AGREEMENT TO TERMS
This legally binding agreement governs your access to and use of the http://www.balmora.in website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). This agreement is made between you, whether individually or on behalf of an entity ("you") and GAGAN ENTERPRISES ("Company", "we", "us", or "our"). Our registered office is located at 01-20, Manjusha Complex, Parampalli, Karantha Street, Saligrama, Udupi, Karnataka, India (576225). We are an Indian company. By using the site, you acknowledge that you have read, comprehended, and accepted to be bound by all of these Terms of Use. It is specifically forbidden for you to use this website if you do not agree to all of these terms of use.
Any other terms, conditions, or documents that may occasionally be posted on the site are now specifically referenced and incorporated herein. We retain the right, at any time and for any reason, to alter or amend these Terms of Use in our sole discretion. To ensure you know which terms apply, please make sure you read the applicable terms each time you visit our site. Your continued use of the site after the date on which such amended Terms of Use are posted will subject you to the changes in such Terms of Use, and you will be deemed to have been informed of and to have accepted any changes.
The information on the site is not intended for distribution or use by any person or organisation in any area or country where such distribution or use would be prohibited by law or regulation or where we would be required to register within such jurisdiction or country. As a result, users who choose to visit the site from other locations do so on their own initiative and are solely responsible for complying with local laws, if and to the extent they apply.
To use the site, all users who are minors in the jurisdiction in which they reside (usually under the age of 18) must have the approval and direct supervision of their parent or guardian. If you are a minor, please have your parent or guardian read and agree to these Terms of Use before using the site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise noted, this website is our exclusive property. All source code, databases, software, website designs, video, audio, text, images, and graphics on the website (collectively, the "Content"), as well as the trademarks, service marks, and logos that are contained therein (the "Marks"), are either owned or controlled by us or are licenced to us. They are also protected by international copyright laws, international conventions, Indian laws prohibiting unfair competition, and multiple other intellectual property rights. The Content and Marks are given on the Site "AS IS" for your information and personal use. Except as expressly stated in these Terms of Use, no portion of the Site, including any Content or Marks, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licenced, or otherwise exploited for any commercial purpose without our express prior written permission.
If you are entitled to use the Site, you are granted a limited licence to access and use the Site, as well as download or print a copy of any portion of the Content to which you have obtained proper access, only for your personal, non-commercial use. We reserve all rights to the Site, Content, and Marks that are not expressly granted to you.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration data you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such data and update it promptly as needed; (3) you are of legal age and agree to abide by these Terms of Use; (4) you have permission from your parents to use the Site if you are a minor; (5) you will not access the Site using automated or non-human methods, such as using a bot, script, or other automated system; (6) you will not use the Site for any unlawful or unauthorised purpose; and (7) your use of the Site will not violate any applicable laws or regulations.
We reserve the right to suspend or terminate your account and to deny any and all further use of the Site (or any portion thereof) if you provide any information that is false, incorrect, out of date, or incomplete.
USER REGISTRATION
It might be necessary for you to register on the website. You acknowledge that you will be accountable for any uses of your account and password and that you will keep them private. If we decide, at our sole discretion, that a username you choose is improper, obscene, or otherwise objectionable, we reserve the right to remove, reclaim, or replace it.
PRODUCTS
We strive to provide the colours, features, specs, and other information about the products that are offered on the Site as precisely as we can. However, your electronic display may not accurately reflect the actual colours and details of the products, and we cannot guarantee that the features, colours, specs, and other details of the products will be accurate, complete, reliable, current, or free of other faults. We are unable to promise that any particular item will be in stock, and all products are subject to availability. We maintain the right to stop selling any product, for any reason, at any time. All product prices are subject to change.
PURCHASES AND PAYMENT
We accept the following forms of payment:
- Visa
- Mastercard
-Net Banking
- UPI
-Cash on delivery
For every transaction you make on the Site, you agree to provide correct, full, and up-to-date account and purchase information. In order for us to finish your transactions and get in touch with you as needed, you also agree to update your account and payment details as soon as possible, including your email address, payment method, and credit card expiration date. Purchase prices will include sales tax, if and when we determine it is necessary. Prices are subject to change at any time. INR must be used for all payments.
You authorise us to charge your selected payment provider for any such sums at the time of order, and you agree to pay all charges for your purchases at the prices then in effect, including any applicable shipping fees. Even after we have requested or received payment, we maintain the right to fix any inaccuracies or mistakes in pricing.
Any order placed through the site may be rejected by us at our discretion. We reserve the right to restrict or cancel the number of items that can be bought by an individual, a household, or an order. Orders made using the same billing or shipping address, the same payment method, or orders made by or under the same customer account may all be subject to these limitations. Orders that, in our sole discretion, seem to have been placed by dealers, resellers, or distributors may be subject to limitations or prohibitions.
RETURN POLICY
Please review our Return Policy posted on the Site prior to making any purchases.
PROHIBITED ACTIVITIES
The site may only be accessed and used for the purposes for which we make it available. The site may only be used in conjunction with business ventures that we have expressly authorised or endorsed.
As a user of the Site, you agree not to:
· Use the site in any way that is not authorised, such as gathering user usernames and/or email addresses via electronic or other means and sending unsolicited emails, creating user accounts automatically, or using fictitious information.
· Use deception, fraud, or trickery to gain an advantage over us and other users, particularly when attempting to obtain passwords or other sensitive account information.
· Use our support services improperly or file fictitious reports of misbehaviour or abuse.
· Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
USER-GENERATED CONTRIBUTIONS
Users are not able to upload or contribute content on this website. You may be given the option to produce, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the website (collectively, "Contributions"). Examples of such content include, but are not limited to, text, writings, audio, video, photographs, graphics, comments, suggestions, and other types of material. Contributions might be accessible through third-party websites and by other users of the site. As such, the site's privacy policy may apply to any contributions you transmit. By creating or making any contributions available, you thereby grant and signify that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your contributions in any manner contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4. Your contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your contributions are not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your contributions do not violate any applicable law concerning child pornography or are otherwise intended to protect the health or well-being of minors.
12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
13. Your contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use or any applicable law or regulation.
Your rights to use the Site and the Marketplace Offerings may be terminated or suspended, among other consequences, for any usage of the Site or the Marketplace Offerings that violates the aforementioned provisions of these Terms of Use.
CONTRIBUTION LICENSE
Both the Site and you consent to our accessing, storing, processing, and using any information and personal data you submit in accordance with the Privacy Policy's guidelines and your selected options (including settings).
You consent to us using and sharing recommendations and other feedback you provide about the Site for any reason without paying you anything.
We make no claims regarding the ownership of your contributions. All of your contributions, together with any related intellectual property rights or other proprietary rights, are still fully owned by you. Any claims or assertions made by you in any part of the Site through your Contributions are not our responsibility. Your contributions to the site are entirely your responsibility, and by using the site, you specifically consent to absolve us of any liability and to forgo taking legal action against us in connection with your contributions.
GUIDELINES FOR REVIEWS
We might provide you sections of the website where you can rate or review. The following requirements must be met when you publish a review: (1) you must have firsthand experience with the person or organisation being reviewed; (2) they must not contain hate speech or offensive profanity; (3) they must not make references to illegal activity; (4) they must not make any inferences about the legality of conduct; (5) you must not be associated with competitors if you post negative reviews; (6) you must not make any conclusions about the conduct; (7) you may not post any false or misleading statements; and (8) you may not organise a campaign encouraging others to post reviews, whether positive or negative.
At our sole discretion, we may choose to accept, reject, or delete reviews. Even if someone finds a review offensive or erroneous, we are under no legal responsibility to screen or remove it. Reviews do not always reflect our thoughts or the opinions of any of our partners or affiliates, and we do not promote them. We disclaim all responsibility for any reviews, as well as for any damages, liabilities, or claims that may arise from them. By submitting a review, you give us the right and licence to reproduce, alter, translate, transmit in any format, display, perform, and/or distribute all content related to reviews for an unlimited period of time. This right and licence are non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable.
SUBMISSIONS
You understand and agree that any queries, remarks, ideas, recommendations, feedback, or other material you provide us about the Marketplace Offerings or the Site (collectively, "Submissions") are non-confidential and will be our exclusive property. All intellectual property rights shall be exclusively owned by us, and we shall be free to use and distribute these Submissions for any legitimate purpose—commercial or otherwise—without granting you credit or any compensation. By making this agreement, you give up all moral rights to any such Submissions and guarantee that any such Submissions are original to you or that you are authorised to submit them. You acknowledge that in the event that your Submissions are really or purportedly violated by someone else's intellectual property, you will have no legal remedy against us.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against them, including but not limited to reporting them to law enforcement agencies; (3) refuse, restrict access to, limit the availability of, or disable (to the extent technically possible) any of your Contributions or any portion thereof; (4) remove from the Site, without notice or liability, any files or content that are excessive in size or that in any way burden our systems; and (5) otherwise manage the Site in a way designed to safeguard our rights and property as well as enable the Marketplace Offerings to operate properly.
PRIVACY POLICY
Data security and privacy are important to us. You accept to be bound by our Privacy Policy, which is incorporated into these Terms of Use, by using the Site or the Marketplace Offerings. Kindly note that the Marketplace Offerings and the Site are hosted in India. By using the Site going forward, you are transferring your data to India, and you expressly consent to have your data processed and transferred to India. This is especially true if you access the site or the marketplace offerings from any other part of the world where there are laws or other requirements governing the collection, use, or disclosure of personal data that differ from those that apply in India.
TERM AND TERMINATION
While you are using the site, these Terms of Use will be in full force and effect. In addition to any other provision of these terms of use, WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ANY PERSON, FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION, ASSESSED TO THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES). At any time, without prior notice, and at our sole discretion, WE MAY CANCEL YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a false or borrowed identity, or the name of any third party, even if you could be acting on their behalf. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We maintain the right, at our sole discretion and without prior notice, to alter, amend, or remove any portion of the site. We are not required, though, to update any of the content on our website. Additionally, we have the right, at any time and without prior notice, to alter or terminate all or part of the marketplace offerings. In the event that the site or the marketplace offerings are altered, suspended, discontinued, or both, we won't be held responsible for you or any other person.
The availability of the marketplace offerings and the site cannot be guaranteed at all times. Interruptions, delays, or mistakes may arise from hardware, software, or other issues, or from the requirement for site-related maintenance. Without providing you with prior notice, we reserve the right to alter, update, suspend, terminate, or otherwise change the site or the marketplace offerings at any time or for any reason. You acknowledge and agree that we will not be held responsible for any loss, harm, or inconvenience resulting from your inability to use or access the Marketplace Offerings or the Site during any outage or suspension of those offerings. Nothing in these Terms of Use shall be interpreted as requiring us to support and maintain the Marketplace Offerings or the Site, or to provide any updates, releases, or corrections related thereto.
GOVERNING LAW
The laws of India shall control the meaning and interpretation of these phrases. Both Gagan Enterprises and you hereby irrevocably agree that any dispute arising out of or related to these terms will only be heard in Indian courts.
DISPUTE RESOLUTION
You agree that the courts in India shall have exclusive jurisdiction over any disputes arising out of or pertaining to the Terms or the relationship created by this Agreement. If these Terms are entered into in the course of your trade or profession, Gagan Enterprises shall also retain the right to file proceedings concerning the substance of the case in the state of your principal place of business or the courts of the nation in which you reside.
CORRECTIONS
The Marketplace Offerings may be the subject of typographical mistakes, inaccuracies, or omissions in certain material on the Site, such as descriptions, prices, availability, and other details. We maintain the right, at any time and without prior notice, to update or modify the content on the Site and to correct any errors, inaccuracies, or omissions.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
For the purpose of managing the functionality of the Site and gathering information about your usage of the Site, we shall keep some of the data you send to the Site. You are entirely responsible for any data you communicate or that is related to any activity you have done using the Site, even though we regularly backup data. You hereby waive any right of action against us arising from any such loss or corruption of such data, and you agree that we shall not be liable to you for any such loss or corruption of any such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Emails sent to us, forms filled out online, and visits to the Site all qualify as electronic communications. You agree to receive communications from us electronically, and you acknowledge that any agreements, notices, disclosures, and other communications we send you via email and the website meet any legal requirement that they be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. By signing this document, you relinquish any claim to the rights or obligations imposed by statutes, rules, ordinances, or other laws in any jurisdiction that call for the original signature, the delivery or preservation of paper records, the payment of money, or the issuance of credits through any method other than electronic means.
MISCELLANEOUS
The whole agreement and understanding between you and us is included in these Terms of Use and any policies or operating rules that we may post on the Site or in relation to the Site. Any right or term of these Terms of Use that we do not execute or enforce shall not be deemed a waiver of that right or provision. To the maximum extent permitted by law, these Terms of Use apply. We are free to transfer any or all of our duties and rights to another party at any time. If a cause outside of our reasonable control results in any loss, damage, delay, or inaction, we won't be held accountable or liable. Any provision of these Terms of Use, or any portion of a provision, that is found to be illegal, void, or unenforceable, is considered severable from the rest of the terms and does not impact the legality and enforceability of the other sections. These Terms of Use and your use of the Site do not establish any joint venture, partnership, employment, or agency relationship between you and us. By virtue of having drafted these Terms of Use, you agree that they will not be interpreted against us. By signing this agreement, you agree to waive any defences you may have about the electronic format of these terms of use and the parties' failure to sign.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
BALMORA
Gagan Enterprises
TERMS AND CONDITIONS
BALMORA
by Gagan Enterprises
