TERMS AND CONDITIONS
1. ACCEPTANCE OF TERMS AND MODIFICATIONS THEREOF:
1.1. This Agreement constitutes a binding contract between User and BIPL, with regard to the access and use of the Website.
1.2. Access of the Website by the User constitutes an acknowledgment and acceptance in full, of all the terms, conditions and notices as stated in this Agreement and without any modification and/or exception by the User of this Agreement. If the User does not agree with any part of such terms, conditions, and notices as stated in this Agreement in any manner, the User must not access the Website.
1.3. BIPL reserves the right to change the terms, conditions, and notices pursuant to which the Website is accessed by the User or any services/information (hereinafter referred to as “Services”) that are offered through the Website, without any notice or intimation of such change. The User shall be responsible for regularly reviewing the terms and conditions of this Agreement. Changes to this Agreement will be effective when posted and the User agrees to review this Agreement periodically to become aware of any changes.
1.5. BIPL reserves the right, in its sole discretion, to terminate the access to the Website and/or any of the Services or any portion thereof at any time, without any prior notice.
1.6. The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement or the right to use the Website by the User as contained herein or any other section or pages of the Website in any manner whatsoever.
1.7. The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to this Agreement as a whole.
1.8. The products displayed, promoted and sold through the Website are third party products that are manufactured by third parties. The User shall purchase products only after due verification on its own end regarding the authenticity and quality of the product. The Website shall not be held responsible for any deficiency in products being sold by third parties through the Website.
1.9. Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including without limitation minors, un-discharged insolvents, etc. are not eligible to use the Website.
2. LIMITED USER:
2.1. The User agrees that given the nature of the Internet, even though the Website is targeted to Indian Residents only, it may be accessed in other parts of the world. The material/information on the Website is not intended for use by persons located in, or residents in countries that restrict the distribution of such material/information or by any person in any jurisdiction where distribution or use of such material/information or usage or access of Website will be contrary to law or any regulation. It shall be the responsibility of every User to be aware of and fully observe the applicable laws and regulations of the jurisdiction which User is subject of. If the User is not an Indian resident and yet uses the Website, he acknowledges, understands and agrees that he is doing so on his own initiative and at his own risk and BIPL shall not be liable for violation or breach of any of the laws applicable to usage of the Website. The Website is not to be and should not be construed as purporting to offer or inviting to offer any information or services to residents of countries where BIPL is not licensed or authorized to perform its business activities. If the User is not an Indian resident, by using this Website and/or submitting his personally identifiable information or any other information on the Website, he expressly consents to the transfer of such data to India, and to the processing of such data on BIPL’s Indian servers, where his data will be governed by Indian laws that may provide a level of data protection different than his country.
2.2. The User agrees and undertakes not to sell, lease, lend, trade or resell or exploit for any commercial purposes, any portion of the Services. For the removal of doubt, it is clarified that the Services, including the use of the Website, is not for commercial use but is specifically meant for personal use only of the User.
2.3. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the explicit permission of BIPL. All information displayed, transmitted or carried on the Website is protected by copyright and other intellectual property laws. Copyrights and other intellectual property in respect of some of the content on the Website may be owned by third parties. This site is designed, updated and maintained by BIPL or its licensors. You shall not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available on the Website. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is strictly not permitted.
2.4. The User agrees that it shall not disseminate any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material. The User shall not gain unauthorized access to another computer/network systems. The User shall not interfere with any other person's use or enjoyment of the Website. The User shall not transmit material that encourages or promotes conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any relevant laws, regulations or rule framed by any competent authority. The User shall not interfere or disrupt networks or websites connected to the Website.
2.5. The User agrees that it shall not display, host, upload, modify, publish, transmit, update or share any information on the Website that belongs to any third party, any minor, any person without their explicit consent, any governmental agency, any trademark of any company or entity, any copyright of any company or entity, any patent of any company or entity, any information that is grossly harmful, harassing, blasphemous obscene, defamatory, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, any information that deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature, any information that violates any law for the time being in force.
2.6. The User agrees that BIPL assumes no responsibility for any damages or viruses that may infect Users' computer equipment or other property on account of your access to, use of, or browsing in this Website.
2.7. BIPL reserves the right, in its sole discretion, to terminate the access to the Website and/or any of the Services or any portion thereof at any time, without any prior notice.
3.0. DISCLAIMER OF WARRANTIES
3.1 BIPL has endeavored to ensure that all the information provided by it on this Website is correct, but BIPL neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information displayed on this Website and BIPL shall not be in any manner liable for inaccuracy/error if any. BIPL makes no warranty, express or implied, concerning the Website and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of information displayed and communicated through or on the Website, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any User or any other person, arising out of or from the use of any such information as is displayed or communicated through or on the Website or the provision of the Services.
3.2 BIPL does not make any representation or warranty as to the legal title of the Goods and Services offered for sale by the companies, brands, entities, individuals on the Website. The right, title, claim or interest in the products sold through the Website shall not vest with the BIPL and the BIPL shall not have any obligations or liabilities in respect of any transactions on the Website.
3.3 All items offered for sale on the Website, and the content made available are third party user-generated content and third-party products. The BIPL has no control over such third-party user-generated contents and Goods and Services and does not originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission. The quality of the Goods and Services made available through the Website shall be the sole responsibility of the third-party. BIPL shall have no liability with respect to the authenticity of the Goods and Services being facilitated through the Website.
3.4 BIPL is not responsible for delayed, non-performance or breach of contract entered into between You and the third-party for purchase and sale of goods or services offered by such Third Party on the Website; BIPL gives no guarantee that the concerned third-party will perform any transaction concluded on the Website.
3.5 The membership/usage of the Website is restricted to those above 18 years of age, or to such group that can be termed to have attained 'majority' under the laws of the respective jurisdictions where this Website can be seen and is accessible or to emancipated minors, who possess legal parental or guardian consent, or are in a position so as to be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
3.6 BIPL is not responsible for the Goods and Services which are out of stock, back ordered or otherwise unavailable, but was shown as available on the Website at the time of placement of the order by the User.
3.7 These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
4.0 LINKS TO THIRD PARTY SITES
4.1. The Website may contain links to other Websites or may contain features of any nature of other Websites on the Website ("Linked Sites"). The Linked Sites are not under the control of BIPL or the Website and BIPL is not responsible for the contents of any Linked Site, including without limitation any link or advertisement contained in a Linked Site, or any changes or updates to a Linked Site. BIPL is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. BIPL is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement of any nature by BIPL or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
4.2. BIPL is not responsible for any errors, inclusions, omissions or representations on any Linked Site, or on any link contained in a Linked Site. BIPL does not endorse any advertiser on any Linked Site or on any link contained in a Linked Site, in any manner. The User is requested to verify the accuracy of all information on his own before undertaking any reliance on such information.
4.3. The website provides links to third-party websites, online payment service partners, which process Users Net Banking and Credit/Debit Card payments, respectively. BIPL is not responsible for the availability or proper functioning of such linked pages or sites, and BIPL will not be held responsible for any loss or inconvenience encountered as a result of using such a Website link.
5.0. USE OF COMMUNICATION SERVICES
5.1 The Website may contain services such as email, chat, bulletin board services, news groups, forums, communities, personal web pages, calendars, and/or other messages (hereinafter collectively referred to as "Communication Services"). The User agrees and undertakes to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
5.2 The User will not advertise or offer to sell or buy any goods or services for any business purpose unless such Communication Service specifically allows such messages, conduct or forward surveys, contests, pyramid schemes or chain letters.
5.3 The User will not download any file posted by another user of a Communication Service that the User knows, or reasonably should know, cannot be legally distributed in such manner. The User will not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
5.4 BIPL reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in BIPL’s sole discretion.
5.5 When User registers with the Website, User consents that BIPL or any of its partners/ affiliate/ group companies or third-party service providers may contact User from time to time to provide the offers/ information of such products/ services that they believe may benefit User.
6.0. REGISTRATION PROCESS FOR USER
6.1 Registration of the User on the Website is optional. If the User opts to register himself on the Website, upon completion of the registration process, the User shall receive a User id and password. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or User id. Further, the User agrees not to use any other party's under id and password for any purpose whatsoever without proper authorization from such party. The User is responsible for the security of his password and for all transactions undertaken using his password. BIPL will not be responsible for any financial loss or any other loss, inconvenience or mental agony resulting from the misuse of your ID/password/account details.
6.2 The User also agrees and undertakes to immediately notify BIPL of any unauthorized use of the User's password or User id and to ensure that the user logs off at the end of each session at the Website. BIPL shall not be responsible for any, direct or indirect, loss or damage arising out of the User's failure to comply with this requirement.
6.3 The User also agrees to (a) provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form ("Registration Data") on the Website; and (b) Upon registration BIPL will permit the User to review the information/data provided by User and it shall be User’s obligation to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provides any information that is untrue, inaccurate, not current or incomplete or BIPL has reasonable grounds to suspect that the Registration Data or any part thereof is untrue, inaccurate, not current or incomplete and BIPL shall not be responsible for the authenticity of data provided by User. BIPL has the right to suspend or terminate the User's registration and refuse any and all current or future use of the Website and/or any of the BIPL Services where it is found that User had willfully provided any inaccurate information/data. Furthermore, the User grants BIPL the right to disclose to third parties the Registration Data to the extent necessary for the purpose of providing services by BIPL, its affiliates, and third-party service providers.
7.0. LICENSE AND PROPRIETARY RIGHTS
7.1 Subject to the terms of this Agreement, BIPL hereby grants to the User, if and only to the extent the necessary functionality is provided to the User on or through the Website, the following limited, revocable, non-exclusive, non-transferable, non-assignable, worldwide, royalty-free rights and licenses (each a "License"): (i) the License to access, view and otherwise use the Website (including, without limitation any information or Services provided on or through the Website) for your personal, lawful use only, as intended through the normal functionality of the Website; (ii) the License to obtain a registered personal account (and the related username and password) on the Website and interact with other Website Users as part of Website-based chat rooms, message boards, social media networks, and/or other similar activities; (iv) the License to use any other functionality expressly provided by BIPL on or through the Website for use by Users, subject to this Agreement.
7.2 The content of the Website and all copyrights, patents, trademarks, service marks, trade names, and all other intellectual property rights therein are owned by BIPL, third parties and/or its licensors and are protected by applicable Indian and international copyright and other intellectual property law. The User acknowledges, understands and agrees that he shall not have, nor be entitled to claim, any rights in and to the Website content and/or any portion thereof.
7.3 BIPL may provide the User with content including information, sound, photographs, graphics, video or other material through the Website. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may use this material only as expressly authorized by BIPL and shall not copy, transmit or create derivative works of such material without express authorization from BIPL.
7.4 The User agrees not to copy, reproduce, duplicate, stream, capture, access through technology or means other than those provided on the Website, perform, transfer, sell, resell, download, upload, archive, license to others, edit, modify, manipulate, create derivative works from or based upon (including, without limitation, mash-ups, montages, wallpapers, ringtones, greeting cards, or other merchandise), publish, republish, post, transmit, publicly display, frame, link from or to, distribute, share, embed, translate, decompile, reverse engineer, translate, incorporate into any hardware or software application, use for commercial purposes, or otherwise use or exploit the Website or any component part thereof. Any of the unauthorized uses referred to above would constitute an infringement of the copyrights and other proprietary rights of BIPL and/or its licensors (including, without limitation, other Website users who have submitted their own information) and a violation of this Agreement and may subject User to civil and/or criminal liability under applicable laws.
8.0. LIMITATION OF LIABILITY AND INJUNCTIVE RELIEF
8.1 THE USER UNDERSTANDS AND EXPRESSLY AGREES THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT, WILL THE BIPL OR ANY OF ITS AFFILIATES OR GROUP COMPANIES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE TO USER OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USER’S USE (OR THE USE OF ANYONE USING AN ACCOUNT REGISTERED TO THE USER) On THE WEBSITE OR ANY PARTS THEREOF.
8.2 NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE USER HEREBY IRREVOCABLY WAIVES ANY RIGHT OR REMEDY TO SEEK AND/OR OBTAIN INJUNCTIVE OR OTHER EQUITABLE RELIEF OR ANY ORDER WITH RESPECT TO, AND/OR TO ENJOIN OR RESTRAIN OR OTHERWISE IMPAIR IN ANY MANNER, THE PRODUCTION, DISTRIBUTION, EXHIBITION OR OTHER EXPLOITATION OF ANY THE BIPL OR ANY OF ITS AFFILIATE OR GROUP COMPANY RELATED SERVICES, OR THE USE, PUBLICATION OR DISSEMINATION OF ANY ADVERTISING IN CONNECTION WITH SUCH SERVICES.
9.1. All the information provided to us by the User, including sensitive personal information, is voluntary. The user has the right to withdraw your consent at any time, in accordance with the terms of this User Agreement, but please note that the withdrawal of consent will not be retroactive.
9.2. The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by us and our service providers for the technical administration of the Website, research and development, and administration. In the course of serving advertisements or optimizing services to the User, we may allow authorized third parties to place or recognize a unique cookie on your browser. BIPL does not store personally identifiable information in the cookies.
9.3. BIPL may keep records of telephone calls received and made for making inquiries, orders or other purposes for the purpose of administration of services, research and development, quality management services and for proper administration.
9.4. BIPL allows other companies, to serve advertisements to the User. These companies include third-party ad servers, ad agencies, ad technology vendors and research firms. BIPL may "target" some ads to you that fit a certain general profile. BIPL does NOT use personally identifiable information to target ads.
10.1. The User agrees to indemnify, defend and hold harmless BPIL, its affiliates, group companies, and their directors, officers, employees, agents, third-party service providers, and any other third party providing any service to BPIL in relation to the Services whether directly or indirectly, from and against any and all losses, liabilities, claims, damages, costs, and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by BIPL that arise out of, result from or may be payable by virtue of, any breach or non-performance of any terms of this Agreement including any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this Agreement.
10.2. BPIL disclaim all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). BPIL shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website.
10.3. BPIL is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. BPIL cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any <no transactions are entered into> on the Website. BPIL shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
11.1. If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
12.1. In the event User has any grievance in relation to any information uploaded on the Website or with respect to processing of information or use of Website , User may contact our Grievance Office (Customer Care) provided at the Website ; or write at the address provided at the Website. The Grievance office shall endeavour to expeditiously redress the grievances, but within reasonable time as may be provided in applicable laws.
13.0. FORCE MAJEURE
13.1. BIPL shall not be liable for any failure to perform any of its obligations under this Agreement or provide the Services or any part thereof if the performance is prevented, hindered or delayed by a Force Majeure Event (defined below) and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.
13.2. “Force Majeure Event” means any event due to any cause beyond the reasonable control of any party, including, without limitation, unavailability of any communication system, breach or virus in the systems, fire, flood, explosion, acts of God, civil commotion, riots, insurrection, war, acts of government.
14.0. GOVERNING LAW
14.1. This Agreement shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles. In the event any dispute in relation hereto is brought by the User, it shall be subject to the exclusive jurisdiction of the courts of Mumbai, India.