Terms-Conditions – bonito-cms

Terms & Conditions

Introduction

These Terms constitute a legally binding agreement (“Agreement“) between you and Bonito governing your access to and use of the Bonito website, including any subdomains thereof, and any other websites through which Bonito makes its services available (collectively, “Platform“), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application“) and all associated services (collectively,  “Services“). The Platform, Application and Services together are hereinafter collectively referred to as the “Platform/Portal”.

When these Terms mention “Bonito,” “we,” “us,” or “our,” it refers to the Bonito company you are contracting with having its registered office at 1182, 2nd Floor, 5th Main, Sector 7, HSR Layout, Bengaluru, Karnataka, India – 560102 (hereinafter referred to as “Bonito”, “We”, “Us” or “Our”).

This document is an electronic record in terms of Information Technology Act, 2000 and Rules there under as applicable and the amended provisions pertaining to 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.

Merely A Platform

Registration

Using The Portal

The Users agree to receive email/sms/phone calls/letters from Us/ other registered Users (as the case may be) in order to use the Platform and avail Services provided by Us. The Users agree that Our services under the Platform are non-transferrable. The Users agree that We may put further terms and conditions in relation to the use of our Portal. We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Platform or the downloading of any material, data, text, images, video content, or audio content from the Platform. If a User is dissatisfied with the Portal, User’s sole remedy is to discontinue using the Platform. If We determine that You have provided fraudulent, inaccurate, or incomplete information, including through feedback, We reserve the right to immediately suspend your access to the Platform or any of your Accounts with Us. You shall be liable to indemnify Bonito for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Bonito. The Platform is provided by Bonito on an “as is” and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Bonito does not provide or make any representation, warranty or guarantee, express or implied about Platform or Services. Bonito does not guarantee the accuracy or completeness of any content available on the Platform. To the fullest extent permitted by Applicable Law, Bonito disclaims all liability arising out of the Users use or reliance upon the Platform, the Services, representations and warranties made by Users, the content or information provided by the Users on the Portal. This disclaimer of liability applies to any damages or injury caused by any failure of performance error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. User specifically acknowledges that Bonito is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with the User. In addition to the terms set forth above, Bonito , nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in the information contained within the website, or for any other claims or losses arising therefrom or occasioned thereby. The Platform may be linked to the website of third parties, affiliates and business partners. Bonito has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through its Platform. Inclusion of any link on the Platform does not imply that Bonito endorses the linked site. Users may use the links and the Services at their own risk. Bonito reserves the right to store, share and display the information provided by the User in accordance with its Privacy Policy.

You understand and agree that You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to Your use of the Platform and Services. In connection with Your use of the Platform and the Services You may not and You agree that You will not:

  1. violate any local, state, national, or other law or regulation, or any order of a court, including, without limitation, tax regulations;
  2. use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Platform;
  3. use the Platform for any commercial or other purposes that are not expressly permitted by these T&C or in a manner that falsely implies Bonito’s endorsement, partnership or otherwise misleads others as to Your affiliation with Bonito;
  4. dilute, tarnish or otherwise harm the Bonito’s brand in any way, including through unauthorized use of Data, registering and/or using Bonito or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Bonito domains, trademarks, taglines, promotional campaigns or
  5. infringe the rights of Bonito or the rights of any other person or entity, including without limitation, their Intellectual Property Rights, privacy, publicity or contractual right
  6. interfere with or damage Platform or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  7. Use Our Platform in connection with the distribution of unsolicited commercial email (“spam“) or advertisements unrelated to lodging in a private residence;
  8. “stalk” or harass any other User of Our Portal, or collect or store any personally identifiable information about any other User other than for purposes of transacting as a User;
  9. register for more than one Account or register for an Account on behalf of an individual other than Yourself;
  10. engage in disruptive, circumventive, abusive or harassing behaviour in any area or aspect of Our Platform or Platform Services;
  11. post, upload, publish, submit or transmit any information that: (i) infringes, misappropriates or violates a Third Party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property Rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
  12. systematically retrieve Data or other content from Our Platform to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
  13. use, display, mirror or frame the Platform or any individual element within the Platform, Bonito’s name, any Bonito trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Platform without Bonito’s express written consent;
  14. access, tamper with, or use non-public areas of the Platform or Platform Services, Bonito ‘s computer systems, or the technical delivery systems of Bonito ‘s providers;
  15. attempt to probe, scan, or test the vulnerability of any Bonito system or network or breach any security or authentication measures;
  16. avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Bonito or any of Bonito ‘s providers or any other Third Party (including another User) to protect the Platform and Platform Services.
  17. It is possible that other Users (including unauthorized Users or “hackers”) may post or transmit offensive or obscene materials on the Platform and that You may be involuntarily exposed to. It also is possible for others to obtain information about You due to Your use of the Portal, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized use, but by using the Platform You acknowledge and agree that We are not responsible for the use of any information that You publicly disclose or share with others on the Portal. Please carefully select the type of information that You publicly disclose or share with others on the Portal.
  18. You will compensate and defend Us fully against any claims or legal proceedings brought against Us by Third Parties or any other person as a result of Your actions and/or breach of these T&C.
  19. Bonito has the right to investigate and prosecute violations of any of the above. In addition, and as set in these T&C, Bonito may take a range of actions against You, including but not limited to deactivating or cancelling Your Account, for a violation of these T&C.
  20. Bonito may access, preserve and disclose any of Your information and User Content if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Bonito or to comply with legal process (for example, summons or warrants), (ii) enforce or administer Our agreements with users, such as these T&C, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes, or (iv) protect the rights, property or safety of Bonito, its Users, or members of the public.

Eligibility

License To Use

Platform Availability

Restrictions On Use

Payment

Milestone Fee
Design Initiation Fee 10% of estimated project value payable at the 1st Design Presentation by the designer / design expert
Production Initiation Fee 50% of estimated project value payable on Final 3D Signoff prior to the Pre-production and production work.
Execution Initiation Fees 40% of the estimated project value payable before the dispatch of products to site for installation.

Additional Charges

Other terms and conditions:

Indemnity

Third Party Products

PLEASE NOTE: Along with the other terms and conditions these additional terms are applicable in case you have bought any products not manufactured by Bonito. In other words these additional terms and conditions are applicable in case you buy products sold on the Platform by third party vendors. You understand and agree that there may be certain products, which will be sold on the Platform by third party vendors (“Vendors”). Bonito may not be able to control the transactions or the acts and omissions of the Vendors in such transactions. When you buy such products from Vendors on the Platform the following additional terms and conditions will become applicable: Bonito is not responsible for any non-performance or breach of any contract entered into between you and the Vendor. Bonito cannot and does not guarantee that the Vendors will perform any transaction concluded on the Platform. Bonito does not make any representation or warranty as to the attributes (such as quality, worth, marketability etc.) of the items or services proposed to be sold on the Platform by the Vendor. In particular, Bonito does not implicitly or explicitly support or endorse the sale of any items or services on the Platform. Bonito accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

You release and indemnify Bonito and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Vendors on the Platform and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Bonito cannot control the information provided by other Vendors, which is made available on the Platform. You may find other Vendor’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Platform. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.

All other terms and conditions of this User Agreement are applicable to such transactions.

Intellectual Property

Warranty

Limitation of Liability

Eligibility of delay compensation

Following cases are not eligible for claiming delay compensation

You Agree and Confirm

Disclaimers

Termination 

Applicable Law And Dispute Resolution

Contact Information And Grievance Officer

Miscellaneous

YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE

YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE