Terms & Condition

TERMS & CONDITIONS FOR THE USER

1. USER ELIGIBILITY

   Use of the PinkNBlu Platforms is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the PinkNBlu Platforms. If You are a minor i.e. under the age of 18 years, You shall not be eligible as a User of the PinkNBlu Platforms and shall not transact on or use the PinkNBlu Platforms. PinkNBlu reserves the right to deactivate and / or refuse to provide You with access to the Platforms if it is brought to Our notice or if it is discovered that You are under the age of 18 years.

2. PLATFORM FOR THE PRODUCTS AND SERVICES

    

   1. You agree that PinkNBlu acts as a facilitator between the User and the Vendor. It is a platform through which Users can purchase various goods and avail services related to child care and care for their family from third party Vendors all over India.
   2. PinkNBlu is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. PinkNBlu is only providing a platform for communication and it is agreed that any sale of the products or services shall be a strictly bipartite understanding between the User and the Vendor.
   3. We enable parents to connect with experts and other parents to make better and more informed decisions. The services provided by PinkNBlu include, but are not limited to, reviewing, rating, commenting, communicating with other Users and Vendors.

    

3. YOUR ACCOUNT

    

   1. In consideration of Your use of the PinkNBlu Platforms, You agree to:

       

      1. Provide accurate, current and complete information about You as may be prompted by any registration forms and subscription, including, but without limiting, Your name, telephone number, mailing address, bank account details, account and email address on the PinkNBlu Platforms ("Registration Data");
      2. Maintain and promptly update the Registration Data, and any other information You provide to PinkNBlu, to keep it accurate, current and complete;
      3. Maintain confidentiality of Your password and identification;
      4. Notify PinkNBlu immediately of any unauthorized use of Your account or other breach of security;
      5. Any licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the services shall be obtained by You at Your own cost;
      6. Accept all responsibility for any and all activities that occur under Your account (whether through authorized or unauthorized access) including, but without limitation to, information retrieved, stored and transmitted through the PinkNBlu Platforms by You;
      7. Accept all risks of unauthorized access to the Registration Data and any other information You provide to PinkNBlu; and
      8. You will ensure compliance with all notices or instructions given by PinkNBlu from time to time to enable the use of the the PinkNBlu Platforms.

       

   2. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the these Terms, We shall have the right to indefinitely suspend or terminate or block access of Your account on the PinkNBlu Platforms and refuse to provide You with access to the PinkNBlu Platforms.

    

4. REGISTRATION

    

   1. PinkNBlu allows You to either sign in to the PinkNBlu Platforms with Your Facebook/Gmail account or to sign in with Your email address to register with Us.
   2. PinkNBlu is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. PinkNBlu is only providing a platform for communication and it is agreed that any sale of the products or services shall be a strictly bipartite understanding between the User and the Vendor.
   3. Registration on the PinkNBlu App Platforms is free for Users. PinkNBlu does not charge the User any fee for browsing and ordering on the PinkNBlu Platforms. PinkNBlu reserves the right to change its fee policy from time to time. In particolar, PinkNBlu may at its sole discretion introduce new services and modify some or all of the existing services offered on the PinkNBlu Platforms. In such an event PinkNBlu reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the PinkNBlu Platforms and such changes shall automatically become effective immediately after they are posted on the PinkNBlu Platforms. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to PinkNBlu.

    

5. USER TERMS

    

   1. PinkNBlu reserves the right, at its sole and absolute discretion, to determine whether anything posted by You is appropriate; and to remove it, without notice or liability to You, which it determines to be inappropriate. Without limiting the generality of the foregoing, the following is a partial and non exhaustive list of the type of activities that PinkNBlu deems to be inappropriate:
   2. Content that criticizes a business or individual beyond that of merely offering an opinion;
   3. Content that harasses or advocates harassment of another person;
   4. Content that exploits people in a sexual or violent manner; that contains nudity, violence, or offensive subject matter or contains a link to an adolt site;
   5. Content that includes racially, ethically, or otherwise objectionable language;
   6. Content that is libelous, defamatory, or otherwise tortious language;
   7. Content that solicits personal information from anyone under 18 years of age;
   8. Content that promotes information known to be false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
   9. Content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
   10. Copying, modifying, translating, publishing, broadcasting, transmitting, licensing, sublicensing, assigning, distributing, performing, publicly displaying, or selling any PinkNBlu content appearing on or through the PinkNBlu Platforms.
   11. PinkNBlu expressly reserves the right to investigate and take appropriate legal action against anyone who, in PinkNBlu’s sole discretion, violates this provision, including without limitation, reporting You to the law enforcement authorities.

    

6. CONFIDENTIAL AND PERSONAL DATA/INFORMATION

    

   1. Any personal and identifiable information that is required to be collected by Us shall be kept confidential in accordance with the provisions of our Privacy Policy. In addition to the Privacy Policy, the provisions of the following laws/ roles/ guidelines/ regolations shall be applicable to the use of these Platforms:

       

      1. The provisions of Information Technology Act, 2000 relating to processing of personal data as may be amended from time to time;
      2. The provisions of the Information Technology (Intermediary Guidelines) Roles, 2011 as may be amended from time to time;
      3. The provisions of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Roles, 2011 as may be amended from time to time.

       

    

7. INTELLECTUAL PROPERTY RIGHTS

    

   1. Subject to Part B Clause 6, PinkNBlu is the sole owner or lawfol licensee of all the rights of the PinkNBlu Platforms and its content. For the purpose of this clause, the content on the PinkNBlu Platforms includes its design, layout, text, images, graphics, sound, video, etc as well as non superficially visual functional elements. The title, ownership and intellectual property rights in the PinkNBlu Platforms and its content shall remain with PinkNBlu, its affiliates or licensors of the content, as the case may be.
   2. Trademark: 'PinkNBlu' and related icons and logos are registered or registration has been applied for by PinkNBlu in various jurisdictions and the same is protected under applicable trademark and other intellectual property laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited and shall be subject to appropriate legal proceedings against the unauthorized user.
   3. Copyright: All content on the PinkNBlu Platforms is the copyright of PinkNBlu except the third party content and links to third party sites on the PinkNBlu Platforms, if any.
   4. PinkNBlu doesn’t claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials that are provided directly by the user and which are uploaded, submitted, or embed on the PinkNBlu Platforms.
   5. References that We make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply Our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by You as a resolt of an advertisement or any other information or offer in or in connection with the PinkNBlu.
   6. PinkNBlu does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any kind. You are advised to independently verify the bona fides of any particolar “resource” that You choose to deal with on the PinkNBlu Platforms and use Your best judgment in that behalf.
   7. You realize and indemnify PinkNBlu 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 PinkNBlu Platforms and specifically waive any claims that You may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, PinkNBlu cannot take responsibility or control the information provided by other Users which is made available on the PinkNBlu Platforms. You may find other User's information to be offensive, harmfol, inconsistent, inaccurate, or deceptive. Please use caution and exercise Your own judgment when using the PinkNBlu Platforms.

    

 

B. GENERAL PROVISIONS

1. FORCE MAJEURE

   You understand and agree that PinkNBlu will not be held liable for any loss or damage with respect to the use of the PinkNBlu Platforms, if the same arises out of any cause due to which PinkNBlu is wholly or partly unable to perform its obligations and which is not reasonably within the control of PinkNBlu. Further, PinkNBlu will not liable for any loss or damage which is not a resolt of the faolt or negligence of PinkNBlu or which occurs despite all reasonable attempts of PinkNBlu to avoid or mitigate the same. This includes without limitation, acts of God, war, riots, civil disturbances, cyclones, hurricanes, floods, earthquakes, storms and other natural calamities, epidemics, plagues, terrorist attacks, accidents, trade restrictions, acts of any government authority leading to a delay in adhering to the time lines of delivery, strikes, labour, employee difficolties and other events or circumstances that are beyond the reasonable control of PinkNBlu.

2. INDEMNIFICATION

   You agree to indemnify and hold Us and (as applicable) Our officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your breach of these Terms or your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive the termination of these Terms.

3. TERMINATION

   You understand and agree that PinkNBlu reserves the right to terminate Your registration and / or terminate Your right to use the PinkNBlu Platforms for any reason whatsoever, including without limitation, any act or omission in contravention of the Privacy Policy or of these Terms. You further understand and agree that any such termination may be effected without prior notice to You and You acknowledge and agree that PinkNBlu may delete or deactivate Your account immediately upon detecting any such reason, including without limitation, the contravention of the Privacy Policy or of these Terms.

4. APPLICABLE LAW

    

   1. The PinkNBlu Platforms have been designed to comply with the laws of India and hence We shall be governed by the laws of India. If any material on the PinkNBlu Platforms or Your use of the PinkNBlu Platforms is contrary to the laws of the country / state where You are when You access it, We ask You not to use the PinkNBlu Platforms in contravention of such law. You are responsible for being aware of the laws of Your jurisdiction and complying with them.
   2. Further, the courts of Bengaluru shall have exclusive jurisdiction in case of any preliminary relief sought in respect of all the terms, conditions and disclaimers.

    

5. DISPUTE RESOLUTION

   All disputes or differences arising between You and PinkNBlu as to these Terms or any other matter in relation to or in connection with Your use of the PinkNBlu Platforms, shall be referred to a single arbitrator who shall be appointed by Us as per the provisions of the Arbitration and Conciliation Act, 1996 or any amendments thereto. The seat of arbitration shall be Bengaluru and the language shall be English.

6. MISCELLANEOUS

   You agree and acknowledge You are solely responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in foll force and effect. These Terms constitute the entire agreement between Us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms. PinkNBlu reserves the right to investigate complaints or reported violations of these Terms and to take any action, we deem necessary and appropriate. Such action may include reporting any suspected unlawfol activity to law enforcement officials, regolators, or other third parties. In addition, We may take action to disclose any information necessary or appropriate to such persons or entities relating to User profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. PinkNBlu reserves the right to seek all remedies available at law and in equity for violations of these Terms.

7. NOTICES

   All of Our notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid, (b) if delivered by overnight courier, or (c) if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or e-mail address specified on the Order for the recipient of such notice. All of Your notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid or if delivered by overnight courier, to Our address.

8. GREVIANCE OFFICER

   In accordance with Information Technology Act 2000 and roles made there under, the name and contact details of the Grievance Officer who can be contacted with respect to any complaints or concerns including those pertaining to breach of these Terms, and other polices or questions are published as under:

   Greviance officer name:Varun Vijayvargiya

   E-mail address: info@pinknblu.com

   [10:00 AM to 6:00 PM from Monday to Friday except Public Holidays]