These terms of use "Terms of Use " mandate the terms on which merchant/business registered on the Platform defined below) ("You" or "Your" or "Yourself" or "Merchant") interested in participating on the weblink platform/mobile application: ‘www.bucksbox.in’, (collectively referred to as, the "Platform") owned and operated by Buckspos team ("Open") and managed by the delivery and stores partner designated on the Platform (“DSP”) may participate for providing its Merchant Services (defined below) on the Platform, which enables You to interact with (A) individual users (“Users"); (B) delivery partners registered on the Platform ("Delivery Partners") to avail the delivery services (“Delivery Services”); and (C) DSPs designated on the Platform, in order to avail support in respect of the provision of Your Merchant Services to the Users. Please read and understand these Terms of Use carefully before participating on the Platform or registering on the Platform. These Terms of Use represents and confirms our mutual terms and conditions with respect to the Your participation on the Platform. By clicking on the "I Accept" button, You accept these Terms of Use and agree to be legally bound by the same and acknowledge that it constitutes an agreement between You and Us. If You do not agree with these Terms of Use, You should not use or access the Platform for any purpose whatsoever Use of and access to the Platform is offered to You upon the condition of acceptance of all the terms, conditions and notices contained in these Terms of Use and Privacy Policy, along with any amendments made by Open at its sole discretion and posted on the Platform from time to time. For the purposes of these Terms of Use, the term ‘Open' or 'Us' or 'We' refers to B. The term 'You' refers to the merchant or business registered on the Platform. When You register and participate on the Platform, You will be subject to the terms, guidelines and policies applicable to such Merchant Services and as set forth in these Terms of Use. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to register Your business or store on our Platform. You expressly acknowledge and agree that (i) the Platform is an information technology platform that enables You to transact with Users of the Platform and Delivery Partners who have been granted access to the Platform.; (ii) Open is a technology services provider that does not sell the Items listed on the Platform, or provide logistics or Delivery Services, will not be involved in any grievances arising out of or in connection with the Platform, nor will it function as a transportation/logistics carrier, or operate as an agent for the delivery of good(s)/item(s) purchased; but only acts as an information technology platform for You, Delivery Partners, DSPs, and Users to transact with each other at their own cost and risk, and other services as may be specifically provided in writing. While using the Platform, You acknowledge that You will be entering into contracts directly with the Users, DSPs and Delivery Partners on a principal-to-principal basis. You expressly acknowledge that Open is not and cannot be a party to any transaction between You and the User and/or Delivery Partner and/or DSP, or have any control, involvement or influence over the Items listed by You or the prices of such Items or order and payment by the Users or delivery by the Delivery Partners. Open disclaims all warranties and liabilities associated with the Items and Delivery Services offered on the Platform and orders via the Platform.
Open grants to You, a personal, non-exclusive, non-assignable and non-transferable right to access and use the Platform, for carrying out the Merchant Services; which shall be revocable at the option of Open in its sole discretion. Open shall host the Platform for You and Open shall be entitled, from time to time, to specify such other terms and conditions upon which You shall be entitled to access and use the Platform. You shall not be permitted to make any changes or improvements to the Platform. Open shall have the sole control over the functionality of the Platform. Open shall determine the user interface of the Platform from time to time. Open shall, if required by You and as agreed by Open, provide support services to You, in connection with the usage of the platform.
The Platform allows You to provide the following services (collectively, "Merchant Services"): connect with Users, Delivery Partners and DSPs; list your products/services ("Items") for sale on the Platform; sell the Items to Users; and fix the price of the Items and prepare catalogues for the same You agree and acknowledge that the provision of Merchant Services will be done in coordination and cooperation with the respective Delivery Partners and relevant DSP. You agree that, any transactions entered into on the Platform, will constitute a contract between You and the respective User and/or Delivery Partner and/or the DSP. In the event of any concerns or disputes in respect of the Platform or order or payment by a User or Delivery Services rendered by the Delivery Partner, You hereby agree that Your recourse will be solely against those concerned parties alone. You acknowledge and hereby appoint the DSP to act as your agent in addressing and resolving any concerns or disputes in respect of the foregoing . You hereby agree and acknowledge that Open is only a technology platform that only provides You with access to the Platform to connect with Users, the DSPs, and Delivery Partners for You to sell Your Items on the Platform. You agree and acknowledges that upon acceptance of an order by You or Merchant Services provided by You shall constitute a separate contract for services under the Consumer Protection Act, 2019 or any successor legislations, between You and the User, to which Open is not a party. You agree and acknowledge that the Users of the Platform reserve the right to cancel or avail refund in respect an order in accordance with the terms and conditions stated in every transaction order placed using the Platform You agree that it is solely Your responsibility to ensure quality and safety of the Items being sold to Users You agree that the DSP shall supervise Your actions and conduct to see if they are in gross violation of Your duty to render Merchant Services under these Terms of Use Open shall not be liable in any manner or incur any liability with respect to the conduct, acts and omissions of the Delivery Partners (including their employees, drivers, and consultants) in the course of providing their Delivery Services to You, or for any loss or damage to the Items or otherwise caused to You as a consequence of or in relation to the services being provided, as the case may be. It is Your duty to share the updated Item list along with its prices on the Platform. You also agree that only those Items may be updated on the Platform, for which if an order is placed the same can be successfully fulfilled by You. You further agree that if the order of an Item cannot be fulfilled by You, then such Item shall be shown as “unavailable” on the Platform You shall sell medicines to a User only if such User has a valid prescription from a medical practitioner which has been uploaded on the Platform, while initiating a transaction with respect to the same on the Platform. Only upon verification of the medical prescription as valid, will You be able to sell the required medicines to the User. If the User fails to upload a valid medical prescription or the uploaded medical prescription is improper or false, then You shall cancel the transaction and You shall not sell such medicines to the User You agree that it is Your duty to ensure the prices of the Item List are true and correct. Open shall not be responsible for any inaccurate Item listing on the Platform You shall not sell any product on the Platform which is listed under the Schedule hereto (Prohibited Items) or which is otherwise illegal, immoral, unethical, unlawful, unsafe, contains harmful substance and is in violation of these Terms of Use and applicable laws. You specifically agree that You shall not enter into any transaction on the Platform for the sale or delivery of any alcoholic beverages, narcotic drugs or psychotropic substances, etc also. Further, You hereby acknowledge and agree that Open shall not be liable for any indirect, direct damage or loss, cost, expense incurred by You in relation to the transactions initiated by You on the Platform. Open does not check or verify the Items that are being sold by You and therefore Open shall have no liability with respect to the same. However, if it comes to the knowledge of Open that You have used the Platform to sell any illegal or dangerous substance, Open shall have the right to report You to the government authorities and take other appropriate legal actions against You. You hereby acknowledge that Open shall not be liable for any damages of any kind arising from Your use of the Platform, including, but not limited to direct, indirect, incidental, punitive, and consequential damages You acknowledge that the goodwill and reputation of Open is at stake with how effectively and efficiently You render Merchant Services pursuant to these Terms of Use. Accordingly, You shall not do any act that adversely affects Open and undertakes to be in compliance with applicable law at all times and protect the brand image, business reputation or any other asset/property of Open. You are fully responsible for quality, and safety of the Items and You shall adhere to all applicable laws and regulations in relation to the preparation, provision, and packaging of the Items. You will reasonably determine any quality, portion, size, or other criteria (including those of laws and regulations) that apply to the Items (“Criteria”) and You are solely responsible for ensuring that the Items meet such Criteria when then are made available via the Platform. In the event of failing to provide Items that adhere to the Criteria (each, a “Substandard Item”), Open is under no obligation to make such Substandard Items available for sale via the Platform. You agree and acknowledge that Items should be packaged properly to avoid any form of spillage or damage to the Item or any issues related to packaging. You agree that the Items being sold by You shall comply with all the obligations under the applicable laws governing such Item(s). If a transaction on the Platform cannot be completed, Open shall notify You on the Platform You agree to provide as much information as possible on the Platform with respect to the Items/services You wish to sell, using the Platform. Open will use Your location-based information that is captured by Open through global positioning system for listing You as a “merchant” on the Platform. Such location-based information shall be used by Open only to facilitate and improve the Platform being offered to You and the Users You understand and acknowledge that Open by itself does not sell or provide any such Items. Open is not responsible for the quality, merchantability or fitness of such Items
You are responsible for determining and setting the retail price (“Retail Price”) for each Item and duly updating the same on the Platform from time to time, including any Item discount(s), discounts on offer from time to time. You shall be the “retailer” or “seller” of all Items for the purpose of any indirect tax (such as value added tax, sales tax, service tax, goods and services tax) (“Indirect Tax”) and the responsible party for collection and remittance of applicable Indirect Tax. For the sake of clarity, the Retail Price for each Item shall include Indirect Tax, as applicable. You undertake that all applicable taxes on item(s) & delivery would be deposited by You with the government treasury within stipulated timelines. Except as may be expressly agreed in these Terms of Use, each party shall be responsible for its expenses and costs during its performance under these Terms of Use
All costs, expenses, and reimbursements for any order, any disputes order, cancelled order, refund policies as the case may be, shall be subject to the terms stated in the relevant transaction order placed using the Platform.
You have full power and authority to enter into these Terms of Use and perform its obligations hereunder; and You are duly organized, validly existing and in good standing under the laws of India. You represent and warrant that You are legally authorised to view and access the Platform and provide the Merchant Services You represent and warrant that You have received any notice from any third party or any governmental authority and no litigation is pending against You in any court of law, which prevents You from accessing the Platform and/or providing Merchant Services on the Platform You have no prior commitments, arrangements or agreements with any other person which might interfere with, or preclude the carrying out of its obligations under this Agreement; You have the requisite approvals, licenses, experience, knowledge, expertise, capability, availability of manpower and infrastructure (with the capacity and the ability to augment all of the foregoing) necessary to effectively and properly perform Your obligations hereunder You will not at any time violate or infringe the intellectual property of any third party; and You shall, at all times, and at its own expense strictly comply with all applicable laws relating to its performance of these Terms of Use You agree that You shall adhere to the timelines mentioned on the Platform for the provision of the Merchant Services in respect of the orders made by Users You agree that the permission to access and use this Platform does not include any resale or commercial use of this Platform or its contents; any collection and use of any product or Item listings, descriptions, or prices; any derivative use of this Platform or its contents; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools. This Platform or any portion of the Platform may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Open. You may not frame or utilize framing techniques to enclose any trademark, logo, copyright, design, domain name or any other intellectual / proprietary information (including images, text, page layout, or form) of this Platform or of Open and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing this Platform’s or Open’s name or trademarks without the express written consent of Open. Any unauthorized use of this Platform terminates the permission granted by Open. You agree to use the Platform only: (i) for purposes that are permitted by these Terms of Use; and (ii) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by Open or Delivery Partner(s) or DSPs or Users or other Merchants You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by Open. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Open Property, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform You acknowledge and agree that by accessing or using the Platform, You may be exposed to content from others that You may consider offensive, indecent or otherwise objectionable. Open disclaims all liabilities arising in relation to such offensive content on the Platform You agree and acknowledge that the provision of the Merchant Services offered by You is at Your sole risk. You agree to maintain commercial general liability insurance that provides protection against, including without limitation, personal injury, advertising injury and property damage to third parties at levels of coverage required by all applicable laws in the Territory. You be solely responsible for meeting Your obligations and/or liabilities towards Users, Delivery Partners, DSPs, or other third parties, as the case may be, while providing Delivery Services pursuant to these Terms of Use. All materials/content on our Platform (except any third party content available on the Platform), including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, "Material") are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Open. You acknowledge and agree that the Material is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in our Platform, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose other than the purposes stated under these Terms of Use, by any person or entity, without Open’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize our Platform or any part of the Material for any purpose other than its intended purposes is strictly prohibited. Subject to the above restrictions under this Clause, Open hereby grants You a non-exclusive, freely revocable (upon notice from Open), non-transferable access to view the Material on the Platform Further, You undertake not to: defame, abuse, harass, threaten, harm others in any way or otherwise violate the legal rights of others publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, disparaging, ethnically objectionable, obscene, indecent or unlawful topic, name, material or information copy, republish, post, display, translate, transmit, reproduce or distribute any Open Property through any medium without obtaining the necessary authorization from Open upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents upload or distribute files or documents or videos (whether live or pre-recorded) that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer; engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform) attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any Open server, or through the Platform, by hacking, password mining or any other illegitimate means; probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites; collect or store data about other Merchants, Users, Delivery Partners in connection with the prohibited conduct and activities set forth herein use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform; use the Platform or any material or Open Property for any purpose that is unlawful or prohibited by these Terms of Use or to solicit the performance of any illegal activity or other activity which infringes the rights of Open or other third parties falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; impersonate any other Merchant, Delivery Partner, User or person violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality; violate the Terms contained herein or elsewhere threatens the unity, integrity, defence, security or sovereignty of India, friendly relation 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 for any other nation; and reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
OPEN MAKES NO REPRESENTATIONS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PLATFORM AND THE PROVISION OF ITS SERVICE OFFERINGS FOR PURPOSE OF THESE TERMS OF USE...
We each acknowledge and agree that, unless otherwise stated in writing, our relationship is non-exclusive..
You agree that any violation by You of these Terms of Use of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Open, as the case may be, for which monetary damages would be inadequate, and You consent to the Open obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that Open may have at law or in equity. If Open takes any legal action against You as a result of Your violation of these Terms of Use of Use, they will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted
We may also require You to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the Platform. These additional terms shall form a part of these Terms of Use, and You agree to comply with them when You participate in those promotions, or otherwise engage in activities governed by such additional terms.
These Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Bangalore.
In the event You come across any abuse or violation of these Terms of Use of Use or if You become aware of any objectionable content on the Platform, please report the same to the following e-mail id: support@buckspos.com. In case You have any queries with respect to the Terms of Use or the Platform, please write to on the Platform chat box or Us at support@buckspos.com
You hereby expressly agree to receive communications by way of SMSs and/or e-mails from Open, or other third parties. You can unsubscribe/ opt-out from receiving communications through SMS and e-mail anytime by contacting us for the same. However, You may still receive communications from Your end with respect to Your use of the Platform
Amendments: Open reserves the unconditional right to modify or amend these Terms of Use without any requirement to notify You of the same. It shall be Your responsibility to check these Terms of Use periodically for changes. Your acceptance of the amended Terms of Use shall signify Your consent to such changes and agreement to be legally bound by the same Notice: All notices from Open will be served by email to Your registered email address or by general notification on the Platform. Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. Open’s rights under the Terms of Use are freely transferable by Open to any third party without the requirement of informing You or seeking Your consent Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.. Waiver: Any failure by Open to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by Open of that provision or right Integration: These Terms of Use of Use together with Open’s Privacy Policy and any other legal notices, communications published by Open on its Platform, and any other agreements executed between You and Open shall constitute the entire agreement between You and Open concerning the Platform, and governs Your use of the Platform, superseding any prior agreements between You and Open with respect to the Platform.IP Infringement If You believe the Platform violates Your intellectual property, You must promptly notify Open in writing at support@buckspos.com. These notifications should only be submitted by the owner of the intellectual property or an agent duly authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Platform. You are required to provide the following details in Your notice the intellectual property that You believe is being infringed the item that You think is infringing and include sufficient information about where the material is located on the Platform A statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform Your contact details, such as Your address, telephone number, and/or email; a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and Your physical or electronic signature;
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 and is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011..
Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services. Alcohol which includes Alcohol or alcoholic beverages such as beer, liquor, wine, or champagne Live poultry, body parts which includes organs or other body parts Bulk marketing tools which includes email lists, software, or other products enabling unsolicited email messages (spam). Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free. Child pornography which includes pornographic materials involving minors. Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association, fake autographs, counterfeit stamps, and other potentially unauthorized goods. Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms. Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content. Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles. Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, watomites, or other protected property Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes Offensive goods which includes literature, products or other materials that: a) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors b) Encourage or incite violent acts c) Promote intolerance or hatred Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals. Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner. Pyrotechnic devices and hazardous materials which includes fireworks and related goods; toxic, flammable, and radioactive materials and substances. Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants, chemical/industrial solvents, government uniforms, car titles or logos, license plates, police badges and law enforcement equipment, lock-picking devices, pesticides; postage meters, recalled items, slot machines, surveillance equipment; goods regulated by government or other agency specifications. Securities, which includes stocks, bonds, or related financial product Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products Traffic devices which includes radar detectors/ jammers , license plate covers, traffic signal changers, and related products Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments Wholesale currency which includes discounted currencies or currency exchanges Live animals or hides/skins/teeth, nails and other parts etc of animals. Multi Level Marketing collection fees Matrix sites or sites using a matrix scheme approach Work-at-home information. Drop-shipped merchandise Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of India