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TERMS OF USE

Last Updated on: - 8th June 2023

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 www.drinkbump.in website and other owned and operated sub-domain(s) and page(s).

The domain name www.drinkbump.in is owned/licensed and operated by Boundless Brands Pvt Ltd, a company incorporated under the Companies Act, 2013 with its registered office at 90/31B, First Floor, Malviya Nagar, New Delhi 100017,New Delhi, India (hereinafter referred to as "Boundless"/ “Company”).

Boundless is an e- commerce website which provides access to various Products (hereinafter referred to as the “Products”), and services (hereinafter referred to as the “Services”), Boundless provides access to a variety of Products and Services including but not limited to access to the www.drinkbump.in website or any other sub-domain(s)/sub-page(s), mobile site and mobile application (hereinafter individually and collectively referred to as “Platform”).

These Terms of Use constitute a binding legal agreement between users and the Platform.

For the purpose of these Terms of Use, wherever the context so requires "You", “Your” or "User" shall mean any natural or legal person who is a User/visitor/registered buyer on the Platform accessing the Platform and browsing/buying various Products and Services , raising queries and seeking information and/ or who has agreed to become User on the Platform by providing registration data while registering on the Platform as registered User using the computer systems. Boundless allows its User to surf the Platform or making purchases without registering on the Platform. The term "We", "Us", "Our" shall refer to Boundless/Company.

Your use of the Platform, Services and tools are governed by the following 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 transactions. By mere use of the Platform, You shall be contracting with Boundless and these Terms of Use including the policies constitute Your binding obligations, with Boundless. You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such Products and Services, and they shall be deemed to be incorporated into these Terms of Use and shall be considered as part and parcel of these 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.

BY ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR ACCEPTANCE 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 Boundless’s and this Platform’s Terms of Use, You also accept and agree to be bound by Boundless’s various other policies (including but not limited to Privacy Policy available on https:// drinkbump.in/privacy-policy) as amended from time to time. We shall not be obliged to notify You, irrespective of the fact that You are registered or not, of any modifications made to the Terms of Use or to the Privacy Policy.

  1. YOUR ACCOUNT AND REGISTRATION OBLIGATIONS

Use of 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 minors, 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 shall not register as a User of the Platform and shall not transact on or use the Platform. Boundless reserves the right to terminate your membership and / or refuse to provide you with access to the Platform if it is brought to Boundless’s notice or if it is discovered that you are under the age of 18 years or otherwise legally disqualified or incompetent to enter into contract as per the Indian Contract Act or any other laws applicable in India. Furthermore, Boundless has the right at its sole discretion to refuse to provide access to or terminate the access of any person(s) whatsoever with or without notice.

If You use the Platform, maintaining the confidentiality of Your information including your display name and password (if applicable) and Your other personal information is solely your responsibility. You shall be responsible for all activities undertaken by You, including but not limited to use of the Platform for availing the various Products and Services. 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 these Terms of Use, We shall have the right to indefinitely suspend or terminate or block Your access to the Platform.

  2.  FEE POLICY AND PRICING

Registration on the Platform is free for Users. Boundless does not charge any fee for browsing on the Platform. Boundless does reserves the right to change its fee policy and Product/Service pricing from time to time at its sole discretion. In particular, Boundless may at its sole discretion introduce new Products and Services and modify some or all of the existing Products and Services offered on the Platform. In such an event Boundless reserve the right to introduce fees for any new Products and Services offered or amend/introduce fee and prices for existing Products and Services, as the case may be. Changes to the fee policy/pricing of the Products and Services shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees and prices shall be quoted in Indian Rupees. You/ Users shall be solely responsible for compliance of all applicable laws including those in India for making payments to Boundless, wherever applicable.

3. COMMUNICATIONS

When You use the Platform, or send emails or other data, information or communication to Us and provide Your information required for availing the Services, You agree and understand that You are communicating with Us through electronic records, by telephonic calls, SMS and You consent to receive communications via electronic records, telephone calls and SMSs 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.

4. CONTENTS POSTED ON PLATFORM:

THIRD PARTY CONTENT: - All text, graphics, videos, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), other than the ones created, originated and used by the Company is a third-party user generated content and Boundless has no control over such third-party user generated content.

USER GENERATED CONTENT: - Users shall solely be liable and responsible for the content they post on the Platform or any opinions expressed on the Platform in reference to any comments/user reviews etc. or the Platform in general. Boundless shall in no manner be held responsible for any opinion expressed, review made by any of the Users on this Platform and/ or is not and cannot be a party to or control in any manner any transaction between the Platform and the Users.

The User shall be solely responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Platform.

RIGHTS AND OBLIGATIONS: - Boundless reserves the right, but have no obligation, to monitor the content posted on the Platform. Boundless shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT YOU POST ON THE PLATFORM AND ALSO REMAIN LIABLE FOR THE CONTENT YOU POST IN YOUR PRIVATE MESSAGES OR MESSAGE BOARDS. Please be advised that such Content posted does not necessarily reflect Boundless’s views. In no event shall Boundless assume or have any responsibility or liability content posted by the User’s or for any claims, damages or losses resulting from purchase of Products and Services on the Platform and of the use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights/ ownership to post the Content on the Platform and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

LICENSE FOR THE CONTENT POSTED ON THE PLATFORM: By submitting, posting, or displaying your Content on the Platform or the Boundless community platform, you grant Boundless and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, translate, communicate and make available to the public, and otherwise use your Content in connection with the operation or use of the Platform or the Boundless community platform. The right is perpetual and irrevocable, to the maximum extent permitted by law.

INDEMNITY FOR THE CONTENT POSTED BY USERS: You/ Users of the Platform release and indemnify Boundless and/or any of its officers, assigns 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/ User may have in this behalf under any applicable law(s). Notwithstanding the indemnification mentioned hereinabove, despite its reasonable efforts in that behalf, Boundless cannot take responsibility or control the content and 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.

5. ADVERTISEMENTS ON THE PLATFORM AND PROMOTIONAL ACTIVITIES

We may use third-party advertising companies to serve ads when you visit our Platform. These companies/Platforms may collect and/ or use information (not including your name, address, email address, or telephone number) about your visits to this and other platforms in order to provide advertisements about goods and services of interest to you. Boundless is not responsible for the privacy practices or the content of those linked Platforms nor for any third party to whom we transfer your data in accordance with our Privacy Policy. Boundless assumes no responsibility for examining or evaluating the products and services offered by them. Boundless do not warrant the offerings of any of these businesses or individuals or the content of such third-party Platform(s). Boundless does not endorse, in any way, any third-party platform(s) or content thereof.

The Company shall run promotional activities on a time-to-time basis for the Users and the Company may at its sole discretion may withdraw the promotional activities without any prior information and intimation to the User. The Company shall not be liable to the User for any loss/damage(s) incurred by the User’s in relation to the promotional activities run by the Company.

6. PROFANITY POLICY

  1. Boundless prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area. This policy extends to text within the comments and queries posted on the Platform by any User and all other areas of the Platform that another User may view.

  1. 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

  1. Violations of this policy may result in a range of actions, including:
  • Limits placed on account privileges.
  • Account suspension. This shall be at Boundless’s sole discretion.
  • Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning. Boundless will consider the circumstances of an alleged policy violation and the user's trading records before taking action.

7. EMAIL ABUSE & THREAT POLICY

Private communication, including email correspondence, is not regulated by Boundless. Boundless encourages its Users to be professional, courteous and respectful when communicating by email. However, Boundless will investigate and can take action on certain types of unwanted emails that violate Boundless’s policies and these Terms of Use. Such instances include:

  1. Threats of Bodily Harm
  2. Misuse of any part or derogatory comments and feedback on the Platform
  3. Spoof (Fake) email
  4. Spam (Unsolicited Commercial email)
  5. Offers to Buy or Sell Outside of the Platform

Boundless 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
  • Account suspension

8. DISCLOSURE OF INFORMATION

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.

9. USE OF THE PLATFORM

You/ Users agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles and the Company shall have the absolute right to suspend Your account and take appropriate legal action solely at Your cost as the Company may deem fit:

  1. You/User shall not host, display, upload, modify, publish, transmit, update, or share any information on the Platform which:
    1. Belongs to another person and to which You/User do not have any right to.
    2. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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.
    3. Is misleading in any way.
    4. Infringes any copyright of content or any trademark of any third party on the Platform.
    5. Is patently offensive such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, false identity or any deceptive activity, bigotry, hatred or physical harm of any kind against any group or individual.
    6. Harasses or advocates harassment of another person on the Platform.
    7. Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming”.
    8. Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous.
    9. 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].
    10. Promotes an illegal or unauthorized copy of another person's copyrighted work, 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.
    11. Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page).
    12. Provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone.
    13. Provides instructional information about illegal activities.
    14. Contains video, photographs, or images of another person (with a minor or an adult).
    15. 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.
    16. 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 these Terms of Use, Boundless's prior written consent means a communication coming from Boundless's Legal Department/Management of Boundless, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization.
    17. Solicits gambling or engages in any gambling activity which We, in Our sole discretion, believe is or could be construed as being illegal.
    18. Interferes with another User's use and enjoyment of the Platform or any other individual's User and enjoyment of similar Services.
    19. 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.
    20. Harm minors in any way.
    21. 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 or by posting Content which is infringing to any third Party(s).
    22. Violates any law for the time being in force.
    23. Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
    24. Impersonate another person.
    25. 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, cancel bots, 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.
    26. 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.
  1. The User of this Platform is required to ensure and undertakes that the information provided on this Platform, or any actions of the User(s) on this Platform shall:
    1. Not be false, inaccurate, or misleading.
    2. 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.
    3. 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.
    4. 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.
    5. 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;
    6. 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;
    7. Not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or any other person/ entity or otherwise engage in any conduct or action that might tarnish the image or reputation, of Boundless on Platform or otherwise tarnish or dilute any Boundless'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 Boundless's systems or networks, or any systems or networks connected to Boundless.
    8. 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.
    9. 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.
    10. 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 Boundless and / or others.
    11. 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 regarding Your use of Our Platform and Our Services 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.
    12. Act in a bonafide manner to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information. You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Platform.

10 TRANSACTIONS AND PAYMENT METHODS ON THE PLATFORM

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:

  1. Lack of authorization for any transaction/s, or
  2. Exceeding the present limit mutually agreed by You and between "Bank/s", or
  3. Any payment issues arising out of the transaction, or
  4. Decline of transaction for any other reason/s.
  5. Unauthorised use of payment facility (credit card/debit card and any other online/offline payment facility) by the User impersonating any other person.

All payments made against the Products/Services on Platform by You shall compulsorily be in Indian Rupees acceptable in the Republic of India. Boundless/ 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, the authorised representative of the Company or the representative of the issuing bank/Payment gateway company may request You to provide additional documents and/or 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.

11. DISCLAIMERS FOR PAYMENT FACILITIES AND TRANSACTIONS

  1. Use of the payment facility shall not render Boundless liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty or fraud as regards the Products and /or Services listed on Boundless's Platform.

  1. You/User have specifically authorized Boundless or its service providers to collect, process, facilitate and remit payments and / or the transaction price electronically or through Cash on Delivery in respect of transactions through the payment facility. Your relationship with Boundless is on a principal-to-principal basis and by accepting these Terms of Use you agree that Boundless is an independent contractor for all purposes and does not have control of or liability for the Products or Services that are listed on Boundless's Platform that are used for payment facility.

  1. You understand, accept and agree that the payment facility provided by Boundless is neither a banking nor financial Service but is merely a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and payment gateway networks. Further, by providing payment facility, Boundless is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.

  1. Boundless reserves the right to impose limits on the number of transactions or transaction Price which Boundless 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.

  1. Boundless 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 Boundless or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.

  1. Boundless 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 Boundless. As a result of such check if Boundless is not satisfied with the creditability of the Buyer or genuineness of the transaction / transaction price, it will have the right to reject the receipt of / Buyers commitment to pay transaction price.

  1. Boundless may delay notifying the payment confirmation if Boundless deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the transaction and transaction price.
  2. The Buyer acknowledge that Boundless 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 Boundless.

12. BUYER'S ARRANGEMENT WITH ISSUING BANK

All Valid credit / debit/ cash card/ and other payment instruments are processed using a 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.

13. COMPLIANCE WITH LAWS

Users/Buyers 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 thereunder, 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 the payment facility and Boundless’s Platform.

14. DISPUTES VIA CHARGEBACK

Whenever a chargeback (hereinafter referred to as “CB”) comes from a payment gateway/bank, following situations may arise:

  1. Item not received CB - Buyer hasn't received the item. Refund will be created in accordance with the Dispute Resolution Clause in this Terms of Use.
  2. Unauthorized CB - Buyer hasn't made this particular transaction. Resolution shall be as per case to case basis and the decision of the Company shall be final and binding on the User/Buyer.

15. PAYMENT FACILITIES TO THE USER/BUYER

    1. You, as a Buyer, understand that upon initiating a transaction You are entering into a legally binding and enforceable contract with the said issuing bank/payment aggregator on the Platform to purchase the Products and /or Services using the payment facility, and You shall pay the transaction price through Your issuing bank/ instrument using the payment facility.
    2. You, as a Buyer, may agree with representatives of Boundless through electronic communication and electronic records and using the automated features as may be provided by the 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 these Terms of Use.
    3. You, as a Buyer, shall electronically notify the payment facility immediately upon delivery or non-delivery within the time period as provided. Non-notification by You of delivery or non-delivery within the time period specified 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.

16. GENERAL TERMS & CONDITIONS FOR BUYERS UNDER PROMOTIONAL ACTIVITIES

  1. Buyers should refrain from bribing/corrupting with any of the employees for undue benefit. Any such action will lead to suspension of the account. In case of such breach, the Company shall have the absolute right to take appropriate action solely at the Your cost and consequences.

  1. Any offers/coupons/deals cannot be combined with other offer/coupons/deals.

  1. Limited quantity is available until sold.

  1. Boundless reserves the right to cancel any order and refund the amount without notification or explanation.

  1. Unless specified otherwise, only one order is allowed per registered User under any promotion.

  1. Boundless may ask for more additional documentation before processing your order. Delivery of the Product can only be taken after the completion of required verification process.

  1. Offers/coupons/deals can end anytime without prior notice.

  1. Boundless does not take any responsibility of the item/Product condition, authenticity or validity of documents.

  1. Transaction is considered closed after the Buyer pays to the Company and receives delivery of the Product.

  1. Any item/Product will not be shipped unless mentioned explicitly otherwise.

17. RETURN AND REPLACEMENT POLICY

We encourage the Buyer to review the Product listing before making the purchase decision. Buyer shall not be entitled to any return/refund unless request for return/ refund/ replacement is made as per the process provided and, in the timelines, provided for the Product and/ or Services.

The following are some criteria for refund/return of Products: -

  • Buyers who have purchased the Product from the Platform are eligible for the said refund/return as per the policy and details listed for the said Product.
  • 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, whichever is earlier. In case you do not raise a refund claim using the Platform features within the stipulated time than this would make You ineligible for a refund.
  • Refund, if any, shall be made at the same issuing bank/ through the same instrument from where transaction price was received.
  • Refund shall be made in Indian Rupees only and shall be equivalent to the transaction price received in Indian Rupees.
  • For electronics payments and Cash on Delivery transactions, refunds, if any, shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
  • Refund shall be conditional and shall be with recourse available to Boundless in case of any misuse by Buyer.
  • Refund shall be subject to Buyer complying with these Terms of Use and the Boundless policies.
  • 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 and hence You may not be entitled to a refund in respect of the Transactions for those Products and /or Services.

Buyer is not eligible for return/refund in the following cases: -

  • Any damage or loss to the Product after delivery will not be covered under the return/refund policy and will completely be the Buyer's responsibility. Buyers should refuse to accept delivery if the item is damaged.

  • The Platform will not be liable or responsible for returns/refunds of any Products listed on 3rd party websites and shall not entertain any such requests from the Buyers. Boundless/the Platform will not be held liable or responsible for any of its Products purchased by the Buyer/User from any other 3rd party websites and the User/Buyer will be governed by the said 3rd party websites return/refund policy.

Blocking/Restrictions and Deletion of User account

In case of false or misleading claims for return or refund of a specific Product or Service, Boundless may at its sole discretion suspend, block, restrict, cancel the display name [and its related display names] and/ or account of such User and/or disqualify that User and any related Users from buying any Products or Services in the future, seeking/providing any return/ replacement of any Product and/ or Services.

Boundless reserves its right to initiate civil and/or criminal proceedings against a User who raises/files invalid and/or false claims or provides false, incomplete, or misleading information to Us. In addition to the legal proceedings as aforesaid, any person who, knowingly and with intent to injure, defraud or deceive, files a fraudulent claim for return/ replacement containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law (all costs for the same shall solely be borne by the said person).

18. DISCLAIMERS APPLICABLE TO ALL PRODUCTS AND SERVICES ON THE PLATFORM

This Platform, all the materials and Products (including but not limited to software’s, API’s, Payment Gateways and other 3rd party links) 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, Boundless does not warrant that:

  1. This Platform will be constantly available, or available at all; or
  2. The information on this Platform is complete, true, accurate or non-misleading.

Boundless 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. Boundless does not warrant that this Platform; information, Content, materials, Product 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 applicable laws. You will be required and are expected to enter correct and valid personal details such as Your name, address, email address, phone number and other information as required for use of the Services on this Platform. By registering/ providing Your details including but not limited to Your phone number with Us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. Further, Boundless 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.

The Company reserves the right to make additions, deletions, or modification to the Products and Services and its features, any time, without prior notice to its User’s. The Company can in its sole discretion discontinue any Products and Services with or without providing any specific information or notice to any User/Buyer or third party thereof and in no event the Company shall be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the Products listed on the Platform or use of the Services and its features.

The Company shall not be responsible towards the User for malfunction or interruptions in the Service caused by the actions of third-party carriers, any authority notifications, government orders or by any other third parties or Force Majeure event.

The said Products and Services provided herein are for the benefit of the User(s) only and the User(s) shall not pass on these Services or resell the Products purchased on the Platform as their own Services or Products to any third party for User’s own benefit (monetary or otherwise). The Services are owned and operated by the Company and the User shall not render any rights over the Services so provided by the Company. Non-adherence to this will be deemed to be a major breach by the User and the Company shall be liable to act against the User and any third party involved in such breach at the sole cost and consequences of the User.

Boundless does not make any representation or warranty as to specifics (such as quality, value, saleability, legal title, creditworthiness, identity, etc.) of the Products or Services proposed to be sold or offered to be sold or purchased on the Platform. You are advised to independently verify the details of any Products or Services You wish to buy on the Platform and use Your best judgment in that behalf.

Boundless is not responsible for unsatisfactory or delayed performance of Services or damages or delays because of Products which are out of stock, unavailable or back ordered.

No advice or information given by the Company, its affiliates or their respective employees shall create a warranty or liability of any kind towards the User.

19. INTELLECTUAL PROPERTY RIGHT

The Users of the Platform shall respect Company’s intellectual property rights including without limitation, patent, copyright, trade/Service mark(s), trade names(s), trade secret(s) and logos, websites, source codes, Products and Services, Contents/materials posted on the Platform, including images, illustrations posted by the Company are owned and operated by the Company ("Intellectual Property/ Intellectual Property Rights") and shall not contest, at any time, the other Party’s right in any Intellectual Property Rights. The Users of the Platform agrees not to use or cause to be used the Intellectual Property Rights of the Company in any manner whatsoever other than the agreed means of usage of the Intellectual Property Rights by the Company to the Users in provisioning of the Services.

The Users shall not in any mode or manner use/forward or share the Intellectual Property in any communication to a third party without explicit written permission from the Company. The Company shall have the right to indicate to the public through its online portal, website and/or apps to the public that it is an authorised partner of the User. Company agrees that its use of the trademarks, Service marks and trade names of the User shall not create in its favor any right, title or interest therein and acknowledges User's exclusive right, title and interest thereto. The Company shall delete and stop all such use upon termination of the Services.

The Company respects the intellectual property of others. In case, You allege that Your intellectual property has been infringed, You can write to the Company at support@boundlessbrands.in or legal@boundlessbrands.in

We request You to please also provide the following information in Your complaint: -

  1. Identification of the material on Our Platform that is claimed to be infringing or to be the subject of infringing activity.
  2. Your address, telephone number and e-mail address.
  3. In case of Trademark infringement, please provide the ownership of Trademark (Trademark Registration Certificate should be in the name of applicant). 

Important 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.

20. INDEMNITY

You/User shall indemnify and hold harmless Boundless/ Platform, all its Products and Services listed on the Platform and in these Terms of Use, its owner(s), licensee(s), affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by You or any third party or penalty imposed upon Boundless or any of its affiliates, subsidiaries, partners, employees due to or arising out of Your breach of this Terms of Use, Privacy Policy and other policies applicable to you in usage of this Platform, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of Platform, Product(s) or Services of Boundless or of any third party.

21. LIMITATION OF LIABILITY

IN NO EVENT SHALL BOUNDLESS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, PLATFORM’S SERVICES AND CONTENT EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. THIS SHALL INCLUDE ALL LIABILITY CLAUSES MENTIONED IN THIS TERMS OF USE. IN CASE OF A DISPUTE, THE MAXIMUM LAIBILITY OF BOUNDLESS SHALL BE LIMITED TO THE REFUND OF THE SAID ORDER VALUE IN DISPUTE.

22. SEVERABILITY

Any provision of these Terms of Use that is found to be prohibited or unenforceable shall be ineffective to the extent of such prohibition or unenforceability, without invalidating the remaining portions hereof.

23. DISPUTE RESOLUTION, JURISDICTION & APPLICABLE LAWS

Generally, transactions are conducted smoothly on the Platform. However, there may be some cases where the Users of the Platform may face issue(s). At Boundless, we have a Dispute Resolution process in order to resolve the disputes wherein you/use may reach out to our support/customer care team to resolve such issue(s).

These Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. In case either party feels that the dispute(s) raised as per the Dispute Resolution mechanism above is not resolved to the satisfaction of either the Company or the User, either party shall have the right to approach the court(s) and the courts at New Delhi shall have exclusive jurisdiction in respect to the matters thereof.

24. CONTACT US

If you have any concern or grievances with the Platform and/ or these Terms of Use, You may contact the grievance officer appointed by us. The name and contact details of the Grievance Officer are provided below:

Mr. Vishwajeet Singh Rana Time: Mon to Sat (10:00 to 19:00) Email: support@boundlessbrands.in