GENERAL TERMS AND CONDITIONS FOR USE OF THE BELLBOI SERVICE

Terms and Conditions last updated on [ 01-nov-2016 ]

1 Introduction

1.1 BellBoi Technologies Private Limited (“BellBoi”) has developed a technology / platform (which may inter alia use IoT sensors to identify the mobile phone location of a person by collecting the IMEI number/any other device ID of such mobile phone (“Technology”)) which is owned and managed solely and exclusively by it to provide services such as in-store real-time marketing services aimed at enhancing the shopping experience of customers by harnessing the strength of the ubiquitous telecom network with the presence of retail service providers such as retail stores (including multi brand retail stores and single brand retail stores) /restaurants/cafes (“Retailers”). In addition to the above, BellBoi may, from time to time, provide any or all of the other services as set out in Schedule 1 hereto (together with the aforesaid, the “Services”). It is clarified that BellBoi may provide one or more of the Services and may cease to provide any of the Services at its sole discretion. Any person availing of the Services (the “User”) shall be bound by the terms and conditions herein (the “Terms”), as read with BellBoi’s privacy policy, as amended from time to time (“Privacy Policy”). All information provided through these Services is subject to the Terms and the Privacy Policy.

1.2 It is clarified that by accepting these Terms the User agrees to receive all Services and cannot opt to avail of only one or more of the Services.

2 Age

2.1 The User represents and warrants to BellBoi that the User has completed 18 (eighteen) years of age and is legally capable of contracting in India. Should a person who has not completed 18 (eighteen) years of age or is not legally capable of contracting in India avail of the Services, he/she would do so at his/her own risk. Should BellBoi find that the User has not completed 18 (eighteen) years of age or is not legally capable of contracting in India, BellBoi shall have right to forthwith (without notice and without prejudice to any other rights it may have) cease providing any and all Services to such User and the provisions of Clause 8.2 hereto shall apply.

3 Acceptance and Subscription

3.1 The User acknowledges that the User has wilfully and by his/her free consent agreed to avail of the Services of BellBoi by responding in the affirmative to an SMS/Email/other communication sent by BellBoi/downloading the BellBoi app/signing up for BellBoi through any other through any other means made available by BellBoi.

3.2 The User agrees and acknowledges that by availing of the Services, he/she shall, from time to time, receive SMSs/in-app notifications/MMSs/voice calls/USSD/emails/third party app push notifications or other communications from BellBoi and/or any telecommunications companies/Retailers/third party service providers/fast moving consumer goods companies/consumer durable companies with which BellBoi has an arrangement (“Third Party Partners”), including promotional and/or marketing SMSs, and that the User has hereby agreed to receive any and all such messages/communications.

3.3 The User acknowledges and agrees that the consent provided herein shall override the User’s registration, if any, with the “Do Not Disturb” facility to not receive unsolicited commercial calls or other communications, and that the User has voluntarily availed the Services and will/shall not be entitled to make any claim against BellBoi or any other third party for any communications on the pretext of a violation of any of his/her rights (including the right to privacy) on account of receipt of any SMSs/in-app notifications/MMSs/voice calls/USSD/emails/third party app push notifications or any other communications from any person, where such communication is a part of or in furtherance to the Services.

3.4 The User acknowledges that while BellBoi will not charge the User for the Services provided by it, the User may incur additional charges from its telecom provider for availing the Services/receipt of communication under the Services and BellBoi shall not be liable to reimburse the User for the same.

3.5 The Services provided by BellBoi are not transferable unless and until permitted by BellBoi in writing. The User agrees that he/she shall not transmit or assign the Services to any third party and that the Services provided shall be used by the User only.

3.6 The User acknowledges that once he/she has agreed to avail the Services, it is his/her sole responsibility and liability to ensure that his/her BellBoi account (the “Account”) is protected, updated and maintained and agrees and undertakes to, immediately upon changing his/her telephone numbers, mobile phone and/or telecom operator, immediately notify BellBoi of the same The User shall be responsible for maintaining the of all information or data associated with the access to his/her Account.

3.7 The User agrees and acknowledges that BellBoi has an arrangement with only certain telecom operators and/or Retailers and that the provision of Services is limited to only to Users whose mobile numbers are registered with/belong to those specific telecom operators and that the Services shall be provided only in respect of the Retailers with whom BellBoi has an arrangement. The User agrees and acknowledges that the Services will not be available in respect of Retailers with which BellBoi does not have any arrangement and that should the User’s mobile number be with or move to a telecom operator with whom BellBoi does not have an arrangement or tie-up, the User will not be able to avail of the Services at all.

3.8 In the event the User violates any of the Terms or attempts to misuse or misuses the Services, he/she shall be blocked from using any and/or all of the Services. BellBoi hereby reserves its right to initiate or take appropriate actions in order to rectify such violation / misuse.

4 Services

4.1 The User agrees and acknowledges that while the Services provided by BellBoi may entail the communication of certain promotions, discounts, and/or other benefits (the “Promotions”) for/to the User, some such Promotions are generated by Retailers or other Third Party Partners at their sole discretion and that BellBoi is not, in any way, responsible for the type of Promotions received by the User generated by Retailers/Third Party Partners. Further, Promotions may be generic in nature or may be personal/specific to the User.

4.2 The User agrees and acknowledges that any and all such Promotions may be subject to separate terms and conditions as specified by the Retailer/Third Party Partner to whom the Promotion pertains (which may be intimated by the Retailer/relevant Third Party Partner to the User). Further, the User agrees and acknowledges that BellBoi shall, in no way be responsible for the goods or services sold/provided by Retailers or other Third Party Partners (or any failure by such person to provide/sell such goods or services), irrespective of the fact that the same have been made available to the User by virtue of the Services.

4.3 The Services are merely a means of communication of the Promotions to the User and the liability to fulfil and/or honour any such Promotions shall be that of the Retailer/relevant Third Party Partner. To this end, the User agrees and acknowledges that BellBoi is no way liable or responsible for any failure by the Retailer/Third Party Partner to fulfil/honour any Promotions.

4.4 BellBoi shall not be responsible for any interruption, disruption or stoppage of the Services or any delay in performance of any of its obligations hereunder due to any events or reasons beyond its reasonable control, including, but not limited to events of force majeure, labour disturbances, accidents, fires, floods, telecommunications or internet failures, a breakdown or interruption in the Technology, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law, any failures by Retailers/Third Party Partners to send Promotions and/or any interruption in telecom services by the telecom operator of the User.

4.5 BellBoi may, from time to time, schedule down-times for its Technology and/or the Services for the purposes of maintenance, repair and/or upgradation or may, at times, require to undertake maintenance, repair or upgradation work that is unscheduled, at which point in time the Services will not be available to the User (“Downtime”). While BellBoi shall endeavor to keep the User informed of any such Downtime and/or ensure that such Downtime is outside of regular business hours of most Retailers, the User acknowledges that it may not always be feasible for BellBoi to do so, and therefore agrees that non-availability of Services during Downtime (whether scheduled or not) shall not be construed as a breach of these Terms or a failure of BellBoi to fulfill its obligations hereunder.

5 Content

5.1 BellBoi shall not be held liable in any manner whatsoever by the User for the content (whether of Promotions or otherwise) transmitted to him/her through or as part of the Services (the “Content”). The Content is in no way an endorsement, representation or manifestation, whether expressly or impliedly, of the policies or views of BellBoi. Any and all such Content (unless pertaining to these Terms, the Privacy Policy or any other policies of BellBoi and/or requesting the User’s consent) is generated by or on behalf of Retailers/Third Party Partners and BellBoi is in no way concerned with or responsible for such Content.

5.2 The User acknowledges that BellBoi is not responsible for non-generation, delay, omission or loss of the Content and the lack of content in a Promotion or type of content in a Promotion is in no way a deficiency in performance of the Services by BellBoi.

5.3 The User shall in no way upload, generate, render or attempt to upload, generate or render any data on the Technology except as may be allowed by BellBoi at its sole discretion and BellBoi reserves its right to block Users who do so without reason or authorisation.

5.4 The User understands and acknowledges that whilst availing the Services, if the User imparts, discloses or provides any personal information to any other third party, BellBoi shall not be held responsible for protection and/or the confidentiality of the same. Any personal information given or disclosed to BellBoi shall be used in accordance with the Privacy Policy.

6 Intellectual Property Rights

6.1 The User agrees and acknowledges that the trademarks, copyrights, brand names, logos and service marks, inventions and/or any other intellectual property, including, but not limited to, the intellectual property pertaining to the Services and the Technology is owned solely and exclusively by BellBoi, while the intellectual property of the Content belongs to third parties. Nothing contained in these Terms or the Privacy Policy should be construed as granting any license or right to use any such intellectual property.

6.2 Nothing provided for as the Content, and/or through the Services shall be construed as an assignment or granting of any license or right to use other than for the limited purposes provided in these Terms, if any.

6.3 The User hereby agrees to indemnify and hold harmless BellBoi, its affiliates, directors, officers, employees, agents and other representatives from and against any losses, liabilities (contingent or otherwise), obligations, costs, charges, expenses, fines, damages, including those paid or suffered pursuant to any actions, proceedings, demands, claims, judgments, awards, and including interests and penalties with respect thereto and out-of-pocket expenses, including reasonable attorneys’ fees and disbursements suffered or incurred by BellBoi on account of the User using any intellectual property of BellBoi and/or any third party to which it has access as a result of having availed of these Services, in a manner not permitted under these Terms, including any of the Content and understands that legal proceedings may be initiated against him/her for any such use.

7 User Obligations

7.1 BellBoi may develop, upgrade, or create new functions or applications to the Technology from time to time including upgrading or developing new channels or methods to provide Services to the User. The User agrees and accepts that BellBoi shall not be obligated to obtain fresh consent of the Users in order to provide such upgraded Services or Services provided through new methods or channels.

7.2 The User agrees that BellBoi is in no way responsible for the quality, description, or availability of the goods or services procured by the User based on any Promotions received by it under the Services.

7.3 The User agrees and acknowledges that in order to avail of the Promotions, he/she may be required to disclose/provide certain information to the Retailer, and the disclosure of such information to the Retailer would be governed by the privacy policy and/or terms and conditions of the Retailer. Further, the User may be required to show the Retailer/its employees the communication containing the Promotion in order to be entitled to avail of it.

7.4 The User covenants that he/she will access the Services only through the use of his/her registered mobile number/email address/social media accounts or such other manner as may be provided/permitted by BellBoi, and he/she shall not use any means other to avail of the benefits in the Promotions.

8 Termination

8.1 In the event the User disagrees with the Terms and/or the Privacy Policy, and/or wishes to discontinue the Services, he/she may unsubscribe from the Services by SMS/calling the telecom customer care number provided 9961038444 or by any such other method as may be made available to the User by BellBoi from time to time.

8.2 BellBoi reserves the right to discontinue providing Services to the User in the event that:

a. The User materially breaches any of the clauses of the Terms and/or Privacy Policy or has made any misrepresentation to BellBoi;

b. BellBoi can no longer continue providing the Services to the User due to commercial reasons; or

c. for any other reason which BellBoi may deem fit.

9 Warranties

9.1 BellBoi makes no warranties or representations, whether express or implied in law or residual, other than to the extent specifically contained herein, including any warranties regarding the Content, Services or Technology provided by it and disclaims all warranties, express or implied, in connection with the Content, Services or Technology to the fullest extent as permitted by law.

10 Disclaimer of Liability

10.1 The User agrees that the Services, Content and Promotions are provided on an “as is” and on an “as available” basis. BellBoi makes no express representations or warranties with regard to the Services, Promotions, or any activities or items related to these Terms. To the maximum extent permitted by applicable law, BellBoi disclaims all express and implied conditions, representations, and warranties including, but not limited to, the warranties of merchantability, accuracy, fitness for a particular purpose, title, and non-infringement.

10.2 BellBoi shall not be liable, and the User agrees not to hold BellBoi responsible, for any damages or losses arising out of or in connection with these Terms, including, but not limited to:

a. The User’s use of or his/her inability to use the Technology, Services or Promotions;

b. delays or disruptions in the Technology or rendering of the Services or Promotions;

c. viruses or other malicious software obtained by accessing, or linking to, the Technology, the Services or Promotions;

d. glitches, bugs, errors, or inaccuracies of any kind in the Technology, the Services or Promotions;

e. damage to the hardware device from the use of the Technology, the Services or Promotions;

f. the Content, actions, or inactions of third parties' use of the Technology, Services or Promotions;

g. the Users’ reliance on the quality, accuracy, or reliability of the Technology, the Content, Promotions, Services made available by BellBoi or its authorized representatives; and/or

h. The Users’ need to modify practices, or behavior or his/her loss of or inability to avail the Services as a result of changes to these Terms.

BellBoi shall not be responsible for any act or omission and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by the User or any third party, as a result of or which may be attributable, directly or indirectly, to the User’s availing of the Services, or his/her usage of the Content or Technology.

BellBoi is in no way responsible for the loss of any points/rewards or any other incentives/promotions provided by BellBoi/Retailer/Third Party Partner due to a change in any of the details of the User Account of User Account.

11 Indemnity

11.1 The User indemnifies and holds harmless and shall keep indemnified and harmless BellBoi, its affiliates, directors, officers, employees, agents and other representatives against any losses liabilities (contingent or otherwise), obligations, costs, charges, expenses, fines, damages, including those paid or suffered pursuant to any actions, proceedings, demands, claims, judgments, awards, and including interests and penalties with respect thereto and out-of-pocket expenses, including reasonable attorneys’ fees and disbursements suffered or incurred by BellBoi as a result of a breach by the User of any of any of the Terms or the Privacy Policy as amended by BellBoi from time to time.

12 Miscellaneous

Introduction of New Policies

12.1 BellBoi Points/Rewards

Bellboi may introduce a reward programme/reward points system/loyalty programmes for its Users or customers. Such programme may be governed by additional terms and conditions/policies as decided by Bellboi, which would then need to be read together with these Terms. Such policy(ies) would be made available to the User at the time of the commencement of the relevant programme/system, or any time thereafter.

12.2 Referral Programs

BellBoi may initiate a referral program wherein a User would receive certain additional Promotions by referring BellBoi to a non-User. At the time of the commencement of the program, BellBoi shall intimate the customers of the Program specifications and details. This program may be subject to additional terms and conditions.

Additional Terms and Conditions

12.3 As the Technology and Services are upgrade/updated and/or modified/evolve over time, BellBoi may choose to, depending on the features of the Technology and/or Services, formulate other policies (including pertaining to loyalty points, subscription fees, etc.), which policies, if and when framed, shall form part of these Terms.

Information and Customer Profile Database

12.4 The User agrees and acknowledges that by availing of the Services and as part of the consideration for doing so, the User hereby permits BellBoi to, at any time, and from time to time, access, obtain and use all information available on the User’s mobile phone, including, but not limited to personal identifiable information. In addition to the above, the User hereby agrees that any and all information to which BellBoi has access as stated above, and/or that is otherwise provided by the User to BellBoi, which does not constitute “Personal Information” may be used by BellBoi for such purposes as it may deem fit, including, but not limited to, the analysis of such data for the purposes of enabling BellBoi and any third parties with which they have arrangements, including Retailers, to study customer behaviour. Personal Information shall only be dealt with in accordance with the Privacy Policy. For the purposes of these Terms and the Privacy Policy, “Personal Information” shall mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available, is capable of identifying such person.

12.5 The User represents and warrants that all information provided by the User is true, correct and accurate and agrees and undertakes to update any and all such information as and when so required. The User understands that any misrepresentation made by him/her and/or incorrect information provided by him/her may cause irreparable damage to BellBoi and therefore indemnifies BellBoi in this respect in accordance with the provisions of Section 10 (Indemnity) hereto.

12.6 BellBoi may build a customer profile database for the furtherance of its commercial interests based on the information provided by the User or any/all of the authorised third parties.

Updates

12.7 BellBoi may from time to time, at its discretion, develop and provide updates to the Technology or Services, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features or functionalities of the Technology/Services. The User agrees that BellBoi does not have any obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the Technology/Services. The User agrees that the Technology, Services or Promotions or any portions thereof are provided on “as is” basis and may not work properly. BellBoi reserves the right to modify, suspend, or discontinue the Services or any part thereof at any time, without notice. The User agrees that BellBoi shall not be liable for any modification, suspension, or discontinuance of the Technology or Services or any part thereof.

Amendments to Terms

12.8 These Terms may be amended by BellBoi from time to time, and BellBoi shall intimate the User of such change by way of SMS/in-app push notification/email or such other manner in which BellBoi deems fit. It shall be the responsibility of the User to keep himself/herself informed of such changes and in the event that the User does not opt to unsubscribe from the Services, he/she shall be deemed to have accepted all such amendments to the Terms.

Governing law

12.9 These Terms and Privacy Policy shall be governed by the laws of India. The Courts of Hyderabad shall have exclusive jurisdiction in respect of any disputes arising out of availing the Services and/or Technology of BellBoi under these Terms.

Complaints

12.10 In case of any complaints, the User may send the same to BellBoi by email at info@bellboi.com


SCHEDULE 1

SERVICES

In-store real-time marketing services as described in Clause 1.1 of the Terms.

BellBoi may, at a future date, extend its marketing services to online retail as well, including websites of brick and mortar retail stores, e-commerce/m-commerce platforms, including aggregators. A reference to “Retailers” shall then include such e-commerce/m-commerce platforms/aggregators/online retail stores.

BellBoi may tie up with third parties (including Retailers and/or Third Party Service Providers) to enable the loyalty/reward programmes/systems of such third parties be accessible/available for use by a User, when availing the Services and/or so as to enable a User to accumulate or use the loyalty/reward programmes/systems when availing the Services. This may, however, be subject to additional terms and conditions, depending on the arrangements between BellBoi and the relevant third parties.

BellBoi may add other services to this schedule at its sole discretion.