Terms and Conditions

The BhaApp app is owned and operated by Oxysmart Private Limited under its brand name “BhaApp“.

Your access and use of BhaApp (“App“) and its subdomains are governed by these Terms of Use and Privacy Policy (“Terms of Use”). Please take a few minutes to read through the same. Your use of this App constitutes your agreement to adhere to and be bound by these Terms of Use. If you do not agree with these Terms of Use, please do not access and use this App. For the purposes of these Terms of Use, “we”, “our” and “us” shall mean BhaApp App and “you” and “your” shall mean a Seller/Buyer (both as defined below), who meets the eligibility criteria set out below.

TERMS AND CONDITIONS SUBJECT TO CHANGE

We reserve the right to update or modify these Terms of Use at any time without prior notice. Your access and use of this BhaApp App following any such change constitutes your agreement to follow and be bound by these Terms of Use as updated or modified. For this reason, we encourage you to review these Terms of Use each time you access and use this BhaApp App.

ELIGIBILITY

You represent and warrant that you are competent and eligible to enter into a legally binding agreement and be bound by these Terms of Use. You shall not access and use this BhaApp App if you are not competent to contract under the applicable laws, rules and regulations set out herein this BhaApp App.

You shall not access this BhaApp App and avail of the services if you are not eligible to do so.

BHAAPP APP PRODUCTS

BhaApp creates an online market place, as a mediator, for the sale / purchase of various products and services, wherein the different buyers and sellers can come on to this platform for the sale and purchase of products.

Please refer BhaApp Mobile App for the latest list of products and services along with the pricing.

CANCELLATION & REFUND POLICY

BhaApp is committed to providing exceptional customer service and has implemented a straightforward cancellation and refund policy to efficiently assist our customers.

If customers receive the wrong product or wrong quantity, they can request a refund from the respective vendor. The vendor will review and approve the refund, deducting any applicable transactional or delivery fees. The refund should be processed within 5 business days from the approval date by the vendor.

If you have been charged for a product or service but did not receive a payment confirmation due to technical issues, please send an email to info@bhaapp.com. We will investigate the issue and process the refund accordingly. After verifying the issue, we will initiate the refund, which should reflect in your account within 5-10 business days.

REGISTRATION

All sellers and buyers are required to register in BhaApp App in order to sell or buy on the BhaApp platform. Sellers & Buyers shall download BhaApp App from Play Store and register.

Play store link for Buyers module:https://play.google.com/store/apps/details?id=com.bhaapp.bha_app_customer

Play store link for Sellers module:https://play.google.com/store/apps/details?id=com.bhaapp.bha_app_vendor

ACCOUNT AND REGISTRATION RESPONSIBILITY:

You shall be responsible for maintaining the confidentiality of your User ID and Password and you shall be responsible for all activities that occur under your User ID and Password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms of Use, we shall have the right to indefinitely suspend or terminate or block access of your membership on the Website or BhaApp App and refuse to provide you with access to the Website or BhaApp App.

USE OF BHAAPP APP

You agree and acknowledge that we are not involved in the sale, purchase or procurement of the products and services listed on this BhaApp App. We are only an aggregator of the products and services and do not have control in any manner whatsoever over any transaction that is undertaken between a Buyer and Seller. We are not involved in any transaction between any parties who are using our BhaApp App. There are risks, which you assume when dealing with Buyers / Sellers as the case may be, and the same shall be borne by you. The BhaApp App is a venue only and we do not screen / censor and/or otherwise control all the listings offered to you. However, on a best effort basis, we endeavor to verify the credentials of the Sellers and seek certain KYC documents from them before onboarding them on the BhaApp App. It is extremely important that you take care to act in a prudent and diligent manner throughout your dealing with Sellers or Buyers as you would if you were dealing with them directly on a principal to principal basis.

We shall not mediate or attempt to get involved in and resolve any disputes or disagreements inter-se between Sellers, Buyers and/or Sellers and Buyers.

You further agree and undertake that you are accessing the BhaApp App, availing of the services and transacting with the Sellers / Buyers, as the case may be, at your sole risk and are using your best and prudent judgment before entering into any such transactions.

ELECTRONIC COMMUNICATION

By accepting this Terms of Use, you expressly grant your consent to receive notices and communication electronically from us unless expressly intimated to us otherwise. Communications shall be posted on the BhaApp App and all such communications will be deemed to be in “writing” and received by you when posted thereon. You are responsible for printing, storing, and maintaining your own records of such communications. All notices and communications to us should be sent to the designated email address(es) provided for herein.

PRIVACY POLICY

Access to and use of this BhaApp App is subject to our Privacy Policy. We respect your privacy. We will not intentionally monitor or disclose any private messages or address information unless required by law, regulation or court order. You agree to respect the privacy and confidentiality of others.

BANK / DEBIT/CREDIT CARDDETAILS

You agree, understand and confirm that the bank, credit or debit card details provided by you for registering as a Seller or Buyer on this BhaApp App will be correct and accurate and you shall not use the credit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid bank, credit or debit card details to us. Further the said information will not be utilized and shared by us with any of the third parties unless required by law, regulation or court order.

INDEMNIFICATION

You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your access and use of this BhaApp App, including, without limitation, your access and use of this BhaApp App in violation of this Terms of Use.

DISCLAIMER

You agree that you are selling/buying the products or services at your own risk. The products and services are provided on an “as is” and on an “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We cannot guarantee that the products or services provided through the BhaApp App will meet any specific standards (such as quantity, quality, facilities, features, etc.), and thus we provide no warranty in this regard.

There are no representations and warranties, whether express or implied, made by us regarding the accuracy of the descriptions and/or quality of any product/services.

All information that is provided to us and is uploaded on this BhaApp App is accepted in good faith and we accept no responsibility whatsoever regarding the bona fides thereof.

You shall ensure that while selling / buying the products, all prevailing and applicable laws, rules and regulations, shall at all times, be strictly complied by you and we shall not be liable in any manner whatsoever for default of any nature regarding the same, by you.

We do not warrant that this BhaApp App or any of the BhaApp Apps linked to the BhaApp App be free of any operational hazards or errors nor that it will be free of any virus or/and worm or/and any other harmful components.

LIMITATION OF LIABILITY

ACCESS TO THIS BHAAPP APP AND THE PRODUCTS PROVIDED FOR HEREIN ARE AVAILABLE TO USE AS A MATTER OF CONVENIENCE. YOU AGREE AND ACKNOWLEDGE THAT YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR CONDUCT AND THAT WE RESERVE THE RIGHT TO TERMINATE YOUR RIGHT TO ACCESS AND AVAIL OF THE BUYING/SELLING IMMEDIATELY, WITHOUT PREJUDICE TO INITIATING PROCEEDINGS UNDER THE RELEVANT PENAL PROVISIONS UNDER THE INDIAN INFORMATION TECHNOLOGY ACT OR ANY OTHER ALLIED LAWS ENACTED BY THE GOVERNMENT OF INDIA OR ANY OTHER STATUTORY, LEGISLATIVE OR REGULATORY AUTHORITY THAT MAY HAVE JURISDICTION OR BE AUTHORIZED TO DO SO IN THIS REGARD FROM TIME TO TIME.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS, USE OR PERFORMANCE OF THIS BHAAPP APP’S SERVICES OR FOR INTERRUPTED COMMUNICATIONS, DELAY, ETC., EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, OR INABILITY TO USE THIS BHAAPP APP, THE PROVISION OF OR FAILURE TO PROVIDE THE PRODUCTS, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS BHAAPP APP OR ANY OTHER SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE CLAUSE SHALL SURVIVE IN PERPETUITY.

MAXIMUM EFFECT

The laws of certain jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have rights in addition to those contained in this Terms of Use. Under such circumstances, our and our affiliates’ (and our and their respective employees, shareholders, directors, agents and representatives) liability shall be limited to the greatest extent permitted by law.

REQUESTING PAPER COPIES

Communications will not be distributed in paper unless you contact us and request a paper version of a particular document. We reserve the right to charge you and collect a handling fee first for any notices that we physically mail to you at your request or because your email address fails.

ASSIGNMENT

You may not assign or transfer any rights, obligations, or privileges that you have under this Terms of Use without our prior written consent. Subject to the foregoing, these Terms of Use will be binding on each of your successors and permitted assigns. Any assignment or transfer in violation of this clause will be deemed null and void.

NO WAIVER

We will not be considered to have waived any of our rights or remedies, or portion of them, unless the waiver is in writing and signed by us. Our failure to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms of Use.

NO AGENCY

Nothing in these Terms of Use is intended to or creates any type of joint venture, employee-employer, creditor-debtor, escrow, partnership, or any fiduciary relationship between you or us or our affiliates. Further, except as expressly provided: (i) neither you nor us shall be deemed to be an agent or representative of the other by virtue of these Terms of Use; (ii) neither you nor us is authorized to, or will attempt to, create or assume any obligation or liability, express or implied, in the name of or otherwise on behalf of the other; and (iii) without limiting the generality of the foregoing, neither you nor us will enter into any contract, agreement, or other commitment, make any warranty or guaranty, or incur any obligation or liability in the name or otherwise on behalf of the other.

GOVERNING LAW AND JURISDICTION

These Terms of Use are governed and construed in accordance with the Laws of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Bangalore, Karnataka, India, in the event of any disputes arising out of or relating to the access and use of this BhaApp App and the selling and buying. Access and use of this BhaApp App is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph. Our performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of this BhaApp App or the buying and selling through BhaApp App or information provided to or gathered by us with respect to such use.

VALIDITY OF TERMS OF USE

These Terms of Use shall apply when you access the BhaApp App and avail of the features and facilities and shall extend to your User Content, if any, for so long as it remains on this BhaApp App.

ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between us with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

PRIVACY POLICY

We respect your privacy. This Privacy Policy provides succinctly the manner your data is collected and used by us. You are advised to thoroughly read the Privacy Policy carefully. By accessing and using this BhaApp App, you agree to the collection and use of your data by us in the manner provided in this Privacy Policy.

INFORMATION THAT IS OR MAY BE COLLECTED FROM YOU

We will automatically receive and collect certain anonymous information in standard usage logs through our web server, including computer-identification information obtained from “cookies” sent to your browser from:

  1. web server cookie stored on your hard drive;
  2. an IP address, assigned to the computer/mobile which you use;
  3. the domain server through which you access our service;
  4. the type of computer/mobile you’re using; and
  5. the type of web browser you’re using.

We may collect the following personally identifiable information about you:

  1. name including first and last name;
  2. email address;
  3. mobile phone number and contact details;
  4. address and postal code;
  5. copy of Aadhar card, PAN card, GST, shop license, FSSAI and legal documents related to products/services that being sold
  6. financial information (like account or credit, debit card numbers);
  7. opinions of features on this BhaApp App; and
  8. Other information as per our registration process.

We may also collect the following information:

  1. about the pages you visit/access;
  2. the links you click on this BhaApp App;
  3. the number of times you access a particular page; and
  4. the number of times you have interacted on this BhaApp App.

METHOD OF COLLECTING INFORMATION

We may collect anonymous traffic information from you when you visit this BhaApp App. We will collect personally identifiable information about you only as part of a voluntary registration process, on-line survey, or contest or any combination thereof. Our advertisers may collect anonymous traffic information from their own assigned cookies to your browser. This BhaApp App may contain links to other BhaApp Apps. We are not responsible for the privacy practices of BhaApp Apps which we do not own, manage or control.

METHOD OF USING INFORMATION

We use your personal information to:

  1. help us provide personalized products and services;
  2. tailor our BhaApp App to suit your interest;
  3. to get in touch with you when necessary;
  4. to provide services and products; and
  5. to preserve social history as governed by existing law or policy.

We use contact information internally to:

  1. direct our efforts to improve our range of products and services
  2. contact you to update/ upload / reject your User Content or renew your subscription, if and as may be applicable;
  3. contact you as a survey respondent;
  4. notify you if you win any contest; and
  5. send you promotional materials from our contest sponsors or advertisers.

SHARING OF INFORMATION

We will not use your personal information for any purpose other than to complete a transaction with you. We do not rent, sell or share your personal information and we will not disclose any of your personally identifiable information to third parties unless:

  1. we have your permission;
  2. it is to provide products and services;
  3. it is to help investigate, prevent or take action regarding unlawful and illegal activities; suspected fraud, potential threat to the safety or security of any person, violations of our terms of use or to defend against legal claims;
  4. special circumstances such as compliance with court orders, requests/order, notices from legal authorities or law enforcement agencies compel us to make such disclosure; and
  5. it forms part of the information we share with advertisers on an aggregate basis.

PROCEDURE FOR REMOVING YOUR NAME FROM OUR LISTS AT ANY TIME

Please inform us in the event that you are desirous of removing your name from our lists at any time and we shall forthwith do the same.

PROCEDURE FOR CORRECTING INACCURACIES IN THE INFORMATION

To correct or update any information you have provided, you may do so online. In the event of loss of access details you can use any of the following options:

Send an e-mail to: info@bhaapp.com

POLICY UPDATES

We reserve the right to change or update this policy at any time. Such changes shall be effective immediately upon posting on this website or BhaApp App

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