Terms and Conditions

These user terms and conditions (hereinafter referred to as the “User Terms”) apply to any use of Boiwala Express’s website (hereinafter referred to as the “Website”), including – but not limited to – www.boiwalaexpress.in.

The Website is supplied by M/S Gronthokit, situated at 18/A, Balak Dutta Lane, Kolkata – 700007 (Boiwala Express). In these User Terms, the words “we”, “us” and “ours” refer to Boiwala Express.

These User Terms are deemed to include all other operating rules, policies, and guidelines that are referred to herein or that we may otherwise publish on the Website (as such, rules, policies, and guidelines may be amended from time to time), including without limitation:

— Our Privacy Policy, which is located at https://www.boiwalaexpress.in/privacy-policy/

In the event of any conflict between the terms contained herein and those of the User Guidelines, the User Guidelines will govern and control.

By using the Website, you accept to be subject to the User Terms, including the User Guidelines. If you do not accept these User Terms, you are not permitted to use the Website and are kindly requested not to use the Website any further. The registration as a user requires your express acceptance of these User Terms.

THE SERVICES ON THE WEBSITE

1. Registered User

1.1 Boiwala Express grants you the non-exclusive, non-transferable, revocable, limited right to access and use the Website. To gain full access and use of the Website, you must create a profile and register as a user (hereinafter referred to as “Registered User”).

1.2 You are only permitted to register one profile per person on the Website. The profile is personal, and you must not transfer it to others.

1.3 In order to become a Registered User, you need a password. You choose your own password which must be used with your email address when logging onto the Website. Alternatively, we send the password to you. The password is personal, and you must not transfer it or in other ways make it available to others. It is your responsibility to ensure that the password does not fall into the hands of a third party. If you become aware that the password is or may have been compromised, you are obligated to inform us hereof. We can and will change the password if there is a risk that the password has been compromised or is used in violation of the User Terms.

1.4 During the registration process, you must choose a username. The username will be shown on the Website whenever you write or comment on reviews or produce user-generated content (see 2.1 below) on the Website. Therefore, you must consider whether you wish to use a username from which you can be identified by others. The username must not (i) be offensive or in other ways insulting, (ii) contain the terms “Guest”, “Admin”, “.pk”, “.com”, etc. or (iii) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights. You warrant that your username does not infringe on any rights (including any intellectual property rights) belonging to any third party and/or pertaining to the User Terms.

1.5 Changes to the username may only be made by us. If you want to change your username, please contact us at support@boiwalaexpress.in.

1.6 We are entitled at any time, without notice and without prejudice, to delete, suspend or change your profile in the event of your violation or suspected violation of these User Terms or applicable law. When deleting your profile, you will no longer have access to services on the Website which require your registration and/or login as a Registered User. When deleting your profile, we reserve the right to delete the user-generated details you have made on the Website.

1.7 Furthermore, we reserve the right, at any time and without notice or explanation, to delete your profile and user-generated content (see 2.1). In this case, our disclaimer applies without limitations.

1.8 You are not permitted to gain access or attempt to gain access to the parts of the Website requiring user registration if you are not a Registered User.

GENERAL TERMS

2. Rights

2.1 The Website and the services we offer via the Website, including all underlying technology and intellectual property rights embodied therein, are and remain our sole and exclusive property, and no license or any other right is granted to any such underlying technology. If you provide feedback, ideas or suggestions regarding the Website or the services offered on the Website (“Feedback”), we are free to fully exploit such Feedback.

2.2 The content on the Website, including but not limited to the intellectual property rights, text, characteristics, graphics, icons, photos, calculations, references, and software is or will be our property or the property of a third party (other than the Registered User) and is protected by India and applicable international legislation, including without limitation applicable copyright and trademark laws.

2.3 Unauthorized copying, distribution, presentation or other use of the Website or part hereof is a violation of Indian law and may thus result in civil and/or criminal penalties.

2.4 Downloading and other digital copying of the content on the Website or parts hereof are only permitted for personal non-commercial use unless otherwise agreed with us in writing or allowed under applicable mandatory law.

2.4 Downloading and other digital copying of the content on the Website or parts hereof are only permitted for personal non-commercial use unless otherwise agreed with us in writing or allowed under applicable mandatory law.

3. Personal data

3.1 We perform different types of processing of personal data in connection with the use of the Website. Our processing of personal data takes place under observance of our Privacy Policy, which can be obtained here: https://www.boiwalaexpress.in/privacy-policy/
By accepting these User Terms, you confirm to have read and accepted our Privacy Policy.

4. Disclaimers

4.1 THE WEBSITE, CONTENT AND SERVICES OFFERED ON THE WEBSITE ARE PROVIDED ‘AS IS’ AND AS AVAILABLE WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TRUSTPILOT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE AND SERVICES MAY BE MODIFIED, UPDATED, INTERRUPTED, SUSPENDED OR DISCONTINUED AT ANY TIME WITHOUT NOTICE OR LIABILITY.

4.2 Testimonials, reviews, etc. of specific companies, services, e-businesses, etc. on the Website are provided by Registered Users and are not endorsements made by us. We disclaim all liability for the content of the Website. The use of our services is in any respect the sole responsibility of the Registered Users. We cannot be held liable for the availability of the Website.

5. Limitation of liability

5.1 WE SHALL IN NO CASE BE HELD LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR DAMAGES FOR THE USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING (I) LOSS OF PROFITS, CONTRACTS, TURNOVER, BUSINESS, BUSINESS OPPORTUNITY, LOSS OR CORRUPTION OF DATA OR RECOVERY OF DATA, GOODWILL, SECURITY BREACH RESULTING FROM A FAILURE OF THIRD PARTY TELECOMMUNICATIONS AND/OR THE INTERNET, ANTICIPATED SAVINGS OR REVENUE (REGARDLESS OF WHETHER ANY OF THESE ARE DIRECT, INDIRECT OR CONSEQUENTIAL) (II) ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH LIABILITIES TO THIRD PARTIES (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL) OR (III) ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

5.2 OUR TOTAL AGGREGATE LIABILITY, INCLUDING WITHOUT LIMITATION LIABILITY FOR BREACH OF CONTRACT, MISREPRESENTATION (WHETHER TORTIOUS OR STATUTORY), TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE, ARISING FROM OR IN CONNECTION WITH THE USER TERMS, THE WEBSITE OR OUR SERVICES WILL NEVER FOR ANY AND ALL ACTIONABLE CIRCUMSTANCES EXCEED FIVE THOUSAND RUPEES (INR 5000.00). YOU FURTHER AGREE THAT NO CLAIMS OR ACTIONS ARISING OUT OF, OR RELATED TO, THE USE OF OUR WEBSITE OR SERVICES OR THESE USER TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE ACTIONABLE EVENT. NOTHING IN THE USER TERMS EXCLUDES OR LIMITS EITHER PARTY’S LIABILITY FOR MATTERS WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

6. Other User Terms

6.1 We may at any time, in our sole discretion, revise or change these User Terms. We will try to provide reasonable advance notice of any such changes. We may at any time, in our own discretion and without notice, close, change or reorganize the Website. As a Registered User you accept to be always covered by the current User Terms. Any revision or change of the User Terms will be stated on the Website. We will furthermore strive to inform the Registered Users about the change of the User Terms. The Registered Users agree that the continued use of the Website after any posted modified version of the User Terms is an acceptance of the modified User Terms.

6.2 Should any of these User Terms be regarded as unlawful or without effect and therefore not to be enforced, this will not have any effect on the applicability and enforcement of the remaining part of the User Terms.

7. Applicable law

7.1 The User Terms and the relationship between you and Boiwala Express are governed by the laws of the State of West Bengal, India without regard to the conflicts of law provisions thereof. Any disputes must be brought exclusively in the state or federal courts located in West Bengal, India and the parties hereby consent to the jurisdiction of such courts.

8. Copyright dispute policy

8.1 It is Boiwala Express’s policy to (i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers or members or users; and (ii) remove and discontinue service to repeat offenders. Boiwala Express has adopted a policy toward copyright infringement in accordance with the Copyright Act 1957 (posted at https://copyright.gov.in/documents/copyrightrules1957.pdf). This policy is available at https://www.Boiwala Express.in/copyright and contains instructions for contacting Boiwala Express’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”).

9. Miscellaneous

9.1 You acknowledge and agree that these User Terms constitute the complete and exclusive agreement between you and Boiwala Express concerning your use of the Website and supersede and govern all prior proposals, agreements, or other communications.

9.2 Nothing contained in these User Terms can be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof will not affect our full right to require such performance at any time thereafter, nor may our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. You may not assign any rights granted to you hereunder, and any such attempts are void.

Contact Us

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Mr. Anik Ghosh
M/S Gronthokit
CE: 002142003193
www.boiwalaexpress.in
18A Balak Dutta Lane,
Kolkata – 700007
Phone: +91-9073884747
Email: support@boiwalaexpress.in
Time: Mon – Sat (10:00 – 17:00)