TERMS AND CONDITIONS OF USE

1.) INTRODUCTION

These Terms and Conditions of Use (“Terms of Use”) is a legal contract |FRIMLINE PVT LTD (“Frimline” or “We, “we” or “Us”, us” or “Our, our”) and you (“You”, “you” or “your”, “Your”), a User (as defined below). These terms govern the use of website being https://buy91.com (the “Website”). These Terms of Use governs your use of the Website through any mode of computers, tablets, mobile or any other storage/transmitting device.

The Website is operated and owned by FRIMLINE PVT LTD, an Indian private limited company bearing CIN U15130GJ2017PTC095323 and having its registered address at 511 Iscon Elegance, Circle P, Near Jain Temple, Prahlad Nagar Cross Roads, S. G. Highway, Ahmedabad, Gujarat – 380015.

The Website enables you to purchase Frimline innovative consumer products.  Some of the products provided by Frimline are (i) self-care products for oral care such as toothpaste and mouth wash; and (ii) health care products (such as protein bars, protein snacks and protein drinks).

We may update these Terms of Use from time to time to reflect new practices or technologies that impact use of the Website. The date of the last revision or update appears at the top under the title. PLEASE READ THIS TERMS OF USE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS TERMS OF USE, INCLUDING FRIMLINE PRIVACY POLICY  https://buy91.com/pages/privacy-policy. IF YOU DO NOT AGREE WITH THESE TERMS OF USE AND PRIVACY POLICY THEN DO NOT USE THE WEBSITE.

2.) DEFINITIONS

2.1 “Applicable Law” shall mean all applicable Indian laws, by-laws, rules, regulations, orders ordinances, protocols, codes, guidelines, policies, notices, directions, judgments, decrees or other requirements or official directive of any governmental authority or person acting under the authority of any governmental authority of India;

 

2.2 “Content” shall include (but is not limited to) any data, content, images, videos, location data, software, or other materials or information of any type that is available through the Website;

• “Intellectual Property Rights” shall mean registered and unregistered rights in all forms of intellectual property subsisting under the laws of India and all analogous rights subsisting under the laws of other jurisdictions and shall include any legally protectable product or process of the human intellect whether registrable as patents, trademarks, copyrights, designs or otherwise such as an invention, expression or literary creation, unique name, trade secret, business method, database, industrial process, computer program, source code, process or presentation, content, and videos and exercises;

• “Frimline Data” shall mean any and all information relating to the User provided to the Website by the User at his sole discretion in order to use the Website;

• “Reward/(s)” shall mean the reward issued by FRIMLINE on the completion of every purchase and checkout through the Website. The value of the Rewards can be used only with respect to the purchases made through the Website;

• “User Content” shall mean Content that you upload, share or transmit to, through or in connection with the Website, such as likes, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or displayed in your account profile;

• "User/ Users" shall mean any individual who visits, accesses and registers on the Website or places an order for purchase of the product on the Website; and

• “Website” shall mean the website https://buy91.com.

 3.) ELIGIBILITY TO USE THE WEBSITE

You must be legally competent for entering into a binding contract under Applicable Law. If you are not legally competent for entering into a contract under Applicable Law, you cannot use the Website and you must uninstall the Website and cease its use immediately. If you are under the age of 18 years, you are not eligible to register for the Website.

We reserve the right to terminate Your account and/or refuse to provide You with access to the Website to new Users or to terminate access granted to existing User(s) at any time without according any reasons for doing so.

 4.) MODIFICATION

We may amend or update or change these Terms of Use time to time entirely at our own discretion to reflect new practices or technologies that impact use of the Website. We recommend that you review these Terms of Use on a routine basis to view any changes. The date of the last revision or update appears on top of the title. Your use of the Website after any such amendment or change in the Terms of Use shall be deemed as your express acceptance to such amended/changed Terms of Use and you also agree to be bound by such changed/amended Terms of Use.

 5.) USER ACCOUNT AND SECURITY

If you wish to access our Website, then you will be required to log on using your registered mobile number, username, email address and password and such other details that may be required on the Website to create an account.

This information will be collected, stored, and processed in accordance with our Privacy Policy https://buy91.com/pages/privacy-policy.

You agree that you are eligible to create and use only one account with one User profile. You are not permitted to register or create an account on behalf of any entity other than yourself.

You agree not to register and use an account with an identity which is fraudulent or use the account of another User.

You can delete/unregister your account anytime by submitting a request to info@buy91.com. We may require additional information from the User in order to enable us to verify your account before the deletion of your account.

You understand that message and data rates may apply when you use any of our mobile applications on your device. You agree that FRIMLINE will not be responsible for the message and data rates due to your use of any of our mobile applications on your device and You are solely responsible for any costs associated with using the Website on your devices.

6.)  USER CONTENT

You may upload or post User Content that either was created by you entirely or legally belongs to you, or you have a legally valid license which permits you to upload or post the User Content.

By posting, submitting or transmitting User Content using our Website you permit FRIMLINE the right to store that information with us, and to use such User Content for, maintenance and marketing. You agree and understand that you must evaluate the submission of such User Content to the Website. You hereby agree that you shall, defend, and hold harmless FRIMLINE for all claims resulting from User Content provided by the User to FRIMLINE.

You agree that FRIMLINE has the right to reject, remove, edit, and move or prevent access to any User Content provided by the User to FRIMLINE. However, the obligation to maintain the accuracy and correctness of the User Content remains with you.

You acknowledge and agree that neither FRIMLINE nor any third party service providers are responsible for the User Content and any material submitted, transmitted or posted by You on the Website.

7.) CONTENT POSTED ON THE WEBSITE

You understand that any material, Content and its arrangements that appears as “FRIMLINE content” or “FRIMLINE Content” are owned by or licensed to FRIMLINE, subject to copyright or other Intellectual Property Rights held by third parties. Accessing or using Website does not give you ownership of any Intellectual Property Rights of FRIMLINE.

8.) LICENSE GRANT

Subject to the terms and conditions of this Terms of Use, FRIMLINE grants you a personal, limited, non-exclusive, non-transferable, non-sub-licenseable, revocable license to access the Website. Except for this limited grant of access and use under these Terms of Use, we do not grant you any other rights to the Website.

9.) USAGE OF THE WEBSITE

Authority: You represent that you agree that you are permitted to use the Website under Applicable Law.

Use of Website: You must follow any guidelines or policies associated with the use of the Website. You must not misuse or interfere with the Website or try to access them using a method other than the interface and the instructions that we provide.

10.) RESTRICTIONS

    You agree, undertake and confirm that Your use of the Website shall be strictly governed by the following binding principles and You agree not to:

• Defeat, damage or interfere with any security feature of our Website, nor attempt to do so.
• Cheat, use any deceptive methods or otherwise evade or violate the rules or intended operation of any software, nor attempt to do so.
• Alter or modify any Content of our Website, other than information or User Content you have submitted or posted through the Website.
• Reproduce, duplicate, copy, sell, trade, or exploit, for any commercial purpose, any Content or component of or any access to the Website, without the prior written permission of FRIMLINE, except for User Content or registration information you have submitted or posted through the Website.
• Use or attempt to use any automated system, software, or device to generate and send communications to or through the Website nor will you annoy or harass any person through or in connection with the use of the Website.
• Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website other than the search engine and search agents available on the Website.

• Use the Website to post, transmit, or share material that you did not create or that you do not have permission to use.
• Use the Website for any commercial use as the Website is intended for personal, non-commercial use only except with our prior written permission.
• You may not in any manner whatsoever copy or distribute any proprietary information for any commercial or business use, except with our prior written permission.
• You must not modify, edit or change or otherwise make any derivative work of the paper or digital copies of any materials You have printed off or downloaded in any way.
• Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Website.
• Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by Applicable Law.

10.13 In addition, in accordance with the Information Technology (Intermediary Guidelines and Digital media ethics code) rules, 2021, you agree not to host, display, upload, modify, publish, transmit, store, update or share any information that:

• belongs to another person and to which the user does not have any right;
• is obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
• is harmful to child;
• infringes any patent, trademark, copyright or other proprietary rights;
• deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government;
• impersonates another person;
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence, or prevents investigation of any offence, or is insulting other nation;
• contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
• violates any law for the time being in force.

10.14. In case of your non-compliance with Clause 10.13 above, we shall periodically and once in a year, inform you of your non-compliance. In case of any non-compliance by You, You agree that Frimline has the right to terminate your access or usage of the Website or remove your non-compliant information. 

11.) LIABILITY

We do not make any claims, promises, or guarantees about the accuracy, completeness, or adequacy of the advice and Content available through the Website and You understand that we will not be liable for errors and omissions in the Content available through the Website. Reference in the Website to any specific commercial products, processes, or services, or the use of any trade, firm or corporation name is for the information and convenience of the public and does not constitute endorsement or recommendation by us.

12.) SPONSORS, ADVERTISERS AND THIRD PARIES 

Our Website may contain sponsors, advertisers or third party websites, links or applications. You agree and understand that the content, privacy policies of these websites are not under Our control. You understand that once you leave Our servers and use of any third party websites, links or applications, You shall be governed by the privacy policy of the operator of the site used by you. FRIMLINE shall not be responsible for your dealings with advertisers in our Website participating in promotion. You agree that the dealings are solely between you and such third parties.

You acknowledge and agree that FRIMLINE is not liable for any loss or damage whether direct or indirect which may arise as a result of the availability of those external sites, or as a result of any dealings by you and the third party on such web sites or content.

13.) INDEMNIFICATION

To the maximum extent permitted by Applicable Law, you agree to defend, indemnify and hold FRIMLINE and its affiliates, subsidiaries, directors, agents and employees, and third parties associated with the Website harmless against any damages, costs and expenses, including reasonable attorneys’ fees, arising out of or related to your breach or violation of these Terms of Use.

14.) INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT

 

We respect the Intellectual Property Rights of others and You agree to protect FRIMLINE’s Intellectual Proprietary Rights and the intellectual proprietary rights of all others having rights in the Website during and after the term of this Terms of Use. We restrict Users from uploading, posting or otherwise transmitting materials that violate the Intellectual Property Rights of third parties.  You agree that you will not upload, post, or otherwise transmit materials on the Website that will violate the Intellectual Property Rights of FRIMLINE or third parties.

 

When we receive notification of alleged copyright complaints that do not comply with the Copyright Right Act, 1957, we promptly remove or disable access to the illegal infringing material. We may also terminate the accounts of the infringers.

 

If you are a copyright owner or an agent thereof and you believe that any content on the Website that infringes upon your copyrights, you may submit a notice to us at info@buy91.com.

15.) NOWARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS OR YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. FRIMLINE AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES ASSOCIATED WITH THE WEBSITE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY RIGHTS. FRIMLINE AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES ASSOCIATED WITH THE WEBSITE, DO NOT WARRANT THAT THE WEBSITE OR WEBSITE CONTENT ARE ERROR OR VIRUS FREE, WILL OPERATE WITHOUT INTERRUPTION, OR ARE COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS. FRIMLINE AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES ASSOCIATED WITH THE WEBSITE, DO NOT MAKE ANY WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR QUALITY OF THE CONTENT AND NO USER SHALL HAVE ANY REMEDY AGAINST FRIMLINE WITH RESPECT TO THE SAME. FRIMLINE AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES ASSOCIATED WITH THE WEBSITE DO NOT MAKE ANY WARRANTY ANY WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR QUALITY OF THE CONTENT AND NO USER SHALL HAVE ANY REMEDY AGAINST FLIMELINE WITH RESPECT TO THE SAME.

16.) LIMITATIONOF LIABILITY

IN NO EVENT SHALL FRIMLINE OR ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, OR THIRD PARTIES ASSOCIATED WITH THE  WEBSITE, BE LIABLE TO ANY USER OR ANYONE CLAIMING THROUGH ANY USER FOR (1) INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, OR (2) ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE OR INABILITY TO USE THE WEBSITE, LOSS OF LIFE, LOSS OF TIME, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF GOODWILL ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR THE WEBSITE OR THE CONTENT ACCESSIBLE THROUGH THE WEBSITE, EVEN IF THE POSSIBILITY OF SUCH DAMAGES IS FORESEEABLE. USERS AGREE THAT THE LIABILITY OF FRIMLINE, ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS, EMPLOYEES AND THIRD PARTIES ASSOCIATED WITH THE WEBSITE IS LIMITED SOLELY TO DIRECT DAMAGES AND IN NO EVENT SHALL IT EXCEED, THE AGGREGATE OF RS.1000.

17.) TERMINATION

We are constantly innovating, changing and improving our Website. We may, without notice, add or remove functionalities or features, create new limits to our Website, or temporarily or permanently suspend or stop a product on our Website.

You can withdraw consent to the use and/or processing of your personal data by contacting us at info@buy91.com and we shall remove the same shortly.

FRIMLINE may, in its sole discretion, immediately terminate, limit or suspend your account, delete your registration, other information, or User Content, and/or prohibit you from using or accessing the Website without any notice, if you have violated any of the provisions in this Terms of Use.

Either party may terminate the use of the Website at any time, with or without notice, for no reason or any reason. However, you continuing to use the Website constitutes your consent to us collecting data, mentioned within this Terms of Use.

Please email info@buy91.com for any termination inquiries/questions. On termination, you lose the right to access or use the Website.

If your account is terminated, access to your username, and all related information, files, and content associated with your account may be terminated. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with Applicable Law.

In the event of closure or termination of a User’s account with FRIMLINE, FRIMLINE shall not be liable for any payments with respect to activities of the User prior to such closure or termination, as the case maybe. It is further clarified that a User cannot claim any redemption the Rewards once the User’s account has been closed. FRIMLINE shall not be liable for any payments with respect to the Rewards or for any other matter whatsoever in the event of termination or closure of the User’s account.

18.) REPRESENTATION AND WARRANTIES

 You represent and warrant that:

• All registration information you submit are true, accurate, current, and complete.

• You have the necessary right, license, authorization or permission to post, upload or publish any video, image, text, information or any content that is permitted on the Website through your account. You hereby agree that by posting, uploading or publishing the same on our Website, You have authorized Us to use the same without any restrictions.

18.3. You represent and warrant that You are in compliance with all Applicable Laws when you access and use the Website. You agree to use the Website only in compliance with these Terms of Use and Applicable Laws, and in a manner that does not violate legal rights of FRIMLINE or those of any third party(ies).

19.) PRODUCT DESCRIPTION

We list availability information for products sold by us on the Website, including on each product information page. Beyond what we describe on that page or otherwise on the Website, we cannot be more specific about the availability of the products. Please note that dispatch estimates are just the estimated time. They are not guaranteed dispatch time and should not be relied upon as such. As we process your order, you will be informed by e-mail if any products you order turn out to be unavailable.

You agree that there may be information on our Website or in our catalogue that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Frimline reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

20.) OFFER, ACKNOWLEDEMENT AND ACCEPTANCE

Any prices, quotations and descriptions made or referred to on this Website are subject to availability, and the same does not constitute an offer and may be withdrawn or revised at any time prior to our express acceptance of your order. While we make every effort to ensure that items appearing on the Website are available, we cannot guarantee that all items are in stock or immediately available when you submit your order. We may reject your order (without liability) if we are unable to process or fulfill your order. If such case, we will refund any prior payment that you have made for that item in terms of our refund policy.

An order submitted by you constitutes an offer by you to us to purchase products on these terms and is subject to our subsequent acceptance. Prior to such acceptance, an automatic e-mail acknowledgement of your order may be generated. Please note that any such automatic acknowledgement does not constitute a formal acceptance of your order.

Our acceptance of your order takes effect and the contract concluded at the point where such an offer is expressly accepted by us dispatching your order and accepting your debit care, credit card or other payment ("Acceptance"). We may keep records of orders received, acknowledgement, acceptances and other contract records for a reasonable period after acceptance.

21.) PAYMENT AND REWARDS

• PAYMENT

21.1.1. Payments for purchase of our products available on the Website can be made by credit cards, debit cards, net banking, and wallets on the checkout page. All prices are inclusive of all local taxes as are applicable in India. Payment for all orders must be made by credit or debit card on the checkout page. Additional applicable taxes may be charged depending upon the destination where the order has to be shipped to. The tax rate applied and charged upon the order shall include the applicable taxes to where the order has to be shipped. We may also charge delivery charges which may include shipment charges and other applicable charges.

  21.1.2. While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you including but not limited to the following: (a) lack of authorization for any transaction/s; (b) or exceeding the present limit mutually agreed by you and between your bank (c) or any payment issues arising out of the transaction; (d) or decline of transaction for any other reason/s.

21.1.3. All payments made against the purchases of the products on our Website by you shall be as against the price displayed on the Website and the payments shall be in terms and conditions of the third party online payment gateway services as adopted and applicable to your transaction. The terms and conditions of the third party online payment gateway is set out in https://razorpay.com/terms/.

• TERMS OF REWARDS

   You agree to the following terms applicable you may get Rewards:

• Upon every completion of a purchase and check out through the Website you will earn exclusive Reward points.

• You can earn points for different actions and turn such points into Rewards. For instance, you can earn 1 point or every 1 Rupee spent on the order you place.

• The Rewards can be redeemed for purchase of products made through the Website. The Rewards cannot be used for purchase of products outside the Website.

• The Rewards can be used only for the purposes for which it has been issued and cannot be used for any other purposes.

22. )RETURN, REFUND, CANCELLATION AND SHIPPING

For purchase return, refund, cancellation and shipping of our Products, please refer to our terms of the return, refund and cancellation in our shipping policy Shipping Policy | BUY91.

23.) WEBSITEINFORMATION

  This Website does not sell or rent the User information to any third party. You hereby acknowledge that when you use the Website, We may collect your device number and other information. We cannot ensure the security of your data transmitted via the internet, telephone or any other networks.

24.) FORCE MAJEURE

  Without prejudice to any other provision herein, FRIMLINE shall not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond FRIMLINE control, including, without limitation, acts of the User or other Users, embargo or other governmental act, regulation or request affecting the conduct of FRIMLINE business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labour difficulties, lightning, flood, windstorm or other acts of God.

 25.) COMPLAINTS AND CUSTOMER CARE

You understand that by using this Website or any materials provided in the Website, you may encounter Website Content that may be deemed by some to be offensive, indecent, or objectionable, which Website Content may or may not be identified as such. You agree to use the Website and any related materials or services at your sole risk and that we will have no liability to you for the Content that may be deemed offensive, indecent, or objectionable. If you have any complaints, you may contact our customer care at the details provided below:

Customer Care Email: info@buy91.com

 26.) CONTACTUS

 If you have any questions concerning the Terms of Use please contact us at info@buy91.com.

27.) CONSENT FOR RECEIPT OF PHONE CALLS, SMSS AND/OR E-MAILS

Your registration on the Website shall be deemed to be your consent to be contacted by FRIMLINE, (i) on the mobile number shared by you (ii) by way of SMS or email notifications or messages in any other electronic form.

28.) MISCELLANEOUS

28.1 Governing Law and Jurisdiction: These Terms of Use is governed by the laws of the of India.  Any claim related to any dispute arising as a result of the Website or under these Terms of Use will be made before a court of competent jurisdiction located in Ahmedabad.

28.2 No Partnership:  You agree that no joint venture, partnership, employment, or agency relationship exists between You or other parties and FRIMLINE as a result of these Terms of Use or your access to or use of the Website.

28.3 Headings: Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section.

28.4 Severability: If any provision of these Terms of Use is held to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable. 

28.5 Waiver: The failure of FRIMLINE to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit FRIMLINE rights with respect to such breach or any subsequent breaches.

28.6 Survival: The obligations under the provisions of section 13,14, 15, 16, 17 and 28 will survive any expiration or termination of this Terms of Use.

28.7 Entire Agreement: This Terms of Use and the Privacy Policy on the Website constitute the entire agreement between you and FRIMLINE and govern your use of the Website, superseding any prior agreements between You and FRIMLINE.