Welcome to www.3bo.in ("Website"). Please read the following terms and conditions very carefully as the use of the service is subject to your acceptance of and compliance with the following terms and conditions.
These Terms and Conditions (“Terms”), a legal agreement between Camellia Clothing Limited (hereinafter “We”, “Company”, “Us”) and the Users (defined below) , shall govern use of and access to <https:// www.3bo.in/> (the “Website”) for facilitating the sale and purchase of face masks and allied products (“Products”) made available through the Website.
"TERMS" - By browsing, subscribing to or using the website or any of our services in the website through any computer, mobile phone or tablet or any electronic gadget, you agree that you have read, understood and are bound by the Terms, regardless of how you use, subscribe to or use the services on the website. In these Terms, references to "you", "User" shall mean any person accessing the Website, its contents and/or using the Services offered through the Website, and "we", "us" “Company” and "our" shall mean Camellia Clothing Limited and 3bO™ - shall mean a brand that is owned and trademarked by Camellia Clothing Limited and its affiliates as defined hereunder.
(a) www.3bo.in is a website owned by Camellia Clothing Limited company incorporated under the Companies Act, 1956, having its registered office at 20, 3rd Main, KHB Road, Kaverinagar, RT Nagar Post, Bangalore- 560032, KA, India, hereinafter referred to as the "Company"/ “We”/ “Us” (which expression unless repugnant to the context shall include its successors and assigns)
(b) Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the website from time to time at our sole discretion. You reserve the right not to accept the terms & conditions or from registering on the Website without assigning any reason thereof.
(c) These terms and various other policies are binding upon you as per the provisions of the Information Technology (intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act of 2000.
2.ELECTRONIC COMMUNICATIONS :
2.1 Legal Satisfaction: when you visit the website or send emails to us you are communicating with us electronically.
2.2 Consent: By communicating with us, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. By signing up with us, you also consent to sign up for 3bO™ exclusive Loyalty Program, free of cost, as a limited period promotional offer.
3.1 Trade Marks: the domain www.3bo.in and the brands 3BO™, Deltoid™, and other marks indicated on our website are trademarks of the Company or its subsidiaries or affiliates.
3.2 Trade Marks: CeNSTech™, CeNSTech Logo are trade marks of CeNS - Centre for Nano and Soft Matter Sciences, Department of Science and Technology, Government of India.
3.3 Protected graphics: All website graphics logos, page headers, button icons, scripts and services names, trade names or trade dress of www.3bo.in or its affiliates or subsidiaries and the trade dress are all intellectual property or proprietary material that are owned by the Company or licensed to the Company and are not to be used by any User in connection with any product or services, whatsoever and in any manner that is likely to cause confusion amongst the customers or in any manner that disparages or discredits the website or the Company.
4. OWNERSHIP OF CONTENT ON THE WEBSITE:
4.1 All rights, title and interest including all intellectual property and proprietary rights in and to Website including the software, source code, software architecture, design, text, graphics, photographs, images, moving images, sound, digital downloads, data compilations, software and illustrations ("Content") vest in and are owned by Camellia Clothing Limited or its subsidiaries or affiliates or licensed to it by third parties including without limitation . Through your use of the website, by no means are any rights impliedly or expressly granted to you in respect of such Content.
4.2 The compilation of all the content in this website is the exclusive property of the Company and protected by applicable Indian laws. You shall not modify any of the materials and you shall not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website. You must not remove or modify any copyright or trademark notice, or other notice of ownership.
4.3 Modification of the material on the Website, use of such material on any other website or networked computer environment, or use of the materials for any purpose other than your personal and non-commercial use is a violation of our intellectual property rights and is prohibited.
5. WEBSITE USE RESTRICTIONS:
5.1 General: - The Company hereby grants you a limited, personal, non-transferable, non-assignable, revocable license to access and make use of this website and for your own non-commercial use to participate in the website or to place an order or purchase 3BO™ products.
5.2 No License for Commercial sale:- This license does not include any resale or commercial use of this website or its contents, any collections and use of any product listings, descriptions or prices any derivative use of this website or the content, any downloading or copying account information for the benefit of another merchant; or any use of any data mining, robots, scraping or similar data gathering methods /extracting tools.
5.3 No reproduction. This website or any portion of this website may not be reproduced, duplicated, copied sold, resold, visited or otherwise exploited for any commercial purpose without express written permission from the Company.
5.4 No Framing:- You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text layout or form ) of the website and our affiliates/subsidiary without our express written permission.
5.5 "Metatags" You may not use any metatags or any other" hidden text utilising the website's name or trademarks without express written consent of the Company. Any unauthorised use by You would result in us terminating the permission or license granted by Us to you to use the website.
5.6 Linking:- You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of the website as long as the link does not portray the Company, its affiliates or their products or services in a false misleading derogatory or otherwise offensive manner. You may not use any logo or the proprietary graphic or trademark as part of the link without express permission in writing.
6. ORDERS & PAYMENTS, DELIVERY, TITLE OF PRODUCTS & RISK OF LOSS AND RETURN POLICY:
6.1 You shall be eligible for Free Shipping for orders above ₹300; Standard Delivery Charges shall apply for orders below ₹299.
6.2 All orders placed through the website are subject to availability of the products listed on our website and subject to receipt of payment. This means that the Company may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without any liability thereof.
6.3 All payments shall be made online through a secure network/payment gateway as may be provided on the website which belongs to a recognised bank.
6.4 If your credit card has already been charged for an order that is later cancelled, the Company will issue you a refund.
6.5 All products purchases from the website are made pursuant to a shipment contract. This means that the risk of loss and title of such products shall pass to you upon our delivery to the end carrier. 6.6 Return policy: Company and its affiliates will attempt to be as accurate as possible. However, Company makes no warranty that the product descriptions and any other content on this site are accurate, complete or error-free. If the product offered by the website itself is not as described, your sole remedy is to return the product in an unused condition in conjunction with the return policy.
7 RETURNS AND EXCHANGE
You can exchange any order within 7 working days from the date of delivery by shipping it back to us. You will need to bear shipping charges. All exchanges must be unworn and unused. Customer care executive at (+91) 8884414001 or mail us at firstname.lastname@example.org
8 WRONG OR DAMAGED ORDER
While these cases are extremely rare, however, if you do receive a wrong or a damaged product, please ensure that you contact our customer care executive (+91) 8884414001 or mail us at email@example.com within 3 working days. Send in the product/s to:
Camellia Clothing Limited
20, 3rd Main, KHB Road,
Kaverinagar RT Nagar Post,
Bangalore- 560032, KA, India
9. USER ACCOUNT, PASSWORD, AND SECURITY AND MEMBERSHIP OBLIGATIONS:
9.1 In order to access and browse the Website you need not register and create an Account. If, however, you wish to purchase the Products offered on the Website, receive emails about your orders, special offers, events and new products and avail such other services available on the Website, then you may choose to register by creating an Account. The Account can be created manually by providing details such as your name, email address and by creating a password. When you register the details you enter on the registration form will be used by us to provide you with news, offers and discounts on products for sale, news and other information.
9.2 You agree to provide your real name, last name and accurate and truthful personal information including correct & a valid email address in your registration
9.3 You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.
9.4 You agree to indemnify us against any unauthorised use of your username and password, howsoever caused.
9.5 We reserve the right to modify the membership information you provide, as well as to delete, disable and/or restrict your account.
9.6 In order to be able to register yourself as a User, You represent and warrant to the Company that:
(i) You are not legally barred from receiving Services under the laws of the applicable jurisdiction,
(ii) You are at least eighteen (18) years of age or of legal age as per the applicable laws of your jurisdiction to enter into this Agreement;
(iii) this Agreement is binding and enforceable against you,
(iv) all the information provided at the time of registration is correct, verified and true and
(v) if you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity. We reserve the right to terminate your Account and refuse to provide you with access to the Website and Services therein if it is brought to our notice or if it is discovered that your representations and warranties as above are false/ misrepresented.
9.7 If you are a minor i.e. under the age of eighteen (18) years, you shall not access, use or create an Account on the Website and shall not seek to avail any Products and Services available on the Website, unless you are accessing the Website with parental guidance or guidance of a legal guardian. We reserve the right to terminate your Account 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 legally not competent to enter into a contract and are accessing the Website without parental consent and guidance or consent and guidance of a legal guardian. We will not be liable for any harm caused to you on account of any use of the Website without appropriate parental consent.
10. REVIEWS, COMMENTS, COMMUNICATIONS AND USER GENERATED CONTENT AND POSTING RULES & USER CONDUCT:
10.1 Nature of content: You may on the website post reviews, comments and other content; and other communications and submit suggestions, ideas or other information as per the posting rules enshrined in this agreement.
10.2 False Information: You may not use false email address, Impersonate any person or entity or otherwise mislead while you use the website. Company reserves the right to (but not an obligation) to remove or edit such content but does not regularly review the posted content.
10.3 Rights Granted: If you post the content or submit material and unless we indicate otherwise, you grant the Company a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify adapt, publish, translate, create a derivative work from, distribute and display such content throughout the world in any media. You grant the Company and its affiliates and sub-licensee' a right to use the name you submit in connection with such content if you choose.
10.4 Rights owned: You represent, warrant and certify that you are the owner of the content which you submit or are otherwise authorised to use the content and that the content does not infringe upon the property rights, intellectual property rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name, service mark, and copyright formerly or currently used by you on our website.
10.5 User Interaction Disclaimer: You are solely responsible for your interactions with other people, whether online or in person. Company is not responsible or liable for any loss or damage resulting from any interaction with other users, persons you meet through the website or persons who find you because of information posted on, by or through the website. You agree to take reasonable precautions in all interactions with other users on the website and conduct any necessary investigation before meeting another person. Company is under no obligation to become involved with any user dispute but may do so at its own discretion.
10.6 Company does not guarantee the website will be free from user-generated content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. Company is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any user-generated content or activities of users on the website. Even in the event, Company chooses to monitor any user-generated content, Company assumes no responsibility for, or any obligation to monitor or remove, such user-generated content. Company reserves the right to edit, remove or refuse to post any user-generated content or terminate your registered account for any reason.
10.7 Posting rules for user-generated content and user conduct: You agree not to transmit to any information or post, email, or otherwise make any submission of User Content that:
i. Is unlawful, harmful, threatening, abusive, harassing, defamatory, invasive of another's privacy, or is harmful in any way
ii. Depicts a human being engaged in actual sexual conduct. Pornographic/sexually explicit content
iii. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer
iv. That constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement
v. Violate any applicable laws or regulations for the time being in force in or outside India
vi. Violate, abuse, unethically manipulate or exploit, any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere.vii. Do not post any User Content, take any action or use the website in a way that violates any law, would create liability or promotes illegal activities. Do not take any action on the Website designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or the website. Do not post User Content that contains software viruses, programs or other computer code. Do not circumvent or modify any Website security technology or software. For the purposes of this clause 10, "user-generated content" or “user content” means communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you / users post or otherwise make available on or through the website, except to the extent content is owned by Company.
11. LINKS TO THIRD PARTY WEBSITE:
12. WARRANTY DISCLAIMER:
12.1 Company is not responsible or liable for any user-generated content or other content posted on the website or for any offensive, unlawful or objectionable content you may encounter on or through the website. The user-generated content, the materials and products on this Website are provided "As Is Where Is Basis " and without warranties of any kind except to the warranties as may be applicable on the products sold to you.
12.2 To the fullest extent permitted by law, Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Company cannot guarantee and does not promise any specific results from use of the website or its subsidiaries or affiliates.
12.3 Company does not represent or warrant that the website will be uninterrupted or error-free, that any defects will be corrected, or that this website or the server that makes the website available are free of viruses or anything else harmful. To the fullest extent permitted by law, Company does not make any warranties or representations regarding the use of the materials or content in the website in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise.
12.4 You understand and agree that you download or otherwise obtain Content at your own risk and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other devices in which you access the Platform, loss of data or other harm of any kind that may result. Company reserves the right to change any and all content and other items used or contained in the Platform at any time without notice.
12.5 YOU FURTHER AGREE THAT NEITHER COMPANY NOR ANY OF ITS AFFILIATES, ACCOUNT PROVIDERS OR OTHER SERVICE PROVIDERS WILL BE LIABLE FOR ANY HARM, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF COMPANY OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE WEBSITE;
(ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES,
(iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(v) STATEMENTS OR CONDUCT OF ANYONE ON THE WEBSITE;
(vi) MALICIOUS OR CRIMINAL BEHAVIOUR, OR FALSE OR FRAUDULENT TRANSACTIONS OR
(vii) TECHNICAL OR OTHER OPERATIONAL LAPSES ON THE WEBSITE OR
(viii) ANY OTHER MATTER RELATING TO THE PRODUCT(S) OFFERED ON THE WEBSITE.
13. LIMITATION OF LIABILITY:
13.1 COMPANY SHALL BE LIABLE TO YOU ONLY WHEN YOU PURCHASE PRODUCT/S THROUGH A COMPANY 3BO™ STORE OR THIS WEBSITE AND THE LIABILITY WILL BE LIMITED TOTHE EXTENT OF THE PURCHASE AMOUNT PAID BY YOU WHILE PURCHASING THE PRODUCT/S THROUGH THE WEBSITE. THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A COMPANY 3BO™EVENT OR ANY USER GENERATED CONTENT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST COMPANY FOR USE OF THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. THAT SAID IF COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, COMPANY’S LIABILITY SHALL BE EQUAL TO THE FEES PAID BY YOU FOR ACCESSING OR USING THE WEBSITE, IF ANY.
15.1 Company may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically.
15.2 Notwithstanding anything contained in the terms, these Terms will survive indefinitely unless and until Company chooses to terminate them.
15.3 If you or Company terminate your use of the Website or any Service, we may delete any content or other materials relating to your use of the Service and we will have no liability to you or any third party for doing so.
16. GOVERNING LAW:
16.1 The terms and conditions of enshrined in the website are governed and construed in accordance with the Laws of India.
16.2 Any disputes relating in any way to your visit or use of the website or the Products that you purchase through our website, you hereby irrevocably consent and shall submit to the exclusive jurisdiction of courts in Bangalore, Karnataka, India only. In the event you have violated or threatened to violate the Company’s Intellectual property rights in and to the website and the Content therein then in such cases, Company shall be entitled to seek injunctive or other appropriate remedies /relief in any courts within whose jurisdiction the infringement occurs.
17. WEBSITE POLICIES, MODIFICATION AND SEVERABILITY:
18. REPORT ABUSE:
18.1 As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to firstname.lastname@example.org
Last Updated on 14 August, 2020.
©Camellia Clothing Limited, 2020. All rights reserved