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Conditions of Use
The website www.binbag.in (the website or Binbag website) is operated by Binbag Environmental Services Pvt Ltd (formerly Fabshop Technologies Private Ltd) having its registered office located at C-0703, Nitesh Caesars Palace, Raghuvanahalli, Kanakpura Main Road, Bangalore – 560062, Karnataka, India (hereinafter Binbag and/or its affiliates). Please read the Conditions of Use document carefully before using the website or the app.
By using the website, you signify your agreement to be bound by Binbag’s Conditions of Use. We share information with third-party service providers. For example, we use third-party service providers for order fulfillment. For any further details on our security practices please read our Privacy Notice. For any queries or issues relating to Binbag, you can contact us by writing to hello@binbag.in
Please read these conditions carefully before using the Binbag website. By using the Binbag website, you signify your agreement to be bound by these conditions.
In addition, when you use any current or future Binbag service (Marketplace mobile application), you will also be subject to the terms, guidelines and conditions applicable to that service ("Terms"). If these Conditions of Use are inconsistent with such Terms, the Terms will control.
These "Conditions of Use" constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Conditions Relating to Your Use of Binbag
Notice and Procedure for Making Claims of Infringement
Notice and Procedure for Notifying Binbag of Objectionable Content
Conditions Relating to Your Use of Binbag
1. Your Account
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account / Profile area of the website.
2. Privacy
Please review our Privacy Notice, which also governs your visit to Binbag.in, to understand our practices. The personal information / data provided to us by you during the course of usage of Binbag will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website.
3. E-Platform for Communication
You agree, understand and acknowledge that the website or marketplace is an online platform that enables you to purchase material listed on the website/mobile app at the price indicated therein at any time from any location. You further agree and acknowledge that Binbag is the owner of the items and accordingly, the contract of sale of items on the website shall be a strictly bipartite contract between you and Binbag.
4. Access to Binbag
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
5. Licence for website access
Subject to your compliance with these Conditions of Use and payment of applicable fees, if any, Binbag grants you a limited licence to access and make use of this website, but not to modify it, or any portion of it, except with express written consent of Binbag and / or its affiliates, as may be applicable. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Binbag Seller Services Private Limited and / or its affiliates, as may be applicable.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Binbag and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Binbag Seller Services Private Limited's or its affiliates' names or trademarks without the express written consent of Binbag Seller Services Private Limited and / or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by Binbag Seller Services Private Limited and / or its affiliates, as applicable.
You may not use any Binbag logo or other proprietary graphic or trademark as part of the link without express written consent of Binbag Seller Services Private Limited and / or its affiliates, as may be applicable.
6. Your Conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way You understand that you, and not Binbag, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following:
for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, insulting or harassing, blasphemous, defamatory, libelous, obscene, pornographic, paedophilic, or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, patent, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, defence, security or sovereignty of India or friendly relations with foreign States or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam; or is patently false and untrue; to cause annoyance, inconvenience or needless anxiety
7. Reviews, comments, communications and other content
Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. Binbag reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of Binbag violates these Conditions of use and, or terminate your permission to access or use this website.
You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website. You agree to indemnify Binbag and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
8. Copyright, authors' rights and database rights
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Binbag Environmental Services Private Limited, its affiliates or its content suppliers and is protected by India copyright, authors' rights and database right laws. The compilation of all content on this website is the exclusive property of Binbag and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this website is the property of Binbag, its affiliates or its software suppliers and is protected by India and international copyright and author' rights laws.
You may not extract/ or re-utilise parts of the contents of the website without Binbag and / or its affiliate's (as may be applicable) express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Binbag and / or its affiliate's (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and item listings) parts of this website without Binbag and / or its affiliate's (as may be applicable) express written consent.
9. Intellectual Property Claims
Binbag and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please write to us at hello@binbag.in
10. Trademarks
BINBAG, BINBAG.IN, THE BINBAG LOGO, and other marks indicated on our website are trademarks or registered trademarks of Binbag. Binbag's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Binbag. Binbag's trademarks and trade dress may not be used in connection with any product or service that is not Binbag's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Binbag. All other trademarks not owned by Binbag that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Binbag.
11. Disclaimer
You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, performance, safety, fitness for a particular purpose, or legality of the items listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, the buyer is required to conduct its own due-diligence before purchase of the material.
12. Indemnity and Release
You shall indemnify and hold harmless Binbag, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release Binbag and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
13. Children
Use of Binbag is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use Binbag website only with the involvement of a parent or guardian.
14. Other Businesses
Parties other than Binbag and its affiliates may operate stores, provide services, or sell product lines on Binbag. In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. Binbag does not assume any responsibility or liability for the actions, items, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and other conditions of use.
15. Communications
When you visit Binbag, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your order placed on the website.
16. Losses
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.
17. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
18. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
19. Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
20. Governing law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Bangalore.
21. Our Details
This website is operated by Binbag Environmental Services Private Limited (formerly Fabshop Technologies Private Ltd). For the Binbag website, you could contact us by visiting https://www.binbag.in/
22. Customer Complaint Details
For any complaints, you can write to us at hello@binbag.in
25. Binbag Software Terms
In addition to these Conditions of Use, the Privacy Policy terms apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Binbag.