INTRODUCTION
The following Terms and Conditions of Use apply to your use of the website provided by Bangla Canvas Private Limited, a company incorporated under the Companies Act, 2013 (18 OF 2013) and having its registered office at shop no. 132, first floor, near market no. 2, New Delhi 110019 (“Company”) through its website (www.store.banglacanvas.com) (referred to as the “Website”) under the brand name ‘Bangla Canvas, that inter alia allows customers to buy different products such as food, beverages, lifestyle and OTT content (hereinafter referred to as the “Products”). Company provides this Website to customers in accordance with these Terms and Conditions of Use.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 read with Rule 5 of the Consumer Protection (E-Commerce) Rules, 2020 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of this Website.
These Terms and Conditions of use with all other additional policies posted on the website (collectively referred to as “Terms and Conditions”) constitute a legally binding agreement between the user of the Website and the Company, being the owner of the Website. Please read the Terms and Conditions carefully before proceeding, as by completing the registration process and/or by using the Website, you signify your agreement with these Terms and Conditions. If you do not agree with any of these Terms and Conditions, then please do not access the Website and/or complete the registration process on the Website. In case of any discrepancy between these Terms and Conditions of Use and any other content on the Website, these Terms and Conditions of Use shall prevail. By confirming your acceptance to these Terms and Conditions, you hereby (a) represent and warrant that you are entitled to enter into agreement with the Company and that no other person is accepting these Terms and Conditions on your behalf; and (b) accept the provisions of these Terms and Conditions and your responsibilities and obligations in all aspects related to your use of the Website and buying the Products. If you confirm these Terms and Conditions as an employee, agent, contractor or other representative any entity, you hereby represent and warrant that you have the right and authority to validly bind such entity.
As part of the Website, the Company may provide certain tools or guidance for the benefit of its users and to facilitate and support the selection, configuration and purchase of the Products through the Website. Any information or guidance which may be provided by the Company to its users is solely for information purposes and the users, at their own discretion, may decide to follow such guidance.
Company retains the right at any time to deny or suspend access to any or all sections of/services provided through the Website to any user, who the Company believes, has violated any of the provisions of these Terms and Conditions.
USE OF THE WEBSITE
Subject to the provisions of the Terms and Conditions of Use, by conveying your acceptance to the Terms and Conditions, you are hereby granted a non-exclusive, non-transferable, limited and revocable right to access the Website for the purposes of buying the Products.
While some of the content and pages of the Website are free to view, but to purchase the Products, you may need to create an account on the Website. To create an account on the Website, you will be asked to complete the registration form and fill in certain details such as name, address, mobile number, e-mail id, etc. You expressly acknowledge that the Company will rely on the information as would be provided by you and thus you hereby warrant that any and all information provided by you in the course of creating the account is true and accurate. You will immediately inform of any changes to registration information including changes in the expiration date of any credit card or charge card used in connection with purchase of any Products using the Website and changes in home or billing address.
Transaction on the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you may use the Website or access content on the Website only under the supervision and prior consent/ permission of a parent or a legal guardian.
Company reserves the right, at its absolute discretion and without assigning any reason, to refuse any user from creating an account on the Website or to suspend or cancel an account. Company also reserves the right to suspend or cancel at any time and without notice the account of any user who is found to be in breach of these Terms and Conditions or if any user who in the reasonable opinion of the Company is guilty of conduct which is detrimental to the reputation of the Company.
You hereby confirm and acknowledge that you shall be solely responsible for maintaining the confidentiality of your user name and password and restricting any unauthorized access and use of this Website using your user name and password. You will be responsible for all access to and use of this Website through your user name and password, including purchase of any Products which results in monetary charges being imposed onto you, whether or not you have the knowledge of or authorize such access and use. You will notify the Company immediately of any unauthorized disclosure or use of user name and password, or if you suspect the privacy of your user name and password has been breached and/or jeopardized. Until the Company is notified of a breach in security, you will remain liable for any unauthorized disclosure or use of your user name and password. You are cautioned, at your sole liability, to exercise particular care while using public networks/WIFI connection or accessing your account from public computers.
You shall not (i) select or use as a user name, a name of another person with the intent to impersonate that person; (ii) use as a user name, a name that is otherwise offensive, vulgar or obscene. Company reserves the right to refuse registration of or cancel a user name in its sole discretion. You will be solely responsible for any and all activity that takes place in or through your account.
Company also reserves the right, either by itself or through third parties, to offer alerts, newsletters, e-mails and other promotional offers to you based on the preferences that you identify during the registration process and at any time thereafter from your online account and/or based on your history of purchase of Products from the Website.
In the course of operating the Website, Company will be required to monitor your usage of the Website for legitimate purposes, such as (a) providing, maintaining and developing the Website; (b) preventing, detecting and repairing problems related to security and/or the operation of the Website; (c) creating reports, for e.g. number of Products sold, revenue by each Product category, etc.; and (d) improving the user experience for accessing the Website.
In case of shipping and returns queries vis-à-vis your Products, please refer to the Shipping and Delivery policy at https://www.banglacanvas.com/shipping-delivery-policy and Return & Refund Policy at https://www.banglacanvas.com/return-refund-policy
TRANSACTIONS ON THE WEBSITE
Products offered may be eligible for business purchases on the Website. In this regard, it is hereby clarified that:-
Upon your purchase of Product(s) eligible for business purchases, you may be able to avail the benefits of GST input tax credit. Accordingly, at your request, an invoice containing the GSTIN as provided by You (“Tax Invoice”) shall be issued to you by the Company.
GST invoice will have, inter alia, the following details printed on it – GSTIN associated with your registered business, name of your registered business, etc., as provided by you.
For seamless availment of input tax credit, kindly mention the delivery address as the address which is mentioned as the registered place of business as per the records of GST authority. Please note that availment of input tax credit is subject to provisions of GST Act and rules.
The delivery and billing addresses will be required to be the same, please note that input tax credit will be denied by GST authority if the delivery address and GSTIN in the GST invoice are of different states.
Company shall not be responsible to verify the correctness of the GSTIN and/or entity name provided by you and you shall be entirely responsible to provide the accurate details.
Company shall not entertain any request for any revision in the GST Invoice. Company shall not be liable for your default including for reasons associated with details provided by you.
Company will not be liable in case you are not able to avail input tax credit or if input tax credit is denied to you for any reason whatsoever.
You shall be solely liable for all compliances required under applicable laws.
You agree to indemnify and hold the Company harmless from all losses, claims, costs, expenses, suits, proceedings, or any other liability including any third-party claims (including any penalties imposed by governmental authorities) arising out of or in connection with (1) the GSTIN and/or entity name provided by you or the input tax credit claimed by you or your use or misuse of the GST Invoice and (2) your non-compliance with the applicable laws or (3) your use or misuse of any third-party’s details including GSTIN.
Pricing on any Product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by the Company may be incorrectly reflected and in such an event the Company may cancel such order(s).
You hereby release and indemnify the Company and/or any of its group entities and each of their officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, the Company cannot take responsibility or control the information provided by other users which is made available on the Website. You may find other user's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
PAYMENT FACILITY ON THE WEBSITE
While availing any of the payment method(s) available on the Website, the Company will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
Lack of authorization for any transaction(s);
Exceeding the pre-set limit mutually agreed by you with your bank(s);
Any payment/refund issues arising out of the transaction; or
Decline/cancellation of transaction for any other reason(s).
All payments made against the purchases on the Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on the Website.
Before shipping/delivering your order to you, Company may request you to provide supporting documents (including but not limited to Govt. issued ID, GST no. and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.
It is hereby further clarified that:
Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products, etc. are as per principal to principal bipartite contractual obligations between the customer and the Company and payment facility provided on the Website is merely used by the customer and the Company to facilitate the completion of the Transaction.
You understand, accept and agree that the payment facility made available on the Website is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, using the existing authorized banking infrastructure and credit card payment gateway networks.
YOUR REPRESENTATIONS; WARRANTIES AND INDEMNITY
You acknowledge, represent and warrant to the Company as follows:
You will be solely responsible for your use of this Website including content, material and information posted and published on the Website and you will use this Website legally and only for the purposes that it is intended to be used for.
You will fully comply with these Terms and Conditions.
You will be fully responsible for your use of this Website, including all financial charges and legal liability that you may incur.
You acknowledge that the internet or the Company’s systems, services and equipment may from time to time be inoperative in full or in part as a consequence of but not limited to, mechanical breakdown, maintenance, hardware or software upgrades, any communication, connectivity problems or other facts beyond the control of the Company. You acknowledge that the Company will not be held liable for any failure or inability to provide continuous, error free, uninterrupted services under these or any other circumstances.
You will indemnify the Company, its affiliates, employees, experts, trainers, etc., as applicable, against any claim or demand, including reasonable legal fees, incurred by any of them due to or arising out of any content that you submit, post, transmit or make available through this Website; or any other website that chooses to link to or display the content; your use on or of this Website; any unlawful, unauthorized or prohibited use of this Website; and/or your violation of these Terms and Conditions.
You hereby agree that you will indemnify and hold the Company and its affiliates as well as each of their directors, officers, employees, agents and representatives, harmless from and against all costs, claims, demands, liabilities, expenses, damages or losses, including reasonable attorney’s fees, arising out of or in connection with (a) your violation of any applicable laws; (b) your breach of these Terms and Conditions; (c) dispute between you and a third party arising out of or connected with the use of this Website; and/or (d) unauthorized, improper, illegal or wrongful use of your account.
USE OF COMMUNICATION SECTION ON THE WEBSITE
Certain sections and services of this Website may provide you a platform to generally express yourself and certain communication facilities may allow interactivity between users of the Website, including without limitation by way of message or communication facilities. By way of example, and not as a limitation, you hereby agree not to:
Use the platforms provided by this Website for any purpose other than as expressly permitted by the Company.
Post on this Website any content, whether or not containing links, for any competitor of the Company.
Collect, post or submit on this Website any incomplete, fictitious, false or inaccurate biographical information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or has received all necessary consents thereto.
upload, post, publish, distribute, transmit, link or otherwise make available or disseminate, whether or not through links, through this Website any content that is unlawful, harmful, defamatory, infringing, obscene, racist, pornographic, threatening, indecent, unlawful or otherwise objectionable material or information.
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of other users of the Website.
upload, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional content, transmit junk mail, spam, hacker programs, chain letters, or other unsolicited bulk e-mail or duplicative messages or overload or ‘flood’ this Website’s systems and infrastructure.
Upload files that contain viruses, trojan horses, worms, cancelbots, corrupted files or any other similar harmful software or programs or malicious codes.
Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this Website.
Aggregate, copy or duplicate in any manner any content or information available from this Website.
Attempt to gain unauthorized access to this Website or its services, other users’ accounts or computer systems, through password mining or otherwise or engage in any systematic extraction of data or data fields, including without limitation e-mail addresses. The collection of e-mail addresses from the profile pages or from the database of any user for any use without the written permission of the Company and/or user is considered as theft and legal action will be taken against offenders.
Upload, share or otherwise distribute any text, graphics, images, videos or data which is unlawful, threatening, abusive, harassing, defamatory, libellous, fraudulent, invasive of another’s privacy or impersonate another person.
Upload, share or otherwise distribute any text, graphics, images, videos or data which victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
All right, title and interest, including all intellectual property rights, in and to the Website as well as all right, title and interest, including all intellectual property rights, in and to any variations, modifications and derivative works of the Website are and remain exclusively with the Company, its affiliates or its licensors. You have no rights in and to the Website, other than those expressly granted pursuant to these Terms and Conditions.
In the course of your use of the Website, you may provide feedback or suggestions related to the Website. We are entitled to use such feedback and suggestions, even if they should be marked confidential, without any restrictions and any compensation to you.
You will not in whole or in part (i) use the Website in any manner other than explicitly permitted in these Terms and Conditions, including for any third party use including license, sublicense, sell, resell, lease, transfer, assign, distribute, display, broadcast, disclose, or otherwise commercially exploit or make it, or any portion thereof, available to any third party in any manner; (ii) modify, tamper with, repair or make derivative works based upon the Website; (iii) copy, reproduce, publish, reverse engineer, attempt to derive the source code of, modify, disassemble, decompile or create derivative works of the Website (except to the extent that applicable laws prohibits reverse engineering restrictions, and then only as permitted by such laws); (iv) copy any ideas, features, functions or graphics of the Website; (v) remove, obscure, alter, or move our and our licensors’ proprietary notices; (vi) extract and/or re-utilize parts of the contents of the Website; and/or (vii) use any trade mark, service mark, trade name or logo owned by the Company or any of its affiliates/group entity. Use of the Website other than specifically permitted in these Terms and Conditions, is expressly prohibited.
DISCLAIMER OF WARRANTIES
Company has taken precautions to keep the Website safe, secure, and functioning properly, but it cannot guarantee the continuous or uninterrupted operation or availability of or access to the Website.
You agree that you are making use of the Website at your own risk and that the Website, all content, services, additional tools, features, guidance and information provided by the Company, is being provided to you on an “as is” and “as available” basis. Accordingly, to the extent permitted by applicable law, the Company excludes all express or implied warranties, terms and conditions including, but not limited to, implied warranties of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, non-infringement and/or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the Website. You hereby expressly release the Company and/or its affiliates, as well as each of their subcontractors, directors, officers, employees, agents and representatives from any cost, damage, liability or other consequence of any of the actions or inactions of the users of the Website and specifically waive any claims or demands that you may have in this behalf under any statute, contract or otherwise.
Unless otherwise specified, the Products on the Website are presented solely for the purpose of sale in India. Company makes no representation that Products being sold through the Website are appropriate or available for use in countries other than India. Those who choose to access the Website from countries other than India do so on their own initiative and the Company is not responsible for supply of Products and/or refund for the Products ordered from countries other than India and/or compliance with local laws, if and to the extent local laws are applicable.
LIMITATION OF LIABILITY
To the extent permitted by applicable law, the Company is not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, business interruption, loss of production, loss of use or loss or corruption of data; loss of profits, anticipated savings, revenue, sales, business, goodwill or reputation; costs of substitute goods, materials or services; or any special, indirect, consequential, incidental, punitive or exemplary loss or damages) arising (directly or indirectly) from or in connection with (a) your use of or your inability to use the Website; (b) pricing, shipping, format, or other guidance provided by the Company; (c) delays or disruptions in the Website or from its unavailability; (d) malicious software obtained by accessing or linking to the Website; (e) glitches, bugs, errors, or inaccuracies of any kind in the Website; or (f) a suspension, termination or other action taken with respect to your breach of these Terms and Conditions.
If the Company is found to be liable, subject to Section 9.1 above, our liability to you or to any third party is limited to the purchase price of the Product. This shall be the sole and exclusive remedy available to you subject to proof of actual damages.
The limitations and exclusions of liability also apply to the benefit of our affiliates, as well as our and their subcontractors, directors, officers, employees, agents and representatives.
The disclaimers, exclusions and limitations shall apply to you only to the fullest extent permitted by applicable law.
CANCELLATION, RETURNS AND EXCHANGE
User will be entitled to cancel the order placed for purchase of Products any time prior to the Products being dispatched for delivery. Once the Products are dispatched for delivery, the buyer shall not be entitled to cancel the order.
For cancellation of any order, user may log into their account and place the request for cancellation of the order. Upon submitting a request for cancellation of the order, the user shall receive an e-mail confirming the cancellation of the order and the amount paid by the user for such order shall be refunded to the original mode of payment within a period of [7-14] days.
In case the Product(s) are to be returned, please refer to our Returns Policy using the link https://www.banglacanvas.com/return-refund-policy
PRIVACY
Your registration data and other information collected through the use of this Website is subject to the Privacy Policy. You acknowledge that through your use of this Website, you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer, as necessary and permitted under the applicable laws. For more information, see our full privacy policy at Privacy Policy https://www.banglacanvas.com/privacy-policy
TERMINATION OF REGISTRATION
These Terms and Conditions of Use will remain in full force and effect while you are a user of this Website. Your registration on this Website may be terminated at any time at the sole option and discretion of the Company or if you are found to be in breach of these Terms and Conditions or if, in the reasonable opinion of the Company, you are guilty of conduct which is detrimental to the reputation of the Company.
GRIEVANCE OFFICER
Any and all communication relating to any data safety, privacy, other concerns or grievance experienced by the user in relation to the Website may be communicated to the Company by contacting our “Grievance Officer”, established in accordance with the provisions of Rule 3(2) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 read with Rule 4 of the Consumer Protection (E-Commerce) Rules, 2020, using the contact details provided below:
Name: Ms. Rumpa Pal
Address: H-1554, basement, C.R. Park, New Delhi-110019
Phone: 9205962244
Email Address: ecommerce@banglacanvas.com
As required under the applicable laws, the Grievance Officer shall acknowledge the complaint expeditiously and resolve the issue within a period of fifteen days from the date of the receipt of the complaint.
Company’s operations are supported by a network of computers, cloud-based servers, and other infrastructure and information technology, including, but not limited to, third-party service providers. Company and some of its subsidiaries and affiliates, servers, vendors and service providers may not be located in your jurisdiction.
GENERAL
Governing Law and Dispute Resolution: The Terms and Conditions shall be governed by and construed in accordance with the laws of India. Any and all disputes arising from the Terms and Conditions will be subject to arbitration to be conducted by an independent sole arbitrator. Either party can approach to the Court having the competent jurisdiction for the appointment of the arbitrator. The arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (as amended). The seat and venue of arbitration shall be at New Delhi and the arbitration proceedings shall be conducted in English language. Subject to arbitration, the jurisdictional courts of New Delhi shall be entitled to grant interim relief/injunction.
Entire Agreement; Severability: These Terms and Conditions and any other terms or documents referred to herein represent your entire agreement with the Company with respect to your use of this Website. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable laws, then the invalid or unenforceable provision shall be severed from the remaining terms, conditions and provisions which shall continue to be valid and enforceable to the fullest extent permitted by law. In that event, the invalid or unenforceable provision shall also be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
No Waiver: Failure or neglect by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other or same right on any later occasion.
No Assignment: These Terms and Conditions shall be personal to every user and you shall not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without the Company’s prior written consent. Company reserves the right to assign or transfer all or any of its rights and obligations under these Terms and Conditions to any of its affiliates or any other third party, without notice to you.
Up-dations/Modifications: You agree to be bound by these Terms and Conditions, which may be updated or modified from time to time without any notice to you. Any changes or modifications become part of these Terms and Conditions and shall apply immediately. By continuing to use this Website after such modifications or changes to the Terms and Conditions, you shall be deemed to give your acceptance of such modifications or changes. You may, at the sole discretion of the Company, be required to re-accept a substantially revised Terms and Conditions to continue access to or use of the services provided through the Website.
A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form
Any rights not expressly granted herein are reserved.