Terms and Conditions

TERMS OF USE

This document is an electronic record in terms of Information Technology Act, 2000 and rules made thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. 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, privacy policy and Terms of Use for access or usage of getsync.app website / Sync App.

Terms of Use

1. These terms of use (the "Terms of Use") shall govern Parties' use of our website getsync.app or application for mobile and handheld devices called "Sync" (collectively referred to as the "Platform"). Please read these Terms of Use carefully before using the services. If a Party does not agree to these Terms of Use, such Party may not use the services on the Platform and the Platform shall not be bound to provide services to such parties. The Platform is owned by Bundl Technologies Pvt. Ltd. ("BTPL" / "Sync"). When you create a Sync account or use Sync, you agree to these terms and become a Party to a legally-binding agreement between BTPL and you. By using the Platform, a Party shall be contracting with BTPL and such Party signifies its acceptance to the Terms of Use and other BTPL's policies (including but not limited to Privacy Policy) as posted on the Platform from time to time, which takes effect on the date on which a Party uses the Services, and creates a legally binding arrangement to abide by the same.
2. The Platform is operated and owned by Bundl Technologies Private Limited, a company incorporated under the Companies Act, 1956 and having its registered office at No. 55, Sy No. 8-14, Ground Floor, I & J Block, Embassy Tech Village, Outer Ring Rd, Devarabisanahalli, Kadabeesanahalli, Bengaluru, Karnataka 560103, India. For the purpose of these Terms of Use, wherever the context so requires, "Party" or "Parties" or "User" or "You" shall mean any natural or legal person who has agreed to become a user of the Platform by providing Registration Data while registering on the Platform as a registered user using any computer systems. The terms "Sync" "BTPL", "we", "us" or "our" shall mean Bundl Technologies Private Limited.

BTPL offers the Platform to enable the Users to interact among themselves for provision/availing of goods and services from each other. You acknowledge and agree that the Platform is merely a social media platform to provide a communication/interactive platform to the Users to enable interaction for the purpose to transact among themselves. BTPL / the Platform does not facilitate transactions between the Users, in any manner.

Users and BTPL shall hereinafter individually be known as "Party" and collectively as "Parties".

3. AMENDMENTS
   These Terms of Use are subject to modifications at any time. We reserve the right to modify or change these Terms of Use and other BTPL policies at any time by posting changes on the Platform, and a Party shall be liable to update itself of such changes, if any, by accessing the changes on the Platform. A Party shall, at all times, be responsible for regularly reviewing the Terms of Use and the other BTPL policies and note the changes made on the Platform. User's continued usage of the services after any change is posted constitutes an acceptance of the amended Terms of Use and other BTPL policies. As long as a Party complies with these Terms of Use, BTPL grants such Party a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these Terms of Use, Parties also accept and agree to be bound by the other terms and conditions and BTPL policies as may be posted on the Platform from time to time.
4. Use of Platform and Services

1. All commercial/contractual terms are offered by and agreed to between the Users alone. The commercial/contractual terms include without limitation price, taxes, shipping costs, payment methods, payment terms, date, warranties related to products and services. BTPL does not have any control nor does it determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Users.
2. BTPL does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the merchants using the Platform. Buyers are advised to independently verify the bona fides of the merchant that the buyer chooses to deal/interact with on the Platform and use their best judgment in that behalf. All merchant offers, and third-party offers are subject to respective party's terms and conditions. BTPL takes no responsibility for such offers.
3. Our Services enable you to create, post, store, send, and receive content, such as text, images, videos, and other materials, including Your or third party's trademarks, logos, slogans, and other proprietary materials (collectively, "Content"). You grant BTPL and its subsidiaries and affiliates a worldwide, non-exclusive, sub-licensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and publicly perform or display Content that you upload, submit, store, send, or receive on or through our Services, solely for the purposes of providing, operating, developing, promoting, updating, and improving our Services, and researching and developing new services, features, or uses. You represent and warrant that you have all rights necessary to grant us the license to Content, and that our use of it, as permitted by these Terms, will not violate any right of, or cause injury to, any person or entity.
4. Except for the express license grant in these Terms, we grant no other licenses or rights to You by implication or otherwise. Unless otherwise indicated, we own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services.
5. BTPL neither makes any representation or warranty as to specifics (such as quality, value, saleability, etc.) of the products or services proposed to be sold or offered to be sold or purchased through interaction on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. BTPL accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
6. BTPL is not responsible for any non-performance or breach of any contract entered into between the Users on the Platform. BTPL cannot and does not guarantee that the Users will perform any transaction communicated through the Platform.
7. BTPL assumes the role of a social media platform provider for commerce. At any point of time during any transaction BTPL will not take possession of any of the products or services offered by the Users. At no time shall BTPL hold any right, title or interest over the products nor shall BTPL have any obligations or liabilities in respect of such contract entered into between the Users.
8. BTPL does not take any responsibility regarding the complaints from the buyer pertaining to quality or any other such issues and the same shall be addressed to the merchant directly. BTPL will have no role to play in resolution of such complaints.
9. Please note that there could be risks in dealing with underage persons or people acting under false pretence.
10. BTPL - Use of the Website
    Parties agree, undertake and confirm that the use of Platform shall be strictly governed by the following binding principles:

1. You are responsible for keeping your device and your Sync account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.
2. Parties shall not host, display, upload, download, modify, publish, transmit, update or share any information which:

1. belongs to another person and which a Party does not have any right to;
2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; 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;
3. is misleading or misrepresentative or false or inaccurate in any way;
4. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
5. harasses or advocates harassment of another person;
6. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
7. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
8. infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
9. promotes an illegal or unauthorized copy of another person's copyrighted work (see "copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
10. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
11. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
12. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
13. contains video, photographs, or images of another person (with a minor or an adult);
14. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
15. solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
16. interferes with another user's use and enjoyment of the Platform or any third party's user and enjoyment of similar services;
17. refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
18. harms minors in any way;
19. infringes any patent, trademark, copyright or other intellectual property 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 products;
20. violates any law for the time being in force;
21. deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
22. impersonate another person;
23. 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, cancelbots, 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;
24. 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 criminal offence or prevents investigation of any offence or is insulting any other nation;
25. directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or
26. creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers.

3. Users shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to prohibit any such activity.
4. Users shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, "password mining" or any other illegitimate means.
5. Users shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. User may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or either Party, including any account on the Platform not owned by a Party, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than the Parties own information, as provided for by the Platform.
6. Users shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name ‘BTPL' or ‘Sync' , or otherwise engage in any conduct or action that might tarnish the image or reputation, of BTPL or any User on the Platform or otherwise tarnish or dilute any BTPL's trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us. Parties agree that they will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or BTPL's systems or networks, or any systems or networks connected to BTPL.
7. Parties agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.
8. Users may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal they send to us on or through the Platform or any service offered on or through the Platform. Users may not pretend that they are, or that such Parties represent, someone else, or impersonate any other individual or entity.
9. Users may not use the Platform or any content on the Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of BTPL and/or others.
10. Users shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to sales tax/VAT, income tax, octroi, service tax, central excise, custom duty, local levies) regarding use of our service and Merchant's listing, purchase, solicitation of offers to purchase, and sale of products or services. Users shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. The merchants using the Platform shall also comply with all the laws applicable to their business including, for e.g. Food Safety and Standards Act, 2006 and rules and regulations prescribed thereunder("FSSA"), as amended from time to time, etc. Further the merchants selling food products shall display its FSSAI registration/license number in it's catalogue on the Platform as per the requirements under FSSA.
11. In order to allow us to use the information supplied by the Users, without violating their rights or any laws, Users agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights that Users have in their Information, in any media now known or not currently known, with respect to their Information. We will only use the Parties information in accordance with these Terms of Use and Privacy Policy applicable to use of the Platform.
12. From time to time, merchants shall be responsible for providing information relating to the products or services proposed to be sold by them. In this connection, merchant undertakes that all such information shall be accurate in all respects. Merchant shall not exaggerate or overemphasize the attributes of such products or services so as to mislead other users in any manner.
13. Merchants shall not engage in advertising to, or solicitation of, other users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us. Users may not transmit any chain letters or unsolicited commercial or junk email to other users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. Users understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and Parties hereby expressly authorize us to) disclose any information about them to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
14. Please be advised that such Content posted does not necessarily reflect BTPL views. In no event shall BTPL assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. Users hereby represent and warrant that they have all necessary rights in and to all Content which Parties provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
15. Users correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the Users and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
16. It is possible that other Users (including unauthorized users or ‘hackers') may post or transmit offensive or obscene materials on the Platform and that Parties may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about a Party due to their use of the Platform, and that the recipient may use such information to harass or injure the Party. We do not approve of such unauthorized uses, but by using the Platform, Users acknowledge and agree that we are not responsible for the use of any personal information that Parties publicly disclose or share with others on the Platform. Please carefully select the type of information that a User publicly discloses or shares with others on the Platform.
17. BTPL shall have all the rights to take necessary action and claim damages that may occur due to Party' involvement/participation in any way on Parties' own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services), hacking, pen testing attempts without our prior consent or a mutual legal agreement.

5. Account Registration or use of the Platform

1. Parties may access the Platform by registering to create an account ("Sync Account") and become a member/user ("Membership. The Membership is limited for the purpose and are subject to the terms, and strictly not transferable. As part of the functionality of the Platform services, Users may link their Sync Account with Third Party Accounts, by either:

1. providing Third Party Account login information to us through the Platform; or
2. allowing us to access Third Party Account, as is permitted under the applicable terms and conditions that govern a Party's use of each Third-Party Account.

2. Users represent that they are entitled to disclose Third Party Account login information to us and/or grant us access to their Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by the User of any of the terms and conditions that govern a Party's use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.
3. By granting us access to any Third Party Accounts, Parties understand that we will access, make available and store (if applicable) any content or information that the Parties have provided to and stored in their Third Party Account ("SNS Content") so that it is available on and through the Platform via each Party's Sync Account.
4. Unless otherwise specified in these Terms of Use, all SNS Content, if any, will be considered to be the User's content for all purposes of these Terms of Use.
5. Depending on the Third Party Accounts, Users choose, and subject to the privacy settings that they have set in such Third Party Accounts, personally identifiable information that they post to Third Party Accounts will be available on and through each User's Sync Account on the Platform.
6. Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Platform.
7. Sync Account will be created for each Party's use of the Platform services based upon the personal information provided to us or that we obtain via an SNS, as described above. Users may only have one Sync Account and are not permitted to create multiple accounts. If an User is found having multiple accounts, We reserve the right to suspend such multiple accounts without being liable for any compensation.
8. Users agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
9. We reserve the right to suspend or terminate User's Sync Account and the access to the Services (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; (ii) if it is believed that an User's actions may cause legal liability for such User, other users or us; and/or (iii) if an User is found to be non- compliant with the Terms of Use.
10. Users are responsible for safeguarding the password. Users agree that they will not disclose their password to any third party and that they will take sole responsibility for any activities or actions under the Sync Account, whether or not they have authorized such activities or actions. Users will immediately notify us of any unauthorized use of their Sync Account.
11. ACCOUNT REGISTRATION REQUIREMENTS SPECIFIC TO MERCHANTS USING THE PLATFORM:

1. Business Use and Eligibility: You represent and warrant that you: (a) will use our services solely for business, commercial, and authorized purposes, and not for personal use; (b) will only provide registration information associated with your company/business entity; (c) are authorized to enter into these Terms of Use and are at least 18 years old (or the age of majority in your country of residence).
2. Registration and Account: You must create a Sync account by providing accurate, current, and complete information, including valid legal business phone number, company/business entity name, and other information we require. You will keep your business account information updated. Your name must not: (a) be false, misleading, deceptive, or defamatory; (b) parody a third party or include character symbols, excessive punctuation, or trademark designations; or (c) infringe any trademark, violate any right of publicity, or otherwise violate anyone's rights. We reserve the right to reclaim account names on behalf of any business or individual that holds legal claim in those names.
3. Communication Preferences: As part of your relationship with us, you permit us to use your information to send you electronic communications (such as messages, emails, and phone calls) from us or our third-party providers, including: (a) notices about your account, password changes, payment authorizations, and other transactional information.
4. Fees and Taxes: You are responsible for all carrier data plans, Internet fees, and other fees and taxes associated with your use of our Platform.

6. Payment / Financial Terms

1. BTPL does not enable payment transactions on the Platform. The payments for goods /services shall be collected from the buyers by the merchants directly or through other online payment options available in the market.
2. Merchants shall be solely responsible to raise invoices (tax invoices) to the buyers and the buyers shall make the payment directly to the merchants. BTPL will have no role to play in raising of invoices, payments to be made to the merchants or the taxes to be paid.

7. Terms of service

1. Buyer agrees and acknowledge that we shall not be responsible for:

1. The services or products supplied by the merchants including, but not limited, serving of orders suiting Buyer's requirements and needs;
2. The merchants' services or products not being up the buyer's expectations or leading to any loss, harm or damage to the Buyer;
3. The availability or unavailability of certain items on the menu/catalogue of the merchant; or
4. The merchant serving the wrong items in an order.

2. The details of the menu and price list available on the Platform are the information solely provided by the merchants and we shall not be responsible for any such information provided by the merchants.
3. If the Users use the Platform, they do the same at their own risk.
4. You understand and agree that BTPL collects, stores, and uses: (a) information from your account and registration; (b) usage, log, and functional information generated from your use of our Platform service; (c) performance, diagnostics, and analytics information; (d) information related to your technical or other support requests; and (e) information about you from other sources such as other Sync users, businesses, and third-party companies. We may share this information with our subsidiaries, affiliates, permitted assignees, to develop, operate, provide, improve, understand, customize, support, and market our Platform services. The same shall be shared subject to our Privacy Policy.
5. Availability- Our Platform service may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue Platform service for certain devices and platforms, at any time. Events beyond our control may affect our Platform service, such as events in nature and other force majeure events.

8. No Endorsement

1. We do not endorse any merchant. In addition, although these Terms of Use require the merchant to provide accurate information, we do not attempt to confirm, and do not confirm if it is purported identity. We will not be responsible for any damage or harm resulting from merchant's interactions with other Users.
2. By using the Platform, the Users agree that any legal remedy or liability that the Users seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused a party harm and the Users agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.

9. General Terms of Use

1. 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 Platform. Only individuals who are 18 years of age or older may use the Platform and avail Services. If any User is under 18 years of age and wishes to download, install, access or use the Platform, such User's parents or legal guardian must acknowledge and agree to the Terms of Use and Privacy Policy. Should an User's parents or legal guardian fail to agree or acknowledge the Terms of Use and BTPL policies, such User shall immediately discontinue its use. BTPL reserves the right to terminate the Membership and / or deny access to the Platform if it is brought BTPL's notice that the User is under the age of 18 years.
2. If an User chooses to use the Platform, it shall be the User's responsibility to treat its user identification code, password and any other piece of information that we may provide, as part of our security procedures, as confidential and not disclose the same to any person or entity other than us. We shall at times and at our sole discretion reserve the right to disable any user identification code or password if the User has failed to comply with any of the provisions of these Terms of Use.
3. As we are providing Platform services in the select cities in India, we have complied with applicable laws of India in making the Platform and its content available to the Parties. In the event the Platform is accessed from outside India, it shall be entirely at such User' risk. We make no representation that the Platform and its contents are available or otherwise suitable for use outside select cities/India. If a User chooses to access or use the Platform from or in locations outside select cities/India, such User may do so on its own risk and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorisations, rules and guidelines.
4. Each User shall at all times be responsible for the use of the Platform through the User's computer or mobile device and for bringing these Terms of Use and BTPL policies to the attention of all such persons accessing the Platform on the User's computer or mobile device.
5. Users understand and agree that the use of the Platform does not include the provision of a computer or mobile device or other necessary equipment to access it. Users also understand and acknowledge that the use of the Platform requires internet connectivity and telecommunication links. Users shall bear the costs incurred to access and use the Platform, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
6. Users agree and grant permission to BTPL to receive promotional SMS and emails from BTPL or allied partners. In case Parties wish to opt out of receiving promotional SMS or email please send a mail to support@getsync.app.
7. By using the Platform, Users represent and warrant that:

1. All registration information submitted is truthful, lawful and accurate and that Users agree to maintain the accuracy of such information.
2. Users use of the Platform shall be solely for their own use and they shall not authorize any other to use their account, including an User's profile or email address and that each User is solely responsible for all content published or displayed through the account, including any email messages, and an User's interactions with other users and each User shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
3. All necessary licenses, consents, permissions and rights are owned by the merchant and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these Terms of Use and Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any content that the Merchant submits, posts, uploads, distributes or otherwise transmits or makes available.
4. Users shall not use the Platform in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
5. Users shall not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Platform.
6. Users shall not use another person's username, password or other account information, or another person's name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent a Party's identity or affiliation with any person or entity.
7. Users shall not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.
8. Merchant will not delete or modify any content of the Platform, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that Merchants do not own or have express permission to modify.
9. Users shall not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.
10. Users shall not access the Platform without authority or use the Platform in a manner that damages, interferes or disrupts:

1. any part of the Platform or the Platform software; or
2. any equipment or any network on which the Platform is stored or any equipment of any third party.

8. Users shall release and fully indemnify BTPL and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims such Users may have in this behalf under any applicable laws of India. Notwithstanding its reasonable efforts in that behalf, BTPL cannot take responsibility or control the information provided by other Users which is made available on the Platform. A Party may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.
9. Restrictions. Except as otherwise permitted by BTPL in writing, You must not directly, indirectly, or through automated or other means: (a) distribute, sell, resell, or rent our Platform services to third parties; (b) distribute or make our Platform services available over a network to be used by multiple devices at the same time, except as authorized through tools and configurations that we have expressly provided for your use via our Platform services; and (c) copy, reproduce, distribute, publicly perform or display, modify, or make derivative works based upon all or portions of our Platform services. User must not directly, indirectly, or through automated or other means: (d) remove any proprietary rights notices or markings; (e) reverse engineer any aspect of our Services or do anything that may discover source code; (f) scrape or extract data from our Platform; (g) develop or use any applications that interact with our Platform without our prior written consent; and (h) create software or APIs that function substantially the same as our Platform and offer them for use by third parties in an unauthorized manner.

10. Relationship with operators if the Platform is accessed on mobile devices

1. In the event the Platform is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an "Operator").
2. Any download, installation, access to or use of the Platform is also bound by the terms and conditions of the Operator.
3. Users acknowledge that these Terms of Use are concluded between the Users and BTPL only, and not with an Operator, and we, not those Operators, are solely responsible for the Platform and the content thereof to the extent specified in these Terms of Use.
4. The license granted to each User for the Platform is limited to a non-transferable license to use the Platform on a mobile device that User owns or controls and as permitted by these Terms of Use.
5. We are solely responsible for providing any maintenance and support services with respect to the Platform as required under applicable law. Each Party and BTPL acknowledges that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform.
6. Users and BTPL acknowledge that BTPL, not the relevant Operator, is responsible for addressing any claims of Users or any third party relating to the Platform or User's possession and/or use of the Platform, including, but not limited to: (i) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
7. Users and BTPL acknowledge that, in the event of any third party claim that the Platform or User's possession and use of the Platform infringes that third party's intellectual property rights, BTPL, not the relevant Operator, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
8. Users must comply with any applicable third party terms of agreement when using the Platform (e.g. User must ensure that the use of the Platform is not in violation of their mobile device agreement or any wireless data service agreement).
9. User and BTPL acknowledge and agree that the relevant Operator, and that Operator's subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon Parties' acceptance of these Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against such Party as a third party beneficiary thereof.

11. Disclaimers
    You use our Platform at your own risk and subject to following disclaimers:

1. THE PLATFORM MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.
2. DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE PLATFORM OR DELAY OR ERRORS IN FUNCTIONALITY OF THE PLATFORM. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.
3. WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.
4. USERS ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE PLATFORM. BTPL MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO THE USERS. HOWEVER, USERS ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S SERVICES NOR WILL WE BE LIABLE TO USERS OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY USER OR ANY THIRD PARTY. USERS HEREBY DISCLAIMS AND WAIVES ANY RIGHTS AND CLAIMS IT MAY HAVE AGAINST BTPL WITH RESPECT TO THIRD PARTY'S / MERCHANTS SERVICES.
5. BTPL DISCLAIMS ALL LIABILITY THAT MAY ARISE DUE TO ANY VIOLATION OF THE FOOD SAFETY AND STANDARDS ACT, 2006 AND PLASTIC WASTE MANAGEMENT RULES, 2016 FOR THE TIME BEING IN FORCE AND APPLICABLE RULES AND REGULATIONS MADE THEREUNDER AND SUCH LIABILITY SHALL BE ATTRIBUTABLE TO THE MERCHANT.
6. WHILE THE MATERIALS PROVIDED ON THE PLATFORM WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO EITHER PARTY OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.
7. THE INFORMATION PROVIDED HEREUNDER IS PROVIDED "AS IS". WE AND / OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY.
8. WE SHALL NOT BE LIABLE TO THE USERS OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE PLATFORM. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO USERS OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY A PARTY'S RELIANCE ON THE CONTENT CONTAINED HEREIN.
9. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR MERCHANT ACCESSED THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Limitation of liability
    BTPL will not be liable to You for any lost profits or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in any way in connection with our terms, us, or our services, even if the BTPL Parties have been advised of the possibility of such damages.
13. Prohibited Use and Restricted Items

1. We prohibit organizations and/or individuals engaged in terrorist or organized criminal activity from using the Platform.
2. We prohibit the use of the Platform to facilitate or organize criminal activity, including exploiting or causing physical, financial, or other harm to people, businesses, or animals.
3. Messages must not contain offensive content, for example sexually explicit materials or nudity, determined at our sole discretion.
4. If you distribute, sell, offer to sell, transact in, trade in, promote, endorse, or commercially deal in any of the following goods or services then we reserve the right to prohibit you or restrict your access from using Sync:
   1. Drugs, whether prescription, recreational, or otherwise –
      • Drugs under Narcotics and Psychotropic Substances Act, 1985;
      • Prescription Drugs under Schedule X and H under Drugs and Cosmetics Act, 1940; Any other drug under Drugs and Cosmetics Act, 1940.
   2. Alcohol –
      • Alcoholic beverages
      • Kits for producing alcohol/alcoholic beverages instant mix
   3. Unsafe ingestible supplements
      • Anabolic steroids
      • Chitosan
      • Comfrey
      • Dehydroepiandrosterone
      • Ephedra
      • Human growth hormones
   4. Cigarettes and e-cigarettes
   5. Weapons, ammunition, or explosives
      • Firearms and firearm parts
      • Paintball guns
      • BB Guns
      • Fireworks
      • Tasers
      • Gun ranges
      • Gun shows
   6. Animals
      • Live animals
      • Livestock
      • Prohibited animal parts, including but not limited to bone, teeth, horn, ivory, taxidermy, organs, external limbs, secretions, or carcasses
      • Any product or part, including but not limited to leather, skin, hide, fur, wool, or hair from any dogs, cats, and endangered or threatened animals
   7. Adult products or services
      • Sex toys
      • Videos or live shows for adult entertainment
      • Sexual enhancement products
      • Sexually suggestive services
   8. Body parts and fluids
      • Blood
      • Urine
      • Body parts
      • Organs
      • Human tissue
      • Teeth
   9. Smoking Cessation Products
      • Nicotine patches
      • Nicotine gum
   10. Real money gambling services
       • Gambling
       • games of skill or lotteries, including online casinos, bingo, or poker if it costs money.
   11. Dating services
   12. Products or items that facilitate or encourage unauthorized access to digital media
       • Sale of streaming devices loaded with software that facilitates unauthorized access to content
       • Jailbroken or loaded devices
       • Jamming or descrambling devices
       • Wiretapping devices
   13. Digital and subscription services, including links to or processing of any subscription sales, renewals, or upgrades
       • Downloadable content, including PDFs, music, games, movies, etc.
       • Digital accounts, including games accounts
       • Digital subscriptions and internet streaming services, including TV, Mobile, etc.
       • Digital coupons
   14. Business models, goods, items, or services that we determine may be or are fraudulent, misleading, offensive, or deceptive, or may be or are exploitative, inappropriate, or exert undue pressure on targeted groups
       • Multi-level marketing
       • Penny auctions
       • ICOs and binary options
       • Payday loans, Paycheck advances, P2P lending, debt collection, and bail bonds
       • Diet, weight loss, or other health related products that imply or attempt to generate negative self-perception.
   15. Real, virtual, or fake currency
       • Real money (cash or cash equivalent instruments and coins)
       • Replica or prop money
       • Digital or cryptocurrency
       • Active bank credit or debit cards
       • Store credit cards or coupons
       • Pre-paid credit or debit cards
       • Checks or checkbooks
       • Equipment to create counterfeit currency or financial instruments
   16. Third-Party Infringement - Transactions may not contain content that infringes upon or violates the intellectual property rights of any third party, including copyright or trademark. This includes, but is not limited to, the sale of counterfeit products, such as goods that copy the trademark (name or logo) and/or distinctive features of another company's products to imitate a genuine product.
       • Counterfeits, knockoffs, or replicas of branded goods, or posts offering goods that are likely to confuse consumers about the source, sponsorship or affiliation of those goods.
       • Unauthorized or pirated copies of copyrighted works, such as videos, movies, TV shows and broadcasts, video games, CDs or other musical works, books, etc.
   17. Any other Illegal products or services.

5. Intellectual property
   1. We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform.
   2. Users may print off one copy, and may download extracts, of any page(s) from the Platform for personal reference and may draw the attention of others within the User's organisation to material available on the Platform.
   3. Users must not modify the paper or digital copies of any materials printed off or downloaded in any way, and must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
   4. Users must not use any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
   5. If a User prints, copies or downloads any part of the Platform in breach of these Terms of Use, such User's right to use the Platform will cease immediately and each User must, at our option, return or destroy any copies of the materials they have made.

14. Treatment of information provided by Users
    We process information provided by the Parties to us in accordance with our Privacy Policy.
15. Third Party Content
    1. We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between the Users and us, each Party hereby assumes all risk of harm or injury resulting from any such lack of compliance.
    2. Users acknowledge that while accessing a link that leaves the Platform, the site a Party will enter into is not controlled by us and different terms of use and privacy policy may apply. By assessing links to other sites, Users acknowledge that we are not responsible for those sites. We reserve the right to disable links to and / or from third-party sites to the Platform, although we are under no obligation to do so.

16. Severability
    If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.
17. Non-assignment
    Each Party shall not assign or transfer or purport to assign or transfer the contract between a Party and us to any other person.
18. Governing law and dispute resolution
    These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Bangalore, India.
19. IP Notice and Take Down Policy
    1. BTPL has put in place IP Notice and Take Down Policy ("Take Down Policy") so that intellectual property owners could easily report listings that infringe their right to ensure that infringing products are removed from the site, as they erode Buyer and good Seller trust.
    2. Only the intellectual property rights owner can report potentially infringing products or listings through Take Down Policy by way of Notice of infringement in the specified format. If a Party is not the intellectual property rights owner, it can still help by getting in touch with the rights owner and encouraging them to contact us. If you infringe the intellectual property rights of others, we may take action with respect to your account, including disabling or suspending your account.
       (Note: BTPL does not and cannot verify that Merchants have the right or ability to sell or distribute their listed products. However, BTPL is committed ensure that item listings do not infringe upon intellectual property rights of third parties once an authorized representative of the rights owner properly reports them to BTPL.)

20. Contact Us
    Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform.
    Grievance officer
    In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Ashwin Goyal
Bundl Technologies Private Limited
Reg Office: No. 55, Sy No. 8-14, Ground Floor,
I & J Block, Embassy Tech Village, Outer Ring Rd,
Devarabisanahalli, Kadabeesanahalli,
Bengaluru, Karnataka 560103
Phone: +917022323339
Email: hi@getsync.app
Time: Mon - Sat (9:00 - 18:00)