Terms & Condition

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TERMS AND CONDITIONS

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This 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

These terms of use (the " Terms of Use") govern your use of our website www.bazoki.com (the " Website") and our "Bazoki" application for mobile and handheld devices (the " App"). The Website and the App are jointly referred to as the " Platform". 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, 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.
The Platform is operated by Bazoki Retail Services Private Limited, a company incorporated under the Companies Act, 2013 and having its registered office at 113 Park Street, Poddar Point, North Block, 10^th Floor, Kolkata 700016. 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 buyer or customer on the Platform by providing Registration Data while registering on the Platform as a registered user using any computer systems. The terms "Bazoki", "we", "us" or "our" shall mean Bazoki Retail Services Private Limited.
Bazoki enables transactions between participant Retailers/ shopmasters and buyers, dealing in FMCG & Grocery, Vegetables, Fruits, Non-Veg Items, Dairy & bakery, household products, processed food and beverages and any other catergory that the company may intend to include or exclude from time to time (" Platform Services"). The buyers (" Buyer/s") can choose and place orders (" Orders") from variety of products displayed for sale by various shopmasters (" Shopmaster/s"), on the Platform and Bazoki enables delivery of such orders at select localities of serviceable cities across India (" Delivery Services"). The Platform Services and Delivery Services are collectively referred to as " Services". For the delivery services rendered, Bazoki may charge you delivery fee (inclusive of applicable taxes whenever not expressly mentioned)

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

The user/customer/you hereby understand/give consent/accept that Bazoki is a essential delivery services acting on your behalf to procure products from your local markets/merchants in order to provide you convinience services. Bazoki do not sale any of the product listed on the platform rather the products shown along with their prices in the platform are merely based upon the availability and price prevailing in your local market which is updated by the Bazoki Shopmaster assigned to your area from time to time.
Everytime you prefer to order any item listed in the platform/ app it indicates your intetion to procure that product from any of the nearest merchant and for that you are engaging Bazoki to do the job on your behalf as if you would have personally done the buying. In all your orders every efforts would be made to collect and deliver best quality of products however as Bazoki do not hold any inventory/ sells any product you shall not hold Bazoki Responsible for any quality related issue/ issues related to use and any experice of any product.
Upon your order Bazoki representative shall procure the products from the Local Merchant and deliver the products to you with the similar packaging (as it has been handed over by the local merchant) as you would also have received in case you would have purchased the same product from the same merchant.
Upon your order as Bazoki Representative procures the product from the local merchant, in almost all the time the local merchant do not provide any printed/hand written tax invoice (as in the case you buy from a local merchant who do not provide you any tax invoice unless you buy from a structured retail who issues you with a printed tax invoice) and as Bazoki do not sale any product to you, rather works as a personal shopping service for you, it is not possible for Bazoki to provide you with any Tax invoices however the transaction details available against your account in the Website/ Mobile Application/ Email as the case may be stands as a proof of record of any such product ordered by you and delivered by Bazoki.
In the event you are charged with any delivery fees/charges by Bazoki, the delivery charge includes applicable tax ( GST) in the cases whereas the Local Bazoki Shopmaster is liable to file GST returns and the said tax (GST) is submitted by Bazoki Shopmasters to the Concerned Tax Authority on a B2C head as the services is intended for an end user and Bazoki do not allows any option for the user to claim any input tax credit against their purchase. Bazoki Website/ App provides the GSTIN number of the shopmaster ( in case the shopmaster is GSTIN registered) in the orders where you are charged with any delivery charges.
You understand and accept that as the Bazoki Shopmaster/Distributor/Representative provides the convinience services to many a customers in your locality and receives quite a number of orders, they usually develop a good relation with the local merchants/vendor wherein they get some passback commission against channelising the orders to the merchant/vendor from where your orders are being fulfilled. The merchant/vendor( in case liable to submit GST returns) treats your order as it has comes directly from you and process their respective billing/ invoicing in B2C mode as it happens when you buy from a non-structured/ non-pos retail store.
All commercial/contractual terms are offered by and agreed to between Buyers and Merchants alone. The commercial/contractual terms include without limitation price, taxes, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. 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 Merchants. Bazoki may, however, offer support services to Merchants 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 Products/brands. You are advised to independently verify the bona fides of any particular Product/Brand 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 as the items placed by you in your order may not be readily available in the market. Bazoki cannot and does not guarantee that the concerned Buyers will receive all the items ordered 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 Virtual Market and assumes the role of facilitator, and does not at any point of time during any transaction come into or take possession of any of the products or services available in the market. 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 orders placed by Buyer.
Bazoki is only providing a platform to understand the local market products tentative availability and price and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Merchant and the Buyer. In case of complaints from the Buyer pertaining to Product efficacy, quality, or any other such issues, Bazoki shall notify the same to Merchant and shall also redirect the Buyer to the consumer call center (if any) of the Merchant.
Please note that there could be risks in dealing with underage persons or people acting under false pretence.

Bazoki - Use of the Website and Apps (Android and iOS)?

You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:
1. You shall not host, display, upload, download, modify, publish, transmit, update or share any information which belongs to another person and which you do not have any right to is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986 is misleading or misrepresentative in any way,is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual harasses or advocates harassment of another person involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming" promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity] promotes an illegal or unauthorized copy of another person's copyrighted work (see "copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses contains video, photographs, or images of another person (with a minor or an adult) tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users engages in commercial activities and/or sales without our prior written consent, or the buying or selling of products related to the Platform. Throughout these Terms of Use, Bazoki's prior written consent means a communication coming from Bazoki's Legal Department, specifically in response to your request, and expressly addressing and allowing the activity or conduct for which you seek authorization solicits gambling or engages in any gambling activity which is or could be construed as being illegal interferes with another user's use and enjoyment of the Platform or any third party's user and enjoyment of similar services refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
2. harm minors in any way;
3. infringes any patent, trademark, copyright or other intellectual property rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
4. violates any law for the time being in force;
5. deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
6. impersonate another person;
7. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
8. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any criminal offence or prevents investigation of any offence or is insulting any other nation;
9. is false, inaccurate or misleading;
10. directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or
11. creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers.
12. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or 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 prohibit any such activity.
13. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, "password mining" or any other illegitimate means.
14. You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or any other Buyer, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.
15. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name 'Bazoki', or otherwise engage in any conduct or action that might tarnish the image or reputation, of Bazoki or Shopmaster on platform or otherwise tarnish or dilute any Bazoki's trade or service marks, trade name and/or goodwill associated with such trade or service marks, 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 Bazoki's systems or networks, or any systems or networks connected to Bazoki.
16. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.
17. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Platform or any service offered on or through the Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
18. You may not use the Platform or any content on the Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of Bazoki and/or others.
19. You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to GST, income tax, octroi, central excise, custom duty, local levies) regarding your use of our service, purchase, solicitation of offers to purchase. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
20. In order to allow us to use the information supplied by you, without violating your rights or any laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with these Terms of Use and Privacy Policy applicable to use of the Platform.
21. You shall not engage in advertising to, or solicitation of, other users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials 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 investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
22. We reserve the right, but has no obligation, to monitor the materials posted on the Platform. Bazoki shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Bazoki’s views. In no event shall Bazoki assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
23. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
24. It is possible that other users (including unauthorized users or 'hackers') may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.
25. Bazoki shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services), hacking, pen testing attempts without our prior consent or a mutual legal agreement.
26. Account Registration or use of the Platform
27. You may access the Platform by registering to create an account (" Bazoki Account") and become a member (" Membership"); or 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 Account with Third Party Accounts, by either:
28. Providing your Third Party Account login information to us through the Platform; or
29. Allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
30. You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.
31. By granting us access to any Third Party Accounts, you understand that we will access, make available and store (if applicable) any content or information that you have provided to and stored in your Third Party Account (" SNS Content") so that it is available on and through the Platform via your Bazoki Account.
32. Unless otherwise specified in these Terms of Use, all SNS Content, if any, will be considered to be your content for all purposes of these Terms of Use.
33. Depending on the Third Party Accounts, you choose, and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Bazoki Account on the Platform.
34. Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Platform.
35. We will create your Bazoki Account for your use of the Platform services based upon the personal information you provide to us or that we obtain via an SNS, as described above. You may only have one Bazoki Account and not permitted to create multiple accounts. If found, you having multiple accounts, Bazoki reserves right to suspend such multiple account without being liable for any compensation.
36. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
37. We reserve the right to suspend or terminate your Bazoki Account and your access to the Services (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other users or us; and/or (iii) if you are found to be non- compliant with the Terms of Use.
38. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Bazoki Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Bazoki Account.
39. Goods and services purchased from the Platform are intended for your personal use and you represent that the same are not for resale or you are not acting as an agent for other parties.

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)

You can use the Platform for purchase of various medicines and pharmaceutical products from the pharmacy stores that requires a valid medical prescription issued by a medical expert/ doctor to be provided to a registered pharmacist for the purpose of dispensing such medicines and pharmaceutical products (“Prescription Drugs”), offered for display on the Platform by the Merchant. In order to purchase Prescription Drugs from the Merchant through the Platform, You 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 Merchant will verify the prescription uploaded by You and in case of the Merchant observes any discrepancy in the prescription uploaded by You, the order will be cancelled immediately. You are also required to make the original prescription available at the time of receipt of delivery of the Prescription Drugs. You shall allow the Delivery Partner to stamp the original prescription at the time of medicine delivery failing which medicines will not be delivered.
You understand and agree that Bazoki is merely a technology platform and the medicines and pharmaceutical products are sold to You by the Merchant. Bazoki shall not be held responsible in any manner for any error or omission or act committed on part of the Merchant.
You provide right to Bazoki to share copy of the prescription uploaded by You with the Shopmaster for verification of the prescription and for the Merchant to dispense the Prescription Drugs accordingly.
You agree and undertake that You will not repeat the use of prescription for which drugs have already been dispensed. In case, it is observed that You 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 You if You repeat the use of prescription to order Prescription Drugs through the Platform.
You agree and confirm that You are completely aware of the indications, side effects, drug interactions, effects of missed doses or overdose of the medicines You order through the Platform. It is imperative to seek professional advice from Your doctor before purchasing or consuming any medicine.
The Shopmaster/Bazoki may maintain a record of the prescriptions uploaded by the Users.

Specific Terms with respect to Use of Platform for purchase of Cigarettes and Other Tobacco Products

You agree and undertake that You will not use the Platform to purchase cigarettes and other tobacco products if you are below the age of 18 years.
The Concierge may request you to provide a valid age proof at the time of delivery of cigarettes and/other tobacco products, You agree and undertake to provide a valid age proof to the Concierge, if requested. If you fail to provide a valid age proof as requested by the Concierge, your order will be cancelled immediately.
You agree and undertake that You 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 place order bookings for FMCG & Grocery, Vegetables, Fruits, Non-Veg Items, Dairy & bakery, household products, processed food and beverages and any other catergory theta the company may intend to include or exclude from time to time (" Platform Services") and we will, subject to the terms and conditions set out herein, enable delivery of such order to you.
Bazoki do not own, sell, resell on its own and/or do not control the Merchants or the related services provided in connection thereof. You understand that any order that you place 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 may treated as confirmed.
However, upon your successful completion of booking an order, we may call you on the telephone or mobile number provided to confirm the details of the order, the price to be paid and the estimated delivery time. For this purpose, you will be required to share certain information with us, including but not limited to (i) your first and last name (ii) mobile number, (iii) Address with landmark and (iv) email address. It shall be your sole responsibility to bring any incorrect details to our attention.
In addition to the foregoing, we may also contact you by phone and / or email 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 Shopmaster. Please note change or confirmation of the order shall be treated as final. It is clarified that Bazoki reserves the right to not to process your order in the event you are unavailable on the phone at the time we call you for confirming the order and such event the provisions of the cancellation and refund policy below shall be applicable.
All payments made against the purchases/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 can pay at the time of delivery. You understand, accept and agree that the payment facility provided by Bazoki is neither a banking nor financial service. but is merely a facilitator receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure. 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 you on behalf of the Shopmaster. Upon your payment of amounts to us, which are due to the Shopmaster, your payment obligation to the Shopmaster for such amounts is completed, and we are responsible for remitting such amounts, to the Shopmaster. You shall not, under any circumstances whatsoever, make any payment directly to the Shopmaster for Order bookings made using the Platform.
You agree to pay us for the total amount for the order placed by you on the Platform. 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 order 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 collection of the total amount, and we disclaim all liability in this regard.
In connection with your order, you will be asked to provide customary billing information such as name, billing address etc. You agree to pay us for the order placed by you on the Platform, in accordance with these Terms, using of the methods described above. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by us or indirectly, via a third party online payment processor or by one of the payment methods described on the Platform. If you are directed to our third-party payment processor, you may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the Platform services.
The prices reflected on the Platform, including packaging or handling charges, are determined based on the market rate. Very rarely, prices may change at the time of placing order due to Shopmaster changing the Product 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 warrantee/guarantee of the products 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.

Cancellations ,Refunds & Returns

Cancellation

As a general rule as Bazoki Representative shops for you at the best rate and best quality from different mechants and as the products are mostly perishable, the shopmasters are not bound to return back any cancelled order by you. As a result you are not given with any cancellation option however the shopmaster may edit/cancel your order as per the market availabilility and you agree to accept the edited quantity. If you refuse to receive your order after it has been confirmed, Bazoki shall have a right to charge you cancellation fee of a minimum INR 75 upto the order value (inclusive of applicable taxes), with a right to either not to refund the order value or recover from your subsequent order, the complete/ deficit cancellation fee, as applicable, to compensate our Shopmasters and delivery partners. Bazoki shall also have right to charge you cancellation fee for the orders cancelled by Bazoki for the reasons specified in the cancellation and refunds policy. In case of cancellations for the reasons attributable to Bazoki or its Mercahnts, Shopmaster and delivery partners, Bazoki shall not charge you any cancellation fee.
However, in the unlikely event of an item on your order being unavailable, we will contact you on the phone number provided to us at the time of placing the order and inform you of such unavailability. In such an event you will be entitled to cancel the entire order and shall be entitled to a refund in accordance with our refund policy.
We reserve the sole right to cancel your order in the following circumstance:
in the event of the designated address falls outside the delivery zone offered by us;
failure to contact you by phone or email at the time of confirming the order booking;
failure to deliver your order due to lack of information, direction or authorization from you at the time of delivery; or
unavailability of all the items ordered by you at the time of booking the order; or
unavailability of any of the item ordered by you at the time of booking the order;

Refunds

You shall be entitled to a refund only if you pre-pay for your order at the time of placing your order on the Platform and only in the event of any of the following circumstances:
us cancelling your order due to (A) your delivery location following outside our designated delivery zones; (B) failure to contact you by phone or email at the time of confirming the order booking; or (C) failure to contact you by phone or email at the time of confirming the order booking; or
you cancelling the order at the time of confirmation due to unavailability of the items you ordered for at the time of booking.
Our decision on refunds shall be at our sole discretion and shall be final and binding.
All refund amounts shall be credited to your account within 3-4 business days in accordance with the terms that may be stipulated by the bank which has issued the credit / debit card/payment method opted by you.
In case of payment at the time of delivery, you will not be required to pay for:
wrong order being delivered; or
items missing from your order at the time of delivery.

Returns

As a general Rule you are suppose to check the product and its packaging at the time of delivery and you are not allowed to return a product under the following categories i.e. FMCG and Grocery, Vegetables, Fruits, Non-Veg Items, Packed food, Eatables, Cooked Food, Bakery & Dairy, Drinks & Beverages, Processed Food, House hold Items, Tobacco and related products, Medicines..
If you are willing to return the products or items purchased through our Platform, you can raise a request for return by clicking on Help section in the App/Platform only in the following circumstances:
The request for return can be placed only for the barcoded and / or sealed products. Return cannot be requested for the products under fruits and vegetables, fresh meat and flowers category.
Product / item was delivered in a physically damaged condition.
Product / item delivered was different from what was ordered unless explicitly confirmed by the Buyer.
Product / item is different from its description on the Platform
The process for return is as follows:
You have to raise a request for return by clicking on Help section in the App/Platform which will redirect your request to our Help/Contact Centre.
The Help/Contact Centre will evaluate whether the return is acceptable as per the criteria mentioned below. If the return request is rejected, the same will communicated to the Buyer through call or by an e-mail. If the return request is accepted, the Help/Contact Centre will assign the return task to the Concierge.
The return requests have to be placed within 24 (Twenty Four) hours of the product/item delivered.
The Concierge will pick up the product / item from you from the designated address where the product / item was delivered. The Concierge will attempt the pick-up twice in case the first attempt fails and if the second attempt for pick-up also fails due to the reason attributable to you, we shall cancel your return request.
If you seek a replacement of the product / item in event of the circumstances mentioned above, you need to raise a request for return as mentioned above wherein your request will be redirected to our Help/Contact Centre. Upon evaluating your request, our Help/Contact Centre will ask you for replacement of the product/item wherein you will have to opt for the replacement.
The criteria for accepting return and the TAT within which the return can be accepted is as follows:
The return will be acceptable only if:
The product / item is not tampered;
The product / item should be returned with original product package with all the contents in such package which were there at the time of delivery;
The return acceptance will be subject to Shopmaster Terms of acceptance;
The return request has been placed within 24 (Twenty Four) hours of the product/item delivered.

Terms of service

You agree and acknowledge that we shall not be responsible for:
The services or goods provided by the Shopmaster including, but not
limited, serving of products orders suiting your requirements and needs;
The Shopmaster's services or goods not being up to your expectations or leading to any loss, harm or damage to you;
The availability or unavailability of certain items; or
The Shopmaster serving the incorrect orders.
The details of the Products 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.
You may not be able to avail our Services if your 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 understand that delivery periods quoted to you at the time of confirming the order is an approximate estimate and may vary. We will not be responsible for any delay in the delivery of your order.
You order will be only delivered to the address designated by you at the time of placing the order on the Platform. We reserve the right to cancel the order, in our sole discretion, in the event of any change to the place of delivery and you shall not be entitled to any refund for the same. Delivery in the event of change of the delivery location shall be at our sole discretion.
You shall undertake to provide adequate directions, information and authorisations to accept delivery. In the event of any failure to accept delivery, failure to deliver within the estimated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you and you shall not be entitled to any refund for the same. Our decision in relation to this shall be final and binding.
You understand that our liability ends once your order has been delivered to you.

Services provided:

You confirm that we shall not be responsible for any deficiency in payment of consideration payable towards the goods purchased from the Services.
Each purchase on the Service shall contain necessary instructions to redeem the Services. The terms of the Services shall be governed by these Terms of Use and any other terms as set out in such document confirm such sale of Service. You shall not be entitled to receive any credit, refund or cash back for the value of the goods sold if you fail to redeem the goods within the expiry date or in accordance with the terms therein.
You agree and acknowledge that neither us nor the Shopmaster shall be liable in the event of you failing to adhere to the Terms of Use.
You might be required to provide your credit or debit card details to the approved payment gateways while making the payment. In this regard, you agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. You shall not use the credit/ debit card which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/ debit card. 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 credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.
We do not offer any refunds against goods 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, authorizations, 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 agree and grant permission to Bazoki to receive promotional SMS,Whatsapp, In App Notification, e-mails or any other medium to connect you from Bazoki or allied partners.
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 the actions of the Users of the Platform and specifically waive any claims that you may have in this behalf under any applicable laws of India. 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 to 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

The Platform May Be Under Constant Upgrades, And Some Functions And Features May Not Be Fully Operational.
Due To The Vagaries That Can Occur In The Electronic Distribution Of Information And Due To The Limitations Inherent In Providing Information Obtained From Multiple Sources, There May Be Delays, Omissions, Or Inaccuracies In The Content Provided On The Platform Or Delay Or Errors In Functionality Of The Platform. As A Result, We Do Not Represent That The Information Posted Is Correct In Every Case.
We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards.
You acknowledge that third party services are available on the platform. we may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to you. However, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party's services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. you hereby disclaim and waive any rights and claims you may have against us with respect to third party's / shopmasters services.
Bazoki disclaims and all liability that may arise due to any violation of the food safety and standards act, 2006 and applicable rules and regulations made thereunder and such liability shall be attributable to the shopmaster.
While the materials provided on the platform were prepared to provide accurate information regarding the subject discussed, the information contained in these materials is being made available with the understanding that we make no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, we do not, in any way, endorse any service offered or described herein. In no event shall we be liable to you or any third party for any decision made or action taken in reliance on such information.
The information provided hereunder is provided "as is". We and / or our employees make no warranty or representation regarding the timeliness, content, sequence, accuracy, effectiveness or completeness of any information or data furnished hereunder or that the information or data provided hereunder may be relied upon. Multiple responses may usually be made available from different sources and it is left to the judgement of users based on their specific circumstances to use, adapt, modify or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving us as well as our consultants, business associates, affiliates, business partners and employees from any kind of professional liability.
We shall not be liable to you or anyone else for any losses or injury arising out of or relating to the information provided on the platform. In no event will we or our employees, affiliates, authors or agents be liable to you or any third party for any decision made or action taken by your reliance on the content contained herein.
In no event will we be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any third party or shopmaster accessed through the platform, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages.

Intellectual property

We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the platform, and in the material published on it.
You may print off one copy, and may download extracts, of any page(s) from the platform for your personal reference and you may draw the attention of others within your organisation to material available on the platform.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not use any part of the materials on the platform for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of the platform in breach of these terms of use, your right to use the platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Treatment of information provided by you

We process information provided by you to us in accordance with our privacy policy.

Third party content

We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
You acknowledge that when you access a link that leaves the platform, the site you will enter into is not controlled by us and different terms of use and privacy policy may apply. By assessing links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links to and / or from third-party sites to the platform, although we are under no obligation to do so.
Severability?if any of these terms of use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms of use are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining terms of use shall survive, remain in full force and effect and continue to be binding and enforceable.

Non-assignment?you shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
Governing law and dispute resolution?these terms of use are governed by the laws of india. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this platform, shall be subject to the jurisdiction of the courts at bangalore, india.

Ip notice and take down policy

Bazoki has put in place ip notice and take down policy (" take down policy") so that intellectual property owners could easily report listings that infringe their right to ensure that infringing products are removed from the site, as they erode buyer and good seller trust.
Only the intellectual property rights owner can report potentially infringing products or listings through take down policy by way of notice of infringement in the specified format. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us. ?(note: Bazoki does not and cannot verify that shopmasters have the right or ability to sell or distribute their listed products. However, Bazoki is committed ensure that item listings do not infringe upon intellectual property rights of third parties once an authorized representative of the rights owner properly reports them to Bazoki.)

Contact us: please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this platform. support@bazoki.com in accordance with information technology act, 2000 and rules made there under, the contact details of the grievance officer are provided below: Grievance Officer, BAZOKI Retail Services Private Limited, 113 Park Street, Poddar Point, North Block, 10^th Floor, Kolkata 700016 email: support@bazoki.com time: mon – fri (10:00 - 18:00)

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, 10^th 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:

belongs to another person and which you do not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
is misleading or misrepresentative in any way;
is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
promotes an illegal or unauthorized copy of another person's copyrighted work (see “copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
contains video, photographs, or images of another person (with a minor or an adult);
tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of products related to the Platform. Throughout these Terms of Use, Bazoki’s prior written consent means a communication coming from Bazoki’s Legal Department, specifically in response to your request, and expressly addressing and allowing the activity or conduct for which you seek authorization;
solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
interferes with another user’s use and enjoyment of the Platform or any third party’s user and enjoyment of similar services;
refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
harm minors in any way;
infringes any patent, trademark, copyright or other intellectual property rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
violates any law for the time being in force;
deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any criminal offence or prevents investigation of any offence or is insulting any other nation;
is false, inaccurate or misleading;
directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or
creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers.
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or 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 prohibit any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, “password mining” or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or any other Buyer, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name ‘Bazoki or Bazoki Shopmaster’, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Bazoki or Shopmaster on platform or otherwise tarnish or dilute any Bazoki’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, 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 Bazoki’s systems or networks, or any systems or networks connected to Bazoki.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Platform or any service offered on or through the Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Platform or any content on the Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of Bazoki and/or others.
As a shopmaster, you shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to Goods and Service Tax, income tax, octroi, central excise, custom duty, local levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. It is clarified that Shopmasters listed shall obtain the licenses necessarily applicable to carrying out sale of such products or services offered for sale by them on the Platform and shall ensure all such licenses are valid and subsisting at all times.
In order to allow us to use the information supplied by you, without violating your rights or any laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with these Terms of Use and Privacy Policy applicable to use of the Platform.
From time to time, you shall be responsible for providing and updating on our Platform, information relating to your name, phone number, email address, residence address or any other information as required to provide services to you. In this connection, you undertake that all such information shall be accurate in all respects.
You shall not engage in advertising to, or solicitation of, other users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials 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 investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
We reserve the right, but has no obligation, to monitor the materials posted on the Platform. Bazoki shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Bazoki’s views. In no event shall Bazoki assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
It is possible that other users (including unauthorized users or ‘hackers’) may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Platform you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.
Bazoki shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services), hacking, pen testing attempts without our prior consent or a mutual legal agreement.

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:

providing your Third Party Account login information to us through the Platform; or
allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.
By granting us access to any Third Party Accounts, you understand that we will access, make available and store (if applicable) any content or information that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Platform via your Bazoki Account.
Unless otherwise specified in these Terms of Use, all SNS Content, if any, will be considered to be your content for all purposes of these Terms of Use.
Depending on the Third Party Accounts, you choose, and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Bazoki Account on the Platform.
Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Platform.
We will create your Bazoki Shopmaster Account for your use of the Platform services based upon the personal information you provide to us or that we obtain via an SNS, as described above. You may only have one Bazoki Shopmaster Account and not permitted to create multiple accounts. If found, you having multiple accounts, Bazoki reserves right to suspend such multiple account without being liable for any compensation.
You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
We reserve the right to suspend or terminate your Bazoki Shopmaster Account and your access to the Services (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other users or us; and/or (iii) if you are found to be non- compliant with the Terms of Use.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Bazoki Shopmaster Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Bazoki Shopmaster Account.
Products and services purchased from the Platform are intended for Customers personal use and Customer represent that the same are not for resale or Customer are not acting as an agent for other parties.

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:

In the event of the designated address falls outside the delivery zone offered by us;
Failure to deliver your order due to lack of information, direction or authorization from customer at the time of delivery; or
Failure to pickup your order due to lack of information, direction or authorization from you at the time of pickup; or
Unavailability of all the items ordered to you at the time of booking the order; or
Failure due to reasons beyond our control or attributable to the Customer or the Concierge Service Provider.
In the event, we are unable to find a Concierge to perform the assigned task at given point of time.

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.