Terms & Conditions
Curry Cullture LLP, including its affiliates, associate/group companies and licensors welcomes you to its Platform (as defined below).
These Terms (as defined below) set out the essential terms and conditions that govern: (i) our relationship with you and clearly define and document our rights, responsibilities, and obligations; (ii) your access to and use of the Platform and the Services (as defined below) provided by Bowlcurry; and (iii) the actions, transactions, communications, and activities undertaken by you through the Platform or pursuant to the Services. These Terms are incorporated into and form part of the contract between you and us, including when you register yourself with us.
TERMS AND CONDITIONS
These Terms constitute an electronic record within the meaning of Applicable Law (as defined below) and do not require any physical or digital signatures. These Terms are published in compliance with, and are governed by, the provisions of Indian law, including but not limited to: (i) the Indian Contract Act, 1872; and (ii) the (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 and the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011.
The Platform is for adults or people who have attained the age of majority. As such we do not encourage minors to use the Platform. Subject to these Terms, use of the Platform and the Services is available only to Persons (as defined below) who can enter into legally binding contracts under Applicable Law and the Services are not targeted towards, nor intended for use by, anyone under the age of 18 (Eighteen) years or anyone who is disqualified or not competent to enter into a contract under the Indian Contract Act, 1872 or any other Applicable Law. By using the Platform or the Services, you represent and warrant that you are 18 (Eighteen) years of age or older and competent to enter into a contract. If you are under the age of 18 (Eighteen) years or the legal age of majority in your jurisdiction, your parent, or legal guardian must agree to these Terms on your behalf. Subject to the foregoing if you are not competent to enter into a contract for any reason whatsoever, you shall not, under any circumstances or for any reason, use the Platform or the Services. Further: (i) you must not be prohibited from using the Services under Applicable Law; and (iii) we must not have previously disabled your Account for violation of any Law or our Terms. We may, in our sole discretion, refuse to offer the Services to any Person and/or change its eligibility criteria at any time.
You are solely responsible for ensuring that these Terms are in compliance with all Laws applicable to you and the right to access the Platform and the Services is revoked where the Platform or the Services is prohibited or to the extent offering, or provision of the Platform and the Services conflicts with any Applicable Law.
The Platform is operated and controlled by us in India, and the Content provided on or accessible through the Platform is not directed to any other jurisdiction or country, including any jurisdiction or country where such distribution or use would be contrary to Law or that would subject Bowlcurry to any registration or other requirement within such jurisdiction. Access to the Platform or the Services from countries, territories, and jurisdictions where such access is illegal is prohibited.
If you are using the Services on behalf of an entity, company, or other organization/association, you represent and warrant that you: (i) have the authority to bind such entity, company, or organization/association to these Terms; and (ii) agree to be bound by these Terms on behalf of such entity, company, or organization/association.
If you are using the Services on behalf of any other Person (whether under his authority or otherwise), you represent and warrant that you: (i) have the authority to bind such Person to these Terms; and (ii) agree to be bound by these Terms on behalf of such Person.
Visiting, browsing, accessing, or using the Platform and/or the Services, including by creating an Account (as defined below) constitutes your unconditional acceptance and agreement to be legally bound by these Terms, whether or not you are a registered user you are agreeing to enter into a legally binding contract with Bowlcurry. If you do not agree to these Terms do not access or otherwise use the Platform or any of our Services. If you wish to terminate this contract at any time you can do so by closing your Account and no longer accessing or using our Platform and Services.
A minor may access and use the Platform if enabled by a parent or legal guardian. If you are considered a minor in your jurisdiction, you represent that you have your parent’s or legal guardian’s permission to use the Platform and the Services. Please have them read these Terms with you. If you are a parent or legal guardian of a minor in your jurisdiction, by allowing your child to use the Platform and the Services, you are subject to these Terms and responsible for your child’s activity on the Platform and the Services.
Bowlcurry reserves the right, at any time and from time to time, to amend, modify, revise, update, suspend, remove and/or otherwise change these Terms without prior notice to you. All such amendments and modifications shall take effect immediately when posted on the Platform. By continuing to access or browse the Platform or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms. For this reason, we encourage you to review these Terms whenever you access the Platform or use the Services. Be sure to read these Terms periodically to ensure familiarity with the most current version of these Terms. If you do not agree to any change to these Terms, you must immediately stop using the Platform and the Services.
Notwithstanding anything contained herein, we may, in our sole discretion, refuse to offer or suspend the Services to any Person for any reason.
DEFINITIONS AND INTERPRETATION
Definitions: In these Terms, the following words and expressions shall bear the meanings assigned to them below:
“Applicable Laws” or “Laws” means all applicable laws, statutes, enactments, acts of legislature or parliament, ordinances, judgments, decrees, injunctions, writs, rules, by-laws, regulations, notifications, circulars, guidelines, policies, directions, directives, demands conventions, orders, interpretations, licenses and/or permits of all Governmental Authorities of all relevant jurisdictions;
“Bowlcurry’s Content” means Content created and developed by Bowlcurry and its affiliates and licensors and published on the Platform;
“Bowlcurry’s Marks” means the trademarks, service marks, trade names, service names, brand names, brand marks, internet domain names, identifying symbols, logos, emblems, signs or insignia, owned by Bowlcurry and its affiliates and licensors;
“Bowlcurry’s Technology” includes the algorithms, software, hardware, code, technology, devices or other functional items, processes, systems, methods of operation, concepts, interfaces, web properties, communication pathways and/or protocols used by Bowlcurry to provide the Platform and the Services;
“Bowlcurry’s Trade Secret” includes the business idea, commercial secrets, commercial method, know how, compilation of information, practice, pattern, technology, programs, systems, processes, compositions, technological data, technological prototypes, sales methods, distribution methods, profiles, advertising and marketing strategies, and other proprietary information developed by Bowlcurry that: (i) provides Bowlcurry with a competitive and economic advantage; (ii) is treated by Bowlcurry in a way that can reasonably be expected to prevent the public or competitors from learning about it; and (iii) Bowlcurry actively makes efforts to maintain as a secret;
“Content” includes all data, information and material of whatsoever nature, in digital form or otherwise, including writings, texts, comments, statements, remarks, observations, feedback, opinions, views, thoughts, ideas, testimonials, tributes, tags, ratings, scripts, calligraphies, books, documents, presentations, reports, images, pictures, photographs, GIFs, videos, audio files, films, podcasts, graphics, interactive features, software, product portfolios, and drawing and design files;
“Firm” means Curry Cullture LLP;
“Force Majeure” means any event beyond the reasonable control of Bowlcurry including, but not limited to any act of God, act of governmental authorities, legislative changes, malicious third-party attacks on the Platform, electrical power fluctuations or failures, electrical or electromagnetic stress, environmental factors, failure of public utilities, labour unrest, hostilities between nations, war, riot, civil commotions, civil war, insurrection, blockades, import or export regulations or embargoes, national emergency, rainstorms, earthquake, fires, flooding, explosion or other exceptional weather conditions or natural disasters, acts of terrorism, accidents, sabotages, strikes, shortages in material or supply, destruction of service facilities, infectious diseases, epidemics, pandemics as well as travel restrictions or travel warnings due to any such events or any unforeseen change in circumstances;
“Government” or “Governmental Authority” means the union, state, local or other governmental authority exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government, or any other governmental authority or statutory authority, department, agency, commission, organization, board, tribunal, court and/or other entity authorized to make Laws;
“Losses” includes all losses, liabilities, damages, interest, penalties, claims, costs and expenses, including those arising out of or based upon or in relation to any judgment, award, settlement, and reasonable attorneys’ fees and other costs related thereto;
“Person” means any natural person, limited or unlimited liability Bowlcurry, corporation, partnership (whether of limited liability or unlimited liability), proprietorship, Hindu undivided family, trust, union, association, Government or any agency or political subdivision thereof or any other entity that may be treated as a person under Applicable Law;
“Platform” means Bowlcurry’s online platform https://bowlcurry.com/ and all other internet domains, mobile applications, widgets, and other downloadable applications developed, owned, operated and/or controlled by Bowlcurry and its affiliates/licensors, and branded or licensed exclusively under Bowlcurry’s Marks, whether now existing or hereinafter developed, or made available by Bowlcurry, through which Bowlcurry offers and provides the Services;
“Products” means the propriety food products developed, formulated and/or manufactured by Bowlcurry from time to time;
“Services” means the Products, services, Content, features, applications, tools, data, documents, and information offered, made available or enabled by Bowlcurry through the Platform (or through third party service providers featured on the Platform) from time to time, including the services described in Section 5 (Use of the Platform & Services) below;
“User” includes any Person visiting, browsing, accessing, and/or using the Platform and/or the Services; and
“User’s Information” includes any and all information (including profile information and information provided for creating an Account), data, and Content published, uploaded, posted, and/or saved by a User on the Platform.
The terms “Bowlcurry”, “we”, “our” and “us” refer to the Firm.
The terms “you” or “your” refers to a User.
Section headings are for convenience only and do not affect the construction or interpretation of any provision of these Terms.
References to Sections are references to the sections of these Terms.
In addition to the above terms, certain terms may be defined elsewhere in these Terms and wherever such terms are used in these Terms, they shall have the meaning so assigned to them.
Where a word or phrase is defined, other parts of speech and grammatical forms and the cognate variations of that word or phrase shall have corresponding meanings.
All references in these Terms to statutory provisions shall be statutory provisions for the time being in force and shall be construed as including references to any statutory modifications, consolidation, or re-enactment (whether before or after the date of these Terms) thereof and all statutory rules, regulations and orders made pursuant to a statutory provision.
Words denoting singular shall include the plural and vice versa and words denoting any gender shall include all genders unless the context otherwise requires.
The term “includes” or “including” shall be construed to mean without limitation.
All references to these Terms shall be deemed to include any amendments or modifications to these Terms, from time to time.
USE OF THE PLATFORM AND THE SERVICES
General: Our mission is to provide the best food products to our Users and Bowlcurry has adopted the same honest principles in crafting its Products. The Platform is intended to be for end-consumers desirous of purchasing the Products for self-consumption. Accordingly, subject to these Terms, specifically the disclaimers provided by Bowlcurry herein, the Platform enables the Users to conveniently purchase the Products listed on the Platform and Bowlcurry will directly, or through its delivery partners, enable delivery of such Products to the Users. The Platform serves as a direct to consumer (D2C) channel whereby Bowlcurry directly sells the Products to the Users. The Users can view the Products listed on the Platform and place online orders via the Platform. Your request to order the Products from the Platform shall constitute an unconditional and irrevocable authorization issued in favour of Bowlcurry to place online orders for the Products. Delivery of an order placed by you on the Platform shall be undertaken either directly by Bowlcurry or its delivery partners or through a third-party service providers who may be available to provide delivery services to you.
Products-Description & Pricing
All Product-related pictures are provided for indicative and reference purposes only. Original Products may vary from the indicative picture shown on the Platform and you should exercise due care to select the right Product during the ordering. The Products listed on the Platform are without warranties of any kind either expressed or implied and Bowlcurry disclaims all of them to the fullest extent. Please note that some of the Products may not be suitable for certain ages or to persons with certain health conditions. You should check the Product you are ordering prior to placing your order. We shall not be liable in the event the Products ordered by you do not meet your dietary or any other requirements and/or restrictions or causes any adverse effect.
The price of the Products displayed on the Platform shall be as determined by Bowlcurry and may be either equal to or less than the Maximum Retail Price (“MRP”) printed on such Products. Prices for the Products are subject to change without any notice.
You may be charged a shipping/delivery fee for delivery of your order, as determined by Bowlcurry, from time to time. Bowlcurry reserves the rights to revise the shipping/delivery charges from time to time at its sole discretion without any requirement to notify you of the same. The shipping/delivery charges may vary from order to order, which may be determined on multiple factors which shall include but not be limited to area serviceability, order value, distance, and time of the day. The shipping/delivery charge may or may not be discounted or removed on account of any voucher, discount or any promotional scheme. You will be shown the applicable shipping/delivery charge before checking out and finishing your order placement.
Any order made for a Product through the Platform may be subject to additional terms and conditions (including offers, discount and sales schemes/ campaigns offered from time to time, delivery charges) mentioned therein, which you are presumed to have read and accepted at the time of placing the order.
The User shall be liable for all applicable taxes with respect to Products, Services and any other services provided by the Company.
Bowlcurry reserves the right to modify or discontinue a Product (or any part or content thereof) without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance.
Ordering of Products
Our Services are available only at select jurisdictions and location. Please verify the same before placing an order. If we currently do not deliver to your area, but you would like us to, please let us know. We are expanding the reach of our Services, so we recommend that you create an Account, and we may notify you when we launch in your area.
You can place orders for the Products through your Account. While placing an order, you shall be required to provide certain details, including without limitation, contact number and delivery address. You agree to take particular care when providing these details and warrant that these details are accurate and complete at the time of placing an order.
Please note that completion of the online checkout process shall not constitute our acceptance of your offer to purchase Products and/or avail our Services. Our acceptance of your order is, inter alia, subject to our receipt of complete payment from you and availability of the Products with us.
Billing Terms & Conditions & Payment Services
The total price for the Products ordered, including taxes, delivery charges, and other charges, will be displayed on the Platform when you place your order, which may be rounded up to the nearest amount. Customers shall make full payment towards such Products ordered via the Platform.
All payments in respect of the Products shall be made to Bowlcurry through the Platform.
In respect of the order placed by you, Bowlcurry shall issue documents like order summary, tax invoices, etc. as per the applicable legal regulations and common business practices.
Shipping of Products
Orders placed by you on the Platform are typically processed within 24 (twenty four) hours from the date of purchase. Subject to these Terms, the Products ordered are usually delivered to you within 3 (three) business days if they are within an area designated by us. Further, depending on the area and location, delivery time may change. At times when we are experiencing high volume of orders, or bad weather or other constraints, including Force Majeure events, shipments may get delayed by a few days. Prior to dispatch of the Product, Bowlcurry has the right to decline an order for any reason, including legal or regulatory reasons or non-availability of Products or other services or due to unforeseen circumstances.
Once your order is dispatched, you will receive an e-mail or SMS updating you with the details of the time and progress of the delivery. On the date of delivery, the person delivering the Product will reach out to you (on the number shared by you at the time of placing your order/registering on the Platform) to confirm your presence to receive the order. You are requested to be available on the date of delivery since the Products will either be hand delivered to you or to someone appointed by you to collect the order on your behalf. All deliveries require a receipt signature for authentication. We take no responsibility for shipment receipt signed by an alternative person other than the person ordering the Product or someone appointed by you to receive the order at the delivery address. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. In cases in which you have designated an alternative receiver, such person shall accept the Products under all of the same terms and conditions that would apply had you accepted the delivery yourself.
We do not take responsibility for an incorrect address that was provided at the time of placing the order. In case of an incorrect address, the Product will be returned by the delivery agent and refunds if applicable will be made as per the terms and conditions.
All claims for damages must be reported to our customer service through an email at firstname.lastname@example.org within 6 (six) hours of order delivery.
As soon as the User receives the Product, the User should store it under the storage conditions, if any, mentioned on the Product. No replacement or refunds will be done for any quality loss or damages if the Product is not stored in the storage conditions mentioned on the Product.
Cancellation, Returns and Exchange
An order once placed shall be final and non-refundable. An order for the Products once placed and confirmed by the User cannot be cancelled by the User for any reason or circumstances whatsoever. In an event of the delivery agent is unable to locate the address of the User due to any unforeseen circumstances, Bowlcurry may cancel the order, inform the User and initiate refund at its sole discretion.
Products once delivered are not returnable or exchangeable due to the nature of Products, including its limited shelf life and perishable nature.
If the Product(s) delivered to you are found to be physically damaged, or defective, or different from what was ordered, the amount may be refunded. Bowlcurry reserves the right, at its sole discretion, on refunds. The User can raise a complaint and share the supporting images and receipt or invoice issued at the time of delivery with our customer care team to make the claim. The Product must be unopened. The issue needs to be reported within 24 (twenty four) hours from the delivery of the Product. Once we confirm that the Products that were received by the User qualify under the abovementioned conditions, we will replace the relevant Product or process a refund for the relevant Product. Refunds will be provided within 14 (fourteen) business days of Bowlcurry receiving back the Product.
Disclaimers & Exclusions
Bowlcurry does not take any responsibility for any adverse health effects on the User arising from consumption of any Products. Where required, Users must seek prior advice for their advisors and physicians prior to using the Products.
You are purchasing the Products voluntarily after being made aware that there might be health risks, including that may be caused by your own acts or omissions, or unknown or unforeseeable at the time of purchasing the Products. You assume the risk of purchasing the Products and release us from all liability arising therefrom.
There may be information on the Platform that contains 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 on the Platform is inaccurate at any time without prior notice (including after you have submitted your order).
Without limiting the foregoing, Bowlcurry shall not be liable for any delay, failure, non-performance or deficiencies in the Services and such delay, failure, non-performance or deficiency shall not constitute Bowlcurry’s failure to meet the requirements detailed in these Terms, to the extent that any such failure is attributable to: (i) Force Majeure; (ii) User’s acts or omissions (including, among other things, violations of law, willful misconduct, negligent acts or breach of these Terms) or the User’s Information; (iii) restrictions/constraints imposed by public policy, moral and ethical standards and/or or standards prescribed by any recognised association; (v) restrictions/constraints imposed by Applicable Laws; (vi) a failure by the User to provide Bowlcurry with any information or other material reasonably requested by Bowlcurry; (vii) any inaccurate or misleading information supplied by the User to Bowlcurry and upon which Bowlcurry relies; (viii) the User’s failure to take such corrective action which forms a part of the User’s responsibility, as may be reasonably requested and identified by Bowlcurry to the User; and (ix) such other reasons solely attributable to the User.
Bowlcurry does not guarantee the security of the payment information provided by the User on the payment gateway links made available through the Platform. We do not accept or assume liability for any Losses of any kind which may be suffered or incurred by the User from the use of the third-party payment gateway service.
Notwithstanding anything contained in these Terms, Bowlcurry shall not be required to provide a Service to the extent the provision thereof would violate or contravene any Applicable Law.
While Bowlcurry continuously works towards keeping the Platform functional, you hereby acknowledge and agree that technical failures are a part of any program. We shall take adequate steps to keep the Platform running and in the event of any unforeseen problems or technical malfunction of our network, servers, computer systems or equipment, or software or on account of technical problems or traffic congestion on the internet or combination thereof, we will take the necessary measures to remedy the problem. However, we do not assume any liability whatsoever in respect of any Loss arising directly or indirectly to you, including but not limited to loss of profit, loss of data, or loss of opportunity arising out of such unforeseen events and/or technical malfunction.
Supporting Environment: Use of the Services requires a supporting environment, including internet access, compatible hardware, and software, and may also require periodic updates to your browser, mobile application, hardware, and/or other software. You agree that meeting these requirements is your sole responsibility and such requirements may change from time to time.
User’s Compliance: All Users shall use the Platform and the Services provided through the Platform in compliance with all Applicable Laws and these Terms. You shall not use the Platform, or any Service provided through the Platform for any purposes not intended under these Terms. Bowlcurry reserves the right to restrict, suspend, or terminate your Account if you misuse the Platform or any Service, or breach these Terms or the Law. You shall be responsible and liable to Bowlcurry for all actions, claims, proceedings, and Losses incurred by Bowlcurry arising out of, or in any way connected with, your use of the Services, the Platform or breach of these Terms.
In order to use the Services, you will have to register/create a user account on the Platform (“Account”). You must provide accurate and complete information and you represent that all information provided by you is accurate and current. You agree to maintain and update your Account information to keep it updated, accurate and current. You shall not select or use as a username, display name or profile bio: (i) a name which belongs to another user; (ii) the name of another person with the intent to impersonate that person; (iii) a name which is subject to the rights of a person for which you do not have an appropriate authorization; (iv) a name that is otherwise offensive, vulgar, or obscene; (v) a name with an intent to engage in any unlawful activity, or abusive behaviour, or harass, defame or intimidate any person or express hate to any person, group, or community. If a User’s Account does not comply with the above, we will permanently suspend the Account.
You shall: (i) be responsible for maintaining the confidentiality of your username and password; (ii) not share your username and password with third parties; (iii) never publish, distribute, or post login information for your Account; and (iv) notify Bowlcurry promptly of any unauthorized use of your Account and of any loss, theft, or disclosure of your password. You are solely responsible for the activity that occurs on your Account, regardless of whether the activities are undertaken by you, or a third party and for keeping your Account information secure. You shall never use another User’s account or registration information for the Services without permission. You shall be responsible for undertaking the proper supervision, control and management of your access and use of the Platform and the Services, including in conformity with these Terms. Bowlcurry shall not be liable for any Loss as a result of your failure to keep your Account secure.
Subject to these Terms, we grant each User a non-exclusive, revocable, non-sub-licensable, non- transferable, and limited license to access and use the Platform and the Services (including through the Account, where applicable), solely for the purpose of using the Services in accordance with these Terms. You shall not distribute, sell, license, rent or otherwise exploit your username and password for accessing your Account in any manner whatsoever.
A User shall not, either directly or indirectly: (i) copy, adapt, alter, modify, translate, localize, merge and/or create derivative works of the Platform; (ii) decompile, disassemble, reverse engineer, reduce the Platform to human perceptible form and/or otherwise attempt to determine its underlying source code; (iii) alter, obscure, deface, remove, conceal and/or otherwise interfere with any eye- readable or machine-readable marking on the Platform which refers to Bowlcurry as the owner, author or developer of the Platform and all proprietary and intellectual property rights contained therein; (iv) distribute, provide, lease, lend, use and/or allow others to use the Platform to or for the benefit of any third parties; and (v) provide the use of the Platform in any service bureau, time- sharing or facilities management arrangement and/or otherwise use the Platform to provide services to third parties.
Bowlcurry requires certain licenses from the Users to their Content, including in order to operate and enable the Platform and the Services. When you upload your Content onto the Platform, you automatically grant to Bowlcurry a non-exclusive license to use your Content for the purposes of the providing the Services and such other purposes as set out in these Terms, including publishing your Content on the Platform and sub-licensing (through multiple levels) your Content to Bowlcurry’s affiliates, partners, vendors, sub-contractors and other service providers.
USER CONTENT AND MANDATORY RULES OF CONDUCT
All Content created, added, uploaded, submitted, distributed, communicated, or posted on the Platform by Users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the User/Person who originated such User Content. The Platform permits the submission of User Content and the hosting, sharing, and/or publishing of such User Content. Notwithstanding anything contained herein, the User shall be solely responsible for the User’s own User Content and the consequences of posting or publishing them. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all Applicable Laws and these Terms.
As mandated by Regulation 3(1)(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, all Users are hereby informed that a User shall not to host, display, upload, modify, publish, transmit, store, update or share any information that: (i) belongs to another person and to which the User does not have any right; (ii) is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force; (iii) is harmful to child; (iv) infringes any patent, trademark, copyright or other proprietary rights; (v) violates any law for the time being in force; (vi) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact; (vii) impersonates another person; (viii) 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 cognisable offence or prevents investigation of any offence or is insulting other nation; (ix) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; and (x) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
As a condition of your use of the Platform and the Services, you promise and undertake not to use the Platform and the Services for any purpose that is prohibited by these Terms. You are responsible for all of your activities in connection with the Services and the activities of any Person who uses your Account or who uses your computers, systems, mobiles, machines, communication devices, network and other applications and resources.
By using the Platform and the Services, you specifically agree that: (i) you will use your own independent and informed judgement before making any transaction, interactions or communication on the Platform; (ii) you do not expect Bowlcurry to, and understand that Bowlcurry does not, evaluate, confirm, verify or endorse any Content, whether viewed on the Platform or otherwise or otherwise conduct its own independent due diligence; (iii) you are not relying on the Content, or any data and information that appears on the Platform to make any decision related to your transactions, interactions or communication on the Platform; (iv) you are solely responsible for complying with any Applicable Law regarding any transaction carried out through the Platform; (v) you will obtain such professional advice as is appropriate to protect your interest; (vi) there is a great risk of incurring losses and damages as a result of any transaction undertaken through the Platform and that you are willing to undertake this risk at your own will; and (vii) any decision taken by you pursuant to the use of the Services are at your own will and risk and you are able to bear the loss after completely understanding the risks involved in such transactions.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform and the Services (including without limitation any application); (ii) modify, translate, or otherwise create derivative works of any part of the Platform and the Services; and/or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
You shall abide by all Applicable Laws with respect to the use of the Platform and Services.
Any activity that you are prohibited from performing under these Terms is equally prohibited to anyone using your Account, computers, systems, mobiles, machines, communication devices, network and others’ applications and resources to access the Services.
You shall: (i) be fully responsible for the acts of others utilizing your access to the Services, and will be held responsible for violations of the Services by your sub-Users or Persons who gain access to the Services using your Account, computers, systems, mobiles, machines, communication devices, network and others applications and resources; (ii) utilize proper security protocols, such as setting strong passwords and access control mechanisms, safeguarding access to all logins and passwords, and verifying the trustworthiness of the Persons who are entrusted with access to your Account, computers, systems, mobiles, machines, communication devices, network and others applications and resources and information; (iii) notify all Persons who receive access to the Services of the provisions of these Terms, and inform them that these Terms are binding upon them; and (iv) notify Bowlcurry if and when you learn of security breaches regarding the Services, and shall aid in any investigation or legal action that is taken by authorities and/or Bowlcurry to cure the security breach.
You shall assume full legal responsibility for any access and use of the Services, and in the event of any breach of this duty resulting in legal claim against Bowlcurry, you shall defend, indemnify, and hold Bowlcurry harmless from all Losses arising therefrom.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any Applicable Law, legal process or governmental request; (ii) enforce these Terms, including investigation of potential violation hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to your support request; and (v) protect the rights, property or safety of us, our Users and the public.
Comments, suggestion, feedback, ideas, material, or other information sent or transmitted to Bowlcurry, either through the Platform, email or otherwise (collectively “Feedback”), shall be deemed to be and treated as non-proprietary and non- confidential. Bowlcurry shall have no obligation of any kind with respect to such Feedback and shall be free to use and distribute the Feedback to others without limitation, including for developing and marketing the Services. Bowlcurry reserves the right to publish or use the Feedback for promotional or other purpose without any further permission, notice or payment of any kind to the User. All such Feedback will be the property of Bowlcurry. Bowlcurry reserves the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Feedback in any way as it deems fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Feedback in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Feedback within or in connection with Bowlcurry’s products or services. If you provide a Feedback, you represent and warrant that you own or otherwise control the rights to the Feedback. You further represent and warrant that such Feedback does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You shall not use a false email, address, impersonate any Person, or otherwise mislead Bowlcurry as to the origin of any Feedback. You agree to indemnify Bowlcurry for all Losses arising from any claim to any rights in any Feedback or any Losses arising from any Feedback.
The enumeration of violations in this Section 7 is not meant to be exclusive, and Bowlcurry has and will exercise its authority to take any action which is necessary to protect the Platform, the Services, the Users, and third parties from acts that would be inimical to the purpose of this Paragraph.
Each User shall use commercially reasonable efforts to keep confidential, any and all data and information about Bowlcurry (“Confidential Information”), whether written, oral or visual, disclosed to it by Bowlcurry or which comes into his possession or knowledge, from time to time. You shall not disclose the Confidential Information to any others, except as may be required by Law or as may be required to be disclosed on a strictly "need-to-know" basis for implementing these Terms.
INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP
The Platform, Bowlcurry’s Technology, Bowlcurry’s Trade Secrets and the Confidential Information of the Bowlcurry (collectively, the “Bowlcurry’s Intellectual Property”) constitute valuable trade secrets of Bowlcurry. All worldwide intellectual property rights and other proprietary rights in and to the Bowlcurry’s Intellectual Property and all improvements and developments in connection therewith shall be and remain the exclusive property of Bowlcurry. The Users shall not, either directly or indirectly, infringe, misappropriate, or violate the Bowlcurry’s Intellectual Property in any manner whatsoever.
Save for the Users Content, the Platform and all information and Content available on the Platform and its “look and feel”, including but not limited to the Bowlcurry’s Marks, copyrighted works, text, graphics, logos, button icons, images, audio/video clips, data compilations and software, and the compilation and organization thereof is the property of Bowlcurry, its affiliates, partners or licensors, or is used with consent of the owner and is protected by Laws, including Laws governing, copyrights, trademarks and other intellectual property. The reproduction and use of any of these by you is prohibited unless specific written permission is provided by us. Any unauthorized use shall violate copyright laws, trademark laws and other applicable intellectual property laws. All rights in the Platform and its Content, if not expressly granted, are reserved.
Bowlcurry’s Content and Bowlcurry’s Marks referenced in the Platform are the intellectual property rights of Bowlcurry. Any unauthorized use of the same is strictly prohibited and all rights in same are reserved by Bowlcurry. No use of Bowlcurry’s Content and Bowlcurry’s Marks shall be made by any third party without the express written consent of Bowlcurry.
You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of the Content obtained through the Platform for any commercial purposes. If you download or print any Content for personal use, you must retain all copyright and other proprietary notices contained therein.
Subject to these Terms, we grant each User a non-exclusive, revocable, non-sub-licensable, non- transferable, and limited license to access the Platform solely for the purpose availing the Services.
Nothing contained on this Platform should be construed as granting, by implication or otherwise, any right, license, or title to any of the Bowlcurry’s Intellectual Property and the Bowlcurry’s Marks, without the advance written permission of Bowlcurry or such third party as may be appropriate. All rights are expressly reserved and retained by Bowlcurry. Your misuse of any of the Bowlcurry’s Intellectual Property, the Bowlcurry’s Marks displayed on the Platform, or any other Content on the Platform, except as provided in these Terms, is strictly prohibited. You are also advised that Bowlcurry considers its intellectual property to be among its most valuable assets and will aggressively enforce its intellectual property rights to the fullest extent provided under Law.
The Platform, the Services, the Content, including without limitation, any information delivered as part of the foregoing are provided on an “as is” and “as available” basis, without warranty of any kind, express or implied, whether by statute, common law, custom, usage or otherwise, including, but not limited to performance, security, integration, quiet enjoyment, satisfactory quality and implied warranties of title, non-infringement, merchantability and fitness for a particular purpose as well as all warranties arising by usage of trade, course of dealing, or course of performance. Without limiting the foregoing, Bowlcurry makes no warranty that: (i) the Platform, the Services, the Content, including without limitation any materials and information delivered as part of the foregoing: (a) will meet your requirements; (b) will be accurate, uninterrupted, timely, secure, or error-free; (ii) the results that may be obtained from the use thereof will be effective, accurate, or reliable; (iii) the quality of the Services purchased or accessible by you will meet your expectations; (iv) any errors or defects in the foregoing will be corrected; and (v) is free of viruses or other harmful components.
Bowlcurry specifically disclaims all liability for any actions resulting from your use of any the Platform and the Services. You may use and access the Platform and the Services at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use of and access to the Platform or any Service.
Bowlcurry disclaims any and all liability with respect to any Losses, personal injury or other harm that may be caused by your reliance on any advice, suggestions, recommendations or other information provided on the Platform or through the Services.
You shall indemnify, defend and hold harmless us, our affiliates, holding companies, subsidiaries, affiliates and any related companies, licensors and partners, and each of our and their respective officers, directors, employees, consultants, agents, representatives, contractors, content providers, vendors and suppliers from all Losses brought against or suffered by any of them resulting from, arising out of or relating to your (or any third party using your identity or your Account, computers, systems, mobiles, machines, communication devices, network and others applications and resources): (i) use or misuse of, or access to, the Platform, the Services, or the Content; (ii) violation or breach of these Terms; (iii) violation or breach of any Applicable Law, whether or not referenced herein; (iv) violation of any rights of any third party; and (v) any dealings between you and any third parties. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
LIMITATION OF LIABILITY
The Users specifically acknowledge that the Services are provided hereunder with the expectation that Bowlcurry shall not assume any risks of the Users. Accordingly, in no event shall Bowlcurry assume any risks of the Users.
The Users further acknowledge and agree that every decision taken by them pursuant to the Terms represents an assumption of risk and that Bowlcurry does not and shall not underwrite or assume the Users risk in any manner.
Bowlcurry shall not be held liable for any liabilities suffered by the Users or any third party relating to or arising out of: (i) a failure by the Users to adhere to these Terms; (ii) negligent acts of the Users; and/or (iii) breach by the Users of any Applicable Law.
In no event shall we, our affiliates, holding companies, subsidiaries, affiliates and any related companies, licensors and partners, and each of our and their respective officers, directors, employees, consultants, agents, representatives, contractors, content providers, vendors and suppliers be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Services: (i) for any lost profits or other economic losses, loss of data and other programs, loss of opportunity, business interruption, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damage of any kind whatsoever; (ii) for any bugs, viruses, trojan horses, or the like (regardless of the sources of origination), or (iii) for any direct damages in excess of 1,000/- (Rupees One Thousand only) or the price paid to us for the Product/Services (whichever is lower), even if Bowlcurry has been advised of, knew, or should have known, the possibility thereof. You acknowledge that the price paid by you reflects the allocation of risk set forth in these Terms and that Bowlcurry would not enter into this agreement and Terms without these limitations. You hereby waive any and all claims against Bowlcurry arising out of your use of the Platform and the Services, or any conduct of Bowlcurry’s personnel. Your sole and exclusive right and remedy in case of dissatisfaction with the Services or any other grievance shall be your termination and discontinuation of access to or use of the Services.
In no event shall we, our affiliates, holding companies, subsidiaries, affiliates and any related companies, licensors and partners, and each of our and their respective officers, directors, employees, consultants, agents, representatives, contractors, content providers, vendors and suppliers be liable any bodily injury, loss of life, loss of property or any other accident that arise out of or is in any way connected with any use of the Platform, the Services or the Content available on the Platform.
Bowlcurry shall not be liable for Losses and damages resulting from the use of (or the inability to use) electronic means of communication with the Platform, including, but not limited to damages resulting from failure or delay in delivery of electronic communications, interception, or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
THIRD PARTY SERVICES
The Services may permit you to link to other websites, services or resources on the internet, and other websites, services, or resources, may contain links to the Services. The use of any website which are controlled, owned, or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites, and not by these Terms. When you access third party resources on the internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such website or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we 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 the use of or reliance on any such content, goods, or services available on or through any such website or resources. It is your responsibility to protect your systems from items such as viruses, worms, trojan horses and other items of a destructive nature. Bowlcurry expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with third party links that may appear on the Platform. You hereby agree to hold Bowlcurry harmless from any liability that may result from the use of third-party links that may appear on the Platform.
When you access or use the Platform and/or the Services or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records (including SMS) from us periodically and as and when required, irrespective of whether you are registered under the Do not Disturb registry under Telecom Regulatory Authority of India, Government of India (TRAI) or not. Your act of accessing, browsing, or using the Platform and/or the Services, or by contacting us through any means or medium, or engaging us to provide the Services constitutes a “verifiable request” by you authorising us to call or send messages, to your telephone numbers provided to or registered with us, with respect to the Services. We reserve the right to communicate with you by email or by such other mode of communication, electronic or otherwise.
You understand that as part of your registration process as well as in course of your use of the Platform and/or Services, you may receive SMS messages from Bowlcurry on your registered mobile number. Bowlcurry may also send onetime passwords, subscription confirmations, payment confirmations cancellation confirmations, updates on features of the Platform, updates of the Services or any such other information relevant for the transactions undertaken by you, via SMS or by voice call on the contact number given by you at the time of subscribing to our Services or via email given by you at the time of subscribing to our Services. Please note that Bowlcurry will send these messages only to the mobile number and email address that you provide on the Platform. It is your responsibility to ensure that you provide the correct number and email address for the transaction you wish to enter. Further, Bowlcurry may also send notifications and reminders to you with respect to your subscriptions for the Services and features that you may be using on the Platform. You hereby consent to receive such messages from Bowlcurry.
The User hereby unconditionally consents that such communications via SMS, email and/ or voice call by Bowlcurry is: (i) upon the request and authorization of the User; (ii) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of TRAI; and (iii) in compliance with the relevant guidelines of TRAI or such other Governmental Authority. The User shall indemnify Bowlcurry against all Losses incurred by Bowlcurry in the event any action is taken by TRAI or any other Person or Governmental Authority due to any complaint raised or made by the User against Bowlcurry with respect to the communications mentioned above or due to a wrong number or email address being provided by the User for any reason whatsoever.
You expressly consent to electronically receive all communications, agreements, documents, notices, and disclosures whether transactional or promotional in nature. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form.
GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
These Terms will be governed by the laws of India, without regard to conflict of law principles. Further, the courts at Kolkata, India shall have exclusive jurisdiction for all matters arising out of or in connection with these Terms and you agree to irrevocably submit to the exclusive jurisdiction of such courts.
The concerned parties shall amicably resolve any and all disputes arising out of or in connection with these Terms, failing which the disputes shall be settled in accordance with provisions of the Arbitration and Conciliation Act, 1996. The parties will refer the dispute to a sole arbitrator to be appointed by Bowlcurry. Any arbitral award shall be final and binding on the parties. The venue and seat of the arbitration shall be Kolkata, India. The language of arbitration shall be English.
Nothing contained in this paragraph shall preclude Bowlcurry from applying for and obtaining any injunctive, prohibitory, equitable or other similar urgent or interim relief from a court of law, if such judicial process is necessary to prevent serious and irreparable injury.
You may stop using the Platform and the Services at any time. If you wish to terminate your account, you may do so by writing to us at email@example.com
We may, at any time, terminate your right to access and use of the Platform and the Service(s) if you breach any provision of the Terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms).
We may, at any time, terminate your right to access and use of the Platform and the Service(s) if we are required to do so by Applicable Law.
Upon termination of your access to the Platform or Services for any reason, you shall destroy and remove from all computers, devices, equipment, and other storage media all copies of any intellectual property owned by Bowlcurry that you acquired through the Services.
Upon termination, all licenses, and any other rights and services provided by Bowlcurry to the Users shall cease immediately. Any such termination may result in the forfeiture and destruction of information associated with your Account.
Upon termination, any and all rights granted to the User will immediately be terminated, and the User shall promptly discontinue all use of the Services.
Termination of these Terms, or any license, or User's access to the Platform and the Services shall not limit Bowlcurry from pursuing other remedies available to it, including injunctive relief, nor shall such termination relieve any User of its obligation to pay amounts that have accrued or are otherwise owed by such User.
All provisions of these Terms which, by their nature should survive termination shall survive termination, including, without limitation, the provisions governing any licenses you have granted to us, ownership of intellectual property, warranty disclaimers, indemnity, and limitation of liability.
Force Majeure: Bowlcurry shall not be liable to the Users or any other Persons or be deemed to be in breach of these Terms by reason of any delay or deficiency in performing, or any failure to perform, any of its obligations in relation to the Services or other obligations hereunder if the delay or deficiency or failure was due to Force Majeure.
Specific Relief: You acknowledge that your unauthorised use of the Services and/or the Platform may result in irreparable damage and injury to Bowlcurry and/or its affiliates or licensors for which money damages would be inadequate. Consequently, in the event of such unauthorised use, we, and our affiliates and/or licensors (as applicable) shall have the right, in addition to any other legal remedies available, to seek an immediate injunction against you prohibiting any further use of the Services and/or the Platform.
Legal Actions: No action, regardless of form, arising out of or relating to these Terms may be brought by you after 6 (six) months after the cause of action has accrued, except where this limitation cannot be imposed by law.
Waiver: Failure of Bowlcurry to require performance of any provision of these Terms shall not affect Bowlcurry's right to full performance thereof at any time thereafter, and any waiver by Bowlcurry of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach. No waiver shall be effective unless in writing and duly executed by an authorized representative of Bowlcurry.
Entire Agreement: These Terms including all related agreements and policies incorporated by reference herein, constitute the entire agreement between you and Bowlcurry related to the subject matter hereof.
Independent Rights: Each of the rights of Bowlcurry are independent, cumulative and without prejudice to all other rights available to it under law, equity or otherwise, and the exercise or non- exercise of any such rights shall not prejudice or constitute a waiver of any other right by Bowlcurry, whether under these Terms or otherwise. The rights of Bowlcurry with respect to any matter conferred under any provision of these Terms shall be in addition to any other rights conferred under any other provision of these Terms, in law or in equity.
Severability: If any provision of these Terms is held to be illegal, invalid, or unenforceable under present or future laws such provision shall be fully severable. Thereafter, these Terms shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of these Terms and the remaining provisions of these Terms shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance from these Terms. Furthermore, in lieu of each such illegal, invalid, or unenforceable provision, we shall add as a part of these Terms, a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid and enforceable.
Evidence: Subject to the Applicable Laws of evidence, you hereby agree not to object to admission of these Terms as evidence in legal proceedings.
Proof: Any data in our systems can be used as proof for things that relates to your use of our Services and the Platform. This data can be used in legal proceedings, in the same way as any written document.
Assignment: These Terms and the agreement evidenced by it is personal to you and is not assignable or transferable by you. We may assign, transfer or delegate any of our rights and obligations hereunder to any Person without your consent.
No Agency: No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
Notices: Any notices, requests and other communications required or permitted hereunder to be provided by the User to us shall be in writing, in English language, and shall be given by hand against written acknowledgement or receipt, or sent by registered mail, or by email followed by a confirmation of receipt. All notices will be deemed to have been duly given when received by us. Unless otherwise specified in these Terms, electronic notices should be sent to firstname.lastname@example.org. We will send our notices to the Users by way of an email at the email address provided by the Users.
You may contact us at the following address:
Curry Cullture LLP
5B, Judges Court Road, Alipore Heights, Kolkata West Bengal 700027.
Effective Date: November 17, 2022
Copyright 2022: Curry Cullture LLP
All rights reserved. No part of the Platform may be copied, reproduced, modified, or distributed in any form or manner without the prior written permission of Bowlcurry.