This document is an electronic record in terms of Information Technology Act, 2000
and rules there under as applicable and the amended provisions pertaining to
electronic records in various statutes as amended by the Information Technology Act,
2000. This electronic record is generated by a computer system and does not require
any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the
Information Technology (Intermediaries guidelines) Rules, 2011 that require
publishing the rules and regulations, Privacy Policy and Terms of Use for access or
usage of our website: www.bashundhara.in.
The domain name www.bashundhara.in or (hereinafter referred to as
"Website") is
owned by M/s Bashundhara Global Marketing Private Limited, which is a registered
company, having its head office at
______________________________________________________________, India (hereinafter
referred to as “BGMPL”).
In General
BGMPL owns and operates the website with its full ownership & control. This document
governs your relationship with BGMPL as a Customer / Direct Seller. Access to and
use of this website and the products and services available through this website
(collectively, the “Services”) are subject to the following terms, conditions, and
notices (“Website Terms of Use”). By using the Services, you are agreeing to all of
the website terms of use, as may be updated by us from time to time. You should
check this page regularly to take notice of any changes we may have made to the
website terms of use.
Access to this website is permitted on a temporary basis, and we reserve the right
to withdraw or amend the Services without notice. We will not be liable if for any
reason this website is unavailable at any time or for any period. From time to time,
we may restrict access to some parts or this entire website.
Website disclaimer
The contents of this website are only for information purpose. Users are advised to
rely on information posted herein for any purpose only after verification and
confirmation of the same from authentic and authoritative sources. Neither BGMPL nor
the website developer is responsible for any consequences that may arise out of
using such information without verification / confirmation. There may be time gap in
internet / online posting / transmission of information and availability of such
information at browsers’ end. Exact status may be confirmed from source
www.bashundhara.in. We are running this website, to promote our
business within our
direct selling network. We are at
_____________________________________________________________________, India. The
Payment Gateway, which we mentioned in this website, is our official account, the
money collected from this website on behalf of BGMPL i.e. M/s Bashundhara Global
Marketing Private Limited on the sale of products exclusively marketed by M/s
Bashundhara Global Marketing Private Limited.
Prohibitions
The services available on this website are for customers, who are interested and
have requested to become a Customer / Direct Seller of the BGMPL. Once you register
as a user, you will permit us to fill BGMPL registration form and to mention your
name where ever your signature is required.
You must not misuse this website: www.bashundhara.in. You will not:
commit or
encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic
bomb or any other material which is malicious, technologically harmful, in breach of
confidence or in any way offensive or obscene; hack into any aspect of the service;
corrupt data; cause annoyance to other users; infringe upon the rights of any other
person’s proprietary rights; send any unsolicited advertising or promotional
material, commonly referred to as “spam”; or attempt to affect the performance or
functionality of any computer facilities of or accessed through this website.
Breaching this provision would constitute a criminal offense and BGMPL will report
any such breach to the relevant law enforcement authorities and disclose your
identity to them. We will not be liable for any loss or damage caused by a
distributed denial-of-service attack, viruses or other technologically harmful
material that may infect your computer equipment, computer programs, data, or other
proprietary material due to your use of this website or to your downloading of any
material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic
images) made available to you on or through this website remains the property of
BGMPL or its licensors and are protected by copyright laws and treaties around the
world. All such rights are reserved by BGMPL and its licensors. You may store,
print, and display the content supplied solely for your own personal use. You are
not permitted to publish, manipulate, distribute, or otherwise reproduce, in any
format, any of the content or copies of the content supplied to you or which appears
on this website nor may you use any such content in connection with any business or
commercial enterprise.
Terms of Sale
By placing an order, you are offering to purchase a product on and subject to the
following terms and conditions. All orders are subject to availability and
confirmation of the order price. Dispatch times may vary according to availability
and subject to any delays resulting from postal delays or force majeure for which we
will not be responsible.
In order to contract with BGMPL, you must be over 18 years or 21 years (if in state
of Maharashtra) of age. BGMPL retains the right to refuse any request made by you.
If your order is accepted, we will inform you by email. When placing an order, you
undertake that all details you provide to us are true and accurate, that you are an
authorized user of the credit or debit card used to place your order and that there
are sufficient funds to cover the cost of the goods. All prices advertised are
subject to such changes.
- a) Our Contract When you place an order, you will receive an
acknowledgement e-mail confirming receipt of your order: this email will only be
an acknowledgement and will not constitute acceptance of your order. A contract
between us will not be formed until we send you confirmation by e-mail that the
goods which you ordered have been dispatched to you. Only those goods listed in
the confirmation e-mail sent at the time of dispatch will be included in the
contract formed.
- b) Pricing and Availability Whilst we try and ensure that all details,
descriptions, and prices which appear on this website are accurate, errors may
occur. If we discover an error in the price of any goods which you have ordered
we will inform you of this as soon as possible and give you the option of
reconfirming your order at the correct price or cancelling it. If we are unable
to contact you, we will treat the order as cancelled. If you cancel and you have
already paid for the goods, you will receive a full refund. Delivery costs will
be charged in addition; such additional charges are clearly displayed where
applicable and included in the ‘Total Cost.’
- c) Payment There are various methods of payment used by BGMPL. These
methods of payment can be online either through wallets / debit / credit card or
account transfer. Upon receiving your order, we carry out a standard
authorization check on your payment card to ensure there are sufficient funds to
fulfill the transaction. Your card will be debited upon authorization being
received. The amount received upon the debiting of your card shall be treated as
a deposit against the value of the goods you wish to purchase. Once the goods
have been dispatched and you have been sent a confirmation email the amount paid
as a deposit shall be used as consideration for the value of goods you have
purchased as listed in the confirmation email.
- d) Customer / Direct Seller Upon receiving your request to become
Customer / Direct Seller with the Company, that he / she has read, understood,
and accepted all the terms and conditions on the Application + Contract Form and
BGMPL through its separate Marketing Plan to provide incentives to its exclusive
Direct Sellers and agrees to comply by all the terms laid down. To become a
Direct Seller of BGMPL is free. This document is uploaded on the website:
www.bashundhara.in. Direct Seller of the company also agrees to
read and comply
by further amendments, which will be made from time to time from BGMPL.
Disclaimer of Liability
The content presented on the website www.bashundhara.in is provided
without any
guarantees, conditions, or warranties regarding its accuracy. Unless explicitly
stated otherwise and to the fullest extent allowed by law, BGMPL, along with its
suppliers, content providers, and advertisers, disclaims all implied conditions,
warranties, and other terms that may be implied by statute, common law, or equity.
Furthermore, BGMPL shall not be held liable for any form of damages, including but
not limited to direct, indirect, special, consequential, punitive, or incidental
damages, as well as damages for loss of use, profits, data, or other intangible
assets, harm to goodwill or reputation, or expenses incurred in acquiring substitute
goods and services. These damages may arise from or be connected to the use,
inability to use, performance, or failures of this website and any materials posted
on it, regardless of whether such damages were foreseeable or arise in contract,
tort, equity, restitution, by statute, at common law, or by any other means.
This disclaimer does not affect BGMPL's liability for death or personal injury
resulting from negligence, fraudulent misrepresentation, or misrepresentation of a
fundamental matter, or any other liability that cannot be excluded or limited under
applicable law.
Linking to this Website
Our website may include links to other websites that may be of interest to you.
However, once you use these links to exit our website, please be aware that we do
not have any control over these other websites. Consequently, we cannot take
responsibility for the protection and privacy of any information you provide while
visiting such websites. These external websites are not governed by this privacy
statement. We recommend exercising caution and reviewing the privacy statement
applicable to the specific website you are visiting.
Indemnity
Customers and Direct Sellers agree to indemnify, defend, and hold harmless BGMPL,
along with its directors, officers, employees, consultants, agents, and affiliates,
from any and all third-party claims, liability, damages, and associated costs
(including, but not limited to, legal fees). These claims and costs may arise due to
your use of this website or your violation of the website terms of use.
Modification of Website Terms of Use
BGMPL reserves the right, at its absolute discretion and without prior notice, to
modify, remove, or change the Services and / or any page of this website, as well as
its policies.
Invalidity
If any portion of these website terms of use is deemed unenforceable, including any
provision where we limit our liability to you, the enforceability of the remaining
parts of the website terms of use will not be affected, and all other clauses will
remain in full force and effect. If possible, any clause, sub-clause, or part of a
clause / sub-clause that can be separated to make the remaining portion valid will
be interpreted accordingly. Alternatively, you agree that the clause will be
adjusted and interpreted in a manner that closely aligns with the original meaning
of the clause / sub-clause to the extent permitted by law.
Complaints
We operate a complaint handling procedure which we will use to try to resolve
disputes when they first arise, please let us know if you have any complaints or
comments.
Waiver
If you breach these conditions and we take no action, we will still be entitled to
use our rights and remedies in any other situation where you breach these
conditions.
Communication with Customers / Direct Sellers
BGMPL is committed to keeping our customers / Direct Sellers informed about our
Product / Service Promotions through SMS and emails. Additionally, we send regular
Transactional SMS and emails to our Customers / Direct Sellers from the email
address: info@bashundhara.in. If you have any inquiries or questions
regarding the
website's terms of use, please do not hesitate to contact us by emailing us at the
following email address: info@bashundhara.in.
Termination
BGMPL reserves the right to take appropriate action in the event that any member of
the website is found to have engaged in counterfeiting or violated the website terms
of use. This includes the company's authority to terminate the user account and
pursue penalties through legal proceedings as deemed necessary.
Governing Law
The website terms of use are crafted in a clear and understandable manner and are
governed by the laws of India. Accordingly, any disputes or conflicts, whether
directly or indirectly related to these website terms of use and associated with
this website, must be exclusively brought before the appropriate courts in
Jalpaiguri (West Bengal, India). These courts are vested with the relevant
jurisdiction. If your disputes are found to be in violation of these terms, you will
be held responsible for any penalties imposed by the jurisdiction.