TERMS & CONDTITIONS
Introduction
These terms and conditions of use (“Terms of Use”) of “BORU” (referred to as “the
Application”) (as defined below) between
Bhujbal Daily solutions Pvt. Ltd. or its subsidiaries
or affiliated companies (hereinafter referred to as Company) and the users/ registrants of the
Application (“You” or “Your” or “Yourself” or “User”) describe the terms on which BORU
offers you access to the Application and the Services (as defined below) through the Application.
"Seller" means any person or entity who desires and registers itself as a service provider for
conducting its business through this platform.
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING
ON THE APPLICATION OR ACCESSING ANY MATERIAL, INFORMATION, OR
SERVICES THROUGH THE APPLICATION. YOUR USE OF THE APPLICATION OR THE
SERVICES PROVIDED BY THE APPLICATION SHALL SIGNIFY YOUR ACCEPTANCE
OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE
SAME.
Acceptance of terms
BORU provides its service to you, subject to the following Terms of Use, which may be updated by us from time to time without notice to you. You can review the most current version of the Terms of Use at any time at www.boru.in In addition, when using particular BORU services, you and Company shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. BORU also may offer other services from time to time that are governed by different Terms of Services.
Description of services
BORU is a service communication platform. BORU currently provides users an online platform to order goods, services from shopkeepers, service providers listed on authorized platforms of the Company (referred to as "services"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for BORU to provide the Service. You also understand and agree that the Service may include certain communications from BORU, such as service announcements, administrative messages, newsletters, etc. and that these communications are considered a part of BORU membership and you will not be able to opt-out of receiving them. Unless explicitly stated otherwise, any new features that augments or enhances the current Service shall be subject to this Terms of Use. You understand and agree that the Service is provided “AS-IS” and that BORU assumes no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Your registration obligations
In consideration of your use of the Service, you agree to – (a) Provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). BORU is concerned about the safety and privacy of all its users.
BORU privacy policy
Registration data and certain other information about you are subject to our Privacy Policy. For more information, see our full privacy policy at www.boru.in
Member account, password and security
Initially Registration will be done by OTP verification. We care about genuinity and therefore we have developed verification methodologies like verification through PAN, Aadhar card of the User. Once verification is done, you will create your password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.
(a)Immediately notify Company of any unauthorized use of your password or account or any other breach of security, and
(b) Ensure that you exit from your account at the end of each session. Company cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
Payment Methods
Upon availing of the Services, the Users agree and acknowledge that prices for different services
listed on the Platform shall be in accordance with those communicated to the User over email or
phone or displayed on the Application. Further, Users shall be offered one or more of the
following modes of payment for purchase of service
Any THIRD-PARTY PAYMENT GATEWAY as updated time to time by Enterprise; including
but not limited to -
Through credit/debit cards
Through internet banking
Through UPI
The Users acknowledge that a minimum of one of the above payment methods shall be offered
for every available service on the Application. The Users are solely responsible for the
genuineness of credentials and payment information provided on the Platform and the Platform
shall not be liable for any consequences, direct or indirect, resulting from the provision of
incorrect or untrue credentials or payment information by any Users.
Further, the Platform does not bear any liability for any activities, breaches, discrepancies or
technical problems experienced by the Users whilst using any third-party payment gateway to
make payments. The relationship between the Users and third-party payment gateway shall be
governed by the Terms of Use and Privacy Policy of the said payment gateway, and the Platform
shall not be associated with any dispute arising there from. The Seller reserves its right to deny
delivery in the event of any delay or discrepancy in payment or credentials upon reaching the
delivery address.
Member conduct
You understand that all information, data, text, software, photographs, graphics, CCTV footage,
messages or other materials (“Content”), whether publicly posted or privately transmitted, are the
sole responsibility of the person from which such content originated. This means that you, and
not the Company, are entirely responsible for all content that you upload, post, email, transmit or
otherwise make available via the Service. We do not control the Content posted via the Service
and, as such, do not guarantee the accuracy, integrity or quality of such Content. You understand
that by using the Service, you may be exposed to Content that is offensive, indecent or
objectionable.
Under no circumstances the Company shall be liable, in any way, for any Content, including, but
not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made
available via the Service.
You agree to not use the Service to –
• Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
• Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation
with a person or entity;
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or information through any
bookmark, tag or keyword;
• Upload files that contain software or other material protected by applicable intellectual property
laws unless you own or control the rights thereto or have received all necessary consents;
• Upload or distribute files that contain viruses, corrupted files, or any other similar software or
programs that may damage the operation of the Application or another's computer;
• Engage in any activity that interferes with or disrupts access to the Application or the Services
(or the servers and networks which are connected to the Application);
• Attempt to gain unauthorized access to any portion or feature of the Application, any other
systems or networks connected to the Application, to any BORU server, or to any of the Services
offered on or through the Application, by hacking, password mining or any other illegitimate
means;
• Probe, scan or test the vulnerability of the Application or any network connected to the
Application, nor breach the security or authentication measures on the Application or any
network connected to the Application. You may not reverse look-up, trace or seek to trace any
information on any other user, of or visitor to, the Application , or any other customer of BORU,
including any BORU Account not owned by You, to its source, or exploit the Application or
Service or information made available or offered by or through the Application , in any way
whether or not the purpose is to reveal any information, including but not limited to personal
identification information, other than Your own information, as provided for by the Application ;
• Disrupt or interfere with the security of, or otherwise cause harm to, the Application, systems
resources, accounts, passwords, servers or networks connected to or accessible through the
Application s or any affiliated or linked sites;
• Collect or store data about other users in connection with the prohibited conduct and activities
set forth in this Section.
• Use any device or software to interfere or attempt to interfere with the proper working of the
Application or any transaction being conducted on the Application, or with any other person's
use of the Application;
• Use the Application or any material or 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 BORU or other third parties;
• Conduct or forward surveys, contests, pyramid schemes or chain letters;
• Download any file posted by another user of a Service that you know, or reasonably should
know, cannot be legally distributed in such manner;
• Falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained in a file that
is uploaded;
• Violate any code of conduct or other guidelines, which may be applicable for or to any
particular Service;
• Violate any applicable laws or regulations for the time being in force within or outside India;
Violate the Terms of Use including but not limited to any applicable Additional Terms of the
Application contained herein or elsewhere; and
• Reverse engineer, modify copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell any information or software obtained from
the Application.
You can contact us on the following email address if you come across any objectionable content
as aforementioned _____________. We will ensure that the same shall be removed within
minimum time if found appropriate to be removed.
You acknowledge that BORU do not pre-screen content, but that BORU and its designees shall
have the right (but not the obligation) in their sole discretion to refuse or move any content that is
available via Service. Without limiting the foregoing, BORU and its designees shall have the
right to remove any content that violates the Terms of Usage or is otherwise objectionable. You
agree that you must evaluate, and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any content created by BORU or submitted to BORU,
including without limitation information in all parts of the Service.
You acknowledge and agree that BORU may preserve Content and may also disclose Content if
required doing so by the law or in the good faith and under the belief that such preservation or
disclosure is reasonably necessary to –
(a) Comply with legal process;
(b) Enforce the Terms of Services;
(c) Respond to claims that any Content violates the rights of third-parties; or
(d) Protect the rights, property, or personal safety of BORU, its users and the public.
You understand that the technical processing and transmission of the Service, including your
content, may involve –
(a) Transmissions over various networks; and
(b) Changes to conform and adapt to technical requirements of connecting networks or devices.
Content submitted or made available for inclusion on the service
BORU does not claim ownership over the content you submit or make available for inclusion on the Service. However, with respect to the content you submit or make available for inclusion on publicly accessible areas of the Service, you grant BORU the following world-wide, royalty free and non-exclusive license(s) – With respect to the content you submit or make available for inclusion on publicly accessible areas of Service, perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such content (in whole or in part) and to incorporate such content into other works in any format or medium now known or later developed “Publicly accessible” areas of the Service are those areas of the BORU network of properties that are intended by BORU to be available to the general public. By way of example, publicly accessible areas of the Service would include BORU message boards, communities, groups that are open to members and visitors, etc.
Indemnity
BORU does not claim ownership over the content you submit or make available for inclusion on You agree to indemnify and hold BORU, and its subsidiaries, affiliates, officers, agents, cobranders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the terms of usage, or your violation of any rights of another.
No resale of service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
General practices regarding use and storage
You acknowledge that BORU may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that, message board postings or other uploaded content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on BORU 's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that BORU has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that BORU reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that BORU reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Modifications to service
Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that BORU shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Termination
You agree that Company in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Company believes that you have violated or acted inconsistently with the letter or spirit of the terms of usage. Company may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Use may be affected without prior notice, and acknowledge and agree that: Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Company shall not be liable to you or any third party for any termination of your access to the Service.
Links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because BORU has no control over such sites and resources, you acknowledge and agree that BORU is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that BORU shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
BORU’s proprietary rights
You acknowledge and agree that the Service and any necessary technology used in connection
with the Service (“technology”) contain proprietary and confidential information that is protected
by applicable intellectual property and other laws.
You further acknowledge and agree that content contained in sponsor advertisements or
information presented to you through the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws. Except as expressly
authorized by BORU or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service or the Software, in whole or in part.
You agree not to modify the technology in any manner or form, or to use modified versions of
the application including (without limitation) for the purpose of obtaining unauthorized access to
the Service. You agree not to access the Service by any means other than through the interface
that is provided by BORU for use in accessing the Service.
Trademark information: BORU, the BORU logo, and other BORU logos and product
and service names are trademarks of Bhujbal Daily Solutions Pvt Ltd. Without BORU’s
prior permission, you agree not to display or use in any manner, the or BORU Marks.
Copyrights and Copyright Agents: Company respects the intellectual property of
others, and we ask our users to do the same. If you believe that your work has been
copied in a way that constitutes copyright infringement, or your intellectual property
rights have been otherwise violated, please provide Company’s Copyright Agent the
following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of
the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property that you claim has been
infringed;
(c) a description of where the material that you claim is infringing is located on the site;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by
the copyright owner, its agent, or the law;
You can contact us for Notice of claims of copyright or other intellectual property infringement
at –www.boru.in
Disclaimer of warranties
You expressly understand and agree that – (a) Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. The company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. (b) Company makes no warranty that – i) The service will meet your requirements, ii) The service will be uninterrupted, timely, secure, or error-free, iii) The results that may be obtained from the use of the service will be accurate or reliable, iv) The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and v) Any errors in the software will be corrected. (c) Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. (d) No advice or information, whether oral or written, obtained by you from BORU or through or from the service shall create any warranty not expressly stated in the terms of usage.
Limitation of liability
You expressly understand and agree that BORU shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Company has been advised of the possibility of such damages), resulting from – (a) The use or the inability to use the service; (b) The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (c) Unauthorized access to or alteration of your transmissions or data; (d) Statements or conduct of any third party on the service; or (e) Any other matter relating to the service.
Tax Liability and Compliance
1. It shall be the responsibility of the seller/ service provider to provide tax invoice to the customers who place orders through this platform. The invoice shall mention Tax collection, GST collection (if applicable) specifically and any other details required by law for time being in force. 2. Customer shall ensure that he receives such receipt, tax invoice from seller/ service provider. It shall be the sole responsibility of the customer to take an invoice from the seller/service provider. 3. In any case The Company shall not be liable for any kind of Failure on the part of seller/service provider or customer.
Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages
Notice
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the terms of usage or other matters by displaying notices or links to notices to you generally on the Service
Violation of the Terms of Use
You agree that BORU may, in its sole discretion and without prior notice, terminate your access to the Application and block your future access to the Application if BORU determines that you have violated these Terms of Use or Additional Terms. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to BORU, for which monetary damages would be inadequate, and you consent to BORU obtaining any injunctive or equitable relief that BORU deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies BORU may have at law or in equity. If BORU does take any legal action against you as a result of your violation of these Terms of Use, BORU will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to BORU.
Force Majeure
Neither the Company nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, pandemic, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
Dispute Resolution and Jurisdiction
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising there from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy. Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed hereinbelow; Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on all parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of NAVI MUMBAI. The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India; Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User by contacting the Company via www.boru.in
Miscellaneous Provisions
Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto. Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms. Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
Grievance.
In accordance with the Information Technology Act, 2000 and rules made thereunder, the name
and contact details of the Grievance Officer is published below:
Mr. Shubham Bhujbal
Grievance Redressal Officer
Bhujbal Daily Solutions Pvt. Ltd.
3rd Floor, B-11/14, Siddhivinayak C.H.S., M.G. Complex, Sector – 14, Vashi, Navi Mumbai –
400703, Maharashtra, India.
Email: grievance@boru.in