For the purposes of this Agreement, wherever the context so requires “you” or “User” shall mean any person including any natural or legal person who uses the Platform or buys any product of Beunosh using any computer system or other device including but not limited to any mobile device, handheld device and tablet and “RE” or “we” shall mean “Rroyal Elephants (firm name), Beunosh (brand name), www.beunosh.com.The terms ‘we’, ‘us’ and ‘our’ refers to the firm/company, its affiliates and assignees and the term ‘you’ refers to any person procuring products/services from any supplier through the site. Persons means any natural person, firm, company, joint venture, association, partnership, limited liability partnership, society or other entity (whether or not having separate legal personality). Words denoting singular in this T&Cs means plural and vice versa. Words denoting one gender means any applicable gender.
ELIGIBILITY & USAGE
Our site and products & services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 may use this site and our products/ services only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities.
You warrant to us that you will not purchase any products through the site which may be harmful based on your allergies (including, without limitation, allergies to peanuts) and/or other medical conditions. You warrant to us that you will properly investigate whether the ingredients of a particular product are suitable for you.
The Company reserves the right to list products on the site based on the criteria listed in our site. We screen products based on the ingredient list & certifications products by the manufacturer/vendor.
All products listed on the site will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. Although prices of most of the products do not fluctuate on a daily basis but some of the commodities and fresh food prices do change on a daily basis. In case the prices are higher or lower on the date of delivery, no additional charges will be collected or refunded as the case may be at the time of the delivery of the order. All products are manufactured in Pune, India.
The Company may assign, or require that you have, a password and a username to enable you to use and access certain portions and features of this site. Keep your password secure. You are fully and solely responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality and/or to restrict access to your computer. You will be solely responsible for activities by anyone using the account or password assigned to you, including without limitation, all communications and transmissions and all financial obligations incurred through the use of our site.
You agree to immediately notify the Company of any unauthorized use of your password and/or account identification/username or any breach of security. You also agree that the Company cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
The Company reserves the right to refuse service to anyone for any reason, terminate accounts, remove or edit content, limit, condition or cancel orders in its sole and absolute discretion. Without limiting the foregoing, Company may, but is not required to, impose transaction limits on some or all Buyers and Sellers relating to the value of any transaction or disbursement, the cumulative value of all transactions or disbursements during a period of time, or the number of transactions per day or other period of time. The Company will not be liable to any Buyer: (i) if Company does not proceed with a transaction or disbursement that would exceed any limit established by us for a security reason or (ii) if Company cancels from a transaction.
LICENSE & SITE ACCESS
The Company grants you a limited sub-license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Company. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the site or of the Company and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing the site’s or Company’s name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company.
LINKS TO THIRD PARTY SITES
We claim trademark and copyrights on all site graphics, logos, designs, page headers, button icons, scripts, and service names the Company in India and/or other countries irrespective of whether trademark has yet been granted to us or not site trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Users shall not use our graphics, logos, content, appearance, design, functionality and any other aspects of the site in any manner that could cause confusion or could disparage or discredit the Company.
Other than user uploaded content, all content included on the site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and is protected by copyright laws. The compilation of all content on the site is the exclusive property of the Company and protected by India and international copyright laws.
YOU MAY NOT USE THE SITE FOR ANY OF THE FOLLOWING PURPOSES:
Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice. Gaining unauthorized access to other computer systems. Interfering with any other person’s use or enjoyment of the site. Breaching any applicable laws; Interfering or disrupting networks or web sites connected to the site. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
VARIANTS & PRODUCT SIZE
we have made every effort to display the variants, colors and sizes of our products that appear on the site as accurately as possible. However, as the actual colors/size you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color/size will be accurate.
REVIEWS & COMMENTS
Users may post reviews on the site. Anything that you submit or post to the site and/or provide us (the “submissions”), is and will be treated as non-confidential and non-proprietary, and you grant us a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, modify, create derivative works from such submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such submissions. You may edit or delete such submissions using the tools provided to you by us on the site.
In addition, when you post submissions to the site, you also grant us the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the submissions that you post on our site and that use of your reviews, comments, or other submissions by us will not infringe upon or violate the rights of any third party.
You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us, our affiliates or third parties as to the origin of any submissions. We have the right, but shall not be obligated to, remove or edit any submissions for any reason in its sole and absolute discretion.
SHIPPING & DELIVERY
please see Shipping & Delivery Policy.
CANCELLATION, RETURN AND REFUND
Please see Cancellation, Return and Refund Policy.
If a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from a Seller, Company has the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If the order has been cancelled or refused after a credit card has been charged for the purchase, Company will issue a refund for the transaction amount after deducting transaction charges laid by the respective payment gateway partner.
You will release, indemnify, defend and hold harmless RE and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) your violation of any provision of this Agreement including the breach of your warranties, representations and obligations under this Agreement by you; (2) your use of the Platform, Products or offers; (3) infringement of any intellectual property or other proprietary right of any person or entity including RE by you; or (4) any information or data supplied to RE by you. When RE is threatened with suit or sued by a third party, RE may seek written assurances from you concerning your promise to indemnify RE; your failure to provide such assurances may be considered by RE to be a material breach of this Agreement. RE will have the right to participate in any defense by you of a third-party claim related to your use of the Platform, Products or offers, with a counsel of RE’s choice at its expense. RE will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend RE against any claim, but you must receive RE prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Platform or Products.
DISCLAIMER OF WARRANTIES
Your use of this Platform is at your sole risk. The Platform, Products and offers are offered on an “as is” and “as available” basis. To the extent permitted under applicable laws, RE 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 Platform, or any reliance upon or use of the Platform or Products.
Without limiting the generality of the foregoing, RE makes no warranty that the content and the links to third-party platforms provided on this Platform are accurate, reliable, complete, or timely.
No advice or information, whether oral or written, obtained by you from this Platform will create any warranty, not expressly stated herein, as to the results that may be obtained from the use of the Products or that any defects in the Products will be corrected.
LIMITATION OF LIABILITY
The entire liability of RE and your exclusive remedy, in law, in equity, or otherwise, with respect to the use of Platform, Products, offers and/or for any breach of this Agreement is solely limited to the amount you paid in last one month from any such claim arising, less shipping and handling costs and taxes, for Products purchased via the Platform.
To the extent permitted under applicable laws, RE will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this Agreement or the use of Platform, Products and offers in any manner, including liabilities resulting from (1) the use or the inability to use the Platform, Products or offers; (2) the cost of procuring substitute Products; or (3) any lost profits, loss of goodwill, loss, theft or corruption of user information that you may allege.
RE reserves the right to amend this Agreement at any time, in accordance with applicable law, by posting such amendments or the amended Agreement on this Platform.
RE may alert you of the amendments by indicating on the top of this Agreement the date it was last revised or by any other means. The amended Agreement will be effective immediately after it is posted on this Platform. Your use of the Platform following the posting of any such amendments will constitute continued acceptance of the Agreement including the amendments thereof.
You agree that we may, with or without cause, immediately terminate your account and access to our site and Services without prior notice. Without limiting the foregoing, the following may lead to the termination by the Company of a user’s use of the site and the Services: (a) breaches or violations of the T&Cs or other incorporated documents, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), and (d) unexpected technical issues or problems. Termination of your site account includes (without liability to the Company): (i) removal of access to all offerings within the site and the Services, (ii) possible barring you from further use of our site and Services, and (iii) revoking all password(s) and usernames issued to or chosen by you. Furthermore, you agree that all terminations shall be made in our sole discretion and that we shall not be liable to you nor to any third-party for any termination of your account or access to our site and Services.
Any termination of access or of the T&Cs shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on our site or in connection with the products &services any materials that violate another party’s intellectual property rights. Copyright Infringement is not intended of any sorts, however we sometimes may use third party images to refer or showcase our products. When we receive proper Notification of Alleged Copyright Infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act.
If you believe that any content on the site may give rise to copyright infringement, please provide the company with the written information specified below.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest. A description of the copyrighted work that you claim has been infringed upon; A description of where the material that you claim is infringing is located on the site, including the product name, if applicable; Your address, telephone number, and e-mail address; A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please send notices to [email protected]
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
RESOLUTION OF DISPUTES AND RELEASE
In the event a dispute arises between you and the company, please contact us at [email protected]
Should you have a dispute with one or more users, a Seller, or an outside party, you release the Company (and the Company’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Company, for the benefit of users, may try to help users resolve disputes. We do so in our sole discretion, and we have no obligation to resolve disputes between users or between users and outside parties. To the extent that we attempt to resolve a dispute, we will do so in good faith based solely on our policies. We will not make judgments regarding legal issues or claims.
If any provision of these T&Cs is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision shall be excluded from these T&Cs and the remainder of the T&Cs shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided, however, that in such event these T&Cs shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
RE 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, pandemic, lockdown conditions, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation
RE may at any time, in it’s sole discretion and without advance notice, stop the operation of the Platform and/or distribution of the Products and/or the offers provided on the Platform.
This Agreement including the policies and guidelines included herein by reference comprise the entire agreement between you and RE and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver
The failure of RE to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law and Jurisdiction
This Agreement will be governed by the laws of India and shall be subject to the exclusive jurisdiction of courts in Pune, Maharashtra.
If any dispute arises between you and RE during your use of the Platform or thereafter, the dispute shall be referred to a sole arbitrator, who shall be appointed by an independent and neutral third party arbitral institution identified by RE. The place of arbitration shall be Pune, Maharashtra. The arbitration proceedings shall be in the English language and shall be governed by Arbitration & Conciliation Act, 1996.
This arbitration agreement will survive the termination of this Agreement with you.
Waiver of Class Action Rights
By entering into this Agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.
RE reserves the right to terminate your access to the Platform without advance notice if it reasonably believes, in it’s 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 Platform and RE may, in it’s sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Platform is terminated. RE reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Platform. This Agreement will survive indefinitely unless and until RE chooses, in it’s sole discretion and without advance notice to you, to terminate it.
Use of Platform outside Operating Locations
RE makes no representation that the Platform or Products or offers are appropriate or available for use in locations other than the Operating Locations.
You may not assign your rights and obligations under this Agreement to anyone. RE may in accordance with applicable law assign it’s rights and obligations under this Agreement in it’s sole discretion and without advance notice to you.
If you have any questions, kindly contact us at [email protected] or call +919960066891or +919970063663
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 electronic record is generated by a computer system and does not require any physical or digital signatures.