Terms and Conditions
Personal Information
“MyStartupBazaar.com” is a trademark of IC Council for Arts Education and Social Work ("Independent Council" or “Startup Bazaar” or “Company”), a company incorporated under the provisions of Companies Act, 2013 with its Registered Office at #77 Vidhya Vihar, Behind Chetali Enclave, Varidhashram Road, Sri Ganganagar, Rajasthan-335001, India (Company). The domain name www.mystartupbazaar.com is owned by the Company.
It is strongly recommended that you read and understand these ‘Terms of Use’ carefully, as by accessing this site (i.e., Website and Application) (hereinafter the “Marketplace”), you agree to be bound by the same and acknowledge that it constitutes an agreement between you land the Company (hereinafter the “User Agreement”). If you do not agree with this User Agreement, you should not use or access the Marketplace for any purpose whatsoever.
This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011. The User Agreement may be updated from time to time by the Company without notice. It is therefore strongly recommended that you review the User Agreement, as available on the Marketplace, each time you access and/or use the Marketplace.
The terms ‘visitor(s)’, ‘user(s)’, ‘you’ hereunder refer to the person visiting, accessing, browsing through and/or using the Marketplace at any point in time. If you have any clarifications regarding the Terms of Use, please do not hesitate to contact us at helpdesk.startupbazaar@gmail.com.
Eligibility
Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use/access the Marketplace.
However, if you are a minor, i.e., under the age of 18 years, you may use/access the Marketplace under the supervision of an adult parent or legal guardian who agrees to be bound by these Terms of Use. You are however prohibited (even under provision) from purchasing any product(s) which is for adult consumption, the sale of which to minors is prohibited.
The Marketplace is intended to be a platform for end-consumers desirous of purchasing product(s) for domestic self-consumption. If you are a retailer, institution, wholesaler, or any other business user, you are not eligible to use the Marketplace to purchase products from third-party sellers, who have been granted access to the Marketplace to display and offer their products for sale through the Marketplace.
The Company, in its sole discretion and without liability, reserves the right to terminate or refuse your registration, or refuse to permit use/access to the Marketplace, if: (i) it is discovered or brought to notice that you do not conform to the eligibility criteria, or (ii) the Company has reason to believe (including through evaluating usage patterns) that the eligibility criteria is not met/is violated by a user, or (iii) may breach the terms of this User Agreement.
In order to determine compliance with eligibility criteria, the Company inter alia uses an algorithm and/or pre-determined criteria-based technology and accordingly, from time to time, your usage may be restricted or blocked on account of overlap with such algorithms/predetermined criteria. In such cases, if you are a genuine domestic user of the Platform, please contact us for assistance.
License & Access
The Company grants you a limited sub-license to access and make personal use of the Marketplace, but not to download (other than page caching) or modify it, or any portion of it, except with express prior written consent of the Company. Such limited sublicense does not include/permit any resale or commercial use of the Marketplace or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Marketplace or its contents; any downloading or copying of information for the benefit of another third party; or any use of data mining, robots, or similar data gathering and extraction tools. The Marketplace or any portion of the Marketplace may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Marketplace or of the Company and/or its affiliates without the express prior written consent of the Company. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express prior written consent of the Company. You shall not attempt to gain unauthorized access to any portion or feature of the Marketplace, or any other systems or networks connected to the Marketplace or to any server, computer, network, or to any of the services offered on or through the Marketplace, by hacking, ‘password mining’ or any other illegitimate means.
You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update, or share any information
1. belongs to another person and to which you do not have any right.
2. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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.
3. Harms minors in any way.
4. Infringes any patent, trademark, copyright, or another proprietary/intellectual property right.
5. Violates any law for the time being in force.
6. Deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature.
7. Impersonates another person.
8. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer resource.
9. Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
10. Is misleading or known to be false in any way.
Any unauthorized use shall automatically terminate the permission or sub-license granted by the Company.
Account & Registration Obligations
All users must register and log in for placing orders on the Marketplace. You must keep your account and registration details current and correct for all communications related to your purchases from the Marketplace. By agreeing to the Terms of Use, the user agrees to receive promotional or transactional communication and newsletters from the Company and its partners. The user can opt out from such communication and/or newsletters either by or by contacting the customer services team of Marketplace and placing a request for the same.
As part of the registration process on the Marketplace, the Company may collect the following personally identifiable information about you, including but not limited to Name , email address, age, address mobile phone number and other contact details, demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the Marketplace you visit/access, the links you click on the Marketplace, the number of times you access a particular page/feature and any such information. Information collected about you is subject to the Privacy Policy of the Company.
Pricing & Availability
The Company aims to ensure that prices of all products offered for sale are true and correct. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. Although prices of most of the products do not fluctuate on a daily basis but some of the commodities and fresh food prices do change on a daily basis. However, from time to time, the prices of certain products may not be current or may be inaccurate on account of technical issues, typographical errors or incorrect product information provided from the Company in rare case. In each such case, notwithstanding anything to the contrary, the Company reserves the right to cancel the order without any further liability. Subject to the foregoing, the price mentioned at the time of ordering a product shall be the price charged at the time of delivery, provided that no product offered for sale on the Marketplace will be sold at a price higher than its MRP (Maximum Retail Price).
Startup Bazaar does not make any warranties or representation of the quality, merchantability, suitability or availability of the products or services included in this offer. All products/services and information displayed on Website and application constitute an "invitation to offer". Your order for purchase constitutes your "offer". All orders placed by you on the Website and application are subject to availability and acceptance by us and conditional on your acceptance and adherence to these terms and conditions.
Customer Terms and Conditions
All the products will be sold on Selling Price and in no case price more than MRP (Maximum Retail Price) and the cash back, Coupon, Discount will also be given on the same amount (selling price). For more detail about cash back, Coupon, Discount, please refer the Wallet Policy.
Colours
We have made every effort to display the colours of our products that appear on the Website as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.
Modification of Terms & Conditions of Service
Startup Bazaar may at any time modify the Terms & Conditions of Use of the Website without any prior notification to you. You can access the latest version of these Terms & Conditions at any given time on the Site. You should regularly review the Terms & Conditions on the Site. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the Service. However, if you continue to use the Service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Site.
Governing Law and Jurisdiction
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Rajasthan shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Startup Bazaar and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Rajasthan. The High Court of judicature at Rajasthan alone shall have the jurisdiction and the Laws of India shall apply.
Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted, or offered to the Site on or by this Site or otherwise disclosed, submitted, or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain the property of Startup Bazaar. Such disclosure, submission or offer of any Comments shall constitute an assignment to Startup Bazaar of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Startup Bazaar owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Startup Bazaar 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. Startup Bazaar is 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 Site 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". Please note all reviews submitted by customers are subject to checks and moderation by our content Team. Startup Bazaar reserves the rights to moderate as well as publish/not publish the reviews. Startup Bazaar reserves the rights to solicit or withhold reviews and ratings with no liability. Startup Bazaar reserve the right to accept, reject, moderate, monitor & edit or remove any comment. You grant Startup Bazaar 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 Startup Bazaar and its affiliates for all claims resulting from any Comments you submit. Startup Bazaar and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Copyright & Trademark
Startup Bazaar expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, and other materials, which appear on this Site. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of Startup Bazaar intellectual property rights. All rights, including copyright, in this website are owned by or licensed to Startup Bazaar. Any use of this 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 permission of Startup Bazaar. You may not modify, distribute or re-post anything on this website for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Startup Bazaar, its affiliates, its partners or its suppliers. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo, or mark in any manner. References on this Site to any names, marks, products, or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Startup Bazaar endorsement, sponsorship or recommendation of the third party, information, product or service. Startup Bazaar is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third-party websites, you do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. All software used on this Website is the property of Startup Bazaar or its licensees and suppliers and protected by Indian and international copyright laws. The Contents and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled, or licensed by Startup Bazaar, one of its affiliates or by third parties who have licensed their materials to Startup Bazaar and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Website is the exclusive property of Startup Bazaar and is also protected by Indian and international copyright laws.
Objectionable Content
You understand that by using this Site or any services provided on the Site, 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 Site and any service at your sole risk and that to the fullest extent permitted under applicable law, Startup Bazaar and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
You agree and undertake not to display, upload, modify, publish, transmit, update or share any information that:
a) belongs to another person and to which you do not have any legal right
b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner what so ever.
c) harm minors in any way.
d) infringes any patent, trademark, copyright, or other proprietary rights or third party's trade secrets or rights of publicity or privacy.
e) violates any law for the time being in force.
f) impersonate another person
g) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information.
You, as a Buyer, understand that upon initiating a transaction you are entering into a legally binding and enforceable contract with startup bazaar to purchase the products and /or services from Startup Bazaar, and pay the transaction price to startup bazaar using appropriate Payment Facility. You, as a Buyer, understand that all payment facility may not be available in full or in part for certain category of products and for certain locations and hence you may not be entitled to use that Payment Facility in respect of the transactions for those those products or locations.
Indemnity
You agree to defend, indemnify and hold harmless Startup Bazaar, 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 Startup Bazaar or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of the 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.
Termination
This User Agreement is effective unless and until terminated by either you or Startup Bazaar. You may terminate this User Agreement at any time, if you discontinue any further use of this Site. Startup Bazaar may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, such termination will be without any liability to Startup Bazaar. Upon any termination of the User Agreement by either you or Startup Bazaar, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. Startup Bazaar 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 Website or affect any liability that may have arisen under the User Agreement.
Changes to this Term & Conditions: Company has the discretion to update this Term and Conditions any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.
Your acceptance of these terms: By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
In accordance with The Consumer Protection (E- Commerce) Rule 2020, the name and contact details of the Nodal Officer are provided below:
Mr. Amit Kumar Swami
77 Vidhya Vihar, Behind Chetali Enclave, Varidhashram Road, Sri Gangangar, Rajasthan-335001
Time: Mon – Sat (10.00AM – 05.00 PM)
Phone: +91 941 332 8026
Email: helpdesk.startupbazaar@gmail.com
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Miss Mamta Swami
77 Vidhya Vihar, Behind Chetali Enclave, Varidhashram Road, Sri Gangangar, Rajasthan-335001
Time: Mon – Sat (10.00AM – 05.00 PM)
Phone: +91 941 332 8026
Email: helpdesk.startupbazaar@gmail.com
Customer Support: You can reach our customer support team to address any of your queries or complaints by clicking the link, selecting your order and choosing 'Need Help' option:
Time: Mon – Sat (10.00AM – 05.00 PM)
Phone: +91 941 332 8026
