TERMS OF USE

  • 1.General
    • 1.1.

      This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

    • 1.2.

      This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations and user agreement for access or usage of [www.blubirch.com] website and associated mobile application

    • 1.3.

      Your access and use of www.blubirch.com and Buyer App mobile application (together hereinafter referred to as the "Website") and its related sites, services and tools is governed by the terms and conditions as contained in this agreement applicable to the Website(hereinafter referred to as the "User Agreement"). This User Agreement shall come into effect upon access to the Website by the User.

    • 1.4.

      The Website comprises of an internet based portal and mobile application owned and operated by M/s Green Enabled IT Solutions Private Limited, a company incorporated under Companies Act, 2013 having its registered office at Bansashankari, Bangalore - 560 085, Karnataka, India (hereinafter referred to as “Blubirch”).

    • 1.5.

      Use of the Website is strictly meant only for business to business (b2b) transactions

    • 1.6.

      The use of the Website and services provided herein through is offered to you conditioned on your ‘acceptance’ of all the terms, conditions and notices contained in this User Agreement. Upon "acceptance", this User Agreement shall be effective and binding upon you along with any amendments made by Blubirch at its sole discretion and posted on the Website and you shall not claim invalidity of this User Agreement merely on the grounds that this User Agreement is being concluded electronically.

    • 1.7.

      For the aforesaid purposes, 'acceptance' shall mean your affirmative action in clicking on 'check box' and on the 'continue button' as provided on the registration page or clicking on 'Buy Now' button while transacting as Guest User or any act which reflects your use of the Website or the services provided by the Website or any such other actions that implies your acceptance.

    • 1.8.

      Your use of the Website implies that you agree with the terms of the User Agreement in entirety. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and other terms and policies as displayed on the Website, please do not click on the "check box" and/or on the "continue" button and/or "Buy Now" button and do not seek to obtain access to or otherwise use the Website.

    • 1.9.

      For the purpose of this User Agreement, Registered User / Guest User and wherever the context so require '“you”, “your” shall mean any natural or legal person who is accessing the Website, its contents and using the services offered on or through the Website and has agreed to become a user / member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as Registered User / Guest User using the computer systems of the Website and accepted this electronic version / electronic record of the User Agreement and has allocated himself/herself a unique identification user name ("User ID" and "Password") to become Registered User or have been identified as Guest User by providing phone number and email id. Further, reference to “we”, “us”, “our” and “Blubirch” shall mean M/s Green Enabled IT Solutions Private Limited and includes its associates, affiliates and subsidiaries.

    • 1.10.

      When you use any of the services provided by us through the Website, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this User Agreement and shall be considered as part and parcel of this User Agreement. We reserve the right, at our sole discretion, to change, modify, add or remove portions of the User Agreement, at any time without any prior written notice to you. It is your responsibility to review this User Agreement periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with the provisions of this Agreement, we grant you a non-exclusive, non-transferable, limited privilege to enter and use the Website.

    • 1.11.

      By accepting this User Agreement, you also accept and agree to be bound by various rules and policies as available and provided on the Website from time to time.

  • 2. Transaction Eligibility
    • 2.1.

      Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not purchase or bid for any items on the Website. You represent that you are duly authorized to accept this User Agreement and you have the authority to bind your business entity to this User Agreement. Blubirchreserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.

    • 2.2.

      If you are transacting as a Guest User, there could be certain restrictions on you as a Guest User for your purchase and the other functionality of the Website available to you. As a guest user, you will not be eligible for all other benefits that are not assignable to a non-registered user.

    • 2.3.

      Membership on the Website is free. Blubirch does not charge any fee for browsing and buying on the Website.

  • 3. Your Account and Registration Obligations
    • 3.1.

      If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. If you use the Website as a Guest User you are responsible for maintaining the confidentiality of your email ID and phone number and restricting access to your computer, computer system and computer network. You are responsible for all activities that occur under your User ID and Password (if registered) or email id and phone number (if Guest User) as the case may be. Also as a Guest User, you shall ensure the physical security and possession of your computer system, the details of which are used to transact services on the Website.

    • 3.2.

      You agree, inter alia, to: (i) provide true, accurate, current and complete information about yourself as prompted by Website’s registration form or provided by you as Guest User (such information shall hereinafter be referred to as the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times; (iii) immediately notify us of any unauthorized use of your User ID and Password or any other breach of security, and (iv) ensure that you sign out / exit from your account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete or if Blubirch has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Blubirch shall have the right to indefinitely suspend or terminate or block access of your use with the Website and refuse to provide you with access to the Website.Blubirch shall not be liable for any loss or damage arising from your failure to comply provisions of this User Agreement.

    • 3.3.

      By registering on the Website and / or by providing us with the Registration Data, including your email id., and mobile number to us, you agree and consent to receiving from us, communications with respect to products, transactions and other business related information,through physical and electronic means including phone calls, emails and SMS notifications.

    • 3.4.

      When you use the Website or send emails or other data, information or communication to Blubirch, you agree and understand that you are communicating with Blubirch through electronic records. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website or through any other means. You agree that all the agreements, notices, disclosures and other communications that we provide to you electronically shall be deemed adequate service of notice/electronic record and satisfy any legal requirement that such communication be in writing

  • 4. Use of the Website
    • 4.1.

      “Your Information” is defined as any information you provide to us or other users of the Website ("Users") in the registration (as Registered User or as Guest User), buying, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act only as a passive conduit for your online distribution and publication of Your Information.

    • 4.2.

      Please note that in accordance with the Information Technology (Intermediaries Guidelines) Rules 2011, in case of non-compliance with rules and regulations, user agreement and privacy policy, for access or usage of intermediary computer resource, the Intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of Intermediary and remove non-compliant information.

    • 4.3.

      In terms of Information Technology (Intermediaries Guidelines) Rules, 2011, you agree and undertake that you shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:

      • belongs to another person and to which You do not have any right;
      • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
      • harm minors in any way;
      • infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
      • involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
      • violates any law for the time being in force;
      • deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
      • impersonate another person;
      • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancel-bots, easter-eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
      • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
      • is false, inaccurate or misleading;
      • links directly or indirectly to or include descriptions of items, goods or services that are prohibited under the User Agreement or any other applicable law for the time being in force.
    • 4.4.

      Blubirch shall have the right to use Your Information as provided by you and such usage of your information by us does not amount to violation of any rights you might have in Your Information. You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information.

    • 4.5.

      You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules made there under as applicable and as amended from time to time and also all applicable laws, rules and regulations.

    • 4.6.

      You understand and agree that certain content on the Website may be third party generated content. Blubirch neither originates nor initiates such transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. Blubirch has no control over the third party user generated contents and does not provide any guarantee with respect to any such content and Blubirch shall not be held liable for any loss suffered by you based on your reliance on or use of such data/content.

  • 5. Transactions on the Website
    • 5.1.

      The sale – purchase of the products shall be executed strictly as per the terms and conditions on the Website and description of the product and terms of sale mentioned on the Website.

    • 5.2.

      We have made every effort to display the description of our products that appear on the Website as accurately as possible.Blubirch holds no warranty regarding the quality, merchantability, service of products.

    • 5.3.

      Blubirch is seller of the Products on the Website. The Products being sold by Blubirch are on an ‘as is’ basis. Blubirch does not make any representation or warranty as to the attributes (such as quality, worth, marketability, merchantability, fitness for any purpose etc.) of the products proposed to be sold or offered to be sold or purchased on the Website.

    • 5.4.

      The commercial / contractual terms including without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties and after sales services related to goods, if any, shall be strictly adhered to by the buyer

    • 5.5.

      Title to all the products shall remain with Blubirch unless the User buys the product and makes the payment for the same.Notwithstanding anything, once the products have been shipped from warehouse or handed over to buyer the risk of goods transfers to buyer.

    • 5.6.

      All purchases on the Website are a firm commitment to purchase. If you are the purchaser for any item, you are obligated to complete the transaction.

    • 5.7.

      By purchasing an item you agree to be bound by the conditions of sale included in the item's description (or linked to from the description) so long as those conditions of sale are not in violation of the User Agreement or unlawful

    • 5.8.

      The retail prices of the products mentioned on the Website are identified by Blubirch on a best effort basis from various third sources and Blubirch does not guarantee correctness of such retail price. You are advised to independently verify the retail prices of such items if you so desire.

    • 5.9.

      You acknowledge and undertake that you are accessing the products 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. The products are being sold on an ‘as is’ basis and Blubirch shall not be responsible for any defects or damages to the products which have already been disclosed on the Website prior to sale. Blubirch shall not be liable or responsible for any actions, or inactions or any breach of conditions, representations or warranties by the manufacturers of the products and hereby expressly disclaim any and all responsibility and liability in that regard.

    • 5.10.

      Blubirch strongly advises you not to test the Website with false purchases, as it will put you at substantial personal legal risk. It is an offence to use a false name, other false information or a known invalid/ unauthorized credit/ debit/ cash card and such other infrastructure directly through bank or financial institution infrastructure or indirectly through payment aggregator. Wilfully entering erroneous or fictitious bids may result in legal action.

    • 5.11.

      Please note that in the event any inaccurate information is provided by you regarding your identity, your web browser transmits a unique address to us, which can be used by law enforcement officials to identify you.

    • 5.12.

      In case of purchase of any product which is marked as "non-exportable" on the Website or it is illegal to export the same, you agree that the product shall not be exported out of India or otherwise dealt in any such manner which shall be in contravention of any law for the time being in force or any rules, regulations, notifications and orders passed there under.

    • 5.13.

      Once a bid is placed for any lot, the buyer shall be obliged to fulfil and complete the transaction if the lot is offered to it, within 72 hours of bid closure (excluding bank holidays). If the buyer fails to meet his obligation, Blubirch has the right to block the buyer temporarily or permanently from the Websiteat its sole discretion.

    • 5.14.

      In case of mismatch in manifest and corresponding lot exceeds 4% (by value), then Blubirch at its sole discretion can either: (i) Adjust the lot price based on fair market value (as assessed by Blubirch)of missing items or items with incorrect grade; or (ii) cancel the complete bid.

    • 5.15.

      Access to the Website may be disrupted due to disruption in the networks. Blubirch will not be responsible in issues arising out of disruption.

  • 6. Payments

    Blubirch uses third party payment providers to receive payments from buyers. Blubirch is not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues. Blubirch takes utmost care to work with 3rd party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.

  • 7. Cancellation by Site / Customer

    Once you place the order for purchase of a product, you shall not be entitled to purchase it. Once a bid is made by you, you shall be obliged to fulfil and complete the transaction if your bid is successful. If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the Website, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.

  • 8. Return & Refunds

    Blubirch endeavours to ensure that the products you buy from our Website are genuine, authentic, at the best prices possible. We also extend all the warranties, guarantees, wherever available, as entailed in the product by us to you, all this at a great price and with the best customer service in the industry.

    We do not entertain any returns for products purchased on the Website under any circumstances. However, if there is difference between lot received and manifest and such difference exceeds 4% of the lot value, then the Buyer shall be entitled to notify the Blubirch customer service at 080-26711673/4/6. In case the claim of the buyer is found to be genuine, the buyer shall be entitled to compensation equivalent to the value of shortfall determined by Blubirch.

    If Blubirch has suspicion or knowledge, that any of its members are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Blubirch may, while reserving its rights to initiate civil and/or criminal proceedings against such member, also at its sole discretion suspend, block, restrict, cancel the user id of Registered User and such necessary action against Guest User of such member and/or disqualify that member and any related members from availing protection through this program.

    Blubirch reserves its right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claim or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Blubirch may at its sole discretion suspend, block, restrict, cancel the user id [and its related user ids] of such user and/or disqualify that member and any related members from availing protection through this program.

  • 9. Breach

    Without limiting other remedies, Blubirch may limit your activity, immediately remove your information, warn other Users of your actions, temporarily / indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:

    • 9.1.

      If you breach the User Agreement or Privacy Policy or the documents, agreements rules, policies, terms and conditions as incorporated herein by reference;

    • 9.2.

      If Blubirch is unable to verify or authenticate any information provided by you; or

    • 9.3.

      If it is believed that your actions may cause legal liability for other Users or Blubirch. We may at any time at our sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with Blubirch or use the Website in any manner whatsoever until such time that such User is reinstated by Blubirch. Notwithstanding the foregoing, if you breach the User Agreement or any other documents it incorporates by reference, Blubirch reserves the right to take strict legal action against you.

  • 10. No Warranty

    Blubirch provides the Website "as is" and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your own risk.

  • 11. Limitation of Liability
    • 11.1.

      In no event shall Blubirch or its affiliates be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this agreement (however arising, including negligence).

    • 11.2.

      Blubirch's liability in any circumstance is limited to the amount of purchase consideration, if any, paid by you to Blubirch during the relevant transaction. Blubirch makes no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Blubirch assumes no liability whatsoever for any monetary or other damage suffered by you on account of: (i) the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; (ii) Any interruption or errors in the operation of the Website.

  • 12. Intellectual Property

    Blubirch expressly reserves all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the Website. Access to or use of the Website does not confer and should not be considered as conferring upon anyone any license to Blubirch’s intellectual property rights. All rights, including copyright, in and to the Website are owned by or licensed to Blubirch. Any use of the Website or its contents, including copying or storing it or them in whole or part is prohibited without the permission of Blubirch.

  • 13. Indemnity

    You agree to indemnify and hold harmless Blubirch and its shareholders, officers, directors, agents, and employees, from any losses, liabilities, damages, costs and expenses, claims or demand, or actions including reasonable attorneys' fees asserted against or incurred by Blubirch, made by any third party arising out of your breach or non-performance of terms of the User Agreement, Blubirch’s Rules and Policies, or the documents they incorporate by reference, or your violation of any law, rules or regulations or the rights of a third party.

  • 14. Privacy
    • 14.1.

      We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and Your Personal Information is one of our most important assets. We store and process Your Information on computers located in Noida at the data centres that are protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and rules there under. If you object to your Information being transferred or used in this way please do not use the Website.

    • 14.2.

      Your Consent: By using the Site and/ or by providing Your Information, you consent to the collection and use of the information you disclose on the Website by Blubirch in accordance with Blubirch Privacy Policy. You agree and acknowledge that you have read and fully understood the Privacy Policy and the terms and contents of such Privacy Policy as mentioned in the Website is acceptable to you.

  • 15. General
    • 15.1.

      None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Blubirch and you shall have no authority to bind Blubirch in any manner whatsoever.

    • 15.2.

      Severability: If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.

    • 15.3.

      Entire Agreement: This Agreement sets forth the entire understanding and agreement between you and Blubirch with respect to the subject matter hereof.

    • 15.4.

      Assignment: You cannot assign or otherwise transfer this User Agreement, or any rights granted hereunder to any third party. Blubirch may transfer its rights and obligations (also known as "assign") under this Agreement without your prior express consent, provided that Blubirch assigns the Agreement on the same terms or terms that are no less advantageous to you.

    • 15.5.

      Disputes Resolutions Generally, transactions are conducted smoothly on Blubirch. However there may be some cases where the Buyers may face issues. At Blubirch, we have a Dispute Resolution process in order to resolve disputes. It is important that before a Buyer raises a dispute, they should attempt to resolve the issue amicably.Whenever there is a disagreement relating to any transaction, the users can write to our Grievance Officer at grievances@blubirch.com in order to raise a dispute. Once a dispute is raised, Blubirch shall try to resolve the matter amicably.

  • 16. Arbitration

    If any dispute arises between you and Blubirch during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Blubirch. The place of arbitration shall be Bengaluru, Karnataka, India. The arbitration proceedings shall be in the English Language and shall be governed by Arbitration & Conciliation Act, 1996.

  • 17. Governing Law

    The User Agreement or the documents they incorporates by reference shall be governed and construed in accordance with the laws of India. Subject to Clause 16 above, all disputes arising under this Agreement between you and Blubirch shall be subject to the exclusive jurisdiction of courts at Bengaluru, Karnataka, India.