BabajiBook

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Terms of use

Terms Of Use

  1. This document is an electronic record in terms of applicable law including the Information Technology Act, 2000 and the rules and regulations issued there under, as amended from time to time, that requires publishing the rules and regulations, privacy policy and user agreement for accessing and/ or transacting and/ or usage of the Website and sets out the terms and conditions governing it and the disclaimers or any other terms which supplement or vary the same (“General Policy”). The Terms of Use shall apply mutatis mutandis to the access or use of the Firm’s Mobile application (including all software, source codes, interfaces, and such other items included or associated therewith) (“Mobile Application”).
  2. The terms defined herein shall mutatis mutandis apply to (i) Shipping Policy, (ii) Return and Refund/Replacement Policy, (iii) Privacy and Security Policy, (iv) Pricing Policy, and such other policies, as may be added, from time to time by the Firm (each, a “Policy”) and vice versa. This electronic record is generated by a computer system and does not require any physical or digital signature. By accessing the Website, in any way, or, by purchasing any products offered for sale on the Website, from time to time (“Products”) or by subscribing to or use any of the services offered on the Website, you agree that you have read, understood the General Policy along with the terms laid down in each Policy, as applicable (collectively, “Terms of Use”).
  3. The domain name www.BabajiBook.com (hereinafter referred to as “Website”) is owned and operated by BabajiBook, a firm with its registered office at D-16 Shreeji colony,Nr.ambika school, viratnagar road, odhav, Ahmedabad-382415,Gujarat, India, hereinafter referred to as “BabajiBook” or “we” or “our” or “us” (and shall include its successors and assigns).
  4. Your use of the website and services and tools are governed by the following terms and conditions ( “Terms of Use” ) as applicable to the website including the applicable policies which are incorporated herein by way of reference. If You transact on the website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the website, You shall be contracting with BabajiBook and these terms and conditions including the policies constitute Your binding obligations, with BabajiBook.
  5. For the purpose of these Terms of Use, wherever the context so requires “You” or “User” or “Customer” shall mean any natural or legal person (whether incorporated or not) who has agreed to become a buyer on the Website by providing registration data while registering on the website as registered user using the computer systems. BabajiBook allows the user to surf the website without registering on the website. Purchase on our site can only be done after registration. The term “We”, “Us” ,”Our” shall mean BabajiBook.
  6. When You use any of the services provided by us through the Website, including but not limited to, (e.g. Product Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website 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 Website.
  7. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by BabajiBook Policies ((including but not limited to Privacy Policy available at Privacy) as amended from time to time.
  8. The use of this Website is regulated by the Terms of Use which shall constitute a legally binding and enforceable agreement between the Firm and any natural or legal person (whether incorporated or not) who visits, accesses, uses, deals with, transacts and/ or places orders and/ or purchases any Product, hereinafter referred to as “User” or “you” or “your” or “Customer” (and shall include successors, legal heirs, administrators, executors and assigns).
  9. All materials including images, texts, illustrations, designs, icons, photographs, music clips, video clips, whether written or otherwise and the Products or any information relating to the Products (including but not limited to price and packaging) and all services offered on this Website (“Content”) are solely for your information and for your personal and non-commercial use only, and the same should not be considered as a substitute for professional advice. The Firm and its affiliate companies, each of their respective directors, consultants, contractors, employees, and/ or suppliers (collectively referred as “BabajiBook”) assume no responsibility for any consequence relating directly and/or indirectly to any action and/or inaction that you take based on the Content. While we strive to keep the Content accurate, complete and up-to-date, the BabajiBook cannot guarantee, and will not be responsible for any direct or indirect damage and/or loss whatsoever related to, the accuracy, completeness or any other aspect of any Content or the Website. We provide the Content strictly on an “as is” and “as available” basis and disclaim to the fullest extent permissible under applicable law, all warranties, express or implied, as to the accuracy of the Content.
  10. We may change, suspend and/or discontinue the Product(s) at any time, including the availability of the Content (or any part thereof); and may also impose limits on and/or restrict your access to parts and/or all of the Content or the Website itself, in each case, without any notice and/or liability whatsoever.
  11. We reserve the right, at our sole discretion, or as may be required by law, to amend the Terms of Use anytime without any prior intimation to you. Your continued use of the Website subsequent to such an amendment will be deemed as your acceptance of such modified Terms of Use.
  12. Any person who uses or accesses the website represents to be competent to contract or purchase the products; and if you are giving detail of any business entity (i.e. GST details), you represent and warrant that you have the authority to bind such business entity to the Terms of Use, and you are giving right details of that business entity.
  13. Unless otherwise specified, the Products are directed solely at those who access this Website from India and we make no representation that any Product is appropriate for use or available outside India. Those who choose to access this Website from outside India is responsible for compliance with local laws to the extent they are applicable. We will deliver the Products only within India and will not be liable for any claim relating to any Product ordered from outside India.
  14. All telephonic conversations between you and the Company may be recorded and you hereby consent to such monitoring and recording.
  15. In the event that part or all of the ownership of the Company or any of its services or products are sold or transferred, all lists and data which contain personnel information including demographic information, buying information may be transferred to the new owner.
  16. The Content only constitutes an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the Terms of Use. We reserve the right to accept or reject your offer, in part or in full. Our acceptance of your order will take place only upon dispatch of the Product(s) ordered. Dispatch of all the Product(s) ordered, may or may not happen at the same time, in such a scenario, only that portion of the order which has been dispatched will be deemed to have been accepted by us and the balance would continue to remain an offer to us and we reserve the right to accept or reject such balance order, at our sole discretion.
  17. We reserve the right, at our sole discretion, to limit the quantity of Products purchased per User or per order. These restrictions may be applicable to orders placed by the same account or the same payment instrument, or also to orders that use the same billing and/or shipping address. We will endeavour to provide notification to the User should such limits be applied.
  18. BabajiBook is committed to providing competitive prices every day, on everything offered on its Website. In order to ensure competitiveness as well as take cognizance of any inflation or other market changes, BabajiBook reserve the rights to update the prices on “BabajiBook.com” from time to time without any advance notice to the Customers. Customer confirms & agrees to the prices displayed on the website before placing the order.
  19. While we strive to provide accurate Product and pricing information, pricing or typographical errors may occur. We cannot confirm the price of a Product until you place an order and we accept the order. In the event that a Product is listed at an incorrect price or with incorrect information due to an error in pricing or Product information, we retain the right, at our sole discretion, to refuse or cancel any orders placed for that Product.
  20. In the event that a Product is mispriced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. If your credit/ debit/ cash card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit/ debit/ cash card account for such amount.
  21. Any information provided to us during the registration process or otherwise, will be protected in accordance with our Privacy Policy available on Company’s Website “BabajiBook.com”.
  22. If you use the Website, you are responsible for maintaining the confidentiality of your password and account and any activity that occur in or through your account. We will not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. If you know or suspect that someone else knows your password or suspect any unauthorized use of your password you should notify us by contacting us immediately at [email protected] and/or calling us on +91-8128761460. If we have reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account without any liability whatsoever.
  23. Company in order to serve Customers effectively, will send alerts, information, updates including shipment updates etc. to users through SMS, Emails, or phone. Users by registering with us agree and authorize Company to send such alerts, information SMS’s or Emails.
  24. You also agree and confirm that you will provide accurate, current and complete information whenever prompted by the Website or when required by the Website’s registration form (“Registration Data”).
  25. Maintain and promptly update the Registration Data to keep it accurate, current and complete at all times. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If you provide any information that is untrue, inaccurate, incomplete, or not current or if we have reasonable grounds to suspect that such information is not in accordance with the Terms of Use (whether wholly or in part thereof), we reserve the right to reject your registration and/or indefinitely suspend or terminate your membership and refuse to provide you access to the Website.
  26. Indemnify and keep indemnified the BabajiBook from and against all claims resulting from the use of any detail/information/Registration Data that you post and/or supply to the Company. The Company shall be entitled to remove any such detail/information/Registration Data posted by you without any prior information. In order to ensure that we are not violating any right that you might have in your Registration Data, grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) that you have in the Registration Data, in any media now or in future known, with respect to your Registration Data solely to enable us to use such Registration Data you have supplied to us.
  27. You understand and undertake that you shall be solely responsible for the Registration Data and undertake to not host, display, upload, modify, publish, transmit, update or share any information that:
    1. belongs to another person and to which the User does not have any right to;
    2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, seditious, 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;
    3. harms minors in any way;
      1. infringes any patent, trademark, copyright or other proprietary rights of any person anywhere in the world;
      2. violates any law for the time being in force;
      3. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    4. impersonates another person;
    5. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
      1. threatens the unity, integrity, defense, 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 to any other nation;
      2. creates liability for the Company or cause the Company to lose (in whole or in part) the services of the Company’s ISPs or other suppliers;
      3. is in the nature of political campaigning, unsolicited or unauthorized advertising, promotional and/ or commercial solicitation, chain letters, pyramid schemes, mass mailings and/or any form of ‘spam’ or solicitation; or is illegal in any other way.
  28. The User agrees and understands that the Company reserves the right to remove and/or edit such detail / information. Further,the Company, upon obtaining knowledge by itself or having been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information that is contravention of Clause.
  29. above, shall act within reasonable and statutory timelines and where applicable, work with the User or owner of such information to disable the same. Furthermore, the Company reserves the right to preserve such information and associated records for at least 90 (ninety) days for investigation purposes.
  30. You shall not, directly or indirectly attempt to gain unauthorized access to the Website, other Users’ account(s), computer systems and/or networks connected to the Website through hacking, phishing, password mining and/or any other means (whether now known or hereafter developed or invented) or obtain any material or information through any means not intentionally made available to User.
  31. Where the User is a Business customer, the User represents and warrants that it holds all licenses, consents and governmental approvals including (i) sales tax/value added tax/service tax/excise duty registration; or (ii) GST registration detail ; or (iii) a trade license; or (iv) relevant licenses and permits for carrying on retail trade; or (v) certificate of incorporation or registration as a society or registration as a public trust for its self-consumption, and shall promptly provide copies of the same to the Company, before registration.
  32. We shall have the right to refuse or cancel any orders placed for Products listed at an incorrect price, or containing any other incorrect information or typographical errors at any time before the dispatch of the Products. We may not be in a position to accept certain orders for reasons including limitations on quantities available for purchase, or other problems identified by our internal department, in which case, we reserve the right, at our sole discretion, to refuse or cancel such order or any portion thereof. In each case, we will provide notification to the User and will process a refund in accordance with the Refund and Return / Replacement Policy.
  33. We will not be liable for any failure and/or delay on our part in performing any obligation under the Terms of Use and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by you if such failure and/or delay shall be result of or arising out of a Force Majeure Event, as defined hereunder.
    • Explanation: “Force Majeure Event” means any event due to any cause beyond the reasonable control of the Company, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake, explosion, acts of God, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government including change in law, governmental orders or restrictions breakdown and/or hacking of the Website and/or contents provided for availing the Products on the Website, such that it is impossible to perform the obligations under the Terms of Use, or any other cause or circumstances beyond the control of the Company hereto which prevents timely fulfillment of obligation of the Company hereunder. It is hereby clarified that the failure to make a payment of money by the User will not be considered to be a Force Majeure Event.
  34. Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Ahmedabad.
  35. Any dispute or difference either in interpretation or otherwise, of any provision of the Terms of Use, shall be referred to a sole arbitrator who will be appointed by the Company and his decision shall be final and binding. The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time. The seat of arbitration shall be Ahmedabad.
  36. Notwithstanding anything to the contrary contained in the Terms of Use, we reserve, at our sole discretion, our right to seek equitable remedies including by way of injunctive relief before any court of competent jurisdiction.
  37. To the fullest extent permitted by applicable law, we disclaim all warranties, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement in relation to the Products except only as provided in the warranty terms of a Product as given by its manufacturer.
  38. Notwithstanding anything to the contrary contained anywhere in the Terms of Use, to the fullest extent permitted under applicable law, the BabajiBook will not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website or the Content, in any manner and the maximum liability of the BabajiBook for any claim arising hereunder (whether in tort or contract or otherwise), will only be limited to the price received by us against the Products sold.
  39. You agree to compensate, defend, indemnify and hold harmless the BabajiBook from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your acts or omissions, which may result in any loss or liability to us or any third party. This clause shall survive the expiry or termination of the Terms of Use.
  40. We may terminate the Terms of Use at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to us. You may terminate the Terms of Use at any time by informing us in writing through registered post to BabajiBook registered office address or email to [email protected], that you no longer wish to be associated with this Website, provided that you discontinue any further use of this Website. Any termination of the Terms of Use will not cancel, extinguish or limit in any manner, your obligation to pay for any Product already ordered from the Website or affect any liability that may have arisen under the Terms of Use, prior to the date of such termination. Upon any termination of the Terms of Use you must promptly destroy all materials downloaded or otherwise obtained from this Website (including copies), whether made under the Terms of Use or otherwise.
  41. If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent and economic impact of the original provision and the remainder of the Terms of Use shall continue to be effective.
  42. Our failure to act with respect to a breach of the Terms of Use by you does not tantamount to a waiver of our right to act with respect to subsequent or similar breaches, unless waived in writing by us.
  43. All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the “Comments”) shall be and remain our property and we shall exclusively own all intellectual property rights, titles and interests over the Comments and shall not be limited in any way in the use of the Comments, commercial or otherwise. We will be under no obligation (i) to maintain any Comments in confidence; (ii) to pay you any compensation for any Comments; or (iii) to respond to any Comments. Our right to the Comments will survive any termination of the Terms of Use.
  44. We do not regularly review posted Comments, but reserve the right to monitor and edit or remove any Comments submitted to the Website. You grant the Company the right to use the name that you submit in connection with any Comments. We take no responsibility and assume no liability for any Comments submitted by you or any third party.