By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by the Bevu Privacy Policy
This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.bevu.in website.
This site (the "Site")is owned and operated by Bevu Health and Wellness Farms Pvt Ltd ("we" or "us",a company incorporated under the Companies Act, 1956 with its registered office at No. 10 Coconut Garden, 1st Main, Arekere, BG Road, BLR 76) for your information, education and communication.Please feel free to browse the Site; however, your access and use of the Site is subjected to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing this Site, you accept, without limitation or qualification, the Terms and Conditions. If you do not agree with any of the below Terms and Conditions, do not use this Site. We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms and Conditions at any time and you agree to be bound by such modifications, alterations or updates.
For the purpose of these Terms of Use, wherever the context so requires ‘You’ or “User” or “Buyer”shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. Bevu allows User to surf the Website or making purchases without registering on the Website. The term “we”, “us”, “our” shall mean Bevu Health and Wellness Farms Pvt Ltd.
Intellectual Property Rights
All material on this Site ("Material"), including but not limited to text, images, illustrations, etc. are protected by copyrights which are owned and controlled by us or by other parties that have licensed their material to us. Material from the Site or any website owned, operated, licensed or controlled by us may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Specifically, you should not attempt to "pass off" any of the Material as your own work. Modification of the Material or use of the Material for any other purpose is a violation of the copyrights and other proprietary rights. For purposes of these Terms and Conditions, the use of any material on any other website or networked computer environment is prohibited. The trademarks, logos and service marks ("Marks") displayed on the Site are our property and the property of other parties. Users are prohibited from using any Marks without our written permission or third parties, which may own the Marks.
Linked Sites
We may provide links and pointers to Internet sites maintained by others ("Third Party Sites"). We are not responsible for the contents of or any products or services offered in such Third Party Sites.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE MATERIAL OR THE SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE SHALL HAVE ABSOLUTELY NO LIABILITY IN CONNECTION WITH THE SERVICES INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGE OR INJURY TO YOU OR DAMAGE TO YOUR COMPUTER HARDWARE, DATA, INFORMATION, AND BUSINESS RESULTING FROM THE MATERIAL OR THE LACK OF INFORMATION AVAILABLE ON THE SITE. ADDITIONALLY, WE SHALL HAVE NO LIABILITY FOR:
- ANY LOSS OR INJURY CAUSED, IN WHOLE OR IN PART, BY OUR ACTIONS, OMISSIONS, OR NEGLIGENCE, IN PROCURING, COMPILING, OR DELIVERING THE MATERIAL;
- ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE MATERIAL REGARDLESS OF HOW CAUSED, OR DELAYS OR INTERRUPTIONS IN DELIVERY OF THE MATERIAL; OR
- ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON THE MATERIAL FURNISHED AT THIS SITE.
We make no warranty, representation or guarantee as to the content, sequence, accuracy, timeliness or completeness of the Material or that the Material may be relied upon for any reason. We make no warranty, representation or guaranty that the Material will be uninterrupted or error free or that any defects can be corrected. For purposes of this section, "we" shall include Bevu Health and Wellness Farms Pvt Ltd, and its subsidiaries, successors, and their respective employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.
All the Products sold on Website are governed by different state laws and if We are unable to deliver such Products due to implications of different state laws, We will return or will give credit for the amount (if any) received in advance by us from the sale of such Product that could not be delivered to You.
You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by us via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates. We will use your personal information to initiate periodic promotional phone calls or SMS.
Limitation of Liability
Under no circumstances shall we be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the Material, or from the use of the Internet generally.
Your use and browsing of the Site is at your risk. You should not rely on any of the Material and instead should seek other opinions before taking any action or determining not to take any action, which could lead to injury, harm or damage of any kind. Please do not rely upon information provided in this website as "medical advice". This website is not a substitute for a doctor or medical consultancy of any sort. For purposes of this section, "we" shall include Bevu Health and Wellness Farms Pvt Ltd, and its subsidiaries, successors, shareholders, and their respective employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.
Limitation of Remedy
If you are damaged or injured by any of the Material contained in the Site, or you are dissatisfied with the Site or Material for any reason, then your sole and exclusive remedy is to discontinue accessing and using the Site.
Jurisdictional Issues
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. The Site is controlled and operated by us from our offices in Bangalore, India. We make no representation that Material in the Site is appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This agreement shall be governed by, construed and enforced solely in accordance with the laws of the India and the courts at Bangalore shall have exclusive jurisdiction in this regard. This is the entire agreement between the parties relating to the matters contained herein.
Termination
This agreement will terminate immediately without notice from us if in our sole discretion you fail to comply with any term or provision of this Agreement. Upon termination, you must destroy all materials obtained from this Site and all copies thereof, whether made under the terms of this Agreement or otherwise. In the event of termination, the disclaimers of warranties and limitations of liabilities, damages and remedies set forth in this Agreement shall survive.
Other
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. We may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
Membership Eligibility
Use of the Site/Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site/Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Bevu and shall not transact or use website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Bevu reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Bevu’s notice or if it is discovered that you are under the age of 18 years.
Your Account and Registration Obligations
By using the Website, You shall be responsible for maintaining the confidentiality of your Login Name and Password, and You shall be responsible for all activities that occur under your Login Name. You agree that if any information provided by You that is inconsistent, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is inconsistent, inaccurate, not current or incomplete, or not in accordance with these Terms of Use, We reserve the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse You access to the Website.
Communications
When You use the Website or send emails or other data, information or communication to Company, You agree and understand that You are communicating with Company through electronic records and You consent to receive communications via electronic records from the Company periodically and as and when required. Company may communicate with You by email or by such other mode of communication, electronic or otherwise.
Platform for Transaction and Communication
The Website is a platform that Users utilize to meet and interact with one another for their transactions. Bevu is not and cannot be a party to or control in any manner any transaction between the Website’s Users.
Henceforward:
1. Bevu does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the items or services proposed to be sold or offered to be sold or purchased on the Website. Bevu does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. Bevu accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
2. Bevu is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Bevu cannot and does not guarantee that the concerned Buyers and Sellers will perform any transaction concluded on the Website. Bevu shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
3. Bevu does not make any representation or warranty as to the item-specifics (such as creditworthiness, identity, legal title, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment in that behalf.
4. Bevu does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
5. At no time shall Bevu hold any right, title or interest over the items nor shall Bevu have any obligations or liabilities in respect of such contract. Bevu is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, unavailable or back ordered.
6. The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell items or services. Bevu is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall Bevu hold any any right, title or interest over the items nor shall Bevu have any obligations or liabilities in respect of such contract. Bevu is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, unavailable or back ordered.
7. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other Users that you transact with.
9. You release and indemnify Bevu and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and categorically waive any claims that you may have pursuant to this under any applicable law. Notwithstanding its reasonable efforts in that behalf, Bevu cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Be cautious and practice safe trading when using the Website. There could be risks in dealing with underage persons or people acting under false identity.
Charges
Membership on the Website is free for buyers. Bevu does not charge any fee for browsing and buying on the Website. Bevu reserves the right to change its Fee Policy from time to time. In particular, Bevu may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Bevu reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Bevu Internet Private Limited.
Use of the Website
You agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles:
1. You (b)shall not be grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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.
2. You shall not use any “deep-link”, “page-scrape”, “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 any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
3. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
4. You shall not 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. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
5. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the terms Bevu, Bevu.in, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Bevu on platform or otherwise tarnish or dilute any Bevu’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Bevu’s systems or networks, or any systems or networks connected to Bevu.
6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
8. You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Bevu and / or others.
9. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service, purchase, solicitation of offers to purchase, and sale of items or services.
10. Solely to enable us to use the information You supply us with, so that we are not violating any rights You might have in your Information, You agree to grant us 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 You have in Your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.
11. You shall not engage in advertising to, or solicitation of, other users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Website. It shall be a violation of these Terms of Use 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 person. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which we deems appropriate in its sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and You hereby expressly authorize us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
12. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We 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 Website.
13. It is possible that other Users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that we are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
14. Bevu shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Contents Posted on Site
Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Bevu’s express prior written consent.
You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
You shall be responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, " Content"). Such Content will become our property and You grant us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.
Other Businesses
Bevu does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using Website’s APIs or otherwise. In addition, Website may provide links to the third party websites of our affiliated companies and certain other businesses for which, Bevu assumes no responsibility for examining or evaluating the products and services offered by them. Bevu do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Bevu does not endorses, in any way, any third party website(s) or content thereof.
Privacy
We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at http://www.bevu.in/privacy-policy.html. If You object to Your Information being transferred or used in this way please do not use Website.
Services
Payment
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
1. Lack of authorization for any transaction/s, or
2. Exceeding the preset limit mutually agreed by You and between your "Bank/s", or
3. Any payment issues arising out of the transaction, or
4. Decline of transaction for any other reason/s.
All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
Before shipping / delivering your order to you, We may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.
Further:
1. Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between You and Us and payment facility is merely used by the You and Us to facilitate the completion of the Transaction. Use of the payment facility shall not render Bevu liable or responsible for either the non–delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services as regards the products and /or services listed on Bevu’s Website.
2. You have categorically authorized Bevu or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility. Your relationship with Bevu is on a principal to principal basis and by accepting these Terms of Use you agree that Bevu is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on Bevu’s Website that are paid for by using the Payment Facility.
3. You understand, accept and agree that the payment facility provided by Bevu is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Bevu Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Bevu is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction.
4. Bevu reserves the right to impose limits on the number of Transactions or Transaction Price which Bevu may receive from on an individual Valid Credit/ Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
5. Bevu reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Bevu or breach / violation of any law or any charges imposed by Issuing Bank or breach of any policy.
6. Bevu may do such checks as it deems fit before approving the receipt of/ Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of Bevu. As a result of such check if Bevu is not satisfied with the creditability of the Buyer or genuineness of the Transaction, it will have the right to reject the receipt of / Buyers commitment to pay Transaction Price.
7. Bevu may delay notifying the payment confirmation i.e. notification to Dispatch, if Bevu deems suspicious activity or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, Bevu may hold Transaction Price and Bevu may not Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
Payment Facility for Buyers
- You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with Us to purchase the products and /or services using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to Us using Payment Facility.
- You, as a Buyer, agree with Us through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
- You, as a Buyer, shall electronically notify Payment Facility using the appropriate Bevu Website features immediately upon Delivery or non-Delivery within the time period as provided in Policies. Non notification by You of Delivery or non-Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.
- You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Website features within the stipulated time than this would make You ineligible for a refund.
- You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services
- Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received.
- For Cash On Delivery transactions, refunds, if any, will be made via cheque/NEFT in favour of the Buyer (As per registration details provided by the Buyer)
- Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
- For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (“RBI”).
- Refund shall be conditional and shall be with recourse available to Bevu in case of any misuse by Buyer.
- Refund shall be subject to Buyer complying with Policies.
Payment Terms
- Bevu shall Dispatch the products and/or services for every Transaction to the Buyer within the time period as provided in Policies to ensure that the products and/or services are delivered in a timely manner. However shipping and delivery dates are estimates only and Bevu shall not be liable for any damages or delays.
- Bevu shall Dispatch the products and/or services only using an approved delivery channel which provides appropriate ‘Proof of Dispatch’ & ‘Proof of Delivery’ documentation. Such Proof of Dispatch and Proof of Delivery (PODs) documentation relating to the Delivery will be maintained by us for a period of twelve (12) months from the date of the Dispatch.
- The Transaction Price paid by a Buyer will be remitted to Bevu’s Bank Account contingent upon the following events:
Buyer confirming the Delivery of products and/or services in the Transaction, or
Buyer not taking any action on Payment Facility to confirm Delivery within such time period as provided in Policies despite confirmation of Dispatch of products and /or services by Bevu to the Buyer.
Buyer’s refund claim is rejected by Bevu due to any breach of this Terms of Use Policies and any applicable laws.
Remittances to the Bevu for their successful transactions under Payment Facility excluding COD transactions would be in compliance with directions issued by Reserve Bank of India for opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009 (“RBI Intermediary Guidelines”). Remittance to Bevu for COD transactions shall be made through Cheque/ Demand Draft or Online Bank Transfer to Seller Bank A/c.
Express Remittance.Bevu may offer to provide the Express Remittance to Qualified Buyers. Express Remittance shall be subject to RBI Intermediary Guidelines and arrangement / directions of Nodal Bank. Bevu at its sole discretion may make such offer to Qualified Buyer and the same shall not be construed as a right but only as a privilege. Bevu reserves the right to withdraw Express Remittance at any time for any violation of the these Terms of Use or Policies and /or failure by the Buyer to maintain or comply with the parameters as may be decided by Bevu from time to time.
Compliance with Laws:
10. Bevu and Buyer shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment ) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Bevu Website.
Buyer’s arrangement with Issuing Bank:
All Valid Credit/Debit/Cash Card and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
Buy Bank
The Buy Bank ("Buy Bank") is a pre-paid payment instrument which is associated with your Website account. Bevu allows pre-approved Buyers to maintain a balance of money with us and redeem it at your convenience. Please note that a buyer signing for this service agrees that Bevu does not assume any risk, liability or responsibility with respect to buy bank money. Bevu will not pay any interest on the amount maintained by you in your buy bank.
Refill of Buy Bank: Your Buy Bank can be refilled, using any of the pre-paid payment options only. You will be able to recharge your Buy Bank up to an amount of INR10,000 in one instance. There is no need to maintain a minimum balance.
Refund of Buy Bank Amount: Your Buy Bank comprises of three types of balances – Store credit (which is a credit granted by us typically in lieu of a cancelled order), Topped-up balance (which is a prepaid amount that You added to the Buy Bank to pay for future orders on the Website) and Promotional balance (which is credit granted by us purely for promotional or goodwill purposes). Topped-up balance (prepaid amount) as well as the Promotional balance added to the Buy Bank will be non-refundable while Store credit will continue to be entirely refundable.
Limitation of Liability: In no event will Bevu will be liable for any money lying to your credit in Buy Bank, any special, incidental, indirect or consequential damages or losses of any kind, arising from the use of Buy Bank or association with the Buy Bank.
30 Day Replacement Guarantee*
The 30 Day Replacement Guarantee seeks to assist Buyers, If at the time of delivery and/or within 30 days from the date of delivery of the product/s, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from us subject to the following terms and conditions:
Notify us of any defects in the product/s at the time of delivery of the product/s and/or within 30 days from the date of delivery and the same product/s will be replaced in return of the defective product/s.
Replacement can be for the entire product/s or part/s of the product subject to availability of the same with us.
Following products shall not be eligible for return or replacement:
• Damages due to misuse of product;
• Any consumable item which has been used/installed;
• Products with tampered or missing serial/UPC numbers;
• Any product that is returned without all original packaging and accessories, including the box, manufacturer's packaging if any, and all other items originally included with the product/s delivered;
If Bevu has suspicion or knowledge, that any of its buyers are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Bevu may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the Display Name of such buyer and /or disqualify that user and any related users from availing protection through this program.
Bevu reserves its right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Bevu may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such user and/or disqualify that user and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
Breach
Without limiting other remedies, we may limit Your activity, immediately remove Your information, warn other Users of Your actions, immediately temporarily/indefinitely suspend or terminate or block Your membership, and/or refuse to provide You with access to the Website in the event, but not limited to:
1. If You breach the Terms of Use or Privacy Policy or other Policies, if any;
2. If we are unable to verify or authenticate any information You provide; or
3. If it is believed that Your actions may cause legal liability for You, other users or us.
We may at any time at our sole discretion reinstate suspended users. A user that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such user is reinstated by us. Notwithstanding the foregoing, if You breach the Terms of Use or Privacy Policy or other ruler and policies, we reserves the right to recover any amounts due and owing by You to us and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against You.
Indemnity
You shall indemnify and hold harmless Bevu, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
Applicable Law
Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Bangalore.
Trademark, Copyright and Restriction
This site is controlled and operated by Bevu and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
Trademark complaint
Bevu respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to Bevu at trademark@bevu.in
Copyright complaint
Bevu respects the intellectual property of others. In case You feel that Your work has been copied in any way that constitutes copyright infringement You can write to Bevu at copyright@bevu.in
Contact Us
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website to customercare@bevu.in
Grievance officer
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Mr. Misbah Islam
Bevu Health and Wellness Farms Pvt Ltd,
No. 10 Coconut Garden, 1st main, Arekere, BG Road, BLR 560076. Karnataka, India
Phone: +91- 080-40925708
Email: grievance.officer@Bevu.in
Time: Mon – Fri (9:00 – 18:00)
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