APPLICABILITY OF THE AGREEMENT

This agreement ("user agreement") incorporates the terms and conditions for brand BazaarBandhu and registered properties named bazaarbandhu.com and BazaarBandhu Partner Program to provide services to the person (s) ("the User") intending to purchase or inquire about any products and/or services of BazaarBandhu by using bazaarbandhu.com's websites, apps or using any other customer interface channels of BazaarBandhu, which includes its salespersons, offices, call centres, advertisements, information campaigns, etc. The terms BazaarBandhu and bazaarbandhu.com can be used interchangeably. Both User and BazaarBandhu are individually referred to as 'party' to the agreement and collectively referred to as 'parties'.

SECTION 1 - USER'S RESPONSIBILITY OF COGNIZANCE

The Users availing services from bazaarbandhu.com shall be deemed to have read, understood, and expressly accepted the terms and conditions of this agreement, which shall govern the desired transaction or provision of such services by bazaarbandhu.com for all purposes, and shall be binding on the User. All rights and liabilities of the User and/or bazaarbandhu.com with respect to any services to be provided by bazaarbandhu.com shall be restricted to the scope of this agreement.

bazaarbandhu.com reserves the right, in its sole discretion, to terminate the access to any or all bazaarbandhu.com websites or its other sales channels and the related services or any portion thereof at any time, without notice, for general maintenance or any reason whatsoever.

In addition to this Agreement, there are certain terms of service (TOS) specific to the services rendered/products provided by bazaarbandhu.com. Such TOS will be provided/updated by bazaarbandhu.com, which shall be deemed to be a part of this Agreement, and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail. The User shall be required to read and accept the relevant TOS for the service/product availed by the User. Additionally, the service aggregators themselves may provide terms and guidelines that govern particular features, offers, or the operating rules and policies applicable to each Service. The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service aggregators with whom the User elects to deal, including terms and conditions set forth in a Service aggregators' fare rules, contract of carriage, or other rules.

bazaarbandhu.com's Services are offered to the User conditioned on acceptance without modification of all the terms, conditions, and notices contained in this Agreement and the TOS, as may be applicable from time to time. For the removal of doubts, it is clarified that availing of the Services by the User constitutes an acknowledgment and acceptance by the User of this Agreement and the TOS. If the User does not agree with any part of such terms, conditions, and notices, the User must not avail bazaarbandhu.com's Services.

In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any other bazaarbandhu.com document, then these terms shall control.

SECTION 2 - THIRD PARTY ACCOUNT INFORMATION

By using the Account Access service in bazaarbandhu.com's websites, apps, and other interfaces, the User authorizes bazaarbandhu.com and its agents to access third-party sites, including those of Banks and other payment gateways, designated by them or on their behalf for retrieving requested information. While registering, the User will choose a password and is responsible for maintaining the confidentiality of the password and the account.

The User is fully responsible for all activities that occur while using their password or account. It is the duty of the User to notify BazaarBandhu immediately in writing of any unauthorized use of their password or account or any other breach of security. Bazaar Bandhu  and all its properties will not be liable for any loss that may be incurred by the User as a result of unauthorized use of their password or account, either with or without their knowledge. The User shall not use anyone else's password at any time.

BazaarBandhu further confirms its integration with WhatsApp Business, and therefore the User agrees fully to the terms of WhatsApp's legal terms as defined in https://www.whatsapp.com/legal/business-policy.

SECTION 3 - CONFIDENTIALITY

Any information which is specifically mentioned by bazaarbandhu.com as Confidential shall be maintained confidentially by the User and shall not be disclosed unless required by law or to serve the purpose of this agreement and the obligations of both parties therein.

SECTION 4 - WEBSITE AND MOBILE APP USAGE

Your use of any information or materials on the website and mobile app is entirely at your own risk, for which bazaarbandhu.com shall not undertake any liability. It shall be your own responsibility to ensure that any products, services, or information available through our website or application meet your explicit specifications.

You are restrained from altering, duplicating, distributing, transmitting, reproducing, publishing, licensing, or selling any information, software, products, or services acquired from this website or app. Duplication of content from the website and app is forbidden, which is in accordance with the copyright notice and forms a part of the Terms of Use. Additionally, bazaarbandhu.com reserves the right to modify, revise, and delete any of the contents without giving prior notice to any person.

SECTION 5 - USAGE OF THE MOBILE NUMBER OF THE USER BY BAZAARBANDHU.COM

bazaarbandhu.com may send order confirmations, product/service information, cancellations, payment confirmations, refund statuses, schedule changes, or any such other information relevant for the transactions, via SMS or by voice call on the contact number given by the User as and when required; bazaarbandhu.com may also contact the User by voice call, SMS, or email in case the User couldn't or hasn't concluded the order, for any reason whatsoever, to know the preference of the User for concluding the purchase and also to help the User with the same. The User hereby unconditionally consents that such communications via SMS and/or voice call by bazaarbandhu.com is (a) upon the request and authorization of the User, (b) "transactional" and not an "unsolicited commercial communication" as per the guidelines of the Telecom Regulatory Authority of India (TRAI), and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.

The User will indemnify bazaarbandhu.com against all types of losses and damages incurred by bazaarbandhu.com due to any action taken by TRAI, Access Providers (as per TRAI regulations), or any other authority due to any erroneous complaint raised by the User on bazaarbandhu.com with respect to the intimations mentioned above or due to a wrong number or email ID being provided by the User for any reason whatsoever.

SECTION 6 - ONUS OF THE USER

BazaarBandhu is responsible only for the transactions that are done by the User through bazaarbandhu.com’s platforms (Websites and Applications). BazaarBandhu will not be responsible for screening, censoring, or otherwise controlling transactions, including whether the transaction is legal and valid as per the laws of the land of the User.

The accuracy of the data and orders has to be cross-verified by the User. The User warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The User further warrants that they will comply with all applicable laws and regulations regarding the use of the services with respect to the jurisdiction concerned for each transaction.



SECTION 7 - INSURANCE

Unless explicitly provided by BazaarBandhu in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation/option of the User, and BazaarBandhu doesn't accept any claims arising out of such scenarios.

Insurance, if any provided as a part of the service/product by BazaarBandhu, shall be as per the terms and conditions of the insuring company. The User shall contact the insurance company directly for any claims or disputes, and BazaarBandhu shall not provide any express or implied undertakings for acceptance of the claims by the insurance company.

SECTION 8 - FORCE MAJEURE CIRCUMSTANCES

The User agrees that there can be exceptional circumstances where the service operators and third-party vendors may be unable to honor the confirmed orders due to various reasons such as climatic conditions, labor unrest, insolvency, business exigencies, government decisions, operational and technical issues, route blocks, etc. If BazaarBandhu is informed in advance of such situations where dishonor of commitments may happen, it will make its best efforts to provide a similar alternative to its customers or refund the order amount after reasonable service charges, if supported and refunded by the respective service operator. The User agrees that BazaarBandhu shall not be responsible for any such circumstances.

BazaarBandhu shall not be liable for delays or inabilities in performance or nonperformance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism, or other similar causes, problems at airlines, rails, buses, warehouses, or transporters' end. In such an event, the User affected will be promptly given notice as the situation permits.

Without prejudice to whatever is stated above, the maximum liability on the part of BazaarBandhu arising under any circumstances, in respect of any services offered, shall be limited to the refund of the total amount received from the customer for availing the services less any cancellation, refund, or other charges, as may be applicable. In no case, the liability shall include any loss, damage, or additional expense whatsoever beyond the amount charged by bazaarbandhu.com for its services.

In no event shall bazaarbandhu.com and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever 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 bazaarbandhu.com website(s), application(s), or any other channel. Neither shall bazaarbandhu.com be responsible for the delay or inability to use the bazaarbandhu.com websites or related services, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the bazaarbandhu.com website(s), or otherwise arising out of the use of the bazaarbandhu.com website(s), whether based on contract, tort, negligence, strict liability, or otherwise. bazaarbandhu.com is not responsible for any errors, omissions, or representations on any of its pages or on any links or on any of the linked website pages.

SECTION 9 - SAFETY OF DATA DOWNLOADED

The User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Service is done entirely at their own discretion and risk, and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

Nevertheless, bazaarbandhu.com will always make its best endeavors to ensure that the content on its websites or other information channels is free of any viruses or such other malware.

SECTION 10 - FEEDBACK FROM CUSTOMER AND SOLICITATION

The User is aware that bazaarbandhu.com provides wholesale service on various products and would like to learn about our service to enhance the customer experience. The User hereby specifically authorizes BazaarBandhu and bazaarbandhu.com to contact the User with offers on various services offered by it through direct mailers, e-mailers, telephone calls, short messaging services (SMS), or any other medium, from time to time. In case the customer chooses not to be contacted, they shall write to bazaarbandhu.com for specific exclusion at [email protected] or provide their preferences to the respective service provider. Customers are advised to read and understand the privacy policy of bazaarbandhu.com on its website, in accordance with which bazaarbandhu.com contacts, solicits the user, or shares the user's information.


SECTION 11 - PROPRIETARY RIGHTS

BazaarBandhu and bazaarbandhu.com may provide the User with content such as sound, photographs, graphics, video, or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks, or other intellectual property rights and laws.

The User may use this material only as expressly authorized by bazaarbandhu.com and shall not copy, transmit, or create derivative works of such material without express authorization.

The User acknowledges and agrees that they shall not upload, post, reproduce, or distribute any content on or through the Services that is protected by copyright or another proprietary right of a third party, without obtaining the written permission of the owner of such right.

Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.



SECTION 12 - INDEMNIFICATION

The User agrees to indemnify, defend, and hold harmless BazaarBandhu, bazaarbandhu.com, and/or its affiliates, their websites, and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs, and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by BazaarBandhu and/or its affiliates, partner websites, and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant, or agreement made or obligation to be performed by the User pursuant to this agreement.

The User shall be solely and exclusively liable for any breach of any country-specific rules and regulations or general code of conduct, and bazaarbandhu.com cannot be held responsible for the same.

SECTION 13 - RIGHTS TO REFUSE

bazaarbandhu.com, at its sole discretion, reserves the right not to accept any customer order without assigning any reason thereof. Any contract to provide any service by bazaarbandhu.com is not complete until full payment towards the service is received from the customer and accepted by bazaarbandhu.com.

Without prejudice to the other remedies available to bazaarbandhu.com under this agreement, the TOS, or applicable law, bazaarbandhu.com may limit the User's activity, or end the User's listing, warn other users of the User's actions, immediately temporarily/indefinitely suspend or terminate the User's registration, and/or refuse to provide the User with access to the website if:

• The User is in breach of this agreement, the TOS, and/or the documents it incorporates by reference;
• bazaarbandhu.com is unable to verify or authenticate any information provided by the User; or
• bazaarbandhu.com believes that the User's actions may infringe on any third-party rights or breach any applicable law or otherwise result in any liability for the User, other users of the website, and/or bazaarbandhu.com.

bazaarbandhu.com may, at any time in its sole discretion, reinstate suspended users. Once the User has been indefinitely suspended, they shall not register or attempt to register with bazaarbandhu.com or use the website in any manner whatsoever until such time that the User is reinstated by bazaarbandhu.com.

Notwithstanding the foregoing, if the User breaches this agreement, the TOS, or the documents it incorporates by reference, bazaarbandhu.com reserves the right to recover any amounts due and owing by the User to bazaarbandhu.com and/or the service provider and to take strict legal action as bazaarbandhu.com deems necessary.



SECTION 14 - RIGHT TO CANCELLATION IN CASE OF INVALID USER INFORMATION