TERMS OF SERVICE
Last updated: 14 March 2018
Welcome to buybaa.com (“Site”). This Site is provided to you by Buybaa Solutions And Ecommerce LLP (“BSELLP”) subject to the following conditions. By visiting this Site, you accept the following conditions. Please read them carefully. In addition, when you use any current or future service offered by the site, you also will be subject to the guidelines, terms and agreements (“Terms”) applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.
When you visit this Site or send e-mails to us, you are communicating with the Site electronically. You will be required to provide accurate information while communicating with us. BSELLP may communicate with you by e-mail, SMS, phone call or by posting notices on the Site or by any other mode of communication. You also agree that third-party individuals or companies may communicate with you through phone, SMS or e-mail if you have expressly agreed to being contacted by those parties while using the Site. For contractual purposes, you consent to receive communications including SMS, e-mail or phone calls from us or third-parties with respect to your transaction or in relation to the use of the Site.
Electronic Platform for Communication
You agree, understand and acknowledge that the Site is an online platform that enables you to find, research and some times purchase products and services listed on the Site or third-party sites at the price indicated therein or request for price quotes of products and services offered by sellers offline through their physical stores. BSELLP shall also become a seller or a solution provider when BSEPL offer products and services, directly. You further agree and acknowledge that the Site is only a facilitator and is not and cannot be a party to or control in any manner any transactions offline or on the Site. Accordingly, the contract of transaction or sale of products or services on the Site shall be a strictly bipartite contract between you and such sellers.
Access to buybaa.com
BSELLP will do utmost care to ensure that availability of the Site will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. BSELLP will attempt to limit the frequency and duration of any such suspension or restriction.
Copyright and other rights
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and content ( other than open-source, creative commons), are the property of BSELLP, its content suppliers, and affiliates and is protected by Indian copyright, authors’ rights and database right laws. The compilation of all content on this Site is the exclusive property of BSELLP and/or its affiliates and is protected by India copyright, authors’ rights and database right laws.
You may not systematically extract or re-utilize parts of the contents of the Site without BSELLP and/or its affiliates’ (as may be applicable) express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this Site, without BSELLP and/or its affiliates’ (as may be applicable) express written consent.
Trademarks which are not owned by BSEPL that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BSELLP.
License and Site access
BSELLP grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express prior written consent of BSELLP and/or its affiliates, as may be applicable. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of BSELLP and/or its affiliates, as may be applicable. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Site so long as the link does not portray BSELLP, this Site or their affiliates, or their products and services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any BSELLP logo or other proprietary graphic or trademark as part of the link without express written permission of BSELLP and/or its affiliates, as may be applicable.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner. Please ensure that details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided at the time of registration. You can access and update much of the information you provide us with in the My Account area of the Site. BSELLP reserves the right to refuse service, terminate accounts, remove or edit content in their sole discretion.
Use of this Site is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use this Site only with involvement of a parent or guardian.
You must not use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not the Site, are responsible for all electronic communications and content sent from your computer to us and you must use the Site for lawful purposes only.
You must not use the Site for any of the following:
a.For fraudulent purposes, or in connection with a criminal offense or other unlawful activity;
b.To send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”; or To cause annoyance, inconvenience or needless anxiety.
Reviews, Comments, Communications, and Other Contents
Users may post reviews, comments, photos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise impermissible, injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. BSELLP reserves the sole right (but not the obligation) to remove or edit any content that violates these Conditions of Use and, or terminate your permission to access or use this Site.
If you do post content or submit material, and unless we indicate otherwise, you grant BSELLP and/or its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant BSELLP and/or its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose.
You represent and warrant that you own or otherwise control all of the rights to the content that you post or you otherwise provide on or through the Site: that, as at the date that the content or the material is submitted to the Site: the content and the material is accurate; that use of the content you supply does not breach any applicable of these Conditions of Use and will not cause injury to any person or entity (including that the content is not defamatory); that the content is lawful. You will indemnify BSELLP and/or its affiliates for all claims brought by a third party against it or its affiliates arising our of or in connection with any of these warranties. BSELLP has the right (but not the obligation) to monitor and edit or remove any activity or content. BSELLP takes no responsibility and assumes no liability for any content posted by you or any third party.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to BSELLP, including the execution of deeds and documents, at its request.
Intellectual Property Claims
BSELLP and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow our Notice and Procedure for making claims of IPR infringement outlined below.
Claims against objectionable content
Because the Site lists thousands of products and services with or without the objective to promote transaction or sale offered by sellers on the Site and hosts many thousands of comments, it is not possible for us to be aware of the contents of each product or service listed for sale, or each comment or review that is displayed. Accordingly, BSELLP operates on a “notice and take down” basis. If you believe that any content on the Site is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign countries; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses (“Objectionable Content”), please notify us immediately by following our Notice and procedure for notifying of objectionable content . Once this procedure has been followed, BSELLP will make all reasonable endeavors to remove such Objectionable Content complained about within a reasonable time.
Indemnity and release
You shall indemnify and hold harmless BSELLP, and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release BSELLP and any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/in-actions of the sellers and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
Parties other than BSELLP and its affiliates may operate stores, provide services, or list products or services on buybaa.com. For example, businesses and individuals offer products via our marketplace. In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. BSELLP does not assume any responsibility or liability for the actions, products,services, and content of any of these and any other third-parties. You should carefully review their privacy statements and other conditions of use.
BSELLP will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and BSELLP when you commenced using the Site (or communicating with the seller) or when a contract for the sale of goods between you and the seller was formed.
Alteration or amendments to the conditions
BSELLP reserve the right to make changes to our Site, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the Site or that you order goods from
BSELLP, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and applicability of any remaining condition.
Events beyond the control of us
BSELLP will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
BSELLP attempts to be as accurate as possible. However, BSELLP does not warrant that descriptions or other content or such other information of this Site is accurate, complete, reliable, current, or error-free.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCT/SERVICE RELATED INFORMATION AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY BSELLP ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BSELLP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCT RELATED INFORMATION/SERVICE OR SERVICES OR PRICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ARE USING YOUR BEST AND PRUDENT JUDGMENT BEFORE ENTERING INTO ANY TRANSACTIONS THROUGH THE SITE.
BSELLP SHALL NEITHER BE LIABLE NOR RESPONSIBLE FOR ANY ACTIONS OR INACTIONS OF SELLERS OR ANY BREACH OF CONDITIONS, REPRESENTATIONS OR WARRANTIES BY THE SELLERS OR SERVICE PROVIDERS AND HEREBY EXPRESSLY DISCLAIM AND ANY ALL RESPONSIBILITY AND LIABILITY IN THAT REGARD. BSELLP SHALL NOT MEDIATE OR RESOLVE ANY DISPUTE OR DISAGREEMENT BETWEEN YOU AND THE SELLERS OR AFFILIATES.
BSELLP FURTHER EXPRESSLY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS (EXPRESS OR IMPLIED) IN RESPECT OF QUALITY, SUITABILITY, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, PERFORMANCE, SAFETY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR LEGALITY OF THE PRODUCTS LISTED OR DISPLAYED OR TRANSACTED OR THE CONTENT (INCLUDING PRODUCT INFORMATION AND/OR SPECIFICATIONS) ON THE SITE. WE DO NOT IMPLICITLY OR EXPLICITLY SUPPORT OR ENDORSE THE SALE OR PURCHASE OF ANY PRODUCTS ON THE SITE OR THOSE OFFERED BY SELLERS OFFLINE.
AT NO TIME SHALL ANY RIGHT, TITLE OR INTEREST IN THE PRODUCTS SOLD THROUGH OR DISPLAYED ON THE SITE OR THROUGH THE OFFLINE STORES BY SELLERS VEST WITH BUYBAA.IN NOR SHALL BSELLP HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF ANY TRANSACTIONS.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BSELLP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BSELLP DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCT RELATED INFORMATION (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM BUYBAA.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BSELLP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCT/SERVICE RELATED INFORMATION OR SERVICES OR PRICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Disputes and applicable legislations
Any dispute relating in any way with your visit to this Site shall be submitted to the exclusive jurisdiction of the courts at Kollam, Kerala. By visiting buybaa.com, you agree that the laws of India without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and BSELLP.
Policies, alterations, and serverability
Please review other policies posted on the Site. These policies also govern your visit to this Site. BSELLP reserve the right to make changes to the Site, policies, and these Conditions of Use at any time, in its sole discretion. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Conditions of sale (Between BSELLP, Sellers & Solution Providers, Affiliates and the User)
buybaa.com is a portal which enables users to see and research and sometimes arrive at a decision to buy products and services listed in the Site by BSELLP, sellers, solution providers, and affiliates.
As far as sale or transaction with thirdparty sellers/solution providers and affiliates are concerned, there exists no contract between BSELLP and you. Please read these following conditions carefully in sites or e-mail or any other contracts provided by such sellers, solution providers, and affiliates.
- Conditions Relating to the Sale of Products or Services
- Sales Contract
- Pricing and availability
- Alteration or Amendments to the Conditions
- Events beyond reasonable control
- Governing Law and Jurisdiction
As far as sale or transaction with BSELLP and, there exists a contract between BSELLP and the User.
- Conditions Relating to the Sale of Products or Services
Please read these conditions before placing an order for any product or service with BSELLP (We or Our or Us, wherever applicable) on the BUYBAA portal (the website). These conditions signify your agreement to be bound by these conditions.
- Sales Contract
Your order is an offer to us to buy the product or service in your order. When you place an order to purchase from us, you will receive an e-mail confirming the receipt of your order and containing the details of your order. The Order confirmation email is an acknowledgement that we have received your order, and does not confirm delivery of product or service. Upon service charge fulfillment or as per payment terms, we will send a Dispatch confirmation email.
The terms in the contract of sale can vary from service to service. Please review terms of respective product/services offered here.
– Life Skills – Learning service (Service is not yet beginned)
Your contract is with us and you confirm that the product or service ordered by you are purchased for your personal or your organisation purpose and not for re-sale. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products or services ordered by you on the website.
You can cancel your order at no cost any time before we send the Order confirmation e-mail.
We do not accept return of any digital products and services.
4.Pricing and availability
We list availability information for products and services sold by us on the web portal, including on each product or service information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, you will be informed by e-mail if any product or service you order turn out to be unavailable.
You shall be responsible for payment of all fees/costs/charges associated with the purchase of product or service from us and you agree to bear any and all applicable taxes including but not limited to GST, duties etc.
When you send e-mails to us, you are communicating with us electronically. You will be required to provide a valid email and phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mails or phone calls from us with respect to your order.
We will not be responsible for any loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of goods or service by us to you was formed.
We will not be held liable for loss of any data technical or otherwise, information, particulars supplied by subscriber due to reasons beyond its control like corruption of data or delay or failure to perform as a result of any causes or conditions that are beyond our reasonable control including but not limited to strikes, riots, civil unrest, Govt. policies, tampering of data by unauthorized persons like hackers, war and natural calamities.
- Alteration or Amendments to the Conditions
We reserve the right to make changes to our policies, and these Conditions of Sale at any time. You will be subject to the policies and Conditions of Sale in force at the time you order products and services from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
10.Governing Law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Kollam.
This Site is operated by Buybaa Solutions And Ecommerce LLP.
For www.buybaa.com, you could contact us by visiting our [contact us page]
Notice and procedure for notifying www.buybaa.com of objectionable content
If you believe that any content on, or advertised for sale on, the Site contains any Objectionable Content as defined under relevant section in conditions of use, please notify us immediately by copying the objectionable content below into the format, in accordance with the instructions set out in the Notice and send a signed copy via E-mail to the Grievance Officer:
Subject: Notice of Objectionable Content in www.buybaa.com
Regd office address
Please note that this procedure is exclusively for notifying the objectionable content on or advertised on the buybaa.com website. Please provide your address, telephone number, and email address when sending the notice to BSELLP.
Warning: Sending notice with false, misleading or inaccurate information may result in civil and/ or criminal liability.
NOTICE OF OBJECTIONABLE CONTENT IN WWW.BUYBAA.COM
I, [Please set out your full name] of [please give your postal address], [please set your occupation], says as follows:
- I refer to the website www.buybaa.com (“the website”). I make this statement in support of my giving www.buybaa.com notice that, via the website, it is causing or contributing to the publication of Objectionable Content.
- The Objectionable Content (ignore whichever paragraph is not applicable):
i) appear in a website being listed on buybaa.in. The Objectionable Content appear on the website [URL] and here is the address of the relevant Web page from the website.
ii) The words/ content that I consider to be Objectionable Content are [please repeat the exact words you are complaining about].
iii). This content is Objectionable Content because [please state why you consider the content is Objectionable Content].
- I understand that this statement may be used in any court proceedings that may arise out of or relating to the Objectionable Content which I have complained about.
I declare the facts stated above to be true.
Notice and procedure for making claims of IPR infringement.
If you believe that your work has been copied in a way that constitutes IPR or copyright infringement, please provide BSELLP, the written information specified below. Please note that this procedure is exclusively for notifying BSELLP, and its affiliates that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the IPR or copyrighted work that you claim has been infringed upon;
- A specific description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the IPR or copyright owner or authorized to act on the copyright owner’s behalf.
Please send this written communication with the above information to the Grievance Officer:
Email : firstname.lastname@example.org
Subject : Notice of IPR Infringement in www.buybaa.com
Or Regd. Office address