TERMS AND CONDITIONS

 

Effective Date: DECEMBER 02, 2021

Website Covered: www.bahetibullish.com 

 

Welcome to Baheti Bullish. This document is an electronic record in terms of information technology Act, 2000 and published in accordance with the provisions of Rule 3 of the Information Technology ( Intermediaries guidelines) Rule, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Baheti Bullish platform- www.bahetibullish.com (hereinafter referred to as “website”). 

 

THE AGREEMENT: The use of this website and services on this website provided by Baheti bullish Pvt. Ltd. (hereinafter referred to as “Owner'”) are subject to the following Terms & Conditions (hereinafter the “Terms of Service”), all parts and sub-parts of which are specifically incorporated by reference here together with the Privacy Policy. Following are the Terms of Service governing your use of www.bahetibullish.com (the “Website’), all pages on the Website and any services provided by or on this Website (“Services”). 

 

By accessing either directly or through a hyperlink, the Website, and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the Terms of Service including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation vendors, buyers, customers, merchants, browsers and/ or contributors of content. You acknowledge and agree that the Website may use your personal information in the manner described in our Privacy Policy which sets forth as to how information about you is being collected, used and stored. 

 

 

The parties referred to in these Terms of Service shall be defined as follows: 

 

a) Owner, Us, We: The Owner, as the creator, operator, and publisher of the Website, who makes the Website, and certain Services on it and made it available to users. Baheti bullish Pvt. Ltd., Owner, Us, We, Our, Ours and other first-person pronouns will refer to the Owner, as well as all employees and affiliates of the Owner. 

 

b) You, the User, the Client: You, as the user of the Website, will be referred to throughout these Terms of Service with second-person pronouns such as You, Your, Yours, or as User or Client. For the purpose of these Terms of Service, the term “User” or “you” shall mean any natural or legal person who person is accessing the Website. The term “Your” shall be construed accordingly.  

 

c) Parties: Collectively, the parties to these Terms of Service (the Owner and You) will be referred to as Parties. 

 

 

By using the Website, You warrant that You have read and reviewed these Terms of Service and that You agree to be bound by it. 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. By impliedly or expressly accepting these Terms of services, you also accept and agree to be bound by Baheti Bullish  policies including but not limited to privacy policy as amended from time to time. 

 

 

The Website is an online store which carries out sale of Clothing apparels. The product can be purchased through the website through various methods of payment offered. The sale of product shall be additionally governed by specific policies of sale, like cancellation policy , return policy, etc. 

 

Baheti bullish does not warrant that the product description or any other content on the website is accurate, complete, or error-free and assume no liability in this regards. 

 

 

The Owner may provide You with certain information as a result of Your use of the Website or Services. Such information may include but is not limited to, documentation, data, or information developed by the Owner, and other materials which may assist in Your use of the Website or Services (“Owner Materials”). Subject to these Terms of Service, the Owner grants You a non-exclusive, limited, non-transferable and revocable license to use the Owner Materials solely in connection with Your use of the Website and Services. The Owner Materials may not be used for any other purpose and this license terminates upon Your cessation of use of the Website or Services or at the termination of these Terms of Service. 

 

You agree not to collect contact information of other Users from the Website or download or copy any information by means of unsolicited access so as to communicate directly with them or for any reason whatsoever. 

 

Any unauthorized use by you shall terminate the permission or license granted to you by the Website and You agree that you shall not by pass any measures used by the Owner to prevent or restrict access to the Website. 

 

 

You agree that the Website and all Services provided by the Owner are the property of the Owner, including all copyrights, trademarks, trade secrets, patents and other intellectual property (‘Owner IP”). You agree that the Owner owns all right, title and interest in and to the Owner IP and that You will not use the Owner IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Owner IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Owner. 

 

a) In order to make the Website and Services available to You, You hereby grant the Owner a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content You publish, upload or otherwise make available to the Website (Your Content”). The Owner claims no further proprietary rights in Your Content. 

 

b) If You feel that any of Your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of Our users, please contact Us by writing at  approach@bahetibullish.com and let Us know. 

 

 

As a user of the Website or Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website and Services. You must not share such identifying information with any third party and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. An email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping us update of any changes to Your identifying information. The billing information You provide us, including credit card, billing address and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of Your identifying information. Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of these Terms of Service. The Owner reserves the right to refuse service, terminate accounts, or remove or

edit content in its sole discretion. 

 

 

The monetary amounts (“Fees”) will be described to You during Your account registration and/or confirmation process. The final amount required for payment will be shown to You immediately prior to your purchase. You agree to pay Us the specific monetary amounts required for that product or those Services. 

 

We reserve the right to refuse service or refuse to sell the products on the Website at our sole discretion to anyone for any reason at any time. 

 

 

You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services or general business of the Owner. 

 

a) You further agree not to use the Website or Services: 

 

i) To harass, abuse, or threaten others or otherwise violate any person’s legal rights; 

 

ii) To violate any intellectual property rights of the Owner or any third party; 

 

iii) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another; 

 

iv) To perpetrate any fraud; 

 

v) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme; 

 

vi) To publish or distribute any obscene or defamatory material; 

 

vii) To publish or distribute any material that incites violence, hate or discrimination towards any group; 

 

viii) To unlawfully gather information about others. 

 

 

(a) for any unlawful purpose; 

 

(b) to solicit others to perform or participate in any unlawful acts; 

 

(c) to infringe on any third party’s intellectual property or proprietary rights, or rights of publicity or privacy, whether knowingly or unknowingly; 

 

(d) to violate any local, federal or international law, statute, ordinance or regulation; 

 

(e) to harass, abuse, insult, harm, defame, or discriminate based on gender, religion, ethnicity, race, age, national origin, or disability; 

 

(f) to submit false or misleading information or any content which is defamatory, libelous, threatening, unlawful, harassing, indecent, abusive, obscene, and lascivious or pornographic, or exploit minors in any way or assists in human trafficking or content that would violate rights of publicity and/or privacy or that would violate any law; 

 

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; 

 

(h) to collect or track the personal information of others; 

 

(i) to damage, disable, overburden, or impair the Website or any other party’s use of the Website; 

 

(j) for any obscene or immoral purpose; or 

 

(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; 

 

(I) to personally threaten or has the effect of personally threatening other Users. 

 

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. The Company has the full authority to review all content posted by Users on the Website. You acknowledge that the Website is not responsible or liable and does not control the content of any information that may be posted to the Website by You or other User of the Website and you are solely responsible for the same. You agree that You shall not upload, post, or transmit any content that you do not have a right to make available (such as, the intellectual property of another party). 

 

You agree to comply with all applicable laws, statutes and regulations concerning your use of the Website and further agree that you will not transmit any information, data, text, files, links, software, chats, communication or other materials that are abusive, invasive of another’s privacy, harassing, defamatory, vulgar, obscene, unlawful, false, misleading, harmful, threatening, hateful or racially or otherwise objectionable, including without limitation to material of any kind or nature that encourages the conduct that could constitute a criminal offence, which give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances. 

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 

 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 

 

 

You accept that each time you uses the Website in any manner, you agree to these Terms. By agreeing to these Terms, you acknowledge that you are interested in availing and purchasing the product that you have selected and consent to receive communications via phone or electronic records from the Website including e-mail messages telling you about products and services offered by the Website (or its affiliates and partners) and understanding your requirements. Communication can also be by posting any notices on the Website. You agree that the communications sent to You by the Website shall not be construed as spam or bulk under any law prevailing in any country where such communication is received. 

 

 

The Owner may sell goods or services or allow third parties to sell goods or services on the Website. The Owner undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, the Owner does not guarantee the accuracy of the color of any product as it may vary due to different resolution of monitor screen of your gadget. You acknowledge and agree that You purchase such products at Your best understanding. 

 

 

You agree to ensure payment for any items You may purchase from Us and You acknowledge and affirm that price are subject to change. When purchasing a physical good, You agree to provide Us with a valid email and shipping address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information You provide to us. If We do so after payment has been processed, We will issue refund to You the amount of the purchase price. We also may request additional information from You prior to confirming a sale and We reserve the right to place any additional restrictions on the sale of any of Our products due to unforeseen circumstances. You agree to ensure payment for any items You may purchase from Us and You acknowledge and affirm that prices are subject to change. Shipment costs and dates are subject to change from the costs and dates You are quoted due to unforeseen circumstances. For any questions, concerns, or disputes, You agree to contact Us in a timely manner at the following: approach@bahetibullish.com 

 

We strive to deliver Products purchased from Baheti Bullish in excellent condition and in the fastest time possible. All orders placed on Baheti Bullish will be dispatched from our warehouse within 24 to 72 hours and will be received by our customers within 7-10 working days (subject to some unforeseen circumstances) from the date of dispatch.

 

 

You can cancel an order until it has not been packed in our warehouse within 2 hours of placing your order for more detail please check our Return / Cancellation Policy section. 

 

Note :- Once the order has been dispatch from our warehouse in such case this cancellation policy will not be in force.

 

 

You agree not to undertake any of the following actions: 

 

a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services; 

 

b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining

or interference to any host, user or network. 

 

 

However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that Information you supply won’t be intercepted while being transmitted to us over the internet. Any transmission of information by you to our platform is at your own risk. We recommend that you do not disclose your password to anyone. 

 

 

You agree to defend and indemnify the Owner and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of these Terms of Service, or Your conduct or actions. You agree that the Owner shall be able to select its own legal counsel and may participate in its own defense if the Owner wishes. 

 

 

You are strictly prohibited from using the Website or any of the Owner’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails. 

 

 

The Owner may occasionally post links to third-party websites or other services. You agree that the Owner is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to from Our Website. 

 

 

The Owner may, from time to time and at any time without prior notice to You, modify these Terms of Service. You agree that the Owner has the right to modify these Terms of Service or revise anything contained herein. You further agree that all modifications to these Terms of Service are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of these Terms of Service unless prior versions are specifically referred to or incorporated into the latest modification or variation of these Terms of Service. 

 

a) To the extent any part or sub-part of these Terms of Service is held ineffective or invalid by any court of law, You agree that the prior, effective  version of these Terms of Service shall be considered enforceable and valid to the fullest extent. 

 

b) You agree to routinely monitor these Terms of Service and refer to the Effective Date posted at the top of these Terms of Service to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of these Terms of Service. You agree that Your continued use of the Website after any modifications to these Terms of Service is a manifestation of Your continued assent to these Terms of Service. 

 

c) In the event that You fail to monitor any modifications to or variations of these Terms of Service, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement. 

 

 

This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website. 

 

 

The Owner may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Owner shall have no liability for any damage or loss caused as a result of such downtime. 

 

 

The Owner may terminate these Terms of Service with You at any time for any reason, with or without cause. The Owner specifically reserves the right to terminate these Terms of Service if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Owner or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate these Terms of Service at any time by contacting Us and requesting termination. Please keep in mind that any outstanding fees will still be due even after termination of Your account. At the termination of these Terms of Service, any provisions that would be expected to survive termination by their nature shall remain in full force and effect. 

 

 

All the product ( including but not limited to software) and services, included on or otherwise made available to You through Website are provided on “As Is ” and “As available” basis without any representations or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, Baheti Bullish does not warrant that, Website will be constantly available, or available at all or the information on website is complete, true, and accurate. 

 

There may be instances when incorrect information is published inadvertently on our Website or in the Service such as typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Any errors, inaccuracies or omissions, may be corrected at our discretion at any time and we may change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 

 

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

 

The Website shall not be responsible for any interaction between you and the other users of the Website. Under no circumstances will the Website be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related  thereto. The Website is under no obligation to become involved in any disputes between you and other users of the Website or between you and any other third parties. You agree to release the Website from any and all claims, demands, and damages arising out of or in connection with such dispute. 

 

You hereby agree and confirm that the Website shall not be held liable or responsible in any manner whatsoever for hacking or any loss or damages suffered by you due to unauthorized access of the Website by third parties or for any such use of the information provided by You or 

any spam messages or information that You may receive from any such unauthorized third party (including those which are although sent representing the name of the Website but have not been authorized by the Website) which is in violation or contravention of this Terms of Service or the Privacy Policy. 

 

You specifically agree that the Website is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that the Website is not responsible for any content sent using and/or included in the Website by any third party. 

 

You accept all responsibility for and hereby agree to indemnify and hold harmless the company from and against, any actions taken by you or by

any person authorized to use your account, including without limitation, disclosure of passwords to third parties. By using the Website, you agree to defend, indemnify and hold harmless the indemnified parties from any and all liability regarding your use of the site or participation in any site’s activities. 

 

 

In no event shall Baheti Bullish be liable for any indirect, punitive, incidental, special, consequential damage or any other damages resulting from: 

 

i) The use or the inability to use the services or products. 

 

ii) Unauthorized access to or alteration of the user’s transmission or data. 

 

iii) Breach of condition, representation or warranties by the manufacturer of the products. 

 

iv) Any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website. 

 

Baheti bullish shall not be held responsible for non-availability of the baheti bullish during periodic maintenance operations or any unplanned suspension of the access to the Baheti Bullish. The user understands and agrees that any material and/or data downloaded at baheti bullish is done entirely at user owns discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such materials and/or data. Baheti bullish shall not be liable for any dispute or disagreement between users. 

 

The Owner is not liable for any damages that may occur to You as a result of Your use of the Website or Services, to the fullest extent permitted by law. The maximum liability of the Owner arising from or relating to these Terms of services will be the value of product purchased by you. 

 

 

a) LANGUAGE: All communications made or notices given pursuant to these Terms of Service shall be in the English language. 

 

b) JURISDICTION, VENUE & GOVERNING LAW:  Through Your use of the Website or Services, You agree that the laws of India shall govern any matter or dispute relating to or arising out of these Terms of Service, as well as any dispute of any kind that may arise between You and the Owner, with the exception of its conflict of law provisions. In case any litigation specifically permitted under these Terms of Service is initiated, the Parties agree to submit to the exclusive jurisdiction of the courts at Surat, Gujarat, India. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non- convenience or similar doctrine. 

 

C) SEVERABILITY: If any part or sub-part of these Terms of Service is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of these Terms of Service shall continue in full force. 

 

D) NO WAIVER: In the event that We fail to enforce any provision of these Terms of Service, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of these Terms of Service will not constitute a waiver of any other part or sub-part. 

 

E) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under these Terms of Service are for convenience and organization, only. Headings shall not affect the meaning of any provisions of these Terms of Service. 

 

F) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of these Terms of Service. No Party has any authority to bind the other to third parties. 

 

G) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under these Terms of Service by means of E-mail. For any questions or concerns, please email Us at the following: approach@bahetibullish.com