rights. Not give rise to legal action against anyone (in any jurisdiction and under any law).
  2. Content must not:
  3. Be maliciously false, obscene, or indecent.
  4. Violate any intellectual property or privacy rights, or any other legal rights.
  5. Promote criminal activities, racial or religious discrimination, or be in contempt of court.
  6. You must ensure that the content has never been the subject of any threatened or actual legal proceedings or similar complaints.
4. Graphic Material
  
  Content must be appropriate for all potential viewers, including children over 12 years of age. It must not depict explicit or gratuitous violence or be pornographic.
5. Factual Accuracy
  
  Content must not be untrue, false, inaccurate, or misleading. Statements of fact must be true, and statements of opinion must be reasonable, honestly held, and indicate their basis.
6. Negligent Advice
  
  Content must not consist of or contain any type of professional advice, including but not limited to legal, financial, medical, or tax advice. You must not use Hypestore Services to provide any such advisory services. Content must not contain any advice or instructions that could lead to death, illness, injury, property damage, or any other harm if acted upon.
7. Etiquette
  
  Content must adhere to accepted standards of internet etiquette and behaviour. It must:
  1. Be appropriate, civil, and tasteful.
  2. Not be offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory, or inflammatory.
  3. Not cause annoyance, inconvenience, or needless anxiety.
  4. You must not use the Services for hostile communications, to insult or offend others, or to flood the Services with subject-specific material. Content should be appropriately categorised and titled, and you must maintain courtesy and politeness to other users at all times.
8. Marketing and Spam
  
  Content must not contain spam or lead to the storage or transmission of spam. Prohibited activities also include promoting or operating any form of illegal marketing schemes like Ponzi schemes or pyramid schemes. Use of the Services must not lead to the blacklisting of any of our IP addresses.
9. Regulated Businesses
  
  You must not use the Services for activities related to gambling, the sale or distribution of weapons, or any other regulated activities.
10. Monitoring
  
  You acknowledge that we may or may not actively monitor the content and the use of the Services.
11. Data Mining
  
  You must not conduct any systematic or automated data collection activities, including but not limited to data scraping, data mining, data extraction, and data harvesting, in relation to the Services.
12. Harmful Software
  
  Content must not contain or consist of, and you must not promote, distribute or execute by means of the Services, any harmful or malicious software, including viruses, worms, spyware, adware. Content must also not contain software that could have a material negative effect on the performance of a computer or introduce material security risks.
Limitation of Liability and Indemnification
1. Limitation of Liability
  
  You expressly understand and agree that Hypestore and its suppliers shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from the use or inability to use Hypestore Services. This limitation applies regardless of the cause, including negligence.
2. Indemnification
  
  You agree to indemnify and hold harmless Hypestore, its parent, subsidiaries, affiliates, partners, officers, directors, agents, employees, and suppliers from any claim or demand, including reasonable attorneys' fees, arising out of your breach of these Terms of Service or your violation of any law or third-party rights. This also includes any transactional aspects between you and your customer such as refunds, fraudulent transactions, alleged or actual violations of laws, or any breach of these Terms of Service.
3. Affiliate Liability
  
  You are responsible for any breaches of these Terms of Service by your affiliates, agents, or subcontractors. You will be held liable as if the breach were your own.
4. No Warranty
  
  Your use of Hypestore Services is at your sole risk. The Services are provided "as is" and "as available," without any express, implied, or statutory warranties. Hypestore does not warrant that the Services will be uninterrupted, timely, secure, or error-free, nor does it make any warranty as to the results that may be obtained from the use of the Services.
5. Tax Obligations
  
  Hypestore is not responsible for any of your tax obligations or liabilities arising from the use of its Services.
6. Quality Assurance
  
  Hypestore does not warrant the quality of any products, services, information, or other materials purchased or obtained by you through the Services.
Intellectual Property and Your Materials
1. Your Materials
  
  Hypestore does not claim ownership of the Materials you provide. However, you grant Hypestore a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to host, use, distribute, modify, run, copy, store, publicly perform, communicate, broadcast, display, and create derivative works from any Materials you provide for the purpose of operating, providing, and promoting the Services. You represent and warrant that you have all necessary rights to grant this license. Any moral rights in the Materials are irrevocably waived in favor of Hypestore.While the Materials remain your property, the license you grant allows Hypestore to perform its obligations and exercise its rights under these Terms of Service. Removing your Hypestore does not terminate any rights or licenses granted to Hypestore that are required to fulfill obligations or exercise rights arising during the Term of this agreement.
2. Your Trademarks
  
  You also grant Hypestore a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use the names, trademarks, service marks, and logos associated with your Store to operate, provide, and promote the Services.
3. Hypestore Intellectual Property
  
  You may not use any Hypestore trademarks, logos, or service marks, whether registered or unregistered, without written authorization from Hypestore. You agree not to use or adopt marks that may be considered confusingly similar to Hypestore trademarks. This includes purchasing, registering, or using search engine keywords, email addresses, social media names, or domain names that use or include Hypestore trademarks or any terms confusingly similar.

Terms of Service

Welcome to Hypestore

Primary References

Introduction

Authority to Accept Hypestore Terms of Service

Complete Understanding & Acceptance

Account Terms and Conditions

Hypestore Rights and Limitations

Your Responsibilities

Payment, Fees, and Taxes

Term and Termination

Confidentiality

Software Limitations and Security

Usage Guidelines and Content Policy

Limitation of Liability and Indemnification

Intellectual Property and Your Materials