LEGAL AGREEMENT & USER OBLIGATIONS
TERMS & CONDITIONS
Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.bandadda.com website.
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services. These Terms and various other policies are binding as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act of 2000.
The domain name www.bandadda.com (hereinafter referred to as “Website”) is owned by bandadda with its registered office at Sarvashree, Nagar Road, Pune 411006, Maharashtra, India (hereinafter referred to as “bandadda”).
Your use of the Website and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with bandadda and these terms and conditions including the policies constitute Your binding obligations, with bandadda.
For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. bandadda allows the User to surf the Website or make purchases without registering on the Website. The term “We”, “Us”, “Our” shall mean bandadda.
Updates, Modifications & Acceptance
When You use any of the services provided by Us through the Website, including but not limited to (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use.
We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
Services Offered
bandadda.com provides a number of Internet-based services through the Web Site (all such services, collectively, the “Service”). One such service enables users to purchase original merchandise such as artwork, home décor, clothing, footwear and accessories from various designers (collectively, “Products”).
The Products can be purchased through the Website through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, return policy, etc., all of which are incorporated here by reference. In addition, these terms and policies may be further supplemented by Product specific conditions, which may be displayed on the webpage of that Product.
Membership Eligibility
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.
If you are a minor i.e. under the age of 18 years, you shall not register as a User of the bandadda 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. bandadda reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to bandadda notice or if it is discovered that you are under the age of 18 years.
User Account, Password, and Security
You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.
You agree to: (a) immediately notify bandadda.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. bandadda.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.
Communications
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
Platform for Transaction and Communication
The Website is a platform that Users utilize to meet and interact with one another for their transactions. bandadda is not and cannot be a party to or control in any manner any transaction between the Website’s Users.
Henceforward:
- 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. bandadda 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.
- bandadda 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. bandadda does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. bandadda accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
- bandadda is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. bandadda cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. bandadda shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
- bandadda 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 particular User that You choose to deal with on the Website and use Your best judgment in that behalf.
- bandadda does not at any point of time during any transaction between Buyer and Seller on the Website 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 therein, offered by Seller to Buyer.
- At no time shall bandadda hold any right, title or interest over the products nor shall bandadda have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. bandadda is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
- The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. bandadda 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.
Charges
Membership on the Website is free for buyers. bandadda does not charge any fee for browsing and buying on the Website. bandadda reserves the right to change its Fee Policy from time to time. In particular, bandadda may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website.
Use of the Website (Rules of Conduct)
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:
1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
- (a) belongs to another person and to which You do not have any right to;
- (b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, or otherwise unlawful in any manner whatever;
- (c) is misleading in any way;
- (d) is patently offensive to the online community, such as sexually explicit content, or promotes racism, bigotry, hatred or physical harm;
- (e) harasses or advocates harassment of another person;
- (f) involves transmission of junk mail, chain letters, or unsolicited mass mailing or spamming;
- (g) promotes illegal activities or conduct that is abusive, threatening, or defamatory;
- (h) infringes upon or violates any third party's intellectual property rights or privacy rights;
- (i) promotes an illegal or unauthorized copy of another person's copyrighted work;
- (j) contains restricted or password-only access pages, or hidden pages or images;
- (k) provides material that exploits people in a sexual, violent or inappropriate manner;
- (l) provides instructional information about illegal activities;
- (m) contains unauthorized photos or images of another person;
- (n) tries to gain unauthorized access to the Website, accounts, or user data;
- (o) engages in unauthorized commercial activities, contests, pyramid schemes, or sales;
- (p) solicits or engages in illegal gambling activities;
- (q) interferes with another user's use and enjoyment of the Website;
- (r) refers to any website or URL that contains prohibited or inappropriate content;
- (s) harms minors in any way;
- (t) infringes any patent, trademark, copyright, or trade secret;
- (u) violates any law for the time being in force;
- (v) deceives or misleads the addressee about the origin of messages;
- (w) impersonates another person;
- (x) contains software viruses, trojan horses, worms, or malicious computer code;
- (y) threatens the unity, integrity, defence, security or sovereignty of India;
- (z) is false, inaccurate or misleading;
- (aa) directly or indirectly trades in prohibited or restricted items;
- (ab) creates liability for Us or causes Us to lose services of Our ISPs or suppliers.
2. Automated Data Gathering: You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology to access, acquire, copy or monitor any portion of the Website or any Content.
3. System Security: You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any systems or networks connected to the Website, by hacking, password mining or any other illegitimate means.
4. Vulnerability Testing: You shall not 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.
5. Brand Protection & Infrastructure: You shall not make any negative, denigrating or defamatory statements about Us or the brand name bandadda / bandadda.com, nor take any action that imposes an unreasonable load on the infrastructure of the Website.
6. Operational Integrity: You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
Have questions regarding these terms?
Our support team is available to help clarify any aspect of our terms and policies.