Terms & Conditions

 

By using our services, you accept these Terms & Conditions. We encourage you to read them thoroughly.

Hopla is the owner and operator of www.hopla.in. This includes our mobile website versions, our applications available on various app stores, and any other sites we may develop in the future that refer to these Terms & Conditions (collectively referred to as "Hopla"). We provide a digital marketplace and platform where consumers and businesses can engage in various activities, including selling or repairing used or old items, and conducting a range of transactions with our partner companies and other entities (collectively known as "Third Parties"). The entire Hopla ecosystem - including our marketplace, platform, and all related features provided through our website or other channels - is collectively referred to as the "Services".

If any part of these Terms & Conditions doesn't meet your approval, we ask that you refrain from using our Site or Services. By continuing to use our Site or Services, you're indicating your acceptance of these Terms & Conditions. Please note that we may update these terms periodically, with or without notifying you directly. We recommend checking this page regularly to stay informed about any changes to the Hopla Terms & Conditions.

  1. Hopla as a Marketplace Platform

Hopla operates as a platform that enables users to sell or repair specific items and buy refurbished devices, subject to our policies. It's important to understand that Hopla typically does not directly participate in transactions between users and third-party professionals. We do not exert control over any aspect of your interactions with Third Parties. The Third Parties themselves bear full responsibility for all elements of your transactions with them. Our role is to provide the platform that facilitates these connections and transactions.


  1. Authorised Usage and Legal Compliance

Hopla grants you permission to access, view, and use the Site's content and software (collectively referred to as "Hopla Property") solely for the purpose of utilising our Services. You must not remove any copyright, trademark, or other proprietary notices from the Hopla Property. Systematic data retrieval from the Hopla Property is prohibited. Unless explicitly allowed by these Terms & Conditions, you are strictly forbidden from modifying, reproducing, redistributing, republishing, uploading, posting, transmitting, distributing, or otherwise exploiting any part of the Hopla Property without Hopla’s prior written consent.

You agree to abide by all applicable laws, regulations, and ordinances related to the Site, Services, Hopla Property, and your use thereof. Furthermore, when using the Site and Services, you commit to refraining from any behaviour that may limit or prevent others from using or enjoying the Services.


  1. Intellectual Property Rights

Unless otherwise stated, all content on the Site - including but not limited to text, software, photos, videos, graphics, music, sounds, the Hopla Logo and other Hopla trademarks and service marks - as well as the entire Site contents, are owned by Hopla, its affiliates, or licensors (including Third Parties). This content is protected by international and Indian copyright and trademark laws, with all rights reserved. Any breach of these restrictions may constitute copyright, trademark, or other intellectual property infringement, potentially subjecting you to civil and/or criminal penalties.

Other marks on the site not owned by Hopla may be licensed for Hopla’s exclusive benefit and use, unless explicitly stated otherwise, or may belong to their respective owners. You are not permitted to use any trademark names, logos, trademarks, or brands - whether Hopla’s or others' - featured on the Site without Hopla’s explicit permission.


  1. Hopla Services, Third-Party Services, and External Sites

The information and materials on the Site and within the Services are provided for general reference only and may not fully detail all terms, conditions, and exceptions applicable to Hopla’s Services. Hopla displays information from Third Parties through its Site and Services, including item prices, descriptions, certain Third Party terms of service, and other details (collectively, "Third Party Information"). Hopla cannot guarantee and is not responsible for the accuracy of any Third Party Information.

Your actual sales and other transactions are conducted directly with Third Parties, not with Hopla, unless explicitly stated otherwise. Hopla has no control over any aspect of your dealings with Third Parties, who are solely responsible for all aspects of your sales and transactions with them.

The Hopla Site may contain links to websites hosted by Third Parties and other entities ("Additional Sites"), or these Additional Sites may link to the Hopla Site. These links are provided for convenience and informational purposes only, and do not constitute referrals or endorsements by Hopla. The Additional Sites are maintained by their respective organisations, who are solely responsible for their content. Hopla does not verify, warrant, or make any representations regarding the content, accuracy, opinions, warranties, products, services, intellectual property compliance, or links of these Additional Sites. We recommend reading the privacy policies and Terms & Conditions of all Additional Sites.


  1. Protecting Your Privacy and Passwords

At Hopla, we take your privacy seriously and are committed to keeping your information safe. Please take a moment to review our privacy policy, which outlines important details about using our site and services. Some areas of our site are restricted and require a unique login credentials (User ID and password) to access. It's essential to keep these credentials confidential, as unauthorized access is strictly prohibited. If you suspect someone has gained access to your login details or if you think someone may be using your account without permission, please notify us immediately. Similarly, if we suspect unauthorized access, we may terminate your access without warning. By using our site, you agree that we can act on any instructions received under your authorized login credentials.


  1. Membership
  2. Registration and Basic Membership Terms: Visitors to the site who choose to register with Hopla become members (hereinafter referred to as "Members"). Upon registration, each Member is assigned a personal account (the "Account"). By registering as a Member, you guarantee that:

(i) you are legally old enough to enter into a binding agreement

(ii) you will provide accurate, up-to-date, and complete registration and contact information, and keep it updated

(iii) your registration and use of the Services do not violate any laws. We reserve the right to suspend or terminate your membership, or your access to the Site and/or Services, if you breach any of the Terms & Conditions or other applicable Hopla policies.

  1. Password and Account Security: When you create your Account, you will choose a password and user ID. You are responsible for keeping your password confidential and secure, and you will be held accountable for all actions taken using your password.
  2. Age Requirement: To create an Account or use this Website, you must be at least 18 years old or the age of majority in your state or province of residence, whichever is greater.

  1. Warranty Exclusions and Limitations of Liability

We guarantee that the Services and Hopla Property will substantially match the descriptions on the Site. If we breach this warranty, your sole remedy and our sole liability will be (at our option) to fix the issue or refund the amount you paid for the services, if any. Except as stated above, we make no representations or warranties about the Services or Hopla Property. We explicitly disclaim all warranties, whether express or implied, including: all warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing and usage of trade; that the services and Hopla Property will meet your needs, will always be available, accessible, uninterrupted, timely, secure, or operate without error, as to the results obtained from using the services or Hopla Property, and as to the accuracy or reliability of any information obtained from the services or Hopla Property. No advice or information, whether oral or written, obtained not expressly stated herein.

Under no circumstances will you be entitled to recover from us any incidental, consequential, indirect, punitive, or special damages (including damages for loss of business, loss of profits, or loss of use), whether based on contract, tort (including negligence), or otherwise arising from or relating to the services or Hopla Property, even if Hopla has been informed or should have known of the possibility of such damages. In any event, Hopla's maximum aggregate liability for any and all damages arising from the services or Hopla Property shall be a refund of the amount paid by you to us, if any.

Some jurisdictions do not allow the limitation or exclusion of warranties or of liability, so some of the above limitations or exclusions may not apply to you.



  1. Indemnity

You agree to indemnify and hold Hopla, our affiliates, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of Services, (ii) your violation of these Terms & Conditions, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Hopla reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of Hopla. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.




  1. Applicable Law, Jurisdiction, Compliance

The use and operation of the Site and/or Services will be subject to the laws of India, without considering any conflicting laws. Any disputes or claims arising from the use or operation of the Site and/or Services will be resolved in the courts of New Delhi. By using the Site and/or Services, you agree to submit to the jurisdiction of these courts, acknowledge that they are a convenient and fair forum for resolving disputes, and waive any objections to proceeding in these courts.


  1. Miscellaneous Provisions

If we fail to exercise our rights in response to your noncompliance with these Terms & Conditions, it does not mean we have given up those rights. Similarly, if we waive one of your obligations, it does not mean we will waive future breaches of the same or other obligations. In these Terms & Conditions, "including" means "including but not limited to". If a court finds any part of these Terms & Conditions invalid or unenforceable, the rest of the agreement will remain in effect and will be modified to be valid and enforceable to the greatest extent possible. Except as stated elsewhere in these Terms & Conditions, this agreement represents the entire understanding between you and Hopla regarding its subject matter, and supersedes all prior agreements, promises, or representations, whether written or oral. You agree that the electronic version of these Terms & Conditions constitutes a written document and your acceptance of these terms constitutes a legally binding signature.


  1. Information Collection, Use, and Sharing

By submitting any Hopla contact form, you understand that you may be contacted by a Hopla representative or a representative from the partner you’ve chosen. You may be contacted via telephone, email, text, or prerecorded message regarding Hopla programs, offers, events, announcements, and offers from Hopla’s third-party marketing partners. If you respond to any such offer, your information will be subject to that third party’s terms and conditions. By providing us your phone number, you grant Hopla permission to use text messages, prerecorded voice or automatic telephone dialing systems to contact you and/or deliver Hopla-related information, offers, or announcements.

You also agree that Hopla may attempt to contact you via any telephone number you provide, even if it is a mobile telephone number, which may result in charges to you. You can opt out from Hopla email and messaging services at any time by writing to care@hopla.in.

You understand that agreeing to run diagnostics on the Hopla app program will allow Hopla access to your device, solely for the purpose of conducting an assessment of the quality parameters of your device. In no circumstances will your private information and data on the device be accessed for any other purpose, and such information shall not be downloaded by the Company or used in any other manner.


Grievance officer


In accordance with Information Technology Act 2000 & Consumer Protection Act and rules made there under, the name and contact details of the Grievance Officer are provided below :


Mr. Ajay

Hopla

Contact us :

Email: care@hopla.in

Time: Monday to Friday (10:00 AM – 06:00 PM)