This Agreement is made, entered into and executed at Agra, Uttar Pradesh, India on current date (hereinafter referred to as the \”Effective Date\”).
BETWEEN:-
Bauzooka.com (hereinafter referred to as \”Bauzooka\”) AND you (hereinafter referred to as \”User\”). If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the term \”User\” shall refer to such entity;
WHEREAS the Bauzooka is one of India’s leading and innovative online B2C (Business to Customer) & B2B (Business to Business) E-commerce marketplace, based at Agra, India.
AND WHEREAS the User is interested in availing of the products and/or services offered by Bauzooka, either as a Vendor by listing his products for sale or a buyer by placing an online order for product(s) at Bauzooka.com or a Mobile App;
NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Bauzooka and the User, intending to be legally bound, hereby agree as follows:
1. Definitions
“Agreement” shall mean these Terms and Conditions, Disclaimer, Privacy, Shipping and other Policies, referred herein collectively;
“Content” means all information, data, text, seller interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, notes, messages, emails, billboard postings, drawings, profiles, opinions, ideas, images, videos, audio files, logos, advertisements, software code, design, and the collection, arrangement and assembly of content, contains third party service providers’ content, other material or information;
“Guest” means a normal visitor at this website, who accesses the Bauzooka.com without registration;
“Bauzooka\”, \”We\”, \”Us\”, \”Our\” or “Company” refer to the website www.Bauzooka.com, which is an Intermediary under the Information Technology Act and Rules there under;
“Platform” means and includes this website, related mobile site and mobile application.
“Profile” or “User Profile” refers to your personal information appearing on your profile page;
“Proprietary or Confidential Information” shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information;
“Registered User” means a user who has registered at Bauzooka.com, either as a buyer or seller.
“Registration Data” refers to the information to be provided in the registration form that includes name, email, location and contact and any other information provided later, which except the sensitive information may also form part of your User Profile;
“Return” means an action of giving back the product ordered at Bauzooka portal by the User.
“Sensitive Information” or personal data of a person means such personal information which consists of information relating to password, financial information, etc as defined under Information Technology Rules;
“Site\”, \”Website\” refers to the website www.Bauzooka.com and equally applies to the use of the Mobile App;
“Terms”, “Terms & Conditions” and \”User Agreement\” refers to the Terms of User Agreement contained herein below;
“User\”, “User”, \”you\” and \”your\” refer to the registered user, who uses the Bauzooka services at Bauzooka.com;
“We\”, \”us\” and \”our\” refer to the Bauzooka and its management;
Other terms would have meaning as defined under Information Technology Act, 2000 and rules made thereunder or otherwise as per the dictionary meaning.
2. Agreement
This Agreement is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable. These have been published in accordance with 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 platform, offered by Bauzooka.com.
When you use any current or future services provided by us through the Platform you will be subject to the rules, guidelines, policies, terms and conditions applicable to such services and they shall be deemed incorporated into the ToU and considered a part and parcel of the ToU. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the ToU at any time. We will notify you through any of the communication modes as mentioned in this ToU in case of any changes or updates to the ToU that materially impact your use of the Platform. Your continued use of the Platform following the changes or updates will mean that you accept and agree to the revisions. As long as you comply with the ToU, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Platform.
Policies together constitute a legal agreement between you and Bauzooka in connection with your visit to the Website and your use of the Services. Compliance with these Terms of Use would entitle you to a personal, non-exclusive, non-transferable, limited privilege to access and transact on the Website.
Though you can browse through various products but in order to make proper use of the Bauzooka.com, you must be a registered user of the Site, which includes option to subscribe to our Newsletter. In any case, you agree that, by the access to the Bauzooka.com website at any point or by completing the account registration process and clicking the \”Submit\” button, you will be bound by the following User Agreement. We intend this to be the legal equivalent of your signature on a written contract, and equally binding. Furthermore:
Bauzooka.com services owned and operated by M/s Sampada Synthetics, having its office at Sikandra Industrial Area, Agra, India and is provided to you under these terms and conditions and any other operating rules or policies that may be published by us on the website from time to time.
All the terms set here are presented in English language and it is the sole responsibility of the user to understand these terms accurately in the language he understands. You must read, understand and agree with and accept all of the terms and conditions contained in these Terms, which include those terms and conditions expressly set out below and those incorporated by reference, before you use services or register at this website.
We reserve the right to modify the Terms and Conditions at any time by posting a new agreement on our site; you should always review them prior to using the Site. In case, any modification to the agreement is unacceptable to you, your only recourse will be to terminate this agreement. In case you continue to access any of our services after that time you will be deemed to have accepted any change.
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 Platform.
ACCESSING, BROWSING, OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT WITH ALL THE TERMS AND CONDITIONS UNDER THE TOU. PLEASE READ THE TOU CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting the ToU, you also accept and agree to be bound by all of Bauzooka’s policies applicable to you, as amended, from time to time.
3. Bauzooka Platform
Bauzooka.com since 2017 is one of India’s leading and innovative online B2C ( business to customer ) & B2B ( Business to Business) E-commerce marketplace, with headquarters in Agra. As the e-commerce revolution gained momentum in India, Bauzooka grew at an accelerated pace and added several new product ranges in its portfolio.
Bauzooka offers products spread across more than 80 categories such as mobile phones & accessories, computers and accessories, laptops, books, home appliances, electronic goods, clothes and accessories, sports and fitness, baby care, games and toys, jewelry, shoe material, home furnishing, special purpose tapes, nails, EVA sheet, thermocol buffer, etc. As Bauzooka our motto is you demand we supply.
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 & Conditions of this website. It does not endorse any views or opinions that may be included in the Website Content, or other information provided through our Services.
Bauzooka, unless otherwise specified, shall be handling the material only as a service provider and its liability shall be restricted to that of a bailee under the contract Act. Nothing contained herein shall create or be deemed to create or construe a relationship between the parties such that Bauzooka.com is regarded as a seller or purchaser of the Vendor / Merchant\’s products and all sales and purchases of the Vendor / Merchant\’s products pursuant to an order placed on the Bauzooka.com are transactions between the user placing an order for the same on the Bauzooka.com and the Vendor / Merchant.
These Terms constitute an electronic record in terms of the Information Technology Act and Rules framed thereunder, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures. You agree that while rendering the service, the company is acting only as an authorized representative of the client and not as his agent or in any other capacity. You further understand that the Bauzooka is just an Intermediary in terms of Information Technology Act 2000 and is exempted from any liability in terms of Section 79 of Information Technology Act, 2000.
4. Pricing, Shipping & Return Policy
For availing any products/services at Bauzooka, you need to have a registered account with us. Our products are categorized into different categories. They have respective prices indicated against various products in Rupees.
The payment made towards any order placed at this portal are collected online through duly approved secured Payment Gateway. Further, the payment can be deposited offline, in cash or cheque in special cases only.
Orders coming in before 12 noon are processed the same day, while those coming after that are processed on the next working day. The normal delivery time of the product ordered is between 10:00 am to 6:00 pm.
For the items delivered by the courier / speed post / registered post, their respective policies apply. Bauzooka.com reserves the right to charge the order if by any chance the recipient rejects the order for any reason, or the order is returned due to non-delivery.
Bauzooka.com is not responsible for missed / late deliveries due to curfews, acts of government, acts of nature, holidays, incorrect addresses or acts of war. Bauzooka.com reserves the right to deny its services to any sender, without any explanation. Bauzooka.com is not liable for more than the retail cost of item.
Bauzooka.com shall try its best for prompt delivery; delayed / early delivery for whatever reason shall not entitle the user for any damages or compensation.
In spite of full caution taken at the time of delivery, Bauzooka.com will not be responsible for a miss-delivery, if the receiver of the gift at the address on the order form misappropriated, damages or fails to hand over the gift to the person named on the order form and takes the item posing himself to be the correct person.
The product/services provided on this site are with/without warranties, as may be indicated on the product sale page. Bauzooka.com does not warrant that the products/services offered will be exactly similar, error-free, or that defects will be corrected.
Product orders once placed cannot be cancelled, and any changes in the same must be notified by the sender within TWO working hours after submitting the order. Bauzooka.com will make its best efforts to incorporate changes but will not be held responsible if an advised change is not made.
Bauzooka.com will deliver exactly the same products displayed on its web pages and from the same sources indicated. However, in certain unavoidable circumstances arising due to non-availability of products from indicated sources, Bauzooka.com will inform the sender to change the order or wait until it becomes available.
Bauzooka.com reserves the right to change the perishable gift item to less perishable one if the former is expected to spoil before it reaches the recipient, without prior permission from the sender.
Bauzooka.com will not charge more than the prices mentioned on its web pages but in certain unavoidable circumstances, it reserves the right to change the prices anytime, without any prior notice and charge the sender accordingly.
Bauzooka.com reserves the right to dispatch the products separately, not as a single package, if certain items in the package are not acceptable by certain couriers.
While Bauzooka.com ensures to deliver best quality products from well-known sources, it is not responsible if the quality of the product does not match the expectation of the recipient.
In the unlikely event of a dispute relating to the services of Bauzooka.com, the dispute shall be subjected to the jurisdiction of Agra (India) courts only.
Bauzooka.com does not, in any way, claim ownership or right over the Trademarks, Brands and Company Names used at this site, which is owned by their respective owners/companies. References to these products and company trademarks are used solely for the purpose of identifying the products supplied at this site.
The sender is bound to the above terms and conditions once he/she places the order. The sender should read the above terms and place the order with Bauzooka.com only if they are acceptable by him/her.
If there is any sort of dissatisfaction with the service or with any terms, conditions, rules, policies, guidelines or practices of Bauzooka.com, your sole and exclusive remedy is to discontinue using this service.
As per the Government of India, all orders within India are bound to pay GST on the goods purchased.
Bauzooka.com is fully GST compliant, hence, each product on web portal is categorised into their relevant GST slab, that is, 5 % / 12 % / 18 % / 28 %.
The prices mentioned on the website are exclusive of the Goods and Service Tax(GST). The concerned GST amount is added to the cart value at checkout based on the products being purchased.
Also refer here for the additional Shipping and Cancellation policy applicable to Bauzooka users.
5. Retention & Backup Policy
The logs and user data would be retained as a backup in Bauzooka server for at least 6 (six) months from the date of its creation or for such period as may be notified by the Government. And otherwise also, we may retain such information in our systems but for a limited period, which may help not only in complying with the laws of the land but also to make sure that we maintain enough backup of user accounts, which may either be required to be restored to the server in unforeseen circumstances or to make available the information to the enforcement agencies, in case of any specific requests received in accordance with the law of the land.
In case of any technical difficulty in the system, we will have backup available with us to restore the Data to the main Server. But in case of exceptional circumstances, it cannot be assured that we will always have at all times backup available with us. Further, you as a Bauzooka user agree that in no case, Bauzooka can be held responsible for loss of data under any circumstances.
B. User\’s Account
6. User Eligibility
To be able to use any services offered by Bauzooka, you need to be of competent to Contract in terms of Indian Contract Act, 1872. If you are a minor, i.e. below 18 years of age in India or below the majority age as per the laws of your country, you can use the services only for information and/or knowledge purposes. Bauzooka reserves the right to ask for proof in support of age or even terminate your membership, if it is brought to our notice that account was created by providing age falsely.
You confirm that any court, tribunal or any adept authority does not prohibit or impose any kind of restriction/conditions/order to enter this agreement or online services of nature and function similar to ours.
You confirm that you are not violating any applicable law by entering this agreement. We reserve the right to terminate your services and refuse to provide access to the Site in case of any such violation.
7. Registered Users:
You understand that Bauzooka services are made available to you subject to registration upon website in terms of these Terms of Use. Further,
You are liable to provide true, accurate, updated and complete profile at Bauzooka.com and regularly maintain and promptly update the Profile to keep it true, accurate, updated and complete, failing which your account can be de-activated/disabled;
You are free to conduct an independent due diligence with respect to any Products / Services made available through Bauzooka.com;
You are expected to comply with the applicable law of the land as well, as may be applicable in your jurisdiction;
8. Account Obligations
You agree:
You will use the Bauzooka services only for the purpose that are permitted by the aforesaid Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction;
Your Bauzooka account and the activity under it are subject to review from time to time by the Bauzooka. On the basis of the Bauzooka’s report, your account may be blocked or may become subject of deletion if found to be transmitting objectionable, obscene or offensive material or links to the same or otherwise found to be indulging in violation of the Code of Conduct, without any prior notice to you;
You are responsible for maintaining the confidentiality of the issued Username and Password at Bauzooka and for restricting access to the account, and further agree to accept responsibility for all activities that occur due to your use or under your account or password;
Bauzooka reserve the right to reject any information/data posted over the website without assigning any reason and make all such modifications/editing to the information submitted in order to fit into the database;
Bauzooka at its own sole discretion and at any time, may set limitations on the number of transmission you may send or receive through the Services or on the amount of storage space that can be used for the provision of this Service and as a result some features may be blocked or information deleted;
If your Bauzooka account is blocked in any circumstances including as provided under the terms, you may be prevented from accessing all the services available under this website. Further, you agree that you may not try to register under an anonymous name to get access to the site otherwise for any purpose whatsoever;
You must promptly notify Bauzooka of any breach of security related to the Services, including but not limited to unauthorized use of your password or account. To help ensure the security of your password or account, please sign out from your account at the end of each session.
9. Code of Conduct
You would not to host, display, upload, modify, publish, transmit, update or share any information that —
You shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’, automatic device, program, algorithm, methodology, or any similar or equivalent manual process to access, acquire, copy, or monitor any portion of the Platform or content or in any way reproduce, or circumvent the navigational structure, presentation of the Platform, or any content to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Platform. We reserve our right to bar any such activities.
You will not rent, lease, trade or sell access to the Services or related information or data. Otherwise also sell, sponsor, or otherwise monetize Bauzooka user details or any other feature of the service, without our consent.
You agree not to indulge in any kind of Social Engineering or any act of data mining in a bid to find any information of the registered users at Bauzooka.com or build and distribute any data related to Bauzooka users in any other manner.
You shall not make any negative, denigrating, or defamatory statement(s)/comment(s) about us, the brand name or domain name used by us, including the terms Bauzooka, Sampada Synthetics, Bauzooka.com or otherwise engage in any conduct or action that might tarnish the image or reputation of Bauzooka or sellers on the platform or otherwise tarnish or dilute any Bauzooka trademark, service marks, trade name and/or goodwill associated with such trade, service marks or trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Bauzooka’s systems, networks, or any systems or networks connected to Bauzooka.
You agree to not (and permit anyone else to) copy, modify or extract the source code of the service or any part thereof. You further agree that you may not indulge in any kind of process, which may be termed as work of Reverse Engineer unless this is expressly permitted or required by law or unless you have been specifically told that you may do so by us, in writing.
You will not use the Service to distribute or upload any virus, trojan horses or do anything else that might cause harm to the Service, our systems or to other users\’ systems in any way.
You agree to not use the platform for any kind of promotion or spam or chain letters, unsolicited messages or any other related activity through the use of Bauzooka services.
You will not solicit passwords or personal identifying information for any purposes from other users or try to crack the password of other users, which would be termed as hacking attempt.
You agree that you will not engage in any activity that interferes with or disrupts the Bauzooka Services (or the servers and networks, which are connected to the Services).
You may not use the Platform or any content for any purpose that is unlawful or prohibited by the ToU or to solicit the performance of any illegal activity or other activity which infringes the rights of Bauzooka and/or others.
10. Abuse Policy
The Services provided to you as a registered user by Bauzooka may only be used for lawful purposes. That is, when you sign up for Bauzooka, you agree not to use the account to post spam, distribute viruses, scam anyone or otherwise abuse the service, which is provided above as above.
The posting, transmission, storage, distribution or presentation of any Content through the Bauzooka platform in violation of any and all applicable laws is prohibited. In case any violation of either this User Agreement or Law otherwise is discovered, we may suspend the account and immediately initiate an investigation either internally or through any Government Agency, depending upon the circumstances of the case.
We may, at any and all times, in our sole and absolute discretion, during such an investigation, restrict your access in order to prevent any further possible unauthorized activity. Depending on the severity of the violation, we may, at its sole discretion, restrict, suspend, or terminate a User\’s account and/or pursue other legal remedies.
You understand that we have the right at all times to disclose any information (including the identity of the persons who have provided information or material on the Platform) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with the investigation of an alleged illegal activity or its solicitation and/or response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorized us to) disclose any information about you to law enforcement or other government officials as we, at our sole discretion, deem necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. In exercising this right, we may ask you to provide any documentary or other form of evidence supporting the Content you have stored/transmitted through Bauzooka. If you fail to produce such evidence, we may, in our sole discretion, block/terminate your access without notice.
We reserve the right, but have no obligation, to monitor the materials posted on the Platform including random monitoring of user accounts for evaluation purposes. Bauzooka shall have the right, at its sole discretion, to remove any content that violates or is alleged to violate any applicable law or either the spirit or letter of the ToU. Notwithstanding this right, any such information accessed during monitoring is kept confidential. This is solely done to guarantee the highest level of service and to ensure accurate information is provided in a professional manner and may also help to detect any violations as stated above.
11. Termination
You are hereby informed that in case of non-compliance with the updated rules, user agreement including policies referred herein as posted on Bauzooka.com, administrator has the right to immediately terminate the access or usage rights of the users to the services and also remove non-compliant information;
You further agree that we, in our sole discretion, may terminate your Bauzooka account or password or use of any or all of the services, for any legal reason or complexities, including, without limitation, for improper use of any service or if we believe that you are not eligible to become a registered user. We may also in our sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice;
Further, at the time of registration at Bauzooka, if you provide any information that is untrue, inaccurate, not current or incomplete or we have a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement. We have the right to indefinitely suspend or terminate your access and refuse to provide you with access to the Website.
Lastly, you agree that Bauzooka shall not be liable to you or any third-party for any termination of your access to the Service in any of the above circumstances or due to any other unforeseen circumstance or legal complexities.
In any case, you may terminate your service at any point with or without cause by writing to us at [email protected].
12. Monitoring and Support
To ensure users receive the highest possible level of service, Bauzooka may randomly monitor the Bauzooka services. Any such monitoring is done for evaluation purposes by supervisors and all the information is kept confidential. This is solely done to guarantee the highest level of service and to ensure accurate information is provided in a professional manner.
In case of any Grievance with respect of any Bauzooka services, user can contact the grievance officer, whose details have been published later herein under these Terms of User Agreement.
You can obtain assistance with any technical difficulty that may arise in connection with user\’s utilization of the Bauzooka Services by requesting assistance via email to [email protected]. We reserve the right to establish limitations on the extent of such support, and the hours at which it is available.
You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for its access to and use of the Bauzooka Services and users shall be responsible for all charges related thereto.
C. Legal Statements
13. Governing Law
These Terms of Use is published in compliance of, and is governed by the provisions of Indian laws, including but limited to:
Information Technology Act, 2000 (“IT Act”) and the rules, regulations, guidelines and clarifications framed thereunder;
Consumer Protection Act, 1986;
Indian Contract Act, 1872 (“Contract Act”);
Sales of Goods Act, 1979 and
Other Laws as may become applicable.
User agrees to use the service in compliance with applicable law and this Agreement and the annexed documents. Further:
The Terms of Agreement and the relationship between you and Bauzooka shall be governed by the laws of India. The Courts of law at Agra, Uttar Pradesh, India shall have exclusive jurisdiction over any disputes arising under this agreement or other related issues arising out of the use of this site or related services. Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties\’ intentions as reflected in the provision, and agree that the other provisions of the Agreement remain in full force and effect.
User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
Users/Visitors who choose to visit these websites from other jurisdictions do so, on their own initiative. Those visitors are solely responsible for compliance with all laws, rules, and regulations, union, state, and local or foreign, applicable to the use of this website and information, content, material and services contained herein.
The section titles in this Agreement and annexed documents are for convenience only and have no legal or contractual effect.
Third Party Legal Actions: It is our policy to respond with reasonable promptness to subpoenas and other legal process served on Bauzooka that seek information, documents or other business records. Third parties wishing to serve such process may do so in writing to the following address:
Bauzooka (Legal)
Mobile:+91- 9760090390
14. Content & Intellectual Property thereof
Content are third-party generated Content and Bauzooka has no responsibility or liability over such third-party generated Content as Bauzooka is merely an intermediary for the purposes of this ToU. Except as expressly provided in the ToU, no part of the Platform including the Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to any other computer, server, website or other medium for publication, distribution or any commercial enterprise without Bauzooka’s prior written consent.
All the intellectual property used on the Website except those which have been identified as the intellectual properties of the Other Parties shall remain the exclusive property of the Company. The Other Parties agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Website or the materials therein. The materials on the Website or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.
Subject to the provisions of this Agreement, each Party will continue to independently own his/her/its intellectual property, including all patents, trademarks, trade names, domain names, service marks, copyrights, trade secrets, proprietary processes and all other forms of intellectual property. Any improvements to existing intellectual property will continue to be owned by the Party already holding such intellectual property.
Without limiting the generality of the foregoing, no commercial use rights or any licenses under any patent, patent application, copyright, trademark, know-how, trade secret, or any other intellectual proprietary rights are granted by Bauzooka to the User, or by any disclosure of any Confidential Information to the User under this Agreement.
User shall further ensure that by availing of any website services, he is not infringing upon any intellectual property rights or other rights of any person or entity, or does not publish any content that is libelous or illegal while using services under this Agreement. User acknowledges that Bauzooka cannot and does not check to see whether any services or the use of the services under this Agreement, infringes legal rights of others.
Without limiting the foregoing, copying or reproduction, for redistribution or other purpose, of the web site or any part thereof to any other server or location, including caching of any kind is expressly prohibited.
Further, the user agrees to indemnify Bauzooka against any and all liability, loss, damage, costs, legal costs, professional and other expenses, of any nature whatsoever incurred or suffered by the User or by the Third Party whether direct, indirect or consequential arising out of any dispute brought by the third party alleging infringement of his intellectual property rights by the Website, the Content or the Software.
Unless, you have been specifically permitted to do so or have a separate agreement with us, you agree that you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
In case of any notice received under DMCA or otherwise for Intellectual Property violation. Bauzooka reserves the right to remove the content with or without issuing any notice to the User, depending upon the seriousness of the matter.
You shall be responsible for the Content posted or transmitted on the Platform by You. The Content will become our property and you grant us the worldwide, perpetual, royalty free and transferable rights in such content. We shall be entitled to, consistent with our privacy policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of purpose forever, including, but not limited to, promotional and advertising purposes in any media, whether now known or hereafter devised or the creation of derivative work. You agree that any content you post may be used by us, consistent with this TOU, and you are not entitled to any payment or other compensation for such use.
Bauzooka respects the intellectual property of others. In case you feel that your trademark has been infringed, you can write to Bauzooka at [email protected] or [email protected].
Bauzooka respect the intellectual property of others. In case you feel that your work has been copied in any way that constitutes copyright infringement you can write to Bauzooka at [email protected].
15. Linking to the Web Site
You may provide links only to the Bauzooka.com homepage, provided:
You do not remove or obscure, by framing or otherwise, any portion of the homepage;
You give prior notice of such link by sending an Email to Bauzooka and you discontinue providing links to this Web Site if requested by Provider.
16. Electronic Communications
Any notice or other communication required or permitted to be delivered to Bauzooka under this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered, when sent to our contact address specified on the Contact Page by registered mail or courier. Any communication shall be deemed to have been validly and effectively given, on the date of receiving such communication, if such date is a Business Day and such delivery was made prior to 18:00 hours local time, and otherwise on the next Business Day.
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. And, by special permissions, you may opt for electronic communication in communicating with us by writing to [email protected].
17. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, or access to the Service or it’s content.
18. Entire Agreement
This User Agreement constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The Agreement shall be governed by the Laws of India.
19. Grievance Officer
Bauzooka shall address any grievances of users, whether registered or not, with respect to website content or any other aspects connected therewith, in a time bound manner. For this purpose, Bauzooka has designated the following person as Grievance Officer in terms of Information Technology Act, 2000:
Mr Kapil Bhasin
Email : [email protected]
Phone: +91-9319100964
Hours: 11 a.m. – 5 p.m.
The appointed officer shall acknowledge the complainant within 36 hours electronically and resolve the matter within 30 days in terms of the Information Technology Law if it is received through a government agency or based upon court order (in accordance with order of Hon’ble Supreme Court of India). In other cases, Bauzooka would look into the matter and try to resolve as far as possible.
20. Confidentiality
The users agree to hold Bauzooka’s Proprietary or Confidential Information in strict confidence. Proprietary or Confidential Information shall also include any information which:
is or becomes generally known to the public by any means other than a breach of the obligations of the receiving party;
was previously known to the receiving party or rightly received by the receiving party from a third party;
Is independently developed by the receiving party; or it is subject to disclosure under court order or other lawful process.
The users agree not to make each other Proprietary or Confidential Information available in any form to any third party or to use each other’s Proprietary or Confidential Information for any purpose other than as specified in this User Agreement. Notwithstanding termination or expiration of this Agreement, users acknowledge and agree that their obligations of confidentiality with respect to Proprietary or Confidential Information shall continue in effect for a total period three (3) years from the termination.
21. Relationship of the Parties
Nothing contained in this agreement, and no action taken by the parties pursuant to this agreement, will be deemed to constitute a relationship between the parties of partnership, joint venture, principal and agent or employer and employee. Neither party has, nor may it represent that it has, any authority to act or make any commitments on the other party\’s behalf.
22. Waiver
The waiver by either party of a breach or default of any of the provisions of this agreement by the other party shall not be interpreted as:
A waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the part of either party to exercise; or
A way to avail itself of any right, power or privilege that it has or may have under this agreement to operate as a waiver of any breach or default by the other party.
Otherwise also, should Bauzooka waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Bauzooka to waive the same clause on any other occasion.
23. Signature
This electronic record is generated by a computer system and does not require any physical or digital signatures.