BULBULSHOP SHOPPING NETWORK PRIVATE LIMITED

Terms of Use

Effective Date - 1st March, 2019

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.

THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF THE PLATFORM.

Hello and welcome to the Terms of Use (“Terms”) of Bulbulshop Shopping Network Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at 5th Floor, Plot 44, Sector 44, Gurugram, Haryana - 122022 (“Bulbulshop”, “We”, ”Us”, or “Our”). Bulbulshop is an online market place for indigenous Indian sellers to make their products available online to be viewed by the Users and purchased by the Registered Users (“Service”). The Service is not made available on a browser environment and will have to be installed as a standalone mobile applications.

By accessing or using the website available at www.bulbul.tv and any subdomains (“Website”) and the Bulbulshop mobile application available on Android and iOS (“Application”) You agree to be bound by these Terms. Your agreement with us includes these Terms and the Privacy Policy available at www.bulbul.tv/privacy (collectively “Agreement”). 

The Website and Application are collectively referred to as “Platform”.

The expressions “You” “Your” or “User(s)” refers to any person who accesses or uses the Platform for any purpose.

IF YOU DO NOT AGREE WITH THESE TERMS, THEN PLEASE REFRAIN FROM USING THE PLATFORM. BY ACCESSING OR USING THE PLATFORM, YOU IRREVOCABLY ACCEPT THE AGREEMENT AND AGREE TO ABIDE BY THE SAME (AS UPDATED FROM TIME TO TIME).

1. USER(S) ELIGIBILITY

User(s) represent and warrant that they have the right to access or use the Platform. The Platform can only be availed by those individuals or business entities, including sole proprietorship firms, companies and partnerships, which 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 minors, un-discharged insolvents etc. are not eligible to use the Platform. 

As such, natural persons below 18 years of age shall not register as a Member on the Platform and shall not transact on or use the Platform. If the User is a minor and wishes to use or transact on the Platform, such use or transaction may be made by the User’s legal guardian or parents on the Platform.

Bulbulshop reserves the right to terminate a User’s membership and / or refuse to provide User with access to the Platform if it is brought to Bulbulshop’s notice or if it is discovered that the User is under the age of 18 years.

2. GENERAL DISCLAIMERS

1. By use of the Platform, You agree that You meet with the Eligibility Criteria as detailed in Clause 1 (above) and that You are fully able and competent to understand and accept this Agreement as a binding contract and to abide by these Terms.

2. You agree that You shall not access the Platform by any other means other than through the interfaces that are provided by Bulbulshop.

3. You shall not acquire, copy, or monitor any portion of the Platform in any way to reproduce or circumvent the navigational structure or presentation of the Platform, to obtain or attempt to obtain any materials, documents, or information through any means not specifically made available through the Platform.

4. You shall not falsify or delete any author attributions, legal or other notices, proprietary designations, labels of the origin or source of software, or other material on the Platform.

5. You shall not host, display, upload, modify, publish, or share any information on the Platform that:

1.    belongs to another person to which You do not have any right to; or

2.  is grossly harmful, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, racially objectionable, disparaging, relating to encouraging money laundering or gambling or otherwise unlawful in any manner; or

3.   engages in any activity that interferes with or disrupts access to the Platform or Bulbulshop servers/networks.

6. Bulbulshop shall not be liable for any misuse of the Personal Information shared by You with Us; or through Your profile; or with a third party on the Platform, chat rooms, forums, or comments.

USER(S) ACKNOWLEDGE AND AGREE THAT Bulbulshop IS NOT AN ARBITER OR JUDGE OF DISPUTES CONCERNING INTELLECTUAL PROPERTY RIGHTS AND AS SUCH CANNOT VERIFY THAT ANY REGISTERED SELLER SELLING OR SUPPLYING MERCHANDISE OR PROVIDING SERVICES ON THE PLATFORM HAVE THE RIGHT TO SELL THE MERCHANDISE OR PROVIDE THE SERVICES OFFERED BY SUCH SELLER (“SELLER”). Bulbulshop ENCOURAGES USER(S) TO ASSIST Bulbulshop IN IDENTIFYING LISTINGS ON THE PLATFFORM WHICH IN THE USER(S) KNOWLEDGE OR BELIEF INFRINGE THEIR RIGHTS. USER(S) FURTHER ACKNOWLEDGE AND AGREE BY TAKING DOWN A LISTING, Bulbulshop DOES NOT AND CANNOT BE DEEMED TO BE ENDORSING A CLAIM OF INFRINGEMENT AND FURTHER THAT IN THOSE INSTANCES IN WHICH Bulbulshop DECLINES TO TAKE DOWN A LISTING, Bulbulshop DOES NOT AND CANNOT BE DEEMED TO BE ENDORSING THAT THE LISTING IS NOT INFRINGING OF THIRD PARTY RIGHTS OR ENDORSING ANY SALE OR SUPPLY OF MERCHANDISE OR SERVICES PURSUANT TO OR ON ACCOUNT OF SUCH LISTING.

Bulbulshop RESERVES THE RIGHT IN ITS SOLE DISCRETION TO REMOVE ANY MATERIAL/CONTENT/PHOTOS/OFFERS DISPLAYED ON THE PLATFORM WHICH IN Bulbulshop’S REASONABLE BELIEF IS UNLAWFUL OR COULD SUBJECT Bulbulshop TO LIABILITY OR IS IN VIOLATION OF THESE TERMS OR IS OTHERWISE FOUND INAPPROPRIATE IN Bulbulshop’S OPINION. Bulbulshop RESERVES THE RIGHT TO COOPERATE FULLY WITH GOVERNMENTAL AUTHORITIES, PRIVATE INVESTIGATORS AND/OR INJURED THIRD PARTIES IN THE INVESTIGATION OF ANY SUSPECTED CRIMINAL OR CIVIL WRONGDOING.

 
IN CONNECTION WITH ANY OF THE FOREGOING, Bulbulshop RESERVES THE RIGHT TO SUSPEND OR TERMINATE THE ACCOUNT OF A MEMBER OR ANY USER(S) AS DEEMED APPROPRIATE BY Bulbulshop AT ITS SOLE DISCRETION. USER(S) AGREE THAT Bulbulshop SHALL HAVE NO LIABILITY TO ANY USER(S), INCLUDING LIABILITY IN RESPECT OF CONSEQUENTIAL OR ANY OTHER DAMAGES, IN THE EVENT Bulbulshop TAKES ANY OF THE ACTIONS MENTIONED IN THIS PROVISION.

USER(S) UNDERSTAND AND AGREE THAT THE PLATFORM ACTS AS A CONTENT INTEGRATOR AND IS NOT RESPONSIBLE FOR THE INFORMATION PROVIDED BY SELLERS OR DISPLAYED ON THE PLATFORM. Bulbulshop DOES NOT HAVE ANY ROLE IN DEVELOPING THE CONTENT DISPLAYED ON THE PLATFORM.

3. AMENDMENT TO THE TERMS

Bulbul TV reserves the right to change, modify, amend, or update these Terms and/ or the Agreement from time to time and such amended provisions of these Terms and/ or the Agreement shall be effective immediately upon being posted on the Platform. If You do not agree to such provisions, You must stop using the Platform with immediate effect. Your continued use of the Platform will be deemed to signify Your acceptance of the amended provisions of these Terms and/ or the Agreement.

4. INTELLECTUAL PROPERTY RIGHTS

Bulbulshop is the sole owner and the lawful licensee of all the rights in and to the Platform and the design, layout, text, images, graphics, sound, video etc. of or made available on the Platform (“Content”). The Content may include trade secrets and other intellectual property rights protected under worldwide copyright and other applicable laws pertaining to intellectual property. All title, interest, ownership and intellectual property rights in the Platform and the Content shall remain in Bulbulshop, its affiliates or licensor’s of the relevant Content, as the case may be.

All rights, not otherwise claimed under these Terms by Bulbulshop are hereby reserved.

Any information or advertisements contained on, distributed through, or linked, downloaded or accessed from the Platform or any offer displayed on the Platform (“Information”) is intended, solely to provide general information for the personal use of the User(s), who fully accept any and all responsibility and liabilities arising from and out of the use of such Information. Bulbulshop does not represent, warrant or endorse in any manner the accuracy or reliability of such Information, or the quality of any products and/or services obtained by the User(s) as a result of any such Information.

The Information is provided “as is” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the Information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing contained in these Terms shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s).

In no event shall Bulbulshop be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the User(s) use of such product/ service.  

• Trademark 
  “Bulbulshop” and related icons and logos whether registered or unregistered are the trademarks of Bulbulshop and are protected under applicable copyright, trademark and other proprietary and intellectual property laws. The unauthorized adoption copying, modification, use or publication of these marks is strictly prohibited.

• Copyright
  All Content including Information is copyrighted to Bulbulshop excluding any third-party content and any links to any third-party websites being made available or contained on the Platform. User(s) may not use any trademark, service mark or logo of any independent third parties without prior written approval from such parties.

5. LINKS TO THIRD PARTY SITES

Links to third party sites are provided on Platform as a convenience to User(s). User(s) acknowledge and agree that Bulbulshop does not have any control over the content of such websites and/ or any information, resources or materials provided therein.

Bulbulshop may allow User(s) access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to the websites offered by such third parties (“Third Party Websites”). Bulbulshop advises its User(s) to read the terms and conditions of use and/or privacy policies applicable in respect of such Third Party Websites prior to using or accessing such Third Party Websites. Users acknowledge and agree that Bulbulshop has no control over any content offered on Third Party Websites, does not monitor such Third Party Websites, and shall in no manner be deemed to be liable or responsible to any person for such Third Party Sites, or any content, products or services made available thereof. 

6. MEMBER 

To become a member of the Platform, the User needs to follow the registration procedure made available on the Platform.

On completing the forms and providing information as requested by Bulbulshop, Bulbulshop will establish an account for the Member and will assign a User ID and password for log-in access to the Member account. The Member account shall be governed by these Terms and the Member Terms of Use.

7.  TERM AND TERMINATION

Term: This Agreement is valid until further notice.

Bulbulshop may at its sole discretion and without prior notice, suspend/freeze/terminate the User’s access to the Platform if he/she violates or attempts to violate the security of the Platform including, without limitation:

1. accessing data not intended for  the User or logging on to a server or Member account the User is not authorised to use; or
2. attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without authentication; or
3. accessing or using the Platform without authorisation, in violation of these Terms or in violation of applicable law.

VIOLATIONS OF SYSTEM OR NETWORK SECURITY MAY RESULT IN CIVIL OR CRIMINAL LIABILITY. Bulbulshop WILL INVESTIGATE OCCURRENCES THAT MAY INVOLVE SUCH VIOLATIONS AND COOPERATE WITH LAW ENFORCEMENT AUTHORITIES IN PROSECUTING USERS WHO ARE INVOLVED IN SUCH VIOLATIONS. YOU AGREE NOT TO USE ANY DEVICE, SOFTWARE, OR ROUTINE TO INTERFERE OR ATTEMPT TO INTERFERE WITH THE PROPER WORKING OF THIS PLATFORM OR ANY ACTIVITY BEING CONDUCTED ON THIS PLATFORM.

8. NO GUARANTEES

Among other things, Bulbulshop does not guarantee that:

1. The Platform will meet the User’s expectations; or
2. The Platform will be accessible without interruption or in a timely, reliable, or fault-free manner; or
3. The results obtained through use of the Platform will be correct and reliable; or
4. The quality of the products, services, information, or other material purchased or obtained by the User through the Platform will meet the User’s expectations.

The User shall be solely responsible for damages to his or her data system or for loss of data arising from download of content from the Platform.

No guidance or information, written or oral, obtained from Bulbulshop or via the Platform, shall constitute any warranty, which has not specifically been stated in these Terms.

9. LIMITATION OF LIABILITY 

User specifically acknowledges and agrees that in no event shall Bulbulshop be liable for any direct or indirect damages, including but not limited to, delay, damages caused by unused opportunity on the Platform, loss of profits, goodwill, data, or other financial loss arising out of:

1. the use of the Platform or inability to use the Platform; or
2. costs arising from acquiring a replacement of any product or service that is based on any item, data, information, or service purchased through the Platform; or
3. from any message received through the Platform; or
4. any transactions made by means of the Platform; or
5. third party claims against the User; or
6. unlawful access to or modifications of data transmissions; or
7. any other circumstances related to the Platform.

Bulbulshop exempts itself from any claims for damages relating to the Platform access, function, quality, possible errors such as spelling errors, bugs, and other factors relating to the Platform.

Bulbulshop shall not be liable for any indirect or unforeseeable damages caused to the Users under any given circumstances.

10. FORCE MAJEURE

Bulbulshop shall not be liable for any damages whatsoever arising out of force majeure or other similar circumstances, directly or indirectly affecting Bulbulshop and/ or the Platform. Examples of force majeure events are real or potential labour disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network. Force majeure or other events beyond Bulbulshop’s control hindering, delaying or complicating the maintenance of the Platform entitles Bulbulshop to suspend or limit the Platform until further notice.

11. INDEMNITY

The Users shall indemnify, defend, and hold harmless Bulbulshop and its affiliates, if any, from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs, and expenses (including legal and statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Bulbulshop that arise out of, result from, or in connection with:

1. the User’s breach of these Terms;
2. any claims made by any third party due to, or arising out of, or in connection with User’s use of Platform;
3. the User’s violation of any rights of another, including intellectual property rights; and
4. the User’s violation of any applicable laws.

7. Notwithstanding anything to the contrary in these Terms, in no event shall Bulbulshop and its affiliates, if any, be liable to the User or anyone claiming through the User in respect of any subject matter of these Terms under contract, negligence, strict liability or other legal or equitable theory for any special, incidental, indirect, consequential, exemplary or punitive damages, loss of goodwill, loss of revenue, loss of opportunity, loss of anticipated profits, whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Bulbulshop has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty or negligence or any other claim arising out of or in connection with the use of or access of the Platform.

12. APPLICABLE LAW AND JURISDICTION

These Terms shall be governed by the laws of India.

You agree that Bulbulshop is solely based in India, and nothing shall give rise to personal jurisdiction over Bulbulshop in jurisdictions other than New Delhi, India and You shall not raise any claims against Bulbulshop in any court or forum in any jurisdiction other than New Delhi, India.

Any claim or dispute between the User and Bulbulshop will be entertained and tried solely and exclusively by a court of competent jurisdiction located in New Delhi, India and no other place whatsoever.

13. NOTICES
    
    All notices or demands to or upon Bulbulshop shall be effective if in writing and shall be deemed to be duly made when sent to Bulbulshop Shopping Network Private Limited, ABL Workspaces, 5th Floor, Plot 44, Sector 44, Gurugram, Haryana - 122022. 

All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User(s) on the Platform, or by posting such notice or demand on an area of the Platform that is publicly accessible. 

Notice to a User(s) shall be deemed to be received by such User(s) if and when the Platform is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon Platform’s posting such notice on an area of the Platform that is publicly accessible.

14. SEVERABILITY

If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that portion shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision. The remainder of the Terms shall continue in full force and effect.

15. WAIVER

No provision of the Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Bulbulshop. Any consent by Bulbulshop to, or a waiver by Bulbulshop of any breach by the User, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

16. MISCELLANEOUS

8. Headings for any section of the Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

9. Bulbulshop shall have the right to assign its obligations and duties in this Agreement to any person or entity.

10. All calls to Bulbulshop are completely confidential. However, Your call may be recorded to ensure quality of service. Further, for training purpose and to ensure excellent customer service, calls from Bulbulshop may be monitored and recorded.

11. Gaurav Kumar is the designated Grievance Officer in respect of the Platform. Any complaints or concerns with regards to any content on the Platform or any breach of this Agreement or Privacy Policy can be directed to the designated Grievance Officer in writing at Bulbulshop Shopping Network Private Limited, ABL Workspaces, 5th Floor, Plot 44, Sector 44, Gurugram, Haryana - 122022 or through an email signed with the electronic signature sent to [email protected]