By clicking on the “Terms and Conditions” checkbox and successfully completing the registration process for holding an User Account with BeBuoy InfoServices Private Limited, You are stating that You are Eligible to be a Merchant/ Customer with Us and that You have read, understood and agreed to be bound by all of these Terms and Conditions of Service (“T&Cs”), which are not subject to negotiation.
Please go through these terms carefully. It is important that you spend time reading the terms as they constitute a legal agreement (“Agreement”) between / (the “Website” or “Site”) and
- A holder of a BeBuoy Partner Wallet (“Holder(s)”, “you” or “User”);
- A merchant establishment which allows its customers the option to make a purchase using their BeBuoy Partner Wallet (“Merchant”, “you” or “User”); or
- An internet surfer (“you” or “User”).
This Agreement is published in compliance of, and is governed by the provisions of Indian law, but not limited to:
- the Indian Contract Act, 1872;
- the Information Technology Act, 2000 (“IT Act”);
- the rules, regulations, guidelines and clarifications framed under the IT Act, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPI Rules”); and
- the Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
This document is an electronic record in terms of the IT Act and 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 of the IG Rules that provide for the due diligence to be exercised by the Website.
BeBuoy InfoServices Private Limited (“BeBuoy” “we” or “us”, which also includes its affiliates) is marketing partner for an authorized payment and settlement system under the Payment and Settlement Systems Act, 2007. We market semi-closed system prepaid payment instruments such as gift cards, meal cards, etc. (“Partner Wallet”) to Holders on which they can load and transfer funds in Indian Rupees within India to make purchases or avail of certain financial services (“Service(s)”). BeBuoy has its registered office situated at 1370, Vaishnavi Plaza, Jayanagar, 9th Block, Southend Main Road, Bangalore – 560069, Karnataka, India. We have our team of employees and authorized representatives (herein after referred as “Team”).
TERMS AND CONDITIONS FOR PRE-PAID INSTRUMENTS
These Wallet Terms (as defined hereinafter) shall be read in conjunction with the Terms and shall be applicable to the Partner Wallets issued by BeBuoy Partners unless the Terms conflict with the Wallet Terms stated herein below in which case the Terms shall prevail:
Unless indicated otherwise the capitalized terms listed below shall have the following meanings:
- “Minimum KYC Wallet” means the BeBuoy Partner Wallet used by the User for Transactions of up to INR 10,000 (Rupees Ten Thousand only). The BeBuoy Partner Wallet being granted to the User on provision of certain minimum details including mobile number verified with one-time pin (OTP) and self-declaration of name and unique identification number of any of the ‘officially valid documents’ defined under Rule 2(d) of the Prevention of Money Laundering Rules, 2005 such as passport, driving license, voters’ ID, PAN card, etc.
- “Full KYC Wallet” means the BeBuoy Partner Wallet availed by the User for Transactions up to INR 1,00,000 (Rupees One Lakh only) subject to their submission of the relevant KYC documents that are verified and approved by BeBuoy. The User may choose to either upgrade to the Full KYC Wallet or opt for the same at the time of registration.
- “Charge(s)” or “Service Charges” shall mean the charges which BeBuoy may levy upon the Customer in consideration for subscribing to the BeBuoy Partner Wallet.
- “Gift Instruments” shall mean the gift cards issued as a part of the BeBuoy Partner Wallets at the request of the User.
- “KYC” stands for Know your Customer and refers to the various norms, rules, laws and statutes issued by RBI from time to time under which BeBuoy is required to procure personal identification details from the User before any services can be delivered and/or the Wallet shall be opened by BeBuoy issued to the User. KYC documents may be required by BeBuoy from the User at the time of registration and/or on a later date and/or from time to time, for availing and/or continuation of the Wallet.
- “Merchant Establishment” shall mean outlets that have been authorized by BeBuoy to accept payments using the BeBuoy Partner Wallet including both physical merchants and remote/online merchants.
- “RBI” means the Reserve Bank of India.
- “Services” shall mean the services provided by BeBuoy, subject to applicable regulations, viz.: (a) Minimum KYC Wallet and (b) Full KYC Wallet (each, a “BeBuoy Partner Wallet”)
- “Transaction” means the purchase of goods or services at Mechant Establishments or transfer of money to the BeBuoy Partner Wallet.
- “Wallet Terms” shall mean the terms and conditions in relation to the use of BeBuoy Partner Wallets set out herein.
No Transactions Without KYC
There shall be no Transactions without compliance with KYC requirements. the User understands and agrees that BeBuoy reserves the right to take all steps necessary to ensure compliance with all applicable KYC and legal requirements. BeBuoy may require the User to submit all requisite KYC related information at the time of the User’s access to the Services and/or a later date, for availing and/or continuation of the BeBuoy Partner Wallet.
BeBuoy’ Right to Discontinue
The User acknowledges that BeBuoy has the right to discontinue the Services or reject applications for BeBuoy Partner Wallet at any time:
- If the information and supporting documents provided by the User bear discrepancies; or
- for any suspected violation of the rules, regulations, orders, directions, notifications issued by RBI from time to time or for any violation of these Terms or Wallet Terms or any law for the time being in force; or
- to combat potential fraud, sabotage, willful destruction, threat to national security or for any other force majeure event;
- if BeBuoy believes, in its reasonable opinion, that cessation/suspension is necessary for any other legitimate purpose.
Minimum KYC Wallet Terms and Conditions
In respect of the maintenance and operation of Minimum KYC Wallet, the User shall agree to comply with the following terms and conditions:
- The Minimum KYC Wallet shall be reloadable in nature and issued only in the electronic form.
- The amount loaded in the Minimum KYC Wallet shall not exceed INR 10,000 (Rupees Ten Thousand only) during any month and the total amount loaded during the financial year shall not exceed INR 1,00,000 (Rupees One Lakh only).
- The amount outstanding at any point in time shall not exceed INR 10,000.
- The total amount debited during any given month shall not exceed INR 10,000.
- The Minimum KYC Wallet shall be used only for the purpose of purchase of goods and services.
- No funds transfers shall be permitted from Minimum KYC Wallet to bank accounts or prepaid payment instruments of BeBuoy or other issuers.
- BeBuoy may determine the limit on purchase of goods and services using Minimum KYC Wallet from time to time.
- The User shall agree to convert the existing BeBuoy Partner Wallet into a Full KYC Wallet within a period of 24 months from the date of registration, failing which no further credit shall be allowed in the User’s BeBuoy Partner Wallet. However, the User may be allowed to use the balance available in the BeBuoy Partner Wallet.
- The Minimum KYC Wallet shall not be issued to the same User using the same mobile number at any point in the future.
- The User may, at his/her sole option, close the Minimum KYC Wallet at any time. The User may opt to transfer the outstanding balance at the time of closure either to the source account or the User’s own account, subject to the User complying with the extant KYC requirements.
Full KYC Wallet Terms and Conditions
In respect of the maintenance and operation of the Full KYC Wallet, the User shall agree to comply with the following terms and conditions:
- The User shall be issued the Full KYC Wallet only on the completion of all the KYC requirements in conformity with the “Master Direction – Know Your Customer (KYC) Directions” DBR.AML.BC. Noo.81/14.01.001/2015-16 and the Prevention of Money Laundering Act, 2002 and the rules thereunder.
- The Full KYC Wallet shall be reloadable in nature and issued only in the electronic form including cards.
- The amount outstanding at any point in time shall not exceed INR 1,00,000 (Rupees One Lakh only).
- The User may undertake to transfer the funds ‘back to the source’ (payment source from which the PPI was loaded) or own bank account of the holder of the Full KYC Wallet (as verified by BeBuoy) subject to the limits set by BeBuoy.
- The User shall also be provided with the facility of ‘pre-registered beneficiaries’ whereby the User can register the beneficiaries by providing their bank account details, or details of the wallet held by them, etc. However, the transfer of funds to these pre-registered beneficiaries shall not exceed INR 1,00,000 (Rupees One Lakh) per month per beneficiary subject to the limits as may be set by BeBuoy from time to time.
- The funds transfer limits for all other cases shall be restricted to INR 10,000 (Rupees Ten Thousand) per month.
- BeBuoy may from time to time set limits within the overall limit on the User’s usage of the Full KYC Wallet for purchase of goods and services.
- All funds transfer limits shall be communicated by BeBuoy to the User from time to time and grant the User permission to set his/her own limits within the range decided by BeBuoy.
- The User may close the Full KYC Wallet at any time and transfer the balance as per the applicable limits of the Full KYC Wallet to their pre-designated bank account or any other Full KYC Wallet or any other wallet to which the balance amount available in the Full KYC Wallet shall be transferred in the event of closure of Full KYC Wallet, expiry of validity period of such Full KYC Wallets, etc.
Gift Instruments Terms and Conditions
Prepaid gift instruments shall be subject to the following conditions:
- Maximum value of each Gift Instrument shall not exceed INR 10,000/- (Rupees Ten Thousand only).
- Maximum value of Gift Instrument per mobile number shall not exceed INR 1,00,000/- (Rupees One Lakh only) in a financial year.
- Gift Instruments shall not be reloadable.
- Cash-out or refund or funds transfer shall not be permitted for such Gift Instruments.
- KYC details of the purchasers of such instruments shall be maintained by BeBuoy. Separate KYC may not be maintained for Users who are issued such instruments against debit to their bank accounts in India.
- The Gift Instruments may be revalidated (including through issuance of new instrument) as per the Board approved policy of BeBuoy.
Validity and Redemption
The minimum validity of the Minimum KYC Wallet, Full KYC Wallet and Gift Instruments shall be one year from the date of last load/reload of the instrument. Provided that BeBuoy may provide for longer periods of validity at its discretion.
Maintaining of Records
The User understands and acknowledges that BeBuoy shall maintain a log of all Transactions undertaken using the BeBuoy Partner Wallets along with the details of the end beneficiary as mandated under the extant RBI guidelines or the Prevention of Money Laundering Act, 2002.
The User understands and acknowledges that no interest will be payable by BeBuoy on the balance available in his/her BeBuoy Partner Wallet;
No Cash Withdrawals
The User understands and acknowledges that cash withdrawals, are not permitted from the BeBuoy Partner Wallets, and as such BeBuoy Partner Wallets may only be used for Transactions.
Loading of BeBuoy Partner Wallets
The BeBuoy Partner Wallets may be loaded/ reloaded only by cash (subject to a limit of INR 50,000/- (Rupees Fifty Thousand only)), debit to a bank account, by credit or debit cards, or other wallets (as may be permitted from time to time). The electronic loading/reloading of BeBuoy Partner Wallets shall be through above payment instruments issued only by regulated entities in India and shall be in INR only.
Transferability of BeBuoy Partner Wallet
The User understands and acknowledges that the BeBuoy Partner Wallets are not transferable, and the User is permitted to maintain and operate only one BeBuoy Partner Wallet based on the same mobile number with the same details.
Data Security and Protection
Deactivation of BeBuoy Partner Wallets
- BeBuoy Partner Wallets with no financial Transactions for a consecutive period of one year may be rendered inactive by BeBuoy after due notice to the User. Such BeBuoy Partner Wallets may be reactivated only after validation and applicable due diligence. BeBuoy may be required to report such BeBuoy Partner Wallets to the RBI.
- The User acknowledges and understands that any violation of the conditions of the Wallet Terms shall render their BeBuoy Partner Wallet liable for suspension/discontinuation.
Charge(s) / Service Charge(s)
BeBuoy reserves the right to levy Charges or Charge a commission upon any amounts loaded upon the Customer BeBuoy Partner Wallet or any amounts spent/utilized by the Customer using BeBuoy Partner Wallet. The Customer shall pay the Service Charges prescribed by BeBuoy in the form and manner prescribed for such payment. BeBuoy may at its discretion, change, amend, increase, or reduce the Service Charges with prior intimation.
BeBuoy RUPAY GIFT CARD TERMS AND CONDITIONS
The following terms and conditions are applicable to the Purchaser upon purchase of the BeBuoy RuPay Gift Card through BeBuoy:
- All BeBuoy RuPay Gift Cards shall be valid for minimum period of 1(one) year and shall remain valid till the date mentioned on the face of the BeBuoy RuPay Gift Card. The validity of the BeBuoy RuPay Gift Card may be extended, or a replacement card may be issued on expiry, upon request from the Purchaser or the Cardholder subject to applicable fees and at the discretion of BeBuoy.
- The BeBuoy RuPay Gift Cards can be redeemed at any of the websites and offline locations which accept RuPay instruments as and by way of payment. It cannot be used to buy e-gift vouchers available on the BeBuoy app or website.
- Under no circumstances whatsoever, is the return of BeBuoy RuPay Gift Cards permitted under this Agreement once the same have been generated and delivered to the Purchaser.
- The BeBuoy RuPay Gift Cards cannot be reloaded, resold, transferred for value or redeemed/exchanged for its value in cash by the Cardholder. Cash withdrawal facility is not available on BeBuoy RuPay Gift card.
- If the Cardholder information provided by the Purchaser or the Cardholder is found to be incorrect, the BeBuoy RuPay Gift Card in question is liable to be cancelled and the entire amount forfeited, and no claims in respect thereof will be entertained.
- The Purchaser shall indemnify, defend and hold harmless BeBuoyfrom and against any and all third party liability, losses, costs and expenses (including reasonable attorneys’ fees) relating to or arising out of the breach of these terms and conditions, the negligence or wilful misconduct by the Purchaser, or its employees or agents.
- BeBuoyDOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE BeBuoy RUPAY GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, THE PURCHASER AND THE CARDHOLDER’S SOLE REMEDY WILL BE THE REPLACEMENT OF SUCH GIFT CARD.
- All fees, surcharges, goods and applicable taxes with respect to BeBuoy RuPay Gift Card shall be borne by the Purchaser or the Cardholder. BeBuoyshall have no liability towards the same. There may be surcharge applicable on certain card transactions. In such an event, the same will be deducted from the card balance available in the BeBuoy RuPay Gift Card at the time of transaction. In case the card balance is not sufficient to provide for the surcharge the transaction shall be declined.
- Any change of Cardholder credentials like mobile number, e-mail, etc. will have to be communicated by the Purchaser only. The Cardholder cannot request for any changes directly. Cardholders can check the available balance of cards by logging in on the BeBuoy Website (www.bebuoy.com) and BeBuoy Mobile App.
- BeBuoymay, from time to time issue certain special categories of gift cards, which can be accepted only at specific merchant category outlets.
- Any dispute in relation to the BeBuoy RuPay Gift Cards shall be referred to BeBuoyPvt. Ltd. and the decision of BeBuoyshall be final in this regard. Any disputes and claims in relation to the BeBuoy RuPay Gift Cards shall be subject to the laws of India and the jurisdiction of the courts at Bangalore, India.
- The Cardholder shall inform BeBuoy, by contacting the Customer Care at + (91) 80 41633566 or email at [email protected], within 45 (Forty Five) days of occurrence of any transaction, if any irregularities or discrepancies exist in such transaction or if such Cardholder has any query or complaint in relation to the Transaction. If BeBuoy does not receive any information to the contrary within 45 (Forty Five) days of occurrence of any Transaction, it shall be entitled to assume and proceed on the basis that the relevant Transaction(s) was effected without any irregularity/ discrepancy. Subject to the foregoing, all transactions as aforesaid shall be dealt with in accordance with the Customer Grievance Redressal Policy of BeBuoy which can be accessed at this link
RBI Policies and Guidelines
All pre-paid instruments are governed by policies and guidelines as defined in ‘Master Direction on Issuance and Operation of Prepaid Payment Instruments’ (Master Direction DPSS.CO.PD.No.1164/02.14.006/2017-18) by RBI, details of which can be found here.
YOUR AGREEMENT WITH BeBuoy
- We reserve the right to modify the Terms at any time without giving you any prior notice. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Terms as modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Website or to particular Service are also considered as Terms.
- You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us.
- Your access to use of the Website and the Services will be solely at the discretion of BeBuoy.
- If you do not agree to be bound by (or cannot comply with) any of the terms below, please leave the Website immediately and terminate your account with us. The information that you obtain or receive from BeBuoy, its Team, contractors, partners, sponsors, advertisers or otherwise on the Website is for informational and scheduling purposes only.
- The information provided on the Website is not professional advice and must not be considered as such. Your use of information provided on the Website is solely at your own risk.
- You can accept the Terms by:
- Using the Website; or
- By actually using the Services. In this case, you understand and agree that BeBuoy will treat your use of the Services as acceptance of the Terms from that point onwards.
- For being a valid User you must satisfy the following conditions:
- You are of legal age to form a binding contract with BeBuoy; or
- You are not a person barred from receiving the Services under the laws of India or other countries including the country in which you are resident or from which you use the services.
- I give consent to BeBuoy to collect KYC documents from PSUs and Government agencies on my behalf.
INFORMATION PRESENTATION/ EDITORIAL CONTROL
- We make the Website available as a part of our Service to Holders and Merchants. We may, but have no obligation to, have non user-posted information reviewed by the Website’s editorial personnel.
- It is important to note, however, that the timeliness and accuracy of any or all of the information is not guaranteed. Neither the authors, the editorial personnel, nor any other party who has been involved in the preparation or publication of this work can assure you that the information contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such information.
USE OF SERVICES AND INFORMATION ON THE WEBSITE
- In order to access certain Services, you may be required to provide information about yourself (such as identification, contact or payment details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to us will always be true, accurate, correct, complete and up to date. Any phone number used to register with the Website needs to be registered in your name and you might be asked to provide supporting documents to prove the same.
- Information provided by BeBuoy or otherwise obtained from the Website will not be used for any unauthorized and unlawful purpose;
- You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by BeBuoy, unless you have been specifically allowed to do so in a separate agreement with us;
- You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services);
- You agree that you will not reproduce, duplicate, copy, transfer, license, rent, sell, trade or resell the information obtained from the Website for any purpose whatsoever;
- You agree that you are solely responsible for (and that BeBuoy has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which BeBuoy may suffer) of any such breach.
- You will not impersonate another person, including, without limitation, a Holder or a Merchant.
- All personal and contact information provided by you will be kept confidential by BeBuoy. This includes your personal information given in relation to your account creation and subsequent administration.
YOUR SUBMITTED INFORMATION
- On creation of an account on the Website, you will have the opportunity to use various interactive aspects through which you can communicate with our Team and share information (collectively “Submitted Information”). It is important that you act responsibly when providing such Submitted Information. Do not use inappropriate language, make gratuitous personal criticisms or comments. When participating in interactive aspects of the Service, please do include all relevant information in a concise manner to help us provide you with a helpful response.
- Please note that:
- You are solely responsible for any Submitted Information that you submit on the Website or transmit to our Team and/or other users of the Website;
- You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party;
- You may not provide any Submitted Information that falsely expresses or implies that such content or material is sponsored or endorsed by BeBuoy;
- You may not provide any Submitted Information that is unlawful or that promotes or encourages illegal activity;
- You understand and agree that BeBuoy may (but is not obligated to) review and delete any Submitted Information that in the sole judgment of BeBuoy violates these Terms or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users of the Website and/or any other person;
- You agree that you will only provide Submitted Information that you believe to be true and you will not purposely provide false or misleading information; and
- The following is a partial list of the kind of content and communications that are illegal or prohibited on/through the Website. BeBuoy reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of such violators or blocking your use of the Services and/or the Website. You may not post content that:
- Involves the transmission of unsolicited mass mailing or “spamming”;
- Harasses or advocates harassment of another person;
- Is false or intentionally misleading;
- Violates the intellectual property or other rights of any person;
- Is threatening, obscene, defamatory or libellous; or
- Is pornographic or sexually explicit in nature.
- You agree, through Your use of this Service, that you will not use this Website to post any material which known to be unlawful, false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, libelous, harmful, obscene, profane, sexually oriented, threatening, racially offensive, invasive of a person’s privacy, or otherwise objectionable material of any kind or nature. You agree not to post any copyrighted material unless the copyright is owned by You or You have been given permission by the copyright owner to post such material and You give due credit to the copyright owner by including the copyright information in your post.
- You agree and acknowledge that you will not submit unlawful, offensive, inaccurate, misleading, abusive, pornographic, harassing, libelous, blasphemous, defamatory, obscene, paedophilic, invasive of another’s privacy, hateful, racially or ethically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise inappropriate material.
- You also agree that you will:
- Not upload or share any information that impersonates another person, threatens the unity, integrity, defence, security or sovereignty of India;
- Obtain any consents, permission or licenses that may be legally required for you to submit any material;
- Respect the privacy of others;
- Not distribute or post spam, unreasonably large files, chain letters, pyramid schemes, viruses;
- Not use any other technologies or initiate other activities that may harm the Service, or the interest or property of the Users; and
- Not use any automated systems or means to access, acquire, copy or monitor any part of the Service.
- You will notify BeBuoy at BeBuoy Helpdesk upon coming across any objectionable content on the Website and BeBuoy shall use best efforts to remove such objectionable content within thirty-six hours from being duly notified.
YOUR USE OF INFORMATION
- Except for Submitted Information that you submit, all of the information available on or through the Services and/or the Website, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent and trade secret laws, other proprietary rights and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain BeBuoy’ proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Website for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Website in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in the Website and the Services not expressly granted by us to you are retained by BeBuoy.
- We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, expertise and quality of work or services or other information concerning the Team.
- BeBuoymay employ multiple mechanisms that rely on user’s personal, transactional, financial, device, location and such other data gathered either directly, indirectly, through telemetry from its own applications or from any third-party applications or various other sources both related to or unrelated to BeBuoyto detect, prevent, deter, mitigate and expose fraudulent behavior or any suspicious activity.
- BeBuoymay disclose, in strict confidence, to other institutions, such personal Information of the customer as may be reasonably necessary for reasons inclusive of:
- For participation in any telecommunication or electronic clearing network
- In compliance with a legal directive
- For fraud prevention purposes
PRIVACY AND INTELLECTUAL PROPERTY PROTECTION
- You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
- You agree that you will be solely responsible to BeBuoy for all activities that occur under your account.
- If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately at BeBuoy Helpdesk.
- All trademarks, brands and service marks used in conjunction with the Services offered by BeBuoy and owned by BeBuoy shall be our property; BeBuoy shall own all of the copyrights and database rights in the Services. Without our consent, you may not publish, distribute, extract or reproduce any contents provided by the Services. For use of any third party’s intellectual property, you need to get permission directly from the owner of the intellectual property for any use. Third party trademarks may appear on this Website and all rights therein are reserved to the registered owners of those trademarks.
- As a user of our Website, you acknowledge that any intellectual property which is not specifically mentioned to be owned by us is owned by their respective owners and the owners have a right to take appropriate actions against you for any violation, infringement and passing off.
- Your use of the Services is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the interface/Website.
THIRD PARTY INFORMATION ON THE WEBSITE
- As some information appearing on the Website is provided to BeBuoy by third parties, BeBuoy will have no liability in respect of any loss or damage arising from third party information which appears on the Website, including the manner in which the information is displayed or information which may be:
- Out of date;
- Impersonation by a person to be another person.
- All dealings and communication arising from BeBuoy’ facilitation of interaction between Merchant and Holder will be between the Merchant and Holder only and BeBuoy is not responsible in any manner for any communication between the Holder and the Merchant, and has no liability in respect of such dealings whatsoever.
- BeBuoy is not an agent for any of the Merchants listed on this Website and BeBuoy has no responsibility for and no liability whatsoever in respect of the conduct of a Merchant or quality of service provided by a Merchant.
LINKS TO OTHER SITES
- The Services may include links to other websites. Some of these websites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and the provision of these links does not mean that we endorse these websites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other websites.
- You will note that the URL to every webpage on our Website begins with “https://”. In other words, every webpage on our Website is hypertext transfer protocol secure (“HTTPS Enabled”) or “identity verified”.
- We have had our entire Website HTTPS Enabled to better protect your security against dummy websites. Please verify that a webpage is HTTPS Enabled before providing any information on it. We will not be liable for any consequences of you providing details on any third party website, including dummy websites.
- The interface/Website is provided subject to all of the terms set forth in the Terms.
- We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, expertise and quality of work or services or other information concerning the Team.
- BeBuoy disclaims all warranties whether express or implied, including but not limited to:
- That our Website will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Website and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, the public switched mobile network, private switched mobile networks and your power supply. We take no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control;
- Your ability to use the Service through the Website;
- Your satisfaction with the Service or the Website;
- Security and privacy of your data;
- That bugs or errors in the Service and/or Website will be corrected;
- That our Services will be compatible with all broadband services and modems and we disclaim any express or implied warranties regarding the compatibility of our Service with any particular broadband service or modems;
- We make no express or implied representations or warranties about our Services or the Website and disclaim any implied warranties, including, but not limited to, warranties or implied warranties of merchantability or fitness for a particular purpose or use or non-infringement. We do not authorize anyone to make a warranty on our behalf and you may not rely on any statement of warranty as a warranty by us; and
- That our Team who furnishes Services to you in connection with this Agreement or the Service will be liable for any act or omission in relation to the Website.
RESTRICTIONS ON USE
- In addition to all Terms of this Agreement, you shall not:
- Use the third party links to sites without agreeing to their website terms & conditions;
- Post links to third party websites or use their logo, company name, etc. without their prior written permission; or
- Use the Services for spamming and other illegal purposes.
- You may not use contact information provided by us or other users or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as spam. You may not allow others to use your account to violate the terms of this section. We may terminate your membership or access to the Website immediately and take other legal action if you or anyone using your credentials violates these provisions.
- Certain Services on the Website may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular Service and supplement these Terms. If you choose to register for or access any such Services, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.
- The Service and the Website and its entire contents are provided on an ‘as is’ basis. BeBuoy and its officers, employees, agents and contractors give or make no representation or warranty (either express or implied) as to the suitability of the Service or the Website or its contents for any purpose or the completeness, accuracy, reliability, security or availability of the Service or the Website or its contents; nor do they accept any responsibility arising in any way (including from negligence) for errors in, or omissions from, the Service or the Website.
- BeBuoy and its officers, employees, agents and contractors are not liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from your use or non-use of the Service or the Website, or your reliance upon the Service or the information contained upon the Website (whether arising from BeBuoy’ or any other person’s negligence or otherwise).
- You and BeBuoy agree that any cause of action arising out of your use of the Service or Website must be commenced within 12 (twelve) months after the cause of action accrues or you become aware of the facts giving rise to the cause of action, whichever is later. Otherwise, such cause of action is permanently barred.
LIMITATION OF LIABILITY AND INDEMNIFICATION
- Your sole and exclusive remedy for any dispute with us is the suspension of your BeBuoy account. In no event shall our total cumulative liability to you for any and all claims relating to or arising out of your use of the Website, regardless of the form of action, exceed INR 1000 /- (Indian Rupees One Thousand only).In no event shall we be liable to you (or to any third party claiming under or through you) for any indirect, special, incidental, consequential or exemplary damages arising from your use of, or inability to use, the Website. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, any other commercial damages or losses, even if we knew or should have known of the possibility of such damages.
- You agree to defend, indemnify and hold BeBuoy, and its Team harmless from and against any claims, actions, demands, liabilities, judgments, and settlements, including without limitation, reasonable legal fees resulting from or alleged to result from your use of this Website.
- You hereby indemnify and hold BeBuoy, and its Team harmless from any loss, costs, damages, expenses, and liability caused by your use of the Website, your violation of this Agreement, or your violation of any rights of a third party through use of the Website.
TERM AND TERMINATION
- This Agreement will remain in full force and effect while you use the Portal in any form or capacity.
- BeBuoyreserves the right to terminate your access to the Portal and this Agreement in the event of breach of any terms contained in this Agreement, misrepresentation of information, any unlawful activity or is unable to verify or authenticate any information the Users submit to BeBuoy.
- Clauses under the headings Limitation of Liability and Indemnification, Privacy and Intellectual Property Protection, Dispute Resolution, and Notices shall continue and survive the termination of this Agreement.
- Your account may be disabled and Services may be terminated based upon the representations made by you. Any of the following actions may result in termination of Services:
- Impersonating another person or entity with the effect of misleading users about the identity of the creator of content (including misleading account user names, voices and sounds used in broadcasts, and account profile information);
- Impersonating the Services or a BeBuoy Team member;
- Representing that content you post or transmit through the Services is created or endorsed by us;
- Providing or sending any content which may be harmful or detrimental to BeBuoy or its business associates, or which violates any restriction or policy established by BeBuoy or its business associates;
- Submission of any content that falsely expresses or implies that such content is sponsored or endorsed by us;
- Falsification or deletion of 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 posted;
- Putting on BeBuoy’ system any content that contains software viruses, trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit functionality of any computer software or hardware or telecommunications equipment;
- Manipulating Service identifiers in order to disguise the origin of any content transmitted via the Services;
- Collecting or storing personal data about other users;
- Interfering with or disrupting the Service or servers or networks connected to the Service, or disobeying any requirements, procedures, policies or regulations of networks connected to the Service;
- Using any robot, spider, website search/retrieval application, or other device to retrieve or index any portion of the Service or collect information about users for any unauthorized purpose; or
- Creating user accounts by automated means or under false or fraudulent pretences.
- If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
CUSTOMER GRIEVANCE REDRESSAL POLICY
- BeBuoyshall address any discrepancies and grievances of all the Users with respect to processing of information in a time bound manner. For detailed Customer Grievance Redressal Policy, please click here.
GOVERNING LAW AND DISPUTE RESOLUTION
- Except as otherwise described, all content availed by the use of this Website/interface are made available only to facilitate the users. BeBuoy controls and operates the Website and Services and makes no representation that the contents and Services are appropriate or available for use in other locations. If you use the Services from a location other than the location where the Website and Services are controlled and operated, you are responsible for compliance with applicable local laws.
- These Terms shall be governed by and shall be construed in accordance with the laws of India. All disputes relating to these Terms shall be settled in the courts located at Bangalore, India.
- The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement, the terms of Service or the right to use the Portal by the Users contained herein or any other section or pages of the Portal in any manner whatsoever.
- All notices and communications shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/ facsimile, with due acknowledgment of complete transmission to the following address: