1. Terms & Policies
- The Website is operated and owned by BPHC (hereinafter referred to as “we”, “us” or “our”), a company registered in Bangalore, India.
- In order to access certain features of the Website and to book an order you must register to create an account (“BPHC Account”) and become a Member. You may register to join the Services directly via the Website or as described in this section.
- You can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Website, as described below. As part of the functionality of the Website and Services, you may link your BPHC Account with Third Party Accounts, by either:
- providing your Third Party Account login information to us through the Website or Services; or
- allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
- You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.
- By granting us access to any Third Party Accounts, you understand that we will access, make available and store (if applicable) any content or information that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Website and Services via your BPHC Account and BPHC Account profile page.
- Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your BPHC Account on the Website and Services.
- Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Website and Services.
- You have the ability to disable the connection between your BPHC Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Website. Please note that your relationship with the third party service providers associated with your third party accounts is governed solely by your agreement(s) with such third party service providers. We make no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and we are not responsible for any SNS Content.
- We will create your BPHC Account and your BPHC Account profile page for your use of the Website based upon the personal information you provide to us.
- You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
- We reserve the right, at our sole discretion, to suspend or terminate your BPHC Account and your access to the Website and Services if you create more than one (1) BPHC Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
- You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your BPHC Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your BPHC Account.
- If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
- As a company registered in India, we have complied with applicable laws of India in making the Website and its content available to you. In the event the Website is accessed from outside India, it shall be entirely at your risk. We make no representation that the Website and its contents are available or otherwise suitable for use outside India. If you choose to access or use the Website from or in locations outside India, you do so at your own risk and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorizations, rules and guidelines.
- You understand and agree that the use of the Website does not include the provision of the Devices or other necessary equipment to access it. You also understand and acknowledge that the use of the Website requires an Internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Website and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
- By using the Website you represent and warrant that:
- All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.
- Your use of the Website shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
- You will not use the Website in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
- You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Website.
- You will not use another person’s username, password or other account information, or another person's name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
- You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "grieving" as those terms are commonly understood and used on the Internet.
- You will not delete or modify any content of the Website, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
- You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.
- You shall not access the Website without authority or use the Website in a manner that damages, interferes or disrupts:
- any part of the Website or the Website software; or
- any equipment or any network on which the Website is stored or any equipment of any Third Party.
Access to the Website, Accuracy and security
- We endeavour to make the Website available to you 24 hours a day. However, we do not represent that access to the Website will be uninterrupted, timely, error-free, and free of viruses or other harmful components or that such defects will be corrected.
- We do not warrant that the Website will be compatible with all hardware and software, which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Website or your obtaining any material from, or as a result of using, the Website. We shall also not be liable for the actions of third parties.
- We do not represent or warrant that the information available on the Website will be correct, accurate or otherwise reliable.
- We reserve the right to suspend or withdraw access to the Website to you personally, or to all users temporarily or permanently at any time without notice.
- This website may be under constant upgrades, and some functions and features may not be fully operational.
- Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on this website or delay or errors in functionality of the website. As a result, we do not represent that the information posted is correct in every case.
- We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards.
- You acknowledge that third party services are available on the website. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to you. However, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party's services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third party’s services.
- While the materials and advice provided on this website were prepared to provide accurate information regarding the subject discussed, the information contained in these materials and advice is being made available with the understanding that we make no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, we do not, in any way, endorse any services or products offered or described herein. In no event shall we be liable to you or any third party for any decision made or action taken in reliance on such information.
- The information provided hereunder is provided “as is”. We and / or our employees make no warranty or representation regarding the timeliness, content, sequence, accuracy, effectiveness or completeness of any information or data furnished hereunder or that the information or data provided hereunder may be relied upon. Multiple responses may usually be made available from different sources and it is left to the judgement of users based on their specific circumstances to use, adapt, modify or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving us as well as our consultants, business associates, affiliates, business partners and employees from any kind of professional liability.
- We shall not be liable to you or anyone else for any losses or injury arising out of or relating to the information provided on this website. In no event will we or our employees, affiliates, authors or agents be liable to you or any third party for any decision made or action taken by your reliance on the content contained herein.
- In no event will we be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any third party or vendor accessed through this website, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages.
- BPHC disclaims all liability for any adverse effects caused by any goods purchased through the website. BPHC neither represents nor warrants that use of cosmetic, therapeutic, medicinal, natural, etc., products sold through the website will have the desired results.
- We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it by us. Copyright laws and treaties around the world protect those works. All such rights are reserved.
- You must not use any part of the materials on the Website for commercial purposes without obtaining a license to do so from our licensors or us.
- BPHC does not own the rights to any material or content uploaded by any Member. We disclaim all liability in relation to any claims of intellectual property infringement that may arise as a result of any material or content uploaded by any Member.
Treatment of information provided by you
- You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable license to use any material, which you submit to us or the Website for the purpose of use on the Website or for our generally marketing (by any means and in any media, including, but not limited to, on our website or in our journals) our services. You agree that you waive your moral rights to be identified as the author and we may modify your submission.
Third Party Content
- You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
Governing law and dispute resolution
Orders and Financial Terms
- As a general rule, all Orders made are treated as confirmed. Once BPHC receives notification of the order, we will confirm the Order on the Website. Upon the successful confirmation of an Order, we will share details of the Order with the Shipper / Courier Company to enable them to fulfil the Order. Details shared including but not limited to (i) the first and last name, and (ii) BPHC delivery address.
- “Force Majeure Event” shall mean any event that is beyond our reasonable control and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action or any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to your mobile or storage device, crashes, breach of security and encryption.
- “Personal Information” refers to any information that identifies or can be used to identify, contact or locate the person, to whom such information pertains including, but not limited to, name, age, gender, address, phone number, email address and Third Party Accounts, disclosed by you in relation to the services available on the Site.
- "Financial Information" refers to any information including but not limited to bank account details, credit / debit card details, CVV Number or other payment instrument details, including but not limited to the Member's bank's address, phone number, branch name, IFSC and MICR codes, Permanent Account Number, Tax Deduction and Collection Account Number, Tax Payer Identification Number (VAT/CST/Sales Tax Number), etc.
- “Sensitive personal data or information” consists of information Personal Information and Financial Information relating to the following:
- Financial Information;
- physical, physiological and mental health condition;
- sexual orientation;
- medical records and history;
- Biometric information;
- any detail relating to the above clauses as provided to body corporate for providing service; and
- any of the information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise:
- “Third Party” refers to any person or entity other than you or us.
Personal Information that may be collected and manner of its use
- Information collected from Members: BPHC collects Personal Information and Financial Information of its Members for the performance of the Services. BPHC may also collects information contained in e-mails and letters and Personal Information of the Members sent to BPHC.
- Information may be collected from Members in the following manner:
- Typing – in – data (when a Member registers for the Services by creating a BPHC Account or by signing up through an existing Third Party Account, or types a message to send to us or another Member, or type a search request, or complete an optional form, or submits a review);
- Uploading a document, image or other data file; or
- Authorising us or other users and Members or other Third Parties to import or retrieve information on your behalf or, including, without limitation, your employees, and in applicable instances, sensitive personal data or information found in your network on Social Networking Sites ("SNS").
- You can also register to join by logging into online accounts you may have with Third Party SNS (e.g. Facebook); each such account, a "Third Party Account", via our Website as described below. As part of the functionality of the Website and Service, you may link your BPHC Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to us through the Website or Service; or (ii) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by the applicable SNS. If you decide to register by logging into a Third Party Account via our Website, we will obtain the Personal Information you have provided to the applicable SNS (such as your "real" name, email address, profile picture, names of SNS friends, names of SNS groups to which you belong, other information you make publicly available via the applicable SNS and/or other information you authorize BPHC to access by authorizing the SNS to provide such information) from your Third Party Accounts and use that information to create your BPHC Account and BPHC Account profile page and you will become a Member. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, you understand that by granting us access to the Third Party Accounts, we will access, make available and store (if applicable and as permitted by the SNS and authorized by you) the information in your Third Party Accounts so that it is available on and through your BPHC Account on the Website and Service. If there is information about your "friends" or people with whom you are associated in your Third Party Account, the information we obtain about those "friends" or people with whom you are associated, may also depend on the privacy settings such people have with the applicable SNS.
- Authenticate your login information;
- Enable security features;
- Improve and develop the features of the Site;
- Save Member preferences;
- Preserve session setting and activity; and
- Allow Members to auto-fill sign–in pages of websites they frequently visit.
- Please feel free to change your browser settings if you do not wish to accept cookies. However, please note that changing your browser setting may affect your experience on the Site.
- Third Party Tools: We work with certain Third Parties who deploy their own Engagement Tools (as defined below) on our Services. In some instances the Third Party performs services exclusively for BPHC and in other cases they may retain and use data they collect from publicly available information.
- Engagement Tools: In addition to the cookies, we may also collect information to enable us to better understand you so that we can improve the quality of the Service and your user experience; to assist our Seller service and technical support personnel; and put processes in place to prevent fraud and unlawful use. In an effort to make the Site effective and improve the Site, certain information may be collected each time you access the Site. Such information may be saved in server logs in an encrypted form, which may not identify you personally. Such information or data may include, but shall not limit to, IP address, your server details, duration of your visit, date, time or purpose of your visit, your past transactions, etc. The above-mentioned data may be used by us and may be shared with our sponsors, investors, advertisers, developers, strategic business partners or other associates for analytics and to enhance and grow the user experience in relation to the Site.
- Uses of the information collected: We make all efforts to ensure that we collect only such Personal Information and Sensitive personal data or information that we believe to be relevant in order to record, support, and facilitate your access to the Site.
- General use: Information collected from Members such as the current location, browser information and IP address is collected and stored to provide better web experience. In addition to the foregoing, BPHC uses the information collected for purposes, including but not limited to:
- Operating, maintaining, managing and administering our Services, including processing registrations and payments, and providing Seller support;
- Responding to questions and communications, which we retain in the ordinary course of business;
- Administrative announcements about features, functionality, terms or other aspects of our Services; and, if applicable, informing you about offers for services or products we believe may be of interest, although the Member may opt out of this service;
- Safeguarding and protecting our Services, the information they safeguard, the rights of third parties and in response to legal process, in each case;
- Auditing, research, measurement and analysis in order to maintain, administer, enhance and protect our Services, including analysing usage trends and patterns and measuring the effectiveness of content, advertising, features or services;
- Creating new features and services;
- Contextual and cookie-based automated content delivery, such as tailored search results; and
- Sensitive personal data or information: Sensitive personal data or information belonging to the Members such as addresses may be collected, stored by BPHC order to complete billing and shipping related formalities. Sensitive personal data or information of the Members will be used for the purpose of shipping of the Order and for storage and maintaining of database for use by us.
- One-on-One Communications: Our Services can be used to facilitate one-on-one communications between Members only for the limited purposes of facilitating the delivery of a confirmed Order, inquiring about a confirmed Order, and seeking a return/exchange of a confirmed Order. Under no other circumstance will the Members be permitted to interact with each other. While using such one-on-one communication Services you as a Member are expected to maintain civility. Further, we encourage Members to be mindful when sharing their sensitive personal data or information such as phone numbers and email addresses, and advice Members not to publish such data publicly.
- Sharing information with Third Party service providers in relation to the Site: To the extent necessary to provide you the Site, we may provide your Personal Information to Third Party contractors who work on behalf of or with us to provide you with such services, to help us communicate with you or to maintain the Site. By submitting your Financial Information, you expressly consent to the sharing of your information with Third Party payment processors, other Third Party services for the use of the Services.
- Retention of information: BPHC retains the right to maintain copies of all information submitted on the Site, including but not limited to, Personal Information and Sensitive personal data and information in encrypted form for its records.
Link to Third Party apps and websites
- We strive to ensure the security, integrity and privacy of your Personal Information and to protect your Personal Information against unauthorized access or unauthorized alteration, disclosure or destruction.
- BPHC shall not publish or disclose Personal Information and Sensitive personal data or information unless it is required for the provision or performance of the Services, or as mandated by law. When a User places a request for information through the Site, BPHC will share the User’s personal information to authorized persons employed by BPHC to answer the User’s queries. Such persons will be bound by strict non-disclosure and confidentiality agreements to keep the User’s information safe and secure.
- BPHC requires all third parties with whom it shares any Sensitive personal data or information to implement the same level of data protection that BPHC has adopted, as provided for under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (Privacy Rules).
- We are not responsible for any breach of security or for any actions of any Third Parties that receive your Personal Information or otherwise. The Services are also linked to many other sites and we are not/shall be not responsible for their privacy policies or practices as it is beyond our control.
- Testimonials: With your consent we may post your testimonial on the Site along with your name. If you want your testimonial removed please contact us.
- Our Policy Regarding Children: The Site is not directed to individuals under 18. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.