ACCEPTANCE OF TERMS AND CONDITIONS

 

General: By using this mobile application, you, the Customer (“you”, “your”, or the “User” in this document) unconditionally agree to the terms and conditions that we, Behavioural Insights, Architecture & Strategy (BIAS) with our Registered Office at Plot No. 96, I P Extension, A-206, MayFair Apartments, Patparganj, East Delhi, New Delhi, Delhi 110092 and having CIN: U74140DL2019PTC351678 (“BIAS”, “we” or “us” or “our” in this document) have provided herein for use of BIAS’s mobile application owned and maintained by us. Any individual websites or merchant-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks (“Minisites”) with our mobile application are private property. All interactions on this mobile application must comply with these Terms of Use. If you do not wish to agree to the outlined terms and conditions (the “Terms of Use” in this document) please refrain from using this mobile application. The term shall include any or all Minisites, wherever mentioned. For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a participant on the mobile application by providing Registration Data while registering on the mobile application as Registered User using the computer systems or mobile device. The term “We”, “Us”, “Our” shall mean Behavioural Insights, Architecture & Strategy (BIAS) Private Limited or BIAS. The terms BIAS and BIAS have been used interchangeably in the document.



CAUTION: PLEASE READ THIS AGREEMENT CAREFULLY. BY BROWSING, ACCESSING OR USING THIS WEBSITE OR MOBILE APPLICATION OR BY USING ANY FACILITIES OR SERVICES MADE AVAILABLE THROUGH OR ON IT, YOU ARE AGREEING TO THE TERMS OF USE THAT APPEAR BELOW (ALL OF WHICH ARE CALLED THE “AGREEMENT”). THIS AGREEMENT IS MADE BETWEEN YOU AND US. USE OF THE SERVICES AND THE WEBSITE OR MOBILE APPLICATION AND ANY PURCHASE MADE THERETO ARE EACH SUBJECT TO THE TERMS OF USE SET OUT IN THIS AGREEMENT.



Amendments and changes: We reserve the right to amend these terms and conditions at any time. All amendments to these terms and conditions will be posted on-line. Such changes may include, among other things, the adding of certain fees or charges. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time so that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use this mobile application, you are implicitly agreeing to the amended Terms of Use and Privacy Policy. Unless specified otherwise, any such deletions or modifications shall be effective immediately upon BIAS’s posting thereof. Continued use of any of the services provided by BIAS via the mobile application (or via other electronic or other communication from BIAS) including the information services, content and transaction capabilities on the Website or mobile application, including the ability to make a purchase (all of which are called the “Services” in this document) will be deemed to constitute acceptance of the new terms and conditions. BIAS may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason



GENERAL

User Accounts: In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to BIAS certain personal information, such as your name, address, mobile phone number, as well as at least one valid payment method (either a credit card or accepted payment partner) at the time of making payment. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or BIAS’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by BIAS in writing, you may only possess one Account.



Right to Transfer: The right to use this Website or mobile application is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of User’s password(s), if any. User understands and acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of BIAS, and BIAS shall not be responsible for any data lost while transmitting information on the Internet.



Note on Uninterrupted Basis: While it is BIAS’s objective to make the mobile application accessible at all times, the Website or mobile application may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of BIAS, access to the mobile application may be interrupted, suspended or terminated from time to time. BIAS reserves the right, in its sole discretion, to terminate the access to the mobile application thereof at any time, without notice. BIAS shall also have the right at any time to change or discontinue any aspect or feature of the mobile application, including, but not limited to, content, graphics, Offers, settings, hours of availability and equipment needed for access or use. Further, BIAS may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.



EQUIPMENT

User’s Responsibility: The Services and use of the website or mobile application do not include the provision of a computer or other necessary equipment to access the Site or the Services. To use the Site or Services, you will require Internet connectivity and appropriate telecommunication links. The User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of this Website or mobile application and all charges related thereto. BIAS shall not be liable for any damages to the User’s equipment resulting from the use of this mobile application.



USER CONDUCT

Restrictions:
The User undertakes without limitation, not to use or permit anyone else to use the Service or Website or mobile application to upload, send or receive any information for which you have not obtained all necessary license and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
to upload, send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, malicious software, harmful data, or anything else which may interrupt, interfere with, corrupt or otherwise cause loss, damage, destruction or limitation to the functionality of any software or computer equipment); to intercept or attempt to intercept any communications transmitted by way of a telecommunication system;for a purpose other than which we have designed them or intended them to be used; – for any fraudulent purposes.
in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
to upload, send or receive any material, which is not civil or tasteful. to upload, send or receive any material, including User Content, which is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, homophobic, infringing, pornographic, violent, misleading, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory or of a libellous nature of any person or entity, in contempt of court or in breach of confidence, or which infringes the rights of another person or entity, including copyrights, trademarks, trade secrets, patents, rights of personality, publicity or privacy or any other third party rights;
to cause annoyance, inconvenience or needless anxiety.

Forbidden uses: The following uses of the Site and Services are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:
 resell the Services or Site;
furnish false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers; attempt to circumvent our security or network including accessing data not intended for you, logging into a server or Account you are not expressly authorized to access, or probe the security of other networks (such as running a port scan); access the Services (or Site) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large burden on our infrastructure or that otherwise interrupts or interferes with its functionality, efficiency or operation execute any form of network monitoring which will intercept data not intended for you;
send unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email; create or forward “chain letters” or other “pyramid schemes” of any type, whether or not the recipient wishes to receive such mailings; send malicious email, including flooding a user or site with very large or numerous emails;
enter into fraudulent interactions or transactions with us, a Seller or a Merchant (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
use the Services or Site (or any relevant functionality of either of them) in breach of this Agreement; use in an unauthorized manner, or forge, mail header information;
engage in any unlawful or criminal activity in connection with the use of the Services and/or the Site or any Voucher; or copy or use any User Content for any commercial purposes.
Any conduct by a User that in BIAS’s exclusive discretion is in breach of the Terms of Use or which restricts or inhibits any other User from using or enjoying this Website or mobile application is strictly prohibited. The User shall not use this Website or mobile application to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Website or mobile application to become users of other online or offline services directly or indirectly competitive or potentially competitive with BIAS.
BIAS reserves the right to prevent you from using the Website (or mobile application) and the Service (or any part of thereof) and to prevent you from making any purchase, if your conduct is found to be in question or contravention of such Terms as mentioned above or in this Agreement.


PROMOTIONAL CODES

BIAS may, in BIAS’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third-Party Provider’s services, subject to any additional terms that BIAS establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by BIAS; (iii) may be disabled by BIAS at any time for any reason without liability to BIAS; (iv) may only be used pursuant to the specific terms that BIAS establishes for such Promo Code; (v) are not valid for cash; vi) may expire prior to your use; and vii) unless otherwise specified cannot be used more than once. BIAS reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that BIAS determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.


APP PERMISSIONS

Using this mobile application may require the user to provide the application with access to his/her mobile device’s camera, photos, audio and microphone, considering the different games, behavioural experiments, hypothetical shopping environments and third-party promotional codes that the user might utilize during the time of or after performing various tasks on the mobile application.

INTELLECTUAL PROPERTY RIGHTS ◦ BIAS grants you a limited, personal, nontransferable, nonexclusive, revocable license to access and use the Site pursuant to this Agreement and to any additional terms and policies set forth by BIAS. All Intellectual Property Rights (including all copyright, patents, trade marks, service marks, trade names, designs (including the “look and feel” and other visual or non-literal elements)) whether registered or unregistered) in the Website or mobile application and Service, (subject to the Title & Ownership Rights as mentioned below) information content on the Website or mobile application or accessed as part of the Service, any database operated by us and all the Website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property. All rights are reserved.

◦ None of the material listed in the clause above may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print / save one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website or mobile application without our permission.
◦ “BIAS”, the BIAS Logos and variations thereof found on the website or mobile application are trademarks owned by BIAS and all use of these marks inures to the benefit of BIAS. All rights (including goodwill and, where relevant, trade marks) in BIAS’s name are owned by us (or our licensors). Other product and company names mentioned on the Website or mobile application is the trade marks or registered trade marks of their respective owners.
◦ The title, Ownership Rights and Intellectual Property Rights in and to the content accessed using the Service is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. The Agreement gives you no rights to such content.
◦ Subject to the Clause below, any material you transmit or post or submit to the Website or mobile application (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under data protection legislation or such legislation which provides for protection of electronic data under Indian Laws. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e. via email, the Website or otherwise) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material.
◦ All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to us by you; or (ii) in response to solicitations by us regarding the Service or the Website or mobile application; (in each foregoing case, these are called “Ideas”) shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights in Ideas, to us. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY ◦ The User expressly agrees that use of the Website or mobile application is at the User’s sole risk. Neither BIAS, its holding or subsidiaries, Business Associates nor any of their respective employees, agents, and third-party content providers warrant that use of the Website or mobile application will be uninterrupted or error-free; nor do they make any warranty as to (i) the results that may be obtained from use of this Website or mobile application, or (ii) the accuracy, reliability or content of any information, service or merchandise provided through the Website or mobile application.
◦ The Website or mobile application are made accessible on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
◦ We do not give any warranty that the Services or the Website or mobile application are free from viruses or anything else which may have a harmful effect on any technology.
 ◦ We reserve the right to change, modify substitute, suspend or remove without notice any information or Voucher or service from the Website or mobile application forming part of the Service from time to time. Your access to the Website or mobile application and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We assume no responsibility for functionality which is dependant on your browser or other third party software to operate. For the avoidance of doubt, we may also withdraw any information or Voucher from the Website or Services at any time.
◦ We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of this Agreement.
◦ This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. The User specifically acknowledges that BIAS is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with the User.
◦ In no event shall BIAS, or any Business Associates, Third Party Content Providers, Third Party Advertisers or Third-Party Service Providers, producing or distributing the Website or the contents hereof, mobile application and any software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Website or mobile application. The User hereby acknowledges that the provisions of this Clause shall apply to all content on the Website and mobile application.
◦ In addition to the terms set forth above, neither BIAS, nor its subsidiaries and Business Associates, Third Party Service Providers or Third Party Content Providers shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within the Website, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including without limitation lost profits, punitive or consequential damages.
◦ We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement will not exceed the total Offer price paid or payable to you under this Agreement.

MONITORING ◦ BIAS shall have the right, but not the obligation, to monitor the content of the Website or mobile application at all times, including any chat rooms and forums that may hereinafter be included as part of the Website or mobile application, to determine compliance with this Agreement and any operating rules established by BIAS, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, BIAS shall have the right to remove any material that BIAS, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

PRIVACY ◦ The User acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively “Communities”) are public and not private communications, and that, therefore, others may read the User’s communications without the User’s knowledge. BIAS does not control or endorse the content, messages or information found in any Communities, and, therefore, BIAS specifically disclaims any liability concerning the Communities and any actions resulting from the User’s participation in any Communities, including any objectionable content. Generally, any communication which the User posts on the Website (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by BIAS as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Website or mobile application, User grants BIAS the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. For more information see BIAS’s Privacy Policy.

LICENSE GRANT ◦ By posting communications on or through this mobile application, the User shall be deemed to have granted to BIAS, a royalty-free, perpetual, irrevocable & non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

TERMINATION ◦ BIAS may terminate this Agreement at any time. Without limiting the foregoing, BIAS shall have the right to immediately terminate any passwords or accounts of a User in the event of any conduct by the User which BIAS, in its sole discretion, considers being unacceptable, or in the event of any breach by User of this Agreement.
 ◦ One User can have only one Account with a unique e-mail ID and unique phone number. If BIAS has any suspicion or knowledge that any of its Users have created multiple Accounts with different e-mail addresses or phone numbers (including but not limited to account creation by using false names or providing misleading data for creating those Accounts or using disposable email addresses or disposable phone numbers) to generate additional cash back credits or misuse or take undue advantage of the promotional benefits being provided on the BIAS Platform, then BIAS may while reserving its rights to initiate civil and/or criminal proceedings against such User may also at its sole discretion terminate, suspend, block, restrict, cancel the Account of such User and/or disqualify that User and any related Users from availing the services ordered or undue benefits availed through these accounts. ◦ All such provisions wherein the context so requires, including Clauses on Intellectual Property Rights, Disclaimer of Warranty, Limitation of Liability, License Grant, Indemnification and Termination above will survive termination of this Agreement.
 ◦ Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

THIRD PARTY CONTENT ◦ BIAS, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, BIAS does not have editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including Third Party Content Providers, or any other Users are those of the respective author(s) or distributors and not of BIAS. ◦ Neither BIAS nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose (refer to the Clause for ‘Disclaimer of Warranty, Limitation of Liability’ above for the complete provisions governing limitation of liabilities and disclaimers of warranty). ◦ In many instances, the content available through this mobile application represents the opinions and judgments of the respective information provider, User, or other users not under contract with BIAS. BIAS neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website by anyone other than authorized BIAS employee/spokespersons while acting in official capacities.
 ◦ Under no circumstances will BIAS be liable for any loss or damage caused by User’s reliance on information obtained through the Website. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice etc. or other content available through the Website. ◦ The Website contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by BIAS of the contents on such third-party websites and BIAS hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If the User decides to access linked third-party websites, the User does so at his/her own risk. ◦ Unless you have executed a written agreement with BIAS expressly permitting you to do so, you may not provide a hyperlink to the Website from any other website. BIAS reserves the right to revoke its consent to any link at any time in its sole discretion. RELATIONSHIP WITH OPERATORS IF THE PLATFORM IS ACCESSED THROUGH

MOBILE DEVICES: ◦ In the event the Platform is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google (each being an ‘Operator’). ◦ Your download, installation, access to or use of the Platform is also bound by the terms and conditions of the Operator. ◦ You acknowledge that these Terms of Use are concluded between you and BIAS only, and not with an Operator, and those Operators, are not responsible for the Platform and the content thereof to the extent specified in these Terms of Use. ◦ The license granted to you for the Platform is limited to a non-transferable license to use the Platform on a mobile device that you own or control and as permitted by these Terms of Use.
 ◦ BIAS shall be responsible for providing any maintenance and support services with respect to the Platform as required under applicable law. You acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform.
 ◦ You acknowledge that the relevant Operator, is not responsible for addressing any claims of you or any third party relating to the Platform or your possession and/or use of the Platform, including, but not limited to any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation.
 ◦ You acknowledge that, in the event of any third party claim that the Platform or your possession and use of the Platform infringes that third party’s intellectual property rights, the relevant Operator, will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
 ◦ You must comply with any applicable third party terms of agreement when using the Platform (e.g. you must ensure that your use of the Platform is not in violation of your mobile device agreement or any wireless data service agreement).
 ◦ You acknowledge and agree that the relevant Operator, and that Operator’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

ADVERTISEMENT ◦ BIAS may place advertisements in different locations on the mobile application and at different points during use of the Service. These locations and points may change from time to time – but we will always clearly mark which goods and services are advertisements (i.e. from persons other than us), so that it is clear to you which goods and services are provided on an objective basis and which are not (i.e. the advertisements).
 ◦ You are free to select or click on advertised goods and services or not as you see fit.
 ◦ Any advertisements may be delivered on our behalf by a Third Party Advertiser.
 ◦ No personal data (for example your name, address, email address or telephone number) will be used during the course of serving our advertising, but, on our behalf, our Third Party Advertiser or affiliate may place or recognise a unique “cookie” on your browser (see our Privacy Policy about this). This cookie will not collect personal data about you nor is it linked to any personal data about you. If you would like more information about this practice and to know your choices about not having this information used by any company, see our Privacy Policy for more information.

FORCE MAJEURE ◦ Without prejudice to any other provision herein, BIAS shall not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond BIAS’s control, including, without limitation, acts of the User, embargo or other governmental act, regulation or request affecting the conduct of BIAS’s business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labour difficulties, lightning, flood, windstorm or other acts of God.

MISCELLANEOUS ◦ This Agreement, our Terms of Sale and our Privacy Policy (including our Cookie policy) constitutes the entire agreement between the parties with respect to the subject matter hereof. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to this Agreement except as expressly stated in this Agreement. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied on when entering into this Agreement (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party’s ability to perform this Agreement) and that party’s only remedies shall be for breach of contract as provided in this Agreement. However, the Service is provided to you under our operating rules, policies, and procedures as published from time to time on the Website.
 ◦ No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.
 ◦ The section headings used herein are for convenience only and shall be of no legal force or effect.
 ◦ If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
 ◦ All provisions of this Agreement apply equally to and are for the benefit of BIAS, it subsidiaries, any holding companies of BIAS, its (for their) affiliated and it (or their) Third Party Content Providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties). 
 ◦ BIAS’s headquarters are in Delhi, India. Legal issues arising out of, but not exclusive to the use of, this Website or mobile application (unless otherwise specifically stated) are governed by and in accordance with the laws of India (exclusive of its rules regarding conflicts of laws) and the parties shall submit to the exclusive jurisdiction of the Courts in Delhi.

PRODUCTS/SERVICES TAKE DOWN POLICY: REPORTING VIOLATION OF INFRINGEMENT We want to list the products and services of genuine sellers on our website or mobile application in order to ensure that infringing products are removed from the site, as they affect your and genuine Seller’s valuable trust. We do not and cannot verify if the Sellers have the right or ability to sell or distribute their listed products or services. However, we are committed to removing any infringing or unlicensed product or service once an authorized representative of the rights owner properly reports them to us. We sincerely want to ensure that item listings do not infringe upon the copyright, trademark or other intellectual property rights of third parties. We have the ability to identify and request removal of allegedly infringing products and materials. Any person or company who holds intellectual property rights (such as a copyright, trademark or patent) which may be infringed upon by-products listed on BIAS is encouraged to report the same to the our Chief Operating Officer (COO) & Director.

CONTACT US In accordance with Information Technology Act 2000 and rules made there under, if you have any questions regarding our Privacy Policy or our Terms of Sale or Terms of Use of the site, you may contact our COO & Director, at the details mentioned below:

Name: Varun Arora
Address: Behavioural Insights, Architecture & Strategy (BIAS), CoWrks Aerocity, Indira Gandhi International Airport, WorldMark 1, Tower A, Aerocity, Delhi 110037
E-mail: varun@biasinc.in
Time: Mon to Fri (10:00 to 18:00).

This document is framed in accordance with Information Technology Act, 2000, rules framed thereunder and such other applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This is an electronic record which is generated by a computer system and does not require any physical or digital signatures.