These Terms and Conditions for Merchants & Service Providers (“Agreement”/ “T&C”) is entered into on the date and place as set out in Schedule 1 of this Agreement between:
Bow Bow Products and Services Pvt Ltd, a partnership firm registered under the provisions of the Indian Partnership Act, 1932, having its registered office at The Executive Center, Level 9, Tower 2, World Trade Center, Kharadi, Pune 411 014 (hereinafter referred "Bow Bow”/ “We”/ “Us” / “Our” which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include the partners for the time being of the said firm, the survivors or survivor of them and the heirs, executors, administrators, successors and legal representatives of the last surviving partner and permitted assigns) of the FIRST PART;
____________________________________________ the detail of which are set out in Schedule 1 of this Agreement (hereinafter referred to as the ““Users”, “Merchants” “Sellers” “You” or “Your”; which expression shall unless repugnant to the context or meaning thereof include their successors, heirs and permitted assigns) of the SECOND PART.
Bow Bow and the Merchant shall be collectively referred as “Parties” and individually referred as “Party”.
A. Platform (as defined below) is operated by the Us under the brand “Bow Bow”. Bow Bow offers the Platform, including all information, tools and services available from the Platform to You, the User, conditioned upon Your acceptance of all terms, conditions, policies and notices stated here and/or on the Platform.
B. The User’s use of the Platform and related tools and services thereof, including but not limited to viewing information, acting on such information and the transactions that may be implemented through the Platform, is governed by and shall be subject to these terms and conditions (“Merchants’ Agreement” or “Terms of Service” or “Terms”), the terms whereof are subject to change at any time, without prior notice to You through publication on the Platform. Any new features or tools which are added to the current Platform shall also be subject to the Terms of Service. To ensure that You are aware of the changes, please review this Agreement and all the documents referred to hereunder (including those hosted on the Platform) periodically.
D. In the event, You are representing an incorporated entity, You hereby confirm that You have been expressly authorised by such entity to consent this Agreement, and such entity agrees to be bound by the terms hereunder.
The recitals shall form an integral part of this Agreement.
NOW, THEREFORE, in consideration of the mutual agreements, covenants, representations and warranties set forth in the Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the Parties, the Parties hereby agree as follows:
“Buyers”/ “Customers” shall mean any natural or legal person who has access to and is using the Platform for the purpose of buying Products and/or availing services listed on the Platform, including but not limited to such users who have not created a User Account and are accessing the Platform without such a User Account;
“Content” shall mean User Information, content, information, pictorial representations and/or images including comments posted and or made available on the Platform;
“Effective Date” shall mean the date as specified in Schedule 1 of this Agreement;
“Platform” shall mean the www.bowbow.net.in that provides a collection of online resources, blogs. including classified advertisements, forums, related sites including the mobile application of the Platform;
“Products” shall mean the goods and services listed on the Platform by the Merchant for the purposes of marketing and selling such goods and services to Buyers; and
“User Account” shall be the account, which the Users shall be required to create with the Platform to avail the entire gamut of Services offered by it.
2. SCOPE OF THE PLATFORM
The Platform is an e-portal/ mobile based application for advertising, marketing, purchasing and selling of Products. By visiting our Platform and/ or listing some Product for marketing purposes, You engage in our “Service” and agree to be bound by these Terms, including those additional terms and conditions and policies, as may be laid down under any additional documents as referenced herein and/or available by hyperlink and/or as intimated to you. These Terms of Service apply to all Users of the site (to the extent not repugnant to the context), including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of data, content, Information, pictorial representations and/or images (“Content”).
3. EXCLUSION OF LIABILITY
You are aware and fully understand that Platform is only a platform for prospective buyers and sellers and that:
3.1. The Merchant shall alone have full legal and moral responsibility and liability for all the Products listed and sold on the Platform. Bow Bow shall bear no liability or responsibility either for the Products being shown in catalogue or for the actual goods or services provided to the Buyers by You and all such liability, including financial and legal, shall be directly passed on to You;
3.2. The Merchant shall alone be responsible for procuring all licenses, permits, passes etc. as required by the law for each of the Products listed or sold through the Platform by You. The responsibility lies solely with You for ensuring that the Products being listed or sold are permitted for advertising, listing and sale under applicable laws;
3.3. It is Merchant’s responsibility to ensure that it does not and/or provide for listing and/or selling anything that is not permitted under applicable laws at the said point in time. An indicative list is provided below under clause 6, but that list is not exhaustive. We have the right but not the obligation to remove any item that is listed for sale from the Platform;
3.4. Bow Bow is only accepting payments on behalf of You through third party service providers and accepts no liability associated with the listing or delivery of goods or services by You;
3.5. The Merchant shall make every effort to ensure that images of the Products uploaded and/or provided for listing exactly reflect the appearance of the Products in real life and the store display as accurately as possible the colors and images of the Products; and
3.6. Unless otherwise specified by Us, the Merchant shall bear full liability and responsibility for dealing with any returns or refunds. In such situations, the responsibility for communicating, managing and arranging for any refunds or returns lies entirely with You and Bow Bow shall not be responsible for dealing with any returns or refunds.
4. REPRESENTATIONS AND WARRANTIES
4.1. By agreeing to these Terms of Service/entering into this Agreement, You represent that You are at least the age of majority in Your state or province of residence You and You have given Us, Your consent to allow any of Your minor dependents to use the Platform;
4.2. You shall not use any Products for any illegal or unauthorized purpose;
4.3. You shall not, in the use of the Service, violate any laws in Your jurisdiction (including but not limited to copyright laws);
4.4. You must not transmit any worms or viruses or any code of a destructive nature;
4.5. That the Content submitted by You shall not be derogatory, offensive or misleading in any manner;
4.6. You are solely responsible for the Content that You upload, submit or send to or exchange on the Platform. We shall under no circumstances be responsible for any claims made by a third party in respect thereof;
4.7. Any fraudulent use of the Platform or applicable payment method to purchase the Products, which causes any monetary loss to Bow Bow as a result of Your action/inaction shall be recovered from You. Without prejudice to the above, Bow Bow reserves the right to initiate legal proceedings against You for the fraudulent use of the Platform or for any other unlawful act or omission in breach of this Agreement;
4.8. That images and pictorial representations on the Platform may be enhanced for advertising purposes;
4.9. That We will not be responsible for verifying any Content posted on the Platform;
4.10. That You also understand and acknowledge that the use of the Platform requires internet connectivity. You shall bear the costs incurred to access and use the Platform and We shall not, under any circumstances whatsoever, be responsible or liable for such costs;
4.11. That You shall be solely responsible for all activities undertaken through Your User Account, whether or not You have authorized such activities or actions and shall, at all times, keep Bow Bow indemnified in this regard;
4.12. That You shall be responsible for checking the Content, Product description and other related information;
4.13. If You are registering as a business entity, You represent that You are duly authorized by the business entity to accept this Agreement and You have the authority to bind that business entity to this Agreement; and
4.14. A breach or violation of any of the Terms/ Agreement will result in an immediate termination of Services and may result in reporting to the law enforcement agencies.
5. GENERAL CONDITIONS
5.1. We reserve the right to refuse Service to anyone (without assigning any reason) at any time.
5.2. You understand that Your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
5.3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service including any data or information with respect to any visitor of the Platform, or access to the Service or any contact on the Platform through which the Service is provided, without express written permission by Us.
5.4. The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms/Agreement.
6. PROHIBITED USES
6.1. We have built systems wherein We restrict the Merchants’ for offering to sell any prohibited items and/or provide some services on the Platform, some of which are:
(i) Adult products and pornographic materials (including child pornography) in any form (print, audio/video, multimedia messages, images, photographs, etc.);
(iii) Animals– examples include live animals, mounted specimens, and ivory;
(v) Counterfeit goods and services infringing the IP (as defined below);
(vi) Crude oil;
(vii) Electronic surveillance equipment prohibited by law;
(viii) Embargoed goods from prohibited countries;
(ix) Endangered species of animals and plants, whether alive or dead;
(x) Event tickets which are exempted from resale by law;
(xi) Firearms, weapons, and knives – examples include pepper spray, replicas, and stun guns;
(xii) Any financial services;
(xiii) Food and healthcare items without holding requisite permits;
(xiv) Grey market products;
(xv) Government related items/ equipment (like wireless equipment with frequency used by the police, uniforms of Government officials including but not limited to the use by the police/ the Indian army, etc.)
(xvi) Government issued documents like passports etc.;
(xvii) Hazardous, restricted, or regulated materials – examples include batteries, fireworks, and refrigerants;
(xviii) Human remains and body parts;
(xix) IP in any form (including but not limited to music, movies, books, designs) for which You do not hold the distribution rights;
(xx) Invoices and receipts (including blank and pre-filled);
(xxi) Liquefied petroleum gas cylinder;
(xxii) Lottery tickets;
(xxiii) Maps and literature where Indian external boundaries have been shown incorrectly;
(xxiv) Medicines, drugs and drug paraphernalia that require a registered medical practitioner’s prescription;
(xxv) Narcotic drugs and psychotropic substances as defined under the Narcotic Drugs and Psychotropic Substances Act, 1985;
(xxvi) Offensive material which is likely to offend the sentiments of people whether on the grounds of religion, race, caste, sex or place of birth, race, ethnicity, or culture;
(xxvii) Radioactive materials;
(xxviii) Reptile skins;
(xxix) Sex determination Kit as under the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994;
(xxx) Stocks and securities;
(xxxi) Real estate;
(xxxii) Radioactive materials;
(xxxiii) Stolen property;
(xxxv) Any other sanctioned or prohibited items or services as per applicable laws; and
(xxxvi) Any other item deemed unfit by Us
6.2. In addition to other prohibitions as set forth in the Agreement/Terms, You are prohibited from using the Platform or its Content:
(i) for any unlawful purpose;
(ii) to solicit others to perform or participate in any unlawful acts;
(iii) to violate any international, federal, provincial or state regulations, rules, laws, or applicable ordinances;
(iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(vi) to submit false or misleading information;
(vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Platform, other Platforms, or the internet;
(viii) to collect or track the personal information of others;
(ix) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(x) for any obscene or immoral purpose; or
(xi) to interfere with or circumvent the security features of the Service or any related Platform, other Platforms, or the internet. We reserve the right to terminate your use of the Service or any related Platform for violating any of the prohibited uses.
7. KEY COMMERCIAL TERMS
7.1. Merchant shall be solely responsible for the delivery of the Products, unless delivery of the Products is undertaken by Us. It shall be solely responsible for obtaining and maintaining the insurance of the Products and for any risk of loss or damages caused to Products, during transit or storage.
7.2. Merchant shall ensure that there is no delay in delivery of the Product to the Buyer and shall, in advance, provide the lead time to Bow Bow for such Products, which shall be mutually approved and agreed amongst Bow Bow and Merchant.
7.3. Merchant shall be solely liable to ensure that the Products are in the nature, quality and quantity, in accordance with the order form. Merchant shall ensure that in addition to the Products, the relevant tags, invoice, leaflets, labelling, packaging and other original paper work of the Products are in accordance with applicable law and are supplied with the Products, at the time of delivery to the Buyer.
7.4. Merchant shall be solely responsible for appropriate packaging of the Product and labeling the Product as per applicable laws and instruction and directions issued by Bow Bow (if any).
7.5. In lieu of the listing services provided by Bow Bow to the Merchant on the Platform, Merchant shall pay a subscription amount, as specified from time to time to Bow Bow at the time of registering with Bow Bow for the listing of Products. Merchant shall also be liable to pay Bow Bow, commission or service fee for the sale of Products through the Platform in the manner as mutually agreed between the Parties, through normal banking methods as set out in Schedule 1 of this Agreement.
7.6. It is agreed between the Parties, that unless otherwise specified by Us, all invoices to the Buyer shall be invoiced in the name of the Merchant. Merchant is liable to pay its own taxes.
7.7. Buyer entitled to return Products to the Merchant within 15 (fifteen) days from the date of receipt of the Products. Notwithstanding the foregoing, any Product not matching the description on the Platform, or having a manufacturing defect or having exceeded the expiry period or having been damaged in transit due to inadequate packaging/labelling, shall be returned to the Merchant at the cost of the merchant. In such an event, the Merchant shall not be entitled to any sale consideration with respect to such Product. The return of the defective Products shall be subject to the terms of warranty provided by the Merchant for each Product. Notwithstanding anything to the contrary, the Parties agree that in the event of a return request for a Product, the entire package/case of the relevant Product ordered shall be subject to return, even if any individual unit within the specific package/case is defective/deemed defective. It is clarified that all shipment charges and risks in relation to the return of Products shall be solely borne by the Merchant.
8. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
8.1. We are not responsible if information made available on the Platform is not accurate or not complete or not current. The material on the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary and more accurate sources of information. Any reliance on the material on the Platform is at your own risk; and
8.2. We reserve the right to modify the contents of the Platform at any time, but We have no obligation to update any information on the Platform. You agree that it is Your responsibility to monitor changes to Our Platform.
9. MODIFICATIONS TO THE SERVICE AND PRICES
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of the Service.
10.1. We reserve the right, but not the obligation, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that You offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product made on the Platform is void where prohibited.
10.2. We do not warrant that the quality of any Products, information, or other material purchased/ services availed or obtained by any Buyers from You will meet the Buyers’ expectations, or that any errors in the Service will be corrected. You will be solely responsible for the same.
11. OPTIONAL TOOLS
11.1. We may provide You with access to third-party tools which We neither monitor nor have any control over nor do We provide any input.
11.2. You acknowledge and agree that we provide access to such tools on an “as is basis” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
11.3. Any use by You of optional tools offered through the Platform is entirely at Your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
11.4. We may also, in the future, offer new services and/or features through the Platform (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
12. THIRD-PARTY LINKS
12.1. Certain content, products and services available via our Service may include materials from third-parties.
12.2. Third-party links on the Platform may direct You to third-party Platforms that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or Platforms, or for any other materials, products, or services of third-parties.
12.3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, Content, or any other transactions made in connection with any third-party Platforms. Please review carefully the third-party's policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
13. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
13.1. If, at Our request, You send certain specific submissions (for example contest entries) or without a request from Us, You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), You agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that You forward to Us.
13.2. We are and shall be under no obligation to:
(i) maintain any Comments in confidence;
(ii) pay compensation for any Comments; or
(iii) respond to any Comments.
13.3. We may, but have no obligation to, monitor, edit or remove Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
13.4. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that Your Comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Platform. You may not use a false e-mail address, pretend to be someone other than Yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments You make and their accuracy. We take no responsibility and assume no liability for any Comments posted by You or any third-party.
14. PERSONAL INFORMATION
15. ERRORS, INACCURACIES AND OMISSIONS
15.1. Occasionally there may be information on the Platform or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Platform is inaccurate at any time without prior notice
15.2. We undertake no obligation to update, amend or clarify information in the Service or on any related Platform, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Platform, should be taken to indicate that all information in the Service or on any related Platform has been modified or updated.
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In order to help promote quality products and services, the dedicated team at Bow Bow Products & Services Pvt Ltd is giving focused attention to micro, small, medium and large entities producing Animal food, accessories and animal care products in India.
This is a small beginning and we are trying our best to connect quality conscious vendors directly to the consumers through this entity. Read More