Terms of Service

Terms of Service

GENERAL

This document is an electronic record in terms of the Information Technology Act, 2000 and governs thereby subject to the relevant provisions and provisions relating to electronic records in various regulations as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and doesn’t require any physical or digital signatures.

This document is published in accordance with the provisions of Act 3 (1) of Information Technology (Intermediaries guidelines) Rules, 2011 which requires the publication of rules and regulations, privacy policy and Terms and Conditions for access to and use of www.thebejo.com.

The website www.thebejo.com ("Website") is owned and operated by Attic Creations ("Company", "Bejo"), and with its registered office at 46, Panchwati, opp. Nazar Bagh, Udaipur – 313001, Rajasthan, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.

For the purposes of these Terms and Conditions (“Terms”), wherever the context so requires,

The term 'You' 'Your' & 'User' shall mean any legal person or entity who accesses or uses the services or purchases of Products provided on this Website.
The words ‘We’, ‘Us’ and ‘Our’ shall mean the Website and/or Company, as required by context.
The term ‘Products’ shall refer to those items on the list for sale on the Website by the Company.
The term "User Content" shall mean and refer to any information you provide as a Registered User on the Website.
The terms ‘Party’ and ‘Parties’ respectively will be used to refer to the User and the Company individually and collectively, as required by context.

The headings of each section of this Terms are intended solely for the purpose of arranging the various provisions under these Terms in an orderly manner, and may not be used by any Party to interpret the terms contained herein by any means. In addition, the Parties explicitly agree that the titles will not have a legal or contractual value.

The Use of the Website by User is governed by these Terms and Conditions and Privacy Policy and any changes or amendments made by the Company from time to time, at its discretion. Visiting the homepage of the Website and / or using any of the services provided on the Website by User will be construed as expressing acceptance of these Terms and Privacy Policy, and User expressly agrees to be bound by that. The User expressly agrees that the Terms and Conditions and Privacy Policy are co-terminus, and that the expiration/termination of any of them will result in termination of another, otherwise as provided in Section 3 below.

The User expressly agrees that these Terms and the Policy above constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the Rules, Guidelines, Policies, Terms and Conditions that apply to any Service that is provided by the Website, and the same shall be deemed to be included in these Terms, and shall be treated as part and parcel of the same. User acknowledges and agrees that no signature or express act is required to make these Terms and Policy binding on User, and User's act of visiting any part of the Website is User's complete and final representation of acceptance to these Terms and Privacy Policy.

The Company reserves the exclusive right to modify or amend these Terms without prior permission or notice to the User, and User expressly agrees that any of these amendments or changes will take effect immediately. The user is responsible for checking the terms from time to time and staying informed on its requirements. If the User continues to use the Website after such changes, User will be deemed to have accepted any and all amendments / changes made to the Terms. As long as the User complies with these Terms, he/she is entitled to a personal, non-transferable, revocable, limited access to enter and use the Website.

ELIGIBILITY
The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use this Website if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.

TERM
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until:

The User continues to access and use the Website; or
The Transaction between the Parties, if any, concludes to the satisfaction of both Parties; Whichever is longer.

TERMINATION

The Company reserves the right, in its sole discretion, to limit user access to the products offered on the Website, or any part thereof, at any time, without notice or reason. The User will continue to be bound by these Terms, and the Parties shall expressly agree that the User shall not be entitled to terminate these Terms until the expiry of the same.

USER INFORMATION AND REGISTRATION

In order to fully access the Website's services and purchase Products from it, registration is required. To buy Products on this Website, You need to register by providing the following information which includes, among other things, Name, Gender, Date of Birth, Username, Password, Email ID, Mobile Number, Shipping Address. Users registered with Bejo may purchase Products listed on the Website.

The Website offers Users an option to sign up through other third-party social networking sites, including but not limited to Facebook, Gmail, Twitter, LinkedIn and Yahoo. Upon such registration, our servers gain access to information about You through Your social network account, including but not limited to Your profile, name, gender, date of birth and all such information is stored in our system. Users who do not want to register with us can also go out as a guest and purchase Products.

The information collected about you is subject to our Privacy Policy, which is included in these Terms and Conditions for reference. Users can invite their contacts on email providers and social networks to use the Website. Users can share Pilotrides information on third-party platforms such as Twitter, Facebook.

Registration for this website is only available to those over the age of 18, barring those "Incompetent to Contract" which among other things include insolvents. If you are a minor and wish to use the Website, you may do so through your legal guardian and Company. We reserve the right to terminate Your account with the information that you are a child and You having registered on the Website or to use any of its services. In addition, at any time during your use of this Website, including but not limited to registration time, You are solely responsible for protecting the privacy of your username and password, and any activity under the account will be treated as Yours. In the event that you provide us with false and/or incorrect information or we have reason to believe that you have done so, we reserve the right to suspend your account permanently.

COMMUNICATION

By using this Website, and providing your contact information to Company through the Website, User acknowledges and agrees to receive calls, automated calls and/or pre-recorded messages, emails and SMS from the Company and/or any agents or partners at any time, subject to the Privacy Policy. In the event that the User wishes to stop receiving any such marketing or advertising calls/email messages/text messages, the User may send an email to thebejoindia@gmail.com entitled [Stop Promotions]. User agrees and acknowledges that it may take 5 (five) business days for the Company to process such a User request.

The User expressly acknowledges that in addition to any of the above, he or she may be contacted by the Company or any of its affiliates/partners in connection with any User Services available on the Website and in connection therewith.

It is expressly agreed by Parties that any information shared by User with Company shall be governed by the Policy.

PAYMENTS

Website browsing by User is free. User is only required to pay for Products purchased from the Website. Product Prices will be as specified in the active list. The total amount paid for Products will be displayed on the exit page, which will include all taxes and shipping and handling costs.

METHODS OF PAYMENT

After the User has verified the Products he or she wishes to purchase, the User will be asked for his contact information, as well as information related to the payment of the transaction. To process such transactions, we use electronic payment processors or service providers (ESPs). As required, you permanently authorize us to instruct such ESPs to handle Account deposits and withdraw funds from your account. And you agree permanently that in accordance with your requests as submitted, we may provide you with such instructions. You agree to be sure of the terms and conditions of use of each applicable ESP. In the event of a conflict between these agreements and the terms and conditions of the ESP, these agreements will apply.

The company accepts payment methods as follows:

Domestic and international credit cards issued by banks and institutions that are part of Visa, Master card & Amex Card;
Visa Debit Cards issued by Domestic banks and those accepted by ESP;
Net Banking / Direct Debit Payments from Selected Banks in India;
Cash on Delivery;

As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa and MasterCard you will required to submit your 16-digit credit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) when you make your online transaction using your Credit or Debit card. You should also have enrolled your Credit Card with VBV (Verified by Visa), MSC (MasterCard Secure Code) to complete the transaction.

To place a valid order on the Website, the User is required to complete the transaction, including making payment for the Product opted for. Once the payment transaction has been successfully completed, the User’s order will be processed on receipt of the funds from the User’s bank or credit card Partnership. It is at this stage that the User’s order is successfully placed. Thereafter, the Products purchased by the User will be activated based on successful completion of verification of information furnished by the user. The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favour of Attic Creations. The User is further aware that in case of third-party statements, including bank and credit card statements, the merchant's name may appear in an abbreviated format, and the Company has no control over the same. By placing an order on the site, the User expressly agrees to the terms and conditions and payment policy published in the appropriate section of the Website, or affiliated Websites where reference to such affiliated websites has been specifically made. However, subject to development of the mode of payment the payment gateway might change.

SECURITY

Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company/Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.

PRODUCT AVAILABILITY

Due to short interruption of supply or popularity, some items may be unavailable or out of stock. Also at present, only selected goods from our collections are available for online orders. We intend to extend this in future to a much wider range. Some items may require self-assembly. It may be necessary to make changes to product specifications. The Company reserves the right to make any changes to any of the products at any time and can do so without giving any prior notice to any of the Users.

USER OBLIGATIONS

User:

agrees that they are solely responsible to the Company and any third-party for any breach of Your obligations under the Terms and Conditions and the consequences (including any loss or damage the Company or its subsidiaries or employees may suffer for any such breach).
acknowledges that Bejo may, at any time, modify or suspend all or part of the Website, charge, modify or waive any fees required to use the Website, or provide opportunities for other or all Website Users.
agrees to provide accurate and correct credit/debit card details at the approved payment gateway for availing Services available on the Website. You must not use a credit / debit card, which is not legally yours, that is, in any transaction, you must use your own credit / debit card.
agrees to use the Website and the Products provided only for the purposes permitted: (a) Terms and Conditions; and (b) any applicable law, regulation or procedures or guidelines generally accepted in appropriate jurisdictions.
agrees to show valid proof of ID and ID number in order to collect goods delivered by a logistics partner.

agrees and understands that all purchases made on the Website are made in accordance with the shipping contract which means the risk of loss and the title of these items passes to you when we deliver them to the carrier.
agrees that he hereby grants rights to Bejo to use its Intellectual Property on the Website in relation to the requirements and Content posted by the User(s) on www.thebejo.com.
acknowledges that the quality of any prints we produce depends on the quality of the original digital photos or image files.

RESTRICTED USE

The User agrees and acknowledges that he/she is a restricted user of this Website, and that he/she:

is bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. Any such use / limited use of the Website will only be allowed with the prior express written permission of the Company. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information contained on the Website is expressly prohibited.
agrees not to access (or attempt to access) the Website and/or the materials or services by any means other than through the interface provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website will lead to suspension or termination of the User’s access to the Website, as detailed in Section 14 hereinbelow. The User acknowledges and agrees that by accessing or using the Website or any of the services provided therein, he/she may be exposed to content that he/she may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the Website. The User expressly agrees and acknowledges that the Products displayed on the Website are not owned by the Company/Website, and that the same are the exclusive property of certain third parties who have chosen to market their Products through the Company’s Website, and that the Company/Website is in no way responsible for the content of the same. The User may however report any such offensive or objectionable content, which the Company may then remove from the Website, at its sole discretion.
In places where Website permits the User to post or upload data/information, the User undertakes to ensure that such material is not offensive or objectionable, and is in accordance with applicable laws. The User expressly agrees that any such material that is deemed to be objectionable/offensive may be removed from the Website immediately and without notice, and further that the User’s access to the Website may also be permanently revoked, at the sole discretion of the Company.
Further undertakes not to:

Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
Engage in any activity that interferes with or disrupts access to the Website or the services provided therein (or the servers and networks which are connected to the Website);
Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever under any law, rule or regulation currently in force; 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;
Post any image/file/data that infringes the copyright, patent or trademark of another person or legal entity;

Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website;
Download any file posted/uploaded by another user of the Website that the User is aware of, or should reasonably be aware, cannot be legally distributed in such a manner;
Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. The User may not reverse look-up, trace or seek to trace any information relating to any other user of, or visitor to, the Website, or any other User of the Website, including any user account maintained on the Website not operated/managed by the User, or exploit the Website or information made available or offered by or through the Website, in any manner;
Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites/Application or any affiliated or linked Websites;
Collect or store data about other users of the Website.

Use the Website or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or any other third-party(ies);
Violate any code of conduct or guideline which may be applicable for or to any particular Product offered on the Website;
Violate any applicable laws, rules or regulations currently in force within or outside India;
Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise;
Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.

Publish, post, or disseminate information that is false, inaccurate or misleading;
Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the 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.
Commit any act that causes the Company to lose (in whole or in part) the services of its internet service provider ("ISP") or in any manner disrupts the services of any other supplier/service provider of the Company/Website;
Engage in advertising to, or solicitation of, other users of the Website to buy or sell any Products not currently displayed on the Website. The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other users via the Website or through any other internet-based platform infringing the reputation of the company or its Products. It shall be a violation of these Terms to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another user of the Website without the express prior written consent of the Company.

The User expressly understands and agrees with the following.

In order to generally use and browse through the Website, You need not be a Registered User. However, certain parts or sections of the Website demand you to register. If registration is required, You agree to provide us with accurate and complete registration information.
It is the sole responsibility of the user to inform Company of any changes to that information.
Each registration is for a single individual only, unless specifically designated otherwise on the registration page.
You are responsible for maintaining the confidentiality of your account credentials.
You shall be responsible for all uses of your account, whether or not authorized by You. You agree to immediately notify us of any unauthorized access or use of Your account or password.

When a user registers on the Website, You will be asked to provide us with certain information including, without limitation, Your name, username, contact number, date of birth, gender, and a valid email address.
Any attempt by the User to use fake/stolen Credit and Debit Cards will result in the blocking of the User’s account by the Company.
In addition to these Terms and Conditions, You understand and agree that We may collect and disclose certain information about You to third parties. In order to understand how We collect and use your information, please visit our Privacy Policy.

The User hereby expressly authorizes the Company/Website to disclose any and all information relating to the User in the possession of the Company/Website to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft / infringement of intellectual property. The User further understands that the Company/Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website) as necessary to satisfy any judicial order, law, regulation or valid governmental request.

The User expressly agrees and acknowledges that the Company/Website has no obligation to monitor the materials posted on the Website, but that it has the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, the User remains solely responsible for the content of the materials posted on the Website by him/her. In no event shall the Company/Website assume or be deemed to have any responsibility or liability for any content posted, or for any claims, damages or losses resulting from use of any such content and/or the appearance of any content on the Website. The User hereby represents and warrants that he/she has all necessary rights in and to all content provided as well as all information contained therein, and that such content does not infringe any proprietary or other rights of any third-party(ies), nor does it contain any libelous, tortuous, or otherwise unlawful or offensive material, and the User hereby accepts full responsibility for any consequences that may arise due to the publishing of any such material on the Website.

COMMUNICATION WITH USER

When a user or customer decides to contact the Company they may do so by telephone or e-mail and provide permission for the Company to contact the customer. The company will send out notifications to consumers via email, an SMS notification feature to notify them of current promotional offers and discounts. User / Consumer will contact the Company with any Product related queries by phone or email.

USER ACCESS AND ACTIVITY

Notwithstanding any other legal remedies available to it, the Company may in its sole discretion restrict User’s access by promptly removing User access credentials temporarily or indefinitely, or suspending/terminating User membership, and/or refuse to provide the User with access to the Website, without being required to provide the User with a notice or reason:

If the User violates any of these Terms and Conditions;
If User provided incorrect, incorrect, incomplete or inaccurate information;
If User's actions are likely to cause any harm, damage or loss to other users or to the Website / Company, at the sole discretion of the Company.

INDEMNITY

The User hereby expressly agrees to defend, indemnify and hold harmless the Website and the Company, its parent, subsidiaries, affiliates, employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the User's actions or inactions, including but not limited to any warranties, representations or undertakings, or in relation to the non-fulfilment of any of the User’s obligations under this Agreement, or arising out of the User's infringement of any applicable laws, rules and regulations, including but not limited to infringement of intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, or the infringement of any other rights of a third-party.

In no event shall the Company/Website be liable to compensate the User or any third-party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/Website had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Website and/or the Products or materials contained therein.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise agreed, no content herein may give User the right to use any of the Website brand names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other unique brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, materials, designs, and images created and enhanced by the Website and other unique brand features of the Website are the property of the Company. In addition, with respect to the Website created by the Company, the Company shall be the sole proprietor of all designs, graphics and the like, related to the Website.

The User may not use any intellectual property displayed on the Website in any way that may cause confusion among existing or potential users of the Website, or in any way to defame or degrade the Company / Website, to be determined in the sole discretion of the Company.

The User is aware that the Product sold are creations of their respective owners, and all intellectual property, including but not limited to copyrights, relating to said Products resides with the said owners, and that at no point does any such intellectual property stand transferred from the aforementioned owners to the User. The Company owns all the products listed on the website and owns all the rights to the products.

Copyright and any other intellectual property rights that subsist or later be subsisting in all Products or other material manufactured by the Company or readable by persons or machines shall be wholly owned by Bejo and shall not be reproduced or disclosed or used in their original form or translated form by User without the written permission of the owners or of the Website for any purpose other than that provided to them.

The Website does not accept responsibility for the accuracy and authenticity of the graphics, patterns or specifications of the Products. The User shall indemnify the Company against all claims whatsoever for damages and costs and against all liability in respect of any infringement of patent or other intellectual property rights resulting from compliance with the User’s instructions express or implied and the User will fully indemnify Bejo against any liability in respect thereof and shall pay all costs and expenses which may be incurred by Bejo in reference to any such claim.

We at Bejo respect the intellectual property of others. In case you feel that your work has been copied in a way that includes copyright infringement you can write to us at thebejoindia@gmail.com. The User is also aware that any reproduction or infringement of intellectual property rights by the User mentioned above will result in legal action against the User by the appropriate owners of the copyrighted/infringed property. Parties agree that the content of this Section will be valid even after the termination or expiration of the Terms and Conditions and/or Privacy Policy.

INTELLECTUAL PROPERTY COMPLAINTS

We respect the intellectual property of others. If You believe Your work has been copied in a way that constitutes infringement or are aware of any infringing material on the Application, you can report the infringement by clicking the Report option on the Application and by emailing us at thebejoindia@gmail.com and by providing the following:

A statement that you have identified Content on the Platform that infringes your copyright or the copyright of a third-party on whose behalf you are entitled to act;

A description of the copyright work that you claim has been infringed;
A description of the Content that you claim is infringing and details of where on the Platform the Content that you claim is infringing may be found;
Your contact information including your full name, address and telephone number and a valid email address on which you can be contacted;
A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law;
A statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
your electronic or physical signature (which may be a scanned copy).

By providing information to, communicating with, and/or placing material on, the Application, including for example but not limited to, communication during any registration and communication on the bulletin board, message or chat area, You represent and warrant:

You own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in this Terms of Service;
all information You provide is true, accurate, current and complete, and does not violate these Terms of Service; and,
the information and Content shall not cause injury to any person or entity. Using a name other than your own legal name is prohibited (except in those specific areas of the Application that specifically ask for unique, fictitious names such as, inter alia certain message boards and chat rooms).

For all such information and material, you grant us, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across all our affiliated Applications, to include the information in a searchable format accessible by users of the Application and other affiliated Applications, and to use your name and any other information in connection with its use of the material you provide. You also grant the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES

All commercial/contractual terms are offered by and agreed between the User and the Company alone. The commercial/contractual terms include without limitation, price, shipping costs, payment methods, payment terms, date, period and mode of delivery, and other services related to Products.
We reserve the right, but are not obligated to limit the sale of our products or services to any other person, place or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All product descriptions or product prices may change at any time without notice, at the sole discretion of Us. We reserve the right to discontinue any product at any time.
Except as otherwise described on the Website, all Products offered on the Website are provided “as is” without warranty whatsoever, express or implied.
All works are designs other than those that have been clearly marked as reproductions, or prints are designs and have been certified so by the designer and are so certified by Bejo in good faith. However, in case it comes to light that a certain work of art is a copy of another existing design, Bejo disclaims any liability for the same.
User understands and agrees that Bejo uses sensible marketing efforts to display design colors, digital works and printed works accurately via the Website and Services. However, because individual computer monitors may display colors differently, Bejo is not responsible for the color accuracy of any products displayed on the Site and Services, and disclaims all liability for this.
The User acknowledges and undertakes that he or she is accessing the Website and transacting at his / her sole risk and that he or she uses his / her good and prudent judgment before purchasing any Product listed on the Website, or accessing / using any information displayed in this regard.
The Website and the Company accepts no liability for any errors or omissions, whether on behalf of itself, its agents or third-parties, or for any damage caused to the User, the User’s belongings, or any third-party, resulting from the use or misuse of any Product purchased or service availed of by the User from the Website.
The user is solely responsible for the security and confidentiality of his / her credit / debit card information. The Company expressly disclaims any liability that may arise as a result of any unauthorized use of your credit / debit card.
The Company/Website shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by Bejo with our acquiring bank from time to time.
It is further agreed to by the Parties that the contents of this Section will be valid even after the termination or expiration of the Terms and Conditions and / or Privacy Policy.

SUBMISSIONS

If any User uploads any Content or Design on the Website, he/she shall hereby appoint Bejo as an independent non-exclusive reseller with the right to resell such Content or Design through the Site and Services and you hereby grant Bejo a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to: (i) use, reproduce, distribute, publicly perform and publicly display copies of the Content or Design Sales via Online Sales channels; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Content or Design in any form, medium or technology now known or later developed for the purpose of promoting Bejo, the Site and the Services. The User acknowledges and agrees that the foregoing license rights are granted on a royalty-free basis.

The User hereby represents and warrants that he/she owns or otherwise controls all of the rights to the content contributed to the Website, and that use of such content by the Company/Website does not infringe upon or violate the rights of any third-party. In the event of any action initiated against the Company/Website by any such affected third-party, the User hereby expressly agrees to indemnify and hold harmless the Company/Website, for its use of any such information provided to it by the User. The Company reserves the right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.

FORCE MAJEURE

The Company or the Website shall not be liable for any damages or delay or failure to perform its obligations hereunder it the delay or failure is due to reason beyond its control or without its error or negligence, due to Force Majeure incidents including but not limited to acts of war, acts of God, earthquakes, riots, vandalism, staff shortages or conflicts, internet disruptions, technological failures, hacking, piracy, cheating, illegal or unauthorized.

DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising herefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and Conditions and/or Privacy Policy.
Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed hereinbelow;
Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Udaipur in the state of Rajasthan, India.
The Parties expressly agree that the Terms and Conditions, Privacy Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Rajasthan shall have exclusive jurisdiction over any disputes arising between the Parties.

NOTICES

Any and all communications relating to any dispute or complaint experienced by the User may be forwarded to the Company by the User reducing the same to writing, and sending the same to the Company's registered office via Registered Post Acknowledgement Due / Speed Post Acknowledgement Due. (RPAD / SPAD).

Miscellaneous Provisions

Entire Agreement: These Terms and Conditions, read with the Privacy Policy form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto;

Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.

SHOPPING CART

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