Terms Of Use
These terms of use ("Terms of Use") mandate the terms on which the users ("You" or "Your" or "Yourself" or "User") access and/or register on the app 'BEMUL Indent' (licensed by BEMUL Limited) operated and managed by Belgaum District Co-operative Milk Producers' Societies Union Ltd ("BEMUL" or "BEMUL Ltd." or "Us" or "Our" or "We"), collectively referred to as, "the Platform". The Platform acts as a mere facilitator between the sellers registered on the Platform ("Seller") and buyers purchasing or interested in purchasing the products sold under the brand name/trademarks of BEMUL Ltd. ("Nandini") available for sale on the Platform ("Products").
By accessing the Platform, registering on the Platform, taking any action on the Platform and /or using our services offered on the Platform, You accept this Terms of Use and the Privacy Policy and agree to be legally bound by the same. These Terms of Use apply to all users of the Platform, including users who are browsers, Sellers, customers, merchants and / or contributors of content. You acknowledge that the Terms of Use and the Privacy Policy constitute an agreement between You and BEMUL. Please read the Terms of Use and Privacy Policy carefully before using or registering on the Platform or accessing any material or information through the Platform.
BEMUL retains an unconditional right to modify or amend the Terms of Use without any requirement to notify You of the same. Any new tools, features or offers which are added to the Platform shall also be subject to the Terms of Use. It shall be Your responsibility to check the Terms of Use periodically for changes. Your acceptance of the amended Terms of Use shall signify Your consent to such changes and agreement to be legally bound by the same.
1. Eligibility to Use Services
- The Platform is not available to minors i.e. persons under the age of 18 (eighteen) years or to any Users suspended or removed by BEMUL for any reason whatsoever. A minor may use/access the Platform under the supervision of an adult parent or legal guardian who agrees to be bound by these Terms of Use. You are however, prohibited (even under provision) from purchasing any Product(s) which is for adult consumption, the sale of which to minors is prohibited. You represent that You are of legal age to form a binding contract and are not a person barred from receiving services from the Platform under the applicable laws.
- BEMUL reserves the right to refuse access to the Platform to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
- You shall not have more than one active Account (as defined hereinafter) on the Platform. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purposing of creating an account with the Platform.
- The Platform is intended to be for end-consumers desirous of purchasing Product(s) for domestic self-consumption. If You are a retailer, institution, wholesaler or any other business user, You are not eligible to use the Platform to purchase Products from Sellers through the Platform.
2. User Account, Password and Security
- Since Platform is available only for registered BEMUL agents, BEMUL will provide secured user credentials individually to all its agents and does not seek any personal information through the Platform.
- In addition to any right that BEMUL may have against You at law or in equity, for any misrepresentation of information provided by You.
- You will be responsible for maintaining the confidentiality of Your Account information, and are fully responsible for all activities that occur under Your Account. You agree to, immediately notify BEMUL of any unauthorized use of Your Account information or any other breach of security; BEMUL cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by BEMUL or any other user of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.
- Use of another User's Account information for shopping on the Platform is expressly prohibited.
- BEMUL do not share your personal information to any third party.
3. Payment Services
- All payments in respect of the Products shall be made to BEMUL through the Platform. To the extent permitted by applicable law and subject to BEMUL's Privacy Policy, You acknowledge and agree that BEMUL may use certain third-party vendors and service providers, including payment gateways, to process payments and manage payment card information.
- In order to make payments online, You undertake to use a valid payment card or bank details or third party wallets or details required for any other mode of payment ("Payment Details") with the authority to use the same, to have sufficient funds or credit available to complete the payment on the Platform in good standing. By providing the Payment Details, You represent, warrant, and covenant that:
- You are legally authorized to provide such Payment Details;
- You are legally authorized to perform payments using such Payment Details; and
- such action does not violate the terms and conditions applicable to Your use of such Payment Details or applicable law.
- You agree that You are responsible for any fees charged by Your mobile carrier in connection with Your use of the payment services through Your mobile. BEMUL shall use the Payment Details as described in BEMUL's Privacy Policy. You may add, delete, and edit the Payment Details You have provided from time to time through the Platform.
- The payment receipt for completion of a transaction shall be made available on the Platform and also sent to Your email address.
- Except to the extent otherwise required by applicable law, BEMUL is not liable for any payments authorized through the Platform using Your Payment Details. Particularly, BEMUL is not liable for any payments that do not complete because:
- Your payment card or bank account or third party wallet does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit in respect of the Payment Details provided;
- You have not provided BEMUL with correct Payment Details;
- Your payment card has expired; or
- Circumstances beyond BEMUL's control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.
- The Platform shall not be responsible for any unauthorized transactions conducted on our Platform using Your payment card or internet banking. The Platform shall not be obligated to refund any money to You in such instances.
- All information that is collected at the time of payment, like card details, names; passwords etc. are encrypted using Secure Socket Layer (SSL) coding.
4. Pricing and Modifications
- The price of the Products displayed on the Platform shall be either equal to or less than the Maximum Retail Price ("MRP") printed on such Products. If no such MRP is printed on such Products then such Products shall be sold at such price as may be determined by the Seller and as set out on the Platform. Prices for the Products are subject to change without any notice.
- We reserve the right to modify or discontinue a service and/or Product (or any part or content thereof) without notice at any time. We shall not be liable to You or any third party for any modification, price change, suspension or discontinuance.
- Any order/booking made for a Product through the Platform may be subject to additional terms and conditions (including offers, discount and sales schemes/ campaigns offered from time to time, delivery charges) mentioned therein, which You are presumed to have read and accepted at the time of placing the order/booking.
- There may be information on the Platform that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Platform is inaccurate at any time without prior notice (including after You have submitted Your order).
5. Cancellation, Returns and Exchange
- An order once placed and confirmed by the user, it cannot be cancelled by the customer. In an event of delivery agent unable to locate the address due to any unforeseen circumstances, BEMUL Store may cancel the order, inform the customer and initiate refund.
- Products once delivered are not returnable or exchangeable due to the nature of products.
- In an event of product/products found to be physically damaged, defective or different from the description on the detail page, the product amount will be refunded. The customer can raise a complaint and share the supporting images and receipt or invoice issued at the time of delivery with customer care team to make their claim. The issue needs to be reported within 24 hours from the delivery of the product.
6. Use of Platform
- Subject to compliance with the Terms of Use, BEMUL grants You a non-exclusive, limited privilege to access and use the Platform. You agree to use the Platform only: (a) for purposes that are permitted by the Terms of Use; and (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by BEMUL /other Users.
- We reserve the right, but are not obligated, to limit the sales of the Products and/or services to any person, geographic region or jurisdiction. We reserve the right to refuse any order You place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. We may exercise this right on a case-by-case basis.
- You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by BEMUL. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
- You acknowledge and agree that by accessing or using the Platform, You may be exposed to content from others that You may consider offensive, indecent or otherwise objectionable. BEMUL disclaims all liabilities arising in relation to such offensive content on the Platform.
You undertake not to host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which You do not have any right;
- is grossly harmful, harassing, blasphemous; defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harms minors in any way;
- contains software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
- violate or solicit others to violate any applicable laws or regulations for the time being in force within or outside India or anyone's right to privacy or personality;
- deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature;
- impersonates another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation;
- defames, abuses, harasses, threatens or otherwise violates the legal rights of others; and
- is misleading or known to be false in any way.
Further, You undertake not to:
- conduct or forward surveys, contests, pyramid schemes or chain letters;
- engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform);
- Attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any server, or through the Platform, by hacking, password mining or any other illegitimate means;
- Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform;
- collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Section;
- use the Platform or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of BEMUL or other third parties;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; and
- violate the Terms of Use contained herein or elsewhere.
Except as expressly indicated herein, BEMUL hereby grants You a non-exclusive, freely revocable (upon notice from BEMUL), non-transferable access to view any content available on the Platform, subject to the following conditions:
- You may access the content solely for personal, informational, and internal purposes, in accordance with the Terms of Use;
- You may not modify or alter the content available on the Platform;
- You may not distribute or sell, rent, lease, license or otherwise make any Content on the Platform available to others; and
- You may not remove any text, copyright or other proprietary notices contained in the Content downloaded from the Platform.
- You are accessing the Platform, the services provided therein and transacting at Your sole risk and You will use Your best and prudent judgment before entering into any transaction through the Platform. Before placing an order on the Platform, You will check the Product description carefully. By placing an order for a Product, You agree to be bound by the conditions of sale included in the Product's description.
7. Intellectual Property Rights
- The Platform and the processes, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) (collectively, the "Content") on the Platform is owned and controlled by BEMUL and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
- The trademarks, logos and service marks displayed on the Platform ("Marks") are the property of BEMUL or Sellers or other respective third parties, as the case may be. You are not permitted to use the Marks without the prior consent of BEMUL or the Sellers, or the third party that may own the Marks.
8. Disclaimer of Warranties & Liability
You expressly understand and agree that, to the maximum extent permitted by applicable law:
- The Platform, Products and other Content are provided by BEMUL on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, BEMUL makes no warranty that, (a) the Platform or Products will meet Your requirements or Your use of the Platform will be uninterrupted, timely, secure or error-free; (b) the results that may be obtained from the use of the Platform will be effective, accurate or reliable; (c) the quality of the Platform and the Products sold therein will meet Your expectations; or (d) any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by You from BEMUL shall create any warranty not expressly stated in the Terms of Use.
- BEMUL has made every effort to display as accurately as possible the available Products, including in respect of their colour, size, shape and appearance, as accurately as possible. However, the actual colour, size, shape and appearance may have variations from the depiction on Your mobile/computer screen.
- BEMUL will have no liability related to any user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. BEMUL also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user Content.
- BEMUL will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform either with or without Your knowledge.
BEMUL has endeavoured to ensure that all the information on the Platform is correct, but BEMUL neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information regarding the Products or otherwise. BEMUL shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, BEMUL shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond BEMUL's control.