The domain name www.brahmadesign.com (hereinafter referred to as "Website") is owned by Brahma Design Private Limited a company incorporated under the Companies Act, 1956 with its registered office at 310/B Skylark, New Kantwadi Road, Bandra West, Mumbai 400050, Maharashtra, India (hereinafter referred to as "Company").
Your use of the Website and services and tools are governed by the following terms and conditions of use (“Terms”). If you transact on the Website, you shall be subject to the policies that are applicable to the Website for such transaction.
For the purpose of these Terms, wherever the context so requires, "you", "user", “customer”, “seller” shall mean any natural or legal person who transacts on the Website. The term "we", "us", "our" shall mean the Company.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms at any time without any prior notice to you. It is your responsibility to review these Terms periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions.
Eligibility to use the Website: Use of the Website is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. 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 Website except through your legal guardian or parent. The Company reserves the right to terminate your use of the Website and / or refuse to provide you with access to the Website if it is discovered that you are under the age of 18 years.
Access to the Website: We will do our utmost to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the Website may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction. We shall not incur any liability in respect of any losses or claims due to interruption to our services for any reason or suspension or closure, whether temporary or otherwise, of the Website.
Security of your account: If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your email account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
The Company has no obligation to verify the authenticity of any transaction instruction sent or purported to have been sent from you. You will not hold the Company liable in case of any improper/ fraudulent/unauthorized/ duplicate/erroneous use of your account by any third party. You agree to indemnify the Company against any liability, costs or damages arising out of such misuse / use by third parties of the Website based upon or relating to such access and use, or otherwise. The Company shall also not be liable for any unauthorised access to your data or any unauthorized transmissions sent through the Website.
The Company reserves the right to refuse access to the Website, terminate accounts, remove or edit content at any time without notice to you.
Your information: Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us in the relevant section of the Website.
You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms, we shall have the right to indefinitely suspend or terminate or refuse to provide you with access to the Website.
Transactions of Sale and Purchase: The Website is a platform that users utilize to meet and interact with one another for their sale/ purchase transactions. The Company is not and cannot be a party to or control in any manner any transaction between the Website's users. Accordingly, the contract of sale of products/ services (hereinafter “Items”) on the Website shall be a strictly bipartite contract between the customers and the sellers on the Website. Therefore:
1. All commercial/contractual terms are offered by and agreed to between customers and sellers alone. The commercial/contractual terms include without limitation, price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to Items, return policy and after sales services related to Items. The Company 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 customers and sellers.
2. The Company does not make any representation or warranty as to specifics (such as quality, value, saleability, etc) of the Items proposed to be sold or offered to be sold or purchased on the Website. The Company does not implicitly or explicitly support or endorse the sale or purchase of any Item on the Website. The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
3. The Company is not responsible for any non-performance or breach of any contract entered into between customers and sellers. The Company cannot and does not guarantee that the concerned customers and/or sellers will perform any transaction concluded on the Website. The Company shall not and is not required to mediate or resolve any dispute or disagreement between customers and sellers. The Website is only a platform that can be utilized by users to reach a larger base to buy and sell Items. The Company is only providing a platform for communication and it is agreed that the contract for sale of any of the Items shall be a strictly bipartite contract between the seller and the customer. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s)/ customers that you transact with.
4. The Company does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its users. You are advised to independently verify the bona fides of any particular user that you choose to deal with on the Website and use your best judgment in that behalf.
5. At no time shall the Company hold any right, title or interest over the Items nor shall the Company have any obligations or liabilities In respect of such contract entered into between customers and sellers. The Company is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of Items which are out of stock, unavailable or back ordered. The Company shall not be required to ensure that a customer has duly received the purchased Items. In the event the customer chooses to disagree with a charge, the same should be communicated in writing to the Company within 15 (Fifteen) days of transaction.
6. The Company does not warrant that Item description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard. Pricing on any Item as is reflected on the Website may, due to some technical issue, typographical error or product information published by seller, be incorrectly reflected and in such an event seller may cancel such your order(s).
7. Your participation in any event/ contest/ promotion shall be governed by the terms and conditions mentioned in the respective event/ contest/ promotion along with these terms. Any link on the Website to a third party site is not an endorsement of that website. The use or browsing by a customer of any other website shall be subject to the terms and conditions in each such website.
8. You will be required to enter a valid phone number while placing an order on the Website. By registering your phone number with us, you consent to be contacted by us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
Charges: Use of the Website is free for customers. The Company does not charge any fee for browsing and buying on the Website. The Company reserves the right to change its fee from time to time. In particular, the Company may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event the Company reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fees shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to the Company.
Your conduct: You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not the Company, are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.
You must not use the Website for any of the following:
(i) for fraudulent purposes, or in connection with a criminal offense or other unlawful activity;
(ii) to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm, deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam to cause annoyance, inconvenience or needless anxiety.
You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, 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 Website.
Your content: You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the Website; that, as at the date that the content or material is submitted to the Website or for the duration that the content appears on the Website: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Company policies or guidelines and will not cause injury to any person or entity; (iii) the content is lawful. You agree to indemnify the Company for all claims brought by a third party against the Company arising out of or in connection with a breach of any of these warranties.
Other Content Posted on the Website: All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, is a third party user generated content and the Company has no control over such third party user generated content.
You may use information on the Items purposely made available on the Website for downloading, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
Trademark, Copyright and Restriction
This Website is controlled and operated by the Company and Items are sold by respective sellers. All material on this Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on the Website is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
Trademark complaint: The Company respects the intellectual property of others. In case you feel that your Trademark has been infringed, you can write to the Company at M/s. Brahma Design Pvt. Ltd., 105/A Rizvi Mahal, Waterfield Road, Bandra West, Mumbai 400 050.
Compliance with law: 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 laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force) and international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our Website and your listing, purchase, solicitation of offers to purchase, and sale of Items. You shall not engage in any transaction in an Item which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
Disclaimer: You acknowledge and undertake that you are accessing the services on the Website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Website. We shall neither be liable nor responsible for any actions or inactions of customers/sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the Items and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between customers and the sellers or manufacturers of the products.
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site 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 the forgoing paragraph, the Companyt does not warrant that:
This Website will be constantly available, or available at all; or
The information on this Website is complete, true, accurate or non-misleading or
The Website is free of viruses or other harmful content.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the Items listed or displayed or transacted or the content (including product information and/or specifications) on the Website. While we have taken precautions to avoid inaccuracies in content, this Website, all content, information, software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any Items on the Website.
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Website.
Indemnity and Release: You shall indemnify and hold harmless the Company, its affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release the Company and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the sellers and specifically waive any claims or demands that you may have in this behalf under any statute, contract or otherwise.
You release and indemnify The Company 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 Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, the Company cannot take responsibility or control the information provided by other Users which is made available on the Website. 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 Website. Please note that there could be risks in dealing with underage persons or people acting under false pretence.
Taxes: Unless specifically otherwise agreed, the customer shall bear and pay all statutory taxes, service tax, all other imposts, duties (including stamp duty and relevant registration charges, if any, in connection with the mobile) and taxes (of any description whatsoever) as may be levied from time to time by the Government or other authority in respect of the service charges or in connection with the mobile payment
Currency: Unless otherwise set out, all payments and currency references are in Indian Rupees. The Company may, if required by law, change any fee or charge or institute new fees or charges. The customer agrees to pay all fees and charges so levied.
Force Majeure: Neither the Company nor the customer/seller shall be liable for any breach of this agreement caused by any force-majeure event such as act of god, fire, lightning, explosion, flood, inclement weather conditions, power failures, equipment breakdown, strikes, lock-out or any other cause beyond the control of either party.
Assignment: The Company alone may assign or transfer its rights and obligations under this agreement.
Jurisdiction: All products and services on the Website are presented solely for the purposes of sale in India and all transactions shall be governed by Indian law. In case of any dispute between the parties on the interpretation or implementation of this agreement, the appropriate court in Mumbai shall have exclusive jurisdiction.
Contact Us: Please send any questions or comments regarding this Website to us at M/s. Brahma Design Pvt. Ltd., 105/A Rizvi Mahal, Waterfield Road, Bandra West, Mumbai 400 050.
For any grievances, the name and contact details of the grievance officer is as follows:
Name: Mrs. Jagtiani
Address: M/s. Brahma Design Pvt. Ltd., 8, Milan, 15th Road, Khar West, Mumbai 400 052.
Email address: email@example.com
ADDITIONAL TERMS FOR SELLERS
As a registered seller, you are allowed to list Items for sale on the Website in accordance with these Terms. You must be legally able to sell the Items you list for sale on our Website. You must ensure that the listed Items do not infringe upon the intellectual property, trade secrets or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your Item for sale. All listed Items must be listed in an appropriate category on the Website. All listed Items must be kept in stock for successful fulfillment of orders.
The listing description of the Items must not be misleading and must describe actual condition of the Items. If the description does not match the actual condition of the Items, you agree to refund any amounts that you may have received from the customer. You shall comply with the Replacement Guarantee to customers as set out in these Terms. You agree not to list a single Item in multiple quantities across various categories on the Website. The Company reserves the right to delete such multiple listings of the same Item listed by you in various categories. From time to time, you shall be responsible for providing information relating to the Item proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such Items so as to mislead other users in any manner.
We have the right, but not the obligation, to monitor the materials posted on the Website. The Company 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. Notwithstanding this right, you remain solely responsible for the content you post on the Website. 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.
Trademarks: The Company’s trademarks indicated on our Website may not be used in connection with any Item that is not of the Company, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. You may not use any Company logo or other proprietary graphic or trademark as part of the link without express written consent of the Company. All other trademarks not owned by the Company that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.
ADDITIONAL TERMS FOR CUSTOMERS
The Company grants you a limited licence to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. This Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, distributed or otherwise exploited for any commercial purpose without express written consent of the Company. Any unauthorised use terminates the permission or license granted by the Company.
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, or otherwise engage in any conduct or action that might tarnish the image or reputation, of the Company or sellers or otherwise tarnish or dilute any trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name 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 Website or the Company's systems or networks.
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 Website) as necessary to satisfy any law, regulation or valid governmental request. 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.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related Items, 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 Website.
It is possible that other users, (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website 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 Website, and that the recipient may use such information to harass or injure you. We does not approve of such unauthorized uses, but by using the Website 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 Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
You may avail of any of the payment options available on the Website. All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a credit card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the user and the respective Issuing Bank and payment instrument issuing company.
All online bank transfers from valid bank accounts are processed using the gateway provided by the respective Issuing Banks which support these services to the users. All such online bank transfers on the payment facility are also governed by the terms and conditions agreed to between customer and the respective Issuing Bank.
Further, you have specifically authorized the Company or its service providers to collect, process, facilitate and remit payments and / or the transaction price electronically or through cash on delivery to and from other users in respect of transactions through the payment facility. Your relationship with the Company is on a principal to principal basis and by accepting these Terms you agree that the Company is an independent contractor for all purposes, and does not have control of or liability for the Items that are listed on the Website that are paid for by using the payment facility. The Company does not guarantee the identity of any user nor does it ensure that a customer or a seller will complete a transaction.
You understand, accept and agree that the payment facility provided by the Company is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through cash on delivery, collection and remittance facility for the transactions on the Website using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, the Company is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
The Company will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to user due to:
1. Lack of authorization for any transaction/s, or
2. Exceeding the preset limit mutually agreed by customer and between Bank/s, or
3. Any payment issues arising out of the transaction, or
4. Decline of transaction for any other reason/s
All payments made against the Items purchased on Website shall be compulsorily in Indian Rupees. The Website will not facilitate transactions with respect to any other form of currency with respect to the purchases made on Website.
Before shipping /delivering of an order to customer, a seller may request customer to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used for the purchase. This is done in the interest of providing a safe online shopping environment to our users.
Upon initiating a Transaction, customer is entering into a legally binding and enforceable contract with the seller to purchase the Items from the seller using the payment facility, and customer shall pay the transaction price through his Issuing Bank to the seller using the payment facility.
Any extension / increase of dispatch / delivery time or subsequent novation/ variation of any Transaction should be in compliance with the rules and policies of the payment facility.
User shall electronically notify the payment facility using the appropriate Website features immediately upon delivery or non delivery within the required time period. Non notification by user of delivery or non delivery within the time period specified in the Terms shall be construed as a deemed delivery in respect of that transaction. In case of cash on delivery transactions, customer is not required to confirm the receipt of Items.
The Company reserves the right to impose limits on the number of transactions or transaction price which the Company may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through the payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual customer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
The Company reserves the right to refuse to process Transactions by customer with a prior history of questionable charges including without limitation breach of any agreements by customer with the Company or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
The Company may do such checks as it deems fit before approving the receipt of customer’s commitment to pay Transaction price or for security or other reasons at the discretion of the Company. As a result of such check if the Company is not satisfied with the creditability of the customer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of customer’s commitment to pay Transaction Price.
The Company may delay notifying the payment confirmation i.e. informing Seller to dispatch, if the Company deems any Transaction as suspicious or for customer conducting high transaction volumes, to ensure safety of the Transaction. In addition, the Company may hold Transaction Price and the Company may not inform Seller to dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to customer) at the request of law enforcement officials or in the event the customer is engaged in any form of illegal activity.
The customer and seller acknowledge that the Company will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of the Company.
If the Company has suspicion or knowledge, that any of its customers or sellers are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then the Company may at its sole discretion, while reserving its rights to initiate civil and/or criminal proceedings against such user, also suspend, block, restrict, cancel the display name of such user and /or disqualify that user and any related users from availing this program.
The Company reserves its right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claim or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, the Company may at its sole discretion suspend, block, restrict, cancel the display name of such user and/or disqualify that user and any related users from availing protection through this program. Any person who knowingly and with intent to injure, defraud or deceive, files a fraudulent complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.