Terms and Conditions / Consumers

Terms and Condition for consumers.

User Terms

These terms of use ("Terms of Use") mandate the terms on which users ("You" or "Your" or "Yourself"or "Users") interested in browsing or availing ByBuy Services(defined below), and accessing the platform www.ByBuy.in and the mobile application ByBuy app owned and operated by Tohands Private Limited (CIN : U74140MH2020PTC339387)("ByBuy ") collectively referred to as, the "Platform" connects with the merchants registered on the Platform ("Tied-up Merchants"), (hereinafter referred to as "Merchants") .

Please read the Terms of Use carefully before using the Platform or registering on the Platform or accessing any material or information through the Platform.By clicking on the "I Accept"button, You accept this Terms of Use and agree to be legally bound by the same.

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 this Terms of Use and Privacy Policy, along with any amendments made by ByBuy at its sole discretion and posted on the Platform from time to time.

For the purposes of these Terms of Use, the term 'ByBuy ' or 'Us' or 'We' refers to Tohands Private Limited. The term 'You' refers to the user or visitor of the Website and/or App. When You use our services, You will be subject to the terms, guidelines and policies applicable to such service and as set forth in these Terms of Use. As long as you comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use our Platforms and services.

PART A - GENERAL TERMS RELATING TO ByBuy SERVICES

1. Registration:

● a. You shall be permitted to access the Platform, avail the ByBuy Services and connect with Merchants and Delivery Partners on the Platform only upon creating an Account (as defined below) and obtaining a registration on the Platform. Your ability to continue using the Platform,ByBuy Services is subject to Your continued registration on the Platform. You will be required to enter Your personal information including your name, contact details, valid phone number while registering on the Platform.

● b. As a part of the registration, You may be required to undertake a verification process to verify Your personal information and setting up the Account.

● ByBuy shall have the right to display the information, feedback, ratings, reviews etc. provided by You on the Platform.You agree and accept that as on the date of Your registration on the Platform,the information provided by You is complete, accurate and up-to-date. In the event of any change to such information, You shall be required to promptly inform ByBuy of the same, in writing, at least 1 (one) week prior to the date on which such change shall take effect. You acknowledge and accept that ByBuy has not independently verified the information provided by You. ByBuy shall in no way be responsible or liable for the accuracy or completeness of any information provided by You. If You provide any information that is untrue, inaccurate, not current or incomplete, orByBuy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete,ByBuy reserves the right to suspend or terminate Your Account (defined below) and refuse any and all current or future use of the Platform (or any portion thereof) at any time.

2. ByBuy Services:

● a. The Platform provides You with the following services ("ByBuy Services"):

○ i. It allows You to connect with Merchants .

○ ii. It allows You to view the items/services ("Items")listed on the Platform by the Tied Up Merchants;

○ iii. It allows You to purchase/Order Item(s) from the Tied Up Merchants listed on the Platform .

○ iv. It allows You to give ratings, write comments and reviews about Merchants;

○ V. It allows you to Subscribe to Merchants onByBuy. And receive updates (Discounts, Offers or new arrival) from your subscribed Merchant.

○ vi. It facilitates improvement in the quality of the services provided by ByBuy on the Platform based on User ratings,reviews and feedbacks provided on the Platform.

● b. Once the Order have been completed or delivered, as the case may be, You shall promptly notify the same on the Platform.

● c. ByBuy may, at its absolute sole discretion, add,modify, upgrade, extend, withdraw or alienate any of the ByBuy Services listed above from time to time. ByBuy does not provide any guarantee to You that the ByBuy Services will be made available to You at all times.

● d. You hereby agree and acknowledge that ByBuy is only a facilitator between You, the Merchants (as the case maybe) and ByBuy only provides You with access to the Platform To connect with Merchants for You to initiate transactions on the Platform. You hereby agree and acknowledge that Buy will not be a party to any of the transactions that are initiated by You through the Platform and ByBuy shall not be liable in any manner or incur any liability with respect to the services performed by the Merchants, as the case may be. Further, You hereby agree and acknowledge that ByBuy shall not be liable for the conduct, acts and omissions of the Merchants (including their employees and consultants) and Delivery Partners in the course of providing their services to You, or for any loss or damage to the Item or otherwise caused to You as a consequence of or in relation to the services being provided to You by the Merchants or the Delivery Partner, as the case may be.

● e. You shall be eligible to avail the ByBuy Services as per applicable laws. If You are purchasing any medicinal product, using thePlatform, for which You are required to have a valid prescription from a medical practitioner, You shall, ensure that physician, as far as possible,prescribe drugs with generic names and he / she shall ensure that there is aclear prescription and will upload the same on the Platform, while initiating transaction with respect to the same on the Platform. Failure to do the same,shall result in cancellation of the transaction. Only upon verification of the medical prescription, will You be able to avail the ByBuy Services for purchasing the required medicines.
In case of Purchase Services, it is the duty of the Tied-Up Merchants to share the updated Item list along with its prices on the Platform. ByBuy shall not be responsible for any inaccurate Item listing on the Platform. Further, You hereby agree and acknowledge that for certain Items (Items that are perishable in nature or Item whose price varies periodically), it may not be possible for the Tied-Up Merchants to list out the exact price or prices of such Items on the Platform.

● f. You shall not initiate any transaction for any Item on the Platform which is illegal, immoral, unethical,unlawful, unsafe, contains harmful substance and is in violation of this Terms Of Use and applicable laws. You specifically agree that You shall not initiate any transaction on the Platform for the purchase or delivery of any alcoholic beverages, narcotic drug or psychotropic substance, etc.

● Further, You hereby acknowledge and agree that ByBuy shall not be liable for any indirect, direct damage or loss, cost, expense incurred by You in relation to the transactions initiated by You on the Platform.

● g., if it comes to the knowledge of ByBuy that you initiate a transaction for any Item on the Platform which is illegal, immoral, unethical,unlawful, unsafe, contains harmful substance and is in violation of this Terms Of Use and applicable laws. ByBuy shall have the right to report You to the government authorities and take other appropriate legal actions against You.

● h. You hereby acknowledge that ByBuy shall not be liable for any damages of any kind arising from Your use of the ByBuy Services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

● i. ByBuy shall be entitled at any time without giving any reason terminate Your request for any ByBuy Service.

● j. You hereby agree that ByBuy shall not be liable for any conduct or misbehaviour or actions of Delivery Partner with respect to any transactions initiated on the Platform. Further, You agree that ByBuy has no control over the Items provided to You by the Merchants and therefore, ByBuy shall not incur any liability with respect to such Items. However,keeping in mind the interests of the Users, We have informed our Merchants to ensure that Items are packaged properly to avoid any form of spillage or damage to the Item or any issues related to packaging.

● l. If a transaction initiated by You on the Platform cannot be completed, ByBuy shall notify You on the Platform.

● m. You agree to provide as much information as possible on the Platform with respect to the Items/services You Wish to purchase/avail, using the Platform.

● n. ByBuy shall use Your location based information that is captured by ByBuy through global positioning system when You are using Your mobile device to request a ByBuy Service on its mobile-app. Such Location based information shall be used by ByBuy only to facilitate and improve the ByBuy Services being offered to You.

● o. We can’t fulfil any tasks which are immoral or unlawful in nature. ByBuy reserves the right to refuse to perform any tasks on the grounds of such tasks being immoral/unethical/unlawful/banned either by ByBuy ’s internal policies or as per the independent discretion of ByBuy . ByBuy may also refuse to perform any task on the grounds that such task is prohibited under any contract to which we are party.

● p. You understand and acknowledge that ByBuy by itself does not sell or provide any such Items. ByBuy is not responsible for the quality, merchantability or fitness of such Items. Accordingly, in the event of any grievances arising from the transaction initiated by You on the Platform pertaining to purchase or sale of any product from any Merchant, You may contact ByBuy support for routing. your grievances to the Merchant through thePlatform Or Contact the merchant Directly.

● q. You hereby acknowledge that if You have any complaint with respect to the ByBuy Services, You will first inform ByBuy in writing within 24 (twenty four) hours of using such ByBuy Services.

3. User Information

a.You are solely responsible for and in control of the information You provide tous. Compilation of User Accounts and User Account bearing contact number and email addresses are owned by ByBuy . Further, You understand and agree that certain information will be case sensitive and must be handled with a prudent care.

b.In the case where the Platform is unable to establish unique identity of the User against a valid mobile number or e-mail address, the Account shall be indefinitely suspended. ByBuy reservesthe full discretion to suspend a User's Account in the above event and does not have the liability to share any Account information whatsoever.

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4. Payment Terms

● ByBuy Offer to modes of payment to Users :

1. Pay On delivery (POD)

2. Online payment.
In case of POD , users place an order on ByBuy from a merchant , then merchant delivers the orders and accept payment in cash / card or UPI.

In case of online payment , users place order and use online payment gateway integrated by the merchant to pay directly to the merchant and then merchant delivers the order to users.

● When You order on ByBuy from a Tied Up Merchant and use the online payment you pay directly to the merchant.And Merchant & Payment gateway is solely responsible for your payment &refund or whatever the case may be.

● You further agree and acknowledge that ByBuy is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website/app. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on ByBuy(app or website)

● Purchase Services: While initiating a request for a Purchase Service,You shall pay for the price of the Items You require from the Tied Up Merchant.The transaction for the Purchase Service will be initiated on the Platform once You have completed the payment for the same on the Platform.

● B. You agree that ByBuy may use certain third-party vendors and service providers, including payment gateways, to process the payments made by You on the Platform To Merchant.

5. Rating

● a. You agree that: (i) after completion of a transaction on the Platform, the Platform will prompt the User with an option to provide a rating and comments about the Delivery Partner(with respect to the services performed by the Delivery Partner) and Merchants(with respect to the Items sold/provided by them); and (ii) the Delivery Partner and the Tied-Up Merchants may also be prompted to rate You on thePlatform. Based upon such Delivery Partner and Merchant ratings, Your rating score on the Platform will be determined and displayed.

● b. ByBuy and its affiliates reserve the right to use,share and display such ratings and comments in any manner in connection with the business of ByBuy and its affiliates without attribution to or approval of Users and You hereby consent to the same.ByBuy and its affiliates reserve the right to edit or remove comments in the event that such comments include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws or ByBuy ’s or its affiliates’ content policies.

● c. Location: You acknowledge and agree that Your geo-location information is required for You to avail the ByBuy Services and initiate transactions on thePlatform. You acknowledge and hereby consent to the monitoring and tracking of Your Geo-location information. In addition, ByBuy may share Your geo-location information with Delivery Partners and Merchants (as the case maybe).

PART B -SPECIFIC TERMS FOR ByBuy SERVICES

6. Cancellation and Refund

● a. ByBuy shall confirm and initiate the execution of the transaction initiated by You upon receiving confirmation from You for the same. If You wish to cancel a transaction on the Platform, You shall select the cancel option on the Platform. It is to be noted that since payment is going directly to the merchant , Refund is responsibility of merchant.

On ByBuy you can cancel your order just after placing it, if order is not yet shipped from the seller , ByBuy will hit the refund api of payment gateway and initiate the refund process, however its responsibility of Merchant to initiate refund once the amount is settled in their account .

Once order is shipped , users cant cancel the order.

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● b. ByBuy may cancel the transaction initiated by You On the Platform, if:

○ The designated address to avail the ByBuy Services provided by You is outside the service zone of ByBuy .

○ Failure to get your response via phone or any other communication channel at the time of confirmation of the order booking.

○ The transaction involves supply/delivery/purchase of any material good that is illegal, offensive or violative of the Terms of Use.

○ [If the transaction involves the purchase of medicines for which a medical prescription prescribed by a medical practitioner is required and for which You have not provided such medical prescription or provided an invalid medical prescription.]

○ Information, instructions and authorisations provided by You is not complete or sufficient to execute the transaction initiated by You on the Platform.

○ If in case of tied-up Merchants,the Tied-Up Merchant outlet is closed.

○ If any Item for which You have initiated the transaction is not in stock with the Merchant.

○ If the transaction cannot be completed for reasons not in control of ByBuy .

○ If merchant don’t accept and ship your order within 48 hours.

● c. You shall only be able to claim refunds for transactions initiated by You only if You have already pre-paid the fees with respect to such transaction. Subject to relevant Merchant’s refund policy and in accordance therein, You shall be eligible to get the refund in the following circumstances:

○ If the wrong Item has been delivered to You, which does not match with the Item for which You had initiated a transaction on the Platform.

○ ByBuy has cancelled the order because of any reason mentioned under Para 6 (b) above.

○ All decisions with respect to refunds will be at the sole discretion of Merchant and in accordance with Merchant internal refund policy (Refund Metrix)and the same shall be final and binding. All refunds initiated by Merchants shall be refunded to the financial source account from which, You have initiated the transaction on the Platform.

7.Conditions of Sale (between Merchant and the User)

Please read these conditions carefully before placing an order for any products with the Merchant ("We" or "Our" or"Us", wherever applicable) on the ByBuy.in (the website/app). These conditions signify your agreement to be bound by these conditions.

In addition, when you use any current or future ByBuy.in service (eg: Marketplace or ByBuy Service), you will also be subject to the terms, guidelines and conditions applicable to that service ("Terms"). If these Conditions of Sale are inconsistent with such Terms, the Terms will control.

1. Conditions Relating to the Sale of Products to You

This section deals with conditions relating to the sale of products on the website by us to you.

2. Our Contract

Your Order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, you will receive an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when the product is dispatched to you and an e-mail confirmation is sent to you that the product has been dispatched to you (the "Dispatch Confirmation E-mail"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between you and us for the product(s) specified in that Dispatch Confirmation E-mail.

Your contract is with us (the Sellers) and you confirm that the product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale or business purpose. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the website.

You can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail relating to that product.

Please note that we sell products only in quantities which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.

PART C:GENERAL TERMS OF USE

10. Eligibility to Use

a.The ByBuy Services are not available to minors i.e. persons under the age of 18 (eighteen) years or to any Users Suspended or removed by ByBuy from accessing the Platform for any reason whatsoever. You represent that You are of legal age to form a binding contract and are not a person barred from receiving using or availing ByBuy Services under the applicable laws.

b.ByBuy reserves the right to refuse access to the Platform, at any time to new Users or to terminate or suspend access granted to existing Users at any time without according any reasons for doing so.

c.You shall not have more than 1 (one) active Account (as defined below) on thePlatform. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purposing of creating an account with the Platform.

11. User Account, Password, and Security

● a. In order to use the Platform And avail the ByBuy Services, You will have to register on the Platform and create an account with a unique user identity and password ("Account").If You are using the Platform on a compatible mobile or tablet, You will have to install the application and then proceed with registration.

● b. 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 (i)immediately notify ByBuy of any unauthorized use of Your Account information or any other breach of security,and (ii) [ensure that You exit from Your Account at the end of each session.]ByBuy 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 ByBuy 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.Use of another User’s Account Information for using the Platform is expressly prohibited.

12. Representations and Warranties

● a. Subject to compliance with the Terms of Use, ByBuy grants You anon-exclusive, limited privilege to access and use this Platform and theByBuy Services.

● b. You agree to use the Platform only: (i) for purposes that are permitted by this Terms of Use; and (ii) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by ByBuy our Delivery Partner(s) or Merchants or other Users.

● c. You represent and warrant that You have not received any notice from any third party or any governmental authority and no litigation is pending against You in any court of law, which prevents You from accessing the Platform and/or availing the ByBuy Services.

● d. You represent and warrant that You are legally authorised to view and access the Platform and avail theByBuy Services.

● e. You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by ByBuy . You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any ByBuy Property, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.

● f. You acknowledge and agree that by accessing or using the Platform, You may be exposed to content from others that You may consider offensive, indecent or otherwise objectionable.ByBuy disclaims all liabilities arising in relation to such offensive content on the Platform.

● g. Further, You undertake not to:

○ defame, abuse, harass, threaten or otherwise violate the legal rights of others;

○ publish, post, upload,distribute or disseminate any inappropriate, profane, defamatory, infringing,disparaging, ethnically objectionable, obscene, indecent or unlawful topic,name, material or information;

○ do any such thing that may harm minors in any way;

○ copy, republish, post, display,translate, transmit, reproduce or distribute any ByBuy Property through any medium without obtaining the necessary authorization from ByBuy ;

○ conduct or forward surveys,contests, pyramid schemes or chain letters;

○ upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;

○ upload or distribute files or documents or videos (whether live or pre-recorded) that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer;

○ engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform);

○ attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any ByBuy server, or through the Platform, by hacking, password mining or any other illegitimate means;

○ probe, scan or test the vulnerability of the Platform or any network connected to the Platform, norbreach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information,other than Your own information, as provided on the Platform;

○ disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources,accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;

○ collect or store data about other Users, Merchants, Delivery Partner in connection with the prohibited conduct and activities set forth herein;

○ use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;

○ use the Platform or any material or ByBuy Property for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties;

○ falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

○ impersonate any other User,Merchant, Delivery Partner or person;

○ violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;

○ violate the Terms of Use Contained herein or elsewhere;

○ threatens the unity, integrity,defence, security or sovereignty of India, friendly relation with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting for any other nation; and

○ reverse engineer, modify, copy,distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.

● h. You agree and acknowledge that the use of the ByBuy Services offered by ByBuy is at Your sole risk and that Buy disclaims all representations and warranties of any kind, whether express or implied as to condition,suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.

● i. Without prejudice to the above, ByBuy makes no representation or warranty that the ByBuy Services will meet Your requirements.

● j. All materials/content on our Platform (except any third party content available on the Platform), including,without limitation, names, logos, trademarks, images, text, columns, graphics,videos, photographs, illustrations, artwork, software and other elements(collectively, "Material")are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by ByBuy . You acknowledge and agree that the Material is made available for limited, non-commercial, personal use only.Except as specifically provided herein or elsewhere in our Platform, no Material may be copied, reproduced, republished, sold, downloaded, posted,transmitted, or distributed in any way, or otherwise used for any purpose other than the purposes stated under this Terms of Use, by any person or entity,without ByBuy ’s prior express written permission. You may not add, delete,distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize our Platform or any part of the Material for any purpose other than its intended purposes is strictly prohibited. Subject to the above restrictions under this Clause,ByBuy hereby grants You a non-exclusive,freely revocable (upon notice from ByBuy ), non-transferable access to view the Material on the Platform.

13. Intellectual Property Rights

● a. The Platform and process, and their selection and arrangement, including but not limited to, all text,videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork, algorithm and computer code (and any combination thereof),except any third party software available on the Platform, is owned by ByBuy ("ByBuy Property") and the design, structure, selection, co-ordination, expression, look and feel and arrangement of such ByBuy Property is protected by copyright, patent and trademark laws, and various other intellectual property rights. You are not permitted to use ByBuy Property without the prior written consent of ByBuy .

● b. The trademarks, logos and service marks displayed on the Platform ("Marks") are the property of ByBuy , except any trademark,logos and service marks of third parties available on the Platform. You are not permitted to use the Marks without the prior consent of ByBuy or such third party as may be applicable.

14. Disclaimer of Warranties &Liabilities

You Expressly understand and agree that, to the maximum extent permitted by applicable law:

● a. The Platform and ByBuy Property, ByBuy Services are provided by ByBuy on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, ByBuy makes no warranty that (i) the Platform,ByBuy Services will meet Your requirements or Your use of the Platform will be uninterrupted, timely, secure or error-free; (ii) the quality of the Platform will meet Your expectations; or(iii) any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by You from ByBuy shall create any warranty not expressly stated in the Terms of Use.

● b. ByBuy will have no liability related to any Usercontent arising under intellectual property rights, libel, privacy, publicity,obscenity or other laws. ByBuy also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content.

● c. ByBuy will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform either with or without Your knowledge.

● d. ByBuy shall not be responsible for the delay or inability to use the Platform, ByBuy Services or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, ByBuy shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform That may occur due to technical reasons or for any reason beyond ByBuy 'control. You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your Computer systems or loss of data that results from the download of such material or data.

15. Indemnification and Limitation of Liability

● a. You agree to indemnify,defend and hold harmless ByBuy and its affiliates including but not limited to its officers, directors, consultants,agents and employees ("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 obligation, covenant, representation or warranty by You pursuant to these Terms of Use. 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, ByBuy Services, any misrepresentation with respect to the data or information provided by You in relation to the Account, Your Violation of the Terms of Use, or Your violation of any rights of another,including any intellectual property rights.

● b. 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 or ByBuy Property on the Platform.

● c. You indemnification obligation under the Terms of Use will survive the termination of Your Accountor use of the Platform or ByBuy Services.

● d. Subject to applicable laws,in no event will ByBuy or its employees aggregate liability, arising from or related to the ByBuy Services or the use of the Platform shall not exceed INR 100 for any and all causes of actions brought by You or on behalf of You.

● e. The Platform and the ByBuy Services are only available to Users located in India. Users shall not access or use the Platform from another jurisdiction except for India. If a User access or uses the Platform from any other jurisdiction except for India, the User shall be liable to comply with all applicable laws and ByBuy shall not be liable for the same, whatsoever.

16. Violation of the Terms of Use

You Agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company/Client, as the case may be, for which monetary damages would be inadequate, and You consent to the Company/Client 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/Client May have at law or in equity. If Company/Client takes any legal action against You as a result of Your violation of these Terms of Use, 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.

17. Additional Terms

a.We may also require You to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the Platform. These additional terms shall form a part of this Terms of Use,and You agree to comply with them when You participate in those promotions, or otherwise engage in activities governed by such additional terms.

b.Each , merchant on ByBuy has terms and condition of their own and when you make a purchase from a merchant you must read and agree to those terms as well.

18. Link to Third Parties

a.The Platform may contain links to other sites owned by third parties (i.e.advertisers, affiliate partners, strategic partners, or others). ByBuy shall not be responsible for examining or evaluating such third party websites, and ByBuy does not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of such third party websites.ByBuy does not assume any responsibility or liability for the actions, product, and content of any such third party websites. Before You use/access any such third-party websites, You should review the applicable terms of use and policies for such third party websites.If You decide to access any such linked third party website, You do so at Your Own risk.

19. Term and Termination

a.The Terms of Use will continue to apply until terminated by either You or Buy as set forth below. If You object to the Terms of Use or are dissatisfied with the Platform, ByBuy Services, Your only recourse is to (i) close Your Account on the Platform by writing to Us bybuy.legal@gmail.com; and/or (ii) stop accessing the Platform.ByBuy will make Your account dormant upon receipt of request in writing.

ByBuy may, in its sole discretion, bar your use of the ByBuy Services at any time, for any or no reason. Even after your account with ByBuy is disabled, dormant or made inactive, the terms agreed by You at the time of registration will remain in effect. This Termination shall be effective only once You have cleared all Your dues that You are liable to pay as per the provisions of this Terms of Use.

b.The Company 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 Use or anyway otherwise acted unethically.

c.Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until ByBuy chooses to terminate them.

d.You hereby agree and acknowledge, upon termination, ByBuy shall have the right to retain all information pertaining to the transactions initiated by You on the Platform.

20. Governing Law

This Terms of Use 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 Mumbai.

21. Report Abuse

In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Platform, please report the same to the following e-mail id: bybuy.legal@gmail.com In Case You have any queries with respect to the Terms or the ByBuy Services, please write to Us at bybuy.legal@gmail.com

22. Communications

You Hereby expressly agree to receive communications by way of SMSs and/or e-mails from ByBuy , or other third parties. You can unsubscribe/ opt-out from receiving communications through SMS and e-mail anytime by contacting us for the same. However, You may still receive communications from Your end with respect to Your use of the ByBuy Service.

23. General

● a. Amendments: ByBuy reserves the unconditional right to modify or amend this Terms of Use without any requirement to notify You of the same. You can determine when this Terms of Use Was last modified by referring to the "Last Updated" legend above. It shall be Your responsibility to check this Terms of Use periodically for changes. Your acceptance of the amended Terms of Use shall signify Your consent to such changes and agreement to be legally bound by the same.

● b. Notice: All notices from ByBuy will be served by email to Your registered email address or by general notification on the Platform.

● c. Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. ByBuy ’s rights under the Terms of Use are freely transferable by ByBuy to any third party without the requirement of informing You or seeking Your consent.

● d. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, 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 Use shall continue in full force and effect.

● e. Waiver: Any failure by ByBuy to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by ByBuy of that provision or right.

● f. Integration: These Terms of Use together with ByBys Privacy Policy and any other legal notices, communications published by ByBuy on its Platform, and any other agreement executed between You and ByBuy shall constitute the entire agreement between you and ByBuy concerning its Platform, ByBuy Services and governs Your use of the Platform And ByBuy Service, superseding any prior agreements between You and ByBuy with respect to the Platform and ByBuy Service

● g. IP Infringement If You believe the Platform violates Your Intellectual property, You must promptly notify ByBuy in writing at [ bybuy.legal@gmail.com ] These notifications should only be submitted by the owner of the intellectual property or an agent duly authorized to act on his/her behalf.However, any false claim by You may result in the termination of Your access to the Platform. You are required to provide the following details in Your notice:
i. the intellectual property that You believe is being infringed;
ii. the item that You think is infringing and include sufficient information about where the material is located on the Platform;
iii. a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner,its agent, or the law to be used in connection with the Platform;
iv. Your contact details, such as Your address, telephone number, and/or email;
v. a statement that the information You provided in Your notice is accurate,and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
vi. Your physical or electronic signature.