Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY

The following agreement captures the terms and conditions of use (hereafter referred to as “Agreement“), applicable to Your use of byftu.com (hereafter referred to as “Web Site“), which promotes business between micro- scale/ small- scale sellers and buyers globally. This is an Agreement between You as the user of the Web Site/ BYFTU’s Services and Academy of Skills Development LLP (hereafter referred to as “ASD”), carrying on business globally and managing the website by the name of www.byftu.com. The expressions “You” “Your” or “User(s)” refers to any person who accesses or uses the Web Site for any purpose.

By subscribing to or interacting with other User(s) on or entering into negotiations in respect of sale or supply of goods or services on or using the Web Site in any manner for any purpose, You undertake and agree that You have fully read, understood and accepted the Agreement.

If You do not agree to or do not wish to be bound by the Agreement, You may not access or otherwise use the Web Site in any manner.

1. WEBSITE- ONLY A MATCH- MAKING PLATFORM

The Web Site acts as a platform for connecting User(s) with other User(s) for interacting and entering into negotiations in respect thereof for sale or supply of goods or services. ASD or byftu.com are not parties to any negotiations that take place between the User(s) of the Web Site and are further not parties to any kinds of agreements including an agreement for sale or supply of goods or services or otherwise, concluded between the User(s) of the Web Site.

ASD does not control and is not liable in respect of or responsible for the quality, safety, genuineness, lawfulness or availability of the products or services offered for sale on the Web Site or the ability of the User(s) selling or supplying the goods or services to complete a sale or the ability of User(s) purchasing goods or services to complete a purchase. This agreement shall not be deemed to create any partnership, joint venture, or any other joint business relationship between ASD and any other party.

2. USER(S) ELIGIBILITY

User(s) represent and warrant that they have the right to avail or use the services provided by ASD, which includes the Web Site and the various features in relation to the use of the Web Site (hereafter referred to as “BYFTU’s Services”). BYFTU’s Services can only be availed by those individuals or business entities, including sole proprietorship firms, companies and partnerships which are authorised under applicable law to form legally binding agreements. As such, natural persons below 18 years of age and business entities or organisations that are not authorised by law to operate in India or other countries are not authorised to avail or use BYFTU’s Services.

User(s) agree to abide by the Agreement and any other rules and regulations imposed by the applicable law from time to time. ASD or the Web Site shall not be liable towards the User(s) or anyone else for any content, information or any other material transmitted over BYFTU’s Services, including any fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material. The risk of damage from such material lies completely with each User(s). The User(s) shall do its own due diligence prior to entering into any transaction with other User(s) of the website. ASD, at it’s sole discretion, reserves the right to refuse BYFTU’s Services to anyone at any time. BYFTU’s Services are not available and may not be availed or used by User(s) whose Accounts have been temporarily or indefinitely suspended by ASD.

3. USER(S) AGREEMENT

This Agreement applies to any person who accesses or uses BYFTU’s Services for any purpose. It also applies to any legal entity which might be represented by any person who accesses or uses the Web Site, under real or apparent authority. User(s) may use this Web Site and the other BYFTU’s Services only for their commercial/ business purposes.

This Agreement applies to all BYFTU’s Services, collectively with any additional terms and conditions that may be applicable in respect of any specific service used or accessed by User(s) on the Web Site. In the event of any conflict or inconsistency between any provision of this Agreement and any additional terms and conditions applicable in respect of any service offered on the Web Site, such additional terms and conditions applicable in respect of that service shall prevail over this Agreement. This Agreement shall govern the User’s usage of BYFTU’s Services and the User acknowledges that this Agreement shall supersede all or any term, agreement, contract executed between ASD and the User with respect to the usage of BYFTU’s Services.

4. AMENDMENT TO USER(S) AGREEMENT

ASD reserves the right to amend, modify, change or update the Agreement from time to time and such amended provisions of the Agreement shall come into effect immediately upon being posted on the Web Site. If You do not agree to such provisions, You must stop using the service with immediate effect. Your continuous use of the service will be considered to signify Your acceptance of the amended provisions of the Agreement.

5 INTELLECTUAL PROPERTY RIGHTS

ASD is the sole owner and the lawful licensee of all the rights to the Web Site and its content (hereafter referred to as “Web Site Content“). Web Site Content means the images, graphics, sound, video, design, layout, text etc. of, or made available on, the Web Site. The Web Site Content contains trade secrets and other intellectual property rights protected under worldwide copyright and other applicable laws pertaining to intellectual property. All title, ownership and intellectual property rights in the Web Site and the Web Site Content shall remain in ASD, its affiliates or licensor’s of the Web Site content, as the case may be.

ASD shall be protected from any claims, either by the User(s) or any third party, against the usage of any content including any information, images, graphics, sound, video, design, layout, text etc. made available on the Web Site by the User(s) and the User(s) shall be deemed to have consented to providing such content at the time of registering themselves on the Web Site or posting an advertisement through filling up of the Seller Registration Form on the Web Site.

All rights, not otherwise claimed under this Agreement by ASD, are hereby reserved. Any information or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the Web Site or any offer displayed on or in connection with any service offered on the Web Site (hereafter referred to as “Website Information“) is intended, solely to provide general information for the personal use of the User(s), who fully accept any and all responsibility and liabilities arising from and out of the use of such Information. ASD does not represent, warrant or endorse in any manner the accuracy or reliability of Website Information, or the quality of any products and/or services obtained by the User(s) as a result of any Website Information.

For any content and or link uploaded to the Website by the User from YouTube, the User agrees to abide and accepts, the terms of service of YouTube, available at https://www.youtube.com/t/terms.

The Information is provided “as is”, except with a few corrections that may be made in terms of the grammar, language and to rule out any offensive, vulgar terms. ASD does not guarantee completeness, accuracy, timeliness or the results obtained from the use of the Information, and there is no 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 the Agreement shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s). In no event shall the ASD be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to BYFTU’s Services. User(s) hereby acknowledge that any reliance upon the Information shall be at their sole risk and further understand and acknowledge that the Information has been compiled from publicly aired and published sources. ASD respects the rights of such entities and cannot be deemed to be infringing on the respective copyrights or businesses of such entities. ASD reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Information.

Trademark
“BYFTU” and related icons and logos are registered trademarks or trademarks or service marks of the ASD in various jurisdictions and are protected under applicable copyright, trademark and other proprietary and intellectual property rights laws. The unauthorized adoption, copying, modification, use or publication of these marks is strictly prohibited.
Copyright
All Web Site Content including Website Information is copyrighted to the ASD excluding any third-party content and any links to any third-party websites being made available or contained on the Web Site. User(s) may not use any trademark, service mark or logo of any independent third parties without prior written approval from such parties.

User(s) acknowledge and agree that ASD is not an arbiter or judge of disputes concerning intellectual property rights and as such cannot verify that User(s) selling or supplying merchandise or providing services on the Web Site have the right to sell the merchandise or provide the services offered by such User(s). ASD encourages User(s) to assist ASD in identifying listings on the Web Site which in the User(s) knowledge or belief infringe their rights. User(s) further acknowledge and agree that by taking down a listing, ASD does not and cannot be deemed to be endorsing a claim of infringement and further that in those instances in which ASD declines to take down a listing, ASD 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.

ASD respects the intellectual property rights of others, and we expect our User(s) to do the same. User(s) agree to not copy, download or reproduce the Web Site Content, Information or any other material, text, images, video clips, directories, files, databases or listings available on or through the Web Site (hereafter referred to as “BYFTU Content“) for the purpose of re-selling or re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise) operating a business competing with the ASD, or otherwise commercially exploiting the BYFTU Content unless otherwise agreed between the parties. Systematic retrieval of BYFTU Content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from ASD is prohibited.

In addition, use of the BYFTU Content for any purpose not expressly permitted in this Agreement is prohibited and entitles ASD to initiate appropriate legal action. User(s) agree that as a condition of their access to and use of BYFTU’s Services, they will not use BYFTU’s Services to infringe the intellectual property rights of any third parties in any way. ASD reserves the right to terminate the right of any User(s) to access or use BYFTU’s Services for any infringement of the rights of third parties in conjunction with use of the BYFTU’s Service, or in the event ASD is of the belief that User(s) conduct is prejudicial to the interests of ASD, its affiliates, or other User(s), or for any other reason, at ASD’s sole discretion, with or without cause.

URL’s/Sub-Domain
URL’s/ Sub-domain names assigned by ASD to User(s) (including both paid and free User(s)) are the exclusive property of ASD and it cannot be assumed to be permanent in any case. ASD reserves the right, without prior notice, at any point of time, to suspend or terminate or restrict access to or edit any URL’s/Sub-domain names. IN ALL SUCH CASES, ASD WILL NOT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION OR OTHERWISE.

ASD may allow User(s) access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to the websites offered by such third parties (hereafter referred to as “Third Party Websites“). ASD advises its User(s) to read the terms and conditions of use and/or privacy policies applicable in respect of such Third Party Websites prior to using or accessing such Third Party Websites. Users acknowledge and agree that ASD has no control over any content offered on Third Party Websites, does not monitor such Third Party Websites, and shall in no manner be deemed to be liable or responsible to any person for such Third Party Sites, or any content, products or services made available thereof.

6. LINKS TO THIRD PARTY SITES

Web Site contains Links to third party websites as a matter of convenience to User(s). User(s) acknowledge and agree that ASD does not have any control over the content of such websites and/ or any information, resources or materials provided therein.

ASD may allow its User(s) access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to the websites and social media platforms offered by such third parties (hereafter referred to as “Third Party Links“). ASD advises its User(s) to read the terms and conditions of use and/or privacy policies applicable in respect of such Third Party Links prior to using or accessing such Third Party Links. Users acknowledge and agree that ASD has no control over any content offered on these Third Party Links and it does not monitor such Third Party Links. ASD shall in no manner be deemed to be liable or responsible towards any person for such Third Party Links or any content, products or services that are made available thereof.

7. TERMINATION

Most content and most of the features on the Web Site are made available to User(s) free of charge. However, ASD reserves the right to terminate access to certain areas or features of the Web Site to any User(s) at any time without assigning any reason and with or without notice to such User(s). ASD also reserves the universal right to deny access to particular User(s) to any or all of its services or content without any prior notice or explanation in order to protect the interests of ASD and/ or other User(s) of the Web Site. Further, ASD reserves the right to limit, deny or create different access to the Web Site and its features with respect to different User(s), or to change any or all of the features of the Web Site or introduce new features without any prior notice to User(s). ASD reserves the right to terminate the membership/ subscription of any User(s) temporarily or permanently for any of the following reasons:

If any false information in connection with their account registered with ASD is provided by such User(s), or if such User(s) are engaged in fraudulent or illegal activities/transactions.
If such User(s) breaches any provisions of the Agreement.
If such User(s) utilizes the Web Site to send spam messages or repeatedly publish the same product information.
If such User(s) posts any material that is illegal or unrelated to trade or business cooperation.
If such User(s) impersonates or unlawfully uses another person’s or business entity’s name to post information or conduct business in any manner.
If such User(s) is involved in unauthorized access, use, modification, or control of the Web Site database, network or related services.
If such User(s) obtains by any means another registered User(s) Username and/or Password.
Or any other User(s) activity that may not be in accordance with the ethics and honest business practices.

If ASD terminates the membership, on account of the above- mentioned reasons, of any registered User(s) including those User(s) who have subscribed for the paid services of the Web Site, such person will not have the right to re-enroll or join the Web Site under a new account or name unless invited to do so in writing by ASD. In any case of termination, no subscription/membership fee/charges paid by the User(s) will be refunded. User(s) acknowledge that inability to use the Web Site wholly or partially for whatever reason may have adverse effect on their business. User(s) hereby agree that in no event shall ASD be liable to any User(s) or any third parties for any inability to use the Web Site (whether due to disruption, limited access, changes to or termination of any features on the Web Site or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Web Site or any of its features.

8. REGISTERED USER(S)

To become a registered User(s) of the Web Site a proper procedure has been made available on the Web Site which is for the convenience of User(s) so that they can easily use the website.

User(s) can become registered User(s) by filling an on-line registration form on the Web Site by providing the required information (including name, contact information, details of User(s) business, etc.). ASD will establish an account on the Web Site (hereafter referred to as “Account“) for the User(s) upon successful registration and the Whatsapp number used by the User(s) for registration will be their User ID (hereafter referred to as “User ID“). Every registered User can log into their Account by using their User ID and OTP. OTP Services on the Web Site are powered by OTPLESS, an external agency engaged by ASD. Whatsapp number provided by the User(s) while logging into the Web Site shall be shared with OTPLESS for the purpose of receiving OTP on the Whatsapp number of the User(s) and facilitating the process of logging in.

User(s) registering on the Web Site on behalf of business entities represent and warrant that:

they have the requisite authority to bind such business entity into this Agreement;
the address provided by such User(s) at the time of registration is the principal place of business of such business entity;
all other information provided to ASD during the registration process is true, accurate, current and complete.

For purposes of this provision, a branch or representative office of a User(s) will not be considered a separate entity and the principal place of business of the User(s) will be deemed to be that of its head office.

User(s) registering on the Web Site in their personal capacity represent and warrant that:

they are eligible to enter into this Agreement;
the address provided by such User(s) at the time of registration is their principal place of business for the purpose of the Web Site and
all other information provided to ASD during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office of a User(s) will not be considered a separate entity and the principal place of business of the User(s) will be deemed to be that of its head office.

User(s) agree that by registering on the Web Site, they consent to the inclusion of their personal data in ASD’s on-line database and authorize ASD to share such information with other User(s). ASD may refuse registration and deny the membership to any User(s) for whatever reason. ASD may suspend or terminate a registered membership at any time without any prior notification in interest of ASD or general interest of its User(s) without assigning any reason thereof and there shall arise no further liability on ASD of whatsoever nature due to the suspension or termination of the User account. User(s) registered on the Web Site are in no manner a part of or affiliated to ASD.

User(s) further agree and consent to be contacted by ASD through phone calls, Email notifications or any other means of communication, in respect to the services provided by ASD even if contact number(s) provided to ASD upon registration are on Do Not Call Registry.

9. DATA PROTECTION

Personal information supplied by User(s) during the use of the Web Site is governed by ASD’s privacy policy (hereafter referred to as “Privacy Policy“).

10. POSTING YOUR CONTENT ON WEBSITE

Some content displayed on the Web Site is provided or posted by third parties. User(s) can post their content on some of the sections/services of the Web Site using the self-help submit and edit tools made at the respective sections of the Web Site. User(s) may need to register and/or pay for using or availing some of these services.

User(s) understand and agree that ASD in such case is not the author of the content and that neither ASD nor any of its affiliates, directors, officers or employees have entered into any arrangement including any agreement of sale or agency with such third parties by virtue of the display of such content on the Web Site. User(s) further understand and agree that ASD is not responsible for the accuracy, propriety, lawfulness or truthfulness of any third party content made available on the Web Site and shall not be liable to any User(s) in connection with any damage suffered by the User(s) on account of the User(s)’s reliance on such content. ASD shall not be liable for a User(s) activities on the Web Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of any User’s conduct.

User(s) solely represent, warrant and agree to:

provide ASD with true, accurate, current and complete information to be displayed on the Web Site;
maintain and promptly amend all information provided on the Web Site to keep it true, accurate, current and complete.

User(s) hereby grant ASD an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to display and use all information provided by them in accordance with the purposes set forth in the Agreement and to exercise the copyright, publicity and database rights User(s) have in such material or information, in any form of media, third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the Web Site, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the Web Site (hereafter referred to as “Third Party Rights”).

User(s) hereby represent, warrants and agree that User(s) shall be solely responsible for ensuring that any material or information posted by User(s) on the Web Site or provided to the Web Site or authorized by the User(s) for display on the Web Site, does not, and that the products or services represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such Third Party Rights. User(s) hereby represent, warrant and agree that they have the right to manufacture, offer, sell, import and distribute the products or services offered and displayed on the Web Site, and that such manufacture, offer, sale, importation and/or distribution of those products or services violates no Third Party Rights.

User(s) agree that they will not use BYFTU Content and/or BYFTU’s Services to send junk mail, chain letters or spamming. User(s) further hereby represent, warrant and agree (i) to host, display, upload, modify, publish, transmit, store, update or share ; or (ii) submit to ASD for display on the Web Site or transmit or sought to be transmitted through BYFTU’s Services any content, material or information that does not and shall at no point:

Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
Belong to another person and to which User(s) do not have any right to;
Be part of a scheme to defraud other User(s) of the Web Site or for any other unlawful purpose;
Be intended to deceive or mislead the addressee about the origin of such messages or knowingly and intentionally is used to communicate any information which (i) is patently false or grossly offensive or menacing/misleading in nature but may reasonably be perceived as a fact; or (ii) harass a person, entity or agency for financial gain or to cause any injury to any person;
Relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party’s copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights;
Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
Relate to any controversial weapons, cluster munitions or anti-personnel mines and other such defense equipment;
Be defamatory, abusive libelous, unlawfully threatening, unlawfully harassing, grossly harmful, indecent, seditious, blasphemous, pedophilic, hateful, invasive of another’s privacy, including bodily privacy racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, leading to breach of confidence, or otherwise unlawful or objectionable in any manner whatever;
Be vulgar, obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone’s privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
Solicit business from any User(s) in connection with a commercial activity that competes with ASD;
Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
Contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information or that are designed to interrupt, destroy or limit the functionality of any computer resource;
Link directly or indirectly to or include descriptions of goods or services that are prohibited under the prevailing law; or otherwise create any liability for ASD or its affiliates.

ASD reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the Web Site which ASD reasonably believes is unlawful or could subject ASD to liability or in violation of the Agreement or is otherwise found inappropriate in ASD ‘s opinion. ASD also reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.

In connection with any of the foregoing, ASD reserves the right to suspend or terminate the Account of any User(s) as deemed appropriate by ASD at its sole discretion. User(s) agree that ASD shall have no liability to any User(s), including liability in respect of consequential or any other damages, in the event ASD takes any of the actions mentioned in this provision.

User(s) understand and agree that the Web Site acts as a content integrator and is not responsible for the information provided by User(s) displayed on the Web Site. ASD does not have any role in developing the content displayed on the Web Site. ASD has the right to promote any content including text, images, videos, brochures etc. provided by User(s) on various platforms owned by ASD.

11. INTERACTION BETWEEN USERS

ASD provides an on-line platform to facilitate interaction between buyers and sellers of products and services. ASD does not represent the seller or the buyer in transactions and does not charge any commission for enabling any transaction. ASD does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Web Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase. User(s) are also cautioned that there may be risks of dealing with foreign nationals or people acting under false pretences on the Web Site. By virtue of this Agreement, any User(s) using the Web Site provides a self- declaration of the correctness and truthfulness of the content posted by them. However, apart from this self- declaration, the Web Site does not use any other tools and techniques to verify the accuracy and authenticity of the information provided by User(s). ASD cannot and does not confirm each User(s)’s purported identity on the Web Site. ASD encourages User(s) to themselves evaluate the User(s) with whom they would like to deal and use the common prudence while dealing with them.

User(s) agree to fully assume the risks of any transactions (hereafter referred to as “Transaction Risks“) conducted on the basis of any content, information or any other material provided on the Web Site and further assume the risks of any liability or harm of any kind arising due to or caused in connection with any subsequent activity relating to any products or services that are the subject of any such transaction.

Such risks include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents.
Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Web Site may violate or may be asserted to violate Third Party Rights, and the risk that that User(s) may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants.
Such risks further include the risks that the purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by User(s) of the Web Site as a result of purchase and sale transactions in connection with using any content, information or any other material provided on the Web Site may suffer harms and/or assert claims arising from their use of such products.
Such risks also include the risks associated with the sellers not having obtained the necessary Government approvals in respect of their businesses. These approvals include, but are not limited to, the necessary licenses to conduct businesses.

User(s) agree that ASD shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any Transaction Risks. User(s) are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of any content, information or any other material provided on the Web Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. In the event of a dispute with any party to a transaction, User(s) agrees to release and indemnify ASD (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.

12. LIMITATION OF LIABILITY/DISCLAIMER

The features and services on the Web Site are provided on an ” as is ” and ” as available ” basis, and ASD hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded. ASD makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability or completeness of any information provided on or through the Web Site including display or listing of tenders on the Web Site which in no manner is endorsed by ASD. ASD makes no representations or warranties with respect to any User(s) holding registrations, consents or approvals required under all Applicable Laws for its Business, and for giving effect to the transactions contemplated by virtue of BYFTU’s services. User(s) are cautioned to check themselves for the completion of these regulatory formalities by the User(s) they are dealing with. ASD has no association of whatsoever nature with the publisher and/or the published contents. Moreover, ASD does not facilitate or participate in any sale, delivery, transaction and / or storage related to any product including but not limited to controversial weapons, cluster munitions or anti-personnel mines and other such defense equipment. ASD does not represent or warrant that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Web Site does not violate any Third Party Rights; and ASD makes no representations or warranties of any kind concerning any product or service offered or displayed on the Web site. Any material downloaded or otherwise obtained through the Web site is at the User’s sole discretion and risk and the User(s) is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by the User(s) from Web Site or through or from the Web Site shall create or be deemed to create any warranty not expressly stated herein.

Under no circumstances shall ASD be held liable for any delay or failure or disruption of the content or services delivered through the Web Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. User(s) hereby agree to indemnify and save ASD, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from their use of the Web Site (including but not limited to the display of User(s) information on the Web Site) or from User(s)’s breach of any of the terms and conditions of this Agreement. User(s) hereby further agree to indemnify and save ASD, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User(s)’s breach of any representations and warranties made by the User(s) to ASD.

User(s) hereby further agree to indemnify and save ASD, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products and services offered or displayed on the Web Site. User(s) hereby further agree that ASD is not responsible and shall have no liability for any material posted by other User(s) or any other person, including defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with the User(s). ASD reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by any User(s), in which event such User(s) shall cooperate with ASD in asserting any available defences.

ASD shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:

The use or the inability to use the Web Site;
Any defect in goods, samples, data, information or services purchased or obtained from a User(s) or a third-party service provider through the Web Site;
Violation of Third Party Rights or claims or demands that User(s) manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Web Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
Unauthorized access by third parties to data or private information of any User(s);
Statements or conduct of any User(s) of the Web Site; or
Any matters relating to Premium Services however arising, including negligence.

13. NOTICES

All notices or demands to or upon ASD shall be effective if in writing and shall be deemed to be duly made when sent to ASD on byftu.official@gmail.com or a hard copy of the notice being sent to R-143, Basement, Greater Kailash Part-1, New Delhi- 110048.

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 the User(s) on the Web Site, or by posting such notice or demand on an area of the Web Site that is publicly accessible without a charge.

Notice to a User(s) shall be deemed to be received by such User(s) if and when Web Site is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon Web Site’s posting such notice on an area of the Web Site that is publicly accessible without charge.

14. GOVERNING LAW AND DISPUTE RESOLUTIONS

This Agreement and the Privacy Policy shall be governed in all respects by the laws of Indian Territory. ASD considers itself and intends itself to be subject to the jurisdiction of the Courts of Delhi, India only. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Delhi, India.

15. MISCELLANEOUS

Headings for any section of the Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
ASD’s failure to enforce any right or failure to act with respect to any breach by a User(s) under the Agreement and/or Privacy Policy will not be deemed to be ASD’s waiver of that right or ASD ‘s waiver of the right to act with respect to subsequent or similar breaches.
ASD shall have the right to assign its obligations and duties in this Agreement and in any other agreement relating to ASD’s Services to any person or entity.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions of the Agreement shall be enforced.
All calls to ASD with respect to BYFTU’s Services are completely confidential. However, Your call may be recorded to ensure quality of service. Further, for training purpose and to ensure excellent customer service, calls from ASD with respect to BYFTU’s Services may be monitored and recorded.
The Agreement and the Privacy Policy constitute the entire agreement between the User(s) and ASD with respect to access to and use of the Web Site, superseding any prior written or oral agreements in relation to the same subject matter herein.

16. FOOD PRODUCT/SERVICE POLICIES

The Web Site only advertises and/or showcases the food products and food related services posted by Users(s). User(s) involved in the purchase and supply of food products and food related services hereby agree to abide by and be compliant of any applicable laws, rules, regulations, notifications or orders issued by the Government of India or any of its agencies from time to time in this regard including but not limited to Food Standards and Safety Act, 2006 (hereafter referred to as “FSSAI“) and the various Rules and Regulations made under it. Failure on part of any User(s), acting as a food seller or providing food services, to obtain the necessary approvals under FSSAI or any other applicable law shall not be attributed to ASD. User(s) acting as buyers must themselves check for such approvals held by the User(s) selling food or providing food related services on the Web Site.

ASD shall not be responsible for any information, content or material in respect of or related to any food product posted, provided or displayed by User(s) on the Web Site. Accordingly, it is solely the responsibility of the User posting the content to ensure that the content so posted does not violate any statue in the rules made thereunder including the FSSAI as referred above, and no consequences of any nature shall be attributed to ASD in any manner whatsoever.

Users(s) hereby undertake that they shall solely be responsible and shall bear all the liabilities in respect of selling food and providing food related services in accordance with the conditions laid down in the applicable law. In the event of breach of any such condition, ASD shall not be liable and responsible in any manner whatsoever.

Users(s) undertake and agree to indemnify and hold harmless ASD and/or any of its affiliates, directors, officers, employees or representatives from and against any and all losses, liabilities, damages, claims, costs and expenses (including attorney’s fees and expenses, any third party claims), which ASD may incur or suffer as a result of or in connection with any illegal sales of drugs and/or medicines.

ASD does not offer any guarantees or warranties on the food products or food related services displayed or listed on the Web Site. ASD is not liable for the quality, safety, hygiene, taste, price etc. of the food sold or offered for sale by the User(s) selling food or providing food- related services on the Web Site. Any defect in the food products sold or offered for sale or any defect in the food related services provided or offered to be provided on the Web Site shall be the responsibility of the particular User(s) selling that food product or providing that food related service. Further, ASD is not liable for any relevant transaction between the User(s), including transactions involving sale of any food restricted and/or banned for sale by any governmental or any other regulatory authorities.

17. COSMETIC PRODUCT/SERVICE POLICIES

The Web Site does not facilitate the purchase of cosmetic products, and only advertises and/or showcases the cosmetic products posted by Users(s). User(s) involved in the purchase and supply of cosmetic products hereby agree to abide by and be compliant of any applicable laws, rules, regulations, notifications or orders issued by the Government of India or any of its agencies from time to time in this regard including but not limited to Drugs and Cosmetics Act, 1940, Drugs and Cosmetics Rules, 1945 (“Drug Rules”), Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (“Drug and Magic Remedies Act”).

ASD shall not be responsible for any information, content or material in respect of or related to any cosmetic product posted, provided or displayed by User(s) on the Web Site. Accordingly, the User posting the content shall ensure that the content so posted does not violate any statue in the rules made thereunder including the Act(s) as referred above, so that no consequences of any nature could be attributed to ASD in any manner whatsoever.

ASD does not offer any guarantees or warranties on the cosmetic products or make-up services displayed or listed on the Web Site and is not liable for any relevant transaction between the User(s), including transactions involving sale of any cosmetic(s) restricted and/or banned for sale by any governmental or any other regulatory authorities.

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