“www.ubinga.com” (hereinafter, the “Website”) and “ubinga” (hereinafter, the “Application”) is owned and operated by Brandvizor Online Solution Private Limited, a private limited company incorporated under the Companies Act, 1956, having its registered address 109/1A Sarat Ghosh Garden Road, Kolkata – 700031, India and (hereinafter referred to as the “Company”)
The term "We", "Us", "Our" shall mean the Company. “Agreement” shall mean and refer to this Terms of Service, including any amendments that may be incorporated into it. “Services” shall mean and refer to the services offered by the Company to the Users, including but not limited to collecting reviews of products and services and aggregating them so that the Users can view the reviews. “Third Party” shall mean and refer to any individual(s), company or entity apart from the User and the Company.
The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Website/Application or avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Website/Application is conditioned upon Your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
The Website/Application is a web-based platform providing, including but not limited to providing the Users with reviews about different brand products collected from external websites as well as from crowd sourcing and shows the customers for information purposes only. The Website is a Static website and will be fully optional as We develop it. The application collects reviews from multiple sources along with crowdsourced reviews in order to help the customer to make an informed decision and also help the vendors to get a better insight into the consumer behavior. So, we have multiple industries namely electronics, food, travel etc. In each of these industries, there are multiple sub categories. In each of these sub categories there are thousands of products and services. Now, with advanced technology we collect user reviews, expert reviews and blogs from different sources with full credibility being given to the respective sites. Users can also write reviews and edit their own reviews. However, it is up to the company’s discretion whether or not to display that review. The company can also delete any review when they want. Apart from this, there is a buying option where the seller can choose from multiple buyers such as Flipkart, Snap deal etc. This is executed via partnership with these sellers through an affiliation program.
Registration on the Website is not mandatory to browse the Website and a non-registered User can browse through the content of the Website. But in order to use the Application, the User must register himself. A registered User can avail the premium services of the Website/Application. Only a registered User of the Website/Application can comment his reviews. Basic information like name, user name, password, email id, profile picture (if provided) would be collected from the User at the time of registration. The Email ID provided during registration can be of any Email service provider including but not limited to Gmail, and Yahoo mail. You must keep your account and registration details current and correct.
Membership of this Website/Application is available only to those above the age of 18 years. Barring those “Incompetent to Contract” which inter alia include insolvents. If You are a minor and wish to use the Website/Application, You may do so through Your legal guardian and Us. We reserve the right to terminate Your account on knowledge of You being a minor and having registered on the Website/Application or availing any of its services. All information provided by the Users are self-declared and not verified by the Company. Any and all information posted by any Users, the Company has the right to use this Content for promotions or marketing purposes. Further, at any time during Your use of this Website/Application, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account.
The Website/Application attempts to be as accurate as possible warrant that product descriptions or other content or such other information of this Website/Application is accurate, complete, reliable, current, or error-free. All the information collected from the third party websites does not belong to us and are collected for information purposes only.
The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties. You acknowledge that the Company has no relationship with you other than to providing you with this service. At no time shall the Company have any right, title or interest to any purchases done by you from the external websites. The Company does not have any control over the quality, failure to provide or any other aspect whatsoever of the purchases and is not responsible for damages or delays.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User continues to access and use the Website/Application.
You may terminate Your use of the Service at any time by ceasing to use the Service. We may terminate these Terms and close Your account at any time without notice, if we cease to provide the Services. We may suspend or terminate Your use of and access to the Website/Application at any time and for any reason, in our sole discretion. Such suspension or termination shall not limit our right to take any other action against You that we consider appropriate.
Transactions on the Website/Application are secure and protected. Any information entered by the User when transacting on the Website/Application is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company / Website/Application in any manner.
The membership of this Website/Application is free and this includes the browsing of the site and the use of the services. However, We reserve the right to amend the charges for the services rendered. In a case that such happens, Users will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are posted on the Site.
You may also be contacted by Service Providers with whom We have entered into a contract in furtherance of our rights, duties and obligations under this document and other policies followed by Us and with whom You have become friends with from the Website/Application. Such contact shall be made only in pursuance of such objectives, and no other calls shall be made.
You are a restricted user of this Website/Application.
You shall not engage in advertising to, or in solicitation of, other Users of the Website/Application to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website/Application or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website/Application. It shall be a violation of these Terms of Service to use any information obtained from the Website/Application in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. We can (and You hereby expressly authorize Us to disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe it necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. In order to protect Our Users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deem appropriate in our sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website/Application) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
We have no obligation to monitor the materials posted on the Website/Application. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE/APPLICATION AND IN YOUR PRIVATE MESSAGES. In no event shall we assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the Website/Application. You hereby represent and warrant that you have all necessary rights in and to all content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the Site or otherwise disclosed, submitted or offered in connection with use of the Site (collectively, the Comments) shall be and remain the property of the Company, however in the event that the review has been taken from another source, the same shall be attributed to the source. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Company shall exclusively own all such rights, titles and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise.
All information, content, services and software displayed on, transmitted through, or used in connection with the Website/Application, (hereinafter referred to as the "Content"), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Website/Application, and solely for Your personal, non- commercial use.
You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and You may not modify copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website/Application, not to insert any code or product or manipulate the content of the Website/Application in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
The Website/Application can be used in all countries worldwide. We make no representation that the content available through our Website/Application is appropriate or available for all countries. If You access or use the Website/Application in any countries where the Website/Application is prohibited, You are solely responsible for compliance with necessary laws and regulations for use of the Website/Application.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE WEBSITE/APPLICATION, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE/APPLICATION IS 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, WEBSITE/APPLICATION MAKES NO WARRANTY THAT
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. WEBSITE/APPLICATION ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE/APPLICATION IS DONE ENTIRELY AT HIS/HER OWN DISCRETION AND RISK AND HE/SHE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. WEBSITE/APPLICATION ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES
WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE/APPLICATION WITH RESPECT TO THE THIRD PARTY WEBSITE/APPLICATION OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE/APPLICATION/COMPANY INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES 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 US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF SERVICE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE/APPLICATION, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.
IN NO EVENT SHALL THE WEBSITE/APPLICATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE VENODOR OR THE USER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE/APPLICATION, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism
Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the sole proprietorship reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
Stage 2: Arbitration. If the dispute is not settled by mediation, it shall be referred to and finally resolved by arbitration, which shall be governed by the law, rules and regulations of [●], India. The Arbitral award is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Kolkata. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Kolkata, India and You hereby submit to the personal jurisdiction of such courts.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post, or the email address email@example.com
Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto
Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
Liability: The Mobile App and the Companyshall not be liable in any way for User Content, including, but not limited to, any errors or omissions contained therein, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.
Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
If you have any questions about this Agreement, the practices of the Website/Application, or your experience with the Service, you can e-mail us at firstname.lastname@example.org