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Bengaluru Brandscape | Terms & Conditions
LEGAL & TERMS

Terms & Conditions

Welcome to Bengaluru Brandscape. Please read these Terms & Conditions carefully before accessing or using our Platform.

Welcome to Bengaluru Brandscape

Bengaluru Brandscape Private Limited, having its registered office at 29/5, 5th Cross, 1st Main, Nanjamba Agrahar, Bangalore–560018, Karnataka, India (collectively referred to as “Bengaluru Brandscape”, “we”, “us” or “our”) is managing and operating the websites www.Bengalurubrandscape.com (“BENGALURU BRANDSCAPE”) including its corresponding mobile applications on iOS and Android (collectively, “Platform”) which inter alia facilitates the sale and purchase of various Products and associated services, offers, programs, functionality and other promotional activities (“Services”) available on the Platforms to any natural or legal person who accesses and/or uses the Platform.

By accessing and/or using the Platform, you expressly agree that these Platform Terms and Conditions (“Terms”) govern your access and/or usage of the Platform, purchase of the Products on the Platform, access to Services on the Platform, and any rights and obligations arising by virtue of your access and/or usage of any feature of the Platform.

If you do not agree with any of the Terms, we advise you not to access and/or use the Platform.

These Terms constitute an electronic record within the meaning of the Information Technology Act, 2002. This electronic record is generated by a computer system and does not require any physical or digital signatures.

By accessing and/or using the Platforms or availing any Service on the Platform or purchasing any Products on the Platform, you signify your express agreement to be bound by these Terms.

For the purposes of these Terms, “Products” shall mean the diverse range of fast moving consumer goods, fashion, lifestyle, clothing, home, beauty and related accessories listed and offered for sale on the Platform from time to time.

These Terms are divided into 2 (two) parts – (i) Part A – Terms of Use of the Platform; and (ii) Part B – Terms of Sale on the Platform.

PART A – TERMS OF USE OF THE PLATFORM

1. General

1.1 The terms and conditions for use of the Platform as set out herein (“Terms of Use”) specifically govern your access and/or usage of the Platform, which provides a forum for you to discover, select and buy Products listed on the Platforms at the indicated price at any time, from the locations serviceable by us and avail any related Services offered on the Platform.

Except where we are the seller of the relevant Products on the Platform, you agree and acknowledge that we are only a facilitator and are not and cannot be a party to or control in any manner any transactions on the Platform.

1.2 We may from time to time modify the Terms of Use that govern your access and/or use of the Platform. We reserve the right to change the format and content of the Platform or suspend the operation of the Platform for support, maintenance, updating content or any other reason.

1.3 We authorise you to view and/or use and/or access the Platform solely for identifying Products, purchases of Products, making payments in relation to purchase of Products and processing cancellation, returns and refunds and availing associated Services offered on the Platform.

1.4 By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into this Agreement. If a user is below 18 years of age, it is assumed that he/she is using/browsing the Platform under the supervision of his/her parent or legal guardian.

2. Registration of Your Account

2.1 In order to purchase Products on the Platforms and/or avail Services thereon, you will have to register on the Platform. Registration is a one-time process and is free of cost.

2.2 You may register on the Platform by creating a Bengaluru Brandscape account and providing the relevant information required for creation of your account.

2.3 You may register on the Platform on successful mobile OTP verification via your registered mobile number.

2.4 You are solely authorised to operate the account created by you. It is your responsibility to maintain the confidentiality of your login credentials and restrict access to your devices to prevent unauthorised access.

If you wish to deactivate your account, please write to hello@bengalurubrandscape.com.

2.5 You will immediately inform us of any unauthorised use of your account or any other security breach and ensure that you log out of your account at the end of each session.

We reserve the right to refuse access to the Platform, restrict placement of new orders, cancel pending orders, deactivate or suspend your account for breach of these Terms, applicable laws, fraudulent transactions, fake orders, policy abuse or inappropriate conduct.

2.6 We constantly monitor user accounts in order to avoid fraudulent accounts and illegal transactions. We reserve the right to initiate legal proceedings against users for fraudulent or illegal use of the Platform.

3. Communication and Unsubscription

3.1 Once you have successfully registered on the Platform, you may receive SMS or email notifications relating to your registration and transactions. You may also receive marketing and promotional communications.

By accepting these Terms and verifying your contact number and email with us, you explicitly consent to receive communications through call, SMS, email or other digital and electronic means from us and/or our authorised representatives.

3.2 Bengaluru Brandscape may also send notifications and reminders with respect to Products and/or Services on the Platform. While we endeavour to provide these notifications promptly, we do not guarantee that every notification or reminder will be delivered.

3.3 You can unsubscribe or opt-out from receiving marketing and promotional communications, newsletters and other notifications at any time by following the instructions provided in such communications.

3.4 Calls made by/to us are confidential in nature. However, users’ calls may be recorded and monitored to ensure quality of service and for training purposes.

4. License and Access to Platform

4.1 Your use of the Platform, Services and Bengaluru Brandscape Content is subject to a non-exclusive, limited, revocable-at-will permission granted to you when you register on the Platform.

You will use and/or access the Platform solely for identifying Products, purchasing Products, making payments, processing cancellations, returns and refunds and availing associated Services for your personal use.

4.2 The permission granted to you does not include permission for resale of Products or commercial use of the Platform, collection and use of Product listings, downloading or copying account information, data mining, robots or similar data gathering tools.

4.3 You grant us a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from and display worldwide any material posted by you on the Platforms.

4.4 We reserve the right to monitor postings and respond to inappropriate use of the Platform. We may report actions considered illegal to law enforcement authorities.

4.5 Submissions and unauthorised use of materials contained on the Platform may violate copyright, trademark, privacy, publicity and other applicable laws. You are responsible for your actions and the actions of anyone using your username and/or password.

5. Access to Images

5.1 By accepting these Terms, you provide explicit consent to us to have access to your camera and gallery applications installed on your phone or computer through which you are using the Platform, for the purpose of enabling us to provide Products and/or Services according to your preferences.

5.2 Any image uploaded by you should not belong to another person without appropriate rights, licence or permission. It should not be defamatory, obscene, pornographic, paedophilic, invasive of privacy, harmful to children, infringe copyright or proprietary rights, impersonate another person or contain malicious software.

5.3 When you upload images covered by third-party intellectual property rights, you grant the required rights and licence to use, distribute, copy, reproduce, publish, display, transmit, translate and create derivative works from such images solely in connection with Products and/or Services available on the Platform.

5.4 Images uploaded by you may be accessed, used or processed by a third party for providing Products and/or Services according to your preferences.

5.5 In the event of any breach of your obligations under this section, you agree to indemnify, defend and hold us harmless from applicable claims, losses, liabilities, damages and costs.

6. Disclaimer of Warranties, Inaccuracies or Errors

6.1 We will try to ensure that all information and recommendations provided as part of the Platform are correct at the time of inclusion. However, we do not guarantee the accuracy or completeness of such information.

6.2 You agree that information provided through the Platform, including third-party information, is supplied on the condition that you make your own determination regarding its suitability for your purpose.

6.3 We are not responsible for the content of third-party sites. If you access links to third-party platforms, you do so at your own risk and expense.

6.4 Visual representations on the Platform including graphics, illustrations, photographs, images, videos, charts, screenshots and infographics are provided to assist users. Actual Products may vary.

6.5 Nothing contained herein shall be construed as a recommendation to use any Product, Service, process, equipment or formulation in conflict with any patent.

6.6 Products and/or Services available on the Platform are provided on an “as is” and “as available” basis without representations or warranties except as otherwise specified in writing.

6.7 Except as expressly provided in these Terms, the Platform and Products and Services are provided on an “as is” and “as available” basis without representations or warranties, express or implied.

6.8 AI Generated Content Disclaimer: The Platform utilizes AI technology to generate certain model images and content. AI-generated content may have limitations including potential inaccuracies, biases or unintended outcomes. Users are encouraged to exercise discretion when interpreting or relying upon such content.

6.9 To the extent permitted by applicable law, we disclaim liability for losses, damages, expenses, liabilities, claims or injury caused due to failure of performance, omission, defects, deletion, interruption, error, delay, virus, unauthorised access, theft, destruction, alteration or use of records on the Platform.

6.10 Parties other than Bengaluru Brandscape and its affiliates may operate stores, provide services or list or sell Products on the Platform. Bengaluru Brandscape does not assume responsibility or liability for the actions, products or content of such third parties.

6.11 The Platform may contain user-generated content which Bengaluru Brandscape does not pre-screen. Bengaluru Brandscape does not promise that user-generated content is accurate, complete or updated.

7. Third Party Interaction and Links to Third Party Sites

7.1 During your access and/or use of the Platforms, you may correspond with, purchase goods and/or services from or participate in promotions of third parties.

Unless otherwise stated, such correspondence, advertisement, purchase or promotion is solely between you and the applicable third party.

7.2 The Platform may include advertisements or promotions linked to third-party websites. Bengaluru Brandscape does not control such third-party websites and assumes no responsibility for their content or liabilities.

8. Copyrights in Bengaluru Brandscape Content

8.1 The Platforms contain information, content, material, text, graphics, images, logos, sounds, button icons and software code protected by copyright and/or other intellectual property rights.

All copyright and other intellectual property rights in the Bengaluru Brandscape Content are either owned by us or licensed to us.

8.2 You may use and display the Bengaluru Brandscape Content on your personal computer only for your personal use, subject to the permission granted under these Terms.

8.3 You may not copy, distribute, download, display, reproduce, modify, edit, alter, broadcast or otherwise use Bengaluru Brandscape Content except as permitted under these Terms.

8.4 The permission granted does not include resale of Products, commercial use, data mining, copying account information or creating databases from Platform content.

8.5 Bengaluru Brandscape may provide promotional cashback offers to eligible customers and unused cashback balances may be subject to expiry according to applicable policies.

8.6 If you believe your intellectual property rights have been used in a way that raises concerns of infringement, please write to hello@bengalurubrandscape.com .

9. Trademarks

All the brands, trade names, logos associated with us and all Products and logos denoted with TM are trademarks or registered trademarks of us or our affiliates.

Our trademarks may not be used in connection with any product or service that is not our product or service.

10. User Warranties and Restrictions

10.1 You represent and warrant that your use of the Platform and/or Services will not violate any applicable law or regulation and that all information submitted to us is true, accurate and lawful.

10.2 You will use the Platform for lawful purposes only and will not undertake any activity harmful to the Platform or its content.

10.3 You will not delete or modify content without permission, decompile, reverse engineer or disassemble Platform content, use unlawful services, make false or malicious statements, upload malicious software, introduce viruses or bots, probe vulnerabilities, hack into the Platform or gain unauthorised access to servers or databases.

10.4 You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, storing or sharing information that belongs to another person without rights, is unlawful, defamatory, obscene, harmful to minors, infringes intellectual property rights, impersonates another person or contains malicious software.

11. Indemnification and Limitation of Liability

11.1 You agree to indemnify, defend and hold harmless Bengaluru Brandscape, its affiliates, officers, directors, employees, consultants, licensors, agents and representatives from third-party claims, losses, liabilities, damages and costs arising directly or indirectly from your unauthorised access or use of the Platforms or Services, violation of these Terms, applicable laws, negligence, wilful misconduct or infringement of intellectual property rights.

11.2 To the fullest extent permitted by law, Bengaluru Brandscape Representatives shall not be liable for direct, indirect, special, incidental, consequential, exemplary, remote or punitive damages arising from or related to the use of or inability to use the Platform.

11.3 Bengaluru Brandscape Representatives shall not be liable for the use or inability to use the Platform or Services, content posted or received through the Platform, unauthorised access to user data or other matters relating to the Platform and/or Services.

11.4 Bengaluru Brandscape is neither liable nor responsible for actions or inactions of other users or breaches by them and is not obligated to mediate disputes between users.

11.5 None of the directors, officials or employees of Bengaluru Brandscape shall be personally liable for any action in connection with the Platforms or Services.

12. Access Outside the Republic of India

Bengaluru Brandscape makes no representation that the content on the Platform is appropriate to be used or accessed outside the Republic of India for D2C and B2C Business.

Your use of or access to the Platforms from outside the Republic of India is at your own risk and you are responsible for compliance with the laws of such jurisdiction.

13. Governing Law and Jurisdiction

These Terms are governed by and interpreted in accordance with the laws of India.

Any dispute arising in relation to these Terms or the Platform shall be subject to the exclusive jurisdiction of the courts located at Bangalore, India.

14. Term and Termination

These Terms shall be effective from the date of their publication on the Platform.

Bengaluru Brandscape reserves the right to deactivate your account, terminate your use and/or access to the Platform and/or Services in the event of breach of these Terms, misrepresentation of information, unlawful activity or inability to verify or authenticate information submitted by you.

You may terminate these Terms at any time by discontinuing further use of the Platform or Services.

Any obligations accrued prior to termination shall continue to apply.

15. Force Majeure

We will not be held responsible for any delay or failure to comply with our obligations if the delay or failure arises from causes beyond our reasonable control.

Force Majeure Events include, without limitation, floods, fire, storms, natural disasters, war, acts of terror, political unrest, epidemic, pandemic, technical snags, technical glitches, acts of God or any circumstance beyond reasonable control of the Company.

16. Waiver

No provision in these Terms will be deemed waived and no breach excused unless such waiver or consent is in writing and signed by us.

17. Severability

If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable under applicable law, such provision will be excluded and the remainder of these Terms will continue to be interpreted and enforced according to their terms.

18. Amendment

These Terms are subject to amendments and modifications and may be updated from time to time without advance notice.

You are requested to regularly review the Terms as available on the Platforms. Your relationship with the Platform will be governed by the most current version published on the Platform.

19. Personal Information

19.1 During registration and usage of the Platform or availing Services, Bengaluru Brandscape may collect and store and/or you may provide personal identifiable and sensitive information including your name, phone number, email address, postal address, pin code and other information.

19.2 Bengaluru Brandscape respects the sensitivity of your information and has formulated the Privacy Policy for the Platform, setting out the manner in which your information is collected, stored, processed, used and disclosed.

If you object to the terms of our Privacy Policy, please do not use or access the Platform or avail the Services.

20. Grievance (POC)

In accordance with applicable law, grievances which you may have with respect to the information shared by you with us or its treatment, or any grievance related to Services being availed, may be directed to the grievance POC.

Name Bhuvaneshwari B
Designation Managing Director

21. Nodal Officer

Name Darshan M
Designation Managing Director

22. Miscellaneous

22.1 In addition to these Terms, you will also ensure that you comply with the terms and conditions of third parties, such as bank offers and brand promotional offers, whose links may be contained in the Services on the Platform.

22.2 These Terms supersede all previous oral and written terms and conditions communicated to you by us for the use of the Platforms.

23. Bank Offers

Bengaluru Brandscape, in collaboration with various banks and financial institutions, may offer limited-period promotional discounts on the Platform (“Bank Offers”).

Bank Offers are subject to these Terms as well as specific Bank Offer related terms and conditions issued by Bengaluru Brandscape and/or participating banks and financial institutions.

Bengaluru Brandscape reserves the right to withdraw or modify any Bank Offer at any time, even after it has been announced.

24. Product Review & Ratings

By entering a written customer review for any Product listed on www.bengalurubrandscape.com, you grant Bengaluru Brandscape Private Limited a non-exclusive, perpetual, irrevocable, royalty-free, fully sublicensable, worldwide right and license to use, reproduce, modify, adapt, publish, translate, transmit, distribute and publicly display your Product Reviews.

Bengaluru Brandscape may evaluate and moderate Product Reviews before publication to ensure that the reviews are appropriate for publication on the Platform.

Bengaluru Brandscape may restrict access to or delete inappropriate Product Reviews that are illegal, offensive, defamatory, misleading, abusive, invasive of privacy, infringe intellectual property rights or otherwise violate applicable laws.

Product Reviews may be edited, modified or altered by the customer after submission, subject to further moderation by Bengaluru Brandscape.

Bengaluru Brandscape may remove Product Reviews at any time if they breach these Terms, the product has been sold out or the review is otherwise outdated.

Product Reviews can only be submitted by customers who have purchased Products on the Platform and the Products have been delivered to such customers.

You represent and warrant that you own or otherwise control all rights to Product Reviews submitted by you and that such reviews are lawful, true and accurate.

Product ratings are shown on the product detail page and are calculated based on mathematical objectivity. The process for calculating product ratings is outlined on the product display page.

25. In-Store Experience

25.1 The In-Store Experience feature available on the Bengaluru Brandscape mobile application is designed to enhance your shopping experience.

25.2 The scan feature allows you to scan eligible product barcodes within the store to add items to your virtual cart and proceed to checkout.

25.3 You are responsible for ensuring that all products intended for purchase are correctly scanned and reflected in your cart prior to completing payment.

25.4 Where a product or size is unavailable in the physical store, scanning the barcode may enable you to view available sizes or alternative products on the Platform, subject to availability.

25.5 Prices, product descriptions, size availability and recommendations displayed through in-store scanning features are indicative and subject to change. In case of discrepancy, the final price charged at checkout and system records shall prevail.

25.6 In-Store Experience scanning features are provided on an “as is” and “as available” basis and may be subject to technical, connectivity, environmental or device-related limitations.

25.7 Misuse of In-Store Experience scanning features, including incorrect scanning, barcode substitution, bypassing payment or interference with store operations may result in suspension or restriction of access.

25.8 We reserve the right to modify, suspend or discontinue the In-Store Experience feature at any time without prior notice.

25.9 To the maximum extent permitted under applicable law, we shall not be liable for indirect, incidental or consequential losses arising from use of the In-Store Experience feature.

25.10 By using the In-Store Experience feature, you acknowledge and consent to the collection, processing and use of personal data including location data, product scanning history, browsing behaviour, transaction data, payment information, device information and technical usage data.

25.11 All data processing activities will be conducted in accordance with the Platform’s Privacy Policy and applicable data protection laws.

25.12 By using the In-Store Experience feature available on the Bengaluru Brandscape Mobile App, you agree to these In-Store Experience-related terms.

PART B – TERMS OF SALE ON THE PLATFORM

The Terms of Sale constitute an agreement between the person or entity listed as seller on the Platform and you and govern the terms and conditions on which you purchase Products through the Platforms.

By placing an order for any Product with us or making a purchase through the Platform, you expressly agree to be bound by these Terms of Sale.

1. Our Contract of Sale

1.1 Listing and display of a Product on the Platforms is our invitation to you to make an offer for purchase of such Product. Placement of an order by you is your offer to buy the Product(s) from us.

1.2 Once you place an order, you will receive an email and/or mobile SMS confirming receipt of your order and containing order details. The Order Confirmation is merely an acknowledgement that we have received your order and does not signify acceptance of your offer.

1.3 We accept your offer and conclude the contract of sale when the Product is shipped or dispatched and Shipment Confirmation is sent to you.

We reserve the right to refuse or cancel an order before Shipment Confirmation. You can cancel your order while it is at “confirmed” status but cannot cancel once the status has moved to “packed”, “shipped” or “out for delivery”.

If the package is tampered, torn or opened at the time of delivery, you must reject the shipment and intimate the concern by emailing hello@bengalurubrandscape.com or through the Contact Us section.

1.4 If your order is dispatched in more than one package, you may receive separate Shipment Confirmations for each package.

1.5 Your contract is with us and the Products ordered by you are purchased for internal/personal purposes and not for resale or business purposes.

1.6 All orders placed on the Platforms are subject to product availability, acceptance of your offer and continued adherence to these Terms of Sale.

1.7 The title and risk of all Products ordered shall pass to you upon delivery of the purchased Products.

1.8 Communications shall be sent to your registered mobile number and/or email address. You are responsible for keeping your contact details updated.

1.9 You authorise us to make declarations to governmental authorities on your behalf regarding Products ordered for personal, non-commercial use.

2. Cancellation, Return and Refund Policy & Fees and Payment Policy

Please review the Fees and Payment Policy and Cancellation, Returns and Refund Policy of the Platforms which applies to Products sold by us on the Platform.

3. Product Availability

3.1 We list availability information for Products on the relevant webpage of the Platforms. Dispatch estimates are not guaranteed and should not be relied upon as such.

If any Product ordered by you becomes unavailable or out-of-stock, you will be informed by email and/or mobile SMS.

3.2 Products offered as rewards or benefits under promotional offers or programs are subject to inventory availability and may vary in colour and texture.

4. Product Pricing

4.1 All prices are listed in Indian Rupees. Price as displayed is inclusive of all applicable taxes.

4.2 Products in your shopping cart reflect the most recent price displayed on the Product information webpage. Placing a Product in your cart does not reserve the price shown at that time.

The prices mentioned at the time of ordering will be the prices charged on the date of delivery.

4.3 Due to high demand, Products and offers may be available in limited quantities and fulfilled on a first-come, first-served basis.

4.4 Bengaluru Brandscape may procure, source and offer products through different sourcing and fulfilment models. The same product may therefore have different pricing, discounts, availability and estimated delivery timelines depending on the applicable sourcing and fulfilment model.

5. Licenses

You acknowledge that there may be licenses or permissions required under applicable laws to use, purchase or otherwise possess certain Products. You will be solely responsible for obtaining such licenses and complying with their terms.

6. Taxes

You shall be responsible for payment of all fees, costs and charges associated with the purchase of Products and agree to bear all applicable taxes.

7. Eligibility

Only persons who can enter into legally binding contracts under the Indian Contract Act, 1872, including persons eighteen years of age or older and not disqualified from entering into contracts by law, can use the Platforms and place orders.

If you are under 18 years of age, you may purchase Products only with the involvement of a parent or guardian.

8. Limitation of Liability

In no event shall our aggregate liability, if proven and ordered by a court of competent jurisdiction, extend beyond the money charged from you for purchases made pursuant to an order under which such liability has arisen and been established.

We will not be responsible for any business loss including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure or any other indirect or consequential loss that is not reasonably foreseeable.

9. Force Majeure

We will not be held responsible for any delay or failure to comply with our obligations under these Terms of Sale if the delay or failure arises from Force Majeure Events beyond our reasonable control.

Acceptance of Terms

By accessing, browsing, using the Platform, purchasing Products or availing Services, you acknowledge that you have read, understood and agreed to these Terms & Conditions.

For any questions or concerns regarding these Terms, please contact Bengaluru Brandscape at hello@bengalurubrandscape.com .