Welcome to ByteRuns!
By using the ByteRuns Platform, you expressly agree to be bound by the Terms. So please read these carefully before continuing to use the ByteRuns Platform. If you do not agree with any of these terms, please do not use this ByteRuns Platform. If you have any questions about these Terms, please contact us at info@digitalprudentia.com (9:30 AM to 7:30 PM, 365 days). Please note that your access to the Services, other platforms, or utilization of Products (defined below), offers or promotions with the Products as may be provided by ByteRuns or its affiliates, may be governed by other terms and conditions, policies, or guidelines (“Additional Terms”) along with these Terms. If these Terms are inconsistent with any Additional Terms, the Additional Terms will control to the extent of such inconsistency concerning the applicable Service or utilisation of the Product. These Terms govern your use of the ByteRuns Platform and transactions or dealings thereon.
For these Terms: (a) “ByteRuns Platform” means the www.byteruns.com, which includes its corresponding application/website/tablet/desktop or any other digital mode and/or operating system as provided by ByteRuns, on which you may avail the Services and includes applications controlled and managed by ByteRuns which interact with one or more such mobile applications/websites/tablets and digital modes as provided by ByteRuns; (b) “Products” shall mean the variety of products offered for sale to you on the ByteRuns Platform; and (c) ByteRuns and you are hereinafter individually referred to as “Party” and collectively as “Parties”.
These Terms are divided into 2 (two) parts. Please carefully read all the parts to understand the conditions applicable in case of usage of the ByteRuns Platform and for the purchase of Products thereof.
PART A – TERMS AND CONDITIONS FOR USAGE OF THE PLATFORM
- General
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- The terms and conditions for usage of the ByteRuns Platform as set out herein (“Terms of Use”) specifically govern your access and use of the ByteRuns Platform, which provides a forum for you to inter alia enable you to discover, select, and buy Products listed on ByteRuns Platform at the indicated price at any time, from the serviceable locations serviceable by ByteRuns.
- Please note that we may from time to time change the Terms of Use that govern your use of the ByteRuns Platform. Every time you wish to use our ByteRuns Platform, please check these Terms of Use to ensure you understand the terms and conditions that apply at that time. Further, please note that ByteRuns reserves its right to either change the format and the content of the ByteRuns Platform or it may suspend the operation of the ByteRuns Platform for support or maintenance work, to update the content, or for any other reason, at any time.
- Any accessing, browsing, or otherwise using the ByteRuns Platform indicates your agreement to these Terms of Use, the privacy policy of ByteRuns Platform, and any other policies or guidelines that may be applicable on the ByteRuns Platform at the time of your access and usage of the ByteRuns Platform and which may be updated from time to time (collectively, the “Agreement”).
- This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as may be applicable, and the amended provisions of electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- We authorize you to view and access the ByteRunsl Platform solely for identifying Products, carrying out purchases of Products, and processing returns and refunds, per the Cancellation and Return Policy, therefore, grant you a limited, revocable permission to access and use the Services.
- By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into this Agreement and to abide by and comply with this Agreement. If a user is below 18 (Eighteen) years of age, it is assumed that he/she is using/browsing the ByteRuns Platform under the supervision of his/her parent or legal guardian and that such user’s parent or legal guardian has read and agrees to the terms of this Agreement, including terms of purchase of Products on behalf of the minor user. In the event we are made aware that a user is under the age of 18 and is using/browsing the ByteRuns Platform without the supervision of his/her parent or legal guardian, we reserve the right to deactivate such user’s account without further notice. Further, if you are using the Services on behalf of a company or organization, you represent that you have the authority to act on behalf of that entity and that such entity accepts this Agreement.
- If you have any query regarding the Terms, you may contact us at info@digitalprudentia.com (between 9:30 am and 7:30 pm) (“Customer Service”). Please be informed that ByteRuns reserves all the rights in the ByteRuns Platform.
Registration of Your Account
- To use the ByteRuns Platform and/or avail of the Services, you must register on the Platform. Registration is a one-time process. You will be eligible to further access and avail of the Services only upon receipt of a confirmation e-mail from us after filling in the necessary forms and after providing the necessary details as may be required by us at the time of your registration.
- You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the login credentials of your account on the ByteRuns Platform and to restrict access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You shall remain solely liable for all the actions undertaken through your account. It is your responsibility to maintain the confidentiality of your email accounts/mobile SMSs where ByteRuns may send a login PIN/password. It is recommended to change your PIN/password frequently.
- You will: (a) immediately inform ByteRuns of any unauthorized use of the account or any other security breach; and (b) ensure that you log out of your account at the end of each session. We, our employees, agents, directors, and officers will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms of Use. You may be held liable for any losses incurred to ByteRuns or any other user due to unauthorized use of their account by you. We reserve the right to refuse access to the Platform, terminate accounts, or remove or edit content at any time without notice to you.
Account Deletion for iOS users
- Once account deletion is initiated by the user, the account will be permanently deleted within 30 days. In these 30 days, you can still access your account, however won’t be able to place new orders. Post account deletion after 30 days, you will lose access to all your data including order history, saved payment details, etc. You will not be able to recover your account in the future. If you decide later that you want to start shopping from us again or use other features that require an account, you’ll need to create a new one. Before you proceed, please ensure that there are no open orders. Orders in transit will be delivered as scheduled and you will receive communication on the same. Still, you won’t be able to initiate a return/exchange once your account is permanently deleted. All rewards in the form of Store Credit(Jio Wallet) will no longer be valid. However, ROne loyalty points will remain associated with the mobile number. ByteRuns will retain your transaction history and associated information as required under the applicable regulations.
Communication and Unsubscription
By accepting the Terms of Use, you also accept to receive news, updates, offers/ campaign related SMS, to the mobile phone number provided by you. By accessing and using the ByteRuns Platform and/ or verifying your contact number with us, you explicitly consent to receive such communications (through call, SMS, email, or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.
You can unsubscribe/opt-out from receiving marketing/ promotional communications, newsletters, and other notifications from ByteRuns at any time by following the instructions set out in such communications.
Disclaimer of Warranties, Inaccuracies or Errors
- ByteRuns will try to ensure that all information and recommendations, whether with the Products, Services, offerings, or otherwise (hereinafter “Information”), provided as part of this ByteRuns is correct at the time of inclusion on the ByteRuns Platform, ByteRuns does not guarantee the accuracy of the Information. ByteRuns makes no representations or warranties as to the completeness or accuracy of Information.
- ByteRuns does not commit to update or correct any Information that appears on the ByteRuns Platform.
- You agree that Information is being supplied to you on the condition that you will make your determination as to the suitability of such information for your purpose before use or in connection with the making of any decision. No Information on the ByteRuns Platform shall constitute an invitation to invest in ByteRuns or any affiliates. Any use of this ByteRuns Platform or the Information is at your own risk. Neither we, our affiliates, nor their officers, employees, or agents shall be liable for any loss, damage, or expense arising out of any access to, use of, or ByteRuns upon, this website, the Information, or any third-party website linked to this ByteRuns Platform. ByteRuns is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third-party platforms, you are doing so entirely at your own risk and expense.
- As a means to assist the users in identifying the Products of their choice, we provide visual representations on the ByteRuns Platform through graphics, illustrations, photographs, videos, charts, screenshots, infographics, and other visual aids. While reasonable efforts are made to provide accurate visual representation, we disclaim any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to users. The appearance/color of the Products when delivered may differ for various reasons.
- Nothing contained herein is to be construed as a recommendation to use any Product, process, equipment, or formulation, in conflict with any patent, or otherwise and ByteRuns makes no representation or warranty, express or implied that the use thereof will not infringe any patent, or otherwise.
- ByteRuns does not covenant or provide any representations and warranties:
- In respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including Product or pricing information and/or specifications) on ByteRuns Platform;
- That the Services will be made available at all times; and
- That the operation of ByteRuns Platform, including the functions ByteRuns contained in any content, information, and materials on ByteRuns Platform or services linked to ByteRuns Platform will be uninterrupted, or that the defects will be rectified, or that ByteRuns Platform or the servers that make such content, information, and materials available are free of viruses or other harmful components.
- THIS ByteRuns PLATFORM AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES. ByteRuns, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, CONCERNING THE ByteRuns PLATFORM, THE INFORMATION OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS. ByteRuns WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF ByteRuns HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- ByteRuns Disclaimer – To the extent permitted by applicable law, ByteRuns, our officers, agents, employees, and directors disclaim any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorized access, theft, destruction, alteration or use of records on the ByteRuns Platform.
Availability and Accessibility of the Platform
- ByteRuns controls and operates this ByteRuns Platform from India and makes no representation that the materials and the content available on the ByteRuns Platform are appropriate to be used or will be available for use in other locations outside India. If you use this ByteRuns Platform from outside India, you are entirely responsible for compliance with all applicable local laws. These Terms of Use do not constitute, nor may these Terms of Use be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.
- ByteRuns has several websites offering Products, Services, content, and various other functionalities to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws, shipment, and other considerations. ByteRuns does not make any warranty or representation that a user in one region may obtain the Services from the ByteRuns site in another region and ByteRuns may cancel a user’s order or redirect a user to the site for that user’s region if a user attempts to order Services offered on a site in another region.
- Information that ByteRuns publishes on the World Wide Web may contain references or cross references to ByteRuns Products, programs, and Services that are not announced or available in your country. Such references do not imply that ByteRuns intends to announce such Products, programs, or Services in your country. Consult your local ByteRuns business contact for information regarding the Products, programs, and Services that may be available to you.
- We constantly monitor the user’s account to avoid fraudulent accounts and transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law and we reserve the right to recover the cost of goods, collection charges, and lawyer fees from persons using the ByteRuns Platform fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the ByteRuns Platform and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, before initiation of legal actions, we reserve the right to immediately delete such account and dishonor all past and pending orders without any liability. For this clause, we shall owe no liability for any refunds.
Third-Party Interaction and Links to Third-Party Sites
In your use of ByteRuns Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of ByteRuns Platform or access any other third-party website linked to the ByteRuns Platform. Unless otherwise stated, any such correspondence, advertisement, purchase, or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty, or representation associated with such correspondence, purchase, or promotion, is solely between you and the applicable third party. You agree that ByteRuns has no liability, obligation, or responsibility for any such correspondence, purchase promotion, access, or usage of any third-party website, and the contract under such instances remains between you and any such third party.
Copyrights in ByteRuns Content
- The ByteRuns contains material, including text, graphics, and sound, which is protected by copyright and/or other intellectual property rights (“ByteRuns Content”). All copyright and other intellectual property rights in the ByteRuns Content are either owned by ByteRuns or have been licensed to ByteRuns by the owner(s) for the rights. ByteRuns retains copyright on all Information, including text, graphics, and sound, and all trademarks displayed on the ByteRuns Platform are either owned by ByteRuns and used under the license by ByteRuns affiliates or licensed to us.
- You may use and display the ByteRuns Content only on your personal computer only for your personal use subject to the grant of a limited, revocable, personal, non-exclusive, and non-transferable license to you by Byte, only for identifying Products, carrying out purchases of Products and processing returns and refunds as per the Cancellation and Return Policy of ByteRuns and for using and printing copies of the information on the ByteRuns Platform for your personal use and store the files on your computer for personal use only and not for business purposes.
- You may not: (a) copy (whether by printing off onto paper, storing on disk, downloading, or in any other way), distribute (including distributing copies), download, display, perform, reproduce, distribute, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any ByteRuns Content contained in the ByteRuns Platform. These restrictions apply to all or part of the ByteRuns Content available on the ByteRuns Platform; (b) copy and distribute the Information on any other server, or modify or re-use text or graphics on this system or another system; (c) reproduce any part of the ByteRuns Platform or sell or distribute the same for commercial gain nor shall it be modified or incorporated in any other work, publication or web site, whether in hard copy or electronic format, including postings to any other web site; (d) remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from ByteRuns Platform; or (e) link any other material to the ByteRuns Platform, without our express written consent.
- The license granted to you does not include a license for (a) the resale of Products or commercial use of the ByteRuns Platform or ByteRuns Content, (b) any collection and use of product listings, descriptions, or prices, (c) any use of ByteRuns Platform, the Services and/or of ByteRuns Content other than as contemplated in these Terms of Use, (d) any downloading or copying of login credentials of user, (e) any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any parts of ByteRuns Digital Platform, and (e) creating and/ or publishing your database that features parts of the ByteRuns Platform.
- If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please write to us at info@digitalprudentia.com (9:30 AM to 7:30 PM, 365 days) and let us know of your concerns.
Trademarks
All the trade names associated with ByteRuns and all Products and logos denoted with TM or are trademarks or registered trademarks of ByteRuns or its affiliates. ByteRuns trademarks may not be used in connection with any product or service that is not a ByteRuns product or service.
Solution Box
- You agree not to use the Site or Services to:
- Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, or degrades others based on gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification or otherwise objectionable in any way;
- Harm or threaten to harm anyone in any way; “Stalk” or otherwise harass any other person or entity;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
- Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- Disseminate or transmit any content that violates any law (whether local, state, national, or international), infringes or violates any copyright, trademark, trade secret, patent, or any other proprietary right (including, but not limited to, using third-party copyrighted materials or trademarks without appropriate permission or attribution), or includes third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
- Disseminate or transmit any worms, viruses, or other harmful, disruptive, or destructive files, code, programs, or other similar technologies; or post any material that contains software viruses or any other computer code, files, programs, or other similar technologies designed to interrupt, destroy, or limit the functionality of any computer software hardware or telecommunications equipment; Manipulate identifiers to disguise the origin of any comment you post on the Site; Post any content or submit any feedback that would violate the personal privacy rights of others, including but not limited to revealing personal or private information about others without their permission; or Facilitate violations of these Terms of Service or the Privacy Policy.
- ByteRuns reserves the right to take any action it deems appropriate if it determines, in its sole and absolute discretion, that you have engaged in any of these practices or otherwise violated these Terms of Service. Such action may include removing any of your content, canceling the account of any user ByteRuns believes to violate the Terms of Service, terminating your license to access the Site or use the Services, or initiating civil or criminal legal proceedings. Internet transmissions are never completely secure.
- We do not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials you submit for display or distribution to others through the Services (collectively, “User Submissions”). As between you and us, you own all rights to your User Submissions. However, you grant to us and our affiliates, representatives, sublicensees, and assigns an irrevocable, perpetual, non-exclusive, fully-paid, license (sublicensable through multiple tiers) throughout the universe to use, distribute, syndicate, license, reproduce, modify, adapt, publish, translate, publicly perform, create derivate works and publicly display your User Submissions (in whole or in part) in any format or medium now known or later developed; provided, however, that the exercise of our rights under the foregoing license shall at all times be subject to the limitations upon disclosure of your User Submissions imposed on us under our Privacy Policy. We reserve the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes without any compensation to you. These advertisements may be targeted to the content or information stored on the Services.
- In consideration for us granting you access and use of the Services, you agree that we may place such advertisements throughout our Services.
- We do not pre-screen User Submissions, and you agree that you are solely responsible for all of your User Submissions. We are not required to host, display, or distribute any User Submissions, and may remove at any time or refuse any User Submissions. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. You represent and warrant that your User Submissions and our authorized use of such submissions do not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights). You, and not we, are responsible for any consequences of sharing personal information about yourself in public areas of the Service, such as your home address or the home address of others.
- We own all rights, titles, and interests in any compilation, collective work, or other derivative work created by us using or incorporating your content (but not your original content). When you use a feature on the Services that allows users to share, transform, readapt, modify, or combine user content with other content, you grant us and our users an irrevocable, non-exclusive, royalty-free, perpetual, right and license in the universe to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate your content in any medium and through any form of technology or distribution and to permit any derivative works to be licensed under these same license terms. The rights granted under this Section 2 will survive the termination of these Terms.
- All content and materials provided on the Services are intended for general information, general discussion, education, and entertainment purposes only. Do not construe that such content is either endorsed or verified by us. THE CONTENT IS PROVIDED “AS IS,” AND YOUR USE OR ByteRuns ON SUCH MATERIALS ARE SOLELY AT YOUR OWN RISK.
- The Comments section across articles published on the Solution Box is intended for visitors, users, and customers of the website to express their views and/or to make comments that prove useful to the community or public at large, as well as enable one to find and make use of the information that aids in expanding understanding/knowledge on a subject or to inch closer in making the right shopping decision. While we welcome comments and suggestions from customers/users, one has to follow certain protocols for the betterment of the community. All comments/views posted shall be moderated by us for objectionable content and only ones that are in the clear will be made visible.
- The following key rules/terms are to be noted and followed while posting or making comments.
- Do not spam, nobody likes spam, and is best avoided
- Provide facts to back up your opinion.
- Be concise in your response.
- Make relevant, unbiased, quality posts/comments – one that enriches the value of the content
- No profanity, abuse, or insults. Do not comment on personal, regional, or any other lines that antagonize the community
- Do not post any hyperlinks in the post
- While commenting please stay relevant to the context
- Solution Box or its legal entity/director/employees will not be responsible or liable for the comments/views/posts expressed by the user/customer.
- Do not solicit and advertise for personal blogs and websites or any other purpose
- You agree not to raise any objection to receiving e-mail/communication including marketing promotional communication from ByteRuns/Us.
- Do not comment or post content that may infringe copyright or intellectual property rights of others or other applicable laws or regulations.
- ANY MATERIAL OBTAINED BY YOU THROUGH THE USE OF THE SITE OR SERVICES IS OBTAINED AT YOUR DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OR USE OF ANY THIRD-PARTY SOFTWARE OR MATERIAL.
- You acknowledge, consent, and agree that ByteRuns may access, preserve, and disclose your account information and/or any content you submit or make available for inclusion on the Site and/or Services if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary for any of the following reasons: (1) to comply with legal process; (2) to enforce these Terms of Service; (3) to respond to claims that any content violates the rights of third parties; (4) to protect the rights, property, or personal safety of ByteRuns, its users, and the public; or (5) to respond to your requests for customer service.
- DISCLAIMER: NO CONTENT ON OUR WEBSITE OR THIS SOLUTION BOX IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER FINANCIAL, TECHNICAL, LEGAL OR OTHERWISE. ByteRuns IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY CONSEQUENCES WHETHER DIRECTLY OR INDIRECTLY TO ANY ACTION YOU TAKE OR FAIL TO TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE SITE. YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ByteRuns EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR ByteRuns PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- ByteRuns MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE.
License and Use of Your Content
- You grant ByteRuns a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by you on the ByteRuns Platform without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim overall feedback, comments, ideas or suggestions or any other content provided through or on the ByteRuns Platform. You agree to perform all further acts necessary to perfect any of the above rights granted by you to ByteRuns, including the execution of deeds and documents, at its request.
- You agree that ByteRuns does not routinely monitor your postings on the ByteRuns Platform but reserves the right to do so. However, if ByteRuns becomes aware of inappropriate use of the ByteRuns Platform or any of its Services, ByteRuns will respond in any way that, in its sole discretion, ByteRuns deems appropriate. You acknowledge that ByteRuns will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, ByteRuns will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet.
- Submissions and unauthorized use of any materials contained on the ByteRuns Platform may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations, and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your username and/or password. As such, you shall indemnify and hold ByteRuns and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any loss, costs, damages, liabilities, and expenses (including attorneys’ fees) incurred to, arising from, or to avoid, any claim or demand from a third party that your use of the ByteRuns Platform or the use of the ByteRuns Platform by any person using your user name and/or password (including without limitation your participation in the posting areas or your Submissions) violates any applicable law or regulation, or the rights of any third party.
- ByteRuns reserves the right to terminate access to this ByteRuns Platform at any time and without notice. Further, this limited license terminates automatically, without notice to you, if you breach any of these Terms of Use. Upon termination, you must immediately destroy any downloaded and printed materials. Any provision of the Terms of Use which imposes an obligation or creates a right that by its nature will be valid after the termination or expiration of the Terms of Use shall survive the termination or expiration of the Terms of Use.
User Warranties and Restrictions
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- You represent and warrant that: (a) your use of ByteRuns Platform and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to ByteRuns in connection with ByteRuns Platform and/or Services is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable Agreement and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, ByteRuns will have the right to reject registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify ByteRuns and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
- You will use ByteRuns Platform for lawful purposes only and will not undertake any activity that is harmful to ByteRuns Platform or its content or otherwise not envisaged through the ByteRuns Platform. You have a limited license to access and use ByteRuns Platform, solely to avail the Services, subject to these Terms of Use.
- You will not do any of the following:
- Delete or modify any content on ByteRuns Platform, such as any information regarding the Services, their performance, sales, or pricing;
- Use any engine, software, tool, agent, or other mechanism (such as spiders, robots, avatars, worms, time bombs, etc.) to navigate or search ByteRuns; Make false or malicious statements against the Services, ByteRuns; Post, copy, 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 disrupt or damage ByteRuns Platform and/or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of ByteRuns platform and/or the Services;
- Introduce any Trojans, viruses, any other malicious software, any bots, or scrape ByteRuns Platform for any information; Probe, scan, or test the vulnerability of any system, security, or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;
- Hack into or introduce malicious software of any kind onto ByteRuns Platform; Gain unauthorized access to, interfere with, damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services; or Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet.
- You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating, or sharing on or through ByteRuns Platform, any information that: Belongs to another person and to which you do not have any right; Is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
- Harms minors in any way;
- Infringes any patent, trademark, copyright, or other proprietary rights;
- Violates any law for the time being in force;
- Deceives or misleads the addressee about the origin of such messages or communicates any information that is grossly offensive or menacing;
- Impersonates or defames another person; or
- Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource.
- Indemnification and Limitation of Liability
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- You agree to indemnify, defend, and hold harmless Byteruns, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any third-party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of Byteruns Platform or the Services, violation of these Terms of Use, or infringement of any intellectual property or other rights of Byteruns or any third-party. Byteruns will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide Byteruns with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
- Applicable Law and Jurisdiction
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- These Terms of Use are governed by and to be interpreted per the laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising to these Terms of Use or any dispute arising to the Byteruns Platform whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located in Mumbai, India for the resolution of all such disputes.
- Force Majeure
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- Byteruns will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause that is beyond Byterun’s reasonable control.
- Waiver
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- No provision in these Terms of Use will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by Byteruns. Any consent by Byteruns to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
- Severability
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- If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms of Use and the remainder of these Terms of Use will be interpreted as if such provision were so excluded and will be enforceable following its terms; provided however that, in such event, these Terms of Use will be interpreted to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
- Amendment
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- These Terms of Use are subject to amendments and modifications and may be updated from time to time, without any advance notice. You are requested to regularly review the Terms of Use as available on Byteruns Platform. Your relationship with the Byteruns Platform will be governed by the most current version of these Terms of Use, as published on the Byteruns Platform.
- Miscellaneous
- In addition to these Terms of Use, you will also ensure that you comply with the terms and conditions of the third parties, such as bank offers terms and conditions, and brand promotional offers, whose links, if any, are contained/embedded in the Services. You agree that Byteruns will not be liable for any transaction between itself and any such third parties.
- These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to you by Byteruns, for the use of Byteruns Platform, and the rights and liabilities concerning any Services to be provided by Byteruns shall be limited to the scope of these Terms of Use.
PART B – TERMS AND CONDITIONS OF SALE ON THE PLATFORM
Welcome to ByteRuns Platform!
For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Platform by providing Registration Data while registering on the Platform as Registered User using the computer systems. ByteRuns allows the User to surf the Platform or making purchases without registering on the Platform. The term “We”, “Us”, “Our” shall mean ByteRuns.
By placing an order for any Product with us or making a purchase of the Product, you expressly agree to be bound by these Terms of Sale. These Terms of Sale are in addition to various Agreements, Privacy Policies, Terms of Use, and all other policies of ByteRuns Platform. These Terms of Sale constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- Our Contract of Sale
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- Listing and display of a Product by us on ByteRuns Platform is our invitation to you to make an offer for purchase of such Product. Likewise, the placement of an order on the ByteRuns Platform by you is your offer to buy the Product(s) from us.
- Once you have placed an order with us for the purchase of a Product, you will receive an e-mail and/or mobile confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is merely an acknowledgment that we have received your order and does not signify our acceptance of your offer.
- We only accept your offer and conclude the contract of sale for a Product ordered by you, when the Product is shipped or dispatched to you and an e-mail and/or registered mobile number confirmation is sent to you that the Product has been shipped or dispatched to you (the “Shipment Confirmation”). We reserve the right, at our sole discretion, to refuse or cancel any order for any reason whatsoever before sending Shipment Confirmation to you.
- If your order is dispatched in more than one package, you may receive separate Shipment Confirmations for each package, and each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between you and us for the Product(s) specified in that Shipment Confirmation.
- Any communication from us shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible for updating your registered mobile number and/or email address on the ByteRuns Platform in the event there is a change. Further, we may also send you notifications and reminders concerning scheduled deliveries of the purchased Products. While we shall make every endeavor to share prompt reminders and notifications relating to the delivery of purchased Product(s) with you, we shall not be held liable for any failure to send such notifications or reminders to you.
- Your contract is with us and you confirm that the Product(s) ordered by you are purchased for your internal/personal purpose and not for resale or business purpose. Please note that we sell Products only in quantities which correspond to the usual requirements of an average household. This applies both to the number of Products ordered within a single order and the placing of several orders for the same Product where the individual orders comprise a quantity typical for a normal household.
- You can cancel your order for a Product at no cost at any time before we send the Shipment Confirmation relating to that Product.
- All orders placed on the ByteRuns Platform are subject to the availability of such Product, our acceptance of your offer as per the above, and your continued adherence to these Terms of Sale.
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- Cancellation and Return
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- Please read the Cancellation and Return Policy of ByteRuns Platform, which applies to Products sold by us
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- Product Availability
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- We list availability information for the Products on the relevant webpage of ByteRuns Platform. Beyond what we say on that webpage or otherwise on ByteRuns Platform, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail and/or mobile if any Products you order turn out to be unavailable or out of stock.
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- Product Pricing
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- All prices are listed in Indian Rupees. Price, as displayed, is inclusive of all applicable taxes.
- Products in your shopping cart on ByteRuns Platform will reflect the most recent price as displayed on the Product’s information webpage on the ByteRuns Platform. Please note that this price may differ from the price shown for the Product when you first placed it in your shopping cart. Placing a Product in your shopping cart does not reserve the price shown at that time. It is also possible that a Product’s price may decrease between the time you place it in your shopping cart and the time you place the order. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery.
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- Licenses
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- You acknowledge that there may be licenses/permissions required under the applicable laws to use, purchase, or otherwise possess certain Product(s). You will be solely responsible for obtaining such licenses/permissions and complying with the terms of such licenses/permissions.
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- Taxes
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- You shall be responsible for payment of all fees/costs/charges associated with the purchase of Products from us and you agree to bear any applicable taxes.
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- Eligibility
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- Only persons who can enter into legally binding contracts as per the Indian Contract Act, 1872, i.e. persons who are 18 years of age or older, are of sound mind and are not disqualified from entering into contracts by any law, can use ByteRuns Platform and place an order with us. If you are a minor i.e. under the age of 18 years, you may purchase the Product on ByteRuns Platform only with the involvement of a parent or guardian.
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- Limitation of Liability
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- In no event does our aggregate liability, if any, that is proven and ordered by a court of competent jurisdiction according to a claim by you or a person acting on your behalf, extend beyond the money charged from you for purchases made according to an order under which such liability has arisen and been established. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of Product by us to you was formed.
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- Amendments
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- We reserve the right to make changes to our policies, and these Terms of Sale at any time. You will be subject to the policies and Terms of Sale in force at the time you order the Product from us unless any change to those policies or these Terms of Sale is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
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- Force Majeure
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- We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.
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- Waiver
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- No provision in these Terms of Sale will be deemed waived and no breach excused unless such waiver or consent is in writing and signed by us. Our consent to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
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- Governing Law and Dispute Resolution
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- These Terms of Sale, all transactions consummated between you and us, and our relationship with you are governed by the laws of India, without reference to any conflict of laws principles and with exclusive jurisdiction to the courts of Mumbai.
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- Miscellaneous
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- In addition to these Terms of Sale, you will also ensure that you comply with the terms and conditions of the third parties, such as bank offers terms and conditions, and brand promotional offers, whose links, if any, are contained/embedded in the Terms of Use.
- These Terms of Sale supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the purchase of Product.