Terms and Conditions
In these Terms, references to "You", "User" shall mean the end user/customer accessing the Website, its contents and using the Services offered through the Website. "Service Providers" mean independent third party service providers or Sellers, and references to the “Website”, "BOFY.in",we", "us" and "our" shall mean the and/or, its affiliates and partners (as applicable).
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by You contained herein or any other section or pages of the Website or any linked sites in any manner whatsoever.
The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to the Terms as a whole.
The Website is operated by GM Lifestyle Private Limited, a company incorporated under the laws of India having its registered office at 705, 7th Floor, Tower C, NDM-2 NetajiShubhash Place, Pitampura, Delhi, 110034. The URL is under the name of BOFY.in. All references to Website in these Terms shall deem to refer to the aforesaid entity in inclusion of the online portal.
The terms and conditions for any Product, sale, discount, discount vouchers, gift vouchers, pre-paid instruments or contest event organized on the Website from time to time, shall be subject to third party/Seller terms and conditions. In addition to the above, some areas of the Website may contain content provided by our third party partners and such content shall be subject to separate terms and conditions of use, which are posted within those areas by third party partners.
We reserve the right to change these Terms at any time. Such changes will be effective when posted on the Website and may, at the sole discretion of the Website be notified to the Users from time to time. Notwithstanding the foregoing, by continuing to use the Website after we post any such changes, You accept the Terms as modified.
These Terms will continue to apply until terminated by either You or BOFY.in in accordance with the terms set out below
- The agreement with YOU can be terminated by (i) not accessing the Website; or (ii) closing Your Account, if such option has been made available to You.
- The above clause shall also apply to any additional Terms applicable to the use of the Website and YOU reserves the right to terminate access to the Website (including any services offered as part thereof);
Notwithstanding the foregoing, these provisions set out in these Terms which by their very nature survive are meant to survive termination, shall survive the termination / expiry of this agreement. Further any material changes in these Terms shall be notified to the customers by giving them a day’s notice.
Eligibility to use
- Use of the Website is available only to such persons who can legally contract under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. shall not be eligible to use the Website.Any minor desirous to use or transact on Website, is required to conduct such transaction through their legal guardian or parents
- By accepting the Terms or using or transacting on the Website, the User irrevocably declares and undertakes that he/she is of legal age i.e. 18 years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between the Website and such User to the extent permissible under applicable laws
Any person may access the Website and the Products either by registering to the Website or using the Website as a guest. However, a guest user may not have access to all sections of the Website including certain benefits/promotional offers, which shall be reserved only for the purpose of registered Users, and which may change from time to time at the sole discretion of the Website.
If you wish to register yourself with the Website, you shall be required to create an account by registering through Facebook or your email account or by filling in the details prescribed in the Website registration form. You will then receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify the Website of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. BOFY.in cannot and will not be liable for any loss or damage arising from your failure to comply with this Section or for any losses occurring thereto. You, as the User, waive any claims against the Website for any loss and damage suffered by you on account of your failure to comply with the Terms and reasonably expected good practices in this regard.
- If any User learns or is made or becomes aware of any instance of hacking or misuse of its User account, it shall without delay notify the Website of the same. Additionally, registered Users may be held liable for losses incurred by the Website for any loss or damage caused as a result of failure in maintaining security by the relevant User.
- If any User provides any information that is untrue, false, not updated, and incomplete or the Website has reasonable grounds to believe that such information is untrue, false, not updated, incomplete, the Website shall have the right to suspend or terminate the relevant User account and refuse any and all current or future use of the Website (or any portion thereof).
- This site is provided by BOFY.in on an "as is" and "as available" basis. BOFY.in makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.
- To the full extent permissible by applicable law, BOFY.in disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. BOFY.in does not warrant that this site, its servers, or e-mail sent from BOFY.in are free of viruses or other harmful components. BOFY.in will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Disclaimer Of Warranties And Limitation Of Liability
Listing and Pricing
All products sold by the Website are certified organic products or are in the process of getting such certification from the relevant authorities. Except where noted otherwise, the List Price displayed for products on our website represents the full price of the products with respect to items sold on BOFY.in, we charge your credit card before your order has entered the shipping process. For any reason if we are not able to ship your products as per your order, we will intimate you electronically and refund the value of the products which are not available and intimate you as soon as they are in stock. BOFY reserves the right to change the prices of products at any time.
Despite our best efforts, a small number of the items in our catalogue may be mispriced. If we discover a mispricing, we will do one of the following:
- If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
- If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. (check with client)
Shipping and Delivery
For all details with respect to shipping and delivery of products, customers are advised to read the shipping and delivery policy found on the home page of the website
Returns, Refund and Cancellations
For all details with respect to returns, refunds and cancellations of products customers are advised to read the Return, Refund and Cancellation Policy found on the home page of the website.
For all details with respect to the Payment Policy, customers are advised to read the Payment Policy found on the home page of the website
User Conduct and Rules
The User, in respect to his usage of the website covenants that he shall not
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material/statement/information about the Website, its associates and partners on any property owned or operated by the Website;
- upload files that contain software or other material protected by intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
- upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
- conduct or forward surveys, contests, pyramid schemes or chain letters;
- download any file posted by another user of a Service that You know, or reasonably should know, cannot be legally distributed in such manner;
- 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;
- violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- violate any applicable laws or regulations for the time being in force in or outside India; a
- violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein or exploit any of the services provided by the website
Intellectual Property Rights
- All content on the Website including any copyright, patent, trademark, industrial design and geographical indication with respect to any text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the exclusive property of the Website or its content suppliers as the case may be. Under no circumstance shall any user infringe in any way such IPR owned by the Website, a third party supplier or Seller during or pursuant to its use of the Website for any purposes whatsoever.
- The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of user and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and our control or control of its owners/permitted assigns, as the case may be.
- Every User hereby grants BOFY.in a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, publish, transmit, reproduce, modify, adapt any content provided or created by the User. The wesbite shall have no liability for any infringement of intellectual property rights with respect to such content created by the User.
- Except as expressly provided herein, the User acknowledges and agrees that it shall not copy, republish, post, display, translate, transmit, reproduce or distribute or in any other way infringe any Intellectual Property Right through any medium without obtaining the necessary authorization from the Website or the thirty party owner of such Intellectual Property Right.
- The User hereby indemnifies, defends and holds harmless the entity owning and operating the Website, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with the User’s breach of these Terms; or any claims made by any third party due to, or arising out of, or in connection with, the User’s use of the Website; or any claim that any third party IPR, proprietary information, content or materials provided by the User causes any damage to a third party; or violation of any rights of any third party by the User, including any IPR, each deemed to be an Indemnity Event
- Upon occurrence of an Indemnity Event, the Website may notify the User of any claims which the User shall be liable to indemnify the Website against. The User shall then be obligated to consult with the Website regarding the course of action to be undertaken in defending such a claim.
- Notwithstanding anything to contrary, in no event shall the Website, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to the User for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not the Website has 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 the User’s use of or access to the Website or the Product.
Report Abuse and Take Down Policy
In the event the Website or any User becomes aware of any objectionable content on the Website including but not limited to violation of privacy, misuse of personal information or violation of any IPR, which are in violation of these Terms, the Website shall, by itself or upon receipt of a communication from any of its Users, without any prior notice take down such objectionable content from the Website. For any reporting in respect of the aforesaid, the User should contact the Website at email@example.com. .
Feedback and Information
- User feedbacks or information pertaining to Products offered on the Website or any information pertaining to the Website shall be deemed to be non-confidential in nature.
- The Website reserves the right, at its sole discretion to use such information for upgrading/enhancing the Website and such use shall be entirely unrestricted.
- The Website may at its discretion, also make any modifications or changes to the Website and its content and / or Products on the basis of such feedback or information.
- In the event that the Website makes any changes or modifications to the Website or Products on the basis of any such feedback, the User shall not have any rights or title (including any IPR) in such changes or modifications to the Website or Products listed therein.
- By submitting any feedback or any information, the User hereby warrants that (i) the feedback does not contain confidential or proprietary information belonging to the User or any other person and shall not entitled to any compensation or reimbursement of any kind from the Website for the feedback under any circumstances.
Unless otherwise specified, the products/items listed on the Website are solely for the purpose of delivery in India. The Website shall under no circumstance be held liable for use or availability of Products for use in locations/countries other than India.
Applicable Law and Dispute Resolution
User Protection Program
- The Website’s User protection program provides for resolution of disputes between the User and Seller to successfully resolve a dispute regarding refund or replacement or non-delivery of a Product.
- In such an eventuality, the User can write to firstname.lastname@example.org if the issue with the Seller remains unresolved.
- The Website’s Users support team shall provide reasonable assistance and take such relevant actions against the Seller as it, at its sole discretion may deem fit.
If performance of any Service under these Terms by the Website is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the website, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the Website and could not have been prevented by reasonable precautions then the Website shall in toto be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by the Website of its obligations herein.
These Terms shall not be assigned or otherwise transferred by the User. However the Website’s obligations under these Terms are freely assignable or otherwise transferable by the Website to any third parties without the requirement of seeking the Users prior consent.
If any provision of these Terms is void, or is so declared, such provision shall be severed. The Terms shall otherwise remain in full force and effect.
Any failure or delay by a party to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
Relationship and Exclusivity
Nothing in these Terms shall constitute or be deemed to constitute a partnership, joint venture, agency or the like between the parties hereto or confer on any party any authority to bind the other party or to contract in the name of the other party or to incur any liability or obligation on behalf of the other party.