4. USE OF THE PLATFORM

 

4.1 Can User access and use the Platform at any time or could there be any limitations?

1.      Company endeavours to make the Application available 24X7. However, the Company does not represent that access to the Application will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.

2.      Users understand and acknowledge that the use of Application requires internet connectivity and telecommunication links. Users shall bear the costs incurred to access and use the Application and avail Services, and Company shall not, under any circumstances whatsoever, be responsible or liable for such costs.

3.      Company does not warrant that Application will be compatible with all hardware and software which is used by Users.

4.      Application may be under constant upgrades, and some functions and features may not be fully operational. Application is provided on an 'as is' and 'as available' basis. Company expressly disclaims all warranties of any kind, whether express or implied with respect to the records and other data that is made available by it to Users.

5.      Users shall be solely responsible for damages to their data system or for loss of data arising from download of content from Application. No guidance or information, written or oral, obtained from Company or via Platform, shall constitute any warranty, unless stated otherwise.

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4.2 Whether the use of Platform (a) is restricted in any manner; and (b) requires any generic compliances from User?

1.      User should not use the Platform to host, display, upload, download, modify, publish, transmit, update, or share any information which:

1.      belongs to another person and to which the User does not have a right whatsoever;

2.      is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

3.      is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

4.      is harmful to a child or a minor;

5.      harasses or advocates harassment of another person;

6.      infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, image, email address, physical address or phone number) or rights of publicity including any unauthorised use or posting any third party's social media image without such owner's consent;

7.      promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices;

8.      tries to gain unauthorized access or exceeds the scope of authorized access to the Application or to the profiles, blogs, communities, account information, or other areas of the Application or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

9.      interferes with another User’s use and enjoyment of the Platform or any third party users enjoyment of similar services;

10.  refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the spirit of these Terms;

11.  violates any law for the time being in force;

          XII. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact, including creation of a false identity for the purpose of misleading others;

1.      impersonates another person;

2.      threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, threatens public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or insulting other nations.

3.      Contains software viruses or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data, or personal information; and

4.      directly or indirectly, offers, attempts to offer, trades, or attempts to trade in any item, dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

                     XVII.            is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person.

 

1.      When accessing or using the Platform or availing the Services, the User has to comply with and ensure the following:

1.      All registration information submitted by User is truthful, lawful and accurate;

2.      User's use of the Application/Platform shall be solely for their use and they shall not authorize others to use their account;

3.      User does not submit, post, upload, distribute, or otherwise make available or transmit any information that: (i) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (ii) is bigoted, hateful, or racially or otherwise offensive; (iii) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (iv) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;

4.      All necessary licenses, consents, permissions and rights are owned by Users and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by the Agreement, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and/or other proprietary rights contained in any content that Users submit, post, upload, distribute or otherwise transmit or make available;

5.      User will not use Platform in any way that is unlawful, or harms the Company or any other person or entity;

6.      User will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of Application;

7.      User will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;

8.      User will not or attempt to delete or modify any content of Platform, including but not limited to, disclaimers or proprietary notices such as copyright or trademark symbols, logos;

9.      User will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest;

10.  User shall not access Platform without authority or use Platform in a manner that damages, interferes or disrupts, any part of Platform or any equipment or any network on which Platform is stored or any equipment of any third party;

11.  User shall not attempt to gain unauthorized access to any portion or feature of the Application, or any other systems or networks connected to the Platform by any means. User shall not probe, scan, or test the vulnerability of Platform nor breach the security or authentication measures on Platform or any network connected to Platform.

12.  User agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of Platform or any transaction being conducted on Platform, or with any other person’s use of Platform. User may not use Platform or any of its content for any purpose that is unlawful or prohibited by this Agreement.

13.  User shall at all times ensure full compliance with the applicable law, as amended from time to time, including that of (i) the Information Technology Act, 2000 and the rules thereunder; (ii) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (iii) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to Direct and Indirect Taxes applicable as per current statue in the country) regarding the use of the Application and listing, purchase, solicitation of offers to purchase, and sale of products or Services. User shall not engage in any transaction which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

14.  In order to allow Company to use the information supplied by the Users, without violating any rights or any laws, Users agree to grant Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights. Company will only use the information in accordance with this Agreement, applicable to use of Platform and for provision of Services.

2.      Company shall at times and at their sole discretion reserve the right to disable any user identification code or password if any User has failed to comply with any of the provisions of this Agreement. Company shall have all the rights to take necessary action and claim damages that may occur due to User's involvement/participation in any way either on their own or through group/s of people, intentionally or unintentionally in hacking.

 

5. FAIR USAGE POLCY

We always strive hard to provide the best experience to our customers on the platform. To ensure that all customers use our platform in good faith, we keep track of customer behaviour which includes maintaining order history and other details relating to the manner of use of our platform. In the event of any abuse of our platform or the policies, which include excessive returns or refusal to accept shipments, indication of any fraudulent  or suspicious activity or behaviour on our Platform or association with any such activity or behaviour, including where your user metrics such as your claim rate, return rate etc., are higher than the average rate of the others users on our platform. In all such cases, certain benefits available to our other users may not be available to you and we reserve the right to take other actions, including but not limited to, blocking any user from transacting on the Platform, levying a service fee, discontinuing COD options, blocking COD payment, blocking refund claims, restraining or refusing the option to return the product etc. against you to address such issues. Customers whose profiles indicate high volumes of valid transactions on the platform may be offered benefits by suppliers, from time to time, based on their discretion and policies.

 

6. ACCURACY AND COMPLETENESS OF INFORMATION ON PLATFORM

 

6.1 What is the accuracy and completeness of all information displayed on the Platform?

1.      Company takes all endeavours to the best of its efforts to keep information on the Platform accurate. However, the material and content on the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timely sources of information. Reference to paragraph 6.2 below, User will agree that a majority of content including products displayed on Platform are provided by the respective Suppliers, who shall at all times be responsible for provision of information related to such products listed by them. Apart from reasonable checks to ensure general hygiene of Platform, Company does not exercise any control over such content or information.

2.      Company undertakes no obligation to update, amend or clarify information in the Platform, including without limitation, pricing information, except as required by law. Company does not own any responsibility or obligation whatsoever towards ensuring the accuracy of the information provided by the Users. Any reliance on the material on Platform is at the Users’ own risk.

3.      Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. The Company reserves the right to modify the contents of Platform at any time but has no obligation to update any information on Platform. User is solely responsible to monitor changes to the information on Platform. No specified update or refresh date applied to Platform should be taken to indicate that all information on Platform or pertaining to the Services have been modified or updated.

4.      Occasionally there may be information on Platform that contains typographical errors, inaccuracies or omissions that may relate to information pertaining to the products, pricing, promotions, offers, shipping charges, transit times and availability. Company reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information if any information on Platform is inaccurate at any time without prior notice.

5.      The Information is provided ‘as is’ with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the Information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability, and fitness for a particular purpose. Nothing contained in this Agreement shall to any extent substitute for the independent investigations and the sound technical and business judgment of User.

 

6.2 Is information related to products on Platform provided by the Company?

1.      Not all information on the Platform is provided by Company. From time to time, Users who are Suppliers provide information relating to the products proposed to be sold by them and are hence responsible for the same. In this connection, Suppliers undertake that all such information shall be accurate in all respects. Suppliers are discouraged from and should not exaggerate or overemphasise the attributes of such products so as to mislead Users in any manner.

2.      Company reserves the right, but has no obligation, to monitor the materials posted on Platform. Company, however, has the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or the spirit of these Terms. In no event shall Company assume 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 Platform.

3.      Suppliers take sole responsibility for the correctness of the details pertaining to specifics (such as quality, value, saleability, etc.) of the products proposed to be sold or offered to be sold or purchased on Platform. Company does not implicitly or explicitly support or endorse the sale or purchase of any products nor provide any warrantee/guarantee of the products sold to Users, and in no event shall such products be the responsibility of Company. Company does not represent or warrant that the information available on Platform will be correct, accurate or otherwise reliable.

4.      Company is not responsible for any inaccuracy, incompleteness or outdated information made available on the Application, either provided by any User including Suppliers.

 

7. PRIVACY POLICY

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7.1 Please refer to our privacy policy at www.bodyconcept.in/privacy-policy to view our privacy policy.

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8. USER INFORMATION AND THIRD-PARTY TOOLS/LINKS

 

8.1 What information is collected from the User? How does Company deal with the information provided to it by a User while using Platform?

1.      Company collects various types of information, some information is non-personal information and some is personal information.

2.      All information about Users that are collected, stored, or transmitted in any way on Platform is processed for facilitating various operations on Platform, including registration, order placement, listing, or payments.

3.      For a more comprehensive understanding, Users are encouraged to view the Platform’s Privacy Policy available on the Platform.

 

8.2 Does the Company use Third Party tools on Platform?

1.      The Company may provide User with access to third-party tools over the Platform which Company neither monitors nor has any control over. User acknowledges and agrees that access to such tools is on an 'as is' and 'as available' basis, without any warranties, representations or conditions of any kind and without any endorsement by Company. Company shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

2.      Any use by the User of the optional tools offered through the Application/Platform is entirely at its own risk and discretion and it is the responsibility of User that it ensures that it is familiar with and approves the terms on which such tools are provided by the relevant third-party provider(s).

3.      The Company may from time to time, offer new features through Platform which may include the use new third-party tools and resources. Such new features shall also be subject to this Agreement. Complaints, claims, concerns, or questions regarding third-party tools or third-party websites should be directed to the third-party.

 

8.3 Does Company use third-party links or third-party tools on Platform? Are these links and tools accurate and secure?

1.      Certain content or products available via the Platform may include materials from third parties. Third-party links on the Application/Platform may direct User to third-party websites that are not affiliated with the Company. The Company is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

2.      Company is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites regardless of the existence of any third-party link on Platform. Please review carefully such third-party’s policies and practices and make sure to understand them before engaging in any transactions.

 

9. INTELLECTUAL PROPERTY (IP) AND IP INFRINGEMENT

 

9.1 Can User use the content published on Platform such as "Body Concept" mark when doing business with other parties?

1.      Users may not use any trademark, service mark or logo of any independent third parties without prior written approval from such parties.

2.      "Body Concept" and related icons and logos whether registered or unregistered are the trademarks of the Company and are protected under applicable copyright, trademark and other proprietary and intellectual property laws. Users’ unauthorized adoption, copying, modification, use or publication of these marks is strictly prohibited.

3.      Users must not modify the paper or digital copies of any materials printed or downloaded in any way, and they must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

4.      Users must not use any part of the materials on Platform for commercial purposes without obtaining a licence to do so from Company. All rights, not otherwise claimed under this Agreement by Company are hereby reserved.

5.      User understands that Platform and software embodied within Platform may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Company or other parties that facilitate the same. User agrees that it will not attempt to override, disable, circumvent, or otherwise interfere with any such security components and usage rules embedded in the Platform.

 

9.2 How does the Company deal with IP infringement?

1.      Any trademark, word mark or intellectual property of any User(s) or Supplier(s) belongs to such User(s)/Supplier(s) alone, and Company has no right or claim over the same.

2.      Company reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the Platform which in Company’s reasonable belief is unlawful or could subject Company to liability or is in violation of this Agreement or is otherwise found inappropriate in the Company’s opinion. Company reserves the right to cooperate with any investigation in this regard.

3.      Company reserves the right to suspend or terminate the account of a User as deemed appropriate by it. Users agree that the Company shall have no liability to any Users, including liability in respect of consequential or any other damages, in the event Company takes any of the actions pursuant to allegations of IP infringement.

4.      Users acknowledge and agree that Company is not an arbitrator or judge of disputes concerning intellectual property and it cannot, by any means, verify that any Supplier selling or supplying merchandise on the Platform has the right to sell the products. Company encourages Users to assist it in identifying listings on the Platform, which, according to Users’ knowledge or belief infringe their rights or third-party rights.

5.      The delisting of product from Platform is to safeguard Company’s interest, by taking down a listing, Company does not and cannot be deemed to be endorsing a claim of infringement and further in those instances in which Company declines to take down a listing, Company does not and cannot be deemed to be endorsing that the listing is not infringing of third party rights or endorsing any sale or supply of merchandise or services pursuant to or on account of such listing.

6.      We request you to review the Intellectual Property Policy available on the Application for more information.

 

10. DISCLAIMER AND LIABILITIES

 

10.1 What are the standard disclaimers in relation to the Platform and the Services?

 

1.      Company, in no event, is or will be liable to User including the Reseller or anyone claiming through a User in respect of product or other User Transaction under contract, negligence, strict liability or other legal or equitable theory for any special, incidental, indirect, consequential, exemplary or punitive damages, loss of goodwill, loss of revenue, loss of opportunity, loss of anticipated profits, whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty or negligence or any other claim arising out of or in connection with the use of or access of Platform.

2.      Company shall not be liable for: any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation any financial losses, loss of data, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from the use of Platform, or for any other claim related in any way to the use of the Application, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Application/Platform or any content posted, transmitted, or otherwise made available via the Application/Platform, even if advised of their possibility.

3.      Users shall be solely responsible for damages, if any, to their data system or for loss of data arising from download of content from Platform. No guidance or information, written or oral, obtained from Company or via the Platform, shall constitute any warranty, unless stated otherwise.

4.      Users shall solely be responsible for using the products in a safe and legal manner. The Company shall not assume any loss, claims, damages, or injury, that may arise from the violent or illegal use, or misuse of the product sold by the Suppliers over Platform.

 

10.2 What are the disclaimers regarding advertisements (including any information or offer thereunder) contained on, distributed through, or linked, downloaded, or accessed from Platform (“Advertisements”)?

 

a.   Advertisements in Platform are intended, solely to provide general information for the personal use of the User(s). The Company does not represent, warrant, or endorse in any manner the accuracy or reliability of the Advertisements. The Company accepts no responsibility or liability in relation to the Advertisements including without limitation on account of your use or reliance placed by you on such Subject Information.

 

b. The Advertisements on the Platform are advertised/displayed at the behest of the advertisers. The Company does not by itself create such content and neither does it exercise any control over the content that is displayed by the advertisers. The advertisers are third parties over which Body Concept does not have any direct or indirect control. The Company does not make any representation, warranty, recommendation, guarantee in respect of the content of the Advertisements as well as its subject matter and the products/services being advertised (including without limitation with respect to suitability, merchantability, reliability, availability or quality of the product/service) nor does the Company implicitly or explicitly support or endorse the sale or purchase of any products/services which are subject matter of the advertisements or are referred therein. The Company accepts no liability for any error, inaccuracy or omission of third parties and advertisers in this regard.

 

c. The correspondence or business dealings of Users with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such advertiser. The Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.

 

d. In the event, a link is displayed on the Advertisement and if you select to click on a link which leaves Platform, you will be redirected to a third-party website that is not owned, operated, or controlled by the Company or its affiliates. The link is provided solely for the convenience of the User and may assist the User in locating other useful information on the internet. The third-party website is governed exclusively by its respective policies over which we have no control. You bear the sole risk in proceeding to access the contents, products/services of the third-party website and links provided therein. 

 

e.      The User shall not hold the Company responsible and the Company disclaims any liabilities, losses, damages, expenses, claims or injury arising out of or in connection with: (i) the advertisements displayed on Platform; (ii) contents of the Advertisement; (iii) representations and statements made by the advertiser; (iv) subject matter of the Advertisements and the products/services referred thereunder (including without limitation on account of suitability, merchantability, reliability, availability or quality of the product/service); and/or (v) Advertisement being misleading and/or not in compliance with applicable laws.

 

10.3 What are the disclaimers regarding advertisements (including any information or offer thereunder) of products listed on the Platform and shown on other media and forums (including print media, digital platforms etc.,) (“Other  Advertisements”)?

 

1.      The images of the products shown in Other Advertisements are for illustrative purposes and creative representation only and  may vary from the actual products.

2.      Unless otherwise mentioned, all the product related deals/discounts mentioned in Other Advertisements are offered by the participating sellers/brands to the total exclusion of the Company.

 

1.      All Other Advertisements with details of starting prices for a product category are for reference only and the actual price of the product may vary.

 

1.      The scenes, characters, references in brand films and videos are purely fictional and only for representational purposes.

 

1.      The offers, discounts and other promotional offers displayed in Other Advertisements may vary for the customers based on factors relating to the customer such as usage of the platform, volume of transactions, time spent on the platform, city, place of residence, time, etc.

 

1.      Body Concept and/or the Suppliers reserves the right to amend or discontinue any of the offers/deals/discounts at their sole discretion and without any prior intimation to any User.

 

1.       Body Concept accepts no responsibility or liability for any inaccuracies in the data displayed in the Other advertisements. In respect to any data displayed in relation to the products sold on Body Concept, please note that this number may not be the most recent number and may be aggregated over a period of time.

 

10.4 What happens to User order in case of a lockdown or other force majeure event?

1.      Company shall not be liable for any damages whatsoever arising out of force majeure or other similar circumstances, directly or indirectly affecting Company and/or the Platform. Examples of force majeure events include without limitation real or potential labour disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, epidemic or pandemic, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network.

2.      Force majeure or other events beyond the Company’s control, hindrance, delay or complication in the maintenance of the Platform entitles the Company to suspend or limit the Platform until further notice.

 

10.5 Under what circumstances may User be liable for any damages to Company?

1.      User shall indemnify, defend, and hold harmless Company and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs, and expenses (including legal and statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Company that arise out of, result from, or in connection with:

1.      User’s breach of this Agreement;

2.      any claims made by any third party due to, or arising out of, or in connection with User’s use of Platform including by end users/consumers of Reseller(s);

3.      the User’s violation of any rights of any third party, including intellectual property rights; and/or

4.      the User’s violation of any applicable laws.

 

11. COMMUNICATION

 

11.1 How to contact Company in case of any queries regarding this Agreement or grievances relating to Platform?

     All queries, concerns or questions about the Agreement should be sent to Company at wysiwygclothingcompany@gmail.com. Prasanna Manna is the designated Grievance Officer in respect of this Agreement. Any complaints or concerns with regard to the Platform or any breach of this Agreement can be directed to the designated Grievance Officer in writing at the following address: 28 Sadananda Road, Kalighat, Kolkata- 700026

11.2     Consumer Protection Compliance

 

In accordance with the Consumer Protection (E-Commerce) Rules, 2020, please find the required details:

 

Legal name of the e-commerce entity: WYSIWYG Clothing Company Private Limited

Brand name: Body Concept (Owned & operated by WYSIWYG Clothing Company Pvt. Ltd.)

Address: Holding No. 6, N S Road, Harinavi, Kolkata- 700146

GSTIN: 19AABCW0070E1ZM

Website: https://www.bodyconcept.in/

Email Address: bodyconceptindia@gmail.com

Nodal Officer: Prasanna Manna

 

11.3 How will the Company contact User?

1.      All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by User(s) on the Platform, or by posting such notice or demand on an area of the Platform that is publicly accessible.

2.      Notice to a User(s) shall be deemed to be received by such User(s) when sent at the address, email or other communication details provided by such User at the time of registration, whether in physical or electronic form or immediately upon publishing of such notice on an area of the Platform that is publicly accessible.

 

11.4 In case of a call from a person asking for access to User account registered with Company, what should User do?

Company urges the Users to beware of fake offers and fraudulent callers/messengers who may impersonate themselves as representatives of the Company. The Company’s authorised representatives will never contact the Users to demand money for prizes or ask for password/PIN/CVV. In the event you are asked for confidential details by anyone posing as the Company’s representatives, please ask them to communicate with you through email and only respond to emails from bodyconceot.in domain. Please see our Anti Phishing communication available on the Platform.

 

11.5 Can User disclose its communication through calls with the Company to third parties?

     All calls to the Company are completely confidential. However, the Users’ calls may be recorded to ensure quality of service. Further, for training purpose and to ensure excellent customer service, calls from the Company may be monitored and recorded.

 

12. MISCELLANEOUS PROVISIONS APPLICABLE TO AGREEMENT

 

12.1 This Agreement is governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Agreement or the Platform shall be subject to the jurisdiction of the courts at Bangalore, India.

 

12.2  Company shall have the right to assign its obligations and duties in this Agreement to any person or entity.

 

12.3   The failure of Company to exercise or enforce any right or provision of this Agreement   shall not constitute a waiver of such right or provision.

 

12.4   Platform is controlled and operated from India and Company makes no representation that the content, information or materials made available herein are appropriate or will be available for use in other locations. Access and use of this Platform from outside India is entirely at User's sole risk and User agrees and undertakes to be responsible for compliance with all applicable local laws and agrees to release, discharge and absolve Company from any liability or loss in this respect.

 

12.5 Company reserves the right to introduce and initiate new features, functionalities and components to Platform and/or change, alter, modify, suspend, discontinue or remove the existing ones without any prior notice to you. Further, Company is entitled to discontinue (either permanently or temporarily) one or more of the Services provided or terminate the Platform or charge for Service which were early free of cost, without any prior notice to User.