USE OF OUR SERVICE
You may use the Service only if you can form a binding contract with Seller, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. If you are under 18, your parent or guardian must enter into this Agreement on your behalf, and will be responsible for your use of and access to the Service; this includes financial responsibility for any items you purchase through the Service. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are under 13, please do not attempt to register for the Service or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about anyone under 13, please contact us at firstname.lastname@example.org The Service is not available to any Users previously removed from the Service by Seller. Seller reserves all rights not expressly granted under this Agreement. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void.
The Service is available through Facebook’s “Facebook Connect” service. [You must have an active Facebook account in order to access the Service through Facebook Connect], and you hereby represent and warrant that you have read and agreed to be bound by all applicable Facebook policies and will act in accordance with those policies, in addition to your obligations under this Agreement. If you access the Service through Facebook Connect, Seller may require that your www.bodhi.in ID be the same as your user name/email ID for Facebook. If you sign into www.bodhi.in through Facebook Connect, you will provide your Facebook account information to Seller, and you are consenting to have the information in that account transmitted into your www.bodhi.in account, and you agree that you shall only use Facebook accounts owned by you, and not by any other person or entity.
You agree not to engage in any of the following prohibited activities in connection with the Service:
(i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping";
(ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Seller servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that, subject to the privacy settings of our Users, Seller grants the operators of public search engines revocable permission to use spiders to copy materials from www.bodhi.in for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
(iii) transmitting spam, chain letters, or other unsolicited email;
(iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
(v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(vi) uploading invalid data, viruses, worms, or other software agents through the Service;
(vii) collecting or harvesting any personally identifiable information, including account names, from the Service;
(viii) using the Service for any commercial purposes;
(ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
(x) interfering with the proper working of the Service;
(xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service;
(xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein, or
(xiii) decompiling, reverse engineering, or otherwise attempting to obtain the source code of the Service.
We may, without prior notice, change the Service, stop providing the Service or features of the Service (to you or generally), or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice or liability to Seller, for any reason or for no reason, including if in our sole determination you violate any provision of this Agreement. Upon termination of this Agreement or your access to the Service for any reason or no reason, you will continue to be bound by the terms of this Agreement which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
COPYRIGHT AND INTELLECTUAL PROPERTY
All designs featured on www.bodhi.in are copyright and intellectual property of their respective designers and cannot be reproduced or transmitted in any form without the prior written permission of the designers.
Bodhi invites you to provide feedbacks, suggestions, reviews (collectively known as “Views”) on the website or via email as long as the same is not violating any Indian laws and is accordance with the said Terms. For avoidance of doubt, Views on the content of the Website, products, etc. are individual opinions of the visitors based on their knowledge or experience. Thus these Views are personal opinions of the author. Bodhi neither subscribes to them nor does Bodhi assume any responsibility or liability for the same.
If you provide Views which violate Indian laws or are contrary to these Terms, Bodhi, without any liability or prior intimation, reserves the right (but not an obligation) to remove, delete, edit or refuse to retain on Website any such View that in the sole judgment of Bodhi violates these Terms or any Indian laws. Bodhi may, if deemed fit, even suspend your access or deny you an access to the Website.
You further agree that Bodhi will be entitled to display, distribute, disclose, reproduce, modify, adapt, publish, translate, create derivative works from such Views throughout the world in any media for any purpose whatsoever, without any restriction and without any need to compensate you; and that Bodhi and its associates, consultants, contracted parties have the right to use the name that you submit in connection with such Views, if deemed fit.
You represent and warrant that the Views submitted on the Website are your personal Views and do not violate any Indian laws or do not hurt any person or entity including that the Views are not defamatory.
You agree to indemnify Bodhi and its associates, consultants, contracted parties, etc. for any claim against Bodhi or its associates due to posting of Views on the Website in breach of these
(i) Terms or
(ii) any of these representation or warranties or
(iii) any applicable Indian laws.
We may make available software to access the Service via a mobile device ("Mobile Software"). To use the Mobile Software, you must have a mobile device that is compatible with the Mobile Service. Seller does not warrant that the Mobile Software, will be compatible with your mobile device. Seller hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one www.bodhi.in account on one mobile device owned or leased solely by you, for your personal, non-commercial use. You may not:
(i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law;
(ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party;
(iii) make any copies of the Mobile Software;
(iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or
(v) delete the copyright and/or other proprietary rights notices on the Mobile Software. You acknowledge that Seller may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Seller or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). You agree to comply with all Indian, and foreign laws related to use of the Mobile Software and the www.bodhi.in Service.
OUR PROPRIETARY RIGHTS
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Seller under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Seller does not waive any rights to use similar or related ideas previously known to Seller, or developed by its employees, or obtained from sources other than you.
Seller may provide www.bodhi.in members referral credits when members invite their friends to join www.bodhi.in (“Referral Credits”). Referral Credits may be awarded to the referrer when his/her friends join, as well as when his/her friends make their first purchases.
All credits, referral or otherwise can be used on a minimum shopping cart subtotal (pre shipping) amount of Indian Rupees 1000
If you purchase an item through the Service, your purchase will be processed in accordance with the “Orders” section of our Help section, delivered to you according to our Shipping Policies, and, if applicable, returns will be handled in accordance with our Return Policy, all of which are incorporated herein by this reference.
Refunds for returned purchases will be handled in accordance with our Return Policy.
PAYMENT INFORMATION: TAXES
Seller cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
You agree to defend, indemnify and hold harmless Seller and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
(i) your use of and access to the Service, including any data or content transmitted or received by you;
(ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties you make in this Agreement;
(iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;
(iv) your violation of any applicable law, rule or regulation;
(v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or
(vi) any other party's access and use of the Service with your username, password or other appropriate security code.
THE SERVICE AND ANY PRODUCT OR SERVICE YOU PURCHASE THROUGH THE SERVICE (“PRODUCT”) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND THE PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SELLER, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SELLER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
(i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AVAILABLE ON OR THROUGH THE SERVICE;
(ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE OR ANY PRODUCT;
(iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
(iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE;
(v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY;
(vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR
(vii) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
The Service is controlled and operated from its facilities in India. Seller makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Indian and local laws and regulations, including but not limited to export and import regulations. You represent and warrant you are not located in a country embargoed by India or that has been designated by the Indian government as a “terrorist-supporting” country, and that you are not a foreign person or entity blocked or denied by the Indian government or otherwise listed on any Indian government list of prohibited or restricted parties. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in India.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Seller without restriction.
INDEMINTY AND RELEASE
You shall indemnify and hold harmless Bodhi, its subsidiaries, associates, consultants, contracted parties, etc., and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms or any policy/document incorporated by reference or your violation of any laws, rules, regulations or the rights of a third party.
You hereby expressly release Bodhi and/or its associates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of Bodhi’s suppliers, fashion designers, vendors, courier companies or other parties and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
GOVERNING LAW AND JURISDISCTION
This Agreement, together with any amendments and any additional agreements you may enter into with Seller in connection with the Service, shall constitute the entire agreement between you and Seller concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
Terms and any policy shall be governed by and construed in accordance with the laws of Republic of India. Any dispute or difference either in interpretation or otherwise, of any conditions of the Terms hereto, the same shall be referred to the courts in Mumbai, which shall have exclusive jurisdiction.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Seller's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.