TERMS AND CONDITIONS
- Acceptance of Terms and Conditions
2.2 To use the website and/or the Service (whether with or without registration) and to make any purchase, you must be 18 years of age or above.
2.3 The Website and the Service and any purchase are directed solely at those who access the Website from the Republic of India. Bagrry's makes no representation that Service (or any goods or services) are available or otherwise suitable for use outside the Republic of India. If you choose to access the Website (or use the Service or make a purchase) from locations outside the Republic of India, you do so on your own initiative and are responsible for the consequences thereof.
2.4 Bagrry's provides an interactive online service owned and operated by Bagrry's through the Website on the World Wide Web of the Internet (the "Web" or "Internet"), consisting of information services, content and transaction capabilities provided by Bagrry's, its subsidiaries and its associates with whom it has business relationships ("Business Associates") including but not limited to third parties that provide services in relation to creation, production or distribution of content for the Website ("Third Party Content Providers"), third parties that provide advertising services to Bagrry's ("Third Party Advertisers") and third parties that perform function on behalf of Bagrry's like sending out and distributing our administrative and promotional emails and text messages ("Third Party Service Providers").
2.5 Bagrry's reserves the right to prevent you from using the Website and the Service (or any part of them) and to prevent you from making any purchase.
2.6 While it is Bagrry's objective to make the Website accessible at all times, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Bagrry's, access to the Website may be interrupted, suspended or terminated from time to time. Bagrry's reserves the right, in its sole discretion, to terminate the access to any or all Bagrry's websites and the related services or any portion thereof at any time, without notice. Bagrry's shall also have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, graphics, deals, offers, settings, hours of availability and equipment needed for access or use. Further, Bagrry's may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
3.1 The User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Website and all charges related thereto. Bagrry's shall not be liable for any damages to the User's equipment resulting from the use of this Website.
- User Conduct
4.2 The User undertakes not to use or permit anyone else to use the Service or Website:
(i) to send or receive any information for which you have not obtained all necessary license and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
(ii) to send or receive any material which is harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
(iii) to intercept or attempt to intercept any communications transmitted by way of a telecommunication system; or
(iv) for any fraudulent purposes.
4.3 The User shall not post or transmit through this Website and/or the Mini-sites any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Bagrry's express prior, written approval, contains advertising or any solicitation with respect to products or Services.
4.5 The right to use this Website is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of User's password(s), if any. User understands and acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Bagrry's, and Bagrry's shall not be responsible for any data lost while transmitting information on the Internet. You must also agree to provide true, accurate, current and complete information about yourself while completing registration form or information required for shipping (such information being the "Registration Data"), maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if Bagrry's has reasonable grounds to suspect that such information is untrue, inaccurate, and not current or not in accordance with the User Agreement, Bagrry's has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Website.
4.6 The foregoing provisions of this Section 4 apply equally to and are for the benefit of Bagrry's, its subsidiaries, Business Associates and Third Party Content Providers, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
- Payments and Transactions
5.1 All products remain property of Bagrry's until full payment is made. The price applicable is that set at the date on which you place your order. Shipping costs and payment fees are recognized before confirming the purchase. If you are under 18 years old, you must have parents' permission to buy from this Website.
5.2. You agree, understand and confirm that the credit card details provided by you for availing of services of the Website will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details when making a payment via the Website.
5.3 Card information is transmitted securely through a third party. Bagrry's shall have no role to play in case of any dispute related to payments/refunds. It is expected that user shall contact the third-party payment gateway and/or the bank for any issues related to payment for products purchased through the Website. The collection and usage of payment related information is governed by the policies of the payment gateway provider.
- Offers and Discount Codes
6.1 You agree, understand and confirm that two of more offers cannot be used simultaneously on the Website. Also, when the prices are reduced by way of a sale, no offer or discount code will be applicable. i.e. offers, discount codes and other promotional programmes are individually applicable only on MRP.
- Use of Information
7.1 Neither Bagrry's nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose (refer to Clause 10 above for the complete provisions governing limitation of liabilities and disclaimers of warranty).
7.2 Under no circumstances will Bagrry's be liable for any loss or damage caused by User's reliance on information obtained through the Website. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice etc. or other content available through the Website.
7.3 The Website contains links to third party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Bagrry's of the contents on such third-party websites and Bagrry's hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If the User decides to access linked third-party websites, the User does so at his/her own risk.
7.4 Unless you have executed a written agreement with Bagrry's expressly permitting you to do so, you may not provide a hyperlink to the Website from any other website. Bagrry's reserves the right to revoke its consent to any link at any time in its sole discretion.
- Intellectual Property Rights
10.1 All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements)) whether registered or unregistered) in the Website and Service, (subject to Clause 9.4) information content on the Website or accessed as part of the Service, any database operated by us and all the Website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property. All rights are reserved.
10.2 None of the material listed in Clause 9.1 may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without our permission.
10.3 All rights (including goodwill and, where relevant, trademarks) in the Bagrry's name are owned by us (or our licensors). Other product and company names mentioned on the Website are the trademarks or registered trademarks of their respective owners.
10.4 Title, ownership rights and intellectual property rights in and to the content accessed using the Service is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. The Agreement gives you no rights to such content.
- User Submission and License Grant
11.1 “User Submissions” shall mean material (including without limitation text, images, notes, drawings, concepts, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. We welcome your comments about your experiences shopping with us and your suggestions about how to improve the Website.
11.2 Any comments, ideas, suggestions, information, or any other content you contribute to Bagrry's or the Website (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable & non-exclusive license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content without additional approval or consideration in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. You agree and understand that whether or not such User Submissions are published on the Website, Bagrry's does not guarantee any confidentiality with respect to any such submissions. Furthermore, you agree and acknowledge that Bagrry's may publish your name and submissions on the Website, Bagrry's managed social media, advertising, print material or in any other press releases of media items.
11.3 In relation to your User Submission you covenant, represent and warrant that:
you own or otherwise have the necessary licenses, rights, consents and permissions to use and authorise Bagrry's to use all patent, trade mark, trade secret, copyright or other proprietary rights in and to any and all the User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and the Terms & Conditions.
11.4 In connection with your User Submissions, you agree that you will not (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Bagrry's all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that may cause or likely to cause any damage to Bagrry's or any third party; (iii) submit material that is unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.
You agree and acknowledge that Bagrry's does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Bagrry's expressly disclaims any and all liability in connection with User Submissions. Furthermore, Bagrry's does not permit copyright infringing activities and infringement of intellectual property rights on the Website. Bagrry's is entitled to block and remove all content and User Submissions without any prior notice.
11.6 All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to us by you; or (ii) in response to solicitations by us regarding the Service or the Website; (in each foregoing case, these are called "Ideas") shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights in Ideas, to us. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
- Disclaimer of Warranty; Limitation of Liability
12.1 The User expressly agrees that use of the Website and the mini sites is at the User's sole risk. Neither Bagrry's, its subsidiaries, Business Associates nor any of their respective employees, agents and third party content providers warrant that use of the Website will be uninterrupted or error free; nor do they make any warranty as to (i) the results that may be obtained from use of this Website, or (ii) the accuracy, reliability or content of any information, service or merchandise provided through the Website or the Mini-sites.
12.2 The Website and the Mini-sites are made accessible on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
12.3 We do not give any warranty that the Services or the Website are free from viruses or anything else which may have a harmful effect on any technology.
12.4 We reserve the right to change, modify, substitute, suspend or remove without notice any Discount Coupon or related promotion from the Website or forming part of the Service from time to time.
12.5 We reserve the right to block access to and / or to edit or remove any material which in our reasonable opinion may give rise to a breach of this Agreement.
12.6 This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. The User specifically acknowledges that Bagrry's is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with the User.
12.7 In no event shall Bagrry's, or any Business Associates, Third Party Content Providers, Third Party Advertisers or Third Party Service Providers, producing or distributing the Website or the contents hereof, including the Mini-sites and any software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Website. The User hereby acknowledges that the provisions of this Clause shall apply to all content on the Website and the mini sites.
12.8 In addition to the terms set forth above, neither Bagrry's, nor its subsidiaries and Business Associates, Third Party Service Providers or Third Party Content Providers shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or inauthenticity of, the information contained within the Website or any of the Mini-sites, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including without limitation lost profits, punitive or consequential damages.
12.9 Nothing in this Agreement shall exclude or limit our liability for (i) fraud; (ii) death or personal injury caused by our breach of duty; or (iii) other liability which cannot be excluded or limited by applicable law.
12.10 Bagrry's 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 the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
13.1 The User agrees to defend, indemnify and hold harmless Bagrry's, its subsidiaries and Business Associates, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of (i) the use of this Website and/or the Mini-sites by the User; (ii) the use of the Voucher; (iii) the use of the Service or Website through your password; or (iv) any breach of this Agreement by you.
14.1 Bagrry's may terminate this Agreement at any time. Without limiting the foregoing, Bagrry's shall have the right to immediately terminate any passwords or accounts of a User in the event of any conduct by the User which Bagrry's, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. All such provisions wherein the context so requires, including Clause 10, 11, 12 and 13 shall survive termination of this Agreement.
14.2 Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
- Force Majeure
Without prejudice to any other provision herein, Bagrry's shall not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond Bagrry's’ control, including, without limitation, acts of the User, embargo or other governmental act, regulation or request affecting the conduct of Bagrry's’ business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labor difficulties, lightning, flood, windstorm or other acts of God.
16.2 No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.
16.3 The section headings used herein are for convenience only and shall be of no legal force or effect.
16.4 If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
16.5 All provisions of this Agreement apply equally to and are for the benefit of Bagrry's, it subsidiaries, any holding companies of Bagrry's, its (for their) affiliated and it (or their) Third Party Content Providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties).
16.6 Bagrry's’ headquarters are in New Delhi, India. Legal issues arising out of, but not exclusive to the use of, this Website or the Mini-sites (unless otherwise specifically stated) are governed by and in accordance with the laws of India (exclusive of its rules regarding conflicts of laws) and the parties shall submit to the exclusive jurisdiction of the courts in New Delhi.