Bulbul (“Mobile App/ Website”) is an online service owned, operated and managed by Aves Shopping Network Private Limited ('Bulbul' or 'we' or 'us'). In using/accessing the App/ Website, you are deemed to have accepted the terms and conditions of the agreement listed below or as may be revised from time to time ('User Agreement'), which is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access this App/ Website. If you have any queries about the terms and conditions of this User Agreement or have any comments or complaints on or about the App/ Website, please email us at firstname.lastname@example.org or call us on 0124-4646800. We reserve the right to change the terms and conditions of this User Agreement from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible.
Ownership of rights:
Any use of this App/ website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the explicit permission of Bulbul. All information displayed, transmitted or carried on the App/ Website is protected by copyright and other intellectual property laws. Copyrights and other intellectual property in respect of the some of the content on the App/ Website may be owned by the third parties. This site is designed, updated and maintained by Bulbul or its licensors. You shall not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available on the App/ Website.
Accuracy of content and invitation to offer:
We have taken all care and precaution to try and provide accurate data and information. In the preparation of the content of this App/ Website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. All prices are displayed inclusive of Tax. Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colours of our products that appear on the App/ Website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery. All products/services and information displayed on the App/ Website constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the terms and conditions of this User Agreement. We reserve the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product(s) ordered. Dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by us and the balance would continue to be on offer to us and we reserve the right to accept or reject such balance order. No act or omission of Bulbul prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer. If you have supplied us with your email address or phone number, we will notify you by email and/or phone number, as the case may be, as soon as possible to confirm receipt of your order and email/contact you again to confirm dispatch and therefore acceptance of the order.
- User is hereby authorised to use the App/ Website for lawful purpose and for the purposes as mentioned under the policies of the Bulbul and Google only, any violation to the policy will lead to strict legal action against the User in terms of the policies and applicable laws;
- Bulbul strives to provide best prices possible on products and services to users buying or availing from the App/ Website. However, Bulbul does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice or any consequential liability on the Bulbul;
- Bulbul has a network of vendors and reserves the right to pass on the orders to any of the vendor for fulfillment.
- The prices displayed for each item under the promotion will be for the respective days of promotion only and will not be applicable on any date prior to or after the date of promotion;
- All offers on Products shall be for limited stocks and are for limited period(s). Bulbul may at its sole discretion modify, extend, update or withdraw the offers on products without prior notice to the Users. In such events, the revisions, as the case may be, will be updated on the App/ Website accordingly;
- A promo code, once used shall not be refunded in case of cancellation of order either by Customer or Bulbul;
- We don't run the promotions that prompt users to initiate a purchase, download, or other commitment without first providing all relevant information and without obtaining the user's explicit consent promotions that represent our services in a way that is not accurate, realistic, and truthful;
- All products sold on App/ Website through our sellers are genuine. All sellers listing their products on App/ Website are required to enter an agreement to list and sell only genuine products. And sellers determine the prices of the products they sell. We guarantee the condition of the item you buy when you purchase from sellers on App/ Website. However this guarantee is not applicable for manufacturing defects.
- Bulbul may, at any time due to various reasons, including but not limited to technical errors, unavailability of stocks or for any other reasons whatsoever, cancel the orders placed by Users. Bulbul’s decision of cancellation of order shall be final and Bulbul shall not be liable for such cancellation(s) whatsoever;
- Expected delivery time as mentioned on App/ Website may vary than the usual time of delivery;
- Bulbul strives to provide accurate products, services and pricing information, typographical and other errors may occur. In the event that a product or service is listed at an incorrect price or with incorrect information due to an error in pricing or product or service information, Bulbul may, at its discretion, either contact User for instructions or cancel the User's order and will notify the User about such cancellation;
- Cancellation by Bulbul: There may be certain orders that Bulbul is unable to accept and must cancel. Bulbul reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever, without assigning any reason to the User, User accept and undertake that the same is acceptable and he/ she/ it will not contest/ raise any dispute on the same. The situations that may result in cancellation of User's order includes, without limitation, non- availability of the product or quantities ordered by User, non- availability of the service, inaccuracies or errors in pricing information, or problems identified by Bulbul’s credit and fraud avoidance department;
- Bulbul may also require additional verifications or information before accepting any order. Bulbul will contact the User if all or any portion of User's order is cancelled or if additional information is required to accept the User's order. If the order is cancelled after credit card has been charged, the said amount will be reversed back in User's credit card account;
- Cancellation by the User: In case of requests for order cancellations, Bulbul, at its sole discretion, reserves the right to accept or reject requests for order cancellations for any reason whatsoever, without assigning any reason to the User. As part of usual business practice, if Bulbul receives a cancellation notice and the order has not been processed/ approved by Bulbul, Bulbul shall cancel the order and refund the entire amount to User within a reasonable period of time;
- Bulbul reserves the right to cancel any orders that classify as 'Bulk Order' as determined by Bulbul as per certain criteria. Bulbul Reward Point or 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 the below mentioned criteria, which may not be exhaustive, viz:
- Products ordered are not for self-consumption but for commercial resale;
- Multiple orders placed for same product at the same address;
- Bulk quantity of the same product ordered;
- Invalid address given in order details;
- Any malpractice used to place the order.
- Bulbul Reserve the right, at its sole discretion, to change, modify, add or remove portions of this document, at any time without any prior written notice to user;
- Limitation of Liability: Under no circumstances Bulbul’s liability shall exceed giving the User a replacement of the same product/ alternate product of the same value;
- These terms and conditions are subject to Indian laws and any dispute shall be subject to jurisdiction of the courts in New Delhi (India) only.
You shall not use the App/ Website for any of the following purposes:
- Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
- Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- Gaining unauthorised access to other computer / network systems.
- Interfering with any other person's use or enjoyment of the App/ Website.
- Breaching any applicable laws.
- Interfering or disrupting networks or websites connected to the App/ Website.
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
You are not permitted to host, display, upload, modify, publish, transmit, update or share any information on the App/ Website that
- belongs to another person and to which you do not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource including the App/ Website;
- threatens 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.
You are also prohibited from:
- violating or attempting to violate the integrity or security of the App/ Website or its content;
- transmitting any information (including job posts, messages and hyperlinks) on or through the App/ Website that is disruptive or competitive to the provision of services by us;
- intentionally submitting on the App/ Website any incomplete, false or inaccurate information;
- making any unsolicited communications to other users of the App/ Website;
- using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the App/ Website;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the App/ Website;
- copying or duplicating in any manner any of the content on the Website or other information available from the Website;
- framing or hotlinking or deep linking any content on the Website.
We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit / debit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. We also reserve the right, at our sole discretion, to prohibit sales to any one as we may deem fit.
We disclaim all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website. This User Agreement and any contractual obligation between us and you will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in New Delhi.
You agree to defend, indemnify and hold harmless Bulbul, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Bulbul or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
Eligibility to use:
Use of the App/ Website is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un- discharged insolvents etc. are not eligible to use the App/ Website. We reserve the right to terminate your membership and refuse to provide you with access to the App/ Website at our sole discretion. The App/ Website is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. We make no representation that any products or services referred to in the materials on this App/ Website are appropriate for use, or available outside India. Those who choose to access this App/ Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. We will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India. Some Indian states prohibit direct sale of merchandise from other states and require special documentation to effect such a sale without dual taxation, if we receives an order from such states or to be delivered to such states under such circumstances we retain the right to accept or reject the order at our sole discretion. Those who choose to access this App/ Website from Indian states which restrict such use are responsible for compliance with local laws if and to the extent local state laws are applicable. We will deliver the products only within states having open import policy and will not be liable for any claims relating to any products ordered from restricted states. Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted.
IF YOU DO NOT AGREE, PLEASE DO NOT USE OR ACCESS THE WEBSITE.
All the information provided to us by you, including sensitive personal information, is voluntary. You have the right to withdraw your consent at any time, in accordance with the terms of this User Agreement, but please note that withdrawal of consent will not be retroactive.
You can access, modify, correct and eliminate the data about you which has been collected pursuant to your decision to become a user of the App/ Website. If you update any information relating to you, we may keep a copy of the information which you originally provided to us in its archives.
Due to the communications standards on the Internet, when you visit the App/ Website, we automatically receive the URL of the site from which you came and the site to which you are going when you leave. We also receive the Internet Protocol (IP) address of your computer (or the proxy server you used to access the World Wide Web), your computer operating system and type of web browser you are using, email patterns, as well as the name of your internet service provider (ISP). This information is used to analyze overall trends to help us improve our service.
The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by us and our service providers for the technical administration of the App/ Website, research and development, and for administration. In the course of serving advertisements or optimizing services to you, we may allow authorized third parties to place or recognize a unique cookie on your browser. We do not store personally identifiable information in the cookies.
We may keep records of telephone calls received and made for making inquiries, orders or other purposes for the purpose of administration of services, research and development, quality management services and for proper administration.
We allow other companies, to serve advertisements to you. These companies include third party ad servers, ad agencies, ad technology vendors and research firms. We may "target" some ads to you that fit a certain general profile. We do NOT use personally identifiable information to target ads.
We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your equipment on account of you access to, use of, or browsing the App/ Website or the downloading of any material, data, text, images, video content, or audio content from the App/ Website. If you are dissatisfied with the App/ Website, your sole remedy is to discontinue using the App/ Website.
The App/ Website may enable you to communicate with other users or to post information to be accessed by others, whereupon other users may collect such data. We hereby expressly disclaim any liability for any misuse of such information that is made available by visitors in such a manner.
We value the privacy of information pertaining to our associates. The linkage between your IP address and your personally identifiable information is not shared with third-parties without your permission or except when required by law. Notwithstanding the above, we may share some of the aggregate findings and details with advertisers, sponsors, investors, strategic partners, and others in order to help grow our business without obtaining any approval from you. We will enable you to communicate your privacy concerns to us and that we will respond to them appropriately. We do not disclose any personal information to advertisers and for other marketing and promotional purposes that could be used to personally identify you, such as your password, credit card number and bank account number.
Refusal of service:
We reserve the right to refuse service to anyone at any time. We reserve the right, in our sole discretion, to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security, or proper administration of the service.
"We may also send you other information about us, the Site, our other websites, our products, sales promotions, our newsletters, SMS updates, anything relating to other companies in our group or our business partners. If you would prefer not to receive any of this additional information as detailed in this paragraph (or any part of it) please click the "unsubscribe" link in any email that we send to you or register as a Do Not Disturb user. Within 7 working days (days which are neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in India) of receipt of your instruction we will cease to send you information as requested. In case of any clarity you can contact our Customer support service".
You agree, understand and confirm that the credit / debit card details or other financial details provided by you for availing of services on the App/ Website will be correct and accurate and you shall not use the credit /debit card or financial facility which is not lawfully owned / obtained by you. You also understand that any financial information submitted by you is directly received by our acquiring bank and not taken by us. We will not be liable for any credit / debit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you. We and our associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using the App/ Website fraudulently. We and our associated acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the App/ Website and any other unlawful acts or acts or omissions in breach of these terms and conditions in accordance with applicable laws.
When you visit the App/ Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the App/ Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you submit your phone number along with your shipping address or to request our call back, you consent to receive calls on that number for communication related to your order/request and other site related communication.
Website feedback, user comments and user generated content:
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted to us on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this App/ Website (collectively, the "Comments") shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of 'spam'. We do not regularly review posted Comments, but do reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted on the Website. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Copyright & Trademark:
We and our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this App/ Website. Access to this App/ Website does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party's intellectual property rights. All rights, including copyright, in this App/ Website are owned by or licensed to us . Any use of this App/ Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our prior permission. You may not modify, distribute or re-post anything on this App/ Website for any purpose. The Bulbul names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Bulbul or licensed to Bulbul. All other marks are the property of their respective companies and you shall not use or exploit the same in any manner whatsoever. No trademark or service mark license is granted to you in connection with the materials contained on this App/ Website. Access to this App/ Website does not authorize anyone to use any name, logo or mark which appear on the App/ Website in any manner.
You understand that by using this App/ Website or any services provided on the App/ Website, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the App/ Website and any service at your sole risk and that to the fullest extent permitted under applicable law, we and our affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
This User Agreement is effective unless and until terminated by either you or us. You may terminate this User Agreement at any time by informing us in writing through Indian postal system by registered post, that you no longer wish to be associated with this App/ Website, provided that you discontinue any further use of this App/ Website. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the App/ Website. Such termination will be without any liability to Bulbul. Upon any termination of the User Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this App/ Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. Our right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the App/ Website or affect any liability that may have arisen under the User Agreement.
Limitation of Liability and Disclaimers:
The App/ Website is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the App/ Website. The App/ Website provides content from other Internet App/ Website or resources and while we try to ensure that material included on the App/ Website is correct, reputable and of high quality, we shall not be held liable or responsible if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the App/ Website. This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement. To the fullest extent permitted under applicable law, we or our suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the App/ Website, its services or this User Agreement. Without prejudice to the generality of the section above, our total liability to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the amount charged to you, against the value of the products ordered by you. Bulbul, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the App/ Website or that the operation of the App/ Website will be error free and/or uninterrupted. We assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the App/ Website; and/or any interruption or errors in the operation of the App/ Website.
The Images/ Videos contained in this App/ Website is for general information purposes only. The said images/ videos have been sourced through the various open sources available in general on the world wide web(w.w.w.). We endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the images/ videos or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the images available on the App/ Website.
Through this App/ Website you are able to get/ find the images/ videos available through various open source websites, which are not under the control of Bulbul. We have no control over the nature, content and availability of those open source sites. The inclusion of any images/ graphics/ videos does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the App/ Website up and running smoothly. However, BulBul takes no responsibility for, and will not be liable for, the App/ Website being temporarily unavailable due to technical issues beyond our control.
If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement shall continue in effect. Unless otherwise specified herein, this User Agreement constitutes the entire agreement between you and us with respect to the App/Websites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the App/Websites/services. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
If any User has any grievance, comment, question or suggestion regarding any of our Product/Services, please contact our Grievance Officer , who will redress the grievances of the Users expeditiously but within one month from the date of receipt of grievance, and who can be reached by:
- Sending a letter marked to the attention of Grievance Officer Mr. Gaurav Gupta, Aves Shopping Network Private Limited, Ground Floor, Plot No. 94, Sector-44, Gurugram-122003, Haryana; or
- Sending an email to email@example.com