Terms Of Service
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.
The Platform is owned by Blueneck Lifestyle LLP, a company incorporated under the Companies Act, 1956 with its registered office at 325, 5th Cross, VBHS Complex, Sachidananda Nagar, Rajarajeshwari Nagar, Bengaluru – 560098, Karnataka, India (hereinafter referred to as "Blueneck").
SECTION 1 - ONLINE STORE TERMS
SECTION-2: 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. Blueneck reserves the right to terminate your membership and / or refuse to provide you with access to the Platform if it is brought to Blueneck's notice or if it is discovered that You are under the age of 18 years and transacting on the Platform.
SECTION-3: YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
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 Blueneck 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.
When You use the Platform or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
The Platform is a platform that Users utilize to meet and interact with one another for their transactions. Blueneck is not and cannot be a party to or control in any manner any transaction between the Platform's Users.
SECTION-5: CONTRACTUAL TERMS
All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Blueneck does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. All discounts, offers (including exchange offers) are by the Seller/Brand and not by Blueneck.
Placement of order by a Buyer with Seller on the Platform is an offer to buy the product(s) in the order by the Buyer to the Seller and it shall not be construed as Seller's acceptance of Buyer's offer to buy the product(s) ordered. The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by Seller, shall be refunded to the Buyer. Further, the Seller may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual's consumption quantity limit shall be based on various factors and at the sole discretion of the Seller and may vary from individual to individual.
Blueneck 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 Platform. Blueneck does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Blueneck accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Blueneck is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Blueneck cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform. Blueneck shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
Blueneck does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Platform and use Your best judgment in that behalf.
Blueneck does not at any point of time during any transaction between Buyer and Seller on the Platform come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
At no time shall Blueneck hold any right, title or interest over the products nor shall Blueneck have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Blueneck is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
The Platform is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Blueneck is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.
Blueneck is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.
Disclaimer: Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
You release and indemnify Blueneck 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 Platform and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Blueneck cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.
Please note that there could be risks in dealing with underage persons or people acting under false pretense.
Membership on the Platform is free for buyers. Blueneck does not charge any fee for browsing and buying on the Platform. Blueneck reserves the right to change its Fee Policy from time to time. In particular, Blueneck may at its sole discretion introduce new services and modify some or all of the existing services offered on the Platform. In such an event Blueneck 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 Platform and such changes shall automatically become effective immediately after they are posted on the Platform. 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 Blueneck Lifestyle LLP.
SECTION-7: 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;
(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;
(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 Blueneck, amrak, amrak.in, Blueneck Lifestyle, Amrak, Urban Dingo, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Blueneck or sellers on platform or otherwise tarnish or dilute any Blueneck'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 Blueneck's systems or networks, or any systems or networks connected to Blueneck.
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 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.
From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Platform and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Platform, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Platform. Please carefully select the type of information that You publicly disclose or share with others on the Platform.
Blueneck shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
You acknowledge and agree that Hindi translation feature is made available on the Website on a reasonable effort basis for convenience only, without any representation or warranties by Blueneck, express or implied, including it being error free, its accuracy, completeness or reliability. Blueneck expressly disclaims any liability of any nature whatsoever arising from or related to the said Hindi translation feature. Some features and sections on the Website may not be translated in Hindi language, and the English version of the same will be the definitive version. In the event of any conflict or inconsistency between the translated terms and the English version available on the Website, the English version on the Website shall prevail. This feature may not be accessible on certain devices. Blueneck reserves the right to change, enhance, suspend, or discontinue this feature, or any part of it, at any time without notice to You.
SECTION-8: CONTENTS POSTED ON PLATFORM
You may use information on the products and services purposely made available on the Platform for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THE PLATFORM.
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.
We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
SECTION-10: DISCLAIMER OF WARRANTIES AND LIABILITY
This Platform, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Blueneck does not warrant that:
This Platform will be constantly available, or available at all; or
The information on this Platform is complete, true, accurate or non-misleading.
Blueneck will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Platform. Blueneck does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Platform; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
Nothing on Platform constitutes, or is meant to constitute, advice of any kind. All the Products sold on Platform are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You.
You will be required to enter a valid phone number while placing an order on the Platform. By registering Your phone number with us, You consent to be contacted by Us via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Platform. Blueneck reserves the right to delete such multiple listings of the same product listed by you in various categories.
While availing any of the payment method/s available on the Platform, 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:
Lack of authorization for any transaction/s, or
Exceeding the preset limit mutually agreed by You and between "Bank/s", or
Any payment issues arising out of the transaction, or
Decline of transaction for any other reason/s
All payments made against the purchases/services on Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Platform will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Platform.
Before shipping / delivering your order to you, Seller 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.
Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render Blueneck liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Blueneck's Platform.
You understand, accept and agree that the payment facility provided by Blueneck is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Blueneck Platform using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Blueneck is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
Payment Facility for Buyers:
You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
You, as a Buyer, shall electronically notify Payment Facility using the appropriate Blueneck Platform features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.
You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Platform features within the stipulated time than this would make You ineligible for a refund.
You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services
Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received, or through any other method available on the Platform, as chosen by You.
For Cash On Delivery transactions, refunds, if any, will be made via electronic payment transfers.
Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
Refunds may be supported for select banks. Where a bank is not supported for processing refunds, You will be required to share alternate bank account details with us for processing the refund.
Refund shall be conditional and shall be with recourse available to Blueneck in case of any misuse by Buyer.
We may also request you for additional documents for verification.
Refund shall be subject to Buyer complying with Policies.
Blueneck reserves the right to impose limits on the number of Transactions or Transaction Price which Blueneck may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
Blueneck reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Blueneck or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
Blueneck may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of Blueneck. As a result of such check if Blueneck is not satisfied with the creditability of the Buyer or genuineness of the Transaction or other reasons at its sole discretion, Blueneck shall have the right to reject the receipt of / Buyers commitment to pay Transaction Price. For avoidance of doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for payment, may be disabled for certain account users, at the sole discretion of Blueneck.
Blueneck may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if Blueneck deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, Blueneck may hold Transaction Price and Blueneck may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
The Buyer and Seller acknowledge that Blueneck will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of Blueneck.
SECTION-13: COMPLIANCE WITH LAWS:
As required by applicable law, if the Customer makes a purchase of an amount equal to or above INR 2,00,000.00, the Customer will be required to upload a scanned copy of his/her PAN card on the Platform, within 4 days of making the purchase, failing which, the purchase made by the Customer will be cancelled. The requirement to submit the PAN card arises only once and if it has been submitted once by the Customer, it need not be submitted again. The order of the Customer shall stand cancelled if there is a discrepancy between the name of the Customer and the name on the PAN Card.
Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Blueneck Platform.
SECTION-14: BUYER'S ARRANGEMENT WITH ISSUING BANK:
All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
SECTION-15: DIGITAL CONTENT: BLUENECK VIDEO
These Terms of Service (“Terms”) govern your access to and use of Blueneck Video (hereinafter referred to as “Content”). By viewing the Contents you agree to be bound by these Terms. Content posted on the Platform is public and can be viewed by everyone who can see the Page.
The Content is being hosted on Blueneck website and mobile App (“Platform”), that is owned and operated by Blueneck Lifestyle LLP (“Blueneck”, “We” or “Our”).
Use of Blueneck Services is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872.You must be 18 years of age, to avail the Services. Minors may only use the service under the supervision of an adult.
Blueneck is hosting the Content generated by third parties (“Platform Partners/Content Owners”), within the Blueneck Platform for convenience of Platform Users free of cost that will allow you to access the digital contents like – Advertisement Video-On-Demand. As such, Blueneck has no ownership or control whatsoever in the Contents displayed. The Contents posted are third party generated contents wherein Blueneck plays no role in creating/developing the Content. You are responsible for your use of the Platform for viewing the Content.
By hosting the Content on the Platform, Blueneck is neither guaranteeing nor giving any warranty nor making any representation with respect to the Contents. Blueneck is neither endorsing the views, products or the Services, nor is it responsible for quality or features of the content displayed on the Platform.
Any information on the Platform, whether the content or any other information, have not been verified by Blueneck, therefore, Blueneck shall not be responsible for any such content or information. Blueneck will not bear any obligation or liability if You rely on the Contents.
If You choose to view or rely, Blueneck will neither be a party to nor in any manner concerned with the same nor be liable or responsible for any act or omission of the Content Owner.
You hereby acknowledge that the Contents are created and owned by Content Owners who own all the rights including the copyrights in the contents. The Contents are available on the Platform for personal use only and you shall not use it for any commercial, promotional, resale, further distribution or any other unauthorized purposes.
We can terminate your account or place your account on hold in order to protect our/Partners interest from an actual, probable or suspected theft or other fraudulent activity.
Any use or reliance on any Content or materials obtained by you through the Content is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted on the Platform or endorse any opinions expressed via the contents. You understand that by using the Platform, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the Content Owners who originated such Content. Blueneck may not monitor or control the Content posted on the Platform and, we do not take responsibility for such Content.
We may use information such as device ID, location or an account email address used with an existing Blueneck account to determine eligibility and any offers therof.
We may share personal information with our other corporate entities and Platform Partners only for the purposes of giving enhanced customer services. You hereby consent to sharing your information with Third parties unless you specifically opt out. Also, your access to the Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
If you see an offensive, abusive, or any unlawful content on the Platform, you can report it to customer care of Blueneck.
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Blueneck makes no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained through the Content, will create any warranty or representation not expressly made herein.
By using the Services you agree that Blueneck, its parents, affiliates, related companies, officers, directors, employees, agents representatives, partners and licensors, liability is limited to the maximum extent permissible by Law.
Governing laws: The ToU shall be governed, interpreted, and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be Bangalore.
We may revise these Terms from time to time.
Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. Blueneck make no representation that materials in the Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and Blueneck is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
SECTION-17: TRADEMARK, COPYRIGHT AND RESTRICTION
This site is controlled and operated by Blueneck and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Platform is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
Blueneck respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to Blueneck at email@example.com.
Blueneck we do not warrant that Product description or other content of this Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
Limitation of Liability
Blueneck prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.
This policy extends to text within listings, on Seller pages and all other areas of the site that another User may view. If the profane words are part of a title for the item being sold, we allow Sellers to 'blur' out the bulk of the offending word with asterisks (i.e., s*** or f***).
Please report any violations of this policy to the correct area for review:
Report offensive Display Names
Report offensive language in a listing or otherwise
If a feedback comment; or any communication made between Users on the Platform; or email communication between Users in relation to transactions conducted on Platform contain profanity, please review Our feedback removal policy and submit a request for action/removal.
Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning.
Blueneck will consider the circumstances of an alleged policy violation and the user's trading records before taking action.
Violations of this policy may result in a range of actions, including:
Limits placed on account privileges;
Loss of special status;
Blueneck shall have the right to delete a product review posted by the customer at its sole discretion, if it is of the opinion that the review contains offensive language as stated above. Further, if Blueneck is of the opinion that the review unfairly either: (i) causes disadvantage to a product; or (ii) increases the popularity of the product, Blueneck shall have the right to delete the customer review. Blueneck shall also, at its sole discretion have the right to blacklist the customer from posting any further customer reviews.
Definition: 'Return' is defined as the action of giving back the item purchased by the Buyer to the Seller on the Blueneck Platform. Following situations may arise:
Item was defective
Item was damaged during the Shipping
Products was / were missing
Wrong item was sent by the Seller.
Return could also result in refund of money in most of the cases.
Points to be noted:
Seller can always accept the return irrespective of the policy.
We encourage the Buyer to review the listing before making the purchase decision. In case Buyer orders a wrong item, Buyer shall not be entitled to any return/refund.
Buyer needs to raise the return request within the return period applicable to the respective product. Once Buyer has raised a return request by contacting Us on Our Toll Free Number, Seller while closing the return ticket can select one of the following:
Replace after shipment collection - Seller has agreed to wait for the logistics team to collect the shipment from the buyer before replacing it)
Refund after shipment collection - Seller has agreed to wait for the logistics team to collect the shipment from the buyer before refunding)
Refund without shipment collection - Seller has agreed to refund the buyer without expecting the original shipment back)
Replace without shipment collection - Seller has agreed to replace the order without expecting the original shipment back)
On certain select days as specified by Blueneck (such as 'End Of Season Sale') separate policies may be applicable.
In the event the Seller accepts the return request raised by the Buyer, Buyer will have to return the product and then the refund shall be credited to the Buyers account.
In case the Seller doesn't close the ticket in 3 days from the date of intimation to the Seller about the refund request, the refund request shall be settled in favor of the Buyer.
Further for returns being made by Buyer to the Seller of the product, the following parameters needs to be ensured by the Buyer:
Clothing and Footwear: Should be "New & Unworn" (other than for trial)
If the product being returned is not in accordance with the above parameters, then Buyer shall not be entitled to any refund of money from the Seller.
Shipping cost for returning the product shall be borne and incurred by the Seller.
Definition: Replacement is the action or process of replacing something in place of another. A Buyer can request for replacement whenever he is not happy with the item, reason being Damaged in shipping, Defective item, Item(s) missing, wrong item shipped and the like.
Points to be noted:
Seller can always accept the return irrespective of the policy.
If Seller disagrees for a return request, Buyer can file a dispute under Buyer Protection Program*.
Buyer needs to raise the replacement request within the return period applicable to the respective product. Once Buyer has raised a replacement request by contacting Us on the Contact Number provided on the Platform. Once the replacement request has been raised, the following steps shall be followed:
Buyer is asked for "Reason for Return". Among others, the following are the leading reasons:
Shipping was damaged
Item was defective
Item Dead on Arrival
Item(s) were missing
Wrong item sent
An intimation shall be provided to Seller seeking either "approval" or "rejection" of the replacement request.
In case the Seller accepts the replacement request, Buyer shall be required to return the product to the Seller and only after return of the product, Seller shall be obliged to provide the replacement product to the Buyer.
Incase Seller rejects the replacement request, Buyer can choose to raise a dispute by writing to firstname.lastname@example.org.
In case the Seller doesn't have the product at all, Seller can provide the refund to the Buyer and Buyer shall be obligated to accept the refund in lieu of replacement. All the product parameters shall be required to be complied with in cases of replacement.
If the Seller doesn't respond to the Buyer's replacement request, within three (3) days from the date of replacement request placed by the Buyer, refund shall be processed in favour of Buyer and Seller shall be liable to refund amount paid to the Seller.
All shipping and other replacement charges shall be borne and incurred by the Seller.
Disputes (Resolutions) Policy
Generally, transactions are conducted smoothly on Blueneck. However there may be some cases where both the Buyers and Sellers may face issues. At Blueneck, we have a Dispute Resolution process in order to resolve disputes between Buyers and Sellers.
What is a 'dispute'?
A 'Dispute' can be defined as a disagreement between a Buyer and a Seller in connection with a transaction on the Platform.
How does a 'dispute' occur in the Marketplace?
Disputes are filed as a result of a disagreement between the Buyer and the Seller. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.
It is important that before a Buyer/Seller raises a dispute, they should attempt to solve the issue. Please note that whenever a Buyer raises a dispute, the Seller's payment for that order is put on hold immediately until the issue is resolved.
How is a 'dispute' created?
Whenever there is a disagreement, the parties can write to email@example.com. Disputes can be raised at a particular transaction level.
What are the various types of 'disputes'?
Following are the indicative examples of potential disputes:
Wrong item received
Item Not as described
Damaged or Seal broken on Product
Item not Compatible
Seller Description/Specification Wrong
Defective (Functional issues)
Product not working and Manufacturer claims invalid Invoice
In case the Seller rejects the return request of the Buyer, and Buyer raises a dispute, then Blueneck will try to mediate and resolve the dispute between both the parties. If the dispute is resolved in favour of the Buyer, a refund is provided once the product is returned to the Seller. If the dispute is settled in favour of the Seller, Buyer is entitled to any refund.
Buyer Eligibility and Restrictions
Only the Buyers who have purchased the product on Blueneck are eligible for the Buyer Protection Program.
Buyers can file a dispute within 45 days from the date of delivery of the product
Any damage or loss to the product after delivery will not be covered under this program and will completely be the Buyer's responsibility. Buyers should refuse to accept delivery if the item is damaged.
To be able to take advantage of the Buyer Protection Program, Buyers should first contact the Seller and attempt to resolve the issue. If the Buyer doesn't hear from the Seller or is unable to resolve the issue with the Seller even after contact, a dispute can be raised with Blueneck by writing an email to firstname.lastname@example.org
Buyers who have reached their maximum lifetime limit for claims are also not eligible. Buyers can make a maximum of 5 claims per year on Blueneck. If the claim was withdrawn, it is not counted. The coverage amount will be limited to 50,000
Raising disputes against Sellers does not automatically entitle the Buyer to a refund or replacement for the product purchased. Blueneck shall verify the disputes so raised and may process only such claims that are valid and genuine.
Blueneck shall at no point be responsible for any direct or indirect losses, expenses, costs of any nature whatsoever that may be incurred by any Buyer/Seller.
Claims of the nature of 'Buyer remorse' (i.e. instances where products are bought by the Buyer by mistake or where the Buyer chooses to change his/her mind with regard to the product purchased by him) will not be entertained through this program.
Blueneck reserves its right to initiate civil and/or criminal proceedings against a User who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Blueneck may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that user and any related users from availing protection through this program.
Blueneck Customer Support Team may seek additional information / clarification from Buyer to facilitate resolution of the dispute. In the event Buyer does not respond with information / clarification sought within 10 days of such request, the dispute shall be auto-closed in favour of the Seller.
Disputes via Chargeback
Whenever a chargeback (CB) comes from a payment gateway/bank, following situations may arise:
Item not received CB - Buyer hasn't received the item. Refund will be created in accordance with the dispute policies
Unauthorized CB - Buyer hasn't made this particular transaction. Refund will be created in accordance with the dispute policies.
Seller expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of the Seller. Furthermore, Seller shall ensure that invoices state "Powered by Blueneck" and failing to do so Seller will be liable for chargebacks (as applicable).
Item not as described - meaning item is not what Buyer expected. Dispute will be decided in accordance with the dispute policies.
Email Abuse & Threat Policy
Private communication, including email correspondence, is not regulated by Blueneck. Blueneck encourages its Users to be professional, courteous and respectful when communicating by email.
However, Blueneck will investigate and can take action on certain types of unwanted emails that violate Blueneck policies.
Threats of Bodily Harm - Blueneck does not permit Users to send explicit threats of bodily harm.
Misuse of Blueneck System - Blueneck allows Users to facilitate transactions through the Blueneck system, but will investigate any misuse of this service.
Spoof (Fake) email - Blueneck will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to Us through 'Contact Us' tab.
Spam (Unsolicited Commercial email) - Blueneck's spam policy applies only to unsolicited commercial messages sent by Blueneck Users. Blueneck Users are not allowed to send spam messages to other Users.
Offers to Buy or Sell Outside of Blueneck - Blueneck prohibits email offers to buy or sell listed products outside of the Blueneck Platform. Offers of this nature are a potential fraud risk for both Buyers and Sellers.
Blueneck policy prohibits user-to-user threats of physical harm via any method including, phone, email and on Our public message boards.
Violations of this policy may result in a range of actions, including:
Limits on account privileges
Cancellation of listings
Loss of special status
Blueneck does not take responsibility or liability for the actions, products, content and services on the Platform, which are linked to Affiliates and / or third party Platforms using Platform's APIs or otherwise. In addition, the Platform may provide links to the third party Platforms of Our affiliated companies and certain other businesses for which, Blueneck assumes no responsibility for examining or evaluating the products and services offered by them. Blueneck do not warrant the offerings of, any of these businesses or individuals or the content of such third party Platform(s). Blueneck does not endorse, in any way, any third party Platform(s) or content thereof.
Infringement Verification - Reporting Listing Violations
Intellectual property owners can easily report listings that infringe their rights. It is in Blueneck's interest to ensure that infringing products are removed from the site, as they erode Buyer and good Seller trust.
If you are a Verified Rights Owner and want to report a listing issue, contact us. Note: Only the intellectual property rights owner can report potentially infringing products or listings. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us.
If your listing was removed and you believe that your listing was removed in error, please [contact us].
Blueneck does not and cannot verify that Sellers have the right or ability to sell or distribute their listed products. However, Blueneck is committed to removing infringing or unlicensed products once an authorized representative of the rights owner properly reports them to Blueneck.
Blueneck works to ensure that item listings do not infringe upon the copyright, trademark or other intellectual property rights of third parties. Participants have the ability to identify and request removal of allegedly infringing products and materials.
Any person or company who holds intellectual property rights (such as a copyright, trademark or patent) which may be infringed upon by products listed on Blueneck is encouraged to become a member.
Program membership entitles you (Verified Rights Owner) to the following benefits:
Rapid response by Blueneck in ending listings reported by you (as the Verified Rights Owner) as allegedly infringing
Dedicated priority email queues for reporting alleged infringements
The ability to obtain identifying information about Blueneck's users'
How to Become a Member
To join, we require only that you fully complete and email Us a Notice of Infringement form specifying the allegedly infringing listings and the infringed work, complete with an original authorized signature. The information requested by the Notice of Infringement is designed to ensure that parties reporting products are authorized by the rights owners, and to enable Blueneck to easily identify the material or listing to be ended.
In the interest of keeping the process easy and simple, after we receive your first Notice of Infringement in hard copy, future notices can be sent to Us by email at email@example.com.
Note: In your notice of infringement, you shall be required to identify the individual listing which is infringing your intellectual property. General notices shall not be accepted.
We are happy to receive such information, but must advise that we may be limited in Our ability to respond to your request absent formal notice from an authorized rights owner.
Notice of Infringement
Blueneck Lifestyle LLP
I, [name] ____________________________ of [address] _________________________ do solemnly and sincerely declare as follows:
I am the owner of certain intellectual property rights, said owner being named __________________ ("IP Owner").
I have a good faith belief that the item listings or materials identified in the annexure attached hereto are not authorised by the above IP Owner, its agent, or the law and therefore infringe the IP Owner's rights. Please expeditiously remove or disable access to the material or products claimed to be infringing.
I may be contacted at:
Title & Company ________________________________________________________
Email (correspondence) ___________________________________________________
and I make this declaration conscientiously believing it to be true and correct.
Declared by ______________________________
on [date] ___________________________________ in [place]________
Addendum to Notice of Infringement:
List of Allegedly Infringing Listings, Products, or Materials
A Note on Reason Codes: When identifying item numbers please use the reasons below. When removing products from the site, Blueneck will inform Sellers of the specific reason for the removal of their products.
Select the most appropriate reason. Please associate each item you report with only one reason code.
Trademark owner doesn't make this type of product or has discontinued the production of the product
Item(s) is an unlawful replica of a product made by the trademark owner or is counterfeit
Trademark-listing description infringement
Listing(s) has unlawful comparison to trademark owner's brand or product
Listing(s) contains unlawful use of trademark owner's logo
Software is being offered without any license or in violation of a license
Item(s) is a bootleg recording;
Item(s) is an unlawful copy (software, games, movies, etc.);
Item(s) is unlawful duplication of printed material
Item(s) is an unlawful copy of other copyrighted work (paintings, sculptures, etc.)
Copyright-listing content infringement
Listing(s) comprises unauthorized copy of copyrighted text
Listing(s) comprises unauthorized copy of copyrighted image
Listing(s) comprises unauthorized copy of copyrighted image and text
Reason Code: _____________________________________________________________
Item Number(s): ___________________________________________________________
Please provide the ownership of Trademark (Trademark Registration Certificate should be in the name of applicant)
Please provide the evidence as to the ownership of copyright.
All such Notices of Infringement shall be sent to firstname.lastname@example.org.
SECTION-21: CONTACTING THE SELLER
At Blueneck we are committed towards ensuring that disputes between sellers and buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that a buyer wishes to contact the seller, he/ she may proceed to do so by accessing the seller related information made available by the sellers on their product listing pages. Alternatively, the buyers may also reach out to customer support at 9986187890.
SECTION-22: CONTACT US
Please [contact us] for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform.
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Mr. Abhishek Rao
Blueneck Lifestyle LLP,
325, 5th Cross, VBHS Complex,
Bengaluru District, Karnataka : 560098, India
Time: Mon - Sat (9:00 - 18:00)