Terms & Conditions

This Terms of Use govern your use of the website, Materials and the Services offered through www.firsthive.com ("Site"). For the purpose of these Terms of Use, wherever the context so require "you" or "your" or "user" shall mean any natural or legal person who has agreed to become a member of the Site by registering on the Site as registered user or browses the Site. Your access or use of the Site is subject to the terms and conditions of use as set out there (Terms of Use) and the Privacy Policy made available at https://firsthive.com/privacy-policy.

Please note that by accessing or using the Site you agree to be bound by the Terms of Use and the Terms of Use is a legally binding agreement between you and us, Emart Solutions Private Limited, the owner of the Site ("Company").

You may use the Site without registration however, to participate in certain activities of the Site you may be required to create an account. In the event you wish to create an account with us you may do so by completing the registration process. You agree to a) provide true, accurate, correct and complete information as prompted by the applicable registration form b) maintain and update true, accurate, correct and complete information provided by you during the registration process. You may be required to choose a password and user name. You are solely responsible for maintaining the confidentiality of your password and account.

If at any time Company believes that your account and password is being misused in any manner, or that the information provided by you during the registration process is not true, inaccurate or incomplete the Company reserves the right to cancel your account and block your access to Site.

You are entirely responsible for any and all activities that occur under your account. You agree to notify the Company of any unauthorised use of your account or any breach of security. Company will not be liable for any loss that you may incur as a result of someone else using your password or account or your failure to comply with this section.

All materials provided on this site, including but not limited to all information, materials, functions text, logos, designs, graphics, images, sounds, software, documents, products and services (collectively, the "Materials"), and the selection, arrangement and display thereof, are the copyrighted works of the Company/or its vendors or supplier or customers. All Materials herein and all Company software are proprietary to Company and protected by worldwide copyright and other intellectual property laws. Except as stated herein, none of the Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of the Company.

Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark or copyright of the Company.

You acknowledge and agree that nothing in these terms of use shall have the effect of transferring the ownership of any copyrights, trademarks, service marks, trade names or other proprietary rights in the Site or Material or any part thereof to you or any third party.

Use of the Site is available only to persons who can form legally binding contracts as per the applicable law. If you are a minor and wish to use or transact on the Site, such use or transaction may be made by your legal guardian or parents who are registered as users of the Site.

When you use the Site or send emails or other data, information or communication to us, You agree and understand that you are communicating with us through electronic records and You consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

The Site is platform powered and managed by the Company that helps in capturing your customer or your channel interactions with your brand across various transaction, and presents metrics that may be of use to you ("Services").

As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use or by any domestic or international laws, statutes, ordinances and regulations. Your use of site is your sole responsibility.

You shall not, display, upload, modify, publish, transmit, update or share any information on the Site, that —

  1. belongs to another person and to which you do not have any right;
  2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner;
  3. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming" or unsolicited commercial advertisement.
  4. harm minors in any way;
  5. infringes any patent, trademark, copyright or other proprietary rights;
  6. violates any law for the time being in force;
  7. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  8. impersonate another person
  9. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

Unless otherwise stated, copyright and all intellectual property rights in all Materials on the Site (including but not limited to text, audio, video or graphical images, or technology, the look and feel of the Site), trademarks and logos appearing on this Site are the property of the Company and are owned and controlled by us or by other parties that have licensed their material to us. Materials on the Site are solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the Materials, use of the Materials on any other web site or networked computer environment or use of the Materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Company or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the Site, including without limitation, the size, colour, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.

We respect other people's intellectual property rights and if you believe that any content or material on the Site infringes on your intellectual property rights you can write to us at legal@emartsolutions.in

The Site, all the Materials and products (including but not limited to software) and any services, included on or otherwise made available to you through this Site are gathered from a variety of sources and are intended solely as general information and provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Site is/are the personal opinion of such experts/consultants/persons and does not constitute or indicate our endorsement, representation or warranty of such information and are not subscribed to by this Site. Without prejudice to the forgoing paragraph, Company does not warrant that:

  1. The Site will be constantly available, or available at all; or
  2. The information on the Site is complete, legal, true, accurate or non-misleading.
  3. Any Services provided will meet your requirements, is suitable for your purpose, accurate, complete, true or non-misleading.

Company may establish on the Site a hypertext link to a third party website from time to time. Such link is provided for information and convenience of the users and does not state or imply any sponsorship or endorsement of third party website by Company. Company has no control over such third party website and your use of such third party website or any offsite dealings with such third parties is at your own risk.

The Site uses multiple analytics tools (Analytics Tools) and Analytics Tools uses "cookies", which are (text files placed on your computer, to help analyse how users use the Site. The information generated by the cookie about your use of the Site (including your IP address) will be transmitted to and stored by server of the third party providers of Analytics Tools. Company or its third party service providers will use this information for the purpose of evaluating your use of the Site, compiling reports on the Site activity and providing other services relating to your Site activity and internet usage. By using this Site, you consent to the processing of data about you by Company and its third party providers in the manner and for the purposes set out above.

Some part of the Site may contain advertising information or promotion material or other material submitted to Company by third parties. Responsibility for ensuring that the material submitted for inclusion on Site complies with applicable law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of advertisers or including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. Company will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site. Company reserves the right to omit, suspend or change the position of any advertising material submitted for insertion

This Site is controlled and operated from within India. Company makes no representation that the Site is appropriate or available in locations outside the India. Those who choose to access the Site from other locations do so at their own risk and are responsible for compliance with applicable laws.

YOU AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF SITE, EVEN IF COMPANY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to indemnify, defend and hold Company, its officers, directors, employees, affiliates or representatives harmless from any claim or action (including legal expenses) arising out your use of the Site, your breach of the Terms of Use and violation of any third party intellectual property rights or privacy.

This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Bangalore. Notwithstanding the foregoing, we reserve the right to pursue any action or claim against you in any court of competent jurisdiction which we believe is the most appropriate to seek any relief.

The Terms of Use and Privacy Policy, as amended from time to time, constitute the entire agreement between you and Company. If any provision of these Terms of use is considered unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

We reserve the right, to modify these Terms of Use at any time. Any changes to Terms of Use will be posted on the Site and your continued use of the Site following a posting of changes is your agreement to the changes and you are bound by the then-current version of these Terms of Use. If any changes to these Terms of Use are unacceptable to you, you must discontinue use of the Site. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site, including for any violation of any provision of these Terms of Use. We also reserve the right to change the Site without notice to you, at any time.

None of the provisions of the Terms of Use shall be deemed to constitute a partnership or agency between you and Company and you shall have no authority to bind Company in any manner, whatsoever. If you are registering on the Site as a business entity, you represent that you have the authority to bind the entity to this Agreement.

We reserve the right, at our discretion, to immediately, with or without notice, suspend or terminate your registration, the Terms of Use, and/or your access to all or a portion of the Site and/or remove any registration information or User Content from the Site, for any reason. Upon termination or expiration of the Terms of Use, your obligations and Company's rights and disclaimers survive, but your right to use the Site immediately ceases. Any express waiver or failure to exercise promptly any right under the Terms of Use will not create a continuing waiver or any expectation of non-enforcement.