Terms of Service

Last updated: 2020-11-02

  1. Introduction

Welcome to https://bsnl.faboolus.com (“Company”, “we”, “our”, “us”. “ITL”)

The domain name www.bsnl.faboolus.com, including the related mobile website and mobile application as well as the portal (hereinafter referred to as (“Company”, “we”, “our”, “us”, “www.bsnl.faboolus.com”, “bsnl.faboolus.com”, “Website”) is owned and operated by M/s Intense Technologies Limited (henceforth referred to as “ITL”), a company incorporated under the Companies Act, 1956, with its registered office at A1, Vikrampuri, Secunderabad, Telengana, 500009, India.

 

This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Service for access or usage of www.bsnl.faboolus.com website-

 

For the purpose of the Terms of Service (hereinafter referred to as “Terms of Service”), wherever the context so requires, ‘you’ and ‘your’ shall relate to any natural or legal person or legal entity who has agreed to become a user, affiliate or merchant on the Website by providing registration data while registering on the Website using computer systems. The word ‘user’ shall collectively imply a buyer and any visitor on the Website.

 

Your use of the Website and the features therein is governed by the following terms and conditions including applicable policies available on the Website, notifications and communications sent to you on the Website which are incorporated herein by way of reference. If you transact on the Website, you shall be subject to the policies that are applicable to the Website for such a transaction. By mere use of the Website you shall be contracting with Faboolus.com, and these terms and conditions including the policies constitute your binding obligations to www.bsnl.faboolus.com.

 

When you use any current or future services provided by us through the Website you will be subject to the rules, guidelines, policies, terms and conditions applicable to such services and they shall be deemed incorporated into the Terms of Service and considered a part and parcel of the Terms of Service. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the Terms of Service at any time. We will notify you through any of the communication modes as mentioned in this Terms of Service in case of any changes or updates to the Terms of Service that materially impact your use of the Website.  Your continued use of the Website following the changes or updates will mean that you accept and agree to the revisions. As long as you comply with the Terms of Service, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Website.

 

ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT WITH ALL THE TERMS AND CONDITIONS UNDER THE TERMS OF SERVICE. PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting the Terms of Service, you also accept and agree to be bound by all of www.bsnl.faboolus.com policies applicable to you and displayed on Website as amended, from time to time.

 

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.

 

Your agreement with us includes these Terms, Reward Program policyDisclaimer and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them.

 

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at support@faboolus.com so we can try to find a solution. These Terms apply to all visitors, users, merchants and others who wish to access or use Service through website.

  1. 2. Terms

The website is a platform for communication of offers extended by merchants for BSNL subscribers. ITL is displaying these offers on www.bsnl.faboolus.com for bsnl subscribers. We would not be responsible or liable for any information displayed on the website you are directed to and we shall not bear any obligation or be liable for your purchase on the website you are directed to. 

You understand that this website has no responsibility or liability for all commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone on directed websites. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, return and refund policy, warranties related to products and services and after sales services related to products and services. www.bsnl.faboolus.com does not have any control or does not determine in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.

We do not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the directed Websites.

We are not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers on directed websites. We cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the directed Websites.

If you choose to purchase or use the offers on directed website www.bsnl.faboolus.com will neither be a party to nor in any manner concerned with such purchase of offer by you. We would not be liable for any act of omission by the merchants.

All queries in regard to your purchase of use of any offer would be handled by respective websites where you made such purchase.  

At no time shall ITL hold any right, title or interest over the products nor shall ITL have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers.

ITL is only providing this website for communication of offers and deals by third party merchants which is also available for BSNL subscribers. ITL does not warrant and guarantee that the offers are exclusively for BSNL subscribers only and that any other merchant or website is not providing any better offer.

Although this website would Endeavour to avoid any typographical errors on pricing on any product(s)/service or offer as is reflected on the website. We would not be responsible or liable for any incorrect information displayed due to some technical issue, typographical error.

You indemnify ITL and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the ITL and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, ITL cannot take responsibility or control the information provided by other Users which is made available on the Website.

By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at support@faboolus.com

  1. Reward Points

As part of service this website runs Reward program for BSNL Subscribers. As per Reward Program policy you may be granted reward points which you can use for redemption against displayed products and services on this website.

You understand that reward points cannot be redeemed on all products and offers displayed on this website. Award, redemption, expiry and revocation of reward points would be governed by Reward Program policy of this website.

You understand that we would not be responsible or liable for any reward points accrued, use or redemption by you on a merchant website which is not part of this website reward program network website as mentioned in this website Reward Program policy document.

  1. Contests and Promotions

Any contests or other promotions (collectively, “Promotions”) made available through Website may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

  1. Prohibited Uses

You may use Service of this website only for lawful purposes and in accordance with Terms. You agree not to use Service of this website:

  1. In any way that violates any applicable national or international law or regulation.
  2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
  3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
  4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
  5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
  6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

  1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
  2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
  3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
  4. Use any device, software, or routine that interferes with the proper working of Service.
  5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
  7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
  8. Take any action that may damage or falsify Company rating.
  9. Otherwise attempt to interfere with the proper working of Service.

 

 

  1. Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

  1. No Use by Minors

Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.

  1. Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

You agree to

  • immediately notify ITL of any unauthorized use / breach of your password or account and
  • ensure that you exit from your account at the end of each session.
  1. Intellectual Property

Website and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of M/s Intense Technologies Limited. Our trademarks may not be used in connection with any product or service without the prior written consent of M/s Intense Technologies Limited.

  1. Copyright Policy and Restrictions

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

All material provided on this website including all text, logo, designs, software, trademarks, graphics, audio, video, document are owned by this website or merchants or their partners. Providing you access to these the information or material in no way means providing you ownership of such information or material.

Website is controlled and operated by ITL and offers by respective Sellers, merchants for BSNL subscribers are displayed on the website. All material on Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on website is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of Our various Service. However, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable business purpose.

  1. Error Reporting and Feedback

You may provide us either directly at support@faboolus.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

  1. Links to Other Web Sites

Our Service contains links to third party web sites or services that are not owned or controlled by M/s Intense Technologies Limited.

M/s Intense Technologies Limited has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

  1. Disclaimer of Warranty

THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  1. Indemnity

You shall indemnify and hold harmless ITL, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

  1. Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using Service.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  1. Governing Law

These Terms shall be governed and construed in accordance with the laws of India, which governing law applies to agreement without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

  1. Jurisdiction

Disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, forum, and applicable authorities at Hyderabad

  1. Changes to Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

  1. Amendments to Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

  1. Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

  1. Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

  1. Contact Us

Please send your grievance, feedback, comments, requests for technical support by email: support@faboolus.com