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 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.bazoki.com website and Bazoki application for mobile and handheld devices.
Terms Of Use
AMENDMENTS
Use of Platform and Services
Bazoki - Use of the Website and Apps (Android and iOS)?
Specific Terms with respect to Use of Platform for purchase of Medicines and Pharmaceutical Products which requires prescription ( in case it is made available by BAZOKI)
Specific Terms with respect to Use of Platform for purchase of Cigarettes and Other Tobacco Products
Bookings and Financial Terms
Cancellations ,Refunds & Returns
Cancellation
Refunds
Returns
Terms of service
Services provided:
No Endorsement
General terms of use
Access to the Platform, Accuracy and security
Relationship with operators if the Platform is accessed on mobile devices
Disclaimers
Intellectual property
Treatment of information provided by you
Third party content
Ip notice and take down policy
Notice and Take Down Policy Template and Procedures
Bazoki respects third-party intellectual property rights, statutorily registered or common law rights, and has adopted the following policy towards intellectual property rights protection on its website www.bazoki.com (the " Website") and the 'Bazoki' application for mobile and handheld devices (the " App"). The Website and the App are jointly referred to as the " Platform".
Reporting Instances of Intellectual Property Violations:
To file a notice of infringement with Bazoki, you must provide a written communication (by email or regular mail) that sets out the information as may be required. Please note that you will be liable for damages (including costs and lawyer's fees) if you materially misrepresent that material is infringing your intellectual property right(s). Accordingly, if you are not sure if you are the proprietor of the intellectual property right(s), we suggest that you first contact a lawyer.
BAZOKI SHOPMASTER – USER TERMS
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 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 Bazoki Shopmaster application (the “App / Platform”) for mobile and handheld devices.
Terms of Use
These terms of use (the “Terms of Use”) govern your use of the Platform.
The Platform is operated and owned by BAZOKI Retail Services Private Limited (hereinafter referred to as “Bazoki”), a company incorporated under the Companies Act, 2013 and having its registered office at 113 Park Street, Poddar Point, North Block, 10th Floor, Kolkata 700039.
For the purpose of these Terms of Use, wherever the context so requires, “you” shall mean any natural or legal person who has agreed to become a Shopmaster by providing Registration Data while registering on the Platform as a registered user using any computer systems/mobile devices. The terms “Bazoki”, “we”, “us” or “our” shall mean Bazoki Retail Service Private Limited.
Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform, and we request you to uninstall the App. By installing, downloading or even merely using the Platform, you shall be contracting with Bazoki and you signify your acceptance to the Terms of Use and other Bazoki policies (including but not limited to the Cancellation & Refund Policy, Return Policy, Privacy Policy and Take Down Policy) as posted on the Platform from time to time, which takes effect on the date on which you download, install or use the Services, and create a legally binding arrangement to abide by the same.
Bazoki Shopmaster provides a Platform enabling transactions between the buyers and shopmasters dealing in various categories of products or services including but not limited to packaged food, dairy, vegetables, fruits, groceries, FMCG, Non-Veg Items, Fashion & Accessories, Electronics and Mobile, Small Appliances, Home and kitchen utility items , pharmacy, cosmetics, hardware and appliance, footwear, etc. Customers can (a) choose and place orders (“Orders”) from variety of products listed or catalogued and offered for sale by various neighbourhood shopmasters (“Shopmasters”) dealing in the categories of products or services listed in our Platform which shall be delivered by the concierge service provider (“Concierge”); (b) assign task such as purchase of products from the nearby stores or the listed Shopmasters and delivery of such products.
Bazoki enables the performance of such assigned tasks through third party service providers i.e. the Concierge/shopmasters at select localities of serviceable cities across India. To clarify, Bazoki Shopmaster is merely a technology platform and shall relay the assignments, either task(s) or order(s) to the respective Shopmaster and/or the Concierge/Shopmaster/Driver to complete such assignments.
AMENDMENTS
These Terms of Use are subject to modifications at any time. We reserve the right to modify or change these Terms of Use and other Bazoki policies at any time by posting changes on the Platform, and you shall be liable to update yourself of such changes, if any, by accessing the changes on the Platform. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other Bazoki policies and note the changes made on the Platform. Your continued usage of the services after any change is posted constitutes your acceptance of the amended Terms of Use and other Bazoki policies. As long as you comply with these Terms of Use, Bazoki grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these Terms of Use, you also accept and agree to be bound by the other terms and conditions and Bazoki policies (including but not limited to Cancellation & Refund Policy, Privacy Policy and Notice and Take Down Policy) as may be posted on the Platform from time to time.
Use of Platform and Services
All commercial/contractual terms are offered by and agreed to between Buyers and Shopmasters alone. The commercial/contractual terms include without limitation price, taxes, payment terms, date and period of delivery, warranties related to products and services and after sales services. Bazoki 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 Shopmasters. Bazoki may, however, offer support services to Shopmasters in respect to order fulfilment, payment collection, call centre, and other services, pursuant to independent contracts executed by it with the Shopmasters.
Bazoki does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Shopmasters. You are advised to independently verify the bona fides of any particular Shopmaster that you choose to deal with on the Platform and use your best judgment in that behalf. All Shopmaster offers and third-party offers are subject to respective party terms and conditions. Bazoki takes no responsibility for such offers.
Bazoki neither 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 Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Bazoki accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Bazoki is not responsible for any non-performance or breach of any contract entered into between Buyers and Shopmasters on the Platform. Bazoki cannot and does not guarantee that the concerned Buyers and/or Shopmasters will perform any transaction concluded on the Platform. Bazoki is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
Bazoki is operating an online marketplace and assumes the role of facilitator only and does not at any point of time during any transaction between Buyer and Shopmaster on the Platform come into or take possession of any of the products or services offered by Shopmaster. At no time shall Bazoki hold any right, title or interest over the products nor shall Bazoki have any obligations or liabilities in respect of such contract entered into between Buyer and Shopmaster.
Bazoki is only providing a platform for communication and facilitating delivery of products or services and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Shopmaster and the Buyer. In case of complaints from the Buyer pertaining to efficacy, quality, or any other such issues with respect to the product or services purchased by the Buyer, Bazoki shall notify the same to Shopmaster and shall also redirect the Buyer to the consumer call center of the Shopmaster. The Shopmaster shall be liable for redressing Buyer complaints. In the event you raise any complaint on any Shopmaster using our Platform, we shall assist you to the best of our abilities by providing relevant information to you, such as details of the Shopmaster and the specific Order to which the complaint relates, to enable satisfactory resolution of the complaint.
Please note that there could be risks in dealing with underage persons or people acting under false pretence.
Bazoki- Use of the App / Platform
You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:
You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
Account Registration or use of the Platform
You may access the Platform by registering to create an account (“Bazoki Shopmaster Account”) and become a member (“Membership”); or (c) you can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Platform, as described below. The Membership is limited for the purpose and are subject to the terms, and strictly not transferable. As part of the functionality of the Platform services, you may link your Bazoki Shopmaster Account with Third Party Accounts, by either:
Specific Terms with respect to Use of Platform for Sale of Medicines and Pharmaceutical Products which requires prescription
You can use the Platform for Sale of various medicines and pharmaceutical products from your pharmacy stores upon presence of a valid medical prescription issued by a medical expert/ doctor for the purpose of dispensing such medicines and pharmaceutical products (“Prescription Drugs”), offered for sale on the Platform by the Shopmaster. In order to purchase Prescription Drugs from the Shopmaster through the Platform, Customers are required to upload a scanned copy of the valid prescription on the Platform. The order would not be processed until a copy of a valid prescription is uploaded on the Platform. The Shopmaster (you) will verify the prescription uploaded by the customer and in case of the Shopmaster (You) observe any discrepancy in the prescription uploaded by Customer, you will cancel the order immediately. Customers are also required to make the original prescription available at the time of receipt of delivery of the Prescription Drugs. Customer shall allow the Delivery Partner to stamp the original prescription at the time of medicine delivery failing which medicines will not be delivered. In that event, as a Shopmaster you shall be bound to take back the medicine and the transaction would be treated as no sale and there shall be no payment from Bazoki to you.
You understand and agree that Bazoki is merely a technology platform and the medicines and pharmaceutical products are sold to Customer by the Shopmaster. Bazoki shall not be held responsible in any manner for any error or omission or act committed on part of the Shopmaster or customers.
Customer provide right to Bazoki to share copy of the prescription uploaded by the customer with the Shopmaster for verification of the prescription and for the Shopmaster to dispense the Prescription Drugs accordingly.
Customers agree and undertake that they will not repeat the use of prescription for which drugs have already been dispensed. In case, it is observed that Customers are repeating the use of prescription, the order will be cancelled immediately. In any event, Bazoki shall not be responsible for any adverse effects or harm caused to customers if the customer repeat the use of prescription to order Prescription Drugs through the Platform.
Customer agree and confirm that customer are completely aware of the indications, side effects, drug interactions, effects of missed doses or overdose of the medicines Customer order through the Platform. It is imperative to seek professional advice from customer’s doctor before purchasing or consuming any medicine.
The Shopmaster/Bazoki shall maintain a record of the prescriptions uploaded by the Users.
Specific Terms with respect to Use of Platform for Sale of Cigarettes and Other Tobacco Products
Customer agree and undertake that Customer will not use the Platform to purchase cigarettes and other tobacco products if Customer are below the age of 18 years.
The Concierge may request Customer to provide a valid age proof at the time of delivery of cigarettes and/other tobacco products, Customer agree and undertake to provide a valid age proof to the Concierge, if requested. If Customer fail to provide a valid age proof as requested by the Concierge, Customer order will be cancelled immediately.
Customer agree and undertake that Customer will not use the Platform to place an order for loose cigarettes. Please note, only full packets of cigarettes can be sold by the Shopmasters through the Platform.
Bookings and Financial Terms
The Platform allows you to receive order for product(s) listed on our Platform and we will, subject to the terms and conditions set out herein, enable delivery of such order to Customers.
Bazoki do not own, sell, resell on its own and/or do not control the Shopmasters or the Concierge Service Provider or any other services provided in connection thereof. You understand that any order that you receive shall be subject to the terms and conditions set out in these Terms of Use including, but not limited to, product availability and delivery location serviceability.
As a general rule, all orders placed on the Platform are treated as confirmed.
We may contact you by phone and / or email or any other mode of communication including but not limited to in App chat option to inform and confirm any change in the order, due to availability or unavailability or change in price of the order as informed by the the Concierge. Please note change or confirmation of the order shall be treated as final. It is clarified that Bazoki shall not be under obligation to process your order in the event you are unavailable for communication for confirmation.
All payments made against the sale/services on the Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency with respect to the purchases made on Platform. You will receive the payment for the orders delivered and completed, into your bank Account after deduction of Bazoki Commission( The rate of commission is dynamic and you can always check the commission at the Bazoki Shopmaster APP ) and applicable GST and any other charges/penalty as the case may be. You understand, accept and agree that the payment facility provided by Bazoki is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, Bazoki is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
You acknowledge and agree that we act as the Shopmaster’s payment agent for the limited purpose of accepting payments from Customers on behalf of the Shopmaster in case, Customer purchase product from the listed Shopmasters.
You agree to receive the payment against the order as displayed on the Bazoki Shopmaster Application at the time of order. We will collect the total amount in accordance with the terms and conditions of these Terms of Use and the pricing terms set forth in the applicable catalogue listing for the particular Shopmaster. Please note that we cannot control any amount that may be charged to you by your bank related to our payment of the receivable amount, and we disclaim all liability in this regard.
In connection with your order, you will be asked to provide Your billing information such as establishment name, billing address and GST number, Bank account information either to us or our third party payment processor. You agree to receive the net amount ( Total invoice value less Bazoki Commission less Applicable GST less applicable charges/penalty if any) for the order received by you on the Platform, in accordance with these Terms, using of the methods described under above.
The final tax bill will be issued by the Shopmaster to the Buyer along with the order and Bazoki is merely collecting the payment on behalf of such Shopmaster. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by the Shopmaster. Bazoki holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Shopmaster.
The prices reflected on the Platform are determined solely by the Shopmaster and are listed based on Shopmaster’s information. Very rarely, prices may change at the time of placing order due to Shopmaster changing the catalogue price without due intimation and such change of price are at the sole discretion of the Shopmaster attributing to various factors beyond control.
Disclaimer: Prices on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information supplied by Shopmaster be incorrectly reflected and in such an event Shopmaster may cancel such your order(s).
The Shopmaster shall be solely responsible for any warranty/guarantee of the products or services sold to the Buyers and in no event shall be the responsibility of Bazoki.
The transaction is bilateral between the Shopmaster and Buyer and therefore, Bazoki is not liable to charge or deposit any taxes applicable on such transaction.
Timing, Cancellations, Adjustment and Returns
Timing
You shall or may get order from customer any time you make your Bazoki Shopmaster APP available for taking order. Upon getting an order you should prepare/pack the order within the specified time as it shows in the Bazoki Shopmaster APP failing which you shall be charged a Timing penalty as it shows in the Bazoki Shopmaster APP from time to time.
Cancellation
As a general rule you shall not be entitled to cancel any order once you have received the order. However in the Bazoki Shopmaster APP you have to accept the order so that the delivery partner is notified. In the unlikely event of an item on your order being unavailable, you shall decline the order and you shall be charged a cancellation penalty as it shows in the Bazoki Shopmaster APP from time to time. These penalties are implemented to restrain any shopmaster to decline any order from customers, make those products available/live in the platform, which are not physically available with them and to maintain a seamless customer experience.
We reserve the sole right to cancel your account/order in the following circumstances:
Adjustment
You can always check in your Bazoki Shopmaster APP about the Commission, Applicable Taxes and charges/Penalty.
Commissions are charged along with applicable taxes for the services rendered by Bazoki to its customers. However in the unlikely event if you cancel any order due to its unavailability or if our delivery partner finds the packaging and or quality to be under rated and if our delivery partner rejects to deliver the product due to its inferior quality/packaging/ expiry date you shall be charges the cancellation charges as described above and you may also be charged with return penalty as mentioned below. This charge would be deducted from you in subsequent order and in the event you do not receive any subsequent order with 15 days you agree to pay Bazoki the charges/penalty by way of bank transfer.
Returns
Products mentioned in the return section for customers are returnable and non-returnable as per category. However in the event a customer finds a product of inferior quality or wrong product even from the non-returnable category the products will be returned to you and the order shall be treated as cancelled and you shall be charged with a Return penalty charge as shown in the Bazoki Shopmaster APP.
Terms of service
You agree and acknowledge that we shall not be responsible for:
The delivery or products provided by Concierge.
You should keep products of best quality to meet customers expectation and shall not sale any counterfeit product and or any product which is harmful for a customer.
You should only make those products ( including quantity of products) available in the catalogue which you can deliver within the timeline once the customer places an order.
You should not serve incorrect orders.
The details of the catalogue and price list available on the Platform are based on the information provided by the Shopmasters and we shall not be responsible for any change or cancellation or unavailability.
Customer may not be able to avail our Services if Customer delivery location is outside our current scope of Service. We will keep you informed of the same at the time of confirming your order booking.
You shall undertake to provide adequate directions, information and authorizations to accept Pickup. In the event of any failure to accept pickup, failure to handover within the estimated time due to your failure to provide appropriate instructions, or authorizations, then such products shall be deemed to have been cancelled and you shall be charged with the applicable cancellation charges. Our decision in relation to this shall be final and binding.
You understand that our liability ends once your order has been delivered to customer and after successful completion of the return cycle, the net amount is paid to your bank account.
Services provided:
You agree and acknowledge that neither us nor the shopmaster or delivery person shall be liable in the event of you failing to adhere to the Terms of Use.
You might be required to provide your bank account details to the approved payment gateways while we are making the payment to you. In this regard, you agree to provide correct and accurate bank account details to the approved payment gateways for availing the Services. You shall not use the bank account which is not lawfully owned by you, i.e. in any transaction, you must use your own Bank account. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your bank account details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your bank account.
We do not offer any refunds against products already purchased from the Platform unless an error that is directly attributable to us has occurred during the purchase of such product or services.
We constantly strive to provide you with accurate information on the Platform. However, in the event of an error, we may, in our sole discretion, contact you with further instructions.
If you use the Platform, you do the same at your own risk.
You agree that the Services shall be provided by us only during the working hours of the relevant Shopmasters.
No Endorsement
We do not endorse any Shopmaster. In addition, although these Terms of Use require you to provide accurate information, we do not attempt to confirm, and do not confirm if it is purported identity. We will not be responsible for any damage or harm resulting from your interactions with other Members.
By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.
General terms of use
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 Platform. Only individuals who are 18 years of age or older may use the Platform and avail Services. If you are under 18 years of age and you wish to download, install, access or use the Platform, your parents or legal guardian must acknowledge and agree to the Terms of Use and Privacy Policy. Should your parents or legal guardian fail to agree or acknowledge the Terms of Use and Bazoki policies, you shall immediately discontinue its use. Bazoki reserves the right to terminate your Membership and / or deny access to the platform if it is brought Bazoki’s notice that you are under the age of 18 years.
If you choose to use the Platform, it shall be your responsibility to treat your user identification code, password and any other piece of information that we may provide, as part of our security procedures, as confidential and not disclose the same to any person or entity other than us. We shall at times and at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms of Use.
As we are providing services in the select cities in India, we have complied with applicable laws of India in making the Platform and its content available to you. In the event the Platform is accessed from outside India or outside our delivery zones, it shall be entirely at your risk. We make no representation that the Platform and its contents are available or otherwise suitable for use outside select cities. If you choose to access or use the Platform from or in locations outside select cities, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorisations, rules and guidelines.
You shall at all times be responsible for the use of the Services through your computer or mobile device and for bringing these Terms of Use and Bazoki policies to the attention of all such persons accessing the Platform on your computer or mobile device.
You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Platform requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Platform and avail the Services, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
You understand and agree that while registering for use of the Platform, you provide your mobile number and e-mail address to receive any communication from Bazoki. In the event of any change or deactivation of your mobile number and e-mail address, you must promptly update your account information to ensure that your messages/communications are not sent to the person who acquires your old number and failure to do so and any consequences thereof shall be your responsibility.
You agree and grant permission to Bazoki to receive promotional SMS and e-mails from Bazoki or allied partners. In case you wish to opt out of receiving email please send a mail to support@bazoki.com
Under no circumstances, shall Bazoki facilitate any transaction which is illegal or unlawful in nature. Bazoki reserves the right to refuse to facilitate any such transaction being unlawful or illegal.
By using the Platform you represent and warrant that:
All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.
Your use of the Platform shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
You will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.
All necessary licenses, consents, permissions and rights are owned by you and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these Terms of Use and Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any content that you submit, post, upload, distribute or otherwise transmit or make available.
You will not (a) use any services provided by the Platform for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind. In the event you want to advertise your product or service contact support@bazoki.com
You will not use the Platform in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Platform.
You will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
You will not delete or modify any content of the Platform, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.
You shall not access the Platform without authority or use the Platform in a manner that damages, interferes or disrupts:
any part of the Platform or the Platform software; or
any equipment or any network on which the Platform is stored or any equipment of any third party.
You release and fully indemnify Bazoki and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of your actions in relation to use of the Platform and specifically waive any claims that you may have in this behalf under any applicable laws of India. Your indemnification obligation will survive the termination/deactivation of your account or your use of the Platform. Notwithstanding its reasonable efforts in that behalf, Bazoki cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.
Access to the Platform, Accuracy and security
We endeavour to make the Platform available during Shopmaster working hours. However, we do not represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
We do not warrant that the Platform will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Platform or your obtaining any material from, or as a result of using, the Platform. We shall also not be liable for the actions of third parties.
We do not represent or warranty that the information available on the Platform will be correct, accurate or otherwise reliable.
We reserve the right to suspend or withdraw access to the Platform to you personally, or to all users temporarily or permanently at any time without notice. We may any time at our sole discretion reinstate suspended users. A suspended User may not register or attempt to register with us or use the Platform in any manner whatsoever until such time that such user is reinstated by us.
Relationship with operators if the Platform is accessed on mobile devices
In the event the Platform is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an “Operator”).
Your download, installation, access to or use of the Platform is also bound by the terms and conditions of the Operator.
You and we acknowledge that these Terms of Use are concluded between you and us only, and not with an Operator, and we, not those Operators, are solely responsible for the Platform and the content thereof to the extent specified in these Terms of Use.
The license granted to you for the Platform is limited to a non-transferable license to use the Platform on a mobile device that you own or control and as permitted by these Terms of Use.
We are solely responsible for providing any maintenance and support services with respect to the Platform as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform.
You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any third party relating to the Platform or your possession and/or use of the Platform, including, but not limited to: (i) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
You and we acknowledge that, in the event of any third party claim that the Platform or your possession and use of the Platform infringes that third party’s intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
You must comply with any applicable third party terms of agreement when using the Platform (e.g. you must ensure that your use of the Platform is not in violation of your mobile device agreement or any wireless data service agreement).
You and we acknowledge and agree that the relevant Operator, and that Operator’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.
Disclaimers
Intellectual property
Treatment of information provided by you
Third party content
Ip notice and take down policy