Terms and Conditions

These Terms of Use apply to the Billu Personal Care Website or Apps(https://billu.co.in/) or any app associated .Billu Personal Care    private limited, a private limited company established in India, having its registered office at address G-267, EPIP, Sitapura Industrial Area, Jaipur – 302022, India.

By accessing this Website or Apps , you acknowledge that you accept the following terms. In the event that you do not understand or accept any of the terms herein, you should discontinue your use of this Website or Apps.

This Website or Apps is operated by Billu Care Private Limited . Throughout the site, the terms “we”, “us” and “our” refer to Billu Care Private Limited or its Partner and you refer to user or individual availing services . The Billu Personal Care     Private Limited   offers this Website or Apps, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. To the extent permissible by law,   Billu Personal Care    private limited reserves the right to alter these Terms of Use at any time without providing notice. You are responsible for regularly checking for any changes to these Terms of Use. Your continued use of this Website or Apps after any such changes are released shall be deemed as your acceptance of said changes.

This document is a digital record in terms of information technology Act 2000,and policies there under as applicable .It is issued with reference to  Record Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 or any modified rules concerned with electronic records of information technology act 2000 and Rule 3(1) of the IT guidelines  Rules 2011.

This Document is also abiding General Data Protection Regulation(GDPR)with  Regulation lays down rules relating to the protection of natural persons with regard to the processing of personal data and rules relating to the free movement of personal data.

This document governs by the Digital Personal Data Protection Act 2023 with abiding all obligations under sec 4 of the act .

DEFINITIONS OF TERMINOLOGY

  1. Service(s) It can be defined as any of the services listed by  Billu Care Personal Partners or on the Billu Care Personal  App and Website or Apps for customers, including the services proposed to be rendered and listed on the Billu Care Personal  Platform.
  2. Bookings or Appointments Bookings or appointments can be described as the process where the customer/user selects the services of their choice listed on the Billu Care Personal App or Website or Apps and books/requests an appointment as per their convenient time.
  3. Booking Amount, Fees, Charges: It can be defined as the total amount to be charged for the services and acceptance of the terms of use for receiving the services, Booking ID shall be generated containing the booking details. For Partners, booking amount can be cash (Pay at Counter) and online (Pay Now).The prices of the services listed on the Billu Care Personal  App and Website or Apps shall be excludes of all costs and GST as applicable.
  4. Customer(s) or User(s) “Customers” or “Users” are the individuals or group of individuals with the purpose of getting the hair, beauty, makeup, grooming and spa services provided by the partners or artists.
  5. Confidential Data “Confidential Details” is the information related to Billu Care Personal  Platform, to the customers and services solicited through the Platform that is non public information that include but are not limited to any data signifying or unique to specific users, insights, reports, and other sensitive details about the Services, information derived from the services and bookings. Billu Care Personal  Platform and its customers’ personal data shall be deemed ‘Confidential’ at all times except in certain circumstances .
  6. Billu Care Personal  Partners and Partner’s Location “Billu Care Personal  Partners” refers to the registered salons, parlors and spas which are entitled to enlist their services and other details related to the services on the Billu Care Personal  App and Website or Apps for solicitation of end-customers and are binded by concerned agreement. The Location of outlets/facilities for delivery of services which the partners provide during the process of Partner Registration shall be known as Partner’s Location.
  7. Provision of Services for Billu Care Personal  Partners: It is the process of delivering the enlisted and booked service by the registered Partner to the customer during the time when the customer was present at the Partner’s Location.
  8. Rights to Intellectual Property: “Intellectual Property Rights” means any Trademark, copyright, patent, trade secret, moral right or any possible intellectual property right arising under any Laws and all ancillary and related rights, including all rights of registration and renewal and causes of action for violation, misappropriation or infringement of any of the Intellectual Property.
  9. Law(s) Law shall be any law, rule, ordinance, regulation, order, licence, permit, judgement, decision or other requirement, now or hereafter in effect, of any government authority of competent jurisdiction applicable in India.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

If you access and use the Services, you agree to be bound by these Terms, which create a contractual relationship between you and Billu Personal Care. If you do not agree to these Terms, do not access or use the Services. These Terms expressly supersede any prior written agreements with you.

Additional terms may apply to certain Services, such as guidelines for a particular event, activity or promotion, and such additional terms will be communicated to you in connection with the applicable Services. Additional Terms are in addition to the Terms and are considered part of the Terms for purposes of the applicable Services. Additional Terms will prevail over these Terms in the event of a conflict with respect to the applicable Services.

  1. THE SERVICES

    Billu Personal Care provides the Services to you under this Agreement. The Services are the provision of a technology platform that enables you, as a user of the Billu Personal Care  Apps or mobile application (each, an “Application”) or the Website to: (a) arrange and schedule personal care services with Billu Franchise, which may be third party providers of such services that have a contract with Billu Personal Care or its affiliates (“Third Party Providers”); and (b) facilitate payments to Third Party Providers for the Services and receive receipts for such payments.

  2. LICENSE

    Subject to your compliance with these Terms, Billu Personal Care grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:

    (i) access and use the Billu Platform on your personal device solely in connection with your use of the Services; and (ii) access and use content, information and related materials made available through the Services, in each case solely for your personal, non-commercial use. All rights not expressly granted herein are reserved by Billu Personal Care and Billu Personal Care’s licensors.

  3. OWNERSHIP

    The Services and all rights therein are and shall remain Billu Personal Care’s property or the property of Billu Personal Care’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights:

    1. in or related to the Services except for the limited license granted above; or
    2. to use or reference in any manner Billu Personal Care’s company names, logos, product and service names, trademarks or services marks or those of Billu Personal Care’s licensors.
  4. RESTRICTIONS
    • RESTRICTION ON ACCESS TO Website or Apps

      Billu Personal Care may restrict you from accessing or using the Services, or any part of them, immediately, without notice, in circumstances where Billu Personal Care reasonably suspect that:

    1. You have violated or are likely to violate these Terms; and/or
    2. You are not authorized, or are not likely to be authorized, to access and use the Services under applicable law or the standards and policies of Billu Personal Care    and its affiliates.
    3. Billu Personal Care may terminate these Terms or any Services with respect to you, or discontinue offering or deny access to the Services or any part thereof generally:
    4. Immediately if Billu Personal Care has reasonable grounds to suspect that:
      • you have violated or are likely to violate these Terms; and/or
      • You are not or are not likely to be qualified to access and use the Services under applicable law,
      • Billu Personal Care’s and its affiliates’ standards and policies; or upon 30 days’ notice if Billu Personal Care terminates these Terms or Services for legitimate business, legal or regulatory reasons.

    Without prejudice to Billu Personal Care’s other rights under these Terms, Billu Personal Care may immediately limit or disable your access to the Services at any time if you violate the Community Guidelines.

    • OTHER RESTRICTIONS

      You may not:

      1. remove any copyright, trademark or other proprietary notices from any portion of the Services;
      2. reproduce, modify, create derivative works from, distribute, license, rent, sell, resell, transmit, publicly display, publicly perform, broadcast, stream, or otherwise exploit the Services, except as expressly permitted by Billu Personal Care;
      3. decompile, reverse engineer or disassemble the Services, except as permitted by applicable law;
      4. link, mirror or frame any part of the Services;
      5. cause or launch any program or script to scrape, index, monitor or otherwise data mine any portion of the Services, or improperly burden or interfere with the operation and/or functionality of any aspect of the ServiceS.
      6. attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
  5. MODIFICATIONS TO TERMS OF USE AND/OR PRIVACY POLICY
    1. Billu Personal Care reserves the right, in its sole discretion, to change, modify or otherwise amend the Terms and any other documents referenced herein at any time to comply with legal and regulatory frameworks or to pursue other legitimate business purposes. Billu Personal Care    will post the modified terms on www.Billu.co.in.
    2. It is your responsibility to review the Terms of Use for any changes, and we encourage you to review the Terms of Use periodically. Your use of the Website (www.Billu.co.in) (“Website”) or Apps (as defined below) (collectively, the “Billu Platform”) after the date on which the changes to the Terms of Use become effective means that you agree to and accept the amended Terms of Use. If you do not agree with these or any future Terms of Use, you should not use.
    3. Billu Personal Care may, from time to time, change the policies or supplemental terms (including the Community Guidelines) relating to the Services. Billu Personal Care will provide you with at least 30 days’ written notice of any material change in policies or supplemental terms that affects your rights under these Terms. The changes will be effective once Billu Personal Care has posted the changed policy or supplemental terms on the applicable Service. If you continue to access or use the Services after such posting or after the expiration of the notice period (whichever is later), you agree to be bound by the amended Terms.
  6. PRIVACY POLICY
    1. Billu Personal Care has created a privacy policy that explains to users how their personal information is collected and used.
    2. The privacy policy can be found at: Privacy Policy. The Privacy Policy contains information about how users can access and correct their personal information at Billu Personal Care and how to file a privacy complaint
    3. The Privacy Policy is hereby incorporated into the Terms of Use set forth herein. Your use of this Website or Apps and/or the Applications is subject to the Privacy Policy.
    4. Billu Personal Care may disclose users’ personal information (name, email and cell phone number) to third parties. Billu Personal Care may provide any necessary information (including your contact information) to a claims adjuster or insurer if there is a complaint, dispute or conflict, including an accident, between you and a third party and such information or data is necessary to resolve the complaint, dispute or conflict.
    5. Billu Personal Care may also provide necessary information (including your contact information) to a law enforcement agency, legal entity, government agency and/or investigative agency if required to do so by law or in furtherance of an investigation involving you and a third party and if such information or data is necessary for the investigation/investigation being conducted by said entity and/or agency.
  7. PROVISION OF SERVICES

    You acknowledge that portions of the Services may be made available under Billu Personal Care’s various brands or request options. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of Billu Personal Care’s subsidiaries and affiliates; or (ii) independent Third Party Providers.

  8. THIRD PARTY SERVICES

    The Services may be made available or accessed in connection with third party services and content (including advertising) that Billu Personal Care    does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Billu Personal Care does not endorse such third party services and content and in no event shall Billu Personal Care    be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service

  9. YOUR USE OF THE SERVICES
    • User Account
      1. In order to avail  of the Services, you must register for and maintain an active personal user Services account (” Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise.
      2. Account registration requires you to submit to Billu Personal Care certain personal information, such as your name, address, mobile phone number, email, as well as at least one valid payment method or business information in case of partner . You agree to maintain accurate, complete, and up-to date information in your Account.
      3.  Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services.
      4. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Billu Personal Care in writing, you may only possess one Account.
    • User Obligation
      1. The Service is available to minors under the age of 18 with parental supervision and authorization.
      2. You are not permitted to assign or transfer your Account to another person or business. When accessing or using the Services, you undertake to follow all applicable laws, and you may only access or use the Services for legitimate purposes.
      3. You agree that neither the third-party provider nor any other person will suffer any nuisance, annoyance, inconvenience, or property damage as a result of your use of the services. You acknowledge that in some cases, in order to access or use the Services, you may be required to produce identification documentation or another form of identity verification, and that if you do not comply, you risk having your access or use of the Services terminated..
    • No Discrimination.

      Third Party Providers shall not discriminate on the basis of racial, religious, caste, ethnic origin, disability or sexual orientation, gender, marital status or gender identity or age, or any characteristic that is protected by applicable law. Examples of such discrimination include refusing to accept services on the basis of any of the above-mentioned characteristics. If you are found to violate this prohibition, you will be removed from the Billu Personal Care    platform. In certain jurisdictions, applicable laws may mandate and/or permit the supply of services by, or for, specified categories of persons. Services provided in accordance with applicable laws and relevant terms are permissible in such jurisdictions.

    • Text Messaging

      By signing up for the Services, you consent to the receive Services of messaging being used as part of their normal business operations. You have the right to choose at any time whether or not you want to receive SMS text messages from the Services. By choosing to stop receiving SMS text messages, you give your consent at any time by informing Billu Personal Care    of your decision to stop receiving such text (SMS) messages. . You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

    • Promotional Codes.

      Billu Personal Care may, in Billu Personal Care’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Billu Personal Care establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes:

       (i) must be used for the intended audience and purpose, and in a lawful manner;

       (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Billu Personal Care;

      (iii) may be disabled by Billu Personal Care at any time for any reason without liability to Billu Personal Care;

       (iv) may only be used pursuant to the specific terms that Billu Personal Care establishes for such Promo Code;

      (v) are not valid for cash; and

      (vi) may expire prior to your use. Billu Personal Care reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Billu Personal Care reasonably determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

    • User Provided Content.

      Billu Personal Care may, in Billu Personal Care’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Billu Personal Care through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”).

       Any User Content provided by you remains your property. However, by providing User Content to Billu Personal Care   , you grant Billu Personal Care a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Billu Personal Care’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

      You represent and warrant that:

      1. you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Billu Personal Care the license to the User Content as set forth above; and
      2. neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Billu Personal Care ’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and
      3. you are not providing feedback for services performed by you in your capacity as a service provider on the platform.

      You agree to not provide User Content that is defamatory, grossly harmful, blasphemous, paedophilic, invasive of another’s privacy, ethnically objectionable, disparaging, relating or encouraging money laundering of gambling, libelous, hateful, racist, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Billu Personal Care in its sole discretion, whether or not such material may be protected by law. Billu Personal Care  may, but shall not be obligated to, review, monitor, or remove User Content, at Billu Personal Care   ’s sole discretion and at any time and for any reason, without notice to you

  10. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY
    • Limitation Subject to Consumer law

      THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING THE RELEVANT CONSUMER LAW LEGISLATION.

    • Disclaimer

      EXCEPT AS REQUIRED OF BILLU PERSONAL CARE’S UNDER THE CONSUMER GUARANTEES, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BILLU PERSONAL CARE’S DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. BILLU PERSONAL CARE’S DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, INCLUDING THE RELEVANT CONSUMER LAW LEGISLATION.

    • Limitation of Liability

      IF YOU ARE ACQUIRING THE SERVICES AS A CONSUMER,BILLU PERSONAL CARE’S LIABILITY FOR A FAILURE TO COMPLY WITH A CONSUMER GUARANTEE IS LIMITED TO: IN THE CASE OF SERVICES SUPPLIED TO YOU AS PART OF THE SERVICES UNDER THIS AGREEMENT, THE SUPPLY OF THE RELEVANT SERVICES AGAIN, OR THE PAYMENT OF THE COST OF RESUPPLYING THE SERVICES

      BILLU PERSONAL CARE’S LIABILITY TO YOU FOR A BREACH OF ANY CONDITION, WARRANTY OR TERM OF THIS AGREEMENT THAT IS NOT A BREACH OF A CONSUMER GUARANTEE IS LIMITED IN THE FOLLOWING WAY:  BILLU PERSONAL CARE’S SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF BILLU PERSONAL CARE’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BILLU PERSONAL CARE’SSHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF:

      (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR

      (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF BILLU PERSONAL CARE’S   HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BILLU PERSONAL CARE’S SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND BILLU PERSONAL CARE’S REASONABLE CONTROL. IN NO EVENT SHALL BILLU PERSONAL CARE’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED RUPEES TWO THOUSAND (INR 2,000).

      BILLU PERSONAL CARE’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE PERSONAL CARE SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT Billu Personal Care HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS

      BILLU PERSONAL CARE’S WILL MAINTAIN A COMPLAINTS MANAGEMENT FRAMEWORK, AND WILL MANAGE THIS FRAMEWORK ON BEHALF OF THIRD PARTY PROVIDERS, IN A REASONABLE WAY AND IN ACCORDANCE WITH THE NON-EXCLUDABLE REQUIREMENTS OF THE RELEVANT CONSUMER LAW LEGISLATION.

      NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS, BILLU PERSONAL CARE’S WILL NOT BE DEEMED TO BE IN DEFAULT OR BE RESPONSIBLE FOR DELAYS OR FAILURES IN PERFORMANCE RESULTING FROM ACTS BEYOND THE REASONABLE CONTROL OF BILLU PERSONAL CARE’S. SUCH ACTS SHALL INCLUDE BUT NOT BE LIMITED TO ACTS OF GOD, RIOTS, ACTS OF WAR, EPIDEMICS, PANDEMICS, TRADE EMBARGOES, FIRE, TYPHOONS, EARTHQUAKES, OTHER NATURAL DISASTERS. ETC

      THE LIMITATIONS AND DISCLAIMER IN THIS DOCUMENT DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING ANY OF THE NON-EXCLUDABLE REQUIREMENTS OF THE RELEVANT CONSUMER LAW LEGISLATION.

  11. INDEMNITY

    You agree to indemnify and hold Billu Personal Care and its affiliates and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with:

    1. your use of the Services or services or goods obtained through your use of the services;
    2. your breach or violation of any of these Terms;
    3. Billu Personal Care ’s use of your User Content; or
    4. your violation of the rights of any third party,including Third Party Providers (“Losses “).

    Your liability under this clause shall be reduced proportionately if, and to the extent that, Billu Personal Care    directly caused or contributed to any such Losses

  12. INTELLECTUAL PROPERTY RIGHTS:LICENSE GRANT
    • Except where expressly provided otherwise, any license to any service you avail through any Billu Personal Care platform  is personal and non-transferable. It is tied to your Billu Personal Account and you may not assign, rent, lease, sell, resell, sublicense, distribute or otherwise transfer it to any third party, except to the extent and under the conditions the respective applicable terms of such Offering or mandatory statutory law expressly permit the transfer of such licence.
    • The Billu Services, Trademark,logos,name are the intellectual property of Billu care Personal . You are granted only a limited, non-exclusive, non-transferable right to use the Billu Services for the purpose, pursuant to the terms hereof, and for the term of this Agreement. In particular, you may not
      • modify, adapt, translate or create derivative works based upon the Billu Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; or
      • attempt to disable or circumvent any security mechanisms used by the Billu Personal Care Services, or copy, modify, create a derivative work of, decompile or otherwise attempt to extract the source code of the Billu Personal Care Services or any part thereof, unless (i) specifically authorized by Billu Personal Care in writing, or (ii) to the extent such acts are necessary to achieve interoperability with a third software, but only if (a) Billu Personal Care or its licensors had not published details about the interfaces of the respective Billu Personal Care    Service before and has not provided such details upon your written request, (b) only those parts of the respective Billu Personal Care Service are disassembled that are necessary to achieve interoperability, (c) the obtained information is only used to achieve interoperability, (d) the obtained information is not made available in any way to any third party except as required for the purpose of achieving interoperability; and (e) the obtained information is not used to develop or market services which is similar to the respective Billu Personal Care Service or for any other actions that infringe Billu Personal Care’s and/or its third party licensor’s rights.
  13. GOVERNING LAW; ARBITRATION
    1. The Terms and Condition shall be governed by and construed in accordance with laws of India .
    2. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or  Terms, including those relating to their validity, interpretation or  enforceability or with the services provided by a Third Party Provider (any “Dispute”)shall be governed by either Arbitration or Compliant procedure to the Grievance officer but arbitration prevails over any mechanism . Provided that the seat of the arbitration shall be at Jaipur and any proceedings relating to the arbitration shall be heard at Jaipur and the  enforcement or execution of the award shall be within the jurisdiction of the Court of Jaipur.
    3. Billu Personal Care or its affiliates operate a complaints process to allow you to make complaints about Billu Personal Care or Third Party Providers, and Billu Personal Care or its affiliates also administer efunds to you in relation to those complaints. Billu Personal Care or its affiliates will operate this complaints  procedure in a reasonable manner.
    4. You agree and acknowledge that you must raise Dispute with the Services or the services provided by a Third Party Provider as soon as  possible , but no later than 48 hours from the time the Dispute arises. If you  don’t raise a Dispute within 48 hours from the initial occurrence of such Dispute, Billu Personal Care shall be under no obligation to resolve such Dispute. If a Dispute is reported more than 48 hours after the initial occurrence of the Dispute Billu Personal Care shall in its sole discretion choose whether or not to attempt resolution of the Dispute
    5. In addition, you may have rights to make a complaint to fair trading or consumer law bodies in relation to applicable consumer laws, including the nonexcludable portions of the relevant Consumer Law legislation.
    6. All proceedings, including documents and pleadings submitted by the parties, correspondence, orders, and awards of an arbitrator, shall be kept strictly confidential and shall not be disclosed to any third party without the express written consent of the other party, unless (i) disclosure to the third party is reasonably necessary in connection with the conduct of the mediation or arbitration, and (ii) the third party unconditionally agrees in writing to be bound by the confidentiality obligations set forth in these Terms.
  14. ASSIGNMENT

    You may not assign or transfer these Terms in whole or in part without Billu Personal Care’s prior written approval. You give your approval to Billu Personal Care for it to assign or transfer these Terms in whole or in part, including to:

    1. A subsidiary or affiliate;
    2. An acquirer of Billu Personal Care’s equity, business or assets; or
    3. A successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Billu Personal Care or any Third Party Provider as a result of the contract between you and Billu Personal Care    or use of the Services.
  15. SEVERABILITY

    If any term, provision, covenant or restriction of this Agreement is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, void or unenforceable, the remaining terms, provisions, covenants and restrictions of this Agreement shall remain in full force and effect and shall not be affected, impaired or invalidated in any way, and the parties hereto shall use commercially reasonable efforts to find and apply an alternative means to achieve the same or substantially the same result as intended by such term, provision, covenant or restriction. It is hereby agreed and declared that it is the intention of the parties hereto to perform the remaining terms, provisions, covenants and restrictions without the inclusion of those which may be subsequently declared invalid, illegal, void or unenforceable.

  16. NOTICE

    Billu Personal Care may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Billu Personal Care by written communication to Billu Personal Care’s address at G-267, EPIP, Sitapura ind. Area, Jaipur, India 302022.

  17. CLAIM OF COPYRIGHT INFRIGNMENT

    Claims of copyright infringement should be sent to [email protected].

  18. GREIVANCE REDRESSAL MECHANISM

    Grievance Officer.

    For the purposes of Consumer Protection Act, 2019 and rules and regulations thereunder, the grievance officer of Billu Personal Care shall be:

    Mr. Mithun Chatterjee

    Mobile – 9610155117

    Email – [email protected]

    Billu Personal Care Private Limited

    G-267, EPIP, Sitapura ind. Area, Jaipur, India 302022

    E-mail: [email protected]

    Timings: 10 AM – 5 PM, Monday-Friday, excluding public holidays.