This document is an electronic record in terms of the Information Technology Act, 2000 and will be deemed to be a contract formed through electronic means.
For the purpose of these Terms, wherever the context so requires "You", “Your” or "User" shall mean any natural or legal person who has agreed to become a buyer / service recipient on the BabyChakra Web Platforms by providing relevant data or uses by way of browsing the website or downloading mobile application. Further, for the purpose of these Terms, wherever the context so requires “You”, “Your” or “Vendor” shall mean the individual or any legal entity (company, sole-proprietorship, partnership, HUF etc.) representing itself through its authorised representative only, who has completed the BabyChakra Registration Form as required by BabyChakra and is listed as a Vendor on the BabyChakra Web Platforms.
When You use any of the services provided by Us through the BabyChakra Web Platforms, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into these Terms and shall be considered as part and parcel of these Terms. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to You. It is Your responsibility to review these Terms periodically for updates or changes. Your continued use of the BabyChakra Web Platforms, following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter, use and download the BabyChakra Web Platforms.
For the purpose of these Terms, wherever the context so requires, “Booking Date” or “Transaction Date” shall mean the date on which the order has been placed by the User for purchasing the products or availing the services of the Vendor via the BabyChakra Web Platforms. Further, “Date of Service” shall mean the date on which the products will be delivered or the services will be provided by the Vendor.
For the Purpose of these Terms, words referring to masculine include the feminine and the singular include the plural and vice versa as the context admits or requires; and words importing persons includes individuals, bodies corporate and unincorporated.
A. TERMS & CONDITIONS FOR THE USER
1) USER PROVIDED CONTENT, USE OF THE WEBSITE AND RESTRICTIONS
1.1 You are permitted to upload audio/ video files, data, texts, advises, responses, comments, letters, photos, articles, experiences, messages, posts, blogs, chat room conversations, bulletins, discussions forums, links or other similar form of media content for the purposes of maintain and sharing such content uploaded by users or bloggers ("User Provided Content"). You hereby expressly agree and understand intellectual property rights in the User Provided Content shall solely belong to the Company. The User hereby assigns all rights and intellectual property rights available to the User in the User Provided Content in favour of the Company. The Company shall, at its sole discretion be entitled to display/ not display it on the Babychakra Web Platform. If the Company decides to display the User Provided Content on the Babychakra Web Platform, it will be in public domain. The Company will not require any further consent or sign from you for use of the User Provided Content. The Company will not be required to inform you as regards the use of User Provided Content.
1.2 The User expressly confirms that the User is entitled to upload the User Provided Content and that the User Provided Content does not infringe third party rights in any manner whatsoever. The User hereby expressly indemnifies the Company in case any violation of a third party right in any manner whatsoever.
1.3 You expressly agree that in consideration for the efforts and use of resources of the Company in maintaining, notifying and marinating content and also providing a platform to exchanges videos and other useful information as well as experiences of the customer or their children through the Platform, you grant to the Company a worldwide, royalty-free, exclusive and perpetual right of the User Provided Content. The Company shall be entitled to assign, license, use, change, distribute, duplicate or deal with any User Provided Content, in whole or in part, or to incorporate it in other works in any manner whatsoever, for such purpose as the Company deem fit. By virtue of the assignment of the User Provided Content, you agree that the Company may publish or otherwise disclose your name in connection with your User Provided Content. Your assignment hereunder shall survive even if you delete your account on the Babychakra Web Platform or remove the User Provided Content from the Babychakra Web Platform or otherwise stop accessing the Website/App. The Company is not required to or bound to delete the User Provided Content for any reason whatsoever.
1.4 The Users shall take the entire responsibility for the User Provided Content and the Company is not liable for any information, data, facts in the User Provided Content The User must at all times refrain from disclosing or posting any personal information such as your contact details, financial information, credit or debit card details, email addresses in your User Provided Content. The Company shall not be responsible for any misuse of such personal information. The Company does not monitor or control the User Provided Content and does not guarantee, support or endorse the truthfulness, accuracy or reliability of the User Provided Content or endorse any experiences or opinions shared or expressed on the Babychakra Web Platform.
1.5 The User shall be solely responsible for all User Provided Content that is made available by them via the Babychakra Web Platform and shall be liable for any injury, damage and consequences that may arise due to posting such User Provided Content. The Users are hereby advised to make all inquiries that they may deem necessary prior to availing any services or uploading any User Provided Content on the Babychakra Web Platform. The Company will not be liable to the User or any other person in any way for any costs or consequences due to the User Provided Content that is made available via the Babychakra Web Platform.
1.6 The manner of arrangement, working, operation of the Babychakra Web Platform its graphics, displays, interactive platforms, windows as available on the Babychakra Web Platform are the property and proprietary information of the Company and their operation, display shall be at the sole discretion of the Company.
1.7 You shall not hack or render useless or try to illegitimately gain admission into or corrupt or upload any that contains virus on any part of the Babychakra Web Platform or any other records, computer, device, network, storage, system of the Company or any other of any other person (natural or artificial) through any means whatsoever.
2. USER ELIGIBILITY
Use of the BabyChakra Web Platforms is available only to persons who can form legally binding contracts under 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 BabyChakra Web Platforms. If You are a minor i.e. under the age of 18 years, You shall not be eligible as a User of the BabyChakra Web Platforms and shall not transact on or use the BabyChakra Web Platforms. BabyChakra reserves the right to deactivate and / or refuse to provide You with access to the Platforms if it is brought to Our notice or if it is discovered that You are under the age of 18 years.
3. PLATFORM FOR THE PRODUCTS AND SERVICES
3.1. You agree that BabyChakra acts as a facilitator between the User and the Vendor. It is a platform through which Users can purchase various goods and avail services related to child care and care for their family from third party Vendors all over India.
3.2. BabyChakra is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. BabyChakra is only providing a platform for communication and it is agreed that any sale of the products or services shall be a strictly bipartite understanding between the User and the Vendor.
3.3. We enable parents to connect with experts and other parents to make better and more informed decisions. The services provided by BabyChakra include, but are not limited to, reviewing, rating, commenting, communicating with other Users and Vendors.
4. YOUR ACCOUNT
4.1. In consideration of Your use of the BabyChakra Web Platforms, You agree to:
4.1.1. Provide accurate, current and complete information about You as may be prompted by any registration forms and subscription, including, but without limiting, Your name, telephone number, mailing address, bank account details, account and email address on the BabyChakra Web Platforms ("Registration Data");
4.1.2. Maintain and promptly update the Registration Data, and any other information You provide to BabyChakra, to keep it accurate, current and complete;
4.1.3. Maintain confidentiality of Your password and identification;
4.1.4. Notify BabyChakra immediately of any unauthorized use of Your account or other breach of security;
4.1.5. Any licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the services shall be obtained by You at Your own cost;
4.1.6. Accept all responsibility for any and all activities that occur under Your account (whether through authorized or unauthorized access) including, but without limitation to, information retrieved, stored and transmitted through the BabyChakra Web Platforms by You;
4.1.7. Accept all risks of unauthorized access to the Registration Data and any other information You provide to BabyChakra; and
4.1.8. You will ensure compliance with all notices or instructions given by BabyChakra from time to time to enable the use of the the BabyChakra Web Platforms.
4.2. 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 these Terms, We shall have the right to indefinitely suspend or terminate or block access of Your account on the BabyChakra Web Platforms and refuse to provide You with access to the BabyChakra Web Platforms.
5. INVITATION TO OFFER
All products, services and information displayed on the BabyChakra Web Platforms constitute an invitation to offer. Your order for purchase of products or availing the services constitutes Your offer, which shall be subject to the Terms as listed herein. BabyChakra reserves the right to accept or reject Your offer in part or in full, with or without any reason whatsoever. The acceptance and / or communication to the Vendor of Your offer for the purchase of the products or availing the services will take place upon the dispatch of your products or provision of the services availed by You. No act or omission prior to the actual dispatch of the products or the provision of services to You will constitute acceptance of Your offer.
6.1. Baby Chakra allows You to either sign in to the BabyChakra Web Platforms with Your Facebook account or to sign in with Your email address to register with Us.
6.2. BabyChakra is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. BabyChakra is only providing a platform for communication and it is agreed that any sale of the products or services shall be a strictly bipartite understanding between the User and the Vendor.
6.3. Registration on the BabyChakra Web Platforms is free for Users. BabyChakra does not charge the User any fee for browsing and ordering on the BabyChakra Web Platforms. BabyChakra reserves the right to change its fee policy from time to time. In particular, BabyChakra may at its sole discretion introduce new services and modify some or all of the existing services offered on the BabyChakra Web Platforms. In such an event BabyChakra 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 fee policy shall be posted on the BabyChakra Web Platforms and such changes shall automatically become effective immediately after they are posted on the BabyChakra Web Platforms. 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 BabyChakra.
7. USER TERMS
7.1. By registering with us as per Clause 5 and transacting via the BabyChakra Web Platforms to purchase any products or avail any services, You represent to BabyChakra that such registration and purchase is for Your personal and non-commercial use only. Further while using the BabyChakra Web Platforms, You acknowledge that You fully assume the risks of purchase and sale transactions and You further fully assume the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to the product(s) and/or service(s) that are the subject of the transactions via the BabyChakra Web Platforms.
7.2. BabyChakra reserves the right, at its sole and absolute discretion, to determine whether anything posted by You is appropriate; and to remove it, without notice or liability to You, which it determines to be inappropriate. Without limiting the generality of the foregoing, the following is a partial and non exhaustive list of the type of activities that BabyChakra deems to be inappropriate:
7.2.1. Content that criticizes a business or individual beyond that of merely offering an opinion;
7.2.2. Content that harasses or advocates harassment of another person;
7.2.3. Content that exploits people in a sexual or violent manner;
7.2.4. Content that contains nudity, violence, or offensive subject matter or contains a link to an adult website;
7.2.5. Content that includes racially, ethically, or otherwise objectionable language;
7.2.6. Content that is libelous, defamatory, or otherwise tortious language;
7.2.7. Content that solicits personal information from anyone under 18 years of age;
7.2.8. Content that promotes information known to be false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
7.2.9. Content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
7.2.10. Copying, modifying, translating, publishing, broadcasting, transmitting, licensing, sublicensing, assigning, distributing, performing, publicly displaying, or selling any BabyChakra content appearing on or through the BabyChakra Web Platforms.
7.3. BabyChakra expressly reserves the right to investigate and take appropriate legal action against anyone who, in BabyChakra’s sole discretion, violates this provision, including without limitation, reporting You to the law enforcement authorities.
8.1. While availing any of the payment method/s available on the BabyChakra Web Platforms, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
8.1.1. Lack of authorization for any transaction/s, or
8.1.2. Exceeding the preset limit mutually agreed between You and the financial services providers you deal with, or
8.1.3. Any payment issues arising out of the transaction, or
8.1.4. Decline of transaction for any other reason/s
8.2. All payments made against any purchase of the products or availing the services, shall be compulsorily in Indian rupees (“Transaction Price”).
8.3. Before delivering the products purchased by You or providing the services to You, the Vendor may request You to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by You for Your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
8.4. You have specifically authorized BabyChakra or its Vendors to collect, process, facilitate and remit the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through payment facility.
9. CANCELLATION POLICY
9.1. Cancellation before the date of dispatch of products: Once an order for purchasing the products available for sale on the BabyChakra Web Platforms is received by Us and the checkout procedure is completed, a cancellation of such order can only be made at any time before You receive an e-mail containing confirmation of dispatch of the product from the Vendor. No cancellations will be accepted post such time and any cancellation request received post such time shall be deemed to be a request for return of the product and shall be subject to the return and refund policy as provided for in Clause 9. For the purpose of cancelling the order placed by You, You can either send us an e-mail on firstname.lastname@example.org with Your order details such as Your name, address, telephone number, order number, booking date, etc. or You can call Our customer care and give directions for cancellation of Your order.
9.2. Cancellation before the date of service: Once an order for availing of services on the BabyChakra Web Platforms is received by Us and the checkout procedure is completed, a cancellation of such order for a service can be made 48 hours prior to the date of service. No cancellation of such order will be accepted if made less than 48 hours prior to the date of service. For the purpose of cancelling the service, You can either send Us an e-mail on email@example.com with Your order details such as Your name, address, telephone number, order number, booking date, etc. Or You can call our customer care and give directions for cancellation of Your order. In case of cancellations made by You 48 hours or more before the date of service, 20% will be deducted from the total payment amount due from You after which the refund will be initiated as per Clause 9.
9.3. Cancellation after the date of service: Subject to clause 9, for all such services which are availed of over a period of time, no cancellation will be accepted under any circumstances after the date on which the services have commenced. Under such circumstances, BabyChakra will not be liable to refund or return any amount paid by You, irrespective of whether the services have been availed by You or not.
10. RETURN AND REFUND POLICY
10.1. Please note that all returns and related procedures shall be carried out by the Vendor(s) whose products have been purchased by You. Therefore, BabyChakra shall not be liable for any loss, damages, action, claim or liability arising out of or in connection with any act, omission or negligence of such a Vendor with respect to the return of purchased product(s).
10.2. Subject to the restrictions contained in Our cancellation policy, a request for the cancellation of Your order can be sent to BabyChakra before the date of service and before You receive an email containing confirmation of dispatch of the products.
10.3. Once the cancellation has been accepted by BabyChakra, You will be intimated about the same by way of an e-mail or phone call on the e-mail ID and telephone number provided by You. Any refund against a request for a return or the products shall be processed only upon receipt of the product by the Vendor along with the original invoice. In case of services intended to be availed by You, the refund will be subject to the cancellation policy as per Clause 8. It may take up to 10-14 business days for the credit to reflect in Your account. The actual time taken for refund or for the credit of the payment into your account depends on the mode by which the payment was made and the procedures adopted by various financial services providers.
11. CONFIDENTIAL AND PERSONAL DATA/INFORMATION
11.1.1. The provisions of Information Technology Act, 2000 relating to processing of personal data as may be amended from time to time;
11.1.2. The provisions of the Information Technology (Intermediary Guidelines) Rules, 2011 as may be amended from time to time;
11.1.3. The provisions of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 as may be amended from time to time.
12. INTELLECTUAL PROPERTY RIGHTS
12.1. Subject to Part B Clause 6, BabyChakra is the sole owner or lawful licensee of all the rights of the BabyChakra Web Platforms and its content. For the purpose of this clause, the content on the BabyChakra Web Platforms includes its design, layout, text, images, graphics, sound, video, etc as well as non superficially visual functional elements. The title, ownership and intellectual property rights in the BabyChakra Web Platforms and its content shall remain with BabyChakra, its affiliates or licensors of the content, as the case may be.
12.2. Trademark: 'BabyChakra' and related icons and logos are registered or registration has been applied for by BabyChakra in various jurisdictions and the same is protected under applicable trademark and other intellectual property laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited and shall be subject to appropriate legal proceedings against the unauthorized user.
12.3. Copyright: All content on the BabyChakra Web Platforms is the copyright of BabyChakra except the third party content and links to third party websites on the BabyChakra Web Platforms, if any.
13. DISCLAIMER OF WARRANTIES
13.1. All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through the BabyChakra Web Platforms are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing.
13.2. BabyChakra does not warrant that: the BabyChakra Web Platforms will be constantly available, or available at all; or that the information on the BabyChakra Web Platforms is complete, true, accurate or non-misleading.
13.3. As per the guidelines issued by the Government of India, BabyChakra will not exercise ownership over the goods and services purported to be sold on the BabyChakra Web Platforms. Thus all commercial/contractual terms are offered by and agreed to between the Users and Vendors alone. The commercial/contractual terms may include, without limitation, price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services.
13.4. BabyChakra does not make any representation or warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the BabyChakra Web Platforms. BabyChakra does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the BabyChakra Web Platforms. By virtue of technical or human error, it may be possible that certain inadvertant errors may occur such as change in the price of the products and services, change in the quantity ordered, description of the products and services and the like. Even though BabyChakra makes the its best efforts to avoid any such errors, We will not accept liability for any such inadvertent errors or omissions.
13.5. BabyChakra doesn’t claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials that are provided directly by the Vendors and which are uploaded, submitted, or embed on the BabyChakra Web Platforms.
13.6. References that We make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply Our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by You as a result of an advertisement or any other information or offer in or in connection with the BabyChakra Web Platforms.
13.7. BabyChakra shall not and is not required to resolve or mediate any disagreements or disputes between the Users and Vendors because of non-performance of any transaction concluded on the BabyChakra Web Platforms.
13.8. BabyChakra does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Vendors. You are advised to independently verify the bona fides of any particular Vendor that You choose to deal with on the BabyChakra Web Platforms and use Your best judgment in that behalf.
13.9. You realize and indemnify BabyChakra 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 BabyChakra Web Platforms and specifically waive any claims that You may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, BabyChakra cannot take responsibility or control the information provided by other Users which is made available on the BabyChakra Web Platforms. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and exercise Your own judgment when using the BabyChakra Web Platforms.
B. TERMS AND CONDITIONS FOR THE VENDOR
1. INFORMATION PROVIDED
1.1. The Vendor will be required to provide all details relevant to the products and services intended to be sold by the Vendor, including but not limited to the price, description, contents which will be by way of text descriptions, graphics, pictures and / or videos of the products and services. Such information must not be misleading and must describe actual condition of the product. Any precautions and / or side effects or any special requirements before or after use of any of the Vendor’s products and services will be displayed on the BabyChakra Web Platforms at all times.
1.2. It is responsibility of the Vendor to make sure that the information provided to BabyChakra with respect to the products and services intended to be sold reflects the real-time availability / non-availability of the products and services with the Vendor.
1.3. As a Vendor, You are allowed to list item(s) for sale on the BabyChakra Web Platforms in accordance with the policies which are incorporated by way of reference in these Terms. You must be legally able to sell the item(s) You list for sale on the BabyChakra Web Platforms. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties.
2.1. The Vendor grants BabyChakra the right to collect the Transaction Price on behalf of the Vendor in the mode (i.e. payment gateway or cash on delivery) selected by the User of the BabyChakra Web Platforms. The Vendor agrees that BabyChakra is neither a trustee of the Vendor nor acting in any fiduciary capacity with respect to any transaction on the BabyChakra Web Platforms. The payment facility provided by BabyChakra is merely an online electronic payment system and will not be considered as a banking or financial service.
2.2. The Vendor authorises BabyChakra to raise an invoice on behalf of the Vendor and send it to the User for the products purchased and / or the services availed. BabyChakra will send a copy of the invoice raised as above to the Vendor.
2.3. BabyChakra reserves the right to deduct a certain amount as commission (“Transaction Fee”) from the Transaction Price for each transaction entered into between the Vendor and the User via the BabyChakra Web Platforms. Such Transaction Fee is subject to alteration or modification at the sole discretion of BabyChakra and BabyChakra will notify the relevant vendors of such altered or modified transaction fee.
3. CANCELLATION AND REFUND POLICY
3.1. The Vendor acknowledges and agrees to the cancellation, return and refund policy stated for Users in Part A Clause 8 and 9 above. In the event that the User cancels an order made on the BabyChakra Web Platforms;
3.1.1. If at the time of cancellation of an order for products, BabyChakra, the products have not been confirmed to be dispatched by the Vendor, BabyChakra will inform the Vendor of the cancellation of the order. No payment of any amount whatsoever will be paid to the Vendor.
3.1.2. If at the time of cancellation of an order for products, the Vendor has confirmed the dispatch of the Products, BabyChakra will process a request for return and it shall be the responsibility of BabyChakra to cause to collect the product and the original invoice from the User. In such an event, if BabyChakra has paid to the Vendor the Transaction Price, the Vendor undertakes to return to BabyChakra the full amount received by the Vendor within 48 hours from the receipt of the product from the User. In the event BabyChakra has not made any payment to the Vendor, BabyChakra, will at its sole discretion cause a refund of the amount to be paid to the User and will not make any payment to the Vendor.
3.1.3. In the event that the Vendor refuses or fails to provide any services agreed to be provided by the Vendor on the BabyChakra Web Platforms, the Vendor, shall return to BabyChakra any monies received by the Vendor from BabyChakra, within 48 hours of the Date of Service. In the event that the Vendor willfully defaults in providing services agreed to have been provided, BabyChakra reserves the right to inform the Users on its Platforms of the willful default of the Vendor as well as caution them from availing the services of the Vendor.
The Vendor acknowledges that it will have access to confidential information of BabyChakra and the Vendor agrees to keep confidential all data and confidential information and also will not use for its own purpose by any means whatsoever any confidential information which the Vendor has received from BabyChakra and it will not sell or otherwise make use / make available the confidential information to any third parties. For the purpose of this clause, confidential information shall include but will not be limited to the terms and conditions of these Terms, information pertaining to the User, the terms of understanding between BabyChakra and the Vendor and all business and financial information relevant to the business of BabyChakra and any information which is disclosed verbally or in writing, identified as confidential at the time of disclosure.The obligations under this clause shall survive the termination of these Terms.
5. INTELLECTUAL PROPERTY RIGHTS
5.1. BabyChakra and the Vendor agree that the brands/logos, trademarks, etc., belonging to each Vendor are the exclusive property of the respective Vendor and are not in any manner whatsoever, copied, altered or modified from the brand, logo, trademark etc. of another Vendor. The Vendor recognizes and confirms that BabyChakra shall not be liable for contents and images shared, uploaded or displayed on the BabyChakra Web Platforms by the Vendor regarding Products and Services intended to be sold by the Vendor.
5.2. The Vendor grants BabyChakra the right to display and delist the information as provided by the Vendor along with related logo and / or trademark and / or brand name etc., of the Vendor for the purpose of marketing and selling through the BabyChakra Web Platforms.
6. DISCLAIMER OF WARRANTIES
6.1. The Vendor will make sure that the products are dispatched and delivered or the services are provided as per the Date of Service, along with all the required information and documentation which is necessary for the User to use the product and / or service. The Vendor will keep BabyChakra informed about the dispatch and delivery of the products and / or the services availed by the User. In the event of any default in the delivery of the products or the services availed, the Vendor will immediately update BabyChakra informing of such non-delivery / delay and the reason thereof;
6.2. The Vendor shall procure all necessary certification and licenses required for being eligible as a Vendor on the BabyChakra Web Platforms.
6.3. The Vendor warrants that the information provided with respect to the products and services intended to sold via the BabyChakra Web Platforms is true, accurate, complete, specific, detailed and precise and compliant with all the local laws and regulations;
6.4. The Vendor warrants that the products sold by the Vendor via the BabyChakra Web Platforms are not fake, duplicate, damaged, defective, refurbished or previously owned.
6.5. The Vendor hereby expressly indemnifies BabyChakra from any claim, cost, loss, expense or liability arising out of or in connection with any defect and / or deficiency in any of the products purchased or the services availed by the User, non-compliance by the Vendor of any law for the time being in force in India or for any other reason whatsoever, when such action, claim, cost, loss, expense or liability may be attributable to any act, omission, negligence or misrepresentation on part of the Vendor.
C. GENERAL PROVISIONS
1. FORCE MAJEURE
You understand and agree that BabyChakra will not be held liable for any loss or damage with respect to the use of the BabyChakra Web Platforms, if the same arises out of any cause due to which BabyChakra is wholly or partly unable to perform its obligations and which is not reasonably within the control of BabyChakra. Further, BabyChakra will not liable for any loss or damage which is not a result of the fault or negligence of BabyChakra or which occurs despite all reasonable attempts of BabyChakra to avoid or mitigate the same. This includes without limitation, acts of God, war, riots, civil disturbances, cyclones, hurricanes, floods, earthquakes, storms and other natural calamities, epidemics, plagues, terrorist attacks, accidents, trade restrictions, acts of any government authority leading to a delay in adhering to the time lines of delivery, strikes, labour, employee difficulties and other events or circumstances that are beyond the reasonable control of BabyChakra.
You agree to indemnify and hold Us and (as applicable) Our officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your breach of these Terms or your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive the termination of these Terms.
4. APPLICABLE LAW
4.1. The BabyChakra Web Platforms have been designed to comply with the laws of India and hence We shall be governed by the laws of India. If any material on the BabyChakra Web Platforms or Your use of the BabyChakra Web Platforms is contrary to the laws of the country / state where You are when You access it, We ask You not to use the BabyChakra Web Platforms in contravention of such law. You are responsible for being aware of the laws of Your jurisdiction and complying with them.
4.2. Further, the courts of Mumbai shall have exclusive jurisdiction in case of any preliminary relief sought in respect of all the terms, conditions and disclaimers.
5. DISPUTE RESOLUTION
All disputes or differences arising between You and BabyChakra as to these Terms or any other matter in relation to or in connection with Your use of the BabyChakra Web Platforms, shall be referred to a single arbitrator who shall be appointed by Us as per the provisions of the Arbitration and Conciliation Act, 1996 or any amendments thereto. The seat of arbitration shall be Mumbai and the language shall be English.
You agree and acknowledge You are solely responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. These Terms constitute the entire agreement between Us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms. BabyChakra reserves the right to investigate complaints or reported violations of these Terms and to take any action, we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, We may take action to disclose any information necessary or appropriate to such persons or entities relating to User profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. BabyChakra reserves the right to seek all remedies available at law and in equity for violations of these Terms.
All of Our notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid, (b) if delivered by overnight courier, or (c) if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or e-mail address specified on the Order for the recipient of such notice. All of Your notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid or if delivered by overnight courier, to Our address.
8. GREVIANCE OFFICER
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer who can be contacted with respect to any complaints or concerns including those pertaining to breach of these Terms, and other polices or questions are published as under:
Greviance officer name:
[10:00 AM to 6:00 PM from Monday to Friday except Public Holidays]
This document is an electronic record in terms of the Information Technology Act, 2000 and shall be deemed to be a valid contract formed through electronic means.
the purpose of this Policy, wherever the context so requires "You", “Your” or "User" shall mean any natural or legal person who has agreed to become a buyer on the BabyChakra Web Platforms by placing an Order for the purchase of the products or to avail services and/or by providing relevant data or uses by way of browsing or downloading the BabyChakra Web Platforms. For the purpose of this Policy, wherever the context so requires, “Vendor” shall mean any natural or legal person who has agreed to become a seller or service provider on the BabyChakra Web Platforms. Further, for the purpose of this Policy, wherever the context so requires, “Order” shall mean the purchase of the products or booking any service by the User via the BabyChakra Web Platforms
We would like to inform that the Policy is subject to change without intimation and You shall be required to review the same regularly. The protection and security of Your personal information is one of Our top priorities. This Policy discloses BabyChakra’s practice with respect to the information collected from You on Our Platforms. By using/downloading the Platforms You agree to accept the terms of this Policy as well as Our Terms & Conditions of Use. By accessing or using the BabyChakra Web Platforms You expressly consent to Our use and disclosure of Your personal information in any manner described in this Policy. This Policy extends to both, Users who visit the BabyChakra Web Platforms but do not transact business on them, as well as Users who are registered on the BabyChakra Web Platforms.
BY USING THE BABYCHAKRA WEB PLATFORMS, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS POLICY. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS POLICY, PLEASE DO NOT PROCEED FURTHER TO USE THE BABYCHAKRA WEB PLATFORMS.
1) COLLECTION OF PERSONALLY IDENTIFIABLE INFORMATION AND OTHER INFORMATION
1.1. 'Personal Information' refers to any information that identifies or can be used to identify, contact or locate the person, to whom such information pertains including, but not limited to, name, address, phone number, fax number, email address, financial profiles, identification number, credit card information etc.
1.2. When You use Our Platforms, We collect and store Your personal information which is provided by You from time to time. Our primary goal in doing so is to provide You a safe, efficient, smooth and customized experience. This allows Us to provide services and features that most likely meet Your needs, and to customize Our Platforms to make Your experience safer and easier. More importantly, while doing so We collect personal information from You that We consider necessary for achieving this purpose.
1.3. In general, You can browse the website and/or download the mobile application without telling Us who You are or revealing any personal information about Yourself. Once You give Us Your personal information, You are not anonymous to Us. Where possible, We indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature on the Platforms. We may automatically track certain information about You based upon Your behaviour on Our Platforms. We use this information to do internal research on Our users' demographics, interests, and behaviour to better understand, protect and serve Our Users. This information may include the URL that You just came from (whether this URL is on Our website or not), which URL You next go to (whether this URL is on Our website or not), Your computer browser information and Your IP address, the software You are using on Your mobile phone on which You download the mobile application, Your location, name, mobile number etc.
1.4. You acknowledge that apart from Your Personal Information, if You upload any content on the BabyChakra Web Platforms in the form of reviews, recommendations, ratings, comments or any other form, such content may contain information including personal information and the same may be available to the other Users of the BabyChakra Web Platforms. BabyChakra will not be liable for the disclosure and dissemination of such Personal Information to third parties.
1.5. BabyChakra may disclose aggregated information about the use of the BabyChakra Web Platforms, but it will never contain personal information. BabyChakra does not disclose personal information to third parties in the normal course of operations. However, in situations when BabyChakra is legally obligated to disclose information to the government or other third parties, BabyChakra will do so.
1.6. BabyChakra implements standard measures to protect against unauthorized access to and unlawful interception of personal information. However, no internet site or mobile based application can fully eliminate security risks.
1.7. You are required to submit Your information at the time of placing an Order on the BabyChakra Web Platforms. BabyChakra uses an online payment gateway that is operated by a third party and the information that You share with BabyChakra is transferred and shared with such third party payment gateway operator. The said operator may also have access to Your online purchase history/details that You make from the BabyChakra Web Platforms.
1.8. If You are using BabyChakra through Our mobile application, We may use Your mobile device ID (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize You. We may do this to store Your preferences and track Your use of Our applications. Unlike cookies, mobile device IDs cannot be deleted. Advertising companies may use device IDs to track Your use of Our applications, track the number of advertisements displayed, measure advertising performance and display advertisements that are more relevant to You. Analytics companies may use mobile device IDs to track Your usage of Our applications. The online or offline status of Your application can also be viewed and stored by Us.
1.9. BabyChakra may collect information about the presence and/ or absence and/ or details pertaining to other applications on Your mobile phone. The applications we gather information for, may vary across categories including, without limitation, shopping, fashion, food and travel. This will help Us understand You and Your preferences better and enable BabyChakra to provide You with a personalised experience.
1.10. Extremely sensitive information like Your credit-card details are transacted upon secure sites of approved payment gateways which are digitally under encryption, thereby providing the highest possible degree of care as per current technology. You are advised, however, that internet technology is not 100% safe and You should exercise discretion in using the same.
2) INFORMATION YOU PROVIDE TO US
2.1. Your account information: Your profile picture that will be publicly displayed as part of Your account profile. You may optionally provide Us with this information through third-party sign-in services such as Facebook and Google Plus. In such cases, We fetch and store whatever information is made available to Us by You through these sign-in services.
2.2. Your preferences: Your preferences and settings such as time zone and language.
2.3. Your content: Information You provide through the BabyChakra Web Platforms, including Your reviews, photographs, comments, lists, current and prior Order details etc.
2.4. Your searches and other activities: The search terms You have looked up and results You selected.
2.5. Your browsing information: How long You used the BabyChakra Web Platforms and which features You used; the ads You clicked on.
2.6. Your communications: Communications between You and other Users or Vendors through the BabyChakra Web Platforms, Your participation in a survey, poll, contest or promotion scheme; Your request for certain features (e.g., newsletters, updates or other products); Your communication with Us through the chat feature available on the website as well as mobile application. You agree that any communication by way of e-mail, phone call or chat with Our representative, other Users and Vendors will be recorded and stored. This is mainly done to customize Your experience while using the BabyChakra Web Platforms in the future, and for quality and training purposes.
2.7. Your transactional information: If You make purchases or avail services through the BabyChakra Web Platforms, We may collect and store information about You to process Your requests and automatically complete forms for future transactions, including (but not limited to) Your phone number, address, email, billing information and credit or payment card information.
2.8. Your Public Posts: You may also provide information (such as ratings, reviews, tips, photos, comments, likes, bookmarks, friends, lists, etc.) to be published or displayed (hereinafter, "posted") on publicly accessible areas of the BabyChakra Web Platforms, or transmitted to other Users of the BabyChakra Web Platforms or third-parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at Your own risk. Although We limit access to certain pages, You may set certain privacy settings for such information by logging into Your account profile. Please be aware that no security measures are perfect or impenetrable. Additionally, We cannot control the actions of other Users of the BabyChakra Web Platforms with whom You may choose to share Your User contributions. Therefore, We cannot and do not guarantee that Your User contributions will not be viewed by unauthorized persons. We may display this information on the BabyChakra Web Platforms, share it with businesses, and further distribute it to a wider audience through third party sites and services. You should be careful about revealing any sensitive details about yourself in such postings.
3) LINKS TO THIRD PARTY PLATFORMS
3.2. Email and Push Notification communication:
The following sets forth attribution notices for third party software that may be contained in portions of the BabyChakra application.
Notwithstanding anything else in this policy, we may work with partners who use mobile SDKs, including the OneSignal Messaging SDK, to passively collect information (collectively, “SDK Information”), which generally helps us deliver personalized notifications. This data may also be used to identify you in a unique manner across other devices or browsers for the purposes of customizing ads or content. Depending on the permissions granted to this application, this information may include personally identifiable information (PII) including your e-mail address. This information may also include precise location (i.e. GPS-level data) or WiFi information, apps you have installed and enabled, and your mobile identifier (e.g., Android Advertising ID).
Consumer Control & Opt-Out Options
a. Opting-out of OneSignal Push Notifications
You may in most cases opt out of receiving push notifications by going to your device “Settings” and clicking on “Notifications,” and then changing those settings for some or all of the apps on your device. (Different device configurations, or updates to devices, may affect or change how these settings work.)
b. Opting Out of “Cross-App” Advertising on Mobile Devices
You can opt out of having your mobile advertising identifiers used for certain types of interest-based (also called “cross-app”) mobile behavioral advertising, by accessing the “settings” on your Apple or Android mobile device, as follows: By opening the Google Settings app on your device, selecting Ads, and then selecting the option to opt-out of interest-based ads. (Different device configurations, or updates to devices, may affect or change how these settings work.)
4) COOKIES AND OTHER ELECTRONIC TOOLS
4.4. If You transact with Us, We collect some additional information, such as a billing address, a credit / debit card number and a credit / debit card expiration date and/ or other payment instrument details and tracking information from cheques or money orders.
4.5. If You choose to post messages on Our message boards, chat rooms or other message areas or leave feedback, we will collect that information You provide to Us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.
5) USAGE OF INFORMATION WE COLLECT
5.1. We may share personal information with Our other corporate entities and affiliates. These entities and affiliates may market to You as a result of such sharing unless You explicitly opt-out.
5.2. We may disclose personal information to third parties. This disclosure may be required for Us to provide You access to Our Platforms, to comply with Our legal obligations, to facilitate Our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to the BabyChakra Web Platforms.
5.5. When using third-party sign-up services like Facebook and Google, we capture information like user's profile, email address, gender and friends. The user profile information is used to set up the user's profile on BabyChakra. Gender information and email address is used to ensure the security of content shared by female users on BabyChakra. Information regarding user's friends is used to enable users to find their friends on our platform.
5.6. Further, We use the information We collect from and about You for a variety of purposes, including to:
5.6.1. Process and respond to Your queries
5.6.2. Understand Our Users (what they do on the BabyChakra Web Platforms, what features You like, how You use them, etc.),
5.6.3. Improve the content and features of the BabyChakra Web Platforms (such as by personalizing content to Your interests),
5.6.4. Process and complete Your transactions, and make special offers.
5.6.5. Administer Our services and diagnose technical problems.
5.6.6. Send You communications that You have requested or that may be of interest to You.
5.6.7. Send You questions from other Users that You may be able to answer if You have registered with BabyChakra.
5.6.8. Enable Us to show You ads that are relevant to You.
5.6.9. Generate and review reports and data about, and to conduct research on, Our user base and BabyChakra Web Platform usage patterns.
5.6.10. Provide You with customer support.
5.6.11. Provide You with notices about Your account.
5.6.12. Carry out Our obligations and enforce Our rights arising from any contracts entered into between You and Us, including for billing and collection.
5.6.13. Notify You about changes to Our services.
5.6.14. Allow You to participate in interactive features offered through the BabyChakra Web Platforms.
5.6.15. In any other way We may describe when You provide the information.
5.6.16. For any other purpose with Your consent.
5.7. We may also use Your information to contact You about third-party products and services that may be of interest to You.
6) OUR DISCLOSURE OF YOUR INFORMATION
6.1. We may disclose personal information that We collect or You provide, as described in this Policy, in the following ways:
6.2. Service Providers: We may share Your information with outside service providers that We use for a variety of purposes, such as to send You e-mails and messages on behalf of other BabyChakra members, push notifications to Your mobile device on Our behalf, provide voice recognition services to process Your spoken queries and questions, help Us analyze use of the BabyChakra Web Platforms, and process and collect payments. Some of Our products, services and databases are hosted by third party hosting services providers. We also may use vendors for other projects, such as conducting surveys or organizing sweepstakes for Us. We may share information about You with these vendors only to enable them to perform their services.
6.4. Social Networks: If You interact with social media features on the BabyChakra Web Platforms, such as the Facebook Like button, or use Your social media credentials to log-in or post content, these features may collect information about Your use of the BabyChakra Web Platforms, as well as post information about Your activities on the social media service. Your interactions with social media companies are governed by their privacy policies.
6.5. If We believe disclosure is necessary or appropriate to protect the rights, property, or safety of BabyChakra, Our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
6.6. When You place an Order on the BabyChakra Web Platforms, the information You provide to Us, is shared with the Vendor with whom You choose to transact. In order to facilitate Your Order, We provide Your information to that Vendor in a similar manner as if You had placed an Order directly with the Vendor. If You provide a mobile phone number, Vendors or BabyChakra may send You text messages regarding Your Order or Order’s delivery status. Some Vendors also require You to provide credit or debit card account information to secure Your Order. When You place an Order through the BabyChakra Web Platforms and/or make a payment to a through the BabyChakra Web Platforms, We may also share with the Vendors additional information, such as information about Your preferences and history or information that We collect from third-parties.
6.7. Information You choose to share with a Vendor when You place an Order and/or pay a Vendor through the BabyChakra Web Platforms may be used by the Vendor for its own purposes. We do not control the privacy practices of the Vendors. Please contact the Vendors directly if You want to learn about its privacy practices.
6.8. Payment Card Information: To use the BabyChakra Web Platforms, We may require credit or debit card account information. By submitting Your credit or debit card account information, You expressly consent to the sharing of Your information with Vendors, third-party payment processors, and other third-party service providers (including but not limited to vendors who provide fraud detection services to Us and other third parties).
7) ASSESING, REVIEWING AND CHANGING YOUR PROFILE
7.1. We will take reasonable steps to accurately record the personal information that You provide to Us and any subsequent updates.
7.2. We encourage You to review, update, and correct the personal information that We maintain about You, and You may request that We delete personal information about You that is inaccurate, incomplete, or irrelevant for legitimate purposes, or are being processed in a way which infringes any applicable legal requirement.
8) SECURITY PRECAUTIONS
8.1. We have implemented appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access to Your information and to maintain data security. These safeguards take into account the sensitivity of the information that We collect, process and store and the current state of technology. We follow generally accepted industry standards to protect the personal information submitted to Us. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while We strive to use commercially acceptable means to protect your personal information, We cannot guarantee its absolute security and thereby usage in a manner that is inconsistent with this Policy.
8.2. We assume no liability or responsibility for disclosure of Your information due to errors in transmission, unauthorized third-party access, or other causes beyond Our control. You play an important role in keeping Your personal information secure. You should not share Your user name, password, or other security information for Your BabyChakra account with anyone. If We receive instructions using Your user name and password, We will consider that You have authorized the instructions.
8.3. Notwithstanding anything contained in this Policy or elsewhere, BabyChakra shall not be held responsible for any loss, damage or misuse of Your personal information, if such loss, damage or misuse is attributable to a Force Majeure Event (as defined below).
8.4. A "Force Majeure Event" shall mean any event that is beyond the reasonable control of BabyChakra and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, etc.
9) CHANGES TO THIS POLICY
We reserve the right to amend this Policy from time to time to reflect changes in the law, Our data collection and use practices, the features of the BabyChakra Web Platforms, or advances in technology. Please check this page periodically for changes. Use of information We collect is subject to this Policy in effect at the time such information is used. If We make any material changes to this Policy, We will post the changes on the BabyChakra Web Platforms. Please review the changes carefully. Your continued use of the BabyChakra Web Platforms following the posting of changes to this Policy will constitute Your consent and acceptance of those changes.
10) GENERAL PROVISIONS
By accessing Our Platforms, You have agreed to the terms set out in this Policy. This Policy should be at all times read along with the Terms & Conditions of use of the BabyChakra Web Platforms. Unless stated otherwise, the Policy applies to all information that BabyChakra has about You and Your account. Any disputes arising under this Policy shall be governed by the laws of India and the Courts in Mumbai shall have exclusive jurisdiction.
11) GRIEVANCE OFFICER
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer who can be contacted with respect to any complaints or concerns including those pertaining to breach of BabyChakra’s Terms & Conditions, and other polices or questions are published as under:
Grievance Officer Name: Ketan Bhola
Email address: firstname.lastname@example.org
[10:00 AM to 6:00 PM from Monday to Friday except Public Holidays]