This User Agreement describes the terms and conditions on which you are allowed to use our Website and our Services. We have incorporated by reference all linked information.
You ("Consumer" or "Provider") agree to be bound by the Single-Sign-ON ID (hereinafter SSON) terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each bhagva Service (hereinafter collectively, the T&Cs).
We may update our site and/or our bhagva Services from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
Our site and bhagva Platform/Services are made available free of charge. We do not guarantee that our site, our bhagva Services or any content on our site or part of our suggestions service option, will always be available or be uninterrupted. Access to our site and our bhagva Services is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site or our bhagva Services without notice and would not be liable for any such suspension, withdrawal, discontinuation or change. We will not be liable to you if, for any reason, our site or our bhagva Services is unavailable at any time or for any period.
Content on bhagva Platform is displayed on “AS IS” basis, in the form received from the Providers. While bhagva tries to offer reliable data, bhagva cannot promise that the catalogues will always be accurate and up-to-date, and you agree that you will not hold our catalogue providers or us responsible for inaccuracies in the catalogues. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works based on catalogue content.
You are responsible for making all arrangements necessary for you to have access to our site and bhagva Services.
Access to our site gives you the option to sign up for our service (“bhagva Services”). The bhagva Services will allocate each complaint you have with service providers such as utility companies, restaurants, insurance companies and retail stores. Your email account will allow you to use our suggestions service option to identify recipients and appropriate content for any emails you send from that email account regarding that complaint.
The Services constitute a technology platform that enables users of bhagva's mobile applications or websites provided as part of the Services (each, an "Application") to arrange and schedule teleservice, appointments, sell, purchase, repair, sell and/or logistics services through independent third party providers of such services, including independent third party sellers, independent third party buyers, independent third party repair service providers and independent third party logistics providers under agreement with bhagva or certain of bhagva's affiliates ("Third Party Providers"). Unless otherwise agreed by bhagva in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
You acknowledge that bhagva does not provide sales services or purchase services or repair services or logistics services; or function as a seller or a purchaser or a repair service provider or logistics provider and that all such seller services or purchase services or repair services or logistics services are provided by independent third party contractors who are not employed by bhagva or any of its affiliates.
You acknowledge and agree that bhagva has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and bhagva, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and bhagva. bhagva would not be able to provide the services to you on an economically reasonable basis without these limitations.
The Aggregator(bhagva) operates a technology-based platform that facilitates various services, including connecting providers with clients (defined hereunder).
-“Applicable Law” shall mean any statute, law, regulation, ordinance, rule, judgment, rule of law, order, decree, clearance, approval, directive, guideline, policy, requirement, or other governmental restriction or any similar sort of decision, or determination by, or any interpretation or administration of any of the foregoing by, any statutory or regulatory agency whether in effect as of the date of this Agreement or thereafter and in each case as amended.
-“Business Day” shall mean the day on which banks are open.
-“Parties” collectively mentioned both the Aggregator and therefore the Vendor or Provider (hereinafter “Provider/s” or “Vendor/s”).
-“Vendor’s clients” shall have an equivalent meaning as defined under the vendor Agreement.
-“bhagva clients” shall have an equivalent meaning as defined under the vendor Agreement.
-“Clients” collectively mentioned both vendor’s clients and bhagva clients.
-“bhagva Platform” means the technology application and platform titled ‘bhagva’, owned and operated by the Aggregator.
-“Vendor Fees” means the outpatient consultation fees as mutually agreed between the Parties for every specialty. vendor Fees shall be began in Schedule I of the Agreement.
-“Aggregator Fees” means the share of Vendor Fees or Net Fees as began in Schedule I to be charged by the Aggregator from the vendor for providing services of the care team and technology usage charges to the vendor.
-“Aggregator Fee for Vendor-Visit/Consultation” means the flat fee charged to the vendor by the Aggregator for a client’s first visit/consultation with the vendor within thirty (30) days of online consultation on bhagva Platform.
In order to use most aspects of the Services, you must register for and maintain an active Provider/Vendor Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), AND should have a legitimate business with verified documentation so as to obtain an Account. bhagva will not be responsible for verification and may disqualify/ban your services/account without any legal notice/s on an account of fraudulent, terroristic, ambigous or suspicious activity.
If you choose, or you are provided with, an identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. You shall be solely liable for any misuse of the user identification code, password or any other piece of information that will be granted to you on an exclusive basis.
You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity. You also agree and warrant bhagva that you will not contract the Third Party Providers of bhagva or their associates to obtain any services bypassing bhagva by obtaining such Third Party Service or Provider or associate or consumer details through bhagva or the application/s of bhagva.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us via the contact us page.
You can request the changes of your identification documents through ‘Contact Us’ link. Thank you.
NON-EXCLUSIVITY: Arrangement as began during this Agreement between the Parties is on a non-exclusive basis and vendor hereby agrees that the Aggregator is permitted to enter into an identical or same agreement with other vendors. Similarly, Aggregator agrees that vendor is permitted to enter into an identical or same agreement with other aggregator service providers.
ADDITIONAL RIGHTS AND OBLIGATIONS OF VENDOR:
The Agreement is being entered into on a Principal to Principal basis. The vendor is an independent vendor and not an agent and/or employee of the Aggregator. The vendor agrees that it'll not represent that he's an agent of the Aggregator nor hold himself/herself out intrinsically .
The vendor shall not enter into any agreement or arrangement which can bind Aggregator legally or otherwise.
The vendor hereby grants the Aggregator the proper to list vendor on the bhagva platform.
The vendor hereby agrees and covenants that it shall use the bhagva Platform, in the least times during the term of this Agreement, for providing the services to the clients, whether it's to supply necessary responses to the clients, render advice or conduct any diagnosis, on the bhagva platform, or store the records of the client on the bhagva platform. The Aggregator shall intimate the vendor of a meeting booking by an agreed mode and therefore the vendor shall have the choice of rescheduling or cancelling the appointment at that point . The vendor shall provide the clients with appropriate treatment as specifically required for the care of clients for his or her medical ailments. The vendor shall make sure that they conduct their own independent history and assessment of the clients and supply such treatment to the client, because it deems fit, in its sole discretion. The vendor shall treat the client within the same manner as they treat other clients who directly visit the vendor. The vendor shall at its sole responsibility make sure that consultation provided is of the very best standard and care. Notwithstanding anything elsewhere; the vendor understands that it alone stands liable for its infrastructure and facilities which Aggregator shall not bear or have any responsibility or liability with reference to an equivalent. Vendor hereby agrees that the Aggregator doesn't have any control over the client and isn't liable for the order placed by the client on the bhagva platform. vendor also acknowledges and agrees that the Aggregator isn't liable for verifying the authenticity of the prescription.
Vendor shall at its sole cost and expense, obtain and maintain all permits and licenses necessary in reference to its performance of its obligations under this Agreement and shall abide by all relevant governmental rules and regulations.
Vendor hereby agrees and undertakes to make sure that s/he shall be available to receive training from the Aggregator on the bhagva Platform and shall duly act and perform his/her job to his best efforts and in such a fashion as agreed with the Aggregator and as began during this Agreement and specific data, plans, memoranda, instructional manuals and/or guidelines framed by the Aggregator and shared with the vendor.
Vendor agrees and acknowledges that by acting in pursuance to the present Agreement, the characteristics of a vendor-client relationship between it and therefore the clients doesn't get impacted in any manner. As such, the terms of the Indian Medical Council’s Professional Conduct, Etiquette and Ethics Regulations, 2002 (“MCI Regulations”) or (any substitute thereof or similar relevant regulations) will apply to the vendor in their interactions with the clients, that are undertaken pursuant to the present Agreement. MCI Regulations, if and as applicable shall also apply to the staff of the Aggregator involved within the bhagva platform for the needs of this agreement.
Vendor hereby further agrees that in no event and under no circumstances shall the Aggregator be held responsible and liable, whether alongside the vendor or independently, with reference to any services rendered by vendor to the clients. It's hereby clarified that the Aggregator shall not be responsible for any claims or damages in respect of the medical services, treatment and care rendered by the vendor to the clients under this Agreement, except if same is thanks to the negligence of bhagva staff pursuant to the present agreement or thanks to any bug, technical error, malfunction or failures within the bhagva Platform.
The vendor agrees to supply all the specified details to be registered as a vendor on bhagva Platform. These details shall include:
Unique Indian Medical Association number / Business license number
Degree’s and certificates
Current affiliations with vendors, clinics or hospitals
Contact and correspondence information including contact number and email address
Copy of digital signature
High resolution photograph
Time slot for every day of the week for consultation on bhagva Platform
The vendor agrees to not divulge their bhagva Platform credentials to anyone, which nobody but yourself are going to be operating this account.
You understand that you simply are going to be provided clients’ sensitive information for consultation purposes. You agree not to utilize this sensitive client information for the other purpose except consultation. You comply with the terms for not sending spam or promotional messages to any clients for your services via messaging on the bhagva Platform or over the emails. Within the event, if any client flags you for sending spam or promotional messages, your account will be suspended, and your case are going to be subjected to internal investigation.
Telemedicine Guidelines: - Only a Registered Medical Practitioner (“RMP”) i.e. a person who is enrolled in the State Medical Register or the Indian Medical Register under the Indian Medical Council Act, 1956 can practice telemedicine in India, and should provide valid license copy while registering on 'bhagva' platform. ANy tampered ID or illegal id would be subject to legal action as per law and removal from 'bhagva' platform.
RIGHTS AND OBLIGATIONS OF AGGREGATOR:
Aggregator shall be liable for development of the bhagva platform, day to day upkeep of bhagva platform and any upgradation of the bhagva platform.
Aggregator shall make sure that bhagva platform is operational and accessible in the least times (subject to unforeseen technical errors/failures).
Aggregator shall reasonably make sure that the technology and knowledge provided by the Aggregator and its personnel are of the very best quality and standard.
Aggregator shall have the proper to reply to client reviews listed on the bhagva platform, on behalf of the vendor and in consultation with the vendor.
Aggregator shall have the proper to send its personnel, employees, agents or contractors to vendor, after informing vendor 2 Business Days beforehand of the visit, to see and make sure that the bhagva platform made available within the vendor is working accurately. When any employee, agent or contractor of the Aggregator enters the premises of vendor, the Aggregator shall make sure that such employees, agents and contractors use all reasonable endeavours to:
(i) protect vendor’s people and property;
(ii) prevent nuisance and unnecessary noise and disturbance in vendor premises; and
(iii) act during a safe and lawful manner and suits the security standards and policies of vendor. the workers and representatives of the Aggregator shall wear an id card (provided by the Aggregator), once they are in vendor premises.
Aggregator shall connect clients with the vendor for services/treatments on the idea of their medical requirements and as per a client’s individualistic specific preferences, as requested by the client on the bhagva platform. Aggregator shall assimilate details and supply to the vendor the said details of the clients, provided by the client on the bhagva platform. Aggregator will only expire information that the client has uploaded on the Platform and therefore the Aggregator isn't liable for the accuracy of such information.
Aggregator shall collect and store all the info and records, including but not limited to the knowledge provided by the clients and medical reports issued by the vendor, on the bhagva platform, and shall provide the vendor with such information as could also be required by the vendor, to enable the vendor to render its services to the clients. Aggregator isn't liable for the accuracy of such information because it is merely assisting in storing such information. Aggregator shall be responsible for the safety and confidentiality of the client data and records stored on bhagva platform and shall be liable for any adverse impact arising due to breach of such security and confidentiality except due to negligence of vendor. The Aggregator will make all reasonable attempts to make sure the clients are reminded of their appointments. However, the Aggregator doesn't take responsibility for clients who don't show up to appointments.
Aggregator at its sole cost and expense, shall obtain and maintain all permits and licenses necessary in reference to its performance of its obligations under this Agreement and shall suits all relevant governmental rules and regulations. Aggregator hereby agrees to honor the payment commitment during this Agreement and confirms that Aggregator shall not act or cause any of its employees, officers, directors, staff or personnel to act during a manner so on dishonor any of its obligation under this Agreement or to adversely affect the revenue of vendor or adversely affect the business of vendor. Aggregator shall make sure that the vendor receives the training on the bhagva Platform and every one the relevant material including but not limited to specific data, plans, files, computer discs, software, documents, memoranda, instructional manuals alongside one or more of its functionaries for coordination and interaction with the vendor.
Parties hereby agree that the Aggregator shall have right to market and market vendor within the manner the Aggregator deems fit, after taking permission from vendor with a replica of the marketing material; such permission shall not be unreasonably denied.
Parties hereby also agree and acknowledge that the Aggregator shall have the proper to market and market the Aggregator to vendor’s existing clients via various channels.
vendor hereby agrees and grants the Aggregator the proper to make and display co-branded signage, like signs images, and logos, on digital channels or vendor premises, in such manner because the Aggregator deems fit, after taking permission from vendor with a soft copy of the signages; such permission shall not be unreasonably denied.
Details of the sort and sort of marketing proposed to be administered by the Aggregator shall be mutually agreed in writing among the Parties.
The cost for co-branded marketing done by the Aggregator within vendor premises shall be borne by the Aggregator. The cost of any co-branded marketing campaign on mass media channels like radio, print, hoarding or television shall be discussed between the Aggregator and vendor. The choice of sharing cost shall be supported by mutual agreement between both the Parties.
ADDITIONAL PAYMENT TERMS:
The vendor shall use the technology solution provided by the Aggregator (“Technology Solution”) for all interactions with the clients of the Aggregator. This shall include managing and assigning appointments, generating invoices, rendering prescriptions.
By the primary week of each month, the Aggregator shall share a settlement statement (“Monthly Settlement Statement”) with the vendor, providing the break-up for every consultation services as rendered within the previous month. All payments made by the Aggregator to the vendor shall be subject to withholding taxes and such other taxes as and when applicable.
All payment exchanges between the Parties shall be consummated through an immediate bank transfer using NEFT/RTGS/IMPS or through a cheque/demand draft/pay order as specified by the Parties.
The Parties agree that the Aggregator shall pay the vendor differential amount, that is, the quantity adequate to the vendors Fee minus the Aggregator Fee. Additionally, so as to proportion the business for the vendor, Aggregator at its discretion may charge the client a reduced amount which will be less than the agreed vendors fee. In such an occasion Aggregator shall borne the value towards the discounted fee and still pay the vendor an amount adequate to the vendors Fee minus the Aggregator Fee. Further, Aggregator may charge the client a better amount and retain the surplus amount charged from the client over the agreed vendors Fee. In such events Aggregator shall still pay the vendor an agreed amount, that is, the quantity adequate to the vendors Fee minus the Aggregator Fee.
All the payments made under this Agreement shall be subject to applicable withholding taxes and such taxes as applicable from time to time.
TERMS AND TERMINATION:
The Effective date stated within the preamble of this Agreement shall be considered the date of commencement of this Agreement (“Commencement Date”).
The Agreement is valid for the Term laid out in the vendor’s Agreement. On the expiry of the Term of this Agreement, the Parties hereto may, by mutual consent in writing, extend the term of this Agreement for such further period or periods and on the terms and conditions as could also be mutually agreed between the Parties. Parties hereby agree that the commercial terms between the Parties for the aim of this Agreement shall be revised and discussed by the Parties thirty (30) days before end of Term of this Agreement and therefore the revised agreed terms shall be in written form executed by the Parties, as an addendum to the present Agreement. Either Party may terminate this Agreement for
(i) breach or non-conformity by the defaulting Party of any of the terms of this Agreement or failure to perform the obligations/duties under this Agreement, which breach or failure, if capable of cure or remedy, has not been cured or remedied within thirty (30) days of the receipt of written notice of such breach or failure from the non-defaulting Party; or
(ii) within the event of a celebration being ordered to be aroused for any reasons by any court or direction and/or liquidator/receiver being appointed.
Notwithstanding anything contained during this Agreement, the either Party may terminate this Agreement, for any or no reason, at any given point in time by giving the opposite Party a thirty (30) days’ notice of such termination.
Notwithstanding anything contained during this Agreement, the Aggregator may terminate this Agreement with a week’s notice within the case of provable negligence, fraud or misconduct on the a part of the vendor in performance of the services to be provided by the vendor to the clients.
Notwithstanding anything contained during this Agreement, the vendor may terminate this Agreement with a week’s notice within the case of i. provable negligence or gross misconduct on the a part of Aggregator and/or its staff in performance of the services to be provided by Aggregator to the clients of vendor and ii. Major malfunction, bug or outage within the bhagva platform that affects its services to the clients of vendor and as long as bug has not been cured or remedied by the Aggregator within thirty (30) days of the receipt of a written notice by the vendor during this regard. Upon termination of this Agreement whether by expiry of the Term or early termination the subsequent shall be applicable: Both Parties shall settle all accounts and payments thanks to the opposite Party as on the date of termination. The vendor shall henceforth return to the Aggregator all bhagva/Aggregator specific data, assets, plans, files, computer discs, software, documents, memoranda, instructional manuals and other records which got to or obtained by the Aggregator by virtue of this Agreement including the other document that was provided to the Aggregator so as to enable the vendor to supply the services detailed under this Agreement.
DATA PRIVACY & SECURITY:
vendor hereby agrees that the Aggregator shall be allowed to use the information/data, including data received of and from the clients, received by the Aggregator during the term of this Agreement, for the aim of enhancing the bhagva platform technology, research and analysis, in accordance with applicable laws.
Aggregator hereby agrees that vendor shall be allowed to use the information/data, including data received of and from Corporate Clients, received by vendor during the term of this Agreement, for the aim of enhancing its workflow, research and analysis, in accordance with applicable laws.
The Aggregator agrees that client details shall remain confidential and wouldn't be shared with a third-party for marketing or promotional purposes.
Without the Aggregator’s prior written approval, the vendor shall not publish or use any advertising, advertisement or publicity matter concerning the Agreement and/or the Aggregator.
The vendor agrees that the Aggregator for its promotional purposes shall be allowed to use the knowledge provided by the vendor.
QUALITY OF SERVICE: Parties hereby agrees to:
(a) provide their services during a proper, timely and efficient manner using the quality of care, skill, diligence, prudence and foresight that might reasonably be expected from a prudent, expert and experienced provider of services that are almost like the services provided under this Agreement;
(b) make sure the highest quality of labor and therefore the delivery of the services with the utmost efficiency and care;
(c) act in straightness and within the best interests of the opposite Party; (d) keep the opposite Party informed of all matters of which it ought reasonably be made aware, and supply such information in reference to the supply of the services as may reasonably be required by the opposite Party; and
(e) fully suits their obligations and duties under this Agreement.
bhagva may, in bhagva's sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that bhagva establishes on a per promotional code basis ("Promo Codes" or "Loyalty Points"). You agree that Promo Codes or Loyalty Points:
- Must be used for the intended audience and purpose, and in a lawful manner
- May not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by bhagva.
- May be disabled by bhagva at any time for any reason without liability to bhagva.
- May only be used pursuant to the specific terms that bhagva establishes for such Promo Code or Loyalty Points.
- Are not valid for cash
- May expire prior to your use. bhagva reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes or Loyalty Points by you or any other user in the event that bhagva determines or believes that the use or redemption of the Promo Code or Loyalty Points was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or Loyalty Points Terms.
- Promo codes shall be subject to specific terms and conditions, from time to time, and bhagva may disallow usage which breaches such terms and conditions.
By creating an Account, you agree that bhagva or it's Services/Parteners may send you informational text messages and notifications as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from bhagva at any time by sending an email to firstname.lastname@example.org indicating that you no longer want to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
- use of, or inability to use, our site;
- use of, or inability to use, our bhagva Services; or
- use of or reliance on any content (including via the suggestions service) displayed on our site or accessible via bhagva services
IF YOU ARE A BUSINESS USER, PLEASE NOTE THAT IN PARTICULAR WE WILL NOT BE LIABLE FOR:
- loss of profits, sales, business, or revenue.
- business interruption.
- loss of anticipated savings.
- loss of business opportunity, goodwill or reputation.
- any indirect or consequential loss or damage.
IF YOU ARE A CONSUMER:
- please note that we only provide our site and our bhagva Services for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site and/ or our bhagva Services or to your downloading of any content on it, or on any website linked to it. We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
YOU MUST NOT:
- Remove any copyright, trademark or other proprietary notices from any portion of the Services.
- Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by bhagva.
- Decompile, reverse engineer or disassemble the Services; (iv) link to, mirror or frame any portion of the Services.
- cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services.
- Attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Terms and Conditions.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties, if so deemed necessary and expedient by us. This shall not apply to such contents which are otherwise available on public domain.
We also have the right to disclose your identity:
- To any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
- Where it is required to be disclosed pursuant to any applicable law or is appropriate in connection with any necessary or desirable intimation to the Government or any regulatory authority.
- Where it is required to be disclosed pursuant to judicial or regulatory process or in connection with any judicial process regarding any legal action, suit or proceeding.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site. We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Terms and conditions. The views expressed by other users on our site do not represent our views or values, Third-party links and resources in our site where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.
The Services and all rights therein are and shall remain bhagva's property or the property of bhagva's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner bhagva's organisation names, logos, product and service names, trademarks or services marks or those of bhagva's licensors.
You agree to indemnify and hold bhagva and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees) arising out of or in connection with:
- Your use of bhagva platform or services or goods obtained through your use of the Services
- Your breach or violation of any of these Terms.
- bhagva's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
DIGITAL SERVICES AND PAYMENTS
- bhagva facilitates the payment of certain payments (such as Bookings, Appointments, Teleservices, Warranties Extension) through bhagva Platform with respect to certain services offered by bhagva business partners who have partnered with bhagva to enable their services, bookings, product warranties extension, etc payments to be paid through bhagva Platform. Please see the relevant links on bhagva Platform for more information on bhagva’s payment service.
bhagva MARKETPLACE TERMS & CONDITIONS
The T&Cs in relation to the online marketplace service on bhagva Platform set out below are applicable to and binding on you in conjunction with the general T&Cs or terms and conditions already accepted by you. Each T&C or term or condition is applicable to and binding on you, or any of your activities on bhagva Platform, even if such term or condition is not specifically reproduced herein below. The terms ‘Agreement’ or ‘T&Cs’ mentioned here includes the terms and conditions in relation to the marketplace set out below, terms and conditions, and other service-specific terms and conditions in relation to bhagva Platform. bhagva is a platform of aggregation of online marketplace service, where products/services are displayed online by the various registered Providers for providing srvices, sale and you can purchase the same, subject to the Marketplace Terms as well as T&Cs in general. bhagva offers the online marketplace service to you through various modes including the issue of coupons & vouchers and through various websites accessible through bhagva Platform. The actual contract for sale is directly between the Provider and you. bhagva provides the services of listing catalogues, pricing, shipping, etc. which is informational and it is up to you to follow it or not. bhagva may help facilitate the resolution of disputes through various modes. bhagva has no control over (a) the existence, quality, safety or legality of items displayed; (b) the accuracy of third-party content or listings including that of registered Providers; (c) the ability of Provider’s or sellers to sell items; (d) the ability of buyers to pay for items. bhagva does not, at any point in time during any transaction between buyer and Provider or seller, take the ownership of any of the goods offered by the Provider or seller. Nor does bhagva, at any point, assert any rights or claims over the goods or services offered by the Provider or seller to the buyer. In using the online market place service, you explicitly agree and acknowledge that:
- bhagva Platform also makes available a variety of branded products/ services offered by its Provider partners. The purchase of such products will be subject to the terms of the offer for sale, and such other additional terms, if any, as specified by the Provider. bhagva is a facilitator and does not take any legal responsibility for the authenticity or quality of such branded products/services and customers are encouraged to exercise prudence and diligence (including by viewing any available customer reviews of the products or services or the Provider) before purchasing such products or availing such services.
- bhagva may offer delivery services through its logistics/courier partners for some of the products on bhagva Platform as per bhagva’s T&Cs, which may be changed by bhagva without any notice to you.
- bhagva is not a warrantor of the products/ services being offered on bhagva Platform by various Providers. You understand that any issue or disputes regarding the warranty, guarantee, quality, and service will be addressed either by the manufacturer/ service provider or the Provider and you agree to handle such issues and disputes directly between you and the Provider/ manufacturer. All the products are governed by the terms of warranties provided by the respective Providers/manufacturers/ owners of brands/ sellers. However, in case any product is covered under the seller (Provider) warranty, it shall be specifically mentioned under the product details. You acknowledge that bhagva gives no warrantee/guarantee, either express or implied, regarding the product bought by you or for the use or availability of online marketplace service. Customers are encouraged to exercise prudence and diligence (including by viewing any available customer reviews of the products or services or the Provider) before purchasing such products or availing such services.
- The price of services or products offered on bhagva Platform is MRP, retail price, sale price, discounted price as offered by our bhagva partner. bhagva does not either directly or indirectly influence the price of the products offered by the Provider partner. bhagva is not liable for any manufacturing defect, faulty product received, warranty claims, after-sales service for any of the products purchased on bhagva Platform. bhagva is not linked with any warranty, guarantee, post-sale claims, genuineness of products or brand, as it is just a platform that facilitates sales for its Provider partners. bhagva will make best efforts to assist customers in issue resolution including refund or arranging replacement but it will not bear the risk from legal claims for any misrepresentation or selling of wrong product.
- bhagva Platform makes available general third party information such as product catalogues, lists of authorized dealers and reports on news, entertainment, technology and features, advertisements, images and photographs of the products and other data from external sources hereinafter “Third Party Content”). Similar Third Party Content would also be available to you on the email received by you from bhagva. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to you is obtained from sources believed to be reliable. bhagva does not provide any guarantee with respect to any of the Third Party Content and bhagva shall not be held liable for any loss suffered by you based on your reliance on or use of such Third Party Content.
REFUNDS, CANCELLATIONS, RETURN TERMS
1. By bhagva:
- There may be certain orders that bhagva Provider partners are unable to accept and service and these may need to be cancelled. Some situations that may result in your order being cancelled include, non-availability of the product or quantities ordered by customer, inaccuracies or errors in pricing information specified by our Provider partners, problems identified by bhagva’s credit and fraud avoidance department or due to any major technical snag. bhagva may also require additional verifications or information before accepting any bookings/orders. bhagva will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card or bank account has been charged, the said amount will be refunded back in your credit card/bank account.
- A promo code, once used, shall not be refunded in case of cancellation of order either by you or bhagva.
2. By Customer:
- In case of requests for any order cancellation/s, bhagva reserves the right to accept or reject requests for cancellations for any reason whatsoever. As part of usual business practice, if bhagva receives a cancellation notice and the order has not been processed/ approved by bhagva, bhagva shall cancel the order and refund the entire amount to you instantly. bhagva will not be able to cancel orders that have already been partially or fully processed. bhagva has the full right to decide whether an order has been processed or not or whether an order has been partially or fully processed. You agree not to dispute the decision made by bhagva and accept bhagva’s decision regarding the cancellation. In cases where it is not possible to cancel orders which are related to buy/sell services, since they have already been accepted and fulfilled/shipped, a refund shall be made subject to the return process post-return request is raised and you would get replacement or refund once the original item is back with the Provider partner in good sale-able condition which will be decided by Provided.
- bhagva reserves the right to cancel any orders that classify as ‘Bulk Order’ as determined by bhagva as per certain criteria. Any bhagva promo code used for placing the ‘Bulk Order’ will not be refunded as per this cancellation policy. An order can be classified as ‘Bulk Order’ if it meets with any of the below-mentioned criteria, which includes but is not limited to:
- Multiple orders placed for the same service/product;
- Invalid details/addresses given in order details; or
- Any malpractice used to place the order.
Except as otherwise set forth in these Terms, this agreement shall be governed and interpreted by, and construed in accordance with, the substantive laws of India and, subject to the arbitration agreement, only the courts of Delhi shall have exclusive jurisdiction. Both Parties hereby irrevocably agree that any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any "Dispute") shall be first sought to be settled by mutual discussions between you and bhagva, pursuant to a written notice sent by the Party claiming that a Dispute has arisen to the other Party involved in the Dispute, which notice shall contain the details of the Dispute. In the event that the Dispute cannot be settled by mutual discussions between the Parties within a period of 60 (Sixty) Business Days from the receipt of the notice by the other Party involved in the Dispute, the one sending the notice may commence arbitration proceedings under the (Indian) Arbitration and Conciliation Act, 1996 ("Arbitration Act"). Each Party shall be entitled to appoint (1) one arbitrator and the two appointed arbitrators shall mutually appoint a third person of repute to act as the presiding arbitrator ("Tribunal"). The language to be used in the arbitral proceedings shall be English. Any award made by the arbitrators shall be final and binding on both the Parties. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the Parties, correspondence from and to the arbitrators, correspondence from the mediator, and correspondence, orders and awards issued by the Tribunal, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless:
- The disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and
- The third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
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