Please read these terms and conditions ("Terms") carefully before accessing or using the Platform (defined hereinafter). These Terms along with the Privacy Policy published on the Platform ("Privacy Policy") and other policies (as may be notified/displayed/published on the Platform) constitutes the contract between the Users of this Platform and Company (collectively "Agreement"). By use of the Platform, Users agree to be bound by these Agreement as posted on the Platform from time to time.

 

1. ABOUT THE TERMS

1.1 What is Bizztm and who operates it?

1. Bizztm is an inventory-led model, where the company is the only supplier and users are the buyers

2. The Application and the website at www.Bizztm.com ("Website") (collectively, "Platform") are operated by Fashnear Technologies Private Limited ("Company").

3. Services are not made available on the Website and to avail the same, Users are required to install the Application.

1.2 When are these Terms applicable and binding on User?

1. The Agreement is applicable to any person when they install, download or even merely visit or access any part of the Platform or utilise the Services, such persons are referred to as users

2. The Agreement between User and Company is effective on the date on which the Application is downloaded/Website is accessed and/or the date on which terms of Agreement are updated, creating a legally binding arrangement between the User and the Company.

1.3 Whether the terms of this Agreement can be modified?

1. Users can review the most current version of the Agreement at any time on the Website. Company reserves the right to unilaterally update, change or replace any part of the Agreement by publishing updates or changes on the Platform and such amended provisions of the Agreement shall be effective immediately upon being posted on the Platform.

2. It is the responsibility of the Users to check this page periodically for changes. The Users’ continued use of or access to the Application following the posting of any changes constitutes acceptance of those changes.

1.4 What if the terms of the Agreement are not acceptable to User?

1. If the User does not agree with the terms of the Agreement, the User is advised to refrain from using the Platform. By accessing or using the platform, the user irrevocably accepts the Agreement and agrees to abide by the same (as updated from time to time).

2. ACCOUNT REGISTRATION, SUSPENSION AND TERMINATION

2.1 Does a User necessarily need to create an account on the Platform?

1. Company does not permit Users to avail the Services on the Platform without prior registration. Users may access the Application by registering to create an account and become a member. The membership is limited for the purpose of buying or selling products, is subject to this Agreement and strictly not transferable.

2.2 For the use of Platform, is a User subject to any eligibility criteria?

1. The Services on the Platform shall be availed by User(s) who can form legally binding contracts under Indian Contract Act, 1872 and are at least eighteen (18) years of age.

2. The Company reserves the right to terminate the Users account and / or deny access to the Platform if it is brought to the Company’s notice or if it is discovered that the User does not meet the conditions herein. User(s) accessing or using the Platform represent and warrant that they have the right to access or use the Platform.

2.3 Are there any specific requirements for registering an account on Platform?

1. The Users are required to enter a valid phone number while registering on Platform. By such registration, User consents to be contacted by Company via phone calls, SMS notifications, instant messages or other such means of communication inter alia for subscription/services/promotional updates etc. Users may 'opt-out' of such subscription/service/promotional updates either through the ‘opt out’ means provided or by writing to the support team.

2. It is the responsibility of the Users to provide correct mobile number so that the Company can communicate with the Users via SMS. The Users understand and agree that if the Company sends an SMS but the Users do not receive it because the Users’ mobile number is incorrect or out of data or blocked by the User's service provider, or the Users are otherwise unable to receive SMS, the Company shall be deemed to have provided the communication to the Users effectively.

3. It is the User’s responsibility to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.

2.4 Can User account registered on Platform be suspended or terminated?

1. The Company reserves the right to suspend or terminate the account or access to Services (or any part thereof) on the Application including blocking any amounts due to the User and associated account without notice and the Users will remain liable for all amounts due up to and including the date of termination, if:

   1. any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; and/or

   2. in Company’s assessment, the User has:

      1. unreasonable instances of returns and/or cancellations initiated;

      2. engaged in actions that are fraudulent, negligent or derogatory to the Company’s interests.

      3. failed or is suspected to have failed to comply with any term or provision of the Agreement or applicable law.

   3. User is found to be non-compliant with the Agreement.

2. Further, where the violation of the Agreement gives rise to criminal or civil action, the Company may at its sole discretion pursue such action.

3. Without prejudice to the above stated rights of the Company, in case of alleged fraud or other breach of this Agreement by User, Company may at its sole discretion (a) withhold all amounts payable to such User; and (b) impose penalties as the Company may reasonably determine and set off such penalties from the monies payable by Company to such User.

2.5 What are User obligations vis-à-vis its registered account on Platform?

1. Having an account on the Platform gives authenticity to the actions of the User. It means that the User is solely responsible for all activities that occur under its account and that all transactions made by such User is intended for bona fide sale or consumption in the course of their business activities.

2. Any and every activity undertaken by a User under his/her account shall be the sole responsibility of such User and the Company shall not be liable for such activity in any manner. Hence it shall be the responsibility of the User to treat the user identification code, password and any other piece of information that is provided by the Company, as part of the security procedures, as confidential and not disclose the same to any person or entity other than the Company.

3. User acknowledges and agrees that having an account on Platform does not grant it any rights on Platform not specifically granted to them by the Company, and that the User has no ownership or other interest in the account. The User understands that all rights in and to the account are and shall forever be owned by and inure to the benefit of the Company.

4. On registration, the Users may receive a password protected account and an identification. The Users agree to:

   1. maintain the confidentiality of their password, if applicable;

   2. take full responsibility for all activities by Users accessing the Application through their account;

   3. immediately notify the Company of any unauthorised use of their account or any other breach of security that they become aware of; and

   4. ensure that they exit from their account at the end of each session.

3. PLACING ORDERS AND FINANCIAL TERMS

3.1 How does order placement work on the Platform?

1. The Application allows Users to place orders for the products listed by the company on Application and the Application, subject to Agreement herein, facilitates the placement of orders for the products by the Users.

2. On receipt of an order from a User, Company shall send electronically a confirmation of such order to the User concerned. Further, the Company may inform the User about the availability or unavailability or change in price of the order, from time to time. Confirmation of the order by the company shall be treated as final.

3. Company makes all reasonable efforts to promptly update the Users account and other information in order to assist facilitate the transaction completion. Hence, Users are required to provide current, complete and accurate purchase and account information for all purchases made at on the Application.

3.2 How are the commercial terms fixed on Application?

1. All commercial/contractual terms of sale are offered by the company and agreed by the users(retailers). The commercial/contractual terms include without limitation, price, date, period and mode of delivery, warranties related to products, etc.

2. Policies related to returns/ exchanges, penalties, refunds, cancellation will be updated in the Application from time to time. The Company holds the right to change these policies as required in the Application without any permission from the Users.

3.3 How does payment and settlement of payment work on the Platform?

1. The Users understand, accept and agree that the payment facility provided by the Company is neither a banking nor financial service but is merely a facilitator providing a payment processor for the transactions on the Application. Further, by providing payment facility, the Company is neither acting as a trustee nor acting in a fiduciary capacity with respect to the transaction or the transaction price.

2. In connection with any order, information such as name, billing address and credit card information may need to be provided either to the Company or the third party payment processor. If the Users are directed to the third party payment processor, they may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Users are requested to review such terms and conditions and privacy policy before using the Application. The transaction is bilateral between the company & Users ("User Transactions"), the Company is liable to charge or deposit any taxes applicable on such transaction.

3.4 Whether Company charges User(s) for Services provided by Company on the Platform?

1. Services on Platform may require payment of charges, rate of which shall be solely at the discretion of the Company and shall be subject to User approval at the time of placing an order on the Platform. Company reserves the right to revise charges towards Service at any time at its sole discretion. The charge, applicable at any given time, will be the charge displayed at the time of purchase/booking of the respective Service (if any) by User on the Platform.

2. Company reserves the right to introduce additional chargeable services on the Platform including charges for a premium return service, cancellation charges, cash on delivery handling fees etc.

3.5 Whether for transacting on Platform, User is required to be registered under the Central or State Goods and Services Tax Legislations ("GST Laws")?

1. Company is not obligated towards any direct or indirect tax obligation of the User that may arise as a result of User's access or use of Services on the Platform. The requirement for registration and compliances under the GST Laws and other tax laws is the sole responsibility of the User, the Company is not liable for any omissions or commissions by such User who acts in violation of the any applicable law. Accordingly, User is advised to seek independent tax advice relating to its business and/or transaction through Platform including whether it is liable for GST registration.

3.6 What are the terms and conditions regarding the offers, benefits & services provided on the Platform

1.  All product discounts and offers are by the by the Company.

2. From time to time, we may conduct various types of marketing and promotional campaigns which may include offers, discounts and other promotional offers to be used on our platform. Such offers shall be subject to the terms and conditions which are solely determined by us, and the terms of such discounts and offers may vary for the customers based on factors relating to the customer such as usage of the platform, volume of transactions, time spent on the platform, city, place of residence, time, etc.

3. We reserve the right to void, discontinue, cancel or reject the use of any of the offers, discounts or promotional offers without any prior intimation.

4. The offers, discounts and promotional offers may be changed or amended from time to time

5. It is your responsibility to review and comply with the terms and conditions governing the offers, discounts and other promotional offers provided on our platform.

6. Any of the offers, discounts or promotional offers may not be valid when used in conjunction with other promotional offers or vouchers unless explicitly permitted by us.

7. The offers, discounts and promotional offers cannot be exchanged for cash and can only be availed in accordance with the terms and conditions of the offers.

8. The company will not be responsible for damages arising from the use of its services.

4. USE OF THE PLATFORM

4.1 Can User access and use the Platform at any time or could there be any limitations?

1. Company endeavours to make the Application available 24X7. However, the Company does not represent that access to the Application will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.

2. Users understand and acknowledge that the use of Application requires internet connectivity and telecommunication links. Users shall bear the costs incurred to access and use the Application and avail Services, and Company shall not, under any circumstances whatsoever, be responsible or liable for such costs.

3. Company does not warrant that Application will be compatible with all hardware and software which is used by Users.

4. Application may be under constant upgrades, and some functions and features may not be fully operational. Application is provided on an 'as is' and 'as available' basis. Company expressly disclaims all warranties of any kind, whether express or implied with respect to the records and other data that is made available by it to Users.

5. Users shall be solely responsible for damages to their data system or for loss of data arising from download of content from Application. No guidance or information, written or oral, obtained from Company or via Platform, shall constitute any warranty, unless stated otherwise.

4.2 Whether the use of Platform (a) is restricted in any manner; and (b) requires any generic compliances from User?

1. User should not use the Platform to host, display, upload, download, modify, publish, transmit, update or share any information which:

   1. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

   2. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

   3. is harmful to a child or a minor;

   4. harasses or advocates harassment of another person;

   5. infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;

   6. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices;

   7. tries to gain unauthorized access or exceeds the scope of authorized access to the Application or to the profiles, blogs, communities, account information, or other areas of the Application or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

   8. interferes with another User’s use and enjoyment of the Platform or any third party users enjoyment of similar services;

   9. refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the spirit of these Terms;

   10. violates any law for the time being in force;

   11. impersonates another person;

   12. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, threatens public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or insulting other nations.

   13. contains software viruses or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; and

   14. directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

2. When accessing or using the Platform or availing the Services, the User has to comply and ensure the following:

   1. All registration information submitted by User is truthful, lawful and accurate;

   2. User's use of the Application/Platform shall be solely for their use and they shall not authorize others to use the account;

   3. User does not submit, post, upload, distribute, or otherwise make available or transmit any information that: (i) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (ii) is bigoted, hateful, or racially or otherwise offensive; (iii) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (iv) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;

   4. All necessary licenses, consents, permissions and rights are owned by Users and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by the Agreement, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any content that Users submit, post, upload, distribute or otherwise transmit or make available;

   5. User will not use Platform in any way that is unlawful, or harms the Company or any other person or entity;

   6. User will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of Application;

   7. User will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;

   8. User will not or attempt to delete or modify any content of Platform, including but not limited to, disclaimers or proprietary notices such as copyright or trademark symbols, logos;

   9. User will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest;

   10. User shall not access Platform without authority or use Platform in a manner that damages, interferes or disrupts, any part of Platform or any equipment or any network on which Platform is stored or any equipment of any third party;

   11. User shall not attempt to gain unauthorized access to any portion or feature of the Application, or any other systems or networks connected to the Platform by any means. User shall not probe, scan or test the vulnerability of Platform nor breach the security or authentication measures on Platform or any network connected to Platform.

   12. User agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of Platform or any transaction being conducted on Platform, or with any other person’s use of Platform. User may not use Platform or any of its content for any purpose that is unlawful or prohibited by this Agreement.

   13. User shall at all times ensure full compliance with the applicable law, as amended from time to time, including that of (i) the Information Technology Act, 2000 and the rules thereunder; (ii) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (iii) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to Direct and Indirect Taxes applicable as per current statue in the country) regarding the use of the Application and listing, purchase, solicitation of offers to purchase, and sale of products or Services. User shall not engage in any transaction which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

   14. In order to allow Company to use the information supplied by the Users, without violating any rights or any laws, Users agree to grant Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights. Company will only use the information in accordance with this Agreement, applicable to use of Platform and for provision of Services.

3. Company shall at times and at their sole discretion reserve the right to disable any user identification code or password if any User has failed to comply with any of the provisions of this Agreement. Company shall have all the rights to take necessary action and claim damages that may occur due to User's involvement/participation in any way either on their own or through group/s of people, intentionally or unintentionally in hacking.

5. FAIR USAGE POLCY

We always strive hard to provide the best experience to our customers on the platform. To ensure that all customers use our platform in good faith, we keep track of customer behaviour which includes maintaining order history and other details relating to the manner of use of our platform. In the event of any abuse of our platform or the policies, which include excessive returns or refusal to accept shipments which are not otherwise wrong or defective, actions such as levying a service fee, discontinuing COD options, etc. may be undertaken to address such issues. Customers whose profiles indicate high volumes of valid transactions on the platform may be offered benefits the company, from time to time, based on their discretion and policies.

6. ACCURACY AND COMPLETENESS OF INFORMATION ON PLATFORM

6.1 What is the accuracy and completeness of all information displayed on the Platform?

1. Company takes all endeavours to the best of its efforts to keep information on the Platform accurate. However, the material and content on the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timely sources of information.

2. Company undertakes no obligation to update, amend or clarify information in the Platform, including without limitation, pricing information, except as required by law. Company does not own any responsibility or obligation whatsoever towards either ensuring the accuracy of the information provided by the Users. Any reliance on the material on Platform is at the Users’ own risk.

3. Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. The Company reserves the right to modify the contents of Platform at any time, but has no obligation to update any information on Platform. User is solely responsible to monitor changes to the information on Platform. No specified update or refresh date applied to Platform, should be taken to indicate that all information on Platform or pertaining to the Services have been modified or updated.

4. Occasionally there may be information on Platform that contains typographical errors, inaccuracies or omissions that may relate to information pertaining to the products, pricing, promotions, offers, shipping charges, transit times and availability. Company reserves the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on Platform is inaccurate at any time without prior notice.

5. The Information is provided 'as is' with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the Information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing contained in this Agreement shall to any extent substitute for the independent investigations and the sound technical and business judgment of User.

7. USER INFORMATION AND THRID PARTY TOOLS/LINKS

7.1 What information is collected from the User? How does Company deal with the information provided to it by a User while using Platform?

1. Company collects various types of information, some information is non-personal information and some is personal information.

2. All information about Users that are collected, stored or transmitted in any way on Platform is processed for facilitating various operations on Platform, including registration, order placement, listing, or payments.

3. For a more comprehensive understanding, Users are encouraged to view the Platform’s Privacy Policy available on the Platform.

7.2 Does the Company use Third Party tools on Platform?

1. The Company may provide User with access to third-party tools over the Platform which Company neither monitors nor has any control nor input. User acknowledges and agrees that access to such tools is on an 'as is' and 'as available' basis, without any warranties, representations or conditions of any kind and without any endorsement by Company. Company shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

2. Any use by the User of the optional tools offered through the Application/Platform is entirely at its own risk and discretion and it is the responsibility of User that it ensures that it is familiar with and approves the terms on which such tools are provided by the relevant third-party provider(s).

3. The Company may from time to time, offer new features through Platform which may include the use new third-party tools and resources. Such new features shall also be subject to this Agreement. Complaints, claims, concerns, or questions regarding third-party tools or third party websites should be directed to the third-party.

7.3 Does Company use third party links or third party tools on Platform? Are these links and tools accurate and secure?

1. Certain content or products available via the Platform may include materials from third-parties. Third-party links on the Application/Platform may direct User to third-party websites that are not affiliated with the Company. The Company is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

2. Company is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites regardless of the existence of any third party link on Platform. Please review carefully such third-party’s policies and practices and make sure to understand them before engaging in any transactions.

8. INTELLECTUAL PROPERTY (IP) AND IP INFRINGEMENT

8.1 Can User use the content published on Platform such as "Bizztm" mark when doing business with other parties?

1. Users may not use any trademark, service mark or logo of any independent third parties without prior written approval from such parties.

2. "Bizztm" and related icons and logos whether registered or unregistered are the trademarks of the Company and are protected under applicable copyright, trademark and other proprietary and intellectual property laws. Users’ unauthorized adoption copying, modification, use or publication of these marks is strictly prohibited.

3. Users must not modify the paper or digital copies of any materials printed or downloaded in any way, and they must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

4. Users must not use any part of the materials on Platform for commercial purposes without obtaining a licence to do so from Company. All rights, not otherwise claimed under this Agreement by Company are hereby reserved.

5. User understands that Platform and software embodied within Platform may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Company or other parties that facilitate the same. User agrees that it will not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded in the Platform.

8.2 How does the Company deal with IP infringement?

1. Company reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the Platform which in Company’s reasonable belief is unlawful or could subject Company to liability or is in violation of this Agreement or is otherwise found inappropriate in the Company’s opinion. Company reserves the right to cooperate with any investigation in this regard.

2. Company reserves the right to suspend or terminate the account of a User as deemed appropriate by it. Users agree that the Company shall have no liability to any Users, including liability in respect of consequential or any other damages, in the event Company takes any of the actions pursuant to allegations of IP infringement.

3. The delisting of product from Platform is to safeguard Company’s interest, by taking down a listing, Company does not and cannot be deemed to be endorsing a claim of infringement and further in those instances in which Company declines to take down a listing, Company does not and cannot be deemed to be endorsing that the listing is not infringing of third party rights or endorsing any sale or supply of merchandise or services pursuant to or on account of such listing.

4. We request you to review the Intellectual Property Policy available on the Application for more information.

9. DISCLAIMER AND LIABILITIES

9.1 What are the standard disclaimers in relation to the Platform and the Services?

1. Company, in no event, is or will be liable to User including anyone claiming through a User in respect of product or other User Transaction under contract, negligence, strict liability or other legal or equitable theory for any special, incidental, indirect, consequential, exemplary or punitive damages, loss of goodwill, loss of revenue, loss of opportunity, loss of anticipated profits, whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty or negligence or any other claim arising out of or in connection with the use of or access of Platform.

2. Company shall not be liable for: any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation any financial losses, loss of data, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from the use of Platform, or for any other claim related in any way to the use of the Application, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Application/Platform or any content posted, transmitted, or otherwise made available via the Application/Platform, even if advised of their possibility.

3. Users shall be solely responsible for damages, if any, to their data system or for loss of data arising from download of content from Platform. No guidance or information, written or oral, obtained from Company or via the Platform, shall constitute any warranty, unless stated otherwise.

9.2 What are the disclaimers regarding advertisements (including any information or offer thereunder) contained on, distributed through, or linked, downloaded or accessed from Platform (“Advertisements”)?

a. Advertisements in Platform are intended, solely to provide general information for the personal use of the user(s). The Company does not represent, warrant or endorse in any manner the accuracy or reliability of the Advertisements. The Company accepts no responsibility or liability in relation to the Advertisements including without limitation on account of your use or reliance placed by you on such Subject Information.
 

b.The Advertisements on the Platform are advertised / displayed at the behest of the advertisers. The Company does not by itself create such content and neither does it exercise any control over the content that is displayed by the advertisers. The advertisers are third parties over which Bizztm does not have any direct or indirect control. The Company does not make any representation, warranty, recommendation, guarantee in respect of the content of the Advertisements as well as its subject matter and the products/services being advertised (including without limitation with respect to suitability, merchantability, reliability, availability or quality of the product/service) nor does the Company implicitly or explicitly support or endorse the sale or purchase of any products/services which are subject matter of the advertisements or are referred therein. The Company accepts no liability for any error, inaccuracy or omission of third parties and advertisers in this regard.

 

c. The correspondence or business dealings of Users with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such advertiser. The Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.

 

d. In the event, a link is displayed on the Advertisement and if you select to click on a link which leaves Platform, you will be redirected to a third-party website that is not owned, operated, or controlled by The Company or its affiliates. The link is provided solely for the convenience of the User and may assist the User in locating other useful information on the internet. The third-party website is governed exclusively by its respective policies over which we have no control. You bear the sole risk in proceeding to access the contents, products/services of the third-party website and links provided therein.

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e. The User shall not hold the Company responsible and the Company disclaims any liabilities, losses, damages, expenses, claims or injury arising out of or in connection with: (i) the advertisements displayed on Platform; (ii) contents of the Advertisement; (iii) representations and statements made by the advertiser; (iv) subject matter of the Advertisements and the products/services referred thereunder (including without limitation on account of suitability, merchantability, reliability, availability or quality of the product/service); and/or (v) Advertisement being misleading and/or not in compliance with applicable laws.

9.3 What happens to User order in case of a lockdown or other force majeure event?

1. Company shall not be liable for any damages whatsoever arising out of force majeure or other similar circumstances, directly or indirectly affecting Company and/or the Platform. Examples of force majeure events include without limitation real or potential labour disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, epidemic or pandemic, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network.

2. Force majeure or other events beyond the Company’s control, hindrance, delay or complication in the maintenance of the Platform entitles the Company to suspend or limit the Platform until further notice.

9.4 Under what circumstances may User be liable for any damages to Company?

1. User shall indemnify, defend, and hold harmless Company and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, interns and employees, from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs, and expenses (including legal and statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Company that arise out of, result from, or in connection with:

1. User’s breach of this Agreement;

2. the User’s violation of any rights of another, including intellectual property rights; and

3. the User’s violation of any applicable laws.

10. COMMUNICATION

10.1 How to contact Company in case of any queries regarding this Agreement or grievances relating to Platform?

1. All queries, concerns or questions about the Agreement should be sent to Company at support@bizztm.com or the contact number stated on the website and the mobile Application. Any complaints or concerns with regard to the Platform or any breach of this Agreement can be directed to the company in writing at the following address: First Floor, Plot no.17, Sector 28, Gurgaon, 122002

10.2 How will the Company contact User?

1. All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by User(s) on the Platform, or by posting such notice or demand on an area of the Platform that is publicly accessible.

2. Notice to a User(s) shall be deemed to be received by such User(s) if and either when sent to User at the address, email or other communication details provided by such User at the time of registration, whether in physical or electronic form, has been sent to such User(s), or immediately upon publishing of such notice on an area of the Platform that is publicly accessible.

10.3 In case of a call from a person asking for access to User account registered with Company, what should User do?

1. Company urges the users to beware of fake offers and fraudulent callers/messengers who may impersonate themselves as representatives of the Company. The Company’s authorised representatives will never contact the Users to demand money for prizes or ask for password/PIN/CVV. In the event you are asked for confidential details by anyone posing as the Company’s representatives, please ask them to communicate with you through email and only respond to emails from Bizztm.com domain. Please see our Anti Phishing communication available on the Platform.

10.4 Can User disclose its communication through calls with the Company to third parties?

a.   All calls to the Company are completely confidential. However, the Users’ calls may be recorded to ensure quality of service. Further, for training purpose and to ensure excellent customer service, calls from the Company may be monitored and recorded.

11. MISCELLANEOUS PROVISIONS APPLICABLE TO AGREEMENT

1. This Agreement is governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Agreement or the Platform shall be subject to the jurisdiction of the courts at Bangalore, India.

2. Company shall have the right to assign its obligations and duties in this Agreement to any person or entity.

3. The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

4. Platform is controlled and operated from India and Company makes no representation that the content, information or materials made available herein are appropriate or will be available for use in other locations. Access and use of this Platform from outside India is entirely at User's sole risk and User agrees and undertakes to be responsible for compliance with all applicable local laws and agrees to release, discharge and absolve Company from any liability or loss in this respect.

5. Company reserves the right to introduce and initiate new features, functionalities and components to Platform and/or change, alter, modify, suspend, discontinue or remove the existing ones without any prior notice to you. Further, Company is entitled to discontinue (either permanently or temporarily) one or more of the Services provided or terminate the Platform or charge for Service which were early free of cost, without any prior notice to User.

 

12. RETURN & REFUND POLICY

 

Returns, refund and exchange policy gives you an option to return, or  cancel items purchased on the Platform, for any reason within the specified return period, as detailed on the product details page. However, the return/exchange shall be eligible for products that are in good condition, as may be determined by Bizztm. 

 

12.1 What can I return?

 

You may request returns for most items you buy from Bizztm that are within the return window. However, products that are explicitly identified as ‘not returnable’ on the product detail page cannot be returned. Products which are identified as ‘returnable’ are eligible for return with the conditions as specified in the product description page and this policy. All returns are subject to the details provided in the product description page and other Sections of this policy.

 

However, if you receive a damaged/defective/wrong product, you will still be allowed to initiate return the product.The condition of the product must be same as it was delivered.

 

In case you have purchased a product with which a free product is delivered, and you raise a request for return the main product, you will have to return the free product as well. Further, a product which forms a part of a package of other products, you must return all products that form part of the package to process the refund.

 

In circumstances where you return an extra or a different product, Bizztm will not be accountable for misplacement or replacement of such product and will not be responsible for its delivery back to you.

 

12.2 Will my return be free of cost?

 

If your request fulfill the return policy then return of the product will be free of cost.

 

12.3 How to return items?

You can return the products purchased on the Platform within the specified return period provided on the product description page.

For initiating return request, Pls email us at support@bizztm.com or call us at 01142246633.Once a return request is raised, Bizztm shall analyse the request and accordingly process the request internally. All return claims shall be subject to Bizztm’s discretion.

In case you purchase multiple products in a single order, return requests for individual items can also be raised.

If you have scheduled a pick – up for returning the product, please keep the items ready to be picked up by the delivery partners. Please keep the product in the original packaging, all tags should be intact and warranty card, if any, should also be placed with the product.
 

At the time of pick up, our delivery partner may conduct a quality check on the product to ensure the product meets the criteria specified under return guidelines. If the product fails such a quality check, the product shall not be returned, and no refund shall be made against such product. 
 

Please note that the product will be picked up from the same address where delivery was made. In case pick up is to be made from a different address, the same should be notified to Bizztm by writing to support@Bizztm.com. Such request may be accepted at Bizztm’s sole discretion and subject to the new address being in serviceable area.
 

Further, on receipt of returned product, the product shall undergo a quality check. If the product returned in an acceptable condition, as determined by Bizztm at its sole discretion, the refund shall be initiated, otherwise the product will be re-shipped to you, at your cost, and no refund/exchange shall be initiated.

 

13. CANCELLATION POLICY

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13.1 How can I cancel my order?

 

Go to Orders section in side menu and click on order you want to cancel and click on Cancel. Cancellation is not allowed If the order has been shipped.

 

13.2 Why was my order cancelled?

 

If you cancel your order,the status would show as Order Cancelled. In rare cases,If BizzTM cancels your order,cancellation reason will be mention on order details. If you made the prepayment,we will refund your money back.

 

13.3 Can I cancel my order anytime before delivery?

 

Yes,Go to Orders section in side menu and click on order you want to cancel and click on Cancel. Cancellation is not allowed If the order has been shipped.

 

13.4 Can I cancel part of my order?

 

Yes,If you placed an order with many Items,You can cancel delivery for each of them. but if it is part of combo with another item,the entire combo will be cancelled.Go to Orders section in side menu and click on order you want to cancel and click on Cancel. Cancellation is not allowed If the order has been shipped.

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