English
Terms & Conditions
These Terms of Use, together with the documents referenced herein (collectively the “Terms”), apply to the web / mobile application named “BANARASI NIKETAN”. “BANARASI NIKETAN” (“BANARASI NIKETAN”, “We”, “Our” or “Us”) permits you to use the web / mobile application subject to these Terms and any applicable rules applied by Apple Inc. (“App Store Rules”) and Google Inc. (“Play Store Rules”) with respect to the use of their App Store and Play Store respectively located at https://www.apple.com/itunes (“App Store”) and https://play.google.com/store (“Play Store”). You (“You” the App user) may only utilize the App in accordance with these Terms.
1. IMPORTANT NOTICES:
1.1 Please read these Terms carefully before browsing web application, downloading, installing, or using the App. By downloading, installing, accessing, browsing, or using the App, you accept and agree to these Terms which bind you legally. The Terms are entered into for the benefit of BANARASI NIKETAN who may each enforce against you. If you do not agree to these Terms, you are not permitted to use the web / mobile application and you must immediately cease downloading, installing, or using the App.
1.2 The content provided in the web / mobile application is intended for general informational purposes only. Companies and individuals should not rely on the information provided in the web / mobile application for the prevention or mitigation of risks or as an explanation of coverage or benefits under an insurance policy. If you are a Customer of BANARASI NIKETAN, you may be subject to other agreements with BANARASI NIKETAN. These Terms apply to the use of the web / mobile application and do not change or alter any other contract or agreement between you and BANARASI NIKETAN. Please refer to your policy documentation or BANARASI NIKETAN customer service representative for more information regarding any applicable BANARASI NIKETAN service or product.
1.3 If you experience any technical issues with the App, or you would like to contact us regarding these Terms, you may contact BANARASI NIKETAN by sending an email to banarasiniketan@gmail.com.
1.4 In order to use the App, you must have a compatible device that meets the following minimum specifications: for Apple devices, requires iOS 6.0 or later, and is compatible with iPhone, iPad, and iPod Touch; for Android, 4.4 and up, with both accelerometer and gyroscope sensors. Any compatible device to which you download the App will be known as a “Device” for the purposes of these Terms. You confirm that you either own the applicable Device or if not owned by you, you have obtained permission to install and use the App on such Device. You accept responsibility for any use of the App on or in relation to such Device, whether such Device is owned by you, or such use was made by you.
2. ACKNOWLEDGEMENTS
2.1 These Terms apply to the web and mobile application, including any updates or supplements thereto. BANARASI NIKETAN may change or revise these Terms from time to time in its sole discretion, with or without notice to you. You are bound by any such revisions and should therefore periodically visit this page to review the then-current terms and conditions. Your access and use will be subject to the most current version of the Terms. Your use of the Application after such revised Terms are made available will signify your acceptance of such revised Terms and your agreement to be bound by them.
2.2 From time to time, updates to the web and mobile application may be made available through the App Store and Play Store. Depending on the update, and whether you utilized the App Store or Play Store to download and access the App, you may not be able to use the App until you have installed the latest version.
2.3 You confirm that you are of legal age in your country to form a binding contract and hereby agree to be bound by these Terms. If you are an employee or other representative of a business or other entity and you are using the App in your representative capacity, then you hereby represent that you are authorized to use the App as a representative of the entity and agree to these Terms on behalf such entity.
3. PRIVACY
3.1 Your submission of information, including personal information, through or in connection with the web and mobile application (if any) is governed by the terms of our Privacy Policy as updated from time to time, available at https://banarasiniketan.com/privacypolicy (“Privacy Policy”), and any additional privacy notice issued by your employer in connection with your participation in BANARASI NIKETAN portal.
4. THIRD-PARTY CONTENT
4.1 The web and mobile application may contain links to independent third-party mobile applications or other applications (“Third-Party Sites”). Third-Party Sites are not under our control, and you agree that we are not responsible for and do not endorse or monitor their content or privacy policies (if any). We expressly disclaim any liability for loss or damage sustained by you because of the accessing and use of Third-Party Sites.
5. LICENSE
5.1 Subject to these Terms, the Privacy Policy, and the App Store Rules and Play Store Rules (as applicable), we grant to you a non-exclusive, non-transferable, non-sub licensable, personal, limited, revocable license to use the App on the Devices for the purposes of helping users better understand and improve their driving behaviours. Any other use of the App is strictly prohibited. We reserve all rights in and to the App. BANARASI NIKETAN reserves the right to revoke this license at any time, at its sole discretion.
6. LICENSE RESTRICTIONS
6.1 Except as expressly permitted under these Terms, and unless prohibited by applicable law, you agree:
(a) not to copy, reproduce, republish, reuse, upload, post, transmit or distribute any content presented in or provided by the App, including without limitation for public or commercial purposes, including any text, images, audio, and video, except as permitted by the App’s sharing function;
(b) not to rent, lease, sub-license, loan, distribute, time-share, or translate the App in any way;
(c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, decompile, reverse-engineer, or create derivative works based on the whole or any part of the App;
(e) not to sell, resell, or exploit the App in whole or in part (including object and source code), in any form to any person without prior written consent from us;
(f) not to remove any copyright, trademark, or other proprietary rights notices from the App;
(g) that you represent and warrant that you are not located in a country that is subject to an Indian Government embargo, or that has been designated by the Indian Government as a “terrorist supporting” country; and that you are not listed on any Indian Government’s list of prohibited or restricted parties.
7. ADDITIONAL RESTRICTIONS
7.1 You agree:
(a) not to use the App in any unlawful manner, for any unlawful or criminal purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App;
(b) not to use the App to record, post, or transmit any information that is defamatory, threatening, abusive, offensive, obscene, indecent, discriminatory, or is otherwise objectionable or infringes on third-party rights;
(c) not to use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, or restrict or inhibit any other users from using the App (including by hacking or defacing the App); and
(d) not to collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App, including, without limitation, by using any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, scrape, data mine or in any way gather the App content or reproduce or circumvent the navigational structure or presentation of the App without our prior written consent.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 You acknowledge that (i) all intellectual property rights in and to the App belong to the BANARASI NIKETAN Companies or their licensors, (ii) the rights granted herein are licensed (not sold) to you, and (iii) you have no rights in, or to, the App or its content other than the right to use the App in accordance with these Terms.
8.2 In the event that you elect to share information with BANARASI NIKETAN through the App’s “Email Us” function, you agree and acknowledge that (i) all information supplied by you is either original to you, or you have the right to share it with the BANARASI NIKETAN, (ii) BANARASI NIKETAN may utilize the information you supply, in whole or in part, in any manner in connection with the App, (iii) any modifications or improvements made to the App or BANARASI NIKETAN’s products or services as a result of your feedback are owned and controlled solely by BANARASI NIKETAN, (iv) you have no right, title or interest in or to the App as a result of sharing your feedback. Do not submit any confidential, proprietary, or personal information through the “Email Us” function.
8.3 All trademarks, service marks, trade names, and logos are proprietary to BANARASI NIKETAN or used by BANARASI NIKETAN with the permission of its third-party providers. Nothing contained in this App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this web /mobile application without the written permission of BANARASI NIKETAN. Your use of the trademarks displayed in this App, or any other content in this App, except as provided herein, is strictly prohibited. You acknowledge that you have no right to have access to the App in source code form.
9. PAYMENT POLICY
9.1 For you to purchase Products through our Web/Mobile application, we accept debit cards, credit cards, UPI, or net banking. We accept the following bank or credit cards: Visa, MasterCard, and Rupay. All card payments are subject to authorization by your card issuer and are electronically processed by our approved payment gateway provider – Worldline/CCAVENUE/Cashfree. We do not store any credit card information CVV, Expiry Date, etc. and such information is not collected or stored on our web/mobile application.
9.2 The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. In case, you have not received the goods due to any postal or shipping agent’s failure, subject to our investigation, we shall make replacement delivery of Products or cancel the order and credits the amount to your account. In case you refuse to receive the goods, we shall not be able to make any refunds.
10. SHIPPING AND DELIVERY POLICY
10.1 Products are shipped from our warehouse in Burdwan and Kolkata. We engage reputed and authorized agents for delivery.
10.2 We try our best to ship the products to you as soon as possible. On average, processing the order normally takes 1 working days, and then Shipping normally takes 3 working days. However, if the item ordered is under production/out of stock/ bulky, it may take longer to process your order. Should this happen, we will keep you informed by email or SMS. Transit times are also determined by the shipping method and delivery location. Shipping may be varied during acts of nature, festivals, holidays, or the occurrence of unforeseen circumstances, an act of God events that may impede the logistical planning.
10.3 Shipping Charges: Shipping and handling rates could vary based on product, packaging, size, volume, type, and other considerations. The shipping and handling charges are given at the time of check out and you will know about this before making payments after you provide the shipping address for your order.
10.4 Order deliveries will be made between 9 AM and 7 PM from Monday – Sunday (7 days). Excluding public holidays.
10.5 Delivery on all locations will not be on the same timeline and would be subject to the remoteness of the location. Please bear with us in case delivery of orders at your location take longer than usual. While placing an online order, you will be prompted to enter your pin-code to check if the pin-code for your location is serviceable. In the event your pin-code is not directly serviceable by BANARASI NIKETAN, we may suggest other options to you including the option to collect your order from your nearest location. You may get in touch with Customer Care if you have any questions on delivery.
10.6 Our delivery depends on the size and volume of the product ordered. In the case of small and medium-sized products, we will deliver the Product to your doorstep. If you are not available at the delivery address or cannot be there to receive the Product, please suggest an alternative person who can receive it on your behalf i.e., a family member, colleague, neighbour, etc. However, in case of bulky and high-volume orders, we deliver at the nearest transport service unit. We shall intimate you the details of transport and delivery before shipment. However, BANARASI NIKETAN takes no responsibility for the Products received by an alternate person.
10.7 It is to be noted that ownership or title of a product will be considered to be transferred to you once the product is received by you or your representative. BANARASI NIKETAN will not be responsible for any damage to the product after delivery.
10.8 An order can be accepted or rejected by BANARASI NIKETAN for various reasons like unavailability of the product or unserviceable location of the customer. BANARASI NIKETAN may not accept an order that, as per BANARASI NIKETAN’s delivery chain, is not serviceable or may cancel an order even after accepting, if it is informed later that delivery to the customer’s address is not possible. In any case, you will not be charged if your order is not deliverable or cancelled by BANARASI NIKETAN.
10.9 Terms of shipping and delivery may vary in case you are Franchisee/Dealer or if it is a bulk order. In case you are franchisee/dealer/bulk orders, it shall depend on the sole discretion of BANARASI NIKETAN.
11. RETURNS AND REFUNDS
11.1 We strive to give you the very best shopping experience possible.
11.2 Refund requests and replacements will be, however, subject to checking and vetting by BANARASI NIKETAN and are governed by the terms of our Refund Policy as updated from time to time, available at https://banarasiniketan.com/refund_policy (“Refund Policy”).
12. CANCELLATION POLICY
12.1 If you wish to cancel your order, you can do so by following the cancellation tab in your order. Cancellation of an order usually will be allowed only for a few hours or until the order is ready to dispatch. When the order becomes ineligible for cancellation, the cancellation tab will be deactivated and indicate that you are no longer allowed to cancel the order. If you have any issue with cancellation, please send us an email on banarasiniketan@gmail.com. For any cancellation, however, in the event BANARASI NIKETAN has been charged by the bank, you shall bear the banking charges, as applicable. Refunds will be processed through the same mode within 7- 10 working days or as informed to you.
13. DISCLAIMER
13.1 The web and mobile application is provided ‘as is’ and, to the extent permitted by applicable law, BANARASI NIKETAN and its’ directors, officers, employees, agents, representatives, licensors, third party providers, and affiliates, exclude all representations or warranties of any kind, express or implied including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. Any reliance on or use of the App shall be at your sole risk. BANARASI NIKETAN, the App Store, and the Play Store, shall not have any obligation to furnish any maintenance and/or support services with respect to the App. We expressly disclaim any liability for loss or damage sustained by you because of the accessing and use of the App.
13.2 We do not warrant that the functions contained in the web and mobile application will be uninterrupted or error-free, that defects will be corrected or that the App is free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the App. You agree to conduct your own due diligence to assess the accuracy, reliability, and quality of all content provided by the App.
13.3 You (and not us) assume the entire cost of all necessary servicing, repair, or correction in respect of your Device.
14. LIMITED WARRANTY
14.1 The web and mobile application shall be validly licensed, of satisfactory quality, fit for the purpose for which it was provided, and shall comply in all material respects with the description made available to you prior to downloading or installing it. In the event of any failure to comply with the warranty given in this section BANARASI NIKETAN shall, as your sole remedy, either repair or replace the App or if that is not possible provide an appropriate refund in respect of the affected feature or function.
14.2 If through our failure to exercise reasonable skill and care we provide you with digital content which damages a Device, you may be entitled to compensation under consumer law. However, we will not be liable for damage that you could have avoided by installing the latest version of the App or for damage that was caused by you failing to correctly install the App or having in place the minimum system requirements.
15. AVAILABILITY
15.1 We reserve the right, temporarily or permanently, in whole or in part, to modify, suspend or discontinue the App without notice for any reason without liability to you, except where prohibited by applicable law.
15.2 In addition, you acknowledge that the web / mobile application is provided over the Internet and mobile networks and so the quality and availability of the web and mobile application may be affected by factors outside our reasonable control. Accordingly, we do not accept any responsibility for any connectivity issues that you may experience when using the App. In addition, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the web and mobile application, and for paying any data charges that may be charged to you by your network provider in connection with your use of the App. In the event you choose to share information from the App by utilizing SMS/text functionality, you acknowledge and agree that you (and not us) are responsible for paying any related fees that may be charged to you by your network or telecommunications provider.
16. LIMITATION OF LIABILITY
16.1 You agree that you use the web and mobile application and/or any Third-Party Sites at your own risk. You further understand and agree that we are not responsible or liable for your illegal, unauthorized, or improper use of information transmitted, monitored, stored, or received using the Application.
16.2 To the fullest extent permitted under applicable law, in no event shall we be liable to you personally for any loss, injury, or damages (including but not limited to any special, indirect, consequential, or punitive damages, lost profits, lost revenues or other incidental damages) arising out of the use, inability to use, or the results of the use of the Application.
17. INDEMNIFICATION
17.1 To the extent permitted by applicable law, you agree to indemnify us for any claims, actions, demands, losses, liabilities, damages, costs, and expenses (including legal expenses and other costs, such as attorneys’ fees) reasonably incurred by us that arise out of your use of the web and mobile application in breach of these Terms. We reserve the right to assume the exclusive defence and control of any claim brought by a third party in connection with your use of the web and mobile application and you agree to assist and co-operate with us in relation to any such claim.
18. TERMINATION
18.1 BANARASI NIKETAN may discontinue, suspend, or modify the web and mobile application at any time without notice and may block, terminate, or suspend your access to the Application at any time without notice for any reason in its sole discretion, even if access continues to be allowed to others. Upon termination, you must cease use of the App and remove it from all applicable Devices.
19. EVENTS OUTSIDE OUR CONTROL
19.1 We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including any failure of public or private telecommunications networks.
20. THIRD-PARTY BENEFICIARIES AND APP STORE / PLAY STORE
20.1 With respect to downloading the App, you agree to comply with the App Store Rules and Play Store Rules, as applicable. You acknowledge that the availability of the App may be dependent on the App Store or Play Store from which you receive the App. You acknowledge these Terms are between you and BANARASI NIKETAN and not with the App Store or Play Store. The App Store and Play Store are not responsible for the App, the content thereof, maintenance, support services, and warranty therefore, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You acknowledge that the App Store and Play Store (and their respective subsidiaries) are third-party beneficiaries of these Terms and will have the right to enforce these Terms against you.
21. LAW AND JURISDICTION
21.1 To the extent permitted by applicable law, these Terms are governed and construed by the laws of India. and you consent to the non-exclusive jurisdiction of the Indian courts. We retain the right to bring proceedings against you for breach of these Terms in your country of residence or other relevant countries.
22. OTHER IMPORTANT TERMS
22.1 We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or your obligations under these Terms. You may not transfer your rights or obligations under these Terms.
22.2 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
22.3 Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
22.4 These Terms constitute the entire agreement between us with respect to your use of the App. Such Terms supersede all prior understandings or agreements between us. In addition, in entering into these Terms you have not relied on and (in the absence of fraud) you shall have no right or remedy in respect of any statement, representation, assurance, or warranty other than as set out in these Terms.
22.5 Except to the extent specified in these Terms, or otherwise permitted by applicable law, a person or entity who is not a party to these Terms may not enforce these Terms.
22.6 No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither of us has any authority of any kind to bind the other in any respect.