Terms of service

These Terms of Use, read together with the Privacy Policy and all other additional terms and information (collectively "Terms"), govern your access to and use of Boito's website www.boito.in ("Website"), the products and services that we offer therein, all data, notifications, and content.

Please review these Terms carefully before using the Services or continuing to access the Website to avail the Services. The Terms, together with the Privacy Policy, constitute a binding, legal agreement between You (also referred to as "Your", "User") and Boito (also referred to as "BOITO", "Company", "Us", "We", "Our").

By accepting the Terms and accessing the Website/Application to use the Services, You agree to be bound by and comply with these Terms. We may modify or change these Terms or alter any features of the Services at any time without any notice to You. The current version of these Terms can be viewed by clicking on the "Terms of Use" link posted on the Website/Application. You accept the Terms by using the Services and any changes made to these Terms by continuing to use the Services after We post the changes.

Definitions

(a) "Account" refers to the account of the User, the use of which shall provide access to certain Services.

(b) "Applicable Laws" shall mean any statute, law, regulation, ordinance, rule, judgment, order, decree, by-law, approval from the concerned authority, government resolution, order, directive, guideline, policy, requirement, or other governmental restriction or any other similar form of decision thereof, or determination by, or any interpretation or adjudication having the force of law of any of the foregoing, by any concerned authority having jurisdiction over the matter.

(c) "Content" shall mean the information, data, products, services, and documentation made available as part of the various Services.

(d) "Credentials" shall mean evidence of achievement, ability, attainment, authenticity, compliance, completion, eligibility, entitlement, experience, identity, membership, qualifications, title, or other attributes, qualities, or traits.

(e) "Fraudulent Order(s)" shall mean orders placed by User(s) to deceive Boito and gain undue benefit, including but not limited to bulk orders placed for commercial resale and orders placed by way of a technological glitch, loophole or any other malpractice.

(f) "Intellectual Property Rights" shall mean and include all patents, patent applications, business processes, data rights, copyrights, trade names, trademarks, designs, trade secrets, know-how, Integrated Circuits, or any other intellectual property rights, whether registered or unregistered, arising or enforceable under the Indian law or the law of any other jurisdiction.

(g) "Optional Tools" are third-party applications or resources provided by external entities, distinct from the Website and Boito.

(h) "Personal Information" shall refer to any information that relates to an identified or identifiable individual, which includes full name, contact number, email ID, country, nationality, organisation, and designation.

(i) "Product(s)" shall refer to the products offered on the Website.

(j) "Registered Proprietor" means any association of persons or producers or any organisation, entered in the Register as proprietor of the Geographical Indication.

(k) "Services" shall refer to the services offered in relation to the Products.

(l) "Service Provider" means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, provide the Service on behalf of the Company, perform Services related to the Service, or assist the Company in analysing how the Service is used.

Consent

1. By accessing, registering, and/or using the Website, You acknowledge that You will be bound by the Terms for availing any of the Services offered by Us. If You do not agree to any part of the Terms, please do not continue to use or access the Website or avail the Services.
2. If You are below the age of 18 years, please do not use the Website. By accepting the Terms, registering, and accessing the Website, You hereby represent and warrant that You are over the age of 18 years, and You have the legal right, authority, and capacity to be bound by the Terms and avail the Services.

User Registration

You may be required to register to use some of Our Services. You agree to keep Your Credentials confidential and will be responsible for all use of Your Account and password. We reserve the right to remove, reclaim or change a username You select if We determine, in Our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Use of Boito

1. The Website, including the Services therein, can be accessed or used by You solely for legal purposes that are permitted by these Terms.

2. It is Your responsibility to review all terms and conditions made available on the Website and comply with them.

3. In order to access the Website, the User is not required to sign up. However, to purchase Our Products, You are required to sign up/register through the Website and log in for subsequent use.

4. You agree to provide true, complete, and accurate information when You sign up/register on the Website or use the Website to avail the Services. You agree to update Your account and other Personal Information as necessary promptly.

5. We take no responsibility for the authenticity or correctness of the Personal Information provided by the User.

6. You acknowledge that the Information You upload on the Website does not violate or infringe any third-party Intellectual Property Rights or otherwise invasive of any other person's privacy.

7. You agree not to add or share any third person's Personal Information without their prior consent or approval.

8. You agree to immediately notify the Company of any actual or suspected use of Your Account. While Boito employs robust security measures, including data encryption, You acknowledge the inherent risks of online activities and agree to cooperate with Us in maintaining a secure environment. The Company shall not be responsible for such unauthorised use of Your account, and any loss of information or Content caused to You or the Company shall be solely your liability.

9. We do not take any responsibility for any Information that you have shared with us, except to the extent of maintaining reasonable security as per these Terms and Privacy Policy.

10. You agree not to access the Website to monitor its performance, availability, or functionality or for any other benchmarking or competitive purposes.

General Restrictions on Use

Your use of the Services on the Website shall be subject to the following restrictions:

You agree not to impersonate any person or falsely state or otherwise misrepresent Your affiliation with any person.
You shall not attempt to decode, reverse engineer, decompile, or extract the source code or other proprietary information of the Website.
You shall not abet or aid or attempt to, whether directly or indirectly, gain unauthorised access to Boito's accounts, computer systems, servers, clouds, or networks connected thereto, through hacking, password mining, or any other means.
You are not authorised to frame, scrape or mirror the Website or materials or pages contained therein on any other website, web page, or any other server.
You shall not use any automated systems to copy, access, acquire, transfer, or monitor any part of the Services offered herein, or create Your own collection, compilation, database, or directory of such data without written permission from Us.
You agree not to carry out any unlawful, unauthorized or illegal activities on the Website that would cause damage, embarrassment, or adverse publicity to Us or any third party.
You shall not circumvent, decrypt, remove, reverse engineer, or otherwise interfere or alter with the usage rules or circumvent any digital rights management features associated with the Information, or alter, modify, or remove any proprietary notices (including copyright notices), or any other technologies used to control the access to or use of the Information or its identifying information.
You agree not to upload any content that contains any elements that are hateful, racially, or ethnically objectionable, unlawful, or disparaging in any manner whatsoever. You are not to upload or share any information that is false, misleading, libelous, blasphemous, defamatory, pornographic, obscene, harassing, or contains graphic videos or images.
You shall not post, upload, display, or share any content or information that contains software viruses or other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of Our Website or any page/features thereof.
You shall ensure that no portion of the information you provide or Your use of the Website is in violation of any laws, rules, or regulations in force.
You shall not trick, defraud, or mislead Us or other users, especially in any attempt to learn sensitive account information such as user passwords.
You shall not use the Services in a manner inconsistent with any Applicable Laws or regulations.
You shall not use the Services as part of any effort to compete with Us or otherwise use the Services or the content therein for any revenue-generating endeavour or commercial enterprise.
You shall not use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use or enjoyment of the Website.
You shall not transfer, sell, sublicense, monetise, or make the functionality of the Services available to any third party.

Termination and Suspension of Accounts

If it is found that You are in violation of the Terms of Use, including violation of the general restrictions of use highlighted above and valid use as laid down herein, You shall be notified of such violation and after a reasonable period, the Account shall be terminated or suspended as the case may be.

Violation of the Terms includes, but is not limited to:

Misuse of the Services, such as attempting to access unauthorised data, engaging in spamming or phishing, or uploading illegal content.
Breaching any of the General Restrictions on Use outlined in the Terms of Use.
Providing false or misleading information during registration or use of the Services.
Infringing on the Intellectual Property Rights of Boito or any third party.
Engaging in fraudulent or illegal activity through the Services.
Harassing, threatening, or abusing other users or Boito staff.
Repeatedly failing to comply with Boito's instructions or requests.

Consequences of termination:

Upon termination of Your account, You will lose access to all of the Services, including any stored credentials.
After a reasonable period, We may, at Our sole discretion, delete all of your data associated with Your account after a certain period.
You will continue to be liable for any pending charges incurred prior to the termination or suspension of Your account.

In the event of such suspension or termination, You are free to appeal against such suspension/termination by submitting an email to our Data Protection Officer at cs@boito.in, who will then examine Your appeal, and decide upon the merits of the case.

Intellectual Property

The Website contains design, outline, layout, concept, look and feel, arrangement, functionalities script, styles, text, images, videos, audios, photos, illustrations, notifications, software, source code, object code, and all material or content that are part of the Services offered, which is the sole and exclusive property of the Company and all rights, titles, and interests, including Intellectual Property Rights therein belong to the Company.
All trademarks and domain names pertaining to Boito or any other trademark, or tradename of the Company mentioned on the Website, are the Company's intellectual property or licensed for the Company.
All Geographical Indications ('GI') mentioned on the Website, which are applied to Products provided by Us, are owned by their respective owner(s). A GI tag is used to identify a product as originating from a specific geographic location, where a particular quality, reputation, or characteristic is essentially attributable to its geographical origin. We are committed to respecting and upholding the rights associated with all products provided by Us.
For the purpose of the Products, Boito may use textiles and/or any other product that are protected with GI tags, and You acknowledge and agree not to reproduce or duplicate the Product and safeguard the Intellectual Property Rights associated with that Product.
The User acknowledges that all rights, titles, interests and intellectual property in any Products or Services of the Company (except the GI tagged textile/product, if any, which is the sole property of the Registered Proprietor), is the sole and exclusive property of the Company and any Intellectual Property Rights therein, including patents, copyrights, or designs, belong to the Company.
We adhere to all applicable regulations and legal requirements concerning the protection of Geographical Indications and other intellectual property used or licensed by Us.
The Company is the owner/right holder of any content uploaded on the Website and reserves the right to add, modify, alter, delete, or remove any content on the Website without any prior notice to you.
Any Intellectual Property Rights that are not expressly granted are unconditionally reserved with the Company.
You may download and access the contents on the Website only on a temporary basis and solely for the purposes of viewing such information. You are not authorised to use, copy, modify, or reproduce the contents of the Website in any manner not specifically authorised by the Company. Any such unauthorised use for commercial purposes or otherwise by the User shall constitute a violation of the Company's intellectual properties, and the Company reserves its rights to initiate all necessary legal remedies available under Applicable Laws accordingly.

Privacy Policy

All Information shared or disclosed by You while accessing, downloading, or using the Website shall be governed by our Privacy Policy, which forms part of these Terms and is provided here.

Third-Party Links

The Website may contain third-party links to websites, images, photos, content, and advertisements, that are not managed or controlled by Us. We do not endorse or take any responsibility or liability, either directly or indirectly, in relation to your use or access to Content, advertising, goods or services, or information made available on such third-party links.
We recommend that You carefully read and understand the terms of use and privacy policies of these third-party websites and the goods/services they offer.

Optional Tools

We may provide You with access to Optional Tools over which We neither monitor nor have any control or input. You acknowledge and agree that We provide access to such Optional Tools 'as is' and 'as available' without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to Your use of Optional Tools.
Any use by You of Optional Tools offered through the Website is entirely at your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services/products and/or features through the Website (including the release of new tools and resources). Such new features and/or services/products shall also be subject to these Terms.

Disclaimer of Warranties

The content on the Website, including Services offered therein, is provided on an "as is" and "as available" basis, and the Company neither assumes any responsibility nor provides any representations or warranties of any kind, including but not limited to, implied warranties of non-infringement, quality, security, fitness for a particular purpose, accuracy, compatibility, timeliness, deletion, mis-delivery or failure to store any user information, communications, personalisation settings. The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at Your own risk.
The Website may contain certain historical information. Historical information is necessarily not current and is provided for your reference only. We reserve the right to modify the contents of the Website at any time, but We have no obligation to update any information on the Website. You agree that it is Your responsibility to monitor changes to the Website.
It is hereby expressly clarified that We make no representations or warranties, assurances, or guarantees, whether express or implied, with respect to quality, accuracy professional qualifications, or expertise in relation to the Services offered to You or other information provided to You on the Website. In no event shall we be responsible to You or anyone else for the decision You made or the actions You have taken by relying on such information.
We do not assume any responsibility or liability in relation to any inaccuracy in data or information recorded by Us to offer the Services on the Website.
The Products, being handmade garments and accessories, may not possess the exactness of finish and appearance as seen on the Website. Boito disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the User.
The Company does not guarantee to prevent unauthorised access if You lose Your login credentials, or the Account is otherwise compromised.
Your use of the Website is at Your sole risk, and We do not assume any responsibility for any damage to your systems, devices, networks, or loss of data or content that results from the use of the Website.
You acknowledge and accept the usual risks that may arise while using the Internet. We do not assume any liability caused to you due to the loss or damage resulting from your access or use of the Website, which may have been infected with malware or viruses or maliciously corrupted.
We do not recommend or endorse the information or content found in any Services and hence, disclaim any liability with regard to the Services offered herein. You agree to waive any claims or disputes against us in relation to any claims or disputes that arise during Your use of the Services, and to the extent that such waiver is not applicable, You agree to release all claims against Us relating to the same.
We take no liability or responsibility in relation to any injuries, losses, damage, or expenses incurred by Users as a result of any disclosure made by Us while offering the Services, where the User has expressly or implicitly consented to the same, by agreeing to avail the Services and by accepting the said Terms read along with the Privacy Policy.
We disclaim all warranties, whether express or implied, specifically, we make no warranty regarding (i) the capacity/aptness of this Website/Application or the Services to meet Your requirements, (ii) the accuracy or correctness of Your Information or other Users' on the Website/Application; (iii) the quality of the Services, including that the Information or notifications provided would meet the expectations of the User; (iv) any Content posted, uploaded, shared, transmitted, or received by or on behalf of any User or other person on or through the Website/Application (v) the nature of any user access, that it may be uninterrupted, timely, secure or error-free; (vi) any errors or bugs in the Website/Application will be corrected; (vii) the compatibility of the Website/Application with all networks or devices, (viii) any unauthorised access to or alteration of your transmissions or data (ix) security and privacy of your personal data and content, (x) the provision of any updates or upgrades to the Website/Application and (xi) any other matter relating to the Website/Application or the Service.
We control and operate the Website from India and make no representation that the materials and the content available on the Website are appropriate to be used or will be available for use in other locations outside India. If you use the Website from outside India, you are entirely responsible for compliance with all applicable local laws. These Terms of Use do not constitute, nor may these Terms of Use be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorised or to any person to whom it is unlawful to promote or solicit.
You are solely responsible for the information or content that You choose to provide and submit on the Website, and We disclaim all responsibility with respect to any such information or content provided to Us. You hereby represent and warrant that You are fully entitled under law to upload the information or content uploaded by You as part of Your profile [You cannot provide information about anyone else but yourself] or otherwise while using the Services, and no such content breaches any third-party rights, including Intellectual Property Rights or the right to privacy. Upon becoming aware of a breach of the foregoing representation, we may modify or delete parts of Your profile information at Our own discretion with or without notice to you.

Errors, inaccuracies, and omissions

Occasionally there may be information on the Website or in the Services that contain typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after You have submitted Your order).
We undertake no obligation to update, amend, or clarify information on the Website, in the Services, or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website, in the Services, or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Cancellation Policy

In case a product's actual price is higher than the price provided on the Website, at the time of placing Your order, or if an order has been placed and such Product is unavailable, We shall cancel the order and notify You of such cancellation. Any amount paid by You in respect to the cancelled product order will be credited to the same payment mode by which the payment was made.
In case Boito has reasonable suspicion that any order is a Fraudulent Order, We may cancel such order at any stage before Product delivery. We reserve the right to cancel pending and future orders, without any liability, on account of detecting any suspicious activity.
If a refund is due for cancellation of the order, in respect of the scenarios specified above, the refund shall be made at the same issuing bank from where the transaction price was received, or through any other method available on the Website, as chosen by You.
We do not facilitate business-to-business transactions between sellers and business customers. You are advised to refrain from transacting on the Website if You intend to avail the benefits of input tax credit.

Payment Policy

You agree to pay the price displayed for the Products on Our Website, at the time of placing the order. All payments shall be non-refundable unless mentioned otherwise in the Terms of Use herein.
As per the tax regulations in India, it is mandatory to submit a copy of Your PAN card for an order value greater or equal to INR 2,00,000/- with payment modes such as Debit/Credit card, Net banking/UPI/Wallets.

Pricing Policy

In case of mispricing, despite Our best efforts, a small number of the many items in Our catalogue might be mispriced. However, We verify prices as part of Our dispatch procedures. If a Product's price is lower than the price provided on the Website at the time of placing Your order, We shall charge the lower amount and dispatch the Product, while providing a refund in case an additional amount has been paid in respect of the Product. If a Product's price is higher than the price provided on the Website at the time of placing Your order, We will cancel Your order and notify You of such cancellation.

We strive to provide You with the best value for the Products. However, sometimes, the price for Our Products may not match the price in an exhibit in Your particular geographic region and exhibit pricing may sometimes differ from online prices. Prices and availability are subject to change without notice.

Shipping Policy

All aspects of shipping and delivery will be governed by our Shipping Policy, which forms part of these Terms and is provided here.

Returns/Refunds & Exchange Policies

The returns/refunds and exchanges in relation to the Products ordered from the Website, will be governed by our Refund & Exchange Policy, which forms part of these Terms and is provided here.

Limitation of Liability

The Company shall not be liable for any direct, indirect, special, consequential, incidental, or exemplary damages, including but not limited to, damages for loss of profits, data, goodwill, use, or other intangible losses, that result from Your use or inability to use the Website, or the Services offered therein. Furthermore, You are responsible for complying with your local, national, or international laws while accessing the Services and We are not responsible for Your breach of the laws that are applicable to you if You use the services in a manner that is unintended by Us.

Indemnity

You agree to indemnify, defend, and hold harmless the Company, its subsidiaries and affiliates, and their employees, representatives, partners, officers, and agents, from any and all third-party claims, damages, costs, losses, and liabilities, including reasonable attorneys' fees and expenses, arising out of or in any way connected with:

Your use of the Boito website and services;
Your breach or alleged breach of these Terms of Use or any Applicable Laws or regulations;
Your violation of any third-party rights, including intellectual property rights, privacy rights, or publicity rights;
Any Content you upload, post, or transmit through the Boito website or services; or
Any misrepresentation made by you in connection with your use of the Boito website or the Services therein.

We shall indemnify, hold harmless, and at Your option, defend You, your affiliates, and Your officers, directors, employees, and agents from and against losses resulting from any third-party claims, suits, proceedings, actions, or demands arising from Our material breach of this agreement.

Survival

Your obligations under this indemnification section shall survive the termination of these Terms of Use and Your use of the Website.

Changes to the Terms

From time to time, we may change, modify, or add to the Terms or the Services that we offer therein without prior notice to You. You are required to occasionally revisit the Terms and update Yourself accordingly. By continuing to use the Website or the Services therein, You agree to be bound by the amended Terms.
We may, at our sole discretion, suspend the operation of the Website, wholly or in parts, at any time, without any prior notice.

While the Website is currently available for free, the Services' Terms of Use may be amended such that the Services or the access to use the Website may be subject to certain charges. We reserve the right, at any time, to limit the availability of the services through the Website or any other features therein to any geographic area or jurisdiction without any prior notice.

Severability

In case any one or more of the provisions contained in the Terms shall, for any reason, be held to be unenforceable, invalid, or illegal, in any respect, such invalidity, illegality or unenforceability shall not affect the other provisions of these Terms, and the Terms shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

Waiver

No waiver by us of any breach or default by you hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. No waiver will be of any force or effect unless made in writing.

Governing Law & Arbitration

The Terms and the interpretation of these Terms are governed by and construed in accordance with the laws of India. The competent courts at Bengaluru, Karnataka shall have exclusive jurisdiction over any claims, disputes, or any other matter arising from or in relation to these Terms. Nothing herein shall preclude Boito from seeking and obtaining from a court of competent jurisdiction appropriate equitable relief, including, without limitation, an order of specific performance, a temporary restraining order, or other injunctive relief, to prevent a breach of these Terms.

Contact Information

If the User has any queries concerning the Website, the Products and Services, or these Terms, You may contact us at cs@boito.in.

The Terms of Use was last updated on 16/02/2024.