Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt out of the Agreement to Arbitrate. Unless you opt out: (1) you will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
Boozebay.com is an information portal that provides direct connectivity for their end viewers to various businesses listed with Boozebay.com which are engaged in the business of manufacturing, distribution and sale of alcoholic beverages. The actual contract of information about the specific product is directly between the disclosure and recipient/ viewers.
While we may provide pricing, shipping, listing, and other guidance in our Services as specified by the manufacturer of the liquor products, such guidance is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, we have no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of manufacturer and viewers to relating to transaction of information.
In connection with using or accessing the Information Services you will not:
post, list or upload content or items in inappropriate categories or areas on our sites;
breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
fail to receive information correctly for products for which manufacturer has materially changed the item's description;
manipulate the information of any item or interfere with any other user's listings;
post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
take any action that may undermine the feedback or ratings systems;
transfer your user ID to another party without our consent;
distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm us or the interests or property of users;
use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose;
interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
Infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to us. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Boozebay.com or someone else;
infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belongs to you;
commercialize any of our application or any information or software associated with such application, except with our prior express permission ;
harvest or otherwise collect information about users without their consent; or
Circumvent any technical measures we use to provide the Services.
Manufacturers/ Merchant who wish to upload their products on our website must meet the obligations listed below. Failure to meet these obligations may result in limiting, restricting, suspending, or downgrading your account. Manufacturers/ Merchant shall be responsible for working with our development team to make sure data is available to power the Screens/application from Manufacturers/ Merchant database. The said data will be made available to us through integration/ interface and the same will be integrated by us after due diligence which will be live on our webpage. Manufacturers/ Merchant hereby agrees to give minimum advance written notice of 2 (Two) working days to us in the event of any changes/modification in the methodology/interface which are not of disruptive in nature and will not affect the smooth functioning of our business. Further, wherein the changes/modifications are of such in nature that it will disrupt/interrupt smooth functioning of the business at our end then in that event Manufacturers/ Merchant will give minimum advance written notice of 10 (Ten) working days. Manufacturers/ Merchant shall be responsible for the content, rate, images and its related information on which is provided to us which will be displayed on our website. Manufacturers/ Merchant shall be responsible for manning a call center to handle any queries placed by viewers or any issues which may arise during placing any content through our portal. Manufacturers/ Merchant shall ensure that any disputes raised by our viewers are properly resolved and closed. Manufacturers/ Merchant shall ensure that the details of products provided through our portal shall be maintained by the Manufacturers/ Merchant for a period of at least 3 (three) year from the date of submission of such information to the Client and shall be open to inspection by us and/or any other party, at all times during business hours and Business Days. It is the sole responsibility of Manufacturers/ Merchant to address and resolve the grievances of the users relating to its products and we will not be responsible for the same. Manufacturers/ Merchant hereby agrees and acknowledges that the terms/Legal disclaimer which has been provided by us will be uploaded on our website to make our users aware about our terms. Manufacturers/ Merchant hereby undertakes that we will not be liable for any claims, damages etc. arising in relation to the updated policy being not updated on our webpage. Manufacturers/ Merchant hereby agrees and acknowledges the fact that nothing in this agreement curtails our right of provide the directory information as per the requirement of our users. Manufacturers/ Merchant hereby agrees that it will not raise any complaints, claims or damages in this agreement for the information provided as per the requirement of our users. Manufacturers/ Merchant shall not use, transmit, publish, disclose and capitalize on any and all information shared by us for their own commercial benefit. Manufacturers/ Merchant has agreed and acknowledges that it has no right to use the information or any other details provided by us under this agreement for its own commercial benefits other than as expressly and specifically agreed in this agreement. Manufacturers/ Merchant hereby agrees and confirms that it will not send promotional SMS / emails or should not use any other schemes attracting our users to directly use the website of the Manufacturers/ Merchant. Manufacturers/ Merchant shall not cause any act/representation/omissions which results to loss of goodwill and damage to the reputation to us.
If we believe you are abusing us in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, and take technical and/or legal steps to prevent you from using our Services. We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion.
When a viewer or Manufacturer/Merchant issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both viewer and manufacturer/merchant.
We do not charge any fee from viewers of the portal. The fee that will charge from the Manufacturer/ Merchant shall be shared separately with such merchant/ manufacturer. We may change our fees policies from time to time by posting the changes on our website 14 days in advance.
When listing an item, you agree to comply with Boozebay.com's rules for listing policy and that:
You are responsible for the accuracy and content of the listing and item offered;
Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). We can't guarantee exact listing durations;
Content that violates any of our policies may be deleted at Boozebay.com’s discretion;
We strive to create an informative place where viewer can find the information what they are looking for.
To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.
Some advanced listing upgrades will only be visible on certain Services.
Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results.
We may provide you with optional recommendations to consider when creating your listings.
When viewing an item, you agree to the rules for information and that :-
You are responsible for reading the full item listing before making your observation.
We do not transfer legal ownership of items from the seller to the buyer.
You authorize us to use automated tools to translate your Boozebay.com content and member-to-member communications, in whole or in part, into local languages where such translation solutions are available. The accuracy and availability of any translation are not guaranteed.
When providing content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce against Boozebay.com, our assignees, our sub licensees, and their assignees your Intellectual Property Rights in that content in connection with our, those assignees', and those sub licensees' use of that content.
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this Agreement, does not and will not infringe any Intellectual Property Rights of any third party. Boozebay.com takes no responsibility and assumes no liability for any content provided by you or any third party.
We may offer catalogs including, for example, product images, descriptions and specifications that are provided by third parties. You may use catalog content solely in your Boozebay.com listings. The permission to use catalog content is subject to modification or revocation at any time at our sole discretion.
As a viewer, you agree that Boozebay.com is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not attempt to hold us liable for any inaccuracies. As a Merchant, it is your responsibility to review the content of your listings for accuracy and that you will not attempt to hold our catalog providers or us responsible for inaccuracies. The catalog may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings included within the catalogs and not to create any derivative works based on catalog content (other than by including them in your listings).
The name "Boozebay.com" and other Boozebay.com marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Boozebay.com in India and other countries. They may not be used without the express written prior permission of Boozebay.com.
Authorization to Contact
Boozebay.com may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you.
Boozebay.com may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Boozebay.com or its agents for quality control and training purposes, or for its own protection.
Privacy of Others; Marketing
If Boozebay.com provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
Disclaimer of Warranties; Limitation of Liability
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in our applications may not occur in real time. Such functionality is subject to delays beyond our control.
You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
the content you provide (directly or indirectly) using the Services;
your use of or your inability to use our Services;
delays or disruptions in our Services;
viruses or other malicious software obtained by accessing or linking to our Services;
glitches, bugs, errors, or inaccuracies of any kind in our Services;
damage to your hardware device from the use of any Boozebay.com Service;
the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
a suspension or other action taken with respect to your account or breach of the Abusing Boozebay.com Section above;
the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or
your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of our Services or your breach of any law or the rights of a third party.
IF YOU ARE A NEW BOOZEBAY.COM USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO US ______________________________________________.
Dispute Escalation & Resolution process
Merchant shall nominate one person/team from their end to deal with any complaints or claims received from Client customers and also provide a contact number or email id to its consumer for communication of any complaints or claims. This would enable the customer to directly contact Merchant in case of any complaints or claims regarding services provided by Merchants, its partners or its affiliates. In case of complaints or claims received by the IVR, then Client’s team may transfer or refer the same to the designated Merchant helpdesk number.
Merchant hereby agrees that turnaround time for any critical issues will be 24 hours and for any non-critical issues it will be 48 hours. For the purpose of clarity, critical issue will be considered as those issues which may affect the smooth functioning of services mentioned under this agreement and all other issues will be considered as non- critical issues.
Except as otherwise provided in this Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, and in such event, we will post notice on our website.
Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
We may amend this User Agreement at any time by posting the amended terms our website. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days' notice by posting the amended terms. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through.
The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the website.
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
The User Agreement, the User Privacy Notice, and all polices posted through our Services set forth the entire understanding and agreement between you and Boozebay.com, and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of this User Agreement: Content, Disclaimer of Warranties; Limitation of Liability; Indemnity, and Legal Disputes.