Terms of Use
This document is an electronic record in terms of Information
Technology Act, 2000 and rules there under
as applicable and the amended provisions pertaining to electronic
records in various statutes as amended
by the Information Technology Act, 2000. This electronic record is
generated by a computer system and does
not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule
3 (1) of the Information Technology
(Intermediaries guidelines) Rules, 2011 that require publishing the
rules and regulations, privacy policy
and Terms of Use for access or usage of domain name www.biddano.com
(“Website”), including the related
mobile site and mobile application (hereinafter referred to as
“Platform”)
The Platform is owned by Biddano Private Limited a company
incorporated under the Companies Act, 2013 with
its registered office at HD-012, 1st Floor, WeWork Office, Futura,
Sr. No. 133 (P), CTS No. 4944, Pune, Maharashtra, India –
411028 India (hereinafter referred to as “Biddano”).
Your use of the Platform and services and tools are governed by the
following terms and conditions (“Terms
of Use”) as applicable to the Platform including the applicable
policies which are incorporated herein by
way of reference. If You transact on the Platform, You shall be
subject to the policies that are
applicable to the Platform for such transaction. By mere use of the
Platform, You shall be contracting
with Biddano Private Limited and these terms and conditions
including the policies constitute Your binding
obligations, with Biddano.
For the purpose of these Terms of Use, wherever the context so
requires “You” or “User” shall mean any
natural or legal person who has agreed to become a buyer on the
Platform by providing Registration Data
while registering on the Platform as Registered User using the
computer systems. Biddano allows the User
to surf the Platform or making purchases without registering on the
Platform. The term “We”, “Us”, “Our”
shall mean Biddano Private Limited.
When You use any of the services provided by Us through the
Platform, including but not limited to, (e.g.
Product Reviews, Seller Reviews), 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 this Terms of Use
and shall be considered as part and parcel of this Terms of Use. We
reserve the right, at Our sole
discretion, to change, modify, add or remove portions of these Terms
of Use, at any time without any prior
written notice to You. It is Your responsibility to review these
Terms of Use periodically for updates /
changes. Your continued use of the Platform following the posting of
changes will mean that You accept and
agree to the revisions. As long as You comply with these Terms of
Use, We grant You a personal,
non-exclusive, non-transferable, limited privilege to enter and use
the Platform.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR
AGREEMENT TO ALL THE TERMS AND CONDITIONS
UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY
BEFORE PROCEEDING. By impliedly or
expressly accepting these Terms of Use, You also accept and agree to
be bound by Biddano Policies
((including but not limited to Privacy Policy available at Privacy)
as amended from time to time.
Membership Eligibility
Transaction on the Platform 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 un-discharged insolvents etc. are not
eligible to use the Platform. If you
are a minor i.e. under the age of 18 years, you may use the Platform
or access content on the Platform
only under the supervision and prior consent/ permission of a parent
or legal guardian.
As a minor if you wish to transact on the Platform, such transaction
on the Platform may be made by your
legal guardian or parents. Biddano reserves the right to terminate
your membership and / or refuse to
provide you with access to the Platform if it is brought to
Biddano’s notice or if it is discovered that
You are under the age of 18 years and transacting on the
Platform.
Your Account and Registration Obligations
If You use the Platform, You shall be responsible for maintaining
the confidentiality of your Display Name
and Password and You shall be responsible for all activities that
occur under your Display Name and
Password. 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 this Terms of
Use, We shall have the right to
indefinitely block access to the Platform and refuse to provide You
with access to the Platform.
Your mobile phone number and/or e-mail address is treated as Your
primary identifier on the Platform. It
is your responsibility to ensure that Your mobile phone number and
your email address is up to date on the
Platform at all times. You agree to notify Us promptly if your
mobile phone number or e-mail address
changes by updating the same on the Platform through a onetime
password verification.
You agree that Biddano shall not be liable or responsible for the
activities or consequences of use or
misuse of any information that occurs under your Account in cases,
including, where You have failed to
update Your revised mobile phone number and/or e-mail address on the
Website Platform.
If You share or allow others to have access to Your account on the
Platform (“Account”), by creating
separate profiles under Your Account, or otherwise, they will be
able to view and access Your Account
information. You shall be solely liable and responsible for all the
activities undertaken under Your
Account, and any consequences therefrom.
Condition for Use of the Platform
You agree, undertake and confirm that Your use of Platform shall be
strictly governed by the following
binding principles:
You shall not host, display, upload, modify, publish, transmit,
update or share any information which:
(a) belongs to another person and to which You does not have any
right to;
(b) 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; or unlawfully
threatening or unlawfully harassing including but not limited to
“indecent representation of women” within
the meaning of the Indecent Representation of Women (Prohibition)
Act, 1986;
(c) is misleading in any way;
(d) is patently offensive to the online community, such as sexually
explicit content, or content that
promotes obscenity, paedophilia, racism, bigotry, hatred or physical
harm of any kind against any group or
individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of “junk mail”, “chain letters”, or
unsolicited mass mailing or
“spamming”;
(g) promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libellous;
(h) infringes upon or violates any third party’s rights [including,
but not limited to, intellectual
property rights, rights of privacy (including without limitation
unauthorized disclosure of a person’s
name, email address, physical address or phone number) or rights of
publicity];
(i) promotes an illegal or unauthorized copy of another person’s
copyrighted work (see “Copyright
complaint” below for instructions on how to lodge a complaint about
uploaded copyrighted material), such
as providing pirated computer programs or links to them, providing
information to circumvent
manufacture-installed copy-protect devices, or providing pirated
music or links to pirated music
files;
(j) contains restricted or password-only access pages, or hidden
pages or images (those not linked to or
from another accessible page);
(k) provides material that exploits people in a sexual, violent or
otherwise inappropriate manner or
solicits personal information from anyone;
(l) provides instructional information about illegal activities such
as making or buying illegal weapons,
violating someone’s privacy, or providing or creating computer
viruses;
(m) contains video, photographs, or images of another person (with a
minor or an adult).
(n) tries to gain unauthorized access or exceeds the scope of
authorized access to the Platform or to
profiles, blogs, communities, account information, bulletins, friend
request, or other areas of the
Platform or solicits passwords or personal identifying information
for commercial or unlawful purposes
from other users;
(o) engages in commercial activities and/or sales without Our prior
written consent such as contests,
sweepstakes, barter, advertising and pyramid schemes, or the buying
or selling of “virtual” products
related to the Platform. Throughout this Terms of Use, Biddano’s
prior written consent means a
communication coming from Biddano’s Legal Department, specifically
in response to Your request, and
specifically addressing the activity or conduct for which You seek
authorization;
(p) solicits gambling or engages in any gambling activity which We,
in Our sole discretion, believes is or
could be construed as being illegal;
(q) interferes with another USER’s use and enjoyment of the Platform
or any other individual’s User and
enjoyment of similar services;
(r) refers to any Platform or URL that, in Our sole discretion,
contains material that is inappropriate
for the Platform or any other Platform, contains content that would
be prohibited or violates the letter
or spirit of these Terms of Use.
(s) harm minors in any way;
(t) infringes any patent, trademark, copyright or other proprietary
rights or third party’s trade secrets
or rights of publicity or privacy or shall not be fraudulent or
involve the sale of counterfeit or stolen
products;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of
such messages or communicates any
information which is grossly offensive or menacing in nature;
(w) impersonate another person;
(x) contains software viruses or any other computer code, files or
programs designed to interrupt, destroy
or limit the functionality of any computer resource; or contains any
trojan horses, worms, time bombs,
cancelbots, easter eggs or other computer programming routines that
may damage, detrimentally interfere
with, diminish value of, surreptitiously intercept or expropriate
any system, data or personal
information;
(y) 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 offence or
prevents investigation of any offence or is insulting any other
nation.
(z) shall not be false, inaccurate or misleading;
(aa) shall not, directly or indirectly, offer, attempt to offer,
trade or attempt to trade in any item,
the dealing of which is prohibited or restricted in any manner under
the provisions of any applicable law,
rule, regulation or guideline for the time being in force.
(ab) shall not create liability for Us or cause Us to lose (in whole
or in part) the services of Our
internet service provider (“ISPs”) or other suppliers;
You shall not use any “deep-link”, “page-scrape”, “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 any Content, or in any way reproduce
or circumvent the navigational
structure or presentation of the Platform or any Content, to obtain
or attempt to obtain any materials,
documents or information through any means not purposely made
available through the Platform. We reserve
Our right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or
feature of the Platform, or any other
systems or networks connected to the Platform or to any server,
computer, network, or to any of the
services offered on or through the Platform, by hacking, password
“mining” or any other illegitimate
means.
You shall not 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 Platform, or any other customer, including any account on
the Platform not owned by You, to its
source, or exploit the Platform or any service or information made
available or offered by or through the
Platform, 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 Platform.
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 including the terms Biddano,
Biddano.com, or otherwise engage in any
conduct or action that might tarnish the image or reputation, of
Biddano or sellers on platform or
otherwise tarnish or dilute any Biddano’s 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
Platform or Biddano’s systems or networks, or any systems or
networks connected to Biddano.
You agree not to use any device, software or routine to interfere or
attempt to interfere with the proper
working of the Platform or any transaction being conducted on the
Platform, or with any other person’s use
of the Platform.
You may not forge headers or otherwise manipulate identifiers in
order to disguise the origin of any
message or transmittal You send to Us on or through the Platform or
any service offered on or through the
Platform. You may not pretend that You are, or that You represent,
someone else, or impersonate any other
individual or entity.
You may not use the Platform or any 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 Biddano and / or others.
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 service and Your
listing, purchase, solicitation of offers
to purchase, and sale of products or services. You shall not engage
in any transaction in an item or
service, which is prohibited by the provisions of any applicable law
including exchange control laws or
regulations for the time being in force.
You shall not engage in advertising to, or solicitation of, other
Users of the Platform to buy or sell any
products or services, including, but not limited to, products or
services related to that being displayed
on the Platform or related to us. You may not transmit any chain
letters or unsolicited commercial or junk
email to other Users via the Platform. It shall be a violation of
these Terms of Use to use any
information obtained from the Platform in order to harass, abuse, or
harm another person, or in order to
contact, advertise to, solicit, or sell to another person other than
Us without Our prior explicit
consent. In order to protect Our Users from such advertising or
solicitation, We reserve the right to
restrict the number of messages or emails which a user may send to
other Users in any 24-hour period which
We deems appropriate in its sole discretion. 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
Platform) as necessary to satisfy any law, regulation or valid
governmental request. This may include,
without limitation, disclosure of the information in connection with
investigation of alleged illegal
activity or solicitation of illegal activity or in response to a
lawful court order or subpoena. 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
in connection with the investigation and/or resolution of possible
crimes, especially those that may
involve personal injury.
Refund Policy
1. Applicable products are returnable within the applicable return
window if you’ve received them in a
condition that is physically damaged, has missing parts or
accessories, defective or different from their
description
2. Return will be processed only if:
it is determined that the product was not damaged while in your
possession;
the product is not different from what was delivered to you;
the product is returned in original condition (with
brand’s/manufacturer’s box, MRP tag intact, user
manual, warranty card and all the accessories therein).
3. Products may not be eligible for return in some cases, including
cases of buyer’s remorse such as
incorrect model or color of product ordered or incorrect product
ordered.
4. Products marked as “non-returnable” on the product detail page
cannot be returned. However, in an
unlikely event of damaged, defective or wrong item delivered to you,
we will provide a full refund or
replacement, as applicable. We may contact you to ascertain the
damage or defect in the product prior to
issuing refund/replacement. We reserve the right to pick up the
product to ascertain the damage or defect
in the product prior to issuing refund/replacement.
5. Products may be eligible for replacement only if the same seller
has the exact same item in stock
Cancellation Policy
Once the order has been placed, it can be cancelled as long as the order hasn't entered the shipping process. Once the order has been processed, cancellation charges will be applicable as per actuals.