Date of Latest Version: September 19, 2022
Please read the terms below carefully before using our website located at https://www.boliyo.in/ and / or the Boliyo application (collectively, “Platform”). Our Platform is operated and owned by Ezloct Technologies LLP, a limited liability partnership established under the Limited Liability Partnership Act, 2008, having its registered office at H. No.5/62/9, Vivekananda Nagar, Hubsiguda, St. No.8, Uppal, Hyderabad – 500007 (“we” / “us” / “Boliyo”). By using our Platform you confirm that you accept these terms of use along with the documents referred to in it (collectively, “Terms”) and that you agree to comply with them. Your continued use of the Platform will constitute acceptance of these Terms, as revised from time to time. If you do not agree to these Terms you must not access the Platform, or avail any services from us.
“Customer” means a customer registered on our Platform who avails or intends to avail goods and services from Vendors.
“Device” means any computer, mobile phone, tablet, console or other device or system.
“User” / “You” means anyone who uses or accesses the Platform on a Device including Customers and Vendors, and their heirs, successors and legal assigns.
“Vendor” means a vendor registered as such on our Platform offering goods and services to Customers.
We reserve the right to update or modify these Terms at any time without prior notice. Your access to and use of the Platform following any such change constitutes your agreement to follow and be bound by these Terms as updated or modified. For this reason, we encourage you to review these Terms each time you access or use the Platform. These Terms govern all upgrades / updates of the Platform that replace and / or supplement the original version of the Platform, unless such upgrade is accompanied by separate terms.
You represent and warrant that you are eligible to enter into a legally binding agreement and to be bound by these Terms. You will not access or use the Platform if you are not competent to contract under the laws of India.
If you represent a company, partnership firm or sole proprietorship, you will be eligible to access the Platform or services we provide and their features on its behalf only if you have been duly authorised by way of necessary corporate action as may be statutorily prescribed and as required under the charter documents of such entity.
Boliyo acts as a facilitator, providing a technology platform for interaction and engagement between Vendors and Customers. On the Platform, Customers can place requests for goods and services that the Platform facilitates, and Vendors may choose to fulfil such requests. Boliyo establishes the network that allows this. Boliyo earns its revenue through a subscription based model and does not participate in the fund flow or the provision of goods / services. The Customers and Vendors may, at their discretion, choose to engage with each other pursuant to a transaction. Under no circumstance will Boliyo be considered a vendor, merchant, delivery agent, payment aggregator or an entity engaged in similar capacity as the foregoing.
The use of the Platform begins with User registration. Then, Boliyo carries out a background check of the Vendors registered on its Platform. Upon the completion of verification, a Vendor may list its goods and services on the Platform.
A registered Customer may, by using features of the Platform, place a request. The request will then be communicated by the Platform to Vendors in the vicinity of the Customer based on such criteria as Boliyo may, in its sole discretion, determine.
The Vendors may respond with the availability of the good or service and the price thereof, and any other terms, conditions, or specifications as may be relevant. The Customer will then choose which Vendor to engage with.
The Vendor will provide the goods / services offline, and the Customer shall make payment for the goods / services provided in a similar manner. Boliyo is not, in any manner whatsoever, responsible for the delivery of goods / services, or for payments to be made pursuant to the delivery.
Boliyo earns its revenue based on a subscription based model, and all payments to be made to Boliyo shall be made through Razorpay’s payment system or a similar payment service provider as determined by Boliyo.
The contract for the provision of goods / services will be exclusively between the respective Customer and the Vendor agreeing to provide the goods / services. We are not privy to the said contract, and cannot be made a party to it, either explicitly or by implication. We do not store or maintain any inventory of goods / services. We do not guarantee that the engagements entered into by the Customers and Vendors through the Platform will result in successful rendering or receipt of goods / services, and we do not guarantee the execution or conclusion of such engagements.
In order to enter into a transaction through the Platform, the User must be of at least 18 (eighteen) years of age and competent to contract in accordance with the laws of India and all other applicable laws.
The User is aware of and in compliance with all applicable domestic and international laws, and will continue to be compliant as long as the User is accessing and / or using the Platform. This includes the Information Technology Act, 2000 and the Consumer Protection Act, 2019 and the rules made thereunder.
The User does not have any prior criminal conviction of any kind.
The User is under no contractual or other restrictions or obligations that are inconsistent with these Terms or that will interfere with the performance of its obligations under these Terms.
The User has, and will obtain in future, all government approvals necessary, if any, to use the Platform or enter into a transaction.
Boliyo and the User have no agency, affiliation, association, endorsement or connection in any manner whatsoever. Users are not our employees, attendants, agents or representatives. We do not exercise supervisory powers or control over Users.
All information uploaded on or conveyed by the User through the Platform including the details of the request, description of the good / service, price, features, location, etc. must be accurate, true and not misleading.
The User will not host, display, upload, modify, publish, transmit or share any information through the Platform that: (a) is unlawful, harassing, threatening, invasive, libellous, defamatory, or that would otherwise violate applicable law; (b) contains nudity, obscenity or sexually explicit content; (c) may disparage any ethnic, racial, sexual or religious group or is otherwise abusive or inflammatory; (d) depicts or promulgates the use of drugs; (e) contains offensive language or images; (f) incites violence or characterises violence as acceptable; (g) contains unsolicited promotions, political campaigning, advertising or solicitations; (h) contains private or personal information about another User or person; (i) contains corrupted data or other harmful, disruptive or destructive viruses, trojan horses, harmful code, denial-of-service attacks, packet or IP spoofing or other similar technology; (j) is in infringement of a third party’s intellectual property rights; or (k) belongs to another person that you have no right to.
The User will not create multiple or duplicitous accounts.
You will ensure that you comply with all prevailing and applicable laws, rules and regulations, and these Terms and our Privacy Policy while using the Platform and its features and Boliyo will not be liable in any manner whatsoever for any default by you in doing so.
You will not use the Platform in a manner that could damage, disable, overburden or impair our server or any network connected thereto, or interfere with any other person’s use and enjoyment of the Platform. You will not attempt to gain unauthorised access to any functions or features, other user accounts, computing systems or networks connected to any Boliyo server in any manner including through hacking, password mining or any other means. You will not obtain or attempt to obtain any materials or information through any means which is intentionally not made available through the Platform.
You will not use the Platform to sell / buy products that cannot be legally sold, bought, owned, possessed, exported or imported in the country / state of origin, destination and / or transit.
The Platform is made available to you for your own use, and you will not attempt to copy, reproduce, alter, modify, reverse engineer or create derivates of the Platform or allow third parties to do so.
You are responsible for any and all activities that occur in your account. You accept that any and all operations emanating from your Device will be assumed to have been initiated by you. You agree to notify Boliyo immediately of any unauthorised use of your account or any other breach of security. Boliyo will not be liable for any loss to you or any third person owing to the negligent actions or failure on your part to inform Boliyo of any loss or theft of your Device or any unauthorised access of your account within a reasonable time.
You will be liable for losses incurred by Boliyo or any other party due to a third party’s use of the account. You will not use any other person’s account without the express permission of the account holder and Boliyo.
Boliyo will make all reasonable effort to ensure that your information is kept confidential. However, Boliyo will not be responsible for any disclosure or leakage of confidential information or loss or damage to the Device due to theft, negligence or failure on your part to practice safe computing.
You understand and acknowledge that upon using the Platform you authorise us to access third party sites when designated by you, on your behalf, to retrieve such information required to register the account requested by you. To this end, you grant us the power to do so and acknowledge and agree that when we access and retrieve information from third party sites we are acting as your agent.
All costs and expenses associated with the good or service being provided, including delivery / transportation fee, goods and services tax, customs duty, and any other associated or similar costs shall be borne by the Customer / Vendor in accordance with the agreement between them.
All information and material posted on the Platform shall be posted at the sole risk of the User, and Boliyo will not be liable for the accuracy, reliability thereof or its compliance with applicable law.
The Platform facilitates Users to communicate directly with each other. Boliyo has no general duty to carry out surveillance or monitor such messages / communication, however, Boliyo may do so at its sole discretion so as to counter fraud and ensure compliance with these Terms and the User agrees to such monitoring.
Boliyo will not be held liable whatsoever for the loss, deterioration, theft or loss of goods, or failure by the Vendor to deliver the good or perform the service in the manner agreed to by the Users among themselves. Boliyo may, in instances of dispute between the Vendor and the Customer, at its own discretion, use best efforts to facilitate the settlement of such dispute. However, Boliyo will not be made party to any dispute that may arise between the Users with regard to the transaction or the use of the Platform.
Our Platform may contain links to third party sites that are not operated by us. If you click on a third-party link, you may be redirected to such third-party’s site. We have no control over, and assume no responsibility for the content, privacy policy, terms of use or practices of a third-party site. We advise you to separately review the terms of use of every site you visit.
We may, in our sole discretion, permit you to upload, publish or post information, material and content (“User Content”) on the Platform. By doing so, you grant us an irrevocable, worldwide, perpetual, non-exclusive, transferable, royalty-free licence along with the right to sub-licence, modify, distribute, use, adapt, copy and otherwise exploit User Content.
All the content on the Platform, including, amongst other things, the page headers, images, illustrations, graphics, audio clips, video clips, text, trademarks and trade names (“Service Content”) constitute our and our licensors’ intellectual property. Intellectual property rights laws including copyright laws in all applicable jurisdictions protect the Platform and the Service Content.
You may access the Platform, avail its features and facilities, and utilise the Service Content for your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display or commercially exploit the Service Content, features or facilities, directly or indirectly, without our prior written permission.
We and our partners are the sole owners of the underlying software and source code associated with the Platform and all trademarks, copyright and any other intellectual property rights of any nature in the Platform.
You have the option to set a security password when registering yourself on the Platform. You are responsible for maintain the confidentiality of the password and the account. You agree to immediately notify us of any unauthorised use of your password or account or any other suspected or actual breach of security, and you will ensure that you log out of your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this requirement.
You acknowledge that the deletion of the Platform from your Device does not constitute termination of your account and you have to undertake the process of de-registration. You will have to provide Boliyo a written request to have your name and other details removed from our records.
By accepting these Terms, you consent to be contacted by us, our agents, representatives, affiliates or anyone contacting you on our behalf, and other Users that you engage with on the Platform, at any contact number or address provided by you while registering with us. You agree to us contacting you in any manner including SMS, calls, emails, automatic texting and notifications via the Platform.
You certify, warrant and represent that the contact details and any other information you have provided to us are your own and not someone else’s and that they are true, accurate, current and complete. You agree to notify us when you stop using a particular contact number or address.
You agree to protect, defend and indemnify us and hold us and our officers, directors, employees, shareholders, agents, representatives and affiliates harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to your access and / or use of the Platform in violation of these Terms, or your infringement of any intellectual property rights in the course of such access or use. The terms of this provision survive the termination of these Terms.
The Platform and our services and their features are provided on an “as is” basis. We expressly disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.
Boliyo will make reasonable efforts to make available the Platform at all times. However, we make no warranty that they will meet your requirements, be uninterrupted, timely, secure or error free. We do not make any warranty as to the facilities that may be obtained from the use of the Platform or the reliability or quality thereof.
The User must take all reasonable precautions while engaging with other Users contacted through the Platform. Boliyo will not be liable for any resulting loss, damage or other incidents that may occur. You are advised to examine the goods / service thoroughly to determine its suitability to your use case.
Boliyo does not determine the prices, taxes, fees or duties applicable on goods or services.
Boliyo does not provide insurance in any form or manner for the goods or services being provided.
Boliyo bears no responsibility in case of losses caused to Users due to failures attributable to the payment service provider.
Boliyo will not be liable for the loss or damage of confidential information or data of the User arising as a result of an event or a series of related events that is beyond the control of Boliyo including waivers or problems with the internet, attempted hacker attacks, hacker attacks, denial or service attacks, virus or malicious software attacks or infections and other events of like nature.
Any services or features availed through the Platform is done at your own discretion and risk, and you are solely responsible for any damage that results therefrom. We only provide a platform enabling engagement between Customers and Vendors. We are not liable for, among other things, any actions or inactions of transaction counterparts nor any deficiency in services, defects in goods, fraud, misrepresentation, misconduct, breach of conditions, representations or warranties by such parties, and we expressly disclaim all liability in this regard. No advice or information, whether oral or written, obtained by you from us, creates any warranty not expressly stated in these Terms.
To the maximum extent allowed by law, you acknowledge and agree that the entire risk arising out of your access to and use of the Platform and any relationship arising therefrom between you and Boliyo or among Users remains with you.
In no event will Boliyo or its subsidiaries, affiliates, officers, directors, investors, employees, partners, agents or licensors be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any loss or damages whatsoever based on contract, tort, negligence, strict liability or otherwise including damages for loss of use, data or profits, unauthorised access to, or alteration of your data, transactions and engagements that you undertake or your inability to use the Platform, or any other loss arising out of or in any way connected with the access, use or performance of the Platform or its features including interruptions, delays, etc. even if Boliyo was advised of the possibility of damages. This clause will survive the termination of these Terms.
Boliyo may suspend or terminate your use of the Platform for any reason whatsoever and at any time, with or without giving notice of the suspension or termination to you. Upon such suspension or termination, any rights granted to you with regard to the Platform will stand terminated, and you must cease using it.
Boliyo reserves the right to update the Platform, in order to, amongst other things, increase efficiency, optimise user interface and add new facilities from time to time. Update packages may be sent to your Device for download and installation. You agree to install the updates from time to time and acknowledge that Boliyo will only be able to provide account support for the Platform if you ensure to install all updates upon receiving a notification for the same.
The Platform is independent from any application store or platform on which it is located. It is not associated, affiliated, sponsored, endorsed or in any way linked to any application store or platform operator. Your downloading, installation, access to or use of the Platform is also bound by the terms and conditions of the application store or platform operator which you are advised to familiarise yourself with.
The rights, powers, privileges and remedies provided under these Terms are cumulative and not exclusive of rights, powers, privileges or remedies provided by applicable law. These Terms do not prevent Boliyo from enforcing its rights under applicable law. Boliyo, in addition to other remedies available to it, is entitled to seek (i) a decree or order of specific performance to enforce the observance of the Terms and / or (ii) an injunction restraining a breach or threatened breach of the Terms.
If any provision of these Terms is held to be illegal, invalid or unenforceable under any present or future laws such provision will be replaced with another which is not unenforceable or prohibited and which as far as possible has the same legal and commercial effect as that which it replaces. Further, the remaining provisions of the Terms will remain in full force and effect and will not be affected by the illegal, invalid or unenforceable provision or by its severance from these Terms.
Any failure on part of Boliyo to require performance of any provision of these Terms will not affect its right to full performance of such provision at any time thereafter, and any waiver by Boliyo of a breach of any provision of these Terms will not constitute a waiver of a similar breach in the future or any other breach.
These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding their subject matter.
You will not assign or transfer any rights, obligations or privileges you have under these Terms without the prior written consent of Boliyo. These Terms are binding on the successors and permitted assigns of both parties. Any assignment or transfer in violation of this clause will be deemed void.
All headings used in these Terms are for convenience only and shall not be used to limit or interpret the Terms.
These Terms apply when you access or use our Platform and will remain valid for as long as you continue to do so. Obligations that expressly are intended, or by their nature would be reasonably understood to survive the termination of your access / usage of the Platform, shall survive for such period as is customary or reasonable.
These Terms and the Privacy Policy will be governed and construed in accordance with the laws of India. By using our Platform, you irrevocably consent to the reference of all disputes that arise out of or in relation to your access to and / or use of the Platform to an arbitral tribunal comprising of a sole arbitrator mutually appointed by Boliyo. The arbitration proceedings will be governed by the Arbitration and Conciliation Act, 1996 and the rules framed under it. The venue, place and seat of the arbitration will be Hyderabad, India and the language of the arbitration proceedings will be English. The award rendered will be in writing, with the reasons for the decision. The award will allocate or apportion the costs of the arbitration as the arbitral tribunal considers fair. The award made will be final and binding on the parties thereto. Subject to arbitration as described above, you irrevocably consent to the exclusive jurisdiction and venue of courts in Hyderabad, India, in the event of such a dispute.
In case of any grievance, you may address such grievance to our Grievance Officer. The contact details of the officer are:
Email ID: customer@boliyo.in
Phone Number: +918556883888
