Terms and Conditions
Effective Date: May 1, 2023 | Last Updated: Dec 20, 2024
Website Covered: www.bndleu.com
THE AGREEMENT
The use of this website and services on this website provided by Versionwhale Private Limited (hereinafter referred to as "Owner") are subject to the following Terms & Conditions (hereinafter the "Terms of Service"), all parts and subparts of which are specifically incorporated by reference here together with the Privacy Policy.
By accessing either directly or through a hyperlink, the Website, and/or purchasing something from us, you engage in our "Service" and agree to be bound by the Terms of Service including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
These Terms of Service apply to all users of the site, including without limitation vendors, buyers, customers, merchants, browsers, and/or contributors of content. You acknowledge and agree that the Website may use your personal information in the manner described in our Privacy Policy, which sets forth how information collected about you is collected, used, and stored.
1) DEFINITIONS
The parties referred to in these Terms of Service shall be defined as follows:
- Owner, Us, We: The Owner, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it, available to users.
- You, the User, the Client: You, as the user of the Website, will be referred to as You, Your, Yours, or as User or Client. For the purpose of these Terms of Service, the term "User" or "you" shall mean any natural or legal person who is accessing the Website.
- Parties: Collectively, the parties to these Terms of Service (the Owner and You) will be referred to as Parties.
2) ASSENT & ACCEPTANCE
By using the Website, you warrant that you have read and reviewed these Terms of Service and that you agree to be bound by them. If you do not agree to be bound by these Terms of Service, please leave the Website immediately. The Owner only agrees to provide use of this Website and Services to you if you assent to these Terms of Service.
Further, based on the Services obtained by a User, additional terms and conditions in respect of the specific Services may apply, which shall be deemed an agreement between the Users and the Owner.
3) AGE RESTRICTION
You must be at least 18 (eighteen) years of age to use this Website or any Services contained herein. By using this Website, You represent and warrant that You are at least 18 years of age. The Owner assumes no responsibility or liability for any misrepresentation of your age.
4) ABOUT THE SITE
The Website is an online store that carries out sales of subscription-based products, software services, and bundled offerings. The Owner reserves the right to refuse service or sale at its discretion.
5) LICENSE TO USE WEBSITE
The Owner grants you a limited, non-exclusive, non-transferable, and revocable license to use the Website and its Services in accordance with these Terms.
6) INTELLECTUAL PROPERTY
All content and intellectual property on the Website are owned by the Owner. Any unauthorized use may violate copyright, trademark, and other laws.
7) USER OBLIGATIONS
As a user of the Website or Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website and Services. You must not share such identifying information with any third party and if You discover that Your identifying information has been compromised, You agree to notify us immediately in writing. An email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. The billing information You provide us, including credit card, billing address, and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of Your identifying information. Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of these Terms of Service. The Owner reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
8) PAYMENT & FEES
Should You register for any of the paid Services on this website or purchase any product or service on this website, You agree to pay us the specific monetary amounts required for that product or those Services. These monetary amounts ("Fees") will be described to you during your account registration and/or confirmation process. The final amount required for payment will be shown to you immediately before purchase. Payment for any ongoing Services is billed automatically until you notify us that you would like to terminate your access to the Services. We reserve the right to refuse service or refuse to sell the products on the Website at our sole discretion to anyone for any reason at any time.
9) ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services or general business of the Owner.
a) You further agree not to use the Website or Services:
- To harass, abuse, or threaten others or otherwise violate any person's legal rights.
- To violate any intellectual property rights of the Owner or any third party.
- To upload or disseminate any computer viruses or malicious software.
- To perpetrate fraud or unlawful activities.
- To engage in unlawful gambling, sweepstakes, or pyramid schemes.
- To publish or distribute defamatory or obscene content.
- To publish material inciting violence, hate, or discrimination.
- To unlawfully gather personal information of others.
We reserve the right to terminate your access to the Website or Services for violating any of these acceptable use terms.
10) COMMUNICATION
You understand that each time you use the Website in any manner, you agree to these Terms. By agreeing to these Terms, you acknowledge that you are interested in availing and purchasing the Services that you have selected and consent to receive communications via phone or electronic records from the Website including e-mail messages telling you about products and services offered by the Website (or its affiliates and partners) and understanding your requirements.
Communication can also be by posting any notices on the Website. You agree that the communications sent to You by the Website shall not be construed as spam or bulk under any law prevailing in any country where such communication is received.
11) AFFILIATE MARKETING & ADVERTISING
The Owner, through the Website and Services, may engage in affiliate marketing whereby the Owner receives a commission on or percentage of the sale of goods or services on or through the Website.
The Owner may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.
12) PRIVACY INFORMATION
Through your use of the Website and Services, you may provide us with certain information. By using the Website or the Services, You authorize the Owner to use your information in India and any other country where We may operate.
a) Information We May Collect or Receive: When You register for an account, you provide Us with a valid email address and may provide us with additional information, such as Your name or billing information. Depending on how you use our Website or Services, we may also receive information from external applications You use to access our Website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons, or others.
b) How we use information: We use the information gathered from You to ensure Your continued good experience on Our website, including through email communication. We may also track certain of the passive information received to improve our marketing and analytics, and for this, We may work with third-party providers.
c) How you can protect your Information: If You would like to disable our access to any passive information we receive from the use of various technologies, You may choose to disable cookies in your web browser. Please be aware that the Owner will still receive information about you that you have provided, such as your email address. If you choose to terminate your account, the owner may store some information about you for future reference for the following number of days: 180. After that time, it will be deleted.
13) ASSUMPTION OF RISK
The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between You and the Owner. You further agree that your purchase of any of the products on the Website is at Your own risk. The Owner does not assume responsibility or liability for any advice or other information given on the Website.
14) SALE OF GOODS/SERVICES
The Owner may sell goods or services or allow third parties to sell goods or services on the Website. The Owner undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, the Owner does not guarantee the accuracy or reliability of any product information and You acknowledge and agree that you purchase such products at your own risk.
For goods or services sold by others, the Owner assumes no liability for any product and cannot make any warranties about the merchantability, fitness, quality, safety, or legality of these products. For any claim You may have against the manufacturer or seller of the product, You agree to pursue that claim directly with the manufacturer or seller and not with the Owner. You hereby release the Owner from any claims related to goods or services manufactured or sold by third parties, including all warranty or product liability claims.
We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. Any orders including orders by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address may be subject to the above limitations.
We further reserve an absolute right to refuse any order placed by any person and to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. If we cancel your order, we will contact the e-mail and/or billing address/phone number provided at the time the order was made.
We take care to accurately display the colors and images of our products but cannot guarantee that your device screen's display of any color will be accurate. We also do not provide any warranties that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Prices and descriptions of products are subject to change at any time without notice, at our sole discretion. We may remove or discontinue any products from our site without prior notice. Any offer for any product or service made on this site is void where prohibited.
We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
15) SHIPPING/DELIVERY/RETURN POLICY
You agree to ensure payment for any items You may purchase from us and you acknowledge and affirm that prices are subject to change. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provide to us.
If we do so after payment has been processed, We will issue a refund to you in the amount of the purchase price. We may also request additional information from You before confirming a sale and reserve the right to place additional restrictions on the sale of any of Our products.
For the sale of digital products, We will charge your credit or debit card when the product is made available to you for digital use and/or download. For any questions, concerns, or disputes, you agree to contact us on time at: support@bndleu.com.
If you are unhappy with anything You have purchased on our Website, you may contact the Company using the email provided on the website. Once the return is confirmed by the company, the company will communicate further proceedings to return or refund the product.
We will make reimbursements for returns without undue delay, and not later than:
- 30 days after the day we received back from you any goods supplied; or
- (if earlier) 30 days after the day you provide evidence that you have returned the goods; or
- if there were no goods supplied, 30 days after the day on which we were informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
16) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
- Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
- Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference with any host, user, or network.
17) DATA LOSS
The Owner does not accept responsibility for the security of your account or content. You agree that your use of the Website or Services is at your own risk.
18) INDEMNIFICATION
You agree to defend and indemnify the Owner and any of its affiliates (if applicable) and hold us harmless against any legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Website or Services, your breach of these Terms of Service, or your conduct or actions.
You agree that the Owner shall be able to select its legal counsel and may participate in its defense if the Owner wishes.
19) SPAM POLICY
You are strictly prohibited from using the Website or any of the Owner's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
20) THIRD-PARTY LINKS & CONTENT
The Owner may occasionally post links to third-party websites or other services ("Third-Party Links") on the Website. You agree that the Owner is not responsible or liable for any loss or damage caused as a result of your use of any third-party services linked to or from our Website. We do not monitor or review the content of other parties’ websites that are linked to this Website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. You acknowledge and agree that your use of any Third-Party Links is at your own risk.
20(a) LINKS TO THIS WEBSITE
You may not create a link to any page of this Website without Our prior written consent. If you do create a link to a page of this Website, You do so at Your own risk and the exclusions and limitations set out in these Terms of Service will apply to Your use of this Website by linking to it.
20(b) LINKS FROM THIS WEBSITE
We do not monitor or review the content of other parties' websites that are linked to this Website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage you to be aware when you leave our site and to read the privacy statements of any other site that collects personally identifiable information. You should evaluate the security and trustworthiness of any other site connected to this Website or accessed through this Website yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from Your disclosure of personal information to third parties.
20(c) THIRD-PARTY LINKS & ADS; OTHER USERS
The Website may contain links to third-party websites and services, and/or display advertisements for third parties ("Third-Party Links & Ads"). Such Third-Party Links & Ads are not under Our control, and We are not responsible for any Third-Party Links & Ads. We provide access to these Third-Party Links & Ads only as a convenience to you and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies will apply, including the third party's privacy and data-gathering practices.
21) MODIFICATION & VARIATION
The Owner may, from time to time and at any time without notice to you, modify these Terms of Service. You agree that the Owner has the right to modify these Terms of Service or revise anything contained herein. You further agree that all modifications to these Terms of Service are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of these Terms of Service unless prior versions are specifically referred to or incorporated into the latest modification or variation of these Terms of Service.
- To the extent any part or sub-part of these Terms of Service is held ineffective or invalid by any court of law, You agree that the prior, effective version of these Terms of Service shall be considered enforceable and valid to the fullest extent.
- You agree to routinely monitor these Terms of Service and refer to the Effective Date posted at the top of these Terms of Service to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of these Terms of Service.
- If you fail to monitor any modifications to or variations of these Terms of Service, you agree that such failure shall be considered an affirmative waiver of your right to review the modified Agreement.
22) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties concerning any use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
23) SERVICE INTERRUPTIONS
The Owner may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but the Owner shall have no liability for any damage or loss caused as a result of such downtime.
24) TERM, TERMINATION & SUSPENSION
The Owner may terminate these Terms of Service with You at any time for any reason, with or without cause. The Owner specifically reserves the right to terminate these Terms of Service if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Owner or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material.
If you have registered for an account with us, you may also terminate these Terms of Service at any time by contacting us and requesting termination. Please keep in mind that any outstanding fees will still be due even after the termination of your account.
At the termination of these Terms of Service, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
25) NO WARRANTIES
You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an "As Is" and "As Available" basis. To the fullest extent permitted by law, the Owner expressly disclaims any express or implied warranties of any kind, including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, or arising from a course of dealing usage, or trade practice.
The Owner makes no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful code. The Owner makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services, or that any errors in the Service will be corrected.
Any information, software, products, services, and related graphics provided on this Website are provided "As Is" and "As Available" without warranty of any kind. You acknowledge that any reliance on such materials shall be at your own risk.
Additional Disclaimers:
The Website does not guarantee that the Site will meet your requirements, that it will be available on an uninterrupted, timely, secure, or error-free basis, or that it will be accurate, reliable, complete, legal, or safe. If applicable law requires any warranties concerning the Site, all such warranties are limited in duration to ninety (90) days from the date of first use.
Because some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty lasts, the above exclusions or limitations may not apply to you.
26) LIMITATION ON LIABILITY
To the fullest extent permitted by law, the Owner is not liable for any damage that may occur to you as a result of your use or inability to use the Website or Services. Under no circumstances shall the Owner be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits or lost data, arising from or relating to these Terms of Service, even if the Owner has been advised of the possibility of such damages.
The maximum liability of the Owner arising from or relating to these Terms of Service shall be limited to the lesser of Rs. 1000 (Rupees One Thousand only) or the amount You paid to the Owner in the last six (6) months for the Services giving rise to the claim.
Additional Limitations:
Access to and use of the Site is at your discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to these Terms or your use of the Site. Because some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, the above limitation or exclusion may not apply to you.
27) GENERAL PROVISIONS
- Language: All communications made or notices given pursuant to these Terms of Service shall be in the English language.
- Jurisdiction, Venue & Governing Law: You agree that the laws of India shall govern any matter or dispute relating to or arising out of these Terms of Service. Any litigation shall be subject to the exclusive jurisdiction of the courts at Bangalore, Karnataka, India.
- Assignment: These Terms of Service may not be assigned, sold, leased, or otherwise transferred by you. If assigned by the Owner, the rights and liabilities shall bind the assignees, successors, and executors.
- Severability: If any part of these Terms of Service is held invalid, the remaining parts will continue in full force.
- No Waiver: Failure to enforce any provision shall not constitute a waiver of future enforcement of that provision.
- Headings for Convenience Only: Headings are for organizational purposes only and do not affect interpretation.
- No Agency, Partnership, or Joint Venture: No such relationship has been created between the Parties as a result of these Terms of Service.
- Force Majeure: The Owner is not liable for failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, or governmental actions.
- Electronic Communications Permitted: Communications via email or fax are permitted under these Terms of Service. For queries, email: contact@versionwhale.com.
Contact Information
Email: contact@bndleu.com
Phone: +91-7899260293