Last updated: September 09, 2023
We are Forma Advisory Services LLP (‘Company’, ‘we’, ‘us’, ‘our’ or ‘its’).
We operate the website biwholesale.com (the ‘Site’), as well as any other related products and Services that refer or link to these legal terms (the ‘Legal Terms’) (collectively, the ‘Services’).
Biwholesale.com is an e-commerce platform that connects the buyers and suppliers and facilitates transactions between them.
These Legal Terms constitute a legally binding agreement made between Buyer (you, he/she, his/her), whether personally or on behalf of an entity, and the Company, concerning Buyer’s access to and use of the Services. Buyer agrees that by accessing the Services, he/she has read, understood, and agreed to be bound by all of these Legal Terms. If the buyer does not agree with all of these Legal Terms, then he/she is expressly prohibited from using the Services and he/she must discontinue use immediately.
The Company reserves the right, in its sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. The Company will alert Buyer about any changes by updating the ‘Last updated’ date of these Legal Terms, and Buyer waives any right to receive specific notice of each such change. It is Buyer’s responsibility to periodically review these Legal Terms to stay informed of updates. Buyer will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by his/her continued use of the Services after the date such revised Legal Terms are posted.
All Buyers who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If Buyer is a minor, he/she must have his/her parent or guardian read and agree to these Legal Terms prior to Buyer using the Services.
Buyer further agrees and consents to be contacted by the Company through phone calls, WhatsApp notifications, or any other means of communication, with respect to the Services provided by the Company. This applies even in cases where the Buyer’s contact number is on the “Do Not Disturb/Call” List.
Company’s Services
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Intellectual Property Rights
Company’s Intellectual Property
The Company is the owner or the licensee of all intellectual property rights in its Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the ‘Content’), as well as the trademarks, Service marks, and logos contained therein (the ‘Marks’).
The Company’s Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in India and around the world.
The Content and Marks are provided in or through the Services ‘AS IS’ for Buyer’s personal, non-commercial use or internal business purpose only.
Buyer’s Use of the Company’s Services
Subject to Buyer’s compliance with these Legal Terms, including the ‘Prohibited Activities’ section below, the Company grants him/her a non-exclusive, non-transferable, revocable licence to:
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- Access the Services; and
- Download or print a copy of any portion of the Content to which Buyer has properly gained access solely for his/her personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If Buyer wishes to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, then the buyer must address his/her request to support@buildingandinteriors.com.
If the Company ever grants Buyer the permission to post, reproduce, or publicly display any part of our Services or Content, Buyer must identify the Company as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying the Company’s Content.
The Company reserves all rights not expressly granted to Buyer in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of the Company’s Legal Terms and Buyer’s right to use the Company’s Services will terminate immediately.
Buyer Representations
By using the Services, Buyer represent and warrant that: (1) all registration information submitted by the Buyer will be true, accurate, current, and complete; (2) Buyer will maintain the accuracy of such information and promptly update such registration information as necessary; (3) Buyer has the legal capacity and agrees to comply with these Legal Terms; (4) Buyer is not a minor in the jurisdiction in which he/she resides, or if a minor, Buyer has received parental permission to use the Services; (5) Buyer will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) Buyer will not use the Services for any illegal or unauthorised purpose; and (7) Buyer’s use of the Services will not violate any applicable law or regulation.
If the Buyer provides any information that is untrue, inaccurate, not current, or incomplete, Buyer’s account and refuse any and all current or future use of the Services (or any portion thereof).
Transactions
The Services offered by the Company include (but are not limited to) the facilitation of transactions between Buyers and Sellers (or brands selling their products) on www.biwholesale.com
The Company, being the facilitator, doesn’t control the outcome of a transaction between Buyer and Seller.
All the commercial/contractual terms including (but without limitation to) price, product specifications, product availability, period of delivery, warranties, after-sales Service, etc. are governed by the Seller. The Company doesn’t have any influence on any such terms and hence cannot be held liable for any loss to the Buyer, due to the Seller’s (or Buyer) failure to abide by such terms.
The Company is not responsible (in any manner) for any breach of contract (directly or indirectly) between Buyers and Sellers. The Company shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
The Company shall not hold any right over the products nor shall the Company have any obligations or liabilities in respect to any transaction between the Buyers and Sellers.
Products
The Company makes every effort to display as accurately as possible the colours, features, specifications, and details of the products available on the Site. However, the Company does not guarantee that the colours, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and the Buyer electronic display may not accurately reflect the actual colours and details of the products. The Company just uploads the products, images and specifications as submitted by the Sellers. All products are subject to availability, and the Company cannot guarantee that items will be in stock all the time. The Company may try to procure the product which may take few additional days. The Company reserves the right to discontinue any product(s) at any time for any reason. Prices for all products are subject to change, without any notice.
Delivery
Any dates quoted for delivery of the Goods are approximate only and the Company shall not be liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Company in writing.
The Company shall not be held responsible for any delays (and loss related to such delays) caused due to:
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- Unavailability of the product (out of stock) at the seller’s end.
- Operational disruptions caused by natural or man-made situations such as floods, shortage of labour, raw material, strikes, lockouts, traffic disruptions, war, epidemics, pandemics, etc.
The Company may change method, mode, and time of delivery under such unforeseeable circumstances and for reasons that are beyond Company’s control. Buyers understand and agree that such situations are beyond the control of the Company and hence can impact the delivery timings. The Company shall not be held liable for any direct or indirect damages arising from changes in the method or time of delivery.
Pricing and Discounts
The prices and primary discounts on all products are provided by the individual sellers/brands. Despite the Company’s genuine efforts to list accurate prices for the products on sale, there can be some situations in which the prices of a few of the listed products may not be current or may be incorrect due to technical issues, typographical errors, or incorrect product information provided to the Company by the sellers. In such cases, the Company reserves the right to cancel the order without any further liability and refund the amount (if paid in advance) to the buyer.
The Buyer understands this and indemnify the Company and/or any of its employees, agents, associates from any liability or damage caused under such a situation.
The prices and discounts on different products may change from time to time, without any prior notification to the buyers. Therefore, it is advised that the buyers should keep track of prices and discounts on the site.
Purchase and Payments
The Company offers its Services to facilitate transactions between the Buyer and the Seller. The Buyer understands and agrees that the Company collects the payments from the Buyer on behalf of the Seller. The payment facilities provided through the platform/site are just third-party payment gateways or related Services. This does not in any way, means that the Company is a bank/financial Services Company. The Company will not be liable for any charges made by the bank(s)/financial institution involved in relation to the payment of the total amount.
The Company merely acts as a Service provider and collects the payments and involved taxes and levies, on behalf of the Seller. Thus, the Company doesn’t decide the rate of taxes/surcharges to be collected on the products. Such rates of taxes are decided by the Seller himself.
The Company shall not be held liable for any incorrect/invalid taxes levied on the products. Thus, the concerned Seller shall be held liable for any legal issue arising out of such errors in levies (intentional or unintentional). The transaction is between the Seller and Buyer and the Company has no liability, whatsoever, to deposit any such taxes/levies.
While ordering a product, the Buyer will be using the payment Services offered on the platform/site. Such third-party gateways will ask for Buyers’ personal information such as name, billing address, credit/debit card details, etc., based on their requirements and terms of Service. Buyers are advised to read such terms & conditions thoroughly before proving such details directly or through the Company site. The Company shall not be held liable for any use/misuse of such information by third-party Service providers/gateways.
The Company reserves the right to correct any errors or mistakes in pricing, even if it has already requested or received payment.
The Company reserves the right to refuse any order placed through the Services. The Company may, in its sole discretion, limit or cancel quantities purchased per person, per household, per business entity, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address.
Return Policy
Please review our Return Policy posted on the Services prior to making any purchases.
Prohibited Activities
The Buyer may not access or use the Services for any purpose other than that for which the Company makes the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by the Company.
As a user of the Services, the Buyer agrees not to:
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- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other Users/Buyers, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support Services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorised framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (‘gifs’), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as ‘spyware’ or ‘passive collection mechanisms’ or ‘pcms’).
- Interfere with, disrupt, or create an undue burden on the Services or the networks or Services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software.
- Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.
- Use the Services to advertise or offer to sell goods and Services.
- Sell or otherwise transfer your profile.
Guidelines for Reviews
The Company may provide Buyer areas on the Services to leave reviews or ratings. When posting a review, Buyer must comply with the following criteria: (1) Buyer should have firsthand experience with the person/entity being reviewed; (2) Buyer reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) Buyer reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) Buyer reviews should not contain references to illegal activity; (5) Buyer should not be affiliated with competitors if posting negative reviews; (6) Buyer should not make any conclusions as to the legality of conduct; (7) Buyer may not post any false or misleading statements; and (8) Buyer may not organise a campaign encouraging others to post reviews, whether positive or negative.
The Company may accept, reject, or remove reviews at its sole discretion. The Company has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by the Company and do not necessarily represent its opinions or the views of any of its affiliates or partners. The Company does not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, Buyer hereby grants to the Company a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and licence to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.
Third-Party Websites and Content
The Services may contain (or Buyer may be sent via the Site) links to other websites (‘Third-Party Websites’) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (‘Third-Party Content’). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by the Company. If Buyer decides to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, he/she will do so at his/her own risk, and should be aware these Legal Terms no longer govern. Buyer should review the applicable terms and policies, including privacy and data gathering practices, of any website to which the Buyer navigates from the Services or relating to any applications he/she uses or installs from the Services. Any purchases Buyer makes through Third-Party Websites will be through other websites and from other companies, and the Company takes no responsibility whatsoever in relation to such purchases which are exclusively between Buyer and the applicable third party. Buyer agrees and acknowledges that the Company does not endorse the products or Services offered on Third-Party Websites and Buyer shall hold it blameless from any harm caused by his/her purchase of such products or Services. Additionally, Buyer shall hold it blameless from any losses sustained or harm caused to Buyer relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
Services Management
The Company reserves the right, but not the obligation, to: (1) Monitor the Services for violations of these Legal Terms; (2) Take appropriate legal action against anyone who, in its sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) In its sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) In its sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to its systems; and (5) Otherwise manage the Services in a manner designed to protect the Company’s rights and property and to facilitate the proper functioning of the Services.
Privacy Policy
The Company cares about data privacy and security. Please review the Company’s Privacy Policy. By using the Services, Buyer agrees to be bound by its Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in India. If Buyer accesses the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through his/Buyer is transferring his/her data to India, and Buyer expressly consent to have his/her data transferred to and processed in India.
Term and Termination
These Legal Terms shall remain in full force and effect while Buyer uses the Services. Without limiting any other provision of these legal terms, the Company reserves the right to, in its sole discretion and without notice or liability, deny access to and use of the Services (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these legal terms or of any applicable law or regulation. The Company may terminate the buyer’s use or participation in the Services or delete the buyer’s account and any content or information that the buyer posted at any time, without warning, in the Company’s sole discretion.
If the Company terminates or suspends Buyer’s account for any reason, the Buyer is prohibited from registering and creating a new account under his/her name, a fake or borrowed name, or the name of any third party, even if the Buyer may be acting on behalf of the third party. In addition to terminating or suspending Buyer account, the Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Modifications and Interruptions
The Company reserves the right to change, modify, or remove the contents of the Services at any time or for any reason at its sole discretion without notice. However, it has no obligation to update any information on its Services. The Company also reserves the right to modify or discontinue all or part of the Services without notice at any time. It will not be liable to a Buyer or any third party for any modification, price change, suspension, or discontinuance of the Services.
The Company cannot guarantee the Services will be available at all times. It may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. The Company reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to Buyer. Buyer agrees that the Company has no liability whatsoever for any loss, damage, or inconvenience caused by his/her inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate the Company to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
Dispute Resolution
Buyer agrees to irrevocably submit all disputes related to these Legal Terms or the legal relationship established by these Legal Terms to the jurisdiction of the Indian courts, based in New Delhi, India only.
Corrections
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. The Company reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
Disclaimer
The Services are provided on an as-is and as-available basis. Buyer agrees that his/her use of the Services will be at his/her sole risk. To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, in connection with the Services and buyer’s use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company makes no warranties or representations about the accuracy or completeness of the Services’ content or the content of any websites or mobile applications linked to the Services and the Company will assume no liability or responsibility for any (1) Errors, mistakes, or inaccuracies of content and materials, (2) Personal injury or property damage, of any nature whatsoever, resulting from buyer’s access to and use of the Services, (3) Any unauthorised access to or use of its secure servers and/or any and all personal information and/or financial information stored therein, (4) Any interruption or cessation of transmission to or from the Services, (5) Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Services by any third party, and/or (6) Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services. The Company does not warrant, endorse, guarantee, or assume responsibility for any product or Service advertised or offered by a third party through the Services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and it will not be a party to or in any way be responsible for monitoring any transaction between buyer and any third-party providers of products or Services. As with the purchase of a product or Service through any medium or in any environment, the buyer should use his/her best judgement and exercise caution where appropriate.
Limitations of Liability
In no event will the Company or its directors, employees, or agents be liable to the buyer or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from the buyer’s use of the Services, even if the Company has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the Company’s liability to the buyer for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by the buyer to the Company.
Indemnification
Buyer agrees to defend, indemnify, and hold the Company harmless, including its subsidiaries, affiliates, and all of its respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of Buyer representations and warranties set forth in these Legal Terms; (4) Buyer’s violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act towards any other user of the Services with whom the Buyer connected via the Services. Notwithstanding the foregoing, the Company reserves the right, at Buyer’s expense, to assume the exclusive defence and control of any matter for which Buyer is required to indemnify the Company, and Buyer agrees to cooperate, at his/her expense, with the Company’s defence of such claims. The Company will use reasonable efforts to notify Buyer of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
User Data
The Company will maintain certain data that Buyer transmits to the Services for the purpose of managing the performance of the Services, as well as data relating to his/her use of the Services. Although the Company performs regular routine backups of data, Buyer is solely responsible for all data that he/she transmit or that relates to any activity Buyer has undertaken using the Services. Buyer agrees that the Company shall have no liability to him/her for any loss or corruption of any such data, and Buyer hereby waives any right of action against the Company arising from any such loss or corruption of such data.
Electronic Communications, Transactions, and Signatures
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. Buyer consents to receive electronic communications and agrees that all agreements, notices, disclosures, and other communications the Company provides to Buyer electronically, via email, and on the Services, satisfy any legal requirement that such communication be in writing.
The buyer hereby agrees to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by the Company or via the Services.
Buyer hereby waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Miscellaneous
These Legal Terms and any policies or operating rules posted by the Company on the Services or with respect to the Services constitute the entire agreement and understanding between the Company and Buyer. The Company’s failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. The Company may assign any or all of its rights and obligations to others at any time. The Company shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond its reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between the Buyer and the Company as a result of these Legal Terms or use of the Services. Buyer agrees that these Legal Terms will not be construed against the Company by virtue of having drafted them. Buyer hereby waives any and all defences he/she may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
Contact Us
In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us at support@buildingandinteriors.com