This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
Please read the terms of service ("Terms of service") set out below carefully before ordering any Goods or Services from this app.
By ordering any Goods or Services from this mobile applications you agree to be bound by these Terms of Services. You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the bodia Platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.
Use of and access to the Platform is offered to You upon the condition of acceptance of all the terms, conditions and notices contained in these Terms of service, By (i) using this Platform or any Platform Services in any way; or (ii) merely browsing the Platform, You agree that you have read, understood and agreed to be bound by these Terms of service available at bodia Platform /mobile application.
Bodia retains an unconditional right to modify or amend these terms of service without any requirement to notify you of the same. It shall be your responsibility to check this Terms of service periodically for changes. Your continued use of the Platform following the posting of changes to this Terms of service on the Platform, will constitute your consent and acceptance of those changes
Section 1: Introduction we are bodia, a brand of http://www.bodia.in, unless otherwise stated.
Section 2: Definitions
2.3. "You", "your" and "yours" are references to you the person accessing this Website and ordering any Goods or Services from the Website or mobile application provided by bodia;
2.4. "We", "us", "our", and "bodia" are references to the Company /platform;
2.5. "Goods" is a reference to any goods which we may offer for sale from our Website/mobile application from time to time;
2.6. "Service" or "Services" is a reference to any service which we may supply and which you may request via our mobile application/Website;
2.7. "Participating Eatery" is a third party, which has agreed to co-operate with the Company to prepare and/or deliver the Goods or Services.
2.8. "Food Delivery" is a reference to perishable goods and to any form of delivery service, which both are provided by our Participating Eateries and for both of which our Participating Eateries take full responsibility; and
2.9. "Website" is a reference to our Website http://www.bodia.in or our mobile applications on which we offer our Goods or Services.
3.1. Food Delivery, Goods and Services purchased from this mobile app / Website are intended for your use only and you warrant that any Goods purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Services.
3.2. Please note that some of our Goods may be suitable for certain age ranges only. You should check that the product you are ordering is suitable for the intended recipient.
3.3. When ordering from this mobile app / Website you may be required to provide an e-mail address / mobile number and password. You must ensure that you keep the combination of these details secure and do not provide this information to a third party.
3.4. Any order that you place with us is subject to product availability, delivery capacity and acceptance by us and the Participating Eatery. When you place your order online, we will send you notification message to confirm that we have received it. This notification message confirmation will be produced automatically so that you have confirmation of your order details. You must inform us immediately if any details are incorrect. The fact that you receive an automatic confirmation does not necessarily mean that either we or the Participating Eatery will be able to fill your order. Once we have sent the confirmation notification message we will check availability and delivery capacity.
3.5. If the ordered Food Delivery and delivery capacity is available, the Participating Eatery will accept the contract and confirm it to bodia. If the details of the order are correct, the contract for the Food Delivery, Goods or Services will be confirmed by notification message.
3.6. If the Food Delivery and/or Goods are not available or if there is no delivery capacity, we will also let you know by text message (SMS) or phone call or other notification.
3.7 You agree that where either Eatery or bodia is undertaking delivery of an Order, bodia is authorized to collect an additional charge for the delivery service ("Delivery Charge") and other charges according to Participating Eatery. The Delivery and other charges may vary from order to order, which may be determined on multiple factors which shall include but not be limited to order value, distance, and demand during peak hours. Bodia will use reasonable efforts to inform you of the Delivery Charge that may apply to you, provided you will be responsible for Delivery Charge incurred for your Order regardless of your awareness of such Delivery and other charges.
3.8 Delivery periods/Pickup time quoted at the time of ordering are approximate only, and may vary. When you opt for self-Pickup, You shall be solely liable to ensure compliance with the conditions governing the Pickup at the time of placing the Order, and bodia shall not be liable in any manner in this regard
3.9 You shall undertake to provide adequate directions, information and authorizations to accept delivery. In the event of any failure to accept delivery, failure to deliver within the estimated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you and you shall not be entitled to any refund for the same.
3.10 You understand that our liability ends once your order has been delivered to you
4.1. Any contract for the supply of Food Delivery from this Website/mobile application is between you and the Participating Eatery; for the supply of Goods or Services from this Website/ mobile application any contact is between you and bodia. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
4.2. All prices listed on the Website/mobile application are correct at the time of publication and have been input as received by the eatery; While we give great care to keep them up to date, the final price charged to you by the eatery can change at the time of delivery based on the latest menu and prices of the eatery. We also reserve the right to alter the Goods or Services available for sale on the Website/mobile application and to stop listing eateries, Goods or Services.
4.3. All prices listed on the Website/mobile application for Food Delivery by the Participating Eatery reflect the price the Participating Eatery charges at the time of listing.
4.4. All prices for delivery by bodia or a third party provider assigned by bodia listed on the Website/mobile application are correct at the time of publication; however, we reserve the right to alter these in the future
4.5. The total price for Food Delivery, Goods or Services ordered, including delivery charges and other charges, will be displayed on the mobile application/website when you place your order. Full payment must be made for all Goods dispatched and Services provided. Payment has to be made in cash or, if available on the website/mobile application or by online payment, e.g. credit or debit card, wallet, etc.
4.6. The prices reflected on the website/mobile application are determined solely by the Participating eatery and informed to bodia at the time of listing or afterwards. Any change in the prices of menu at the time of placing order is at the sole discretion of the Participating eatery.
4.7. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes are being charged and determined by the Participating Eatery and bodia is merely collecting the same on behalf of such Participating Eatery.
4.8. The entire amount of applicable taxes collected by bodia is directly remitted as it is to Participating Eatery and bodia does not retain any amounts thereof
4.9. The transaction of sale of food or food items is between Participating Eatery and the customer, and accordingly, bodia is not liable to charge or deposit any taxes applicable on such transaction
4.10 With regards to payments, the Platform shall not be responsible for any unauthorized transactions conducted on our Platform using your payment card or internet banking. The Platform shall not be obligated to refund any money to you in such instances.
4.11 The prices reflected on the Platform are determined solely by the Merchant and are listed based on Merchant’s information. Very rarely, prices may change at the time of placing order due to Merchant changing the menu price without due intimation and such change of price are at the sole discretion of the Merchant attributing to various factors beyond control.
Disclaimer: Prices on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information supplied by Merchant be incorrectly reflected and in such an event Merchant may cancel such your order(s).
4.12 The final tax bill will be issued by the Merchant to the Buyer along with the order or communicate through email and bodia is merely collecting the payment on behalf of such Merchant. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by the Merchant. Bodia holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Merchant.
5.1. Delivery periods quoted at the time of ordering are approximate only and may vary. Goods will be delivered to the address designated by you at the time of ordering.
5.2. If delivery is done by the Participating Eatery, it is the Participating Eateries sole responsibility to provide Food Delivery in a timely manner.
5.3. In the case delivery is done by bodia, we will give great care to deliver in a timely manner. No responsibility is taken for late delivery by bodia in either case.
5.4. We and the Participating Eatery will make every effort to deliver within the time stated; however, we will not be liable for any loss caused to you by ordering late. If the Goods are not delivered within the estimated delivery time quoted by us, please contact the participating eatery first. You may also contact us by telephone or email or live chat and we will try to ensure that you receive your order as quickly as possible.
5.5. In case of a late delivery, the delivery charge will neither be voided nor refunded by bodia.
5.6. All risk in the Goods and the Food Delivery shall pass to you upon delivery.
5.7. If you fail to accept delivery of Food Delivery and/or Goods at the time they are ready for delivery, or we are unable to deliver at the nominated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you. Any storage, insurance and other costs which we incur as a result of the inability to deliver shall be your responsibility and you shall indemnify us in full for such cost.
5.8. You must ensure that at the time of delivery of Food Delivery and/or Goods adequate arrangements, including access where necessary, are in place for the safe delivery of such goods. We cannot be held liable for any damage, cost or expense incurred to such goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.
5.9. Participating eateries, who will prepare your order, aim (a) to deliver the product to you at the place of delivery requested by you in your order; (b) to deliver within the time confirmed by the eatery; (c) to inform you if they expect that they are unable to meet the estimated delivery time.
5.10. Participating Eateries and we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery;
5.11. Please note that it might not be possible for Participating Eateries to deliver to some locations. If this is the case, our Participating Eateries or we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address
5.12 The Participating Eateries shall be solely responsible for any warrantee/guarantee of the food products sold to the Buyers and in no event shall be the responsibility of bodia
6.1 You cannot cancel an Order once the Eatery has provided its confirmation.
6.2 In the event you have provided incorrect particulars, e.g., contact number, delivery address etc., or that you were unresponsive, not reachable or unavailable for fulfillment of the services offered to You, You will not be eligible for any refunds.
6.3 No replacement / refund / or any other resolution will be provided without Eateries permission.
6.4 Any complaint, with respect to the Order which shall include instances but not be limited to food spillage, foreign object in food, delivery of the wrong order, you will be required to share the proof of the same before any resolution can be provided.
6.5 You shall not be entitled to a refund in case instructions placed along with the Order are not followed in the form and manner you had intended. Instructions are followed by the Eatery on a best-efforts basis.
6.6 All refunds shall be processed in the same manner as they are received; refunds have been provided to you in the form of credits/voucher/refund amount will reflect in your account based on respective banks policies
7.1. Where we have requested information from you to provide Food Delivery, Goods or Services you agree to provide us with accurate and complete information.
7.3. You will be responsible for maintaining the confidentiality of the Account information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify the bodia of any unauthorized use of Your Account information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this provision. You may be held liable for losses incurred by the bodia or any other user of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential
Section 8: Complaints we take complaints very seriously and aim to respond to your complaints within 4 business days. All complaints should be addressed to firstname.lastname@example.org
9.1. GREAT CARE HAS BEEN TAKEN TO ENSURE THAT THE INFORMATION AVAILABLE ON THIS WEBSITE/MOBILE APPLICATION IS CORRECT AND ERROR FREE. WE APOLOGIZE FOR ANY ERRORS OR OMISSIONS THAT MAY HAVE OCCURRED. WE CANNOT WARRANT THAT USE OF THE WEBSITE/MOBILE APPLICATION WILL BE ERROR FREE OR FIT FOR PURPOSE, TIMELY, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE WEBSITE/MOBILE APPLICATION AND WE DO NOT MAKE ANY WARRANTY WHATSOEVER, WHETHER EXPRESS OR IMPLIED, RELATING TO FITNESS FOR PURPOSE, OR ACCURACY.
9.2. BY ACCEPTING THESE TERMS OF SERVICE YOU AGREE TO RELIEVE US FROM ANY LIABILITY WHATSOEVER ARISING FROM YOUR USE OF INFORMATION FROM ANY THIRD PARTY, OR YOUR USE OF ANY THIRD PARTY WEBSITE, OR YOUR CONSUMPTION OF ANY FOOD OR BEVERAGES FROM A PARTICIPATING EATERY.
9.3. WE DISCLAIM ANY AND ALL LIABILITY TO YOU FOR THE SUPPLY OF THE FOOD DELIVERY, GOODS AND SERVICES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER. IF WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE TO YOU SUCH LIABILITY IS LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE RELEVANT GOODS OR SERVICES. WE CANNOT ACCEPT ANY LIABILITY FOR ANY LOSS, DAMAGE OR EXPENSE, INCLUDING ANY DIRECT OR INDIRECT LOSS SUCH AS LOSS OF PROFITS TO YOU, HOWSOEVER ARISING. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO PERSONAL INJURY OR DEATH ARISING AS A DIRECT RESULT OF OUR NEGLIGENCE.
9.4. WE DO NOT ACCEPT ANY LIABILITY FOR ANY DELAYS, FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, VIRUSES OR OTHER CONTAMINATION OR DESTRUCTIVE PROPERTIES TRANSMITTED TO YOU OR YOUR COMPUTER SYSTEM VIA OUR WEBSITE/MOBILE APPLICATION.
9.5. WE SHALL NOT BE HELD LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING SERVICES OR DELIVERING GOODS WHERE SUCH FAILURE ARISES AS A RESULT OF ANY ACT OR OMISSION, WHICH IS OUTSIDE OUR REASONABLE CONTROL SUCH AS ALL OVERWHELMING AND UNPREVENTABLE EVENTS CAUSED DIRECTLY AND EXCLUSIVELY BY FORCES OF NATURE THAT CAN BE NEITHER ANTICIPATED, NOR CONTROLLED, NOR PREVENTED BY THE EXERCISE OF PRUDENCE, DILIGENCE, AND CARE, INCLUDING BUT NOT LIMITED TO: WAR, RIOT, CIVIL COMMOTION; COMPLIANCE WITH ANY LAW OR GOVERNMENTAL ORDER, RULE, REGULATION OR DIRECTION AND ACTS OF THIRD PARTIES.
9.6. IF WE HAVE CONTRACTED TO PROVIDE IDENTICAL OR SIMILAR ORDER TO MORE THAN ONE CUSTOMER AND ARE PREVENTED FROM FULLY MEETING OUR OBLIGATIONS TO YOU BY REASON OF AN EVENT OF FORCE MAJEURE, WE MAY DECIDE AT OUR ABSOLUTE DISCRETION WHICH ORDERS WE WILL FILL AND TO WHAT EXTENT.
9.7. THE PRODUCTS SOLD BY US ARE PROVIDED FOR PRIVATE DOMESTIC AND CONSUMER USE ONLY. ACCORDINGLY, WE DO NOT ACCEPT LIABILITY FOR ANY INDIRECT LOSS, CONSEQUENTIAL LOSS, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF DAMAGE TO PROPERTY AND/OR LOSS FROM CLAIMS OF THIRD PARTIES ARISING OUT OF THE USE OF THE MOBILE APPLICATION OR FOR ANY PRODUCTS OR SERVICES PURCHASED FROM US.
9.8. WE HAVE TAKEN ALL REASONABLE STEPS TO PREVENT INTERNET FRAUD AND ENSURE ANY DATA COLLECTED FROM YOU IS STORED AS SECURELY AND SAFELY AS POSSIBLE. HOWEVER, WE CANNOT BE HELD LIABLE IN THE EXTREMELY UNLIKELY EVENT OF A BREACH IN OUR SECURE COMPUTER SERVERS OR THOSE OF THIRD PARTIES.
9.9. IN THE EVENT BODIA HAS A REASONABLE BELIEF THAT THERE EXISTS AN ABUSE OF VOUCHERS AND/OR DISCOUNT CODES OR IN SUSPECTED INSTANCES OF FRAUD, BODIA MAY CAUSE THE SHOPPER (OR CUSTOMER) TO BE BLOCKED IMMEDIATELY AND RESERVES THE RIGHT TO REFUSE FUTURE SERVICE. ADDITIONALLY, SHOULD THERE EXIST AN ABUSE OF VOUCHERS OR DISCOUNT CODES, BODIA RESERVES THE RIGHT TO SEEK COMPENSATION FROM ANY AND ALL VIOLATORS.
9.10. OFFERS ARE SUBJECT TO BODIA'S DISCRETION AND MAY BE WITHDRAWN AT ANY TIME AND WITHOUT NOTICE.
10.1. All prices are in India Rupees. GST is included where indicated; it may differ from order to order/eatery
10.2. We may subcontract any part or parts of the Services or Goods that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms of service without your consent or any requirement to notify you.
10.3. We may alter or vary the Terms of service at any time without notice to you.
10.4. Payment must be made either at the time of ordering the Food Delivery, Goods or Services from us by online payment or at the time of delivery by cash. Failure to pay on time will result in the cancellation of your order.
10.5. Do not use or launch any automated system or program in connection with our website or its online ordering functionality;
10.6. Do not collect or harvest any personally identifiable information from the website/mobile application, use communication systems provided by the website for any commercial solicitation purposes, solicit for any reason whatsoever any users of the website/mobile application with respect to their submissions to the website/mobile application, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the website/mobile application.
10.8. If any terms of service of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such terms of service shall be to be deleted and the remainder of the Agreement shall continue in force without such terms of service.
10.9. These terms of services and our Agreement shall be governed by and construed in accordance with the laws of India. The parties hereto submit to the exclusive jurisdiction of the courts of India.
10.10. No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
10.10. Customers placing order with bodia are liable of receiving promotional SMS, irrespective of their number being registered under NDNC. If customer wishes to not receive promotional SMS, they may contact us on email@example.com
10.12. These terms of service and a contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with India Laws. Both we and you hereby submit to the non-exclusive jurisdiction of the India Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
10.13. The voucher calculation is subject to bodia's discretion and may be altered at any time and without notice. The voucher can discount any/all of the components including food cost, taxes and fees and likewise.
10.14. Any Service Fee/Delivery Fee charged by bodia is subject to prevailing GST Rates.
10.15. Rates under the GST regime have recently been notified. The eateries are currently examining the taxability of their supplies. Bodia hence, does not bear any responsibility on the taxes charged by the eatery in the interim period.
10.16. Blacklisting of customers: bodia reserves the right to block/blacklist customers with suspicious activity on their accounts. Suspicious activities include, but are not restricted to:
10.16.1. Unfair voucher use.
10.16.2. Using multiple logins from the same device.
10.16.3. For concerns regarding blacklisting, please reach us at firstname.lastname@example.org
10.17 We reserve the right, but have no obligation, to monitor the materials posted on the Platform. bodia shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect bodia views. In no event shall bodia assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
You agree to indemnify, defend and hold harmless the Company and its affiliates including but not limited to its (and its affiliates’) officers, directors, consultants, agents, employees and Vendors on the Platform (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of service. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform or Platform Services, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms of service, or Your violation of any rights of another, including any intellectual property rights.
In no event shall the Indemnitees be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform, Platform Services or Content on the Platform. The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BODIA, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BRANCHES, SUBSIDIARIES, AND LICENSORS ("BODIA PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES INCLUDING MOBILE APPS AND YOUR USE OF THEM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BODIA PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SERVICES HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND ASSUME NO RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE BODIA PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BODIA OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING BY BODIA, YOU AGREE THAT IN USING THE SERVICES, YOU WILL NOT USE ANY TRADE MARK, SERVICE MARK, TRADE NAME, AND LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY OR INTENDED TO CAUSE CONFUSION ABOUT THE OWNER OR AUTHORIZED USER OF SUCH MARKS, NAMES OR LOGOS.
You agree that any violation by You of these terms of service will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company and/or Vendors, as the case may be, for which monetary damages would be inadequate, and You consent to the Company and/or Vendors obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company and/or Vendors obtaining may have at law or in equity. If the Company and/or Vendors take any legal action against you as a result of your violation of these terms of service, they will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.
The terms of service will continue to apply until terminated by either you or the bodia as set forth below. If you object to the Terms of service or are dissatisfied with the Platform, your only recourse is to (i) close Your Account on the Platform; and/or (ii) stop accessing the Platform.
The Company/platform may delist you or block your future access to the Platform or suspend or terminate your Account if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these terms of service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these terms of service will survive indefinitely unless and until the bodia chooses to terminate them.
If you or the bodia terminates your use of the Platform, the bodia may delete any Content or other materials relating to your use of the Platform Services and the bodia shall have no liability to You or any third party for doing so. However, your transactions details may be preserved by the bodia for purposes of tax or regulatory compliance. You shall be liable to pay for any Platform Services that you have already ordered till the time of termination by either party whatsoever.
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Berhampur.
Notice: All notices from the bodia will be served by email to your registered email address or by general notification on the Platform. Any notice provided to the Company pursuant to the terms of service should be sent to email@example.com with subject line - Attention: terms of service.
Assignment: You cannot assign or otherwise transfer the terms of service, or any rights granted hereunder to any third party. The Company’s rights under the terms of service are freely transferable by the Company to any third party without the requirement of seeking your consent.
Severability: If, for any reason, a court of competent jurisdiction finds any provision of the terms of service, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the terms of service shall continue in full force and effect.
Waiver: Any failure by the Company to enforce or exercise any provision of the terms of service, or any related right, shall not constitute a waiver by the Company of that provision or right.