Terms & Conditions
These terms and conditions are binding for all users including buyers & sellers to the extent applicable, directly or indirectly.
(a) In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
(c) The domain name www.Buynuse.com (hereinafter referred to as "Website") is owned by Aarya Technovation India Private Limited (hereinafter referred to as “Company”), having registered address at Cyber view, Near Mind Space, Gachibowli, Hyderabad, Telangana, India.
(e) For the purpose of these Terms of Service, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a member on the Website by providing Registration Data while registering on the Website. The site also providing its services without registration does not absolve you of this contractual relationship. The term "We", "Us", "Our" shall mean Aarya Technovation India Private Limited or Buynuse.
(f) The use of this website or mobile application by you is solely governed by this policy and any policy so mentioned by terms of reference. Moving past home page, or using any of the services shall be taken to mean that you have read and agreed to all of the policies so binding in You and that You are contracting with the Company and have undertaken binding obligations with the Company.
(g) You will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this site, and they shall be deemed to be incorporated into this Terms of Service and shall be considered as part and parcel of this Terms of Service.
(h) We hold the sole right to modify the Terms of Service without prior permission from you or informing you. The relationship creates on you a duty to periodically check the terms and stay updated on its requirements.
(i) If you continue to use the website following such a change, it is deemed as consent by you to the so amended policies. As long as you comply with these Terms of Service, We grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
(k) Aarya Technovation India Private Limited or Buynuse is an intermediary in the form of an online marketplace and is limited to managing the Website to enable seller to exhibit, advertise, display, make available and offer to sell the products and to enable buyer to purchase the products so offered ("Products"), and other incidental Services thereto ("Services") including use of the Website by any User.
Aarya Technovation India Private Limited or Buynuse is an internet enabled electronic platform in the form of an electronic marketplace and an intermediary that
(a) provides a platform for Users (who are sellers) to advertise, exhibit, make available and offer to sell various Products to other Users (who are buyers / customers), and
(b) a platform for such other Users to accept the offer to sell of the Products made by the sellers on the Website and to make payments to the sellers for purchase of the Products, and
(c) services to facilitate the engagement of buyers and sellers to commerce on the Website, and
(d) such other services as are incidental and ancillary thereto. The Services are offered to the Users through various modes which may include issue of coupons and vouchers that can be redeemed for various Products.
3. ELIGIBILITY TO USE
(a) 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 minors, un-discharged insolvents etc. are not eligible to use the Website.
(b) If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Buynuse website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website.
(c) Buynuse reserves the right to terminate your membership and / or refuse to provide You with access to the Website if it is brought to Buynuse notice or if it is discovered that You are under the age of 18 years.
4. USER ACCOUNT, PASSWORD & SECURITY
As between you and others, your account belongs to you. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account and (4) follow the law. You are responsible for anything that happens through your account unless you close it or report misuse.
(a) You may access and use the Website and the Services either as a registered user or as a guest user. However, not all sections of the Website and Services will be accessible to guest users.
(b) Registered users: Buynuse makes certain sections of the Services available to you through the Website only if you have provided Buynuse certain required User information and created an account and a Buynuse ID through certain log-in ID and password ("Account"). You can create Your Account on the Website through logging in by Your third party website user ID and password including that of www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, twitter or any other social media website or any other Internet service as permitted on the Website (Buynuse ID and/or other third party login identification as provided above are individually and collectively referred to the "Account Information"). In the event You register as a User by creating an Account in order to avail of the Services provided by the Website, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account as only registered customer or registered business user (who is given authorization) is authorized to login on the portal and its completely user responsibility regarding the authorized personnel actions. You agree to
(a) Immediately notify Buynuse of any unauthorized use of Your Account Information or any other breach of security, and
(b) Ensure that you exit from Your Account at the end of each session.
Buynuse cannot and will not be liable for any loss or damage arising from your failure to comply with this section. You may be held liable for losses incurred by Buynuse or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of your failure in keeping Your Account Information secure and confidential.
You shall ensure that the Account Information provided by you in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
If Buynuse has suspicion or knowledge, that any of its buyers and sellers are involved in any activity that is intended to provide claims or information that is false, defamatory of Buynuse or its alliances, misleading or not genuine, then Buynuse may while reserving its rights to initiate civil and/or criminal proceedings against User may also at its sole discretion suspend, block, restrict, cancel the Display Name of such buyer and seller and /or disqualify that User and any related Users.
Buynuse reserves its right to initiate civil and/or criminal proceedings against a User who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Buynuse may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that User and any related Users. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
(c) Guest users: The Website also allows limited access to the Services for unregistered Users (also called as 'guest users'). Such users will be able to browse the Website and use the Services for the purpose of purchasing goods, and placing orders. However, you will not be provided with access to certain benefits reserved only for the purpose of registered users. These benefits may change from time to time.
(e) Social Log in
• Social sign up through other portals such as facebook, twitter, linkedin, pinterest, instagram etc. is complete user responsibility. After the social login buynuse also ask user to create a password and it will govern the same password policy as sign up.
• You agree that Buynuse will have access to the data which is not limited to your information, name, email, posts, location, likes, pages, music, followers, location, boards etc. We have the right to display it in a manner we deem to. We follow the best practices to keep the user information as secure as we can but at the same time we bear no liability or responsibility of such information credibility and storage.
• We do ask for ID verification and may use required API access or third party to verify such information. You have given us complete right to do so and we bear no liability or responsibility regarding anything for the same.
• You will be completely responsible for your personal photos and will be governed by our photos policy.
• You agree to our blog policy.
• You and only you should be able to review the products and paste the true review of your experience. It should always follow our review policy and no profanity should be used.
• Location will always be attached to your products posted by you so whatever is your latest address will be attached to the products and you will not be able to change the address of your old products.
• We reserve the right to change any badge, design and anything with respect to site at any time without any notice.
5. COMMUNICATION :
(a) By using this website, it is deemed that you have consented to receiving calls, autodialed and/or pre-recorded message calls, e-mails, sms or any other electronic communications from us at any time with the use of the mobile number, telephone number and e-mail address that has been provided by you for the use of this website. This includes contacting you through information received through other parties. The use of this website is also your consent to receive SMSs from us at any time we deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls.
(b) You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.
(e) We have full right to make any changes, reserve the site for downtime or make any functional and design modification at any point of time and we will be able to do any of this without any notice and are not at all liable for anything
6. PLATFORM FOR TRANSACTION AND COMMUNICATION
The Website is a platform that Users utilize to meet and interact with one another for their transactions. Buynuse is not and cannot be a party to or control in any manner any transaction between the Website's Users. Henceforward:
a) All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, 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. Buynuse 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.
b) Buynuse 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. Buynuse does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website.
c) Buynuse is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Buynuse cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. Buynuse shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
d) Buynuse 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 particulars that you choose to deal with on the Website and use your best judgment in that behalf.
e) Buynuse does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
f) At no time shall Buynuse hold any right, title or interest over the products nor shall Buynuse have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers.
g) The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Buynuse is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall Buynuse hold any right, title or interest over the products nor shall Buynuse have any obligations or liabilities in respect of such contract.
h) You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that you transact with.
i) You release and indemnify Buynuse and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Buynuse cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there could be risks in dealing with underage persons or people acting under false pretense.
j) PRODUCTS: You can only post products owned by you and you should be the rightful owner of the products. User is authorized to sell the products only for declaration / authorization as applicable. However, Buynuse bear no responsibility regarding authenticity of your authorization to sell these products and complete liability lies in to you only as an individual or business. You should post the products with as much information as you have and should upload the right documents and pictures of the products. Stamps and badges are given only for the branding purpose of your products and should be used to honestly portray the condition and category of your products. Buynuse bear no responsibility regarding credibility or right user usage of the badges and stamps and Buynuse further have full right to change any design we feel right without any notice. B Buynuse also bear full right to approve, disapprove or delete any products at any point of time for whatsoever reason we deem important.
k) GROUPS OR COMMUNITIES: Groups or communities are created by users and we bear no responsibility of credibility of any group unless we have given it an official seal or verified group. Every group will have their own terms and conditions and users accessing groups in any manner should be in line with the group’s terms and condition and also overall the company terms and conditions. Admin and change of admin is completely user’s responsibility. Buynuse has full right to show suggested communities or any things such as advertisement on any page of the website we want.
l) EVENTS: User is completely responsible for the events and the information. We are no way involved in conducting events. User may give us permission to sync your events calendar with Google or any other calendar which we may deem so.
m) FEED: Feed sharing is complete your responsibility and it is an added advantage to boost your products. There is no such guarantee or warranty of the timeline so please share the products at your own risk. We may showcase any advertisement or anything such as suggested products, communities etc. and we have full right to do so. We keep the data secure but in the end it is your responsibility to keep the data secure.
n) Inbox: We showcase send and received sms history only for the record purpose. But we cannot guarantee any data that is 3 months old. We showcase your email history only for the reference purpose and we cannot guarantee any data that is 3 months old. Above all you agree to always respect other person privacy and do not spam or send inappropriate email other than the main purpose. Any issues arising because of email and sms will completely be user’s responsibility and we have no liability of any kind.
o) Friends: You are completely responsible for managing, deleting and sending invite for friends and followers. We may show suggested friends, followers, products, advertisement etc. but it is again for reference purpose and hold no liability of any kind. We may use any social network and you agree that we can showcase the information we get from any social board such as Twitter – followers, sharing, Pinterest – sharing on boards, Linkedin – login, sharing, Facebook – login, friends, information, name and email, Google – name and email, login and any other social network we deem fine.
p) Paid Advertisement: Advertisements will be shown to a particular customer with right demographics and keywords opted. We try our best to give you the best experience but we at the same time do not guarantee any service and are free from any liability of any kind. Any payments made for advertising products, banners etc. are completely nonrefundable and above all we are free of any kind of liability regarding any such services. We only try to give the best experience and if anytime we may discontinue a service then and such amount is not liable for refund.
7. USAGE CHARGES
a) Buynuse may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Buynuse reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be.
b) You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/debit card or pre-paid instrument account.
c) All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
d) All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
f) Buynuse may have existing arrangements with its banks, regarding limits on the amounts you can pay (if you are a buyer) or receive (if you are a seller) in the course of a single transaction. Buynuse will work towards ensuring that you are made aware of such limits if they may be applicable to you. However, Buynuse shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of You/cardholder having exceeded the preset limit mutually agreed by Buynuse with its bank from time to time.
g) For Your making payments for buying the Products on the Website, in addition to the Agreement(s), the terms and conditions of your bank, applicable financial institution and/or card issuing association may also be applicable to you. Your bank, financial institution or card issuing association may decline or prevent you from making electronic payments for buying the Products on Website and Buynuse does not control the same and shall be liable for the same.
h) Payment Facility for Your orders: Buynuse may from time to time contract with third party payment service providers including banks to open nodal bank account under applicable Indian laws, to facilitate the payment between Users i.e. buyers and sellers and for collection of Buynuse's fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, pre-paid instruments, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner. Buynuse shall initiate the remittance of the payments made by Your for Your purchase orders on the Website after the Products are delivered to You and the date of completion of transaction shall be after the Products are delivered to You and such other additional time as may be agreed between Buynuse and sellers.
i) If you purchase any of our paid Services, you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription. Also:
a. Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
b. You authorize us to store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your service (e.g. subscriptions) and to facilitate easy payment for new services.
c. You must pay us for applicable fees and taxes unless you cancel the Premium Service, in which case you agree to still pay these fees through the end of the applicable subscription period.
d. Taxes are calculated based on the billing information that you provide us at the time of purchase.
8. USER OBLIGATION
(a) Subject to compliance with the Agreement(s), Buynuse grants you a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website and the Services provided therein.
(d) You agree not to access (or attempt to access) the Website or Services by any means other than through the interfaces that are provided by Buynuse. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
(e) The Website may allow you to post certain content, data or information of Your own such as allowing You to rate Products, seller, post your comments, and reviews in relation to Products on specific pages of the Website, as well as submit any suggestions, comments, questions or other information to Buynuse using the Website / Services (collectively referred to "User Content"). You, being the originator of the User Content, are responsible for the User Content that you upload, post, publish, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that Buynuse does not endorse any User Content on the Website and is not responsible or liable for any User Content. Buynuse reserve the right to disable access to the User Content on the Website.
(h) You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Buynuse, buynuse.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Buynuse or other users on platform or otherwise tarnish or dilute any Buynuse trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us
(i) You agree, understand and acknowledge that the Website is an electronic platform in the form of an electronic marketplace and an intermediary that provides an electronic venue where various Users may electronically meet and interact with each other to engage in commerce and transact. You further agree and acknowledge that Buynuse is only a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the Website. Buynuse is not the seller of the Products. Accordingly, any contract for the sale / purchase of Products on the Website is a bipartite contract between you and the sellers (if you are a buyer) or you and the buyer (if you are a seller). Buynuse neither recommends You to buy or sell any Products on the Website nor does Buynuse endorses any such Products and nor does Buynuse provides any guarantee, warranties or assurance with respect to the advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the Website. Further, Buynuse does not guarantee, warranty or provide any assurance on the behavior of any User of the Website including any guarantee, warranty or assurance that any User (whether buyer or seller) will complete any transaction or act in a prudent manner.
(j) Banned List :- When you use the Website and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content that:
• belongs to another person and to which the User does not have any right to;
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnical objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
• harms minors in any way;
• impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
• threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting of any other nation;
• infringes any patent, trademark, copyright or other proprietary rights;
• contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
• deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
• attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Buynuse server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
• Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Buynuse, including any Buynuse Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
• disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
• use the Website or Content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of Buynuse or other third parties;
• 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;
• violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
• violate any applicable laws or regulations for the time being in force within or outside India;
• Violate the terms of the Agreement.
(m) You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the Website. You may incur access or data fees from third parties in connection with your purchase and/or use of the services. You are responsible for all such fees.
(n) You shall use this Website, and any voucher/coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
(o) You may need to install updates that we or any third party introduce from time to time to use the services, Products, Website including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). Your use of the Products or Website you have installed requires that you have agreed to receive such automatically requested Updates.
(p) Any purchase of the Products from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Products purchased are not transferrable to any third party for profit. Accordingly, Buynuse reserves the right to cancel any orders that classify as 'Bulk Order' as determined by Buynuse as per certain criteria. Any rewards or benefits provided by Buynuse and used by you for placing the 'Bulk Order' will not be refunded. An order can be classified as 'Bulk Order' if it meets certain criteria adopted by Buynuse for the purpose of identifying 'Bulk Order', including but not limited to:
a. Products ordered for commercial resale and not for self-consumption;
b. Multiple orders placed for same product at the same address;
c. Bulk quantity of the same product ordered;
d. Invalid address given in order details; or
e. Any malpractice used to place the order.
(q) There may be certain orders that Buynuse is unable to process or pass on buyer's order to the seller and must cancel. Some situations that may result in Buynuse's inability to process or pass on buyer's order to the seller include, without limitation, non- availability of the Website service, force majeure, credit limitations or suspected fraud.
(r) In case buyer purchases multiple Products in one transaction, the Seller(s) may deliver all such Products together. However, this may not always be possible. If buyer purchases multiple Products in a single transaction, then all the Products would be dispatched to a single delivery address provided by buyer at the time of purchase. If buyer wishes to get delivery of the Products to different addresses, then buyer should purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. Buyer agrees that the delivery of the Products can be made to the person who is present at the shipping address provided by you.
(s) In certain cases, where buyer requires certain services in relation to a Product, such as warranty, after-sales or installation services, buyer shall directly contact seller or the manufacturer. However, in the event, buyer contacts Buynuse for the same, Buynuse may inform the seller to provide or facilitate the provision of such services to the buyer. Buynuse is not and shall not be obliged to provide any such additional services. Buynuse's role in relation to facilitating such services shall be limited to facilitating communication between buyer and the seller for the purpose of provision of such additional services.
(t) You represent and warrant that you are not designated by any law across the world under list of prohibited or restricted parties.
9. USE OF CONTENT
(a) Except as expressly indicated to the contrary in any applicable Additional Service Terms, Buynuse hereby grants You a non-exclusive, revocable and non-transferable right to view, download and print product catalogues available on the Website, subject to the following conditions:
ii. You may not modify or alter product catalogues available on the Website;
iii. You may not distribute or sell, rent, lease, license or otherwise make the product catalogues available on the Website available to others; and
iv. You may not remove any text, copyright or other proprietary notices contained in the product catalogues available on the Website.
(b) The rights granted to you in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part.
(c) Any software that is available on the Website is the property of Buynuse or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by the Agreement or by the express written permission of Buynuse.
10. PROHIBITED ITEMS
For use of our Site and other services, you confirm and declare that you shall not list or post or provide information in relation to the sale or purchase or exchange of goods and services, content or information that are illegal under the laws of the Republic of India and/or are not permitted as per the prohibited items policy listed below.
1. Prohibited Items Policy.
a. We specifically prohibit any listing or posting of classifieds or information in relation to the following items:
1. Alcoholic Beverages, Liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description, medicines, palliative/curative substances nor shall you provide link directly or indirectly to or include descriptions of items, goods or services that are prohibited under any applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954 Narcotic Drug and Prohibited Substances Act and the Indian Penal Code, 1860.
2. Living, dead person and/or the whole or any part of any human which has been kept or preserved by any means whether artificial or natural including any blood, bodily fluids and/ or body parts
3. Prostitution or any other service in the nature there of that purports to violate the provisions of Immoral Act or Indecent representation of women which violates the contemporary standards of morality and decency in Indian society.
4. Religious items, including books, artifacts, etc. or any information, description of any such item that is likely to affect the religious sentiments of any person or group.
5. Mature Audiences Policy includes films which do not have a certificate for public exhibition issued by the Central Board of Film Certification and or described and depict or otherwise deal with matters which are revolting or repulsive and or tend to deprave a person’s mind in such a way that they tend to offend against the standards of morality, decency and propriety generally accepted by reasonable adults.
6. Obscene Items includes items which contain an indecent representation of women within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; Any publication or film or item that describes or depicts a minor who is, or who appears to be, under 18 (whether the minor is engaged in sexual activity or not) and any computer games not suitable for minor that are unsuitable for a minor to see or play.
7. Offensive Material intended for use in a sexual setting (including "bondage" and "fetish" items,) displaying sexual activity or portraying human genitalia in a "life-like" or realistic fashion.
8. "Antiquities" and "Art Treasures" in violation of the provisions of the Antiquities and Art Treasures Act, 1972 ("the Act").
9. Information or items that are defamatory, libelous, threatening or abusive in nature.
10. Information that is fraudulent, misrepresenting as to the nature and use of the goods or the services.
11. Counterfeit, Pirated and stolen goods or unauthorized illegal services (services for which you are not licensed or permitted to do or do not have the authority to undertake).
12. Items, goods and services that infringe or attempt to pass off any third parties intellectual property or rights of publicity or moral rights and or purport's to breach any persons right to privacy.
13. Electronically transmitting through any medium computer viruses of any type or any computer program that facilitates hacking of a computer system which the intent to damage a computer or computer network or intercept any personal data.
14. Your information shall not include any hate content, that is derogatory or slanderous in nature that may directed to any individual or group or advocate violence against any users individuals and or animals.
15. Hazardous chemicals and pesticides and/ or items in violation of Hazardous Chemicals Act, 1985.
16. Fireworks, Destructive Devices and Explosives including any material that enables the making of fireworks, explosive triggers and explosive devices.
17. Identity Documents, Personal Financial Records & Personal Information (in any form, including mailing lists)
18. Lottery Tickets, Sweepstakes Entries and Slot Machines.
19. Items in violation of the Food Adulteration Act, 1954.
20. Military or Police Badges, Uniforms, coats-of-arms and or any Government emblems, insignia, and/ or items in violation of Emblems and names (Prevention of improper use) Act, 1950 and/ or Flag Codes of India Act, 2002.
21. Weapons and related items (such as firearms, firearm parts and magazines, ammunition, tear gas, stun guns, switchblade knives or any other item which is prohibited under the Indian Arms Act, 1959.
22. "Pyramid schemes" and "Multilevel Marketing" and/ or similar scams which are solely listed for the purpose of defrauding users.
23. Spam, abusive, duplicate, listing, fraud schemes (e.g. "Get rich quick" "work at homes" scams which are solely listed for the purpose of duping users).
24. Inappropriate, Wrong Category (e.g. dining table listed as office furniture).
25. Incorrect City / Location of Listing (listing allowed only in the city you are based in, of listing)
26. International Listings.
B. Without prejudice to the generality of the above, Buynuse does not permit posting or listing of classifieds in relation to the following:
1. "Securities" within the meaning of the Securities Contract Regulation Act, 1956, including shares, bonds, debentures, etc. and/or any other financial instruments/assets of any description.
2. Living, dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural including rugs, skins, specimens of animals, antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, other animal products of any description the sale and purchase of which is prevented or restricted in any manner by applicable laws (including those prohibited under The Wildlife Protection Act, 1972 and/ or The Environment Protection Act, 1986)
(b) We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.
(c) We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
12. THIRD PARTY CONTENT
a. General third party information such as, product catalogues, product description and specifications, lists of dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources is made available on the Website ("Third Party Content"). The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to you is obtained from sources believed to be reliable or provided by the sellers in the process of advertising, exhibiting and offering to sell the Products on the Website. All Third Party Content is provided on an 'As Is' basis. Buynuse may not own / have the rights and title to any such Third Party Content, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. Buynuse shall not be held liable for any loss suffered by you based on your reliance on or use of such Third Party Content.
b. In the event any Third Party Content contains links to third party websites, and you visit any such external link, you agree to do so at your own risk, responsibility and liability. Buynuse makes no warranty or representation regarding, and does not endorse, any website linked to the Website / Services or the information appearing thereon or any of the products or services described thereon.
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
(a) Lack of authorization for any transaction/s, or
(b) Exceeding the preset limit mutually agreed by You and between "Bank/s", or
(c) Any payment issues arising out of the transaction, or
(d) Decline of transaction for any other reason/s
All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
i. Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render Buynuse liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Buynuse's Website.
iii. You understand, accept and agree that the payment facility provided by Buynuse is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Buynuse Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Buynuse is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
iv. Buynuse reserves the right to impose limits on the number of Transactions or Transaction Price which Buynuse may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
v. Buynuse reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Buynuse or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
vi. Buynuse may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if Buynuse deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, Buynuse may hold Transaction Price and Buynuse may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
vii. The Buyer and Seller acknowledge that Buynuse will not be liable for any damages, interests
Or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of Buynuse.
14. PAYMENT FACILITY FOR BUYERS:
i. You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and you shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
ii. You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
iii. You, as a Buyer, shall electronically notify Payment Facility using the appropriate Buynuse Website features immediately upon Delivery or non-delivery within the time period as provided in Policies. Non notification by You of Delivery or non-delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash on Delivery transactions, Buyer is not required to confirm the receipt of products or services.
iv. You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services
v. Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
vi. For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
vii. Refund shall be conditional and shall be with recourse available to Buynuse in case of any misuse by Buyer.
viii. Refund shall be subject to Buyer complying with Policies.
ix. Buynuse reserves the right to impose limits on the number of Transactions or Transaction Price which Buynuse may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
x. Buynuse reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Buynuse or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
xi. Buynuse may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if Buynuse deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, Buynuse may hold Transaction Price and Buynuse may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
xii. The Buyer and Seller acknowledge that Buynuse will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of Buynuse.
15. SALE IN INDIA ONLY
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Buynuse make no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and Buynuse is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
16. ADVERTISING TECHNOLOGIES AND WEB BEACONS
We use advertising technologies and web beacons to collect information. We give you a number of ways to opt out of targeted ads, including through the Ad Choices icon shown with any ads we serve on third-party sites. If you do not want us to track your behavior on third-party sites, you can opt out. If you do not opt out, you consent to our use of beacons and other advertising technologies.
We target (and measure the performance of) ads to Members, Visitors and others both on and off of our Services through a variety of ad networks and ad exchanges, using the following, whether separately or combined:
a. Advertising technologies on and off of our Services, like web beacons, pixels, ad tags, cookies, and mobile identifiers as permitted by mobile platforms;
b. Member-provided profile and contact information and categories
c. Information inferred from a Member‘s profile (for example, industry, product preferences, recent buys);
d. Your use of our Services (for example, your search history, the content you read, Groups participation, which pages you visit, your clicking on an ad, etc.)
e. Information from 3rd parties (e.g. advertising partners, publishers and data aggregators) which we use in addition to the information from our cookies (and similar technologies), your profile and use of our Services.
We may show you sponsored content in your network update stream (NUS), which will be designated as sponsored content and will behave like other NUS updates. If you take social action (for example, if you “like” or “comment” on the sponsored content), your action may be seen by your network and other Members who are shown the sponsored content after you have acted on it.
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Mrs. R K Baidwan
18. PROFANITY POLICY
Buynuse encourages decent and pleasant experience. So it prohibited to use of language that is racist, hateful, offensive, sexual or obscene in nature in a public area.
This policy extends to text within listings, on Seller pages and all other areas of the site that another User may view.
If a feedback comment; or any communication made between Users on the Website; or email communication between Users in relation to transactions conducted on Website contain profanity, please review Our feedback removal policy and submit a request for action/removal.
Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning.
Buynuse will consider the circumstances of an alleged policy violation and the user's trading records before taking action.
Violations of this policy may result in a range of actions, including:
1. Limits placed on account privileges;
2. Loss of special status;
3. Account suspension;
4. Warning & / or
5. Appropriate legal action and / or
19. EMAIL ABUSE & THREAT POLICY
Private communication, including email correspondence, is not regulated by Buynuse. Buynuse encourages its Users to be professional, courteous and respectful when communicating by email. However, Buynuse will investigate and can take action on certain types of unwanted emails that violate Buynuse policies. Violations of this policy may result in a range of actions, including:
• Limits on account privileges
• Account suspension
• Cancellation of listings
• Loss of special status
20. OTHER BUSINESSES
Buynuse does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using Website's APIs or otherwise. In addition, the Website may provide links to the third party websites of our affiliated companies and certain other businesses for which, Buynuse assumes no responsibility for examining or evaluating the products and services offered by them. Buynuse do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Buynuse does not endorse, in any way, any third party website(s) or content thereof.
21. DISCLAIMER OF WARRANTIES AND LIABILITIES
You expressly understand and agree that, to the maximum extent permitted by applicable law: the website, services and other materials are provided by this website is on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Buynuse/ company makes no warranty that
(i) Your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free;
(ii) Materials, information and results obtained will be effective, accurate or reliable;
(iii) Any errors or defects in the website, services or other materials will be corrected.
To the maximum extent permitted by applicable law, we will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.
The user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at his/her own discretion and risk and he/she will be solely responsible for any damage to his/her computer systems or loss of data that results from the download of such material or data.
We are not responsible for any typographical error leading to an invalid coupon.
Buynuse makes no warranties or representations about the accuracy or completeness of website’s content or the content of any third party websites linked to the website and assumes no liability or responsibility for any unauthorized access to or use of our services and any and all personal information and/or financial information stored therein, Buynuse does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or featured in any banner or other advertising, and Buynuse will not be a party to or in any way be responsible for monitoring any transaction between You and/or other Users and/or third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate
Buynuse accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
We shall not be liable for any third party product or services. The advertisement available on e-mail or website with respect to the third party website or the products and services are for information purpose only.
22. COMPLIANCE WITH LAWS
Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Buynuse Website.
23. INDEMNIFICATION AND LIMITATION OF LIABILITY
You agree to indemnify, defend and hold harmless this website including but not limited to its affiliate vendors, Owners/ shareholders, Directors / Officials / employees and agents from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these terms of service. Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the website, any claim that your material caused damage to a third party, your violation of the terms of service, or your violation of any rights of another, including any intellectual property rights.
In no event shall the Company, its officers, directors, employees, partners or suppliers be liable to you, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the website, services or materials.
24. TRADEMARK, COPYRIGHT AND RESTRICTION
This site is controlled and operated by Buynuse and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is 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 email 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 website 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.
25. APPLICABLE LAW
26. DISPUTES AND JURISDICTION
(a) All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
Stage 2: Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Bangalore, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
(b) If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts at Hyderabad, India.
27. CONTACT US
If you have any questions about this Agreement, the practices of the Company / Buynuse, or your experience with the Service, you can e-mail us on firstname.lastname@example.org.