Helpcenter
- Orders.
(a) Customer shall order Products from the Company through its official website accessible at www.healy.shop and sufficient to indicate Product- name, part numbers, quantities, and desired delivery dates. No verbal or fax orders will be accepted.
(b) All orders shall be subject to acceptance and confirmation by the Company on the terms of this Agreement. The Company reserves the right, without liability, to selectively reject any order from Customer in its sole discretion. In addition, the Company may decline without liability to sell or ship any Product if in its judgment, if such shipment or sale may violate any United States or other country’s Laws.
(c) Customer shall support Company and its original Products and shall not copy, reverse engineer, or promote the Products as its own.
- Operating stability
Healy World Frequency programs will be provided at the highest possible degree of operating stability but is not responsible for any breakdown caused by factors beyond its control. Such breakdown includes but is not limited to power failures, errors occurring in modem equipment, ADSL connections, telecommunications connections or the like. In all events, Healy World aims to re-establish normal operations as quickly as possible.
- Maintenance of the System
Healy World is entitled to make operational changes to the Healy Frequency programs for improvements or otherwise (for example by developing or updating software) without giving you prior notice. In some circumstances, it may be necessary to suspend access to the frequency programs, usually between 9pm and 6am CET. Notice of such a suspension will be given to you in advance. Healy World will not be responsible for any consequences of such a suspension where notice has been given or where the same is a result of exigency/ force majeure or any such other error.
- Rights
The Healy Frequency programs remains the full property of Healy World. Individually customized frequency programs software provided with Healy are the property of Healy World unless otherwise stipulated, while you are provided with a limited license to use the same. Healy World may at any time transfer its rights and obligations under this agreement to any economic affiliate, subsidiary or business unit, or any of their affiliated companies or divisions. Except as provided above, the rights and obligations under this agreement may not be transferred to any third party without the written consent of the other party.
- Liability of Healy
Healy World has taken reasonable measures to ensure that the frequency programs are virus-free but no warranty is given that the programs are free from infection from viruses etc., and Healy shall have no liability if this is not the case. To the extent permitted by law, Healy disclaims all warranties with respect to the frequency programs, either express or implied, including but not limited to any implied warranties of suitability or fitness for any particular purpose. Healy World shall not be liable to the Customer for any loss or damage caused arising directly or indirectly, except to the extent that such liability may not be lawfully excluded under the applicable law. Except for death or personal injury caused by negligence of Healy, its employees, agents or authorized representatives, for which no limit applies, Healy’s liability will be limited to the lesser of the value of payments made by you for the period of 12 months before the occurrence of the incident giving rise to the liability.
- Data Privacy and Confidentiality
Healy World’s Data Privacy Policy is applicable. Healy World has taken the necessary technical and organizational security measures to prevent information saved by the frequency programs and Apps from being accidentally or illegally destroyed, lost or wasted and to prevent such information from falling into the hands of any unauthorized party, being misused or otherwise treated in any way which is contrary to Healy’s privacy policy. Healy is bound by secrecy in respect of any information received about you and will not disclose such information to any third party except where it is required to do so to fulfil the contract or by any court or regulatory authority and then only to the extent necessary.
- Shipment.
Unless otherwise agreed in writing, Performance Products are delivered FOB designated carrier. We provide an estimated date for delivery during check-out and make best efforts to deliver on or before the same.
8.Payment; Retention of Title
8.1. Payment is due prior to shipment and the applicable terms and conditions on payments are available at: https://india.healy.shop/
8.2. Title to Products only passes from Company to Customer after the full price for such Performance Products has been paid to the Company in full, such payment shall not be deemed to be made until the Company receives cleared funds. Title in any software is not passed through any purchase and Customer has a limited license to use the same in accordance with terms prescribed by the Company.
- Non-Defective Performance Product Returns.
Unless the Company has first authorized or permitted the return of any non-defective Products, Company shall not be obligated to accept the return from Customer of any non-defective Products, or to make any exchanges therefore, or to credit IHWM, therefore. Prior to returning non-defective Products, request and receive the written authorization of the Company to make such returns.
- Limited Warranty, Indemnification
10.1. Service of Products. Customer shall assume and provide for aftermarket sales and field service responsibilities for all Products sold by Customer at its own cost and expense. Customer shall use only Company authorized parts for repairs.
10.2. Limited Warranty; Exclusion of Other Warranties
(a) Company warrants and represents that the Products delivered conform to all applicable laws and regulations applicable and are free from defects in materials and workmanship. These warranties shall run to the IHWM, its successors, assigns and Customers for the period set forth below.
(b) The responsibility of the Company hereunder, and the sole and exclusive remedy of Customer for a breach of any warranty hereunder, is limited to, correction or replacement by Company without charge any Product which has been returned to Company in accordance with this warranty
(c) Company shall have the sole right to determine whether returned Products or parts thereof shall be repaired or replaced.
(d) Company’s responsibility under these warranties shall expire twelve (12) months from the date of purchase by the end user.
(e) Unless otherwise agreed, and except as may be necessary to comply with these warranties, the Company reserves the right to make changes in its Products without any obligation to incorporate such changes in any product manufactured theretofore.
(f) These warranties will not apply if the Products have been subject to unusual wear and tear or use contra indications.
(g) Exclusion of Other Warranties. THE WARRANTIES SET FORTH IN SECTION 10.2 ARE THE SOLE WARRANTIES FOR THE PERFORMANCE PRODUCTS. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED WHETHER CREATED BY STATUTE, COMMON LAW OR OTHERWISE, ARE EXPRESSLY EXCLUDED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, VALIDITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS SECTION. WITH RESPECT TO CLAIMS BY THIRD PARTIES, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL CONSEQUENTIAL, INCIDENTAL, AGGRAVATED, PUNITIVE OR LIQUIDATED DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGE TO OR LOSS OF PROPERTY OTHER THAN FOR THE PRODUCTS; LOST PROFITS; REVENUE OR OPPORTUNITY; LOSS OF USE; OR CLAIMS OF IHWM’S CUSTOMERS FOR SUCH DAMAGES, BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR ANY OTHER LEGAL THEORY, INCLUDING BUSINESS INTERRUPTION LOSSES, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF PERISHABLE MATERIAL OR LOST PROFITS, EXCEPT FOR DEATH OR PERSONAL INJURY TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
10.3. Compliance with Laws and Policy; Indemnification
(a) Compliance with Laws and Code of Conduct. The Customer shall comply with all Laws during the term of this Agreement applicable to the importation sale and distribution of the Products in the state or otherwise and shall keep the Company apprised of any changes in the law which may affect the sale of Products in the sales region. Customer shall defend and hold harmless the Company in the event that they sell Product in violation of laws, regulations, or Company Rules.
- Complaints, Dispute and Applicable Law
Customer can reach out to us as per our Grievance Redressal Policy and help us in resolving any complaints/disputes. The Company and Customer shall try to first resolve the dispute/complaint amicably within 15 days. Laws of the purchasing country shall be applicable and no liability arises if the product is purchased in a country where the Company doesn’t operate.
- Severability
If one or more provisions of these Terms and Conditions are or become invalid or void, the remaining provisions of these Terms and Conditions are not thereby affected but remain in full force and effect. If the terms or conditions was intrinsic and the present policy cannot operate without the same, then the Company reserves its right to amend and incorporate the required terms or conditions, as it deems fit.
