TERMS OF USE OF MYBAE

This document is an electronic record published in terms of the Information Technology Act, 2000 and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 for access or usage of website available at www.mybae.in and an application namely {•}. This electronic record is generated by a computer system and does not require any physical or digital signatures. This website and application is owned and operated by Curacorp Private Limited (“MYBAE  “we”, “us” or “our”) and services on the website and application are provided to facilitate your (“you” or “your”) access and use of the website www.mybae.in and application {•} (“mybae.in”) and all services provided by MYBAE including online shopping of intimate lifestyle products. We request you to carefully go through these terms of use (“Terms of Use”) before using or accessing any material, information or services through the website or before you decide to purchase any products from the MYBAE - Website (“Services”). These Terms of Use apply to your visit to and your use of the MYBAE Website to purchase the products irrespective of whether such use is through a computer or a mobile phone or any other similar device, as well as to all information and recommendations provided to you on the MYBAE Website. By downloading or accessing the MYBAE Website to avail our Services, you irrevocably accept all the obligations stipulated in these Terms of Use and unconditionally agree to abide by them. These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to you. Your use of the MYBAE Website or the Services provided by the MYBAE Website shall signify your acceptance of the terms and your agreement to be legally bound by the same.

1. ELIGIBILITY

By visiting the Website or using the Services, you represent and warrant to MYBAE that you have the right, authority, and capacity to agree to and abide by these Terms of Use. In any case, you must be at least 18 years of age/the age of majority as per the laws applicable in your area and/or jurisdiction to use the Website and Services. You confirm that by placing an order for any of the products on the Website, you (and, if different, the recipient of the product) satisfy the age requirements necessary to buy that product from our Website. Your visit, dealing and/or transaction at the Website shall be treated as your representation that you are competent to enter into valid legal contracts as per the laws applicable in your area and/or jurisdiction. If you are availing of the Products from the Website, you further warrant that you have legal authority to enter into other binding agreements for the same. You agree to be financially responsible for your use of the products and access of the Website (as well as for use of your account by others). You also warrant that all information supplied by you in availing the products and accessing the Website, including without limitation the User's name, email address, street address, telephone number, mobile number, credit/debit card number and other payment details is correct and accurate. Failure to provide accurate information may subject you to civil and criminal penalties. This Terms of Use and/or any of the provision is void and/or prohibited by law, the right to access the Website is revoked in such jurisdictions.

1. CONDUCT

You agree you may not access the Website or use the Services:

• for any illegal or unauthorised purpose nor may you, in the use of the products, violate any laws in your jurisdiction (including but not limited to intellectual property rights laws).
• To transmit any worms or viruses or any code of a destructive nature. A breach or violation will result in immediate termination of Services and you might be subjected to any legal action.
• To reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit Website or products for any commercial purpose without our express written consent.
• To frame or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of without our express written consent.
• to host, display, upload, modify, publish, transmit, update or share any information that:
  1. belongs to another person and to which the user does not have any right to;
  2. is grossly harmful, harassing, blasphemous defamatory obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  3. harm minors in any way;
  4. infringes any patent, trademark, copyright or other proprietary rights;
  5. violates any law for the time being in force;
  6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  7. impersonate another person;
  8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and
  9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

 

1. ACCESS

 

• grants you a limited license to access and make personal use of this Website and Services, but not to download (other than page caching) or modify it, or any portion of it.
• This right to access cannot be extended to include any resale or commercial use of Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
• You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page at long as the link does not portray the, its affiliates, or their products or Services in a false, misleading, derogatory, or otherwise offensive manner.
• You may not use any or other proprietary graphic or trademark as part of the link without our express written consent.
• You must not use the in any way that causes, or may be likely to cause damage or impairment to the Website or interrupt free access to it in any way.

 

1. INTELLECTUAL PROPERTY

You acknowledge and agree that all information on the Website including, but not limited to, the content, materials, text, images, videos, graphics, copyrights, trademarks, logos, trade dress, icons, code, photographs, music, software and other elements available on the Website are the property of, or our affiliates or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. The trademarks, logos and service marks displayed throughout the Website are registered and unregistered trademarks of MYBAE -or affiliates or third party licensors. All other trademarks are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the licensor. Except as expressly set forth in these Terms of Use, no license is granted to you and no right, title, or interests are conveyed by virtue of accessing or using the Website. You may not copy, reproduce, download, modify, publish, sell, distribute post, display, transmit, or in any way exploit any of this Website’s contents. Misuse of our trademarks and copyrights is strictly prohibited and we aggressively protect our intellectual property rights. All rights not granted under these Terms of Use are reserved by us.

1. COPYRIGHT AND DATABASE RIGHTS

 

• All contents including photographs, text, graphics, logos, button icons, images and software on the Website is the property of its affiliates or its content suppliers or licensors.
• All software used on Website is the property of licensee or our software suppliers. You may not systematically extract and/or re-utilize parts of the contents of the MYBAE -website without our or the licensor’s express written consent.
• You may not create and/or publish your own database that features substantial parts of Website (e.g. our prices and product listings) without our express written consent.
• If you believe that that any material contained on the Website infringes your copyrights or intellectual property rights, please write to us at care@mybae.in

 

1. PRODUCT DESCRIPTION AND USE

We do not warrant that the product description, colour, information or other content of the Website is accurate, complete, reliable, current or error-free. The Website may contain typographical errors. The pictures of the product are indicative and may not match the actual product. We reserve the right to correct, change or update information, errors, inaccuracies or omissions at any time without prior notice. All products available on our Website are for your personal use only and shall not be sold, or resold or utilized for any related commercial purposes.

 

1. RETURNS AND REFUNDS

Please review our Returns/Cancellation and Refunds Policy, which applies to products purchased from this.

1. OUR SERVICES CONTRACT

Once an order is placed by you to purchase a product from Website, will send you an email confirming the receipt of your order and containing the details of your order. That email will also confirm the cost of shipment which will be added to the purchase price of the product. Your order represents an offer to us to purchase a product which is accepted by us only when we despatch that product to you and the same is confirmed by an email we send to you, stating that we have despatched the goods (the ‘Delivery Confirmation E-mail’). The acceptance will be complete at the time we send the Delivery Confirmation Email to you. Any products on the same order which we have not confirmed in a Delivery Confirmation Email do not form part of that contract. You are seeking to enter into an agreement with Curacorp, when you place an order.

1. PAYMENT
   • Payments for purchase of products can be made in one of the following ways: (i) Credit and Debit cards; (ii) Net banking; (iii) E - Wallets; (iv) UPI; and (v) Valid Gift cards issued by us.

 

• A third-party service provider is used by us for effecting and processing payments made by electronic means on Website. It is the sole responsibility of this third-party service provider to employ the measures to secure such payments. For any information pertaining to the security measures implemented by your bank, UPI, credit card or E-Wallet service provider, please contact them directly. We are not responsible or liable for any of their data security practices or obligations.

 

• Unless otherwise stated, all the product prices are inclusive of Goods and Service tax and all other applicable taxes, duties and cesses (“Taxes”). You shall be responsible for the payment of all Taxes associated with purchases made on the Website.

 

1. TERMINATION

We reserve the right to revoke your ability to access the Website and Services for any reason at any time including as a result of a violation of these Terms or the Privacy Policy, without notice and to exercise any other remedy available under the law. Any suspected illegal, fraudulent or abusive activity will be a sufficient ground for terminating your access to the Website. We may issue a warning, temporarily or indefinitely suspend, or terminate your right to use or access all or any part of the Website or Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with you. You may stop accessing the Website and Services at any time.

1. AMENDMENT TO TERMS OF USE

We reserve the right to make changes to our Website, policies, and these Terms of Use at any time. You will be subject to the Terms of Use in force at the time that you use the Website or at the time 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 are deemed invalid, void, or for any reason unenforceable, such condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

1. WITHDRAWAL OF SERVICES

We shall prior to the collection of information including sensitive personal data or Personal Information, provide an option to you not to provide the data or information sought to be collected. You shall, at any time while availing the Services or otherwise, also have an option to withdraw your consent given earlier to us. Such withdrawal of the consent shall be sent in writing to us. In the case your decision of not providing or later on withdrawing the consent, we shall have the option not to provide goods or Services for which the said information was sought.

1. DISCLAIMER

 

• We will not be held responsible for any delay or failure to comply with our obligations under these Terms of Use, if the delay or failure arises from any cause which is beyond our reasonable control.

 

• All content, products, and Services on the Website are provided to you "as is" without any guarantees or warranty. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade.

 

• We do not warrant that the functions contained in the Website and Services will be uninterrupted or error-free, that defects will be corrected, or that the Services or the server that makes them available are free of viruses or other harmful components. does not warrant or make any representations regarding the use of or the result of the use of the contents in the Services in relation to their correctness, accuracy, reliability, or otherwise. You  assume the entire cost of all necessary servicing, repair or correction.

 

1. LIMITATION OF LIABILITY

 

• To the fullest extent permitted by law, in no event will including its officers, directors, employees, agents, partners, suppliers, content providers, licensees, and successors and assigns be liable for any indirect, special, incidental, punitive, exemplary or consequential damages, whether or not has been warned of the possibility of such damages. Notwithstanding anything to the contrary in this Terms of Use, liability under this Terms of Use shall in no event exceed the price of the product purchased and if no purchase is made, exceed INR 100/- (Indian Rupees One Hundred only).

 

• In no event will liable for any third party product or services. The advertisements available on e-mail or website with respect to any third party website or the products and Services are for information purpose only.

 

• You agree to defend, indemnify, and hold harmless, its affiliates, licensors, suppliers, and third-party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns from and against any claims, actions, demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use or misuse of, or access to, the Services, the Website, or your violation of these Terms of Use, or infringement by you (or any third party using your account or identity in the Services) of any intellectual property or other right of any person or entity.  We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defenses.

 

1. WAIVER

Any delay or failure by us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing and signed by us.

1. GOVERNING LAW AND JURISDICTION

Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms of Use to arbitrate, or to your use of the MYBAE Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Mumbai. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties. We will be entitled to apply to the competent courts for interim or interlocutory relief in respect of such arbitration. Subject to the above, courts of Mumbai shall have exclusive jurisdiction over any of the disputes arising out of or in connection with this Terms of Use.

1. SEVERABILITY

If any provision of these Terms of Use is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from these Terms of Use and the remainder of these Terms of Use shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event these Terms of Use shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

1. NOTICES

All notices and other communications required or permitted hereunder to be given to a party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such party’s address as set forth below or at such other address as the party shall have furnished to the other party in writing in accordance with this provision: If to MYBAE: care@mybae.in If to you: at the email address provided by you to us when you registered as a MYBAE User.

1. PRIVACY

You confirm that you have read and fully understand the privacy policy in respect of the Website. You further consent that the terms and contents of such privacy policy are acceptable to you.

 

1. FORCE MAJEURE:We will not be liable for any delay or failure to perform resulting from causes outside of our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, mechanical, electronic or communications failure or degradation, or strikes or shortages of transportation facilities, fuel, energy, labor or materials, epidemic or pandemic.

 

1. ASSIGNMENT

We may assign, transfer, or delegate any of its rights or obligations under these Terms of Use in its sole discretion and without consent. These Terms of Use are personal to you, and you may not transfer, assign, or delegate your right and/or duties under these Terms of Use to anyone else.

1. COMPLETE UNDERSTANDING

These Terms of Use contain the entire understanding between the parties, and there are no other written or oral understandings or promises between the parties with respect to the subject matter of these Terms of Use other than those contained or referenced in these Terms of Use.

YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE