Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”) or a custom end user license agreement between you and the Application Provider (“Custom EULA”) if one is provided. BimaXpress grants your license to any Apple App under this Standard EULA or Custom EULA, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third-Party App. Any App subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
Our Service is provided “as is,” and we can’t guarantee it will be safe and secure or will work all the time perfectly. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES. WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT
We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We aren’t responsible for other people or companies’ services and features, even if you access them through our Service.
Our responsibility for anything that happens on the Service (also called “liability”) is limited as much as the law will allow. If there is an issue with our Service, we can’t know the possible impacts. You agree that we won’t be responsible (“liable”) for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. Our aggregate liability arising out of or relating to these Terms will not exceed the amount you have paid us in the past twelve months.
The Client acknowledges that the content of the information is subject to copyright. Accordingly, the Client shall ensure that the information is used solely for the Client’s research and/or reference purposes and may not be copied, reproduced, rebroadcast, or commercially exploited in all or any part.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL BimaXpress, OR ITS FUTURE PARENT OR AFFILIATED COMPANIES. BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES. LOSS OF DATA, LOSS OF GOODWILL WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE WEBSITES OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR OMISSION, INTERRUPTION. DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE WEBSITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF OR POSTING OF ANY RECORD. CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE WEBSITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF BimaXpress OR FUTURE PARENT OR AFFILIATED COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT BimaXpress OR FUTURE PARENT OR AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITES OR ANY OTHER THIRD PARTIES
Suppose APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU. In that case, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
We disclaim any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing the Websites, you acknowledge and agree to our disclaimer of any such liability. If you disagree, you should not access or use the Websites.
We may revise these Terms from time to time to better reflect:
(a) changes to the law.
(b) new regulatory requirements, or
(c) improvements or enhancements made to our Services.
Suppose an update affects your use of the Services or your legal rights as a user of our Services. In that case, we’ll notify you prior to the update’s effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.
You agree to use the App in accordance with these Terms and applicable laws and regulations. You will not violate any applicable law, contract, intellectual property, or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using the App. In connection with your use or the App and the Services, you will not
Engage in any harassing, threatening, intimidating predatory, or stalking conduct
Use or attempt to use another User’s account without authorization from that User
Use the App in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the use of the App and the Services or that could damage, disable, or impair the functioning of the App and the Services in any manner,
Reverse engineer decompile, or disassemble any aspect of the App or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the App or
Develop or use any third-party applications that interact with the App or Services without our prior written consent, including any scripts designed to scrape or extract data from the App
Any dispute related in any way to your visit to this website or to products you purchase from us shall be arbitrated by state or federal court, and you consent to exclusive jurisdiction and venue of such courts.
You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if
(a) you’re in breach of these Terms.
(b) you’re using the Services in a manner that would cause a real risk of harm or loss to us or other users,
We’ll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your Stuff from our Services. If, after such notice, you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services.
We won’t provide notice before termination where
(a) you’re in material breach of these Terms
(b) doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or
c) were prohibited from doing so by law.
You agree to pay all applicable undisputed fees for the Services on the terms set forth on the invoice. Any and all payments you make to us for access to the Services are final and non-refundable. You are responsible for all fees and charges imposed by your voice and data transmission providers related to your access and use of the Services. You are responsible for providing accurate and current billing, contact, and payment information to us or any reseller. You agree that we may take steps to verify whether your payment method is valid, charge your payment card or bill you for all amounts due for your use of the Services and automatically update your payment card information using software designed to do so in the event your payment card on file is no longer valid. We do not save or share your credit card information and related personal data with any third parties for payment unless stated otherwise. We may suspend or terminate your Services if at any time we determine that your payment information is inaccurate or not current, and you are responsible for fees and overdraft charges that we may incur when we charge your card for payment. We will not agree to submit invoices via any customer procure-to-pay online portal or Electronic Data Interchange (EDI portals, We reserve the right to update the price for Services at any time after your Initial Term, and price changes will be effective as of your next billing cycle. We will notify you of any price changes by publishing on our website, emailing2 quoting invoicing you.
We view the protection of Your privacy as a fundamental principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information, including any sensitive financial information collected as defined under the Information Technology Act, 2000 and Rules thereunder. We may share personal information with our other corporate entities and affiliates.
a. Correspondence Information. Following are the various Correspondence Information which You provide when You access/register for Our Service includes:
•Children under the age of 18: Use of the Application is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872, including minors, un-discharged insolvents, etc., are not eligible to use the Application. If you are a minor, i.e., under the age of 18 years, you shall not register as a User of the Application and shall not transact on or use the Application. As a minor, if you wish to use or transact on the Application, your legal guardian or parents may make such use or transaction on the Application.
•Personal Information: name, gender, age, images, contact/ postal address, telephone, email id, nationality, and content.
•Payment and Account Information: Your account history with us including (without limitation) all billing information and communications, payment history, etcetera. We maintain this in encrypted form on secure servers. However, your transaction details may be preserved by Application for purposes of tax or regulatory compliance.
•Transactional Information: Order ID, transactional history (other than banking details) about your activities on our Application.
•User IDs: Your usernames, passwords, email addresses, contacts, accounts including third-party accounts, and other security-related information used by you in relation to our Services.
•Stored Information: Data either created by you or by a third party and you wish to store on our servers such as image files, documents, etcetera.
b. Technical and functional management of the Mobile App. When you use our Application, we also process technical data such as your IP-address, Device ID, Device Contacts, Device Accounts, including third-party accounts or MAC-address, and information about the manufacturer, model, and operating system of your mobile device. We use this data to enable us to deliver the functionalities of the Application, resolve technical difficulties, and provide you with the correct (prevent the transmission of spam, viruses and/or unlawful, defamatory, obscene, or otherwise undesirable material or content) and most up to date version of the Application.
Note: You acknowledge that we will only disclose your information in an aggregated form that is not capable of being used or interpreted in such a manner as to identify you under Applicable law and procedure. We collect and store your Correspondence Information to (a) comply with our obligations under the law and (b) monitor your use of our Services in order to ensure your compliance with our Terms of Service.
Note: However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us over the Internet. Any transmission of information by you to our Application is at your own risk. We recommend that you do not disclose your password to anyone.
d. Third Party. At times, we may tie-up with third parties, brand owners, or other partners and make available certain offers, events, or special schemes. In such instances, Your personal information may be shared with such third parties and/or may become available to them or be disclosed to them, such third parties may have their own applicable privacy rules, and We shall not be liable for the use or misuse of Your information by such third parties.
We only collect your Personal Information to conduct our business and to enable us to deliver and improve our services. We do not for any reason whatsoever sell your Correspondence Information to any third party or otherwise trade on it.
7. Disclaimer of Warranties and Liability:
All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through Application are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, Application does not warrant that: Application will be constantly available, or available at all; or The information on Application is complete, true, accurate, or non-misleading.
All the Products sold on Application are governed by different state laws, and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You. You will be required to enter a valid phone number while placing an order on the Application. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications in case of any order or shipment, or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
We strive to create a better and seamless experience for individuals in their time of need, and a streamlined experience for providers such as Hospitals, Banks, NBFCs and Insurance Companies.
BNest, Bhopal Smart City Development
Center, near Natraj Petrol Pump, Sector A, Berkheda, Bhopal, Madhya Pradesh 462023