Terms of service
Terms and Conditions ("Terms")
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using www.bluerickshawusa.com (“website”). These terms will act as an Agreement from place to place and meanings, legal implications should be construed accordingly. Pursuant to You using the website You will be deemed to have agreed to these terms and You shall become bound by them akin to an agreement. The expressions “You” “Your” or “User(s)” refers to any person who accesses or uses the Web Site for any purpose. “We” “Us” “bluerickshawusa.com” shall mean Bluerickshaw USA or its affiliates
Further, by subscribing to or interacting with other User(s) on or entering into negotiations in respect of sale or supply of goods or services on or using the Web Site or any of its Services in any manner for any purpose, You undertake and agree that You have fully read, understood and accepted this Agreement.
Your access to and use of the services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, User(s) and others who access or use the website, platform, mobile app or Bluerickshaw USA’s services of any kind. Use of the terms website, platform, mobile app etc. shall mean a reference to Bluerickshaw USA only and such term may be used interchangeable hereunder.
If You do not agree to or do not wish to be bound by the Agreement, You may not access or otherwise use the website in any manner.
DISCLAIMER
You acknowledge and undertake that You are accessing the goods & services available on the website and transacting at your own risk and are using your best and prudent judgment before entering any transactions through the website.
While We have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services, and related graphics are provided as is, without warranty of any kind.
1. WEBSITE & USAGE
You agree that the website will act as an interactive matchmaking platform for User(s) to negotiate and interact with other User(s), agents, manufacturers etc. (collectively referred to as “Users'') for entering negotiations in respect thereof for sale or supply of goods or services. It is understood that Bluerickshaw USA itself is not a party to any negotiations that take place between the User(s) of the website and is merely acting as a platform (“platform”) for interaction between User(s) for facilitating sale of products. You further agree and acknowledge that Bluerickshaw USA is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between You and other User(s) on bluerickshaw USA.com.
It is understood that Bluerickshaw USA is only a platform that can be utilized by User(s) to liaison & reach a large base and to buy and/or sell products/services. Bluerickshaw USA acts as a platform for communication, and it is agreed that the contract for sale of any products shall strictly be between the parties transacting online only unless otherwise agreed by Bluerickshaw USA in writing. At no time shall Bluerickshaw USA hold any right, title, interest over the products sold nor shall Bluerickshaw USA have any obligation or liability in respect of such contract. Unless otherwise stipulated herein or elsewhere Bluerickshaw USA is not responsible for any unsatisfactory performance of services by any User(s).
You also agree that You may only use the website to make legitimate enquiries or orders only. You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities. You also undertake to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact You in the event that this should prove necessary.
2. SERVICES OFFERED
We at Bluerickshaw USA aim to expand our product & services line from time to time and currently Bluerickshaw USA provides several Internet-based services through the platform. Some of these services include:
A. Order placing services enabling users to purchase merchandise such as clothing, footwear and accessories etc. from various other user(s) (collectively referred to as “products”). Orders can be placed through the website and payment may be made using various modes of payment.
The legal relationship between Bluerickshaw USA and various User(s) may be governed by individual contracts with specific terms contained therein like indemnities, warranties, scope etc. in the absence of which all User(s) will be governed by these terms and privacy policy unless.
Bluerickshaw USA does not warrant that the products/services sold or other content on the Platform is accurate, complete, reliable, current or error free and assumes no liability in this regard. It is understood that Bluerickshaw USA shall not be liable for any incorrect, incomplete description of any products displayed by any User(s) on its website.
3. YOUR ACCOUNT
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. Bluerickshaw USA reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you. We may save your data and make use of cookies (refer to privacy policy) for a better surfing experience on our website.
4. USER(S) ELIGIBILITY
User(s) represent and warrant that they have the right to avail or use the services provided by Bluerickshaw USA including but limited to the website or any other services (“Bluerickshaw USA’s services'') provided by Bluerickshaw USA in relation to the use of the website. Bluerickshaw USA’s services can only be availed by those individuals or business entities, including sole proprietorship firms, companies and partnerships, which are authorized under applicable law to form legally binding agreements.
User(s) agree to abide by the Agreement and any other rules and regulations imposed by the applicable law from time to time. Bluerickshaw USA shall have no liability to the User(s) or anyone else for any content, information or any other material transmitted over Bluerickshaw USA’s website or while availing Bluerickshaw USA’s services including transmission of any fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material, being a public platform and that the risk of damage from such material rests entirely with each User(s). The User(s) shall do its own due diligence before entering any transaction with other users on the website. Bluerickshaw USA at its sole discretion reserves the right to refuse Bluerickshaw USA’s services to anyone at any time. Bluerickshaw USA’s services are not available and may not be availed or used by User(s) whose Accounts have been temporarily or permanently suspended
5. ORDER PROCESSING:
a. For Customers:
All products/services offered on the website do not constitute an offer for sale but rather an invitation to treat. No obligation to return the payment shall be entertained unless the order is finally confirmed, and you receive the “Order Confirmation” email. Once the order is finally confirmed by us you will receive the order. In case You do not receive the order, you shall be eligible for refund/voucher/other mode of payback as may be decided by Bluerickshaw USA at its sole discretion.
In case of any delay in delivery, you will be entitled to a sum of $10 per day. The delay will be considered up to 7 days maximum, after which the order shall be cancelled, and your refund will be initiated. The amount of penalty levied on Bluerickshaw USA shall be credited to your buyer account soon, thereafter in the form of a redeemable voucher.
All prices displayed are inclusive of taxes.
b. For Manufacturer’s/Suppliers:
The manufacturer warrants that the products supplied are of merchantable/pre-approved/same quality as that of the samples and that the manufacturer/supplier shall solely be responsible in case of complaints relating to inferiority or reduction of quality.
Bluerickshaw USA reserves the right to de-list/ban a supplier/manufacturer upon receipt of multiple complaints over a period of time against the said manufacturer or for any other compelling reason.
All products supplied shall be subject to the quality checks by agents of Bluerickshaw USA.
The manufacturer/supplier of the products shall abide by all timelines agreed inter se the consumer and itself and all dealings will be strictly bipartite except for transportation and logistics services as may be agreed and provided by Us.
Upon successful placement of order by a User(s), the manufacturer shall package, ship and/or deliver by any other approved method/manner the products to the storage unit/destination point/port/warehouse, as may have been previously agreed between such manufacturer and Bluerickshaw USA or any of its affiliates, agents etc.
The goods shall undergo a quality check at the storage unit/destination point/port/warehouse as the case may be and further shipment shall only be subject to clearance of the said quality check.
Subject to the above stated paragraphs, in case of failure of manufactured goods clearing quality check, the manufacturer shall be returned the goods and shall also be provided with a period of 3 working days from the date of intimation of such failure to call back the inferior quality products and thereafter an additional period of 5 working days to re-ship superior/better quality products back to the storage unit/destination point/port/warehouse. Upon completion of the said period of 5+3 days the order shall automatically stand cancelled, and Manufacturer shall be levied a penalty for each day of delay and may also be removed/barred from the website at the sole discretion of Bluerickshaw USA.
c. Us:
In case the delay in delivery to customer is caused for reasons solely attributable to Us then We will bear a penalty. In case of any delays caused due to sole reason attributable to Customer, the Customer shall bear such penalty.
6. SELLING:
As a registered seller on Bluerickshaw USA, you are allowed to list item(s) for sale on the website in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must legally be able to list and sell the products as per law. You must ensure that the listed items do not infringe upon the IP, trade secrets or other proprietary rights or rights of publicity of privacy rights of a third party. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the website. All listed items must be kept in stock for successful fulfilment of sales. The listing description of the items must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that may have been received from the Buyer(s)/User(s) and also incur additional penalty as may have been previously agreed upon. Seller agrees not to list a single product in multiple quantities across various categories or with multiple descriptions on the website. Bluerickshaw USA reserves the right to delete such listings.
7. Reviews, comments, communications and other content
User(s) of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In the event, a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content, Bluerickshaw USA reserves the right (but not the obligation) to remove, refuse, delete or edit any such profile/content at its sole discretion. Bluerickshaw USA also reserves the right (but not the obligation) to remove, refuse, delete or edit any such profile/content which violates these conditions of use and it may also terminate your permission to access or use this website/platform.
If you do post content or submit material, and unless we indicate otherwise, you:
A. Grant Bluerickshaw USA and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media;
B. Grant Bluerickshaw USA and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Bluerickshaw USA including the execution of deeds and documents, at its request.
You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website; that, as on the date that the content or material is submitted to Bluerickshaw USA: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable website policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify Bluerickshaw USA and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
8. EXCHANGES/RETURNS POLICY:
Subject to the terms and conditions elsewhere stated in this agreement You shall have a right to claim refund within 7 working days, after you placed your order, thereafter you will be deemed to have waived your right.
Returns to be shipped back to us at the destination that will be informed to You by Us or We may arrange a pick-up for the collection of the products from your location. In case You are constrained to ship to us the products for which a refund has been approved, then You will be reimbursed for the amount incurred by You in shipping back the products.
You should be aware that You are under an obligation to take reasonable care of the product(s) whilst they are in your possession. This means including all of the product(s) instructions, documents and wrappings when returning the product(s) and returning the product(s) in the same condition as received. Failure to exercise such reasonable care may, depending on the circumstances, give rise to a right of action against You for breach of statutory duty.
Upon receipt of the product(s) by us which intended to be exchanged/refunded, we will fully examine the same and notify You of your right/eligibility to a replacement or refund (if any) of the same via e-mail within a reasonable period. We aim to process the refund or replacement as soon as possible and, in any case, within a period of 30 days from the date Your refund has been approved by Us.
For more details on the section please refer to our Exchange Policy.
9. PRIVACY
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices. The personal information / data provided to Us by You during the course of usage of bluerickshaw USA.com will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website or contact us on legal@bluerickshawusa.com .
10. LIMITED RIGHT OF USAGE
Subject to the present Terms and payment of pursuant to payment of applicable fee (if any), You may use the website for a limited purpose and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Bluerickshaw USA and / or its affiliates, as may be applicable. This right of limited use does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Bluerickshaw USA and / or its affiliates, as may be applicable.
You agree not to portray Bluerickshaw USA, its affiliates or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use the Bluerickshaw USA logo or other proprietary graphic or trademark as part of the link without express written consent of Bluerickshaw USA and / or its affiliates, as may be applicable.
11. MANNER OF USE
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that You, and not Bluerickshaw USA, is responsible for all electronic communications and content sent from your computer to Us and You must use the website for lawful purposes only. You must not use the website for any of the following things:
· For fraudulent purposes, or in connection with a criminal offense or other unlawful activity.
· to send, use or reuse any material that does not belong to You; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam.
· to cause annoyance, inconvenience or needless anxiety.
· Infringes User’s use and enjoyment of the Platform or any other individual’s user and enjoyment of similar services.
· Threatens the unity, integrity, defense, security, sovereignty of India or any other country, friendly relations with foreign states or public order or causes incitement of commission of any offence etc.
· Violates any other law for the time being in force.
12. OBJECTIONABLE CONTENT
The User(s) agree that Bluerickshaw USA enlists multiple User(s)/products on the website and hosts numerous comments, it is not possible for Us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, Bluerickshaw USA operates on a "information, research and takedown" basis. If You believe that any content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, ('' Objectionable Content"), please notify us immediately by writing to Us on legal@bluerickshawusa.com . Once this procedure has been followed and information has been given to Bluerickshaw USA, we will make all reasonable endeavors to remove such objectionable content complained about within a reasonable time.
13. INTELLECTUAL PROPERTY RIGHTS
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of bluerickshawusa.com its affiliates or its content suppliers and is protected by India and international copyright, authors' rights, moral rights and database right laws. The compilation of all content on this website is the exclusive property of bluerickshawusa.com and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this website is the property of bluerickshawusa.com, its affiliates or its software suppliers and is protected by international copyright and author's rights laws.
You may not systematically extract/ or re-utilize parts of the contents of the website without Bluerickshaw USA’s and/or its affiliates (as may be applicable) express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this website, without Bluerickshaw USA’s and / or its affiliates (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg. prices and product listings) parts of this website without Bluerickshaw USA’s and / or its affiliates (as may be applicable) express written consent.
Bluerickshaw USA also respects the Intellectual Property of others. All sellers on the website must ensure that the products sold do not infringe upon the IP of any other entity/person. Bluerickshaw USA bears no responsibility for any products being offered for sale which may infringe the IP of any other entity/person etc. If you believe that your Intellectual Property Rights have been used in a way that gives rise to concerns of infringement, please get in touch with us at legal@bluerickshawusa.com
Patents – One or more patent(s) may apply to the website and to the features and services accessible via the website and which shall be deemed to be the exclusive IP of Bluerickshaw USA or its affiliates.
14. INDEMNITY
You shall indemnify and hold harmless Bluerickshaw USA , its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release Bluerickshaw USA and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waive any claims or demands that you may have in this behalf under any statute, contract or otherwise.
It is understood that due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out.
Pricing as displayed may be erroneous or inaccurate due to a technical default, typographical error or product information published by a User(s) and in such a case Bluerickshaw USA shall not be responsible for any loss caused.
15. LIMITATION OF LIABILITY
In no event shall Bluerickshaw USA be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
A. Unauthorized use or inability to use the Services or Products.
B. Unauthorized access to or alteration of the user’s transmission or data.
C. Breach of condition, representations or warranties by manufacturers or agents.
D. Any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use of performance of the Platform or Service. Bluerickshaw USA shall not be held responsible for non-availability due to periodic maintenance operations or any unplanned suspension of access to Bluerickshaw USA. The User understands and agrees that any material and/or data downloaded at Bluerickshaw USA is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from download of such material and/or data. To the maximum extend that is permissible under law. Bluerickshaw USA’s liability shall be limited to an amount equal to the Products purchased value brought by you. Bluerickshaw USA shall not be liable for any dispute or disagreement between User(s).
16. LOWEST PRICES:
You understand that products of a particular manufacturer/seller may be sold on the website by multiple sellers and the product price on the listing page of the website may not always reflect the lowest prices for that particular product. This is because the seller whose price is displayed on the list page is selected based on the application of a number of parameters and price is only one such parameter.
17. PLATFORM FEE
Bluerickshaw USA may levy a fee for providing access to the website/platform and on account of Your usage of the Platform, subject to the Terms of Use from page to page and time to time.
18. LOSSES
We will not be liable for loss caused to any User(s) through any transaction on the website except for delay caused in delivery, solely attributable to us and not any other party/user(s) computable at a pre-determined rate only.
Subject to the foregoing paragraph and to the fullest extent permitted by law, and unless otherwise stated in these Terms, we accept no liability for indirect losses which could be caused as a side effect of the main loss or damage however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including (without limit) for any: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data.
19. COMMUNICATION
When you visit bluerickshawusa.com, you are communicating with us electronically. You will be required to provide a valid name, phone number, address, location and other information while placing an order with us. We or our affiliates may communicate with You by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication.
For contractual purposes, You consent to receive communications (including transactional, promotional and/or commercial messages), from Us with respect to your use of the website and/or your order placed on the website.
Further, You understand that Bluerickshaw USA cannot be a party to or control in any manner all the communication between User(s) and You shall hold Bluerickshaw USA not liable for any communication which You may find infringing upon your legal rights.
20. INDEMNITY
You shall indemnify and hold harmless Bluerickshaw USA, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents and employees from any claim or demand, or actions including reasonable attorney’s fees, made by any third party and penalty imposed due to or arising out of your breach of this Terms of Use, privacy Policy and other Policies, or your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party or for any claim that any other User(s) may have against You in consequence of use of this website.
21. Alteration of Service or Amendment to the Conditions
We reserve the right to make changes to our website, policies, and these Terms at any time. You will be subject to the policies and these Terms in force at the time that You use the website or that You order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
22. FORCE MAJEURE
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control including due to any force majeure event arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, pandemics/epidemics, nuclear or natural catastrophes or acts of god, and interruptions, loss or malfunctions of utilities, communications or computer theft, loss or damage.
23. WAIVER
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where You further breach these conditions or at a later date at our sole discretion.
24. GOVERNING LAW & JURISDICTION
These conditions are governed by and construed in accordance with the laws of the State of New York, USA. You agree, as we do, to submit to the exclusive jurisdiction of the courts located in New York, USA. In case of a dispute, an attempt to amicably resolve the dispute may be made through conciliation, mediation, or similar methods. Thereafter, the matter shall be referred to arbitration conducted by a single arbitrator mutually appointed by both parties. Arbitration shall be governed by the rules of the Federal Arbitration Act of the United States, and the seat of arbitration shall be New York, USA.
25. Contact Us
If you have any questions about these Terms, please contact us at legal@bluerickshawusa.com
