Website and Apps are individually and/or collectively referred hereinafter as “Portal”.
The Website is owned by Bohni Tech Private Limited (hereinafter referred to as Company), having its registered office at 615/2, 24th cross, 1st main, Maruthi Nagar, Yelahanka, Bangalore 560064.
Throughout this document, We, us, Our, Ours refer to Bohni Tech Private Limited (www.boni.co.in). Wherever We have said ‘You’ or ‘Your’, this means YOU, any natural or legal person who has agreed to become a Vendor on Website/Apps by providing data while registering as a registered user (Vendor).
Your use of the Portal is governed by these terms & conditions of use (Terms and Conditions) together with the following policies (“Policies”):
By mere use of the Portal, You shall be entering into a legally enforceable contract with Us and accept these Terms and Conditions and Policies.
When You sell Products as hereinafter defined through the Portal, You will be subject to these Terms & Conditions.
NOTIFICATION OF CHANGES
The Terms & Conditions of use are subject to change at any time without notice. Please review them periodically to make sure that You are aware of all the changes incorporated. The updated Terms and Conditions are uploaded at our Website www.boni.co.in.
USER ACCOUNT, PASSWORD, AND SECURITY
Your use of the Portal makes it Your responsibility to maintain the confidentiality of the personal details (including but not limited to user id and password) that You provide to register Your membership account and all the activities that occur through said account.
In case of any misrepresentations or untrue information on Your behalf, We reserve the right to indefinitely suspend or terminate or block access of Your membership account on the Portal. You agree to immediately inform Us any unauthorized use / breach of Your password or account and confirm that You log out of Your account at the end of each session.
The Portal provides several internet-based services, including (but not limited to):
- providing You a virtual market platform for sale of Your merchandise or services such as below, (collectively, Products):
|Street food/fast food/snacks||Fruits/Vegetables|
|Other products or services|
- Providing SaaS tools and software such as Point of Sale, inventory management, subscription management, etc.
- Marketing tools such as push notifications, offers, loyalty programs, WhatsApp marketing.
Ecosystem partner provided services such as delivery, credit, insurance, etc.
You agree, appreciate, and acknowledge that We are an online Website/Apps/channel that allows You to sell Products listed on the Portal at the price showed therein at any time. You further agree and acknowledge that the Company is only an organizer and is not and cannot be a party to or regulate in any manner any transactions with Purchaser or customer (“Purchaser”) of Products ordered/agreed by using the Website.
The Products can be sold on the Portal through various methods of payments offered. The sale of Products may additionally be governed by specific conditions, which may be displayed with that Product.
We do not warrant that Product portrayal or other content on the Portal is precise, complete, reliable, up-to-date, or error-free and undertakes no liability in this regard.
Portal to facilitate the Transactions:
- No Liability Portal
You acknowledge that the Portal is only facilitating transactions between You and Purchasers for sale or supply of Products. It is made clear to You that We are not and cannot be a party to or control in any manner any transaction between the users of the Portal (“Users”). Henceforward:
- All commercial/contractual terms are offered by and agreed to between Purchasers and Vendors alone. We do 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 its Users. We do not make any representation or warranty as to specifics features (such as quality, value, salability, etc.) of the Products on the Portal. We are not responsible for any non- performance or breach of any contract entered between its Users. At no time shall We hold any right, title or interest over the Products, nor shall We have any obligations or liabilities in respect of such contract entered into between Users.
- The Portal is only an online platform/channel that can be utilized by Users to reach a larger base to sell and buy Products and is a means to communicate for such transactions. It is agreed that the contract for sale of any of the Products or Services shall be a strictly bipartite contract between the Vendor and Purchasers. We are not responsible for unsatisfactory or delayed performance by You or damages or delays because of Products which are out of stock, unavailable or back ordered or non-payment or cancellation of transaction by Purchaser.
- We are providing the Portal to Users without consideration, and We are not privy to the transactions between Purchaser (s) and Vendor(s).
- We reserve the right to cancel any order that classify as 'Bulk Orders' (Products ordered are not for self-consumption but for commercial resale/ Multiple orders placed for same product at the same address) under certain criteria at any stage of the product delivery without any liability.
- You shall defend, release, and indemnify us and/or any of our officers and representatives from any cost, damage, liability, claims or other consequence of any of the actions or omissions of the Users (including You) without regard to the negligence, gross negligence and willful misconduct by us or our officers and representatives and specifically waive any claims that You may have in this behalf under any applicable law or otherwise.
User Conduct and Obligations:
You agree, undertake, and confirm that Your use of the Portal shall be strictly governed by the following binding principles:
- You shall not host, display, upload, modify, publish, transmit, update or share any information that belongs to another person and to which You do not have any right or is misleading in any way or involves the transmission of junk mail , chain letters , or unsolicited mass mailing or spamming or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous or 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 or contains video, photographs, or images of another person (with a minor or an adult), or interferes with another User’s use and enjoyment of the Portal or violates any law for the time being in force.
- You do not have any right to cancel an order placed to You through the Portal.
- You shall not use the Portal for any unlawful and deceitful purposes.
- You shall not misinform or misrepresent us or Users in any manner.
- You shall not attempt to gain unauthorized access to any portion or feature of the Portal by hacking, password mining or any other illegitimate means.
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic and international laws with respect to Your use of Portal and your listing, sale, solicitation of offers for sale of Products.
- From time to time, You shall be accountable for providing information relating to the Products proposed to be sold by you. Regarding that the You must undertake that all such information shall be correct in all respects. You shall not overstate or over emphasize the features of such Products to mislead other Users in any manner.
- The content posted on Portal does not reflect our views. In no event shall We 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 content. We are not liable for User's feedback on the Portal for the Products offered by You. You hereby represent and warrant that they have all necessary rights in and to all content which they provide and all information it provides on Portal.
- You shall verify the genuineness of any order received through Portal and shall not hold us liable for any claim arising therefrom.
- We hereby disclaim any guarantees of correctness or execution of the proposed or final order by the User.
Contents Posted on Website
Disclaimer of Warranties and Liability
All the resources (including but not limited to software) and Products, included on or otherwise made available to You through the Portal are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to anything above, We do not warrant that the Portal shall be always available, or accessible at all times or the information on Portal is whole, accurate, true or non-deceptive. All the Products sold on Website are governed by different state laws and it is the Your responsibility to check these implications of different state laws prior to the promise of sale.
As a registered Vendor, You expressly agree that Your use of the Portal is at Your sole risk. You can enlist Products for sale on the Portal consistent with these Terms & Conditions. You must be legally able to sell the Products You list for sale on the Portal. You must ensure that the listed Products do not invade upon the intellectual property, trade secret or other exclusive rights or promotional rights or privacy rights of the Company, other Users or any third parties. Listings may only include text descriptions, graphics and pictures that describe the Products for sale in a non-deceptive manner and must be listed in an appropriate category. You may not use any meta tags or any other “hidden text” utilizing Company's or its affiliates name or trademarks without our express written consent. All listed Products must be kept in stock for successful completion of sales. We reserve the right to delete any Product(s)listed by You if found to be misleading, deceptive, or inappropriate.
You must not use the Portal for any of the following:
- for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
- (b) to send, use or reuse any material that is illegal, offensive, (including but not limited to material that is sexually explicit or which promotes racism, bigotry, hatred, or physical harm), abusive, harassing, misleading, indecent, defamatory, disparaging, obscene or menacing; or
- for posting content in breach of copyright, trademark, confidentiality, privacy, or any other proprietary information or right; or
- for posting content which is otherwise injurious to third parties; or objectionable or otherwise unlawful in any manner whatsoever; or
- for posting content which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”; or
- to cause annoyance, inconvenience, or needless anxiety.
5.1 RETURN, REFUND AND CANCELLATION POLICY:
We are a discovery and tech enablement platform that helps local businesses get discovered and accept orders from their customers. In this capacity, we do not accept any refunds, returns, or cancellations.
If you have any issues with your purchase, we encourage you to contact the merchant as soon as possible to resolve the issue.
Taxes You are liable for payment of all the taxes, fee and charges levied on the sale of Product through Portal and reimburse the same to the Company, if the government authorities recover the same from the Company.
You shall indemnify and hold harmless the Company, its licensee, affiliates, holdings, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable counsels' fees, made by any third party or penalty levied due to or occurring out of Your breach of these Terms & Conditions, or Your violation of any applicable or the rights (including infringement of intellectual property rights) of a third party.
Trademark, Copyright and Restriction
The Portal is controlled and operated by Us and Products are sold by respective Vendors. We expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, and other material which appears on and are a part the Portal. Accessing the Portal does not give or shall not be considered as giving anyone any license to use any of Our intellectual property rights. All intellectual property rights on the Portal are owned by or licensed to Us. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information. Copying or storing any content of the Portal in part or in whole for any use other than for personal and non-commercial use (including the reproduction, modification, distribution) is strictly forbidden without Uur permission. You cannot modify, distribute or re-post anything on the Portal for any purpose. The Company’s names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of the Company. No trademark or service mark license is granted in connection with the materials contained on this Portal. Access to the Portal does not authorize anyone to use any name, logo, or mark in any manner.
The Contents and software on the Portal may only be used as a shopping resource. All contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled, or licensed to the Company and are protected by the applicable intellectual property laws.
Any usage for which You receive any payment, whether in currency or otherwise, is a commercial use for the purposes of this clause. We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually, and worldwide right to Us to use the Content for reasonable business purpose.
Limitation of Liability
We do not accept responsibility for any technical problems You may experience with the Portal or non-availability of the portal during periodic maintenance operations or any unplanned suspension of access. In no event shall We be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
- the use or the inability to use the Portal
- unsanctioned access to or change of the User's communications or data
- breach of condition or misrepresentations by other Users
- any other matter relating to the Services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Portal.
You understand and agree that any material and/or data downloaded through Portal is done entirely at Your own will and risk and You will be exclusively responsible for any damage to their mobile or loss of data that results from the download of such material and/or data and We shall not be liable therefor. We shall not be liable for any disagreement or dispute between Users.
We may suspend or terminate Your use of the Portal if we believe, in Our sole and absolute discretion that You have invaded, breached, violated, abused, or dishonestly operated or subjugated any term of these Terms & Conditions or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms & Conditions of Use will survive indefinitely unless and until We choose to terminate Your membership account on the Portal.
This User Agreement shall be construed in accordance with the laws of India. The Courts located at Bengaluru alone shall have the jurisdiction in any dispute due to, arising out or in connection with Your use of the Portal.
You understand that Products of a particular style may be sold on the Website, our Apps and across WhatsApp through our chains by multiple Vendors and the product price on the listing page of the Website, shall reflect the lowest possible price, always following fair trade practices for that particular item.
Partnership with other Brands:
Company may partner with other platforms (including but not limited to Google My Business, WhatsApp Cloud API, ONDC etc.) and promote the Portal and services offered by thereby through them. If the Products are sold by using the Portal on such partner platforms, these Terms and Conditions shall apply to such use of Portal and sale thereof except to the extent the agreement, in writing, between such partner platform and the Company provides otherwise.
In conformity with Information Technology Act, 2000 and the Information Technology Rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the details of the Grievance Officer are as under: