The Company reserves the right to change, modify, add or remove portions of these Terms and Conditions, at any time without any prior written notice to you. It is your responsibility to review these Terms and Conditions periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions.
When you visit the Website, send e-mails to us or contact us telephonically, you are communicating with us electronically. You consent to receive communications from us electronically by e-mail and/or by posting notices on the Website and/or by calls. You agree that all the agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement requiring such communications to be in writing. By using this Website you confirm your acceptance of this Agreement as if it were a written agreement with your signature.
You accept all the terms and conditions as follows:
THIS AGREEMENT is between BWPL a company incorporated under the Indian Companies Act, 1956 and having its registered office at 5-5-101, Lolakpuri Complex, 1st Floor, Ranigunj, Secunderabad - 500003, Telangana, INDIA (hereinafter called “the Company” ), which expression shall, unless repugnant to or inconsistent with the context, mean and include the successors and permitted assigns, legal representatives and administrators, as the case may be of the First Part and you, the user of the Website as a website visitor together referred to as Parties.
The Company is in the business of selling products on internet retail platforms for various brands operating in India and abroad. The brand name DeckUp is owned by the Company. In no event shall the Company be liable for any damages whatsoever arising out of, or in connection with, your access of this Website or any information contained in the Website or any linked websites. In particular the Company shall not be liable for special, indirect, consequential or incidental damages, whether an action alleging such damages is brought in contract, negligence or tort. The Company will not be responsible for any liability arising out of the conduct of its employees, associates, contractors and suppliers that may cause any financial or other loss to you. This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this Website are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing.
Neither the Company, its affiliates nor any of their respective employees, agents or third party content providers warrant that the Website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Website, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the Website.
The Company owns and operates the Website. No part of the Website, the designs or the terms and references within shall be copied or transmitted for commercial purposes by you. Nothing contained in this Agreement shall give or be deemed to grant, whether directly or by implication, you any right, title or interest in or to the ownership or use of the trademarks and intellectual property. Unless otherwise stated, copyright and all intellectual property rights in all material presented on the site (including but not limited to text, graphics, button icons, images, audio clips, digital downloads, data compilations, and software), trademarks and logos appearing on the site are the property of the Company , and are protected under applicable Indian and international laws. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of the Company and its brand DeckUp. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.
This Website may contain hyperlinks to websites operated by parties other than the Company. Such hyperlinks are provided for your reference only. The Company does not control such websites and is not responsible for their contents. The Company’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Any fraud, neglect, deliberate omission, wrongful act or default conducted by you will be subject to legal action and The Company will not be responsible for your actions. Furthermore, you agree to defend, indemnify and hold The Company harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from and related to your access and use of the Website. The Company shall not be liable for any loss or damage arising from its failure to perform any of its obligations under this Agreement if such failure is the result of circumstances outside its control including but not limited to the outbreak of war, any governmental act, act of war, explosion, accident, civil commotion, riot, industrial dispute, strike, lockout, stoppages or restraint of labour from whatever cause, whether partial or general, weather conditions, traffic congestion, mechanical breakdown, obstruction of any public or private road or highway or outbreak of any communicable disease or any other force majeure, fire, flood or any other act of God. In no event shall the Company be liable for any special, incidental, indirect or consequential damages of any kind in connection with this agreement, even if the Company has been informed in advance of the possibility of such damages.
The Company is a channel for sales and as such aims to make information about products accurate. However, should there be any unintentional errors relating to the product, pricing, availability, shipping and product supply, The Company will make good by correcting the particulars and will have the right to make changes to the website to correct the errors without any obligation to supply the product or service at the previously published incorrect price or description.
The Company is not responsible for any consequences that arise from use of the Products. The buyer or user of the Product needs to make their own judgment of the safety and risks associated with the Product, and are solely responsible for the consequences of use of these Products.
The content of this Website operated by The Company may contain materials that are created and provided by suppliers, vendors and others who sell their products and services (“Third-Party Content”). If any of Third-Party Content is found to be objectionable or is found to have violated any laws or copyright, the responsibility of this would be with the producer of the materials and The Company will not be liable or responsible for any of the Third-Party Content. Any issues relating to this would need to be dealt with the original producer of the content and materials.
The product colour and actual size may vary from the visual representation on the Website.
If any part of the Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of the Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
This Agreement shall be subject to and construed in accordance with the laws of India and the Parties hereby submit to the exclusive jurisdiction of the courts of Hyderabad. In the event of any disputes, differences or controversies between the Parties hereto, out of or in connection with the provisions of this Agreement, or any action taken hereunder, the Parties hereto shall thoroughly explore all possibilities for an amicable settlement. In case an amicable settlement cannot be reached, such disputes, differences or controversies shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 including any amendment or re-enactment thereof. The proceedings of such arbitration shall be conducted in English language and the venue of such arbitration shall be Hyderabad. The award of such arbitration shall be final and binding upon the Parties here to.
All notices, demands or other communications required or permitted to be given or made under or in connection with this Agreement shall be in writing and shall be sufficiently given or made (i) if delivered by hand, or (ii) sent by pre-paid registered post, addressed to The Company at the following address:
Attn : Head of Legal and Compliance
The Compliance and Legal Officer
5-5-101, Lolakpuri Complex,
1st Floor, Ranigunj,
Secunderabad - 500003,