Terms & Conditions
This online store https://mybillbook.in/store/hoysala_sports(“Store”) is provided by the Merchant (defined hereinbelow) and powered by Valorem Stack Private Limited (“myBillBook”) company incorporated under the laws of India having CIN No. U72900KA2019PTC124476 with its registered address at GNGi Elite, 11/3, Service Rd, Popular Colony, Mangammanapalya, Bangalore, Karnataka, India 560068. In these Terms of Service, the term “User” or “You” refers to you, the Person or entity using the Store and/or procuring any goods or product from the Store. It is clarified that in case of a company, partnership, trust or any other legal entity which uses or accesses the Store, "User" shall include such company, partnership, trust or any other legal entity.
Please read these Terms of Service carefully before accessing or using the Store. By accessing or placing an order on the Store, the User agrees to be bound by these Terms of Service (“Terms” or “Terms of Service”), our Privacy Policy, and any other policies displayed on the Store. If the User does not agree to all the Terms of Service of this agreement, then the User may not access the Store. If these Terms of Services are considered an offer, except as may be specifically agreed otherwise in writing, acceptance is expressly limited to these Terms of Service. We offer the Store and any other services conditioned upon the User’s acceptance of all terms, conditions, policies, and notices displayed on the Store.
Please note that by use/ access of the Store, the User also agrees to be bound by the additional terms and conditions and policies referenced herein and/or available by hyperlink, including without limitation the Privacy Policy, Refund Policy and any other policies displayed on the Store.
Any new product or services provided by the Merchant, or any new features or tools which are added to the Store shall, unless specifically stated otherwise, be subject to these Terms of Service. The User can review the latest version of the Terms of Service at any time at this page. myBillBook reserves the right to update, change or replace any part of these Terms of Service. It is the User’s responsibility to check the said link periodically for changes. Following the posting of any changes, the User’s continued use of or access to the Store constitutes acceptance of such revised Terms of Service.
Privacy Policy
These Terms of Service refer to, incorporate, and include the Privacy Policy of the Store which sets out the terms on which the Store process any personal data that the Merchant collects from the User, or that the User provides to the Merchant. By using the Store, the User consents to such processing and the User warrants that all data provided by the User is accurate. The latest version of the Privacy Policy can be accessed at https://mybillbook.in/store/hoysala_sports/info/privacy-policy.
About us
Store Owner/Merchant: HOYSALA SPORTS, a proprietorship/partnership/private limited company having its principal place of business at #213/A, 76th Cross, Opp Prasanna Theatre, Near Metro Pillar No: 246, 6th Block Rajajinagar, Bangalore, Karnataka, 560010, GSTIN 29BHJPA8434R1ZM.
Platform: This Store is powered by myBillBook Online Store software. myBillBook is a technology provider only; it is not a seller or party to your transaction.
Definitions
Capitalized terms, not defined elsewhere in these Terms of Service, shall mean as follows:
- “Applicable Laws” means all applicable (i) statutes, enactments, acts of legislature or parliament, laws, bye-laws, ordinances, rules, regulations, listing agreements, notifications, guidelines or policies of any applicable jurisdiction; (ii) administrative interpretation, writ, injunction, directions, directives, judgment, arbitral award, decree, orders or consents of, or agreements with, any Governmental Authority or a recognized stock exchange; and (iii) international tax treaties, as may be in force from time to time;
- “Governmental Authority” means any Indian or non-Indian court of competence, arbitral tribunal, legislative, executive or administrative agency or commission or other governmental or regulatory agency or authority or any securities exchange;
- “Intellectual Property Rights” means:
- patents, trademarks, trade names, service marks, service names, logos, internet domain names, corporate names, rights in designs, copyright (including right in computer software) and moral rights, database rights, semiconductor topography rights, utility models, formulae, processes, trade secrets, proprietary information, rights in know-how and other intellectual property rights, in each case, whether registered or not and including applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world;
- rights under licenses, consents, order or statutes or otherwise in relation to a right under paragraph (a);
- rights of the same or similar effect or nature as or to those under paragraph (a) and (b) which now or in the future may subsist;
- the right to sue for past infringements or any of the foregoing rights.
- “Person” shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under applicable law;
- “Services” means the access to the Store services provided by the Merchant to an User, from time to time;
Products & Pricing
- All product prices displayed on the Store are denominated in Indian Rupees (INR). Whether the listed prices are inclusive or exclusive of Goods and Services Tax (GST) will be clearly indicated alongside each product. It is the responsibility of the User to review this information before purchase.
- The Merchant reserves the full right to modify product prices, descriptions, and availability at any time, without prior notice, and before the acceptance of an order. This may be due to changes in market conditions, supplier pricing, typographical errors, or other unforeseen circumstances.
- Product images and graphics displayed on the Store are for illustrative purposes only. While every effort is made to provide accurate visual representation, actual products may differ slightly in colour, design, or packaging due to manufacturer updates or screen/device variations.
Order Process
- To purchase a product, the User must select the desired item(s), add them to their shopping cart, and proceed to the checkout process where payment and shipping information will be collected.
- Upon completing the checkout process, the User will receive an email and/or SMS confirming the receipt of their order. This communication confirms that the order has been received by the Merchant but does not constitute an acceptance or guarantee of order fulfilment.
- A binding contract between the User and the Merchant is formed only once the Merchant either (a) dispatches the ordered goods or (b) explicitly confirms the acceptance of the order in writing (whichever occurs first). The Merchant reserves discretion in accepting orders.
- The Merchant may refuse or cancel any order for reasons including stock unavailability, payment issues, or suspected fraud, determined in their sole discretion.
Payment
- The Store accepts payments via UPI and Cash-on-Delivery (COD), where applicable. Availability of payment methods may vary based on the User’s location or the type of product ordered.
- For prepaid orders:
- The User’s UPI account or card will be charged at the time of checkout.
- The order will be processed only upon successful completion of payment.
- All transactions are subject to validation checks and authorization by the Merchant and/or payment providers.
Shipping & Delivery
- The Merchant does not guarantee fixed dispatch times. Dispatch timelines vary by product and depend on factors such as availability, vendor location, and order volume. Estimated timelines may be provided but should not be construed as guaranteed delivery periods.
- Responsibility for the product(s) passes to the User upon successful delivery to the address provided during checkout. The Merchant is not liable for loss or damage post-delivery.
- Estimated delivery timelines are provided for convenience and are not binding. Delays may occur due to factors beyond the Merchant’s control, such as, natural calamities (floods, earthquakes, etc.), strikes or labour disputes, transport disruptions, government-imposed lockdowns or restrictions. In such cases, the Merchant will not be liable for late delivery or non-delivery.
Conditions for use
- By agreeing to these Terms of Service, a User (which such User is a natural Person) represents that the User is at least the age of majority i.e. 18 years, and is competent to contract. Additionally, where the User is registering on behalf of, and is the authorized representative of, a company, partnership or any other legal entity, such User has been duly authorized by such entity and is permitted under Applicable Laws to accept these Terms of Service.
- The User represents and warrants that the User has the full power and authority to accept the Terms of Service, access the Store, under these Terms of Service and that these Terms of Service are binding upon the User and enforceable in accordance with their terms.
- In case Merchant/ myBillBook alters or amends the eligibility criteria to be registered for accessing the Store and the User no longer complies with the new eligibility criteria, as determined by Merchant/ myBillBook in its sole discretion, the User accepts that Merchant/ myBillBook may restrict or suspend the access to the Store without any liability for myBillBook. The User is solely responsible for ensuring that the User are in compliance with these Terms of Services.
- The User shall ensure that there are proper security measures at its respective desktop, mobile device or other device used to access the Store to prevent any hacking and the User accepts all liabilities with respect to any compromise or unauthorized use or disclosure or access to such information.
Availability of the Store
- The User may not access or utilize the Store for any illegal or unauthorised purpose nor may the User violate any Applicable Laws (including but not limited to copyright laws). Merchant/ myBillBook reserves the right to refuse or discontinue the access to the Store.
- The User hereby grants Merchant/ myBillBook the right to access all information, data and details stored or available on the Store, including, without limitation, any Confidential Information, that is required or necessary for Merchant/ myBillBook for the provision of the Services. The User agrees and accepts that Merchant/ myBillBook may store, transfer, process and utilize the information, data and details of the User, including, without limitation, any Confidential Information, in connection with the provision of Services, including without limitation, store such information, data and details in the servers of Merchant/ myBillBook. Independent of the User's registration under the applicable Do Not Disturb (DND), Do Not Call (DNC) or the National Do Not Call (NCPR) databases, the User agrees and accepts that Merchant/ myBillBook or any of its affiliates may contact the User, through either email or phone call or SMS, and offer the Services, including but not limited to the dissemination of information, and promotional offers by myBillBook, its affiliates or associated third parties.
Restrictions on the use of the Store
- The User agrees that the User shall not utilize the Store in any manner inconsistent with these Terms of Service or in breach of Applicable Laws.
- The availability of the Store is subject to the maintenance of an active computer / mobile phone, electricity, internet connection and other utilities or infrastructure, as may be necessary. The User is solely responsible for all liability arising from the unavailability of access to the Store due to a deficient or defective computer / mobile handset or the internet service provider not being able to support the Store or the lack of an electricity connection or any other utility or infrastructure which prevents the use of the Store.
- The User shall not attempt to or engage in any activity that may reverse engineer, decompile or otherwise extract the source code related to the Store or any part thereof.
Warranties
- No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, is given in conjunction with the product or any data/content, including without limitation, the Services. While the Merchant may apply such technology as it deems fit to ensure the security of and prevent unauthorised access to its products/services, the Merchant does not warrant that products/services or any content/data will be provided uninterrupted or free from errors or that any identified defect will be immediately corrected. Further, no warranty is given that products/services or any data/content are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros. The Merchant provides the Services and other products/services on “as is”, “where is”, “with all faults” basis.
- The User acknowledges that he/she has not solely relied on any representation/warranty made by Merchant or its service providers, subcontractors or agents and has made independent assessment of the product, including without limitation, the Store. It is the User’s responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Store or on the Internet generally.
- ALL OTHER WARRANTIES, WHETHER LEGAL, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR USAGE OR FOR THE INTENDED USE THEREOF ARE EXPRESSLY EXCLUDED IN CONNECTION WITH THE USE OF THE SERVICES OR THE STORE.
Exclusions of liability
- Notwithstanding anything to the contrary the Merchant/ myBillBook, its successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives shall in no event be liable to the User or any other Person for:
- any indirect, incidental, special, consequential, punitive or economic loss, expense or damage arising from or in connection with any access, use or the inability to access or use the Store and data/content or reliance on those, including without limitation, in case of the Services, howsoever caused and regardless of the form of action (including tort or strict liability);
- any downtime costs, loss of revenue or business opportunities, loss of profit, loss of anticipated savings or business, loss of data, loss of goodwill or loss of value of any equipment including software; and/or
- any loss or damage arising as a result of a disclosure/sharing or hacking of the User’s login details and password, and any improper usage, failure or malfunction of any computer or mobile phone, unavailability of an electricity connection, other telecommunications equipment, any other services or equipment necessary to access the Store.
- myBillBook/the Merchant shall not be liable for any inconvenience, loss, cost, damage or injury suffered by the User or any third Person arising from or caused by:
- act or omission of any third party including but not limited to any equipment or software providers, any service providers, any network providers (including but not limited to telecommunications providers, internet browser providers and internet access providers), or any agent or subcontractor of any of the foregoing;
- the use of the Store by third Persons, whether authorised or unauthorised by the User;
- theft or loss of the User’s computer, mobile phone, the User’s data, the User’s login details and password, hardware and/or equipment on which the Store is accessed or operated;
- the User being deprived of the use of the myBillBook products as a consequence of any act or omission by myBillBook for any reason including but not limited to compliance with any applicable laws and/or regulations and any instructions and/or directions given by any local or foreign regulatory body, government agency, statutory board, ministry, departments or other government bodies and/or its officials.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT, SHALL MYBILLBOOK OR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS AND/OR PERSONNEL, BE LIABLE TO THE USER OR ANY PERSON FOR ANY DAMAGES, LIABILITIES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO: (I) THESE TERMS OF SERVICE, OR ANY REFERENCE SITE, APP, PRODUCTS; OR (II) THE USER’S USE OR INABILITY TO ACCESS THE STORE OR ANY REFERENCE SITE; OR (III) ANY OTHER INTERACTIONS WITH MYBILLBOOK; HOWEVER CAUSED AND WHETHER ARISING IN CONTRACT, TORT OR IN EQUITY INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE, BEYOND OR INEXCESS INR 1,000, OR ANY AMOUNT AS MAY BE PERMITTED UNDER APPLICABLE LAWS, WHICHEVER IS LOWER.
- Notwithstanding anything to the contrary the Merchant/ myBillBook, its successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives shall in no event be liable to the User or any other Person for:
Cancellation and refunds
The User’s cancellation of orders placed on the Store and applicable refunds shall be governed by Store Cancellation and Refund Policy available at https://mybillbook.in/store/hoysala_sports/info/refund-policy.
Intellectual property
- All Intellectual Property Rights in the Store belong to the Merchant or the applicable third-party owner of such rights. Nothing in these Terms of Service shall operate to transfer any Intellectual Property Rights beyond the specific licenses, as may be specifically agreed in writing.
- In no event shall the User alter, tamper, vary, modify, change, disassemble, decompile, or reverse engineer any Intellectual Property Rights of the Merchant (including without limitation any Intellectual Property Rights licensed to the Merchant by any other Person) (collectively, “IP Property”), or permit others to do so. Altering, tampering, varying, modifying, changing, disassembling, decompiling and reverse engineering include, without limitation:
- converting the IP Property from a machine-readable form into a human-readable form;
- disassembling or decompiling the IP Property by using any means or methods to translate machine-dependent or machine-independent object code into the original human-readable source code or any approximation thereof;
- examining the machine-readable object code that controls the IP Property’s operation and creating the original source code or any approximation thereof by, for example, studying the IP Property’s behaviour in response to a variety of inputs;
- performing any other activity related to the IP Property that could be construed to be reverse engineering, disassembling, or decompiling; or
- making any alteration or change to the IP Property without the express prior written consent of the Merchant.
Indemnification
- The User agrees to indemnify, defend and hold harmless the Merchant and myBillBook and their respective parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees (“Indemnified Parties”), from all claims, demands, losses, costs, fees suffered or incurred by the Indemnified Parties due to or arising out of the User’s breach of these Terms of Service or the documents they incorporate by reference, or the User’s violation of any law or the rights of a third-party.
- The User shall indemnify, defend and hold harmless the Indemnified Parties (whether or not arising out of third-party claims) from all claims, demands, losses, costs, fees suffered or incurred by the Indemnified Parties due to or arising out of a) breach of data privacy and confidentiality obligations; or b) fraud, wilful misconduct or gross negligence; or (c) any third party claims arising due to violation of these Terms of Service by the User.
Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Waiver
If the Merchant/ myBillBook does not exercise a right under these Terms of Service, it shall not constitute a waiver of such right. Waiver of any right, remedy or breach of any subject matter contained in these Terms of Service shall not be viewed as a waiver by the Merchant/ myBillBook, unless specifically agreed by the Merchant/ myBillBook in writing.
Governing law and jurisdiction
- These Terms of Service will be governed by the laws of the India without any application of conflict of laws principles.
- In case of any differences, disputes or disagreements between the User and Merchant (“Dispute”), the User and Merchant shall attempt to amicable resolve such dispute within 30 days from the date on which such Dispute arose.
- The User acknowledges, understands, and expressly agrees that myBillBook, acting solely as a software platform facilitating invoicing, billing, or related business operations, shall not be held responsible for resolving any disputes or disagreements that may arise between the User and the Merchant.
- This includes, but is not limited to, disputes concerning product quality, pricing, or delivery, non-fulfilment or delay in services, payment-related issues between the User and the Merchant, refunds, cancellations, or return policies, any misrepresentation or misconduct by Merchant or User.
- myBillBook's role is strictly limited to providing the digital tools and infrastructure that support the transaction process. As such, it is neither obligated nor expected to act as a mediator, arbitrator, or decision-maker in any legal, financial, or commercial dispute between the User and the Merchant.
- The User and the Merchant are independently responsible for ensuring compliance with applicable laws, customer service obligations, and dispute resolution mechanisms. Any disagreements must be addressed directly between the User and the Merchant, without involving myBillBook in any capacity.
Confidentiality
- For the purposes of this Terms of Service, the term “Confidential Information ” shall mean and include all tangible and intangible information obtained, developed or disclosed or accessed including all documents, data papers and statements and trade secret of the User relating to its business practices and considered to be confidential and proprietary information. The Merchant shall strictly safeguard the Confidential Information and shall take all the necessary action to protect it against misuse. The Merchant/myBillBook shall be entitled to disclose the Confidential Information where:
- Where such Confidential Information is in or enters the public domain without the Merchant’s default;
- Where such Confidential Information is known to the Merchant at the time of first receipt, or thereafter becomes known to the Merchant prior to such disclosure without similar restrictions from a source other than the User, as evidenced by written records;
- Where such Confidential Information is disclosed to employees, consultants, auditors, advisors and shareholders of the Party who are under a duty of confidentiality, or pursuant to Applicable Law or order of any Governmental Authority;
- Where such Confidential Information is required to be disclosed to partners of Merchant for the provision of Services (including, without limitation, any services to be provided by the partners).
- Where such Confidential Information is required to be disclosed in compliance with the Applicable Laws.
- In case the User comes into possession of any Confidential Information of the Merchant/ myBillBook the User shall safeguard the same and shall not disclose such Confidential Information without the prior written consent of Merchant/ myBillBook.
- For the purposes of this Terms of Service, the term “Confidential Information ” shall mean and include all tangible and intangible information obtained, developed or disclosed or accessed including all documents, data papers and statements and trade secret of the User relating to its business practices and considered to be confidential and proprietary information. The Merchant shall strictly safeguard the Confidential Information and shall take all the necessary action to protect it against misuse. The Merchant/myBillBook shall be entitled to disclose the Confidential Information where:
Cancellation and Termination
The Merchant/ myBillBook reserves the right to modify or terminate the account for any reason, without notice at any time. Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.
Entire understanding
These Terms and Conditions constitute the entire agreement between myBillBook, the Merchant and the User pertaining to the subject matter hereof and supersedes in their entirety all written or oral agreements between the myBillBook, the Merchant and the User.
