THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
The domain name booznow.com (hereinafter referred to as the “Website”) is owned by Shikher Auto Private Limited, a company incorporated under the Companies Act, 1956 The Website is a content and product platform highlighting unique and interesting content, products & events, in India and internationally.
2. Membership Eligibility
Use of the Website is available only to persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Website. Any person under the age of 25 shall not register on the Website and shall not transact on or use the Website. If a minor wishes to use or transact on the Website, such use or transaction may be made by the minor’s legal guardian or parents on the Website. BOOZNOW reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the Website if it is brought to BOOZNOW’s notice or if it is discovered that such person is not eligible to use the Website.
3. Acceptance of Terms
Please carefully read these Terms. By accessing or using the Website, you are agreeing to these Terms and concluding a legally binding contract with BOOZNOW. You may not use the Website if you do not accept the Terms or unable to be bound by the Terms.
In order to use the Website, you must first agree to the Terms. You can accept the Terms by
• Logging into BOOZNOW by via Facebook or your personal e-mail; or
• Actually using the Website. In this case, you understand and agree that BOOZNOW will treat your use of the Website as acceptance of the Terms from that point onwards.
4. Opening an Account
In order to use the Website, you will have to create an account on the Website (“the Account”), which can be done either by signing up through Facebook or by your personal e-mail. As part of the application, you will be required to provide an e-mail address and a password which is to be used for logging into the Account in the future. You shall not transfer or share your Account password with anyone, or create more than one Account.
The confidentiality of your username and password is to be maintained by you and in case of any misappropriation or unauthorised access of the Account you agree to communicate the same promptly to BOOZNOW. Any information regarding this will be sent to the e-mail address which was used at the time of sign up.
6. Agreement to receive Mails & Phone calls
You hereby by way of accepting these Terms consent to the receipt of communication from us by way of e-mails, newsletters, WhatsApp messages & Phone calls.
7. Links to Third Party Websites
The Website may contain links and interactive functionality interacting with the websites of third parties. BOOZNOW is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, BOOZNOW strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.
8. Use of the Website
You agree, undertake and covenant that, during the use of the Website, you shall not host, display, upload, modify, publish, transmit, update or share any information that:
• belongs to another person or entity and to which you do not have any right.
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another person’s privacy, hateful or racially or ethnically objectionable, or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
• is misleading in any way.
• involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”.
• 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, e-mail address, physical address or phone number) or rights of publicity.
• provides instructional information about illegal activities such as violating someone’s privacy, or providing or creating computer viruses.
• tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Website.
• engages in commercial activities without BOOZNOW’s prior written consent such as engages in contests, sweepstakes, barter, advertising etc.
• interferes with another user’s use of the Website.
• refers to any website or URL that, in BOOZNOW’s sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms.
• deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
• contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information.
9. Your Reviews
• The Website may allow you to post certain content, data or information of your own, such as reviewing your allowing you to share your experience and views about a particular post, post your comments and reviews in relation to contents on the Website on specific pages of the Website, as well as submit any suggestions, comments, questions or other information to BOOZNOW using the Website (collectively referred to “User Content”).
• You, being the originator of the User Content, are responsible for the User Content that you upload, post, publish, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that BOOZNOW does not endorse any User Content on the Website and is not responsible or liable for any User Content. BOOZNOW reserves the right to disable access to the User Content on the Website.
• You hereby grant BOOZNOW a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post or that you otherwise provide on or through the Website; and that, as at the date that the User Content is posted or submitted on the Website: (i) the User Content is accurate; (ii) use of the User Content you supply does not breach these Terms; and (iii) that such User Content is lawful.
• You further represent and warrant that while posting any User Content on the Website you shall not use any offensive, libellous, derogatory, hateful or racially or ethnically objectionable language. Further, you shall not post any content on the Website that is obscene, pornographic, constitutes an “indecent representation of women” as provided in The Indecent Representation of Women (Prohibition) Act, 1986.
10. Limitation of Liability
You hereby acknowledge that BOOZNOW shall not be held liable to you for any special, consequential, incidental, and exemplary or punitive damages, or loss of profit or revenues. We are also not liable under any circumstances for damages arising out or related in any way to your inability to access, or your difficulty in accessing the Website, any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Website by any third party, any loss of your data or content from the services, your failure to keep your password or Account details secure and confidential. LLB shall not be liable under any circumstances for damages arising out of or in any way related to products, services and/or information offered or provided by third-party vendors accessed through the Website.
11. Disclaimer of Warranties
THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE (COLLECTIVELY, THE “CONTENTS”) ARE PROVIDED BY BOOZNOW ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. BOOZNOW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION. BOOZNOW SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION. YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE IS AT YOUR SOLE RISK. BOOZNOW WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WE SITE OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, BOOZNOW DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
13. Content and Intellectual Property Rights
BOOZNOW solely and exclusively owns copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with our Services and Contents and is protected under Indian law.
You hereby acknowledge that the Services constitute original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You thereby agree to protect the proprietary rights of BOOZNOW during and after the term of this agreement. You may not selectively download portions of the website without retaining the copyright notices You may download material from the website only for your own personal use and for no commercial purposes whatsoever.
Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available remedies under applicable laws of the country.
14. Termination of Access to your Services
The Account can be terminated at any time by:
• You by ceasing to use the Website.
• BOOZNOW, in its sole discretion for any reason or no reason including your violation of these Terms or lack of use of Services. You acknowledge that the termination of services may be affected without any prior notice, and BOOZNOW may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the services. Further, you agree that BOOZNOW shall not be liable for any discontinuation or termination of services by any third party.
16. Governing Law
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Delhi, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Delhi, India.