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Terms and Condition

 

 
Terms and Condition
 
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
 
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or immediately discontinue the use of our services.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under  as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
For the purpose of these terms and conditions, wherever the context so require ‘You’ shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data  while registering on the Website as Registered User using the computer systems. “Baggit/we/us/our” shall mean the Company BAGGIT INDIA PRIVATE LIMITED at appropriate places.
Use of the Baggit Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Baggit Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of Baggit and shall not transact or use Baggit website. As a minor if you wish to use or transact on Baggit, such use or transaction may be made by your legal guardian or parents who have registered as users of the Baggit. Baggit reserves the right to terminate your membership and refuse to provide you with access to the Baggit if it is brought to Baggit’s notice or if it is discovered that you are under the age of 18 years.
 
Introduction:
1.          www.baggit.com website ("Website") is an Internet based content and e-commerce portal operated by Baggit.
2.  Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time.
User Account, Password, and Security:
You will receive a password and account designation upon completing the Website's registration process through electronic records. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Baggit of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Baggit cannot and will not be liable for any loss or damage arising from your failure to comply with this.
Limited User:
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that Baggit's name is stated as the source and prior written permission of Baggit is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
 
User Conduct and Rules:
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
 
2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
 
3. Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
 
4. Upload any video, photographs, or images of another person without his or her express written consent and permission (In case of minors, even if you have consent from the minor or his or her legal guardian).
 
5. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
 
6. Conduct or forward surveys, contests, pyramid schemes or chain letters;
 
7. Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
 
8. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
 
9. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
 
 
10.Violate any applicable laws or regulations for the time being in force in or outside India; and
 
11.Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
 
12.You shall not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Baggit reserves the right to bar any such activity.
 
13.You shall not create any false account or profile with Baggit. You alone are solely responsible for the data and information which has been provided to Baggit. You shall not impersonate any other person/institution for any purposes.
 
14.Baggit reserves the right, but has no obligation, to monitor the materials posted on Baggit website. Baggit shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right of Baggit, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE BAGGIT WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect the views of Baggit. In no event shall Baggit assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on Baggit. You hereby represent and warrant that you have all necessary rights in and to all Content you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
 
Pricing:
Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at Baggit discretion.
Membership on the Baggit is free. Baggit does not charge any fee for browsing and buying. However Baggit reserves the right to charge fees and change its policies from time to time in future. Baggit may at its sole discretion introduce any new services and modify some or all of the existing services offered. Changes in context of the Fees and related policies shall automatically become effective immediately once implemented. You shall be solely responsible for compliance of all applicable laws including those applicable for India for performing any transaction online.
 
Shipping:
Octroi and localbody taxes will be applicable for certain regions and will have to be borne by the buyer. Baggit will not be responsible for it.
Product will be shipped within 7-10 days after payment has cleared. Complete shipping address with nearby landmark should be mentioned with pin code and phone number is compulsory.Baggit will not be liable for the incorrect shipping address provided by you. Products will be shipped by Blue Dart. If your area is not under service of the following courier companies, kindly let us know which courier services are available at your area. In such cases, the shipment charges would be entire borne by you only.
 
Cancellation of order:
Baggit reserves the right to cancel any order without any explanation for doing so, under situation where Baggit is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with policy Baggit. However we shall duly intimate the concerned person and the applicable refund will be made in reasonable time.
BAGGIT Site User Agreement
If it turns out that a particular term is not enforceable, then it will not affect any other terms in any manner.
 
General
 
Restrictions on use, Terms of use
This BAGGIT Site is owned and operated by Baggit, Baggit India Pvt Ltd, ("the Company") further known as "BAGGIT" and contains material which is derived in whole or in part from material supplied by the Company, various new agencies and other sources, and is protected by international copyright and trademark laws. The restrictions on use of the material and content on this BAGGIT Site by the Subscriber are specified below . Except where specifically authorised, the Subscriber may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this site including code and software.
 
By using the BAGGIT Site (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use the BAGGIT Site is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any.
 
The Company shall have the right at any time to change or discontinue any aspect or feature of BAGGIT Site, including, but not limited to, content, hours of availability and equipment needed for access or use.
 
Email
Electronic-mail (E-Mail) transmission may contain confidential proprietary or legally privileged information of "BAGGIT" and intended solely for the use of the individual/(s) or entity/(ies) to whom it is addressed. If you have erroneously received this message, please delete it immediately and notify the sender. Further acknowledges that any views expressed in this message are those of the individual/(s) sender/(s) and no binding nature of the message shall be implied or assumed unless the sender does so expressly with due authority of BAGGIT. Communicating through E-mail is not secure and capable of interception, corruption and delays. Anyone communicating with BAGGIT by email accepts the risks involved and their consequences. Before opening any attachment/(s) please check them for viruses and defects.
 
Changed Terms
The Company shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of the BAGGIT Site, or any part thereof, or to impose new conditions, including but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to, posting on the BAGGIT Site, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of the BAGGIT Site by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
 
Equipment
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the BAGGIT Site and all charges related thereto.
 
Subscriber Conduct
Subscriber shall use the BAGGIT Site for lawful purposes only. Subscriber shall not post or transmit through the BAGGIT Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give right to civil liability or otherwise violate any law, or which, without the Company's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in the Company's discretion restricts or inhibits any other Subscriber from using or enjoying BAGGIT Site will not be permitted. Subscriber shall not use BAGGIT Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with the BAGGIT Site. BAGGIT Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music or sound, and the entire contents of BAGGIT Site are copyrighted as a collective or severable work under applicable copyright laws. The Company and/or its affiliates own or have acquired a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of the Company and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
 
Subscriber shall not upload, post or otherwise make available on the BAGGIT Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of BAGGIT Site, Subscriber automatically grants, or warrants that the owner of such material has expressly granted the Company the royalty fee, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants the Company the right to edit, copy, publish and distribute any material made available on BAGGIT Site by Subscriber.
 
The foregoing provisions are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
 
Disclaimer of Warranty: Limitation of Liability
Subscriber expressly agrees that use of BAGGIT Site is at Subscriber's sole risk. Neither the Company, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that BAGGIT Site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of BAGGIT Site, or as to the accuracy, reliability or content of any information, service, or merchandise provided through BAGGIT Site.
 
BAGGIT Site is provided on an "As Is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
 
This disclaimer of liability applies to any damages or injury, caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Subscriber specifically acknowledges that the Company is not liable for the defamatory, offensive or illegal conduct of other subscribers or third-parties in cases including but not limited to any interactive communication on or through the site and that the risk of injury from the foregoing rests entirely with subscriber(s).
 
In no event will the Company, or any person or entity involved in creating, producing or distributing BAGGIT Site or the BAGGIT Site software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use BAGGIT Site. Subscriber hereby acknowledges that the provisions of this section shall apply to all content on BAGGIT Site.
 
In addition to the terms set forth above neither, the Company, not its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within BAGGIT Site, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Prior to the execution of a stock trade, subscribers are advised to consult with your broker or other financial representative to verify pricing or other information. The Company, its affiliates, information providers or content partners shall have no liability for investment decisions based on the information provided. Neither, the Company, nor its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information.
 
ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION
Risk of loss
All items purchased from Baggit are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Baggit shall not be responsible for the shipment which may not reach as a result of incomplete or false shipping address. Also, Baggit shall not be responsible in any manner for any delays on the part of shipment agency.
What we do about Mispricing
Despite our best efforts, a small number of the many hundreds of items in our catalogue are mispriced. However, we verify prices as part of our dispatch procedures.
If an item's correct price is lower than our stated price, we charge the lower amount and send you the item.
If a product's correct price is higher than our stated price, we will cancel your order and notify you of that cancellation.
Breach
Without limiting other remedies, Baggit may limit or terminate your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Baggit website in the event you are found to be in a breach of any of the terms and conditions in this Agreement.
Indemnity
You shall indemnify and hold harmless Baggit, its owner, licensee, affiliates and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or 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 of a third party.
Limitation of Liability
IN NO EVENT SHALL BAGGIT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF BAGGIT HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
 
Monitoring
The Company shall have the right, but not the obligation, to monitor the content of BAGGIT Site, all interactive communication including but not limited to chat rooms and forums, to determine compliance with this Agreement and any operating rules established by the Company and to satisfy any law, regulation or authorized government request. The Company shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on BAGGIT Site. Without limiting the foregoing, the Company shall have the right to remove any material that the Company, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
 
Indemnification
Subscriber agrees to defend, indemnify and hold harmless the Company, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney's fees, arising out of the use of BAGGIT Site by Subscriber or Subscriber's Account.
 
Termination
Either the Company or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, the Company shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which the Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement.
 
Trademarks
BAGGIT, BG, GG, and/or any other trademarks and trade names being shown or used on the site are the property of their respective owners.
 
Third Party Content
The Company is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, the Company has no more editorial control over such content than does a public library, bookstore, or news stand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of BAGGIT Site, are those of the respective author(s) or distributor(s) and not of the Company. Neither the Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
 
In many instances, the content available through BAGGIT Site represents the opinions and judgements of the respective information provider, Subscriber, or other user not under contract with the Company. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on BAGGIT Site by anyone other than authorized the Company employee spokespersons while acting in their official capacities. Under no circumstances will the Company be liable for any loss or damage caused by a Subscriber's reliance on information obtained through the BAGGIT Site. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through BAGGIT Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
 
Miscellaneous
This Agreement and any operating rules for BAGGIT Site established by the Company constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of India and courts in Mumbai shall have the exclusive jurisdiction to entertain and try any dispute arising out of or in relation to this Contract. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
 
Bulletin Boards / Message Boards
The Company may include bulletin boards and chat rooms ("bulletin boards") which allow feedback to the Company and real-time interaction between users. The Company does not control the messages, information or files delivered to bulletin boards. It is a condition of your use of the bulletin boards and this BAGGIT site that you do not: restrict or inhibit any other user from using and enjoying the bulletin boards. post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law. post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder. post or transmit any information, software or other material which contains a virus or other harmful component. post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising.
Any personal information identifying any visitor to the BAGGIT Site or Subscriber ("Personal Information") if required, is asked for explicitly in the relevant page on the BAGGIT Site. Personal Information is used to operate the BAGGIT Site, and we may occasionally inform you of new features, services, and products from the Company.
We may place a text file called a "cookie" in the browser files of your computer. The cookie itself does not contain Personal Information although it will enable the Site to relate your use of the Site to information that you have specifically and knowingly provided to the BAGGIT Site.
 
JURISDICTION:
This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. Any dispute or litigation shall be subject to the Jurisdiction of the Courts of Mumbai alone and not at any other place in India or outside its boundaries.
 
If at any time you believe this BAGGIT Site has not adhered to these principles, please notify us by e-mail to customercare@baggit.com  and we will use all commercially reasonable efforts to promptly determine and correct the problem.
 
If you have questions about this policy, please e-mail us at customercare@baggit.com