Terms and Conditions of use
Bluenest Innovations Private Limited
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 from time to time.
Bluenest.biz (hereinafter referred to as the “Website”) is owned and operated by the Bluenest Innovations Private Limited, a company incorporated under the Companies Act, 1956, having its Registered Office at Mumbai, (hereinafter referred to as the “Company”) which expression shall it unless be repugnant to the context or meaning thereof, include its successors and assigns.
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use immediately.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
In this Agreement (as defined hereinafter), “Company” and “User” have been collectively referred to as “Parties” and individually as “Party”.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING:
1. ASSENT AND ACCEPTANCE
By using this Website, you warrant that you have read and reviewed these Terms of Service and that you agree to be bound by it. If you do not agree to be bound by these Terms of Service, kindly leave the Website immediately. The Company only agrees to provide use of this Website and services to you if you assent to these Terms of Service. Further, based on the services obtained by a User, additional terms and conditions in respect of the specific services may apply, which shall be deemed an agreement between the Users and the Company.
2. AGE RESTRICTION
You must be at least 18 (eighteen) years of age to use this Website or any services contained herein. The Company assumes no responsibility or liability for any misrepresentation of your age. All users who are minors must have the permission of, and be directly supervised by, their parent or guardian to use the Site and have your parent or guardian read and agree to these Terms and Conditions prior to you using the Site. You represent and warrant that you are at least 18 years of age and may legally agree to these Terms of Service.
3. ABOUT THE SITE
The Website is an online store which carries out sale of the products listed on the website. We reserve the right to use service or refuse to sell the products on the Website at our sole discretion to anyone for any reason at any time.
The Website does not screen or censor the users who register on and access the Website. You assume all risks associated with dealing with other users with whom you come in contact through the Website. You agree to use the Website only for lawful purposes without infringing the rights or restricting the use of this Website by any third party.
4. YOUR ACCOUNT
You agree that any use on the site is at your own risk and that We are not responsible for it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
5. INTELLECTUAL PROPERTY
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Site for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
6. USER REPRESENTATIONS
By using the Site, you represent and warrant that:
- all registration information you submit will be true, accurate, current, and complete;
- you will maintain the accuracy of such information and promptly update such registration information as necessary;
- you have the legal capacity and you agree to comply with these Terms and Conditions;
- not a minor in the jurisdiction in which you reside,
- you will not use the Site for any illegal or unauthorized purpose;
- your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
7. USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
8. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:
- systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
- use a buying agent or purchasing agent to make purchases on the Site.
- use the Site to advertise or offer to sell goods and services.
- circumvent, disable or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- engage in unauthorized framing of or linking to the Site.
- trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
- make improper use of our support services or submit false reports of abuse or misconduct.
- engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- attempt to impersonate another user or person or use the username of another user.
- sell or otherwise transfer your profile.
- use any information obtained from the Site in order to harass, abuse, or harm another person.
- use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise.
- decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site.
- attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- delete the copyright or other proprietary rights notice from any Content.
- upload or transmit (or attempt to upload or to transmit) viruses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Site.
- except as may be the result of standard search engine or Internet browser usage, use, launch, develop or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- use the Site in a manner inconsistent with any applicable laws or regulations.
9. GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:
- you should have first-hand experience with the person/entity being reviewed;
- your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
- your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
- your reviews should not contain references to illegal activity;
- you should not be affiliated with competitors if posting negative reviews;
- you should not make any conclusions as to the legality of conduct;
- you may not post any false or misleading statements;
- you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
11. THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements.
Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
13. SITE MANAGEMENT
We reserve the right to:
- monitor the Site for violations of these Terms and Conditions;
- take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
- in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
- in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
- otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
You understand that each time you use the Website in any manner, you agree to these Terms. By agreeing to these Terms, you acknowledge that you are interested in availing and purchasing the services that you have selected and consent to receive communications via phone or electronic records from the Website including e-mail messages telling you about products and services offered by the Website or its affiliates and partners, and understanding your requirements. Communication can also be by posting any notices on the Website. You agree that the communications sent to you by the Website shall not be construed as spam or bulk under any law prevailing in any country where such communication is received.
15. PRIVACY INFORMATION
The information we learn from customers helps us personalise and continually improve your shopping experience at Bluenest.biz. We use your information to assist sellers in handling orders, deliver products and services, process payments, communicate with you about orders, products, services and promotional offers, update our records and generally maintain your accounts with us, display content such as wish lists and customer reviews and recommend merchandise and services that might be of interest to you. We also use this information to improve our platform, prevent or detect fraud or abuses of our website and enable third parties to carry out technical, logistical or other functions on our behalf. The following types of information we gather:
Information You Give Us – We receive and store any information you enter on our website or give us in any other way. You can choose not to provide certain information but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customising future shopping for you, improving our platform, and communicating with you.
Automatic Information – We receive and store certain types of information whenever you interact with us. For example, like many websites, we use “cookies” and we obtain certain types of information when your Web browser accesses Bluenest.biz or advertisements and other content served by or on behalf of Bluenest.biz on other Web sites. We may also receive/store information about your location and your mobile device, including a unique identifier for your device. We may use this information for internal analysis and to provide you with location-based services, such as advertising, search results, and other personalized content.
E-mail Communications – To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from Bluenest.biz if your computer supports such capabilities. We also compare our customer list to lists received from other companies in an effort to avoid sending unnecessary messages to our customers. If you do not want to receive e-mail or other mail from us, you may choose to disable cookies in your web browser.
Information from Other Sources – We might receive information about you from other sources and add it to our account information.
We may be required to share the aforesaid information with government authorities and agencies for the purposes of verification of identity or for prevention, detection or investigation, including of cyber incidents, prosecution and punishment of offences.
16. ASSUMPTION OF RISK
The Website and Services are provided for communication purpose only. You acknowledge and agree that any information posted on our Website is not intended to be legal advice, medical advice or financial advice and no fiduciary relationship has been created between you and the Company. You further agree that your purchase of any of the products on the Website is at your own risk. The Company does not assume responsibility or liability for any advice or other information given on the Website.
17. DATA LOSS
The Company does not accept responsibility for the security of your account or content. You agree that your use of the Website or services is at your own risk.
You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Website or services, your breach of these Terms of Service or your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.
19. SPAM POLICY
You are strictly prohibited from using the Website or any of the Company’s services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
20. SERVICE INTERRUPTIONS
The Company may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
When you register for any of the paid services on this website or purchase any product or service on this website, you agree to pay us the specific monetary amounts required for that product or those services. The final amount required for payment will be shown to you immediately prior to purchase. We reserve the right to refuse service or refuse to sell the products on the Website at our sole discretion to anyone for any reason at any time.
22. CREDIT CARD USE
In a credit/debit card transaction you must use your own credit/debit card. Bluenest.biz will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to “prove otherwise” will be exclusively on the user. You further agree and undertake to provide the correct and valid credit card details to Bluenest.biz.
23. TERMS, TERMINATION AND SUSPENSION
The Company may terminate these Terms of Service with you at any time for any reason, with or without cause. The Company specifically reserves the right to terminate these Terms of Service if you violate any of the terms outlined herein, including but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations. If you have registered for an account with us, you may also terminate these Terms of Service at any time by contacting us and requesting termination. Please keep in mind that any outstanding fees will still be due even after termination of your account. At the termination of these Terms of Service, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
Your use of this website and/or products are at your sole risk. The website and products are offered on an “as is” and “as available” basis. We expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the products or website content, or any reliance upon or use of the website content or products. (“products” include trial products.)
Without limiting the generality of the foregoing, Bluenest.biz makes no warranty:
- that the information provided on this website is accurate, reliable, complete, or timely.
- that the links to third-party websites has the information that is accurate, reliable, complete, or timely.
- no advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein.
- as to the results that may be obtained from the use of the products or that defects in products will be corrected.
- regarding any products purchased or obtained through the website.
There are certain risks in using any information, software, or products found on the internet, Bluenest cautions you to make certain that you completely understand these risks before retrieving, using, relying upon, or purchasing anything via the internet. If you are an individual and not a company you further acknowledge and undertake that you will use the website to order products only for your personal use and not for business purpose.
Visitors to this website assume all responsibility and risk for the use of this website. Information published on this website is provided without charge as a convenience to visitors, to be used for informational purposes only.
26. LIMITATION OF LIABILITY
Our entire liability and your exclusive remedy in law, in equity or otherwise with respect to the website content and products and/or for any breach of this agreement is solely limited to the amount you paid, for products purchased via the website. Bluenest.biz will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from:
- the use or the inability to use the website content or products;
- any products purchased or obtained or transactions entered into through the website.
27. USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
28. CANCELLATION OF ORDER
Bluenest.biz reserves the right to cancel any order without any explanation for doing so, under situation where Bluenest.biz is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the Bluenest.biz policy or for any other reason. However, the Company will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund will be made in reasonable time. If the User is not responding to our calls, emails or via any communication within the 7 days from date of purchased then We have right to cancel any order without any explanation.
29. REPLACEMENT POLICY
In the event you seek replacement of a Product as a result of a defect in the Product or if you have received damaged Product, you shall notify us within seven (7) days from the date of receipt of the shipment containing the Product. The intimation to us will only be through a token raised on the website. No other mode of communication, including but not limited to emails, telephone, What’sApp shall be considered as a valid intimation under this Section and we shall not be liable to take cognisance thereof and replace the Product.
If the Product is broken, the token raised on the website should be supported with proper and clear images of the Product showing the breakage. On receipt of the token, our support team shall call you back for further information and assess your grievance. After assessing the authenticity of the grievance, we shall process the replacement. The decision to allow replacement shall be entirely ours and no disputes shall be raised on the validity thereof. In case of replacement of a Product no discount shall be applicable. In the event, the replacement of the Product is not possible because of non-availability of an alternative, We shall refund the full amount of the Product. No representations are made regarding the time that may be required for replacement of the Product.
The cost of logistics for replacement of the Product shall be borne by us.
30. COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below. A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.
There may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to the Site, including descriptions, pricing, availability and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information on the Site at any time, without prior notice.
32. GENERAL PROVISIONS
- Language: All communications made or notices given pursuant to these Terms of Service shall be in the English language.
- Severability: If any part or sub-part of these Terms of Service is held invalid or unenforceable by a Court of Law or competent Arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of these Terms of Service shall continue in full force.
- Headings for convenience only: Headings of parts and sub-parts under these Terms of Service are for convenience and organization only. Headings shall not affect the meaning of any provisions of these Terms of Service.
- No agency, partnership or joint venture: No agency, partnership or joint venture has been created between the parties as a result of these Terms of Service. No party has any authority to bind the other to third parties.
- Force Majeure: Bluenest.biz will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
- Cessation of Operation: Bluenest.biz may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
- Entire Agreement: This Agreement comprises the entire agreement between you and the Company and supersedes any prior agreements pertaining to the subject matter contained herein.
- No Waiver: In the event that we fail to enforce any provision of these Terms of Services, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of these Terms of Service will not constitute a waiver of any other part or sub-part.
- Statute of Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose.
- Termination: The Company reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Bluenest.biz may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Bluenest.biz reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Bluenest.biz chooses, in its sole discretion and without advance to you, to terminate it.
- Domestic Use: The Company makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable laws.
- Electronic communications permitted: Electronic communications are permitted to both parties under these Terms of Service, including e-mail or fax. For any questions or concerns, please email us at the following address – email@example.com.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.