TERMS OF USE

These Terms of Use (hereinafter referred to as the “Terms of Use”) sets forth the terms that apply to the access and use of the website www.Brandbanao.in  and Android and iOS mobile application BrandBanao (hereinafter collectively referred to as the “Platform”) and the Services rendered thereof. The Platform is owned and operated by Jekmi Business Pvt.Ltd. (hereinafter referred to as the “Company”), a company incorporated under the Companies Act, 2013. The Company runs the Platform which is an e-commerce platform for Users, who have been granted access to this Platform to create, edit, design, and download the templates listed on the Platform as per User’s requirement (“Digital Product”).

Users are requested to carefully read these terms of use prior to accessing, browsing, or using the Platform. Accessing, browsing, or using the Platform by the Users, shall be deemed to constitute their acceptance of this terms of use and an undertaking to be bound by its provisions.

This document is an “Electronic Record” in accordance with the provisions of the Information Technology Act, 2000 and the rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information and Technology Act, 2000. This electronic record is generated by the computer system and does not require any physical or electronic signature. This document constitutes a legally binding agreement between the User and the Company establishing the rights and obligations pertaining to the use of the Platform and availing the various services, features, content, and offerings available on it.

The Company reserves the right, at its sole discretion, to amend, modify, add, or delete portions of the Terms, at any time. It is your responsibility to check the Terms periodically for changes. Your continued use of the Platform following the amended Terms shall mean that you accept and agree to the edits.

Kindly note, for the purpose of these Terms of Use (the “Terms” and “Terms of Use”), the use of “we”, “us”, and “ours” refers to the Company. Whenever the context so requires, “you”, “your” or “user” shall mean any natural or legal person who browses through the Platform to gain information about the Company and Digital Product offered by it.

  1. DEFINITIONS AND INTERPRETATION
    1. Definitions
  1. “Account” shall mean the user account created by the Users on the Platform to avail the Company’s services and to download the digital product.
  2. “Agreement” is a reference to these terms of Use, the privacy policy, any order form, and payment instructions provided by you.
  3. “Applicable Laws” shall mean any statute, law, rules regulation, ordinance, notification, order, decree, judgment, rule of common law, government approvals, bye-laws or other governmental restrictions or any administrative order or notice in effect as of the date of this Agreement or anytime thereafter.
  4. “Digital Product” shall mean the templates available on the Platform, which the Users can create, edit, design, and download the templates as per their requirements.
  5. “Platform” are the references to our website www.Brandbanao.in  or our mobile application BrandBanao through which we offer our Services.
  6. “Services” shall mean an e-commerce portal where Users can create, edit, design, and download the templates i.e., digital product listed on the Platform as per their requirements from time to time as stipulated herein.
  7. “User” shall include any person accessing this Platform of the Company. The people who place an order for purchasing products through this Platform.
  1. Interpretation

 Unless otherwise, the context requires in this Agreement:

  1. The terms “you” and “user” shall mean any natural or legal person who browses through the Platform or avail the digital products through the Platform.
  2. The terms “we”, “us” and “our” shall mean the Company.
  3. The “User” and the “Company” shall individually be referred to as the “Party” and collectively as the “Parties”.
  4. Words denoting any gender shall be deemed to include those of the other gender.
  5. Words using the singular or plural number also include the plural and singular, respectively.
  6. The terms hereof, hereby, hereto, and derivative or similar words refer to these entire terms of use or specified clauses of the terms of use as the case may be.
  7. The term clause or Schedule refers to the specified clause or Schedule of this terms of use.
  8. Heading or bold typeface is used only for the purpose of convenience and shall be ignored for the purpose of interpretation.
  9. Reference to the word include shall be construed as without limitation.
  10. Reference to any legislation or applicable law or any provision thereof shall refer to any such applicable law as amended, suspended, or re-enacted from time to time.
  11. The headings provided herein are for convenience purposes only and shall not deem to affect or limit any of the provisions hereof.
  1. REGISTRATION AND ACCOUNT FOR USE OF THE PLATFORM
    1. To avail any services on the Platform and to download any digital product thereof, the Users shall register and create an account with the Platform that would require the Personal Information of the Users.
    2. The Company, in order to verify your identity and avoid cases of fraud, theft identity, etc., may verify your personal data by communicating with you and requiring you to provide a one-time password (OTP).
    3. In consideration of the use of the Platform by registering with us, you hereby represent that you are of legal age to form a binding contract and are not prohibited from receiving the digital product under the laws of India.
    4. The responsibility for all the activities in relation to a User account including maintaining the confidentiality of their username the password shall be solely borne by the concerned User and the Company shall not bear any liability or responsibility for any breach in relation to the same. If the User suspects any unauthorized breach or activity on his/her account, the User shall promptly notify the Company.
    5. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
    6. When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide shall be true, accurate, current, and complete information while registering on the Platform and you shall undertake to update/inform the Company of any change in the information from time to time as it has a direct bearing on the provision of any digital product provided by or through the Company. You hereby undertake that by registering on the Platform, you are not misrepresenting any information, or your identity and you shall not make any attempt to make any unlawful access to the Platform in order to avail the digital product thereof.
  2. ELIGIBILITY
  1. The usage of our Platform is fit for individuals from all age groups. However, for downloading the digital product, you should be at least 18 (eighteen) years of age.
  2. The User shall be legally competent to enter into a contract in accordance with the applicable laws, and shall possess the absolute authority and competence to subscribe to and be bound by the terms, conditions, and obligations laid down in this Terms.
  3. In the event, the User is an eligible minor, i.e., below the age of 18 (eighteen) years, the purchase of the Digital Product shall be authorized by the natural/ legal guardian of the User.

 

  1. ORDER PLACING
    1. To avail the digital products from this platform and to place an order for downloading the template, the User would require to select and add the template to the cart through this Platform only.
    2. When ordering from this Platform you may be required to provide an e-mail address, contact no., and password. You must ensure that you keep the combination of these details secure and do not provide this information to a third party.
    3. Any contract for downloading the digital product from this Platform is between you and the Company. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of placing the order. You also warrant that the credit or debit card details that you provide are of your own credit or debit card and that you have sufficient funds to make the payment.
    4. Any digital product purchased from this Platform are intended for your use only and not for resale.
    5. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure. The Company shall not be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Platform.
    6. Any order that you place with us is subject to its availability, and acceptance by us. When you place your order online, we will send you an auto-generated confirmation mail about the same. You must inform us immediately if any details are incorrect.
  2. PRICE AND PAYMENT
    1. Any order for downloading the digital products from this Platform is between you and the Company. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
    2. All prices listed on the Platform are correct at the time of publication. We also reserve the right to alter the price of the digital product on the Platform.

 

    1. The total price for the digital product ordered including taxes will be displayed at the time of checking out your order. Full payment must be made for all items dispatched ordered either through cash on delivery or via online payment, e.g., Google Pay, PhonePay, PayTM, Amazon Pay, Mobikwik, Freecharge, Airtel Money, JioMoney, PayZapp, or SBI Buddy.

 

 

 

 

  1. USER INFORMATION
    1. You agree to provide us with accurate and complete information wherever and whenever we have requested information to provide you the digital products.
    2. You authorize us to use, store or otherwise process your personal information for marketing and credit control purposes. These purposes may include the disclosure of your personal information to selected third parties from time to time where we believe that the digital product offered by such third parties may be of interest to you or where this is required by law.
    3. You are entitled to request a copy of the personal information we hold on you. Please contact us at Care@brandbanao.in  if you wish to request this information.
  2. COMPLAINTS & GRIVIENCES

We take complaints very seriously and aim to address your concerns within 30 business days. All complaints should be sent to Help@Brandbanao.in . The Customer Support Team can also be reached on care@brandbanao.in  .

  1. CONTENT, INTELLECTUAL PROPERTY, AND PROPRIETARY RIGHTS
    1. Apart from any content or information provided by a User or any third-party, the ownership and any and all rights, titles, interests in the intellectual property and proprietary information and content on the Platform (Trademarks, Copyrights, Patents, Designs) including without limitation any logos, graphics, slogans, text, content, software, code, illustrations, images, icons, programs, technology, the look and feel of the Platform and the compilation and arrangement of the content and materials on it exclusively belong to the Company, its suppliers and licensors. User’s access or usage of the Platform does not confer upon them any right or license in the intellectual property or proprietary information of the Company as stipulated herein.
    2. Users shall not inter alia copy, reproduce, duplicate, republish, transmit, download, post, distribute, modify the aforementioned intellectual property and proprietary information of the Company for any commercial purposes.
    3. The User shall not use, post, modify, distribute or reproduce any content or material wherein the intellectual property and proprietary rights of such content and material belong to the Company, any third-party or any other person or entity without obtaining the prior written consent of the owner of such rights as aforesaid, failing which the Company shall be entitled to take appropriate action including terminating the usage and registration of such User without any refund or other liability. In the event the intellectual or proprietary rights of a User have been violated or infringed as aforesaid the aggrieved User shall forthwith notify the Company of the same along with adequate proof and the Company shall, in its discretion take necessary and appropriate action thereafter.

 

  1. PRIVACY POLICY
    1. The usage of the Platform and availing the various digital products, and features on offer shall require Users to submit and provide us with their information which the Company shall collect, store, and process for the purpose of providing such digital product and features to the Users. The Company respects the privacy and confidentiality of the information of its Users; thereby the collection, storage, and processing of their information are governed by the Privacy Policy (Link to the privacy policy to be inserted) instituted by the Company. Users are requested to carefully read the Privacy Policy of the Company and the access and usage of the Platform by the Users implies that they have read and understood the Privacy Policy and agreed to be bound by its provisions.
    2. Maintaining the confidentiality of their username the password shall be solely borne by the concerned User and the Company shall not bear any liability or responsibility for any breach in relation to the same. If the User suspects any unauthorized breach or activity on his/her account, the User shall promptly notify the Company. The Company shall not be responsible for any disclosure of such information by you to a third party.
  2. THIRD-PARTY LINKS AND SERVICES
    1. The Platform may contain links to third-party apps or websites and the same shall not constitute, in any manner whatsoever the Company’s endorsement, sponsorship, or recommendation of such third-party APPs/websites or their services, content, and offerings. The Company is not responsible for examining or evaluating any third-party apps/websites and does not make any representation or warranty for their services, content, and offerings or their terms of Use and privacy practices. In the event, a User accesses such apps/websites he/she shall do so at his/her own risk and expense and apprise himself/herself of their terms of Use and privacy practices.
    2. We use a third-party service provider to facilitate payment and withdrawal procedures on the Platform including user verification. By using our Platform, you agree to use such third-party services by us.
  3. DISCLAIMER
    1. The Platform and the digital product, features, offerings, information, content available on it is available on an ‘as is’ and ‘as available’ basis. The Company disclaims any and all warranties, whether express or implied, including without limitation warranties of merchantability, non-infringement, or fitness for a particular purpose except for those warranties that cannot be excluded under applicable laws. The Company does not guarantee any specific results from the usage of the Platform.
    2. The Company provides no warranty that:
  1. The digital product will be uninterrupted and free from any bugs or errors;
  2. The digital product will meet your requirement;
  3. Accuracy or reliability of the results that may be obtained from the use of digital product;
  4. The quality of digital product, information, or other material obtained by you from or through the Platform will meet your expectation;
  5. The Platform will be compatible with your device;
  6. The accuracy of data provided on the platform
    1. In no event the Company be liable for any consequential, special, incidental, indirect, or punitive damages; for loss of profits, business, goodwill, anticipated savings, or use; loss or corruption of data, confidential information, or other information; business interruption; personal injury; property damage; loss of privacy; failure to meet any duty of good faith or reasonable care; negligence; and any other pecuniary or other loss whatsoever, arising out of, based on, resulting from or in any way related to these terms of use, the Platform, or Content, even if the Company have been advised of the possibility of such damages.

 

    1. In order to render services, the Company may be required to enter into arrangements or agreements with third-party payment gateways, facilitators, or processors for collection, refund, remittance, or payment made by you on the Platform. The Company hereby disclaims all warranty in respect of any of the services brought to you by the third-party service providers.
    2. The Company shall assume no liability whatsoever in respect of any loss or damage arising directly or indirectly to you or any third-party due to:
  2. Lack of authorization for any transaction.
  3. Illegitimacy of the payment method (including debit/credit card fraud) being used by you.
  4. Lack of authorization for any transaction made using the Platform.
  5. The decline of transactions by Issuing Bank for any other reason whatsoever.
    1. The use of the Platform and any resultant connection, exchange, communications, or transaction does not constitute an offer, advice, counseling, recommendation on part of the Company and any loss, liability, expenses, damages, judgments incurred by any User as a result of entering into a transaction by using the Platform shall solely and exclusively be the responsibility of and borne by such User and the Company shall not bear any liability or responsibility for the same.
  1. LIMITATION OF LIABILITY
    1. Great care has been taken to ensure that the information available on this Platform is correct and accurate. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of this Platform will be error-free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Platform and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
    2. By accepting these Terms of Use, you agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your use of any third-party website, or your use of any product ordered from us.
    3. We disclaim any and all liability to you for the order placed to the fullest extent permissible under applicable law. This does not affect your statutory rights as a buyer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant product. We cannot accept any liability for any loss, damage, or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
    4. We do not accept any liability for any delays, failures, errors or omissions, or loss of transmitted information, viruses, or other contamination transmitted to you or your computer system via our Platform.
    5.  We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination transmitted to you or your computer system via our Platform.
    6. We have taken all reasonable steps to prevent Internet fraud and ensure that any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
  2. FORCE MAJEURE

We shall not be under any liability for failure to perform any of our rights and obligations under this Terms of Use, if such acts of failure are due to any act of God, fire, earthquake, floods, or any natural calamities or transportation embargoes, civil commotion, riots, violence, acts of terrorists, lockdowns, state enemies, or any other reasons or circumstances beyond our control.

  1. INDEMNITY
    1. Users shall indemnify and hold harmless the Company and its representatives, affiliates, partners, contractors, officers, directors, employees, and assigns against any and all losses, liabilities, damages, costs, claims, damages including legal expenses that may be incurred by the Company as a result of or arising out of a User’s.
  1. breach or violation of the provisions stipulated in these Terms of Use.
  2. breach of any representation or warranty
  3. use of the Platform and its content
  4. availing the digital product, features, and offerings available on the Platform
  5. violation of the intellectual property or proprietary right of the Company or any third-party
  6. violation of the privacy, confidentiality, information, or any other right of the Company or any third-party.
  7. violation of any Applicable Laws.
  8. any act, omission, fraud, misrepresentation on part of the User.
    1. The foregoing right to indemnity shall be in addition to any other right that may be available to the Company in equity or under Applicable Laws and the indemnity rights shall survive the termination of this Agreement and User's usage of the Platform.
  1. TERM, TERMINATION, AND VIOLATION
    1. These Terms of Use shall be valid and continue to be operative as long as the Users continue to use the Platform.
    2. The Users are entitled to terminate these Terms of Use anytime by discontinuing their usage of the Platform and communicate the same in writing to us.
    3. We shall be entitled to terminate the usage, access, account, or membership of a User at any time with immediate effect and with or without cause wherein the term cause shall mean the breach of any of these Terms of Use or violation of Applicable Laws of a User.
    4. The rights, liabilities, or obligations under this Terms of Use that may have accrued to us prior to the termination or expiration of this Terms of Use shall not be affected by such termination or expiration and we shall be entitled to enforce such rights, liabilities, or obligations against the Users regardless of the same.
  2. RESTRICTION ON USE

Without limiting the generality of these Terms of Use, in using the Platform for availing the digital product, you specifically agree not to post or transmit any content (including review) or engage in any activity that in our sole discretion:

  1. Guidelines and policies;
  2. Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, obscene, libelous, hateful or otherwise objectionable, invasive of another’s privacy, relating or encouraging money laundering and gambling;
  3. Constitutes an inauthentic or knowingly erroneous review, or does not address the goods and services, atmosphere, or other attributes of the business you are reviewing.
  4. Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
  5. Attempts to impersonate another person or entity;
  6. Falsely states, misrepresents, or conceals your affiliation with another person or entity;
  7. Interferes with, disrupts, or destroys the functionality or use of any features of the Platform or the servers or networks connected to the Platform;
  8. Hacks or accesses without permission our proprietary or confidential records, records of another user;
  9. Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement)
  10. Threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
  11. Attempts to do any of the foregoing.
  1. AMENDMENT AND WAVIER
    1. We reserve the right to make such changes, amendments, modifications, to this Terms of Use as it may deem necessary to our discretion from time to time and our decision shall be final and binding regarding the same. The amended Terms of Use shall be effective and legally binding from the date it is posted and uploaded on the Platform and the same shall constitute sufficient notice to Users of the same. Users are advised to periodically review this Terms of Use from time to time so as to keep themselves apprised of all such changes and modifications.
    2. No failure to exercise and no delay in exercising any right or remedy under this Terms of Use shall operate as a waiver thereof. No waiver or consent hereunder shall be applicable to any events, acts, circumstances except those specifically covered thereby.
  2. SEVERABILITY

In the event that any provision in this Terms of Use is found to be invalid or unenforceable, the offending provision shall be severed from the Terms of Use, and the remaining provisions shall continue to be enforceable and operate as originally written.

  1. NON-ASSIGNMENT

You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

  1. SURVIVAL

The provisions which, by its nature or express terms should survive, will survive such termination or expiration of this Terms of Use.

  1. USER DISPUTES, GRIEVANCES, AND REDRESSAL

If you have any disputes or grievances in respect of Services availed through the Platform, please write to us at Help@Brandbanao.in . We shall endeavour to resolve your disputes or grievances within 30 days of receiving the email.

  1. GOVERNING LAW AND JURISDICTION

This Terms of Use and its provisions shall be construed in accordance with and governed by the laws of India and subject to the exclusive jurisdiction of the courts situated in  Ahmedabad.

  1. ENTIRE TERMS

Except where otherwise expressly provided, this Terms of Use constitutes the entire understanding between the Users and the Company with respect to the subject matter contained herein and shall supersede all prior or contemporaneous oral or written terms or communications pertaining to the same. In case of any inconsistency between the provisions of these Terms and any other similar documents or understanding the provisions of this Terms of Use shall prevail.

 

CONTACT US:

If you have any queries or concerns regarding our Terms of Use, Privacy Policy, or any other policies, you can reach out to us on our contact information given on our Contact Us page or you can write to us on Care@brandbanao.in .