Terms of Use
Last Updated: [26/05/2024]
General
These terms and conditions (“Terms”) govern the access to and use of our website www.bonito.in (“Site”) and any associated software or mobile applications (collectively, the “Platform”) and services provided by BONITO DESIGNS PRIVATE LIMITED (“Bonito”, “we”, “us”, “our”) via the Platform (collectively, the “Services”). The Terms include our Customer Guidelines, Bonito Quality Commitment, Cancellation Policy, Return, Exchange & Refund Policy, Payment Policy, and Privacy Policy.
The Terms apply to all users of the Platform and/or Services (collectively “Users”, each a “User”, “you”, “your”, and “yours”) and constitute a legally binding agreement between each User and Bonito. Please read these Terms carefully before registering with Bonito or accessing any materials, information, purchasing products, or availing services on the Platform. If you do not agree with any of these Terms or our Privacy Policy, please do not use the Platform or the Services. By registering on the Platform, you confirm that you are legally competent to enter into a contract and transact on the Platform.
Access to or use of certain areas or features of the Platform and/or Services may be subject to separate policies, standards, or guidelines, or may require Users to accept additional terms and conditions as published on the Platform or through a separate written agreement. Bonito reserves the right to modify these Terms at any time in its sole discretion. Users should periodically review the Terms on the Platform to stay informed of any changes. In the event of any changes to the Terms, we will notify Users via email or post the changes on the Platform and update the “Last Updated” date. Changes will not apply retroactively. Continued use of the Platform and/or Services after any changes signifies acceptance of the revised Terms.
Definitions
∙“Content”: Any data, text, software, music, sound, photographs, graphics, video, messages, or other materials, including logos, trademarks, copyrighted materials, and Third Party Resources, displayed, published, or made available through the Platform.
∙“Day”: Any reference to “Day” herein shall mean “Business Day” and includes all days of the week except Saturday, Sunday, other days declared to be bank holidays, and all national holidays.
∙“Intellectual Property Rights”: All intellectual property rights, including copyright, patents, trademarks, design rights, database rights, know-how, trade secrets, and rights of confidence in connection with the Platform, Services, and/or Content.
∙“Bonito Technology”: Bonito’s proprietary technology underlying the Platform and/or Services, including designs, software tools, hardware designs, algorithms, software (source and object forms), source codes, user interface designs, architecture, class libraries, objects, documentation, know-how, trade secrets, and related intellectual property rights.
∙“Bonito Partners”: Freelance designers, design studios, contracting firms, or design & build studios associated with Bonito as independent service providers.
∙“Third Party Vendors and Service Providers”: Independent vendors and/or service providers offering products or services via the Platform, including Bonito Partners.
∙“User’s Content”: Any data, text, software, music, sound, photographs, graphics, video, messages, or other materials, including logos, trademarks, and copyrighted materials displayed, published, or made available by any User through the Platform.
Eligibility
Users must be at least 18 years old and capable of entering into legally binding contracts to access and use the Services and/or register an account with Bonito. By accessing or using the Platform and/or Services, Users represent and warrant that they are 18 or older and have the legal capacity to enter into a contract. If you are acting on behalf of another person or entity, you confirm that you have the authority to bind that person or entity to these Terms.
Account Registration
To avail services or purchase products from Third Party Vendors and Service Providers on the Bonito Platform, you must register and create an account (“Account”) by providing necessary details including your name, address, and contact information. You are responsible for ensuring that the information provided is accurate and up-to-date. Any changes must be promptly updated on the Platform via your Account. You are responsible for maintaining the confidentiality of your Account and its information, and are fully responsible for all activities that occur under your Account. Bonito will not be liable for any loss or damage arising from your failure to comply with this provision.
By registering for an Account, you authorize Bonito to collect, store, retain, process, and use your personal data in accordance with our Privacy Policy. You permit Bonito to contact you via phone, SMS, WhatsApp, or email regarding the Service. Your personal data will be kept confidential in accordance with the Privacy Policy. You may designate other individuals as “Authorized Users” to access and use your Account.
While Authorized Users can perform transactions and update details, you remain fully liable for their actions. You agree to (i) notify Bonito immediately of any unauthorized use of your Account or breach of security, and (ii) ensure that you or Authorized Users log out from your Account at the end of each session. Bonito is not liable for any loss or damage arising from your failure to comply with these provisions.
We may establish general practices and limits concerning use of the Platform, including the maximum period of time data will be retained and the maximum storage space allotted on our servers. We have no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Platform. We reserve the right to terminate any Account that is inactive for an extended period and to change these general practices and limits at any time, with or without notice.
You may not assign or transfer your Account to any other person without prior written authorization from Bonito.
Our Services
Bonito provides a comprehensive platform for home interior design services, including execution of the finalized design and purchase of products and services from Third Party Vendors and Service Providers. Users must make payments in accordance with our Payment Terms. Bonito ensures that all Third-Party Vendors or Service Providers provide warranties on civil and woodwork-related items.
Bonito is not responsible for setting or controlling the prices displayed on the Platform by Third Party Vendors and Service Providers. These vendors are solely responsible for their products or services, and Bonito does not provide any warranty or guarantee regarding the quality, safety, or legality of their offerings. Bonito’s responsibility is to ensure that Users and Third-Party Vendors and Service Providers interact in accordance with these Terms.
By accepting these Terms, you acknowledge that Bonito is not required to mediate or resolve disputes between Users and Third-Party Vendors and Service Providers. Products and services on the Platform may be subject to additional terms and conditions imposed by the vendors, which Users must read and accept when placing an order or engaging the vendors. Bonito reserves the right to amend its product and service offerings at its sole discretion.
These Terms are subject to our payment, cancellation, refund & returns, and warranty policies. Please review these policies carefully before availing any services on the Platform.
General Obligations and Restrictions
You are responsible for maintaining the necessary equipment, internet connections, and telecommunication charges required to access and use the Platform.
Bonito grants you a non-exclusive, limited privilege to access and use the Platform and Services for legitimate purposes, in accordance with these Terms and any applicable laws. You agree not to engage in activities that adversely affect the use of the Platform by others, and to refrain from hosting, displaying, uploading, modifying, publishing, sending, sharing, or updating any content that:
∙You do not have the right to host, display, upload, modify, publish, send, share, or update;
∙Is offensive, obscene, defamatory, abusive, harassing, threatening, or otherwise unlawful;
∙Deceives or misleads the recipient regarding the origin of such content;
∙Impersonates anyone;
∙Contains software viruses or other harmful computer code;
∙Threatens the unity, integrity, defense, security, or sovereignty of India, or disrupts public order.
You shall not reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
If the Platform allows you to post content, you are responsible for ensuring that such content is lawful and appropriate. You grant Bonito a non-exclusive, perpetual, royalty-free, worldwide license to use, reproduce, display, distribute, modify, and create derivative works from your content for the purpose of advertising and marketing the Platform or Services. Bonito is not obligated to store or retain your content and you are responsible for creating backups if necessary.
You agree not to solicit or engage Third Party Vendors or Service Providers outside the Platform. Unauthorized transactions between you and the vendors without booking through the Platform are not Bonito’s responsibility, and you agree that Bonito is not liable for any potential harm or loss resulting from such transactions.
Updates and Modifications
Bonito may modify or upgrade the features and functionality of the Platform and Services from time to time. Users acknowledge that such changes may result in interruptions or modifications to the Platform and Services, and Bonito assumes no liability for any such disruptions.
Bonito reserves the right to discontinue the Platform or Services, temporarily or permanently, at any time without notice. Users agree that Bonito is not liable for any modification, suspension, or discontinuance of the Platform or Services.
Intellectual Property Rights
The Platform, including text, graphics, user interfaces, visual interfaces, sounds, artwork, designs, and computer code, is owned and controlled by Bonito and is protected by intellectual property laws. Users agree not to modify, copy, distribute, or create derivative works based on the Platform or Content without Bonito’s express authorization.
All intellectual property rights in the Platform, Content, and Bonito Technology belong to Bonito or its licensors. Users do not acquire any rights, title, or interest in these intellectual property rights, except for the limited right to use the Platform and Services as granted under these Terms.
Third-Party Resources
The Platform may contain links to third-party websites, products, services, or other materials (“Third Party Resources”). These links do not constitute an endorsement or recommendation by Bonito. Users access Third Party Resources at their own risk and agree that Bonito is not responsible for the content, accuracy, privacy policies, or practices of any Third Party Resources.
Privacy Policy
We value your privacy and are committed to protecting your personal information. Our Privacy Policy outlines how we collect, use, and protect your data. The Privacy Policy is available at Bonito Privacy Policy.
Disclaimer of Liabilities
The Platform and Services are provided on an “as is” and “as available” basis without warranties of any kind, express or implied. Bonito does not warrant that the Platform or Services will meet your requirements or that their use will be uninterrupted, secure, or error-free. Users are solely responsible for their interactions with third parties, and Bonito is not liable for any disputes arising from such interactions.
Indemnification and Limitation of Liability
Users agree to indemnify and hold Bonito harmless from any claims arising from their use of the Platform or Services, violation of the Terms, or infringement of any rights of another. Bonito is not liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of the Platform or Services.
Termination and Suspension
Bonito reserves the right to suspend or terminate your Account at any time if you violate these Terms. Upon termination, your access to the Platform and Services will cease, and Bonito may delete your content and data. You remain responsible for fulfilling any transactions and obligations incurred prior to termination.
Governing Law and Dispute Resolution
These Terms are governed by the laws of India. Any disputes arising from these Terms or the use of the Platform or Services will be resolved in the civil courts of Bengaluru, Karnataka.
Grievance Officer
In accordance with the Information Technology Act 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Name: [Grievance Officer’s Name]
Email: [insert email id]
Miscellaneous
∙These Terms constitute the entire agreement between the Parties regarding the subject matter herein and supersede all prior agreements.
∙Users may not assign their rights and obligations under these Terms without Bonito’s prior written consent.
∙If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
∙Bonito’s failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
