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Term & Conditions
Welcome to https://bmart.store, which includes the corresponding App (the “Website”). This Website is owned and managed by Covosa Big B Mart Pvt. Ltd. having its registered office at Metroplex East, Swasthya Vihar, New Delhi – 110092 (hereinafter referred to as the “Company”).
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
For the purpose of these Terms, wherever the context so requires, “User” or “You” or “Your”: means any person who accesses this Website or avails Service through this Website for the purpose of purchasing, using, hosting, publishing, sharing, transacting, displaying or uploading, viewing the Website of the Company. The term “We”, “Us”, “Our” shall mean the Company;
You understand that, by use/ access of the Website, You have agreed to contract with the Company and agree to comply with these terms and conditions including the related Company policies that constitute Your binding obligations, with the Company;
You understand that, the access and 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 are not eligible to use the Website. You hereby represent and warrant to the Company that You are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms. While individuals under the age of 18 may utilize the Service of the Website, they should do so only with the involvement & guidance of their parents and / or legal guardians, under such Parent /Legal guardian’s registered account. You agree to register prior to uploading any content and / or comment and any other use of the Services of this Website and provide Your details including but not limited to complete name, email address, contact number.
The Company reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms, without any prior notice to You. You are requested to review these Terms regularly. Your continued use of the Website or Services after the posting of changes constitutes Your deemed and binding acceptance of such changes. In addition, when using any particular services/ accessing the Website including but not limited to (e.g. Product Reviews, Seller Reviews), You may be subject to any posted guidelines, policies, rules, product requirements or sometimes additional terms and conditions applicable to such Services. All such guidelines, rules, product requirements or sometimes additional terms are hereby incorporated by reference into the Terms and shall be considered as part and parcel of these Terms.
YOUR ACCESS OR USE OF THE WEBSITE OR SERVICE SHALL MEAN THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS. BY ACCESSING OR USING THIS WEBSITE OR SERVICES, YOU ALSO REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY AS PER APPLICABLE LAW (INCLUDING BUT NOT LIMITED TO AGE REQUIREMENT) TO ACCEPT THE TERMS ON BEHALF OF YOURSELF AND/OR ANY OTHER PERSON YOU REPRESENT IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. IF YOU DO NOT AGREE TO THE TERMS, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE OR SERVICES.
Definitions: “Company Content” means Company’s proprietary content, including but not limited to, Company trademarks and logos made available through the
Website and Services, excluding Third Party Content and User Submissions;
“Third Party Content” means content, information etc. which is owned by third parties;
“User Submissions” means the text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content that the Company allows its users to uploads, posts, flips, compiles or otherwise provided to Company via the Website and Services, as applicable.
Ownership: The Website, Services and the Company Content are protected by copyright, trademark and other applicable laws. Except as expressly provided in these Terms, Company, its affiliates and their licensors exclusively own all right, title and interest in and to the Website, Services, and the Company Content, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, Services or Company Content. Company claims no ownership interest in any Third Party Content and expressly disclaims any liability concerning those materials.
Limited License: Subject to Your compliance with the Terms herein, the Company hereby grants You a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Services for the personal and non-commercial use only. Except for the foregoing limited license, no right, title or interest shall be transferred to You. Content on the Website and/or the Services is provided to You on an AS IS basis for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Website and/or the Services and the Content. These Terms do not authorize You to, and You may not, reproduce, distribute, publicly display, publicly perform, communicate to the public, make available, create derivative works of or otherwise use or exploit any Third Party Content or User Submissions in violation of applicable laws. Any unauthorized use of the Company Contents or the Services will result in termination of the limited license granted by the Company and cancellation of Your registration. Use of Website or the Services for any unauthorised purpose may result in civil and criminal penalties. The Company does not promote, foster or condone the copying of Content, or any other infringing activity and the owners of Third Party Content or User Submissions may have the right to seek damages or any other remedy available to them, against You for any such violation.
Interactions between Users: You are solely responsible for Your interactions (including any disputes) with other users. You understand that Company does not in any way screen Company users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Website and Services and disclosing personal information to other Company users. You agree to take reasonable precautions in all interactions with other Company users, particularly if You decide to communicate with Company user offline or meet them in person. Your use of the Website, Services, Company Content, and any other content made available through the Website or Services is at Your sole risk and discretion, and Company hereby disclaims any and all liability to You or any third party relating thereto. Company reserves the right to contact Company users, in compliance with applicable law, in order to evaluate compliance with the rules and policies in this Terms You will cooperate fully with Company to investigate any suspected unlawful, fraudulent or improper activity via the Services.
By making available any User Submissions through the Website and Services, You hereby grant to Company and its users a worldwide, non-exclusive, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast, make available, communicate to the public and otherwise use and exploit such User Submissions through or by means of the Website and the Services and/or to incorporate it in other works in any form, media, or technology now known or later developed throughout the world. Company does not claim any ownership rights in any such User Submissions and nothing in these Terms will be deemed to restrict any rights that You may have to use any such User Submissions. You hereby acknowledge and agree that Company shall not be liable for any use of Your User Submissions by any third party that had access to your User Submissions during the period in which Your User Submissions was available on or through the Services. You acknowledge and agree that Company reserves the right to not to publish, display the User Submissions or modify, amend or delete any User Submissions on the receipt of any complaint, that the User Submissions are infringing or in violation of any applicable laws or otherwise. You acknowledge and agree that You are solely responsible for all User Submissions that You make available through the Website or Services. Accordingly, You represent and warrant that: (a) You either are the sole and exclusive owner of all User Submissions that You make available through the Website or Services or You have all rights, licenses, consents and releases that are necessary to grant to Company the rights in such User Submissions, as contemplated under these Terms; (b) neither the User Submissions nor Your accessing, posting, submission or transmittal of the User Submissions or Company’s use of the User Submissions (or any portion thereof) on, through or by means of the Web and the Services or any other permitted use will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and (c) no payments of any kind shall be due to any third party, whether a copyright owner or an agent thereof, for any use made of the User Submissions (or any portion thereof) on, through or by means of the Website and the Services.
By using the Website or the Services, You acknowledge the sole responsibility for and assume all risk arising from Your access to, use of or reliance upon any such Third Party Content, or User Submissions and Company disclaims any liability that You may incur arising from Your access to, use of or reliance upon such Third Party Content or User Submissions. You acknowledge and agree that Company: (a) is not responsible for the availability or accuracy of such Third Party Content or User Submissions; (b) has no liability to You or any third party for any harm, injuries or losses suffered as a result of Your access to, reliance on or use of such Third Party Content or User Submissions; (c) does not undertake or assume any duty to monitor for inappropriate or unlawful content on third party websites or User Submissions; and (d) does not make any promises to remove Third Party Content from being accessed through the Website or the Services.
THE SERVICE REGISTRATION AND ACCESS TO USE (If applicable)
Registration: Wherever the Company provides a facility to register for the Services, You may be required to open an account by completing the registration process (i.e. by providing Us with current, complete and accurate information as prompted by the applicable registration form). You will also choose a password and a user name. You are entirely responsible for maintaining the confidentiality of Your password and account. In particular, as a parent or legal guardian, You acknowledge and assume sole responsibility to ensure that content which is meant for mature audiences (i.e, above the age of majority) is not accessed by children. Hence, You may not share Your log in credentials with Your children. You expressly agree to absolve the Company of any responsibility / liability in this regard.
Google, Facebook Connect: You may be permitted to register for the Services by using Your Google or Facebook username and password. If, however, You are under 18 years of age, You may log in to the Services using Google or Facebook Connect and utilize the Services only under the supervision of Your parent or legal guardian. Using Google or Facebook Connect allows us to personalize and enhance your experience while using the Services, based on Your personal information, profile, likes, and other relevant information. When You use this feature, You expressly consent to information about Your activity on the Services (i.e. what You have read, what You have liked, ratings given by You, etc.) being continuously released and automatically posted on Your Google or Facebook account (which has been used to log in) and made available to Your friends on Google or Facebook. You may control the information being shared through Google or Facebook Connect by changing Your account / privacy settings. By registering through Google or Facebook, You agree to the Terms stated herein and in addition to any other specific terms which shall be posted at an appropriate location of the Website. Each registration is for a single individual user only.
Geographic Limitation: The Website and/or the Services are controlled and offered by Company from its facilities in the territory of India. Company makes no representations that the Website or Services are appropriate or available for use in other locations. If You are accessing or using the Website or Services from other jurisdictions, You do so at Your own risk and You are responsible for compliance with local law. Notwithstanding the foregoing, the Website or Services may contain or provide links to content hosted on website located outside of the India.
Access to use: To access the Services, You may be asked to enter Your individual user name and password, as chosen by You during Your registration. The Company does not permit any of the following:
Any other person sharing Your account and password;
Any part of the Website being cached in proxy servers and accessed by individuals who have not registered with the Company as users of the Website; Access through a single account and password being made available to multiple users on a network;
If the Company reasonably believes that an account and password is being used / misused in any manner, the Company shall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address. Company reserves the right to reject any user name selected by You and/or revoke Your right to any previously selected user name and give such user name to any other person or entity in Company’s sole discretion and without any liability towards You. Furthermore, You shall be entirely responsible for any and all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of Your account or any other breach of security. The Company will not be liable for any loss that You may incur as a result of someone else using Your password or account, however, You could be held liable for losses incurred by the Company or another party due to someone else using Your account or password. If messages sent to an email address provided by You and associated with Your account are returned as undeliverable or wrong address; Company reserves the right to terminate Your account immediately with or without notice to You and without any liability to you or any third party.
Availability: The availability of Company Content through the Services may change from time to time. You are responsible for all Internet access charges. Please check with Your Internet provider for information on possible Internet data usage charges.
Products/Sellers offered by third party Sellers:
In respect of any transaction between the users and the third party sellers, the Company is not and shall not be a party to such transaction . All commercial/contractual terms are offered by and agreed to between the Users and the sellers alone. The commercial/contractual terms include without limitation price, discounts/ offers, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Company does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the buyers and sellers;
All discounts, offers (including exchange offers) are by the seller/brand and not by the Company, unless expressly specified. Placement of an order on the Website is an offer to buy the product(s) in the order by the buyer to the seller and it shall not be construed as seller’s acceptance of buyer’s offer to buy the product(s) ordered. The seller retains the right to cancel any such order placed by the buyer, at its sole discretion and the buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by buyer in case of such cancellation by seller, shall be refunded to the buyer. Further, the seller may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption.
Company does not make any representation or warranty as to specifics (such as quality, value, salability, etc.) of the products or Services proposed to be sold or offered to be sold or purchased on the Website;
Company is not responsible for any non-performance or breach of any contract entered into between buyers and sellers. Company cannot and does not guarantee that the concerned buyers and/or sellers will perform any transaction concluded on the Website. Company shall not and is not required to mediate or resolve any dispute or disagreement between buyers and sellers;
Company does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that regard;
Save and except in cases where the Company owns the products, at no time shall Company hold any right, title or interest over the products nor shall the Company, have any obligations or liabilities in respect of any dispute between the seller and the buyer. Company is not responsible for any unsatisfactory or delayed performance of Services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
SHIPPING AND DELIVERY: Every order has a defined delivery time frame and it is Our endeavour that Your order reaches You in good time. Delivery of the product/services will be confirmed via email which will be sent to the email id provided by You during purchase of the product;
Our delivery partners attempt to deliver the package to You at the earliest possible. If they are unable to reach Your shipping address, You will be contacted to resolve the issue. For any issues regarding our products or services, You may contact us with our customer support team, whose details are given on the Website.
Company or its holding, subsidiary companies, affiliates are not liable for any delay in delivery by the courier company/postal authorities;
Website and/or the Company shall not be responsible for any damage to the product and/or order shipped by the courier company;
The complete shipping details of the order, along with the tracking details of the courier service will be sent to You via email, when the order is shipped.
Order(s) can be cancelled till the time they have been dispatched from Our warehouse.
Cancellation for orders can be made by going to ‘My Orders’ on the Website, clicking on the order and then hitting the cancel order. Please specify the reason for cancellation;
In case of a prepaid order, the amount will be refunded back to the account from which the payment was made. Any amount paid will be credited to the same payment mode which was used for making the payment;
In the event, the mode of selected mode of cancellation is “cash on delivery”, no amount is required to be refunded. In case of prepaid payment modes like credit card/debit card/net banking/ wallet (Amazon, PayTM), the customer will get the refund for the order at the source account within 7-10 working days from the date of cancellation.
RETURN & REFUND POLICY
We accept return/replacement of Products ordered on the Website within 7 days of delivery of the order unless otherwise mentioned in the product details;
Products such as Shaving, Grooming, Inner Wear and selected accessories and such products as specified in the product description are “Non-Returnable;
All items to be returned or exchanged must be unused and in their original condition with all original tags and packaging intact (for e.g. shoes must be packed in the original shoe box with all the tags and labels attached.)
To return/exchange Your order, please follow the following steps.
Login to Your account;
- Go to My Orders;
- Select the Items that you want to return;
- Click on “Return”
- Fill in the appropriate reason for return;
- You will receive a return confirmation via email;
- You will get a refund once Your order is picked up & checked for quality subject to applicable exceptions;
- We send the return pick-up request to Our Logistics partners as soon as We receive the return request from You;
- Our Logistics partner will pick up the product/s within 3-4 days of receiving the request.
- Our Logistics Partner shall make three attempts to pick up the Product/s. If the item is not picked up in the third attempt, the return request shall be considered complete at our end. In that scenario, You can raise a fresh Return request in case You are eligible under the time frame.
- Please keep the shipment ready as detailed above and ensure that You return all items for which the request was raised. If You fail to do so, the return option may not be available to You in the future, the discretion of which shall lie completely with the Company.
- If You receive a message that ‘Pickup service is not available’, We request You to send the product to Our warehouse using a courier company available in Your location. Please ensure that the products are in unused condition with their original packaging and tags intact. Also, please ensure that you insert the “Return Slip” which is a part of the invoice along with the product that is shipped. In the absence of the Return Slip in the courier, We will not be able to process the refund. After sending the shipment, please upload the shipment details through the ‘My Returns’ functionality on Our Website;
- You will see a message ‘Self-ship details pending’ for returns where You are yet to submit the shipment details. Please note it is mandatory to submit the self-ship details to get a refund for the returned item. Once We receive the returned items in Our warehouse, We will refund the amount of the items and also the amount that You spent on sending the item to our warehouse.
- When You get to see the message ‘Pickup service is not available’ message, please send the product/s to Our warehouse address mentioned in the return slip.
Refund policy for the returned item:
- In cases where the returned product have been accepted by the Company, We will endeavor to process Your refunds within 7-10 business days from the date the returned product reaches our warehouse;
- The refund is subject to the transaction and processing time taken by the bank;
- In case of any refund discrepancies, We may ask for necessary documents such as your bank statement;
- We understand that in some scenarios, the product may take more than 7 (seven) days to reach Our warehouse. In such a scenario, the timelines for refund may vary. You will be duly informed about the status of the refund;
- We may refuse a refund request if We find evidence of fraud, refund abuse or other similar instances;
- If You have paid for the order using a bank account/credit card/debit card, then the refunded amount gets credited to Your bank account/credit card/debit card.;
- If You have paid for the order using Cash on Delivery option, then the requisite amount shall be refunded to your registered bank account.
BILLING AND PAYMENTS:
You may purchase the products offered on the Website using the credit card or any other payment method accepted by the Company and that You provided during registration (“Payment Method”). If You want to use a different Payment Method than the one You signed up for during registration, or if there is a change in Your credit card validity or expiration date, You may edit your Payment Method information by clicking on Your account. If Your Payment Method expires and You do not edit Your Payment Method information or cancel Your account, You authorize Us to continue billing, and You will remain responsible for any uncollected amounts;
You are liable to honor the payment obligations to which You have agreed. The Company reserves the right to recover the outstanding amounts if You fail to pay the same. You will remain liable to the Company for all such amounts and all costs incurred by the Company in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys´ fees, and arbitration or court costs;
You also understand and acknowledge that the Company only facilitates the third party payment gateway for processing of payment. This facility is managed by the third party payment gateway provider and You are required to follow all the terms and conditions of such third party payment gateway provider. You are responsible for the accuracy and authenticity of the information provided by You, including the bank account number/credit card details and the like. You agree and acknowledge that the Company shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud;
You can file a complaint related to payment transfer at Website and the same shall be forwarded to the concerned third party payment gateway provider for redressal;
LINKS TO OTHER SITES
The Company is not responsible for the content or practices of any other website even if it links to the Website and even if the Website is operated by a company affiliated or otherwise connected with the Company. You acknowledge and agree that the Company is not responsible or liable to You for any content or other materials hosted and served from any website other than the Website.
Part of the Website or the Services may contain advertising information or promotion material or other material submitted to the Company by third parties. Responsibility for ensuring that material submitted for inclusion on the Website complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of advertisers 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. Before relying on any advertising material, You should independently verify its relevance for Your purpose, and should obtain appropriate professional advice. The Company shall not be responsible nor liable for any loss or claim that You may have against an advertiser or any consequential damages arising on account of Your relying on the contents of the advertisement.
COLLECTION AND USE OF PERSONAL INFORMATION
Impersonate or misrepresent your affiliation with any person or entity;
Encourage or enable any other individual to do any of the foregoing;
In addition, You are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on the Content in any way, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by the Company in writing. This prohibition applies even if you intend to give away the derivative materials free of charge;
The Website may permit You to post user submissions including but not limited to reviews of Content available through the Services, comments on such Content etc. You understand that these User Submissions, once posted by You, are visible to all members since it is a public forum;
More specifically, when You review / rate any Content available on the Services (as per functionality made available on the Website), You give the Company express rights and consent to display Your rating / review in relation to the relevant Content on the Website, including making it available to other members for viewing. If You do not want your User Submissions / reviews / ratings to be shared in a public forum, do not use these features.
These features may change without notice to You and the degrees of associated information sharing and functionality may also change without notice;
The Company is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication You may send to Us (“User Feedback”), including responses to questionnaires or through postings to the Services / the Website and User Submissions, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Services. By posting / submitting any User Feedback / User Submission on the Website, You grant the Company a perpetual, worldwide, non-exclusive, royalty-free irrevocable, sub-licensable license and right in such User Feedback / User Submission to the Company, including the right to display, use, reproduce or modify the User Feedback / User Submission in any media, software or technology of any kind now existing or developed in the future;
Operators of public search engines have the permission to use functionalities like spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases, in our sole discretion. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to its User Submissions;
You shall be financially responsible for Your use of the Services (as well as for use of Your account by others, including without limitation minors who use You account). You undertake to supervise and be responsible for all usage of minors and access of the Website under Your name or account and absolve the Company from any liability on this account. You also warrant that all information supplied by You or members of Your family for using the Services and accessing the Website, including without limitation Your name, email address, street address, telephone number, mobile number, credit card number is correct and accurate. Failure to provide accurate information may subject You to civil and criminal penalties;
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Website or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services;
You agree that the Company may directly or through third party service providers send information to You about the various services offered by the Company from time to time;
You agree that Company will have the right to investigate and take all appropriate legal action to prevent, stop or deter violations of any of the above, including infringement of intellectual property rights and Website and Services security issues. Company may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms or the rights of any third party.
You acknowledge that Company has no obligation to monitor Your access to or use of the Website, Services or Company Content or to review or edit any User Submissions or Third Party Materials, but has the right to do so for the purpose of operating the Website and Services, to ensure Your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Company reserves the right, at any time and without prior notice, to remove or disable access to any Company Content, Third Party Materials, and any User Submissions, that Company, in its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Website or Services.
You agree not to host, display, upload, modify, publish, transmit, update or share any information or User Submissions which:
belongs to another person and to which the User does not have any right to;
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 whatever;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
contain misleading information regarding the origin of the Content; or
otherwise contains objectionable content;
You understand and agree that the Company may, but is not obligated to, review the User Submissions and may delete or remove it (without notice) in its sole and absolute discretion, for any reason or without assigning any reason;
TERMINATION OF ACCOUNT, SUSPENSION OR DISCONTINUATION OF THE SERVICE
The Company reserves the right to change, suspend, or discontinue temporarily or permanently, some or all of the Services (including the Content and the devices through which the Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that the Company may do so in its sole discretion. You also agree that the Company will not be liable to You for any modification, suspension, or discontinuance of the Services. However, if the Company terminates your account or suspends or discontinues your access to the Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.
DISCLAIMER OF WARRANTIES AND LIABILITY:
You understand and agree that the Company provides the Services on ´as-is´ ´with all faults´ and ´as available´ basis. You agree that use of the Website or the Services is at your risk. All warranties including without limitation, the implied warranties of merchantability, fitness for a particular purpose, for the title and non-infringement are disclaimed and excluded;
No representations, warranties or guarantees whatsoever are made by the Company as to the (a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation; (b) that the service will be uninterrupted, timely, secure, or error-free; (c) the quality of any services, content, information, or other material on the website will meet your expectations or requirements; (d) any errors in the Website will be corrected; (e) warranties against infringement of any third party intellectual property or proprietary rights; or (f) other warranties relating to performance, non-performance, or other acts or omissions of the Company, its officers, directors, employees, affiliates, agents, licensors, or suppliers;
The Company does not warrant that any of the software used and or licensed in connection with the Services will be compatible with other third party software or devices nor does it warrant that operation of the Services and the associated software will not damage or disrupt other software or hardware;
The Company, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages arising out of or in any way connected with the use of Website or the Services, whether based in contract, tort, strict liability, or other theory, even if the Company have been advised of the possibility of damages;
In the event any exclusion contained herein be held to be invalid for any reason and the Company or any of its affiliate entities, officers, directors or employees become liable for loss or damage, then, any such liability of the Company or any of its affiliate entities, officers, directors or employees shall be limited to not exceeding INR 100.
You agree to indemnify, defend and hold harmless, the Company, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) from and against any losses, claims, damages, liabilities, including legal fees and expenses, arising out of:
any claim due to or arising out of your violation of these Terms, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder;
your use or misuse of or access to the Website or the Services;
your violation of any law, regulation or third party right, including without limitation any copyright, property, or privacy right; or
any claim that you have caused damage to a third party;
The Company reserves the right, at its own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by You, and You agree to cooperate with the Company´s defence of these claims;
GRIEVANCE REDRESSAL MACHANISM
Redressal Mechanism: Any complaints or concerns with regards to content and or comment or breach of these Terms shall be taken up with the designated Grievance Officer as mentioned below via in writing or through email [email protected] signed with the electronic signature addressed to:
Grievance Officer (Bmart Store)
Covosa Big B Mart Pvt. Ltd.
Metroplex East, Swasthya Vihar, New Delhi – 110092, India
Notice of Copyright Infringement: Our policy is to comply with all Intellectual Property Laws and to act expeditiously upon receiving any notice of claimed infringement. If You believe that any work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information. A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint. Identification of the copyrighted work claimed to have been infringed. Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity. The address, telephone number or e-mail address of the complaining party. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law. A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
General Terms: Relationship: None of the provisions of the Terms shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner, whatsoever. This agreement is solely for your and the Company’s benefit and not for the benefit of any other person, except for permitted successors and assigns under this Agreement;
Assignment: You may not transfer to anyone else, either temporarily or permanently, any rights to use the Services or any part of the Services. Any attempt by you to do so is void. The Company may assign, transfer, delegate and/or grant all or any part of its rights, privileges and properties hereunder to any person or entity;
Force Majeure: Neither Party shall have any liability for any interruption or delay, to access the Website due to Force Majeure Event. For the purposes of this clause, ´Force Majeure Event´ means any event or circumstance or combination of events and circumstances which is reasonably beyond the control of the party affected thereby and which causes or results in default or delay in performance by such affected party of any of its obligations under this agreement and includes an act of God, war, hostilities, civil commotion, strikes, lockouts and other industrial disputes;
Applicable Law: These Terms are governed by and construed in accordance with, the laws of India without giving effect to principles of conflict of law. In the event of any dispute or claim by you against the Company, you agree to submit to the exclusive jurisdiction of courts at New Delhi.
You and the Company agree that any cause of action arising out of or related to use of the Website or the Services must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.
Survival: Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination.
Non Waiver: Any express waiver or failure to exercise promptly any right under this agreement will not create a continuing waiver or any expectation of non-enforcement.
Entire Agreement: These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Copyright Notice: Copyright 2021 Covosa Big B Mart Pvt. Ltd. All rights reserved.