Thank you for accessing The Bengal Store, a platform designed for products and services made in and authentic to Bengal. (Hereinafter referred to as the Services) through an accessible digital portal on www.thebengalstore.com
The Services rendered are owned and operated by Bottomline Solutions, a proprietorship company formed under and as per the laws of India. (hereinafter referred to as “BS”, “We”, “Us”, “Our” and its different connotations). You must first agree to the terms of use in order to use the services.
These Terms of Use (“Terms”) are applicable to anyone who would like to list their products on the platform to sell to customers and anyone visiting our portal or using our Services (together called as “Users” or “You”).
By using our Services and/or clicking to accept the Terms of Use wherever provided it will be taken as acceptance of the Terms of Use and concluding a legally binding contract with ‘BS’. If you are a parent or guardian and you provide your consent to your child’s use of the platform, you agree to be bound by these Terms in respect to their use of the platform. By your continued access or use of the platform, you signify your agreement to be legally bound by the Terms set forth herein. If you do not comply to this Terms, promptly exit this page and stop accessing the Services.
In order to use the Services, you may or may not create an account (“Account”) by registering with us. In case of clarifications, even if you do not create an Account, these Terms are applicable to you. Account creation requires you to provide an email address and password (“Account Credentials”) and certain other personal information, as that term is used in our privacy policy; additionally, you shall furnish other information such as and all other information collected in accordance with the privacy policy (collectively, “User Data”) as part of your use of Services you should:
You may enable or log in to the Services via various online third party services, such as email, social media, and social networking services including but not limited to Gmail, Facebook and/or Twitter (“Third Party Services”). By logging in or directly integrating these Third Party Services into the Services, we make your online and mobile experiences richer and more modified. To take advantage of this feature and capabilities, we may ask you to authenticate, register for, or log into Third Party Services on the websites of their respective providers. As part of such integration, the Third Party Services will gain access to certain information that you have provided to us, including personal information, and they will use, store, and disclose such information in accordance with their individual privacy policies. The manner in which Third Party Services use, store, and disclose your information is governed solely by their individual privacy policies and terms and conditions. In addition, we are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with Third Party Services. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third Party Services. We enable these features merely as a convenience to the Users.
The onus for maintaining the security of your Account Credentials lies solely on you and for all Services accessed, or otherwise used in connection with your Account Credentials and all actions taken in association therewith. You will not share your Account Credentials with any third party. We reserve the right to suspend your Account and/or required that you change your password if we believe for any reason that your password is no longer secure.
We try to use sensible security measures to protect against unauthorized access to your Account. We cannot, however, guarantee the absolute security of your Account, your User data or the content, or the personal information or location information you provide, and we can’t assure that our security measures will prevent third party hackers from illegally accessing the Services or its contents. You agree to immediately notify us of any unauthorized or suspected unauthorized use of your Account or password or any other violation of security, and to content, or any other information you provide in connection with your use of the Services.
You understand that if you delete your Account, or if we delete your Account, you may lose access to any data previously associated with your Account. Even if your Account is deleted some of your personal information will be stored in the backup server, hence, if you urge to delete all your personal information permanently, the same must be informed to us via email. You accept and concur that you shall have no ownership or other proprietary interest in any Account that you create using any of our Services.
We hereby grant you the limited right to access, view and use the platform only for the purposes of accessing, viewing, posting or submitting User material, using the fixed link function, for accessing information, applications, and services.
We reserve the right to suspend or reject, in our sole discretion, your access to all or any portion of the platform. This license is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved to us.
Unless you have received specific written permission from us, you may not
Without limiting other restrictions, you agree not to reproduce, convey, sell or otherwise exploit the platform for any commercial purpose.
All third-party trade names and trademarks are owned by TBI and their respective owners and make no warranty or representation in relation to them. We do not claim or affirm any right title or interest in any third-party communications.
We offer you the opportunity to submit post, display, transmit, perform, publish, distribute or broadcast content and materials, including, without limitation, articles, commentaries, photographs, text, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally exclusive information. You retain ownership of any intellectual property rights that you hold in the content.
We will not be held responsible or liable for any of the User Content provided by you on our platform. We shall at our own discretion remove any content if we regard as necessary to do so.
It has to be justified and signified from your end that your content, and the content of any website from which you include a link to any site, or to which you post a link from a site, will not be out of place and you also agree and acknowledge that you will not make any attempts to avoid or undermine any protections that we may put in place for the security and operation of platform. Without any constraint, content (and the content of third-party websites) may be considered inappropriate if:
We reserve the right to terminate your Account in case of your breach of these Terms or any other conduct relating to the use of Services. In addition to anything given in the Terms:
You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or forbid you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.
You promise that all the information you provide to us on accessing and/or using our Services is and shall remain true, accurate and complete at all times. In spite of any other provision of these Terms you agree and undertake not to:
The Service may only be accessed and used via authorized servers. You must take no action to bypass authorized servers and/or use third party software to modify any aspect of the Service, whether for securing an unfair advantage over other users, and you expressly give consent to us for monitoring your computer’s random-access memory for identifying said unauthorized third-party programs.
All payments by Users shall be through the payment mechanism put in place by us.Valid Credit / Debit/ Cash Card/ online bank transfers and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms agreed to between the Users and the respective issuing bank and payment instrument issuing company. We shall not be liable for any unauthorized use, fraud, payment refunds, lost amount etc. in the transaction.
We shall facilitate refund of the amount paid by you in two instances. They are as follows:
Your use of the Services and access to our platform will be at your own risk and are provided “as is”, “as available” and “with all faults”. We do not warrant that the functions contained on the website and/ or in the mobile applications will be uninterrupted or error-free, that defects will be corrected, or that the services, systems, networks or servers that make them available are free of viruses or other harmful components.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the services and products on the Services or displayed or transacted or the content (including service and product information and/or specifications) on the website.
The Users are responsible for their interaction with other Users and Vendors on the Platform. The Users are expected to use their discretion and best judgment while interacting with other Users and Vendors of the Services. We will not be responsible for any loss or damage caused due to such interactions.
Users are held personally liable for any violation of a third party’s rights. You agree to reimburse us for all damages resulting from the culpable non-observance of the obligations of these Terms. Users shall release us from all eligible claims that other users or third-parties may file against us due to a violation of their rights by content posted by the User or due to a violation of other obligations. You shall assume our costs of the legal defense, including all court and legal fees; however, this condition does not apply if the User is not responsible for the breach.
In no event we shall the be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or data use, incurred by you or any third-party, whether in an action in contract or breach of the contract, arising from your access to, or use of, the platform or any content provided on or through the platform.
The Users represent and warrant that their use of the Services will be in strict accordance with our privacy policy, with these Terms and with all applicable laws and regulations (including without limitation any local laws or regulations in their country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which they reside).
The Users agree to indemnify us and hold us harmless, our contractors, licensors, and our respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of their use of the Services, including but not limited to the violation of these Terms by the Users.
We hold the right to modify these Terms (a) in the event of any amendments made due to legal changes, (b) in the event of any amendments made due to decisions by any competent court of law, (c) because of technical necessity, (d) in order to maintain our operations, (e) in the event of a change in market conditions, (f) for the benefit of the User.No amendment will take place if such amendment would significantly disrupt the contractual balance between the User and us.
Users will be informed of any amendments to the Terms via the platform or via notice by email or in writing.
If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.
Any rights and licenses granted hereunder shall not be transferred or assigned by you but, shall be assigned by us. Any attempted transfer or assignment in violation hereof shall be considered as null and void.
No waiver of any terms of these Terms shall be treated as a further or continuing waiver of such term or any other term and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
This Terms shall be governed by and construed in accordance with the Arbitration and Conciliation Act 1996, or such similar laws of India which are not in conflict with each other. Such shall be subjected to the exclusive jurisdiction of the competent courts of Mumbai, India.
We have authorized representatives who oversee any kind of queries, issues, and complaints regarding this Terms. However, these queries, issues, and complaints received to us will be thoroughly examined and inspected before we revert. Hence, the contact details where you can address to VMPL with regards to this Terms of Use, via email or postal mail is as follows:
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