2. Usage of Service:

a. www.boozapp.com is freely accessible to any individual or Person who can enter into legally binding contract in accordance with the provisions of the Indian Contract Act, 1872.

b. When you use the site www.boozapp.com you confirm that you are above the age of 18 and is legally capable of entering into legally binding contract in accordance with the provisions of the Indian Contract Act, 1872, and that the information you provide us is accurate, complete, and current at all times.

c. You shall not use or allow to be used the site www.boozapp.com for any unlawful purpose and be responsible for any misuse of site www.boozapp.com

d. You shall use the site www.boozapp.com from a valid IP Address.

e. Upon creation of an account by a user, the user, i.e. you shall be responsible for any and all activities or actions that occur under your account and/or password and shall not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization and you may not use as a username any name that is offensive, vulgar or obscene.

f. All registration information must be correct, complete and promptly updated by you each time it changes.

3. Limits of Liability

i. You hereby agree, understand and acknowledge that www.boozapp.com is merely a facilitator between the seller and the buyer for carrying out trade via our e-platform. There exists no contract between any user and www.boozapp.com with respect to any trade either carried out or proposed to be carried out on our e-platform.

ii. You hereby agree, understand and acknowledge that we are not involved in any sort of sale and/or purchase of any product or services listed on www.boozapp.com, and that our role is solely confined to providing a virtual platform to the parties for carrying out such trade.

iii. It is hereby made clear that any agreement arrived at by and between the parties regarding sale and/or purchase of any product/services listed on www.boozapp.com shall strictly be a bipartite agreement between the respective buyer and seller and we www.boozapp.com shall not be a party, indemnifier, surety or confirming party to any such transactions carried out on our e-platform;

iv. You hereby further agree and acknowledge that we are not the agents of any manufacturer, service provider, seller, buyer, or any other person entering into Trade under our e-platform.

v. While we take every reasonable care while onboarding any seller on our platform as to the genuineness of the seller, you hereby agree, understand and acknowledge that we have no means of ascertaining whether the seller is lawful owner of the product listed on www.boozapp.com, nor do we represent or hold out that, the product offered for sell on www.boozapp.com are free from any defect.

vi. We do not provide any guarantee, warrantee, surety, indemnity, confirmation or assurance about the description, quality, quantity, price, value, of any product or services listed on our e-platform; accordingly, you are requested to check description, quality, quantity, price, value, of the product of your choice before concluding any sale and you hereby agree, understand and acknowledge that under no circumstances, you shall hold us responsible for any loss or damage suffered by you in connection with any Trade or Transaction.

vii. We cannot and do not represent or hold out that we can exercise any practical control over what feedback and/or comments might be posted regarding your activity on our e-platform, nevertheless in case of any unwanted feedback and/or comment, you can write us at [email protected]. We assure you that appropriate steps will be taken in consonance with our policy;

viii. While trading on this site, you agree and acknowledge that we cannot and do not control, nor do we represent or hold out that we can or could control the conduct of the seller and/or buyer as to the manner in which the respective seller or buyer processes your personal information and thus we do not take any responsibility to any person for the manner in which such personal information is processed subsequent to any transaction carried out on our platform by and between the parties;

4. Seller’s Obligation

Subject to our discretion, you may upload the details of the product/s and service/s that you intend to offer for sale on www.boozapp.com in compliance with our listing policy, and if you do so, you represent, undertake and warrant to us as well as the users of www.boozapp.com that;

a) The information and/or data shared with us on www.boozapp.com (hereinafter referred to as ‘data’) is not false, deceptive, misleading and/or fraudulent;

b) Your data does not belong to another person and/or to which you do not have any right, and that the same does not and cannot harm any person and particularly minors in any manner whatsoever;

c) Your data does not contain any confidential information and/or otherwise infringes any patent, trademark, copyright or other proprietary rights, unless you have duly obtained consent of the concerned person/s;

d) Your data is not grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

e) Your data does not transmit any misleading or inaccurate and/or scandalous information pertaining to any individual or entity;

f) Your data does not contain viruses, malware, firmware, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

g) The product or services you offer for sale on our e-platform is reasonably fit and defect free for the purpose or purposes so far as such products/services are commonly bought as it is reasonable to expect, having regard to matters including, without limitation, the description of those products and their value and that the product details uploaded on our e-platform shall duly correspond with the product or services eventually delivered to the respective buyer;

h) The product or service listed for sale on our e-platform must be offered in due compliance with our Listing and other policies and all applicable laws for the time being in force;

i) You shall not post or offer for sale any item or material which is prohibited or restricted in any manner under the provisions of Applicable Law, and any Products that may contain ingredients that are prohibited under the Applicable Laws, including the list of prohibited items as set out in Schedule hereunder or are otherwise regulated as a controlled substance

5. Buyer’s Obligation

a) The information and/or data shared with us on www.boozapp.com (hereinafter referred to as ‘data’) is not false, deceptive, misleading and/or fraudulent;

b) Your data does not belong to another person and/or to which you do not have any right and that the same does not harm any person or harm minors in particular in any manner whatsoever;

c) Your data does not contain any confidential information and/or otherwise infringe any patent, trademark, copyright or other proprietary rights, unless you have duly obtained consent of the concerned person/s;

d) Your data is not grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

e) Your data does not transmit any misleading or inaccurate and/or scandalous information of pertaining to any individual or entity;

f) Your data does not contain any viruses, worms, trojan horses or other invidious programs or data, whether attached to or embedded in other programs or data;

g) You shall keep us informed about any changes pertaining to your profile information and will immediately edit your account/profile section with such updated information without any undue delay;

h) You have the legal capacity and lawful means to purchase any listed product/services that you intend to purchase, and, will not otherwise be breaching any law in purchasing those products or services;

6. Sale Transaction

The rules for carrying out Sale on www.boozapp.com are as follows;

i. The seller shall upload details of the goods or services that they intend to sell through Boozapp Stockist Mobile Application, which may include actual pictures or photographs of the same, subject to our listing policy;

ii. The Seller shall not list any prohibited item including any item which is earmarked as essential commodities under the Essential Commodities Act, 1955 as amended from time to time including the Amendment of 2020. In case the Seller lists or initiate to list any Prohibited Item, the administrator of www.boozapp.com shall remove such listing without any reference to the Seller;

iii. We will notify the seller upon order being placed and then the seller shall deliver the ordered item to the buyer as per agreed timeline and shall collect cash unless the buyer has already paid for the product at the time of ordering.

iv. Sellers shall provide prominently on package the shipping label having full details of the order number, consignee details, product details, return address i.e. the shipping address. www.boozapp.com provides feature for the seller to download and print the shipping label with all the details and the same shall be pasted on the package before the handing over to the sellers’ logistics partner.

v. Sellers shall agree that the shipment to be handed over to its logistic partner is in a tamper proof and damage proof packing.

vi. The Seller will be solely responsible to comply with all statutory requirements (State and Central Laws/Statutes) applicable in relation to booking and sale of the shipments carried and delivered by the logistics partners of www.boozapp.com in pursuance of this Agreement.

vii. The Seller shall be fully liable to its customers/buyers and neither www.boozapp.com shall have any direct or indirect connection/relationship or responsibility/obligation to seller’s customers, in any manner whatsoever.

7. www.boozapp.com’s Discretion

We reserve our right to alter and/or remove any information or withdraw any product/services listed for sale under following the circumstances;

a) Such product and/or services infringes upon and/or has the potential to infringe upon third party rights including any intellectual property right;

b) Such product and/or services may fasten any liability upon us for whatsoever reason;

c) Such products and/or services are not uploaded in compliance with our listing policy;

d) If we find that while accessing or remaining on www.boozapp.com you breach any provision of these terms and/or guidelines framed by us from time to time;

e) If it is otherwise not in our commercial interests to do so and/or we are compelled under any law to do so and/or for any other reason whatsoever.

f) You hereby irrevocably and unconditionally agree that any rights that you may have had against us in respect of any such action that we may take or may have taken under this Clause are hereby waived.

8. Monitoring

The Company shall have the right, but not the obligation, to always monitor the Site, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by the Company, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, the Company shall have the right to remove any material that the Company, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

9. Unforeseen Shutdown & Preventive Maintenance

i. The user acknowledges that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of BOOZAPP PVT LTD, and BOOZAPP PVT LTD shall not be responsible for any data lost while transmitting information on the internet.

ii. While it is BOOZAPP PVT LTD’s objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance.

iii. You understand and acknowledge that due to circumstances both within and beyond the control of BOOZAPP PVT LTD, access to the Site may be interrupted, suspended, or terminated from time to time.

iv. BOOZAPP PVT LTD shall have the right at any time to change or discontinue any aspect or feature of BOOZAPP PVT LTD, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, BOOZAPP PVT LTD may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

v. Our website users may experience difficulty in accessing website during maintenance down time or website updates. Apart from this, BOOZAPP PVT LTD reserves the right to suspend the operation of the website for emergency maintenance with assurance of minimum down time. We apologize for the inconvenience caused to our Users.

10. Termination

a) We may terminate or suspend or bar your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

b) If you wish to terminate your access, you may simply discontinue using the Service.

c) All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Indemnification

You agree to indemnify and hold the Company (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this T&C, or your violation of any law or the rights of a third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under these Terms arising out of violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of these Terms.

12. Third Party Payment Gateway:

While concluding a sale, you might have to make payment as per the terms the then prevailing. We have arranged to receive this payment through a third-party payment gateway. These third-party payment gateways are generally fairly protected from fraudulent activities and data misuse. However, there may be some isolated instances of fraud, misuse, on which we do not have any control. Accordingly, you are requested to take every precaution possible while using the payment gateway. Needless to mention, that in the unforeseen event of any fraud or misuse of your money by a non-connected website, BOOZAPP PVT LTD shall extend necessary support to you without any liability whatsoever.

13. Communication by the Company:

As a condition of using the Service you agree to subscribe to newsletters, marketing or promotional materials and other information we may send through emails / SMS/ Phone Calls. We will send you information regarding your account activity as well as updates about our Services and Products and promotional offers. You can opt-out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our email correspondences.

14. Links to Other Websites

i. You agree and undertake that our Service may contain links to third party web sites or services that are not owned or controlled by us and accordingly we have no control over those third-party web sites or services, and thus we assume no responsibility for the content, privacy policies, or practices of any third-party web sites or services. Furthermore, we do not warrant the offerings of any of these entities/individuals or their websites. Accordingly, you are at liberty to not use such third-party web sites or services.

ii. You also agree and undertake that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of www.boozapp.com or any third-party website or Application through www.boozapp.com.

iii. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

15. Return & Refund Policies:

Orders once placed are non-refundable.

16. Privacy, Collection of Personal Data and Use thereof:

We, in order to give and in the course our giving the Services, shall have the option to collect certain personal data from the User i.e. you. For Terms and Condition of Usage of such personal data please refer to our Privacy Policy.

17. Intellectual Property Rights

i. You acknowledge and agree that all the content available on our e-platform such as posts, images, offers, chats, deals, reviews, feedbacks, promotions as well as all software relating to our e-platform, are property of www.boozapp.com, its affiliates and/or third parties and that these remain the property of their respective owners and must not be used in any manner without the prior written consent of the concerned owner;

ii. You agree and undertake that you shall not reproduce, modify, distribute, store, transmit, publish or display on other website or create derivative works from any part of this website or commercialise any information obtained from any part of this website in any manner whatsoever;

iii. By posting or displaying any information, content or material on our e-platform and/or providing any content to us or our affiliates(s), and to the extent permitted under applicable laws, you grant an irrevocable, perpetual, nonexclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on this website and developing your ideas and suggestions for improved products.

18. Transfer and Assignment

In the event of any merger, sale and/or otherwise change in management and control of our business, we reserve our right without any limitation whatsoever to transfer or assign the personal information, content and rights that we have collected and/or acquired from you under these Terms of Use of our e-platform and/or any other agreements that may be concluded with you in the course of your use of the same.

19. Waiver

Our failure to exercise or enforce any right or provision under the foregoing terms will not constitute a waiver of any such right or provision and any waiver under these terms shall only be valid if it is in writing and duly signed by our authorised signatory.

20. Notices

All legal notices or demands to or upon www.boozapp.com shall be in writing and sent to us personally, by courier or e-mail to the following address.

DG Block (Newtown), Action Area I, 1/2, Newtown, West Bengal, India, Kolkata, West Bengal - 700156 Email: [email protected]

For any notice from our side, we shall use your last registered address and / or email as available to us and any service to such address shall be a good service at all point of time.

21. Severability

If any part of the foregoing terms is found to be void, unlawful and/or unenforceable, then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of this user agreement shall remain in force and constitute a binding agreement between you and www.boozapp.com.

22. Force Majeure

We shall not be held responsible or liable for any failure to perform any obligations under these Terms or the provisions of this User Agreement, if prevented obstructed or delayed by an event of force majeure, including but not limited to internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances / disobedience, shortages of labour or materials, fires, flood, storms, earth quakes, explosions, pandemics/epidemics, lockdown, quarantine restrictions, inter-state dispute, legal sanctions by any court of law having jurisdiction over us, change in law, acts of God, war, governmental actions or non-performance of third parties etc.

23. Dispute Resolution

As www.boozapp.com is only providing a free platform as a facility to connect buyers and sellers, without undertaking any obligation to of dispute resolution failing, that recourse to arbitration may be had. The arbitration shall be conducted in Kolkata in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and Courts in Kolkata shall have the exclusive jurisdiction over all proceedings in respect of or in relation to the same. this agreement. The language of arbitration shall be English. either, whether contractual or otherwise, including any obligation to either vet or vouch for such products or services, to provide any facility for storage, or to ensure the quality or condition of the any products or services, and is furthermore not charging any consideration for use of the platform, no dispute or difference can ordinarily arise out of or in relation to these Terms or the provisions of this User Agreement, including its terms & conditions, privacy and listing policies. In the event of, however, any genuine dispute still arising in relation to this agreement, such dispute, if arbitrable, shall be referred to a sole arbitrator to be mutually appointed by the parties. Before seeking recourse to arbitration, the parties will, however, be first required to amicably resolve their disputes and differences on best effort basis by way of good faith negotiation / mediation. It is only in the event of such avenues

24. Governing Law and Jurisdiction

These Terms are governed by and shall be construed in accordance with the Laws of India, and if a dispute arises from these Terms, you irrevocably agree to submit to the exclusive jurisdiction of the courts at Kolkata.