Bauzooka authorizes you to view and access the content available on the Website solely for the purposes of availing the Services, such as visiting, using, ordering, receiving, delivering and communicating only as per these Terms of Use. By the use of the online services at Bauzooka, you acknowledge and undertake that you are accessing the services and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. Bauzooka makes no representations about the quality, safety, morality of the products/services offered or the truth or accuracy of the content posted. Users use the Services at their own risk.
The service is provided by Bauzooka on an “as is” and “as available” basis. Bauzooka expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranty of merchantability, fitness for a particular purpose and non-infringement. Further,
we make no warranty on any results obtained by the use of the service.
we make no warranty on accuracy or reliability of any information obtained by the use of service.
we make no warranty that the service will meet your requirements.
we make no warranty on any technical defects in the website will be corrected.
we make no warranty that the service will be persistent, timely, secure, error free.
we are neither responsible nor liable for any result that arises due to the use of service by any user or content posted or transmitted through the site by any user.
we do not assume any responsibility or liability for any illegal communication or Content posted or transmitted on the Site by any Customer, or any third party.
All liability, whether civil or criminal arising out of any Content that is hosted or transmitted through the servers (including but not limited to messages / communication of electronic or any other means) will be of that Customer / third party who has Hosted such Content or communicated / transmitted such content or information. We reserve the right to claim damages from such Customer / Third party that it may suffer as a result of such Content Posted on the Site or transmission of information through communication of any kind.
Furthermore:
1. Risk Factors
Bauzooka assumes no responsibility or liability from any loss incurred by any information presented online, either upon the website or otherwise. Users using the services herein are solely responsible for their actions. As we do not warrant the accuracy, completeness, or usefulness of any information presented therein. User expressly agrees that use of the service is at user’s sole risk.
Further, as a Bauzooka user, you acknowledge and accept the inherent risks, characteristics and limitations of the internet, particularly in terms of technical performance of the website, response times to view, verify or transfer information; and the risks inherent in all third party links, connections and transfers via the internet. Accordingly:
Bauzooka shall not be responsible or liable for the authenticity, accuracy, completeness, errors, omissions, typographical errors, disruption, delay in operation or transmission, communications line failure, interruption or malfunction (including but not limited to any kind of technical aspects), deletion, defect of any information, reports, service stops functioning due to technical problems, certain features not functioning at any point in the web site or any part thereof;
Any material and/or data downloaded or otherwise obtained through the use of the Bauzooka is done at the user’s own discretion and risk and that user will be solely responsible for any damage to user’s computer system or loss of data that results from the download of such material and/or data. In this respect, you agree that it is your responsibility to install an anti-virus program locally on your computer and protect against any viruses, bugs or any other harmful computer routines;
Bauzooka is not liable for any result that may arise from your contact, communication in any form, coordination, relation or transaction; either with advertisers, sponsors, other websites or any resources that may be hyperlinked or any third party, and you are liable for any contract/term that may or shall be established by you, with these third parties, advertisers, sponsors, other websites or resources that may be hyperlinked in the web site or any part thereof;
Bauzooka has no control over other websites or resources which are provided by companies or persons and is not liable for any loss or damage which may be incurred by you or by your use of service to any third party as a result of the availability of any information contained on the site or external sites or resources or any advertisements or hyperlinks, etc. in the web site or any part thereof;
Bauzooka cannot guarantee that the information submitted to, maintained on, or transmitted from our systems will be completely secure and transmission of information over the Internet is susceptible to possible loss, misrouting, interception and misuse;
2. Limitation of Liability
In no event will Bauzooka be liable to the customer or any third party for any damages or other incidental, consequential or special damages arising out of the operation of or inability to operate the platform, even if Bauzooka has been advised of the possibility of such damages. Despite the best efforts of Bauzooka, if any errors occur in web page information, still at no time will Bauzooka can be held responsible for accidentally including erroneous information, it’s liability cannot extend beyond correcting the error.
Further, you expressly understand and agree that Bauzooka, its subsidiaries and affiliates, shall not be liable to you or any third person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from, arising out of or any way related to:
a) the use or the inability to use the service;
b) any data, information, or services availed or messages received or transactions entered into through or from the service;
c) unauthorised access to or alteration of your transmissions or data;
d) statements or conduct of any third party on the service; or
e) any other matter relating to the service.
f) the deletion of, corruption of, or failure to store any content and other communications data maintained or transmitted by or through your use of the services.
Bauzooka does not warrant that product descriptions or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
In terms of TRAI Regulations, If you are in Do Not Disturb (DND) subscriber list with any telecom operator / organization you need to intimate us. Further, you agree that you have no objection in receiving any messages by any means. We are not liable to any third party if it receives any kind of message / information (under any circumstances) by any customer using the service; even if you are in Do Not Disturb (DND) subscriber list, the sender / customer is solely responsible and liable for the delivery of message / information which is generated by him.
3. Indemnity
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable lawyer’s fees, made by any third party due to or arising out of your breach of the Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You hereby expressly release Bauzooka and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequences of any of the actions/inactions and specifically waive any claims or demands that you may have in this behalf under any statute, contract or otherwise.