Last updated on: 1 June, 2018

PLEASE READ THESE GENERAL TERMS AND CONDITIONS (THE “TERMS OF USE”) CAREFULLY BEFORE ACCESSING ANY SERVICES MADE AVAILABLE BY BNEXT PLATFORM (as defined below). BY ACCESSING, USING OR SIGNING UP ON THE BNEXT PLATFORM, YOU SIGNIFY AND ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND YOU ARE AGREEING TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE. YOU AGREE THAT THESE TERMS OF USE CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND RETNEXT TECHNOLOGIES PRIVATE LIMITED, A PRIVATE LIMITED COMPANY, HAVING ITS REGISTERED OFFICE AT PLOT NO 19, MULBERRY GARDEN PHASE 1, MAGARPATTA CITY, HADAPSAR, PUNE -411028, MAHARASHTRA, INDIA (HEREINAFTER REFERRED TO AS “BNEXT” OR “COMPANY”). IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, PLEASE DO NOT ACCESS THE BNEXT PLATFORM, OR ANY OTHER SERVICES AND FEATURES. 

 

In these Terms of Use, references to
 

  • Bnext mobile application (“Mobile Application”)/www.bnext.in (“Website”) shall collectively be hereinafter referred to as the “Bnext Platform”;

 

  • User shall mean any natural or legal person who makes use of any portion of the Bnext Platform or Services with or without creating an online Account;

 

  • "You", "Your", “Buyer” and “Seller”, shall mean any natural or legal person (individual, firm, entity, company, enterprise, etc.) who has been authorised to buy/purchase the Products (as defined below) from the Sellers or sell the Products to the Buyers by accessing Bnext Platform either as a guest User or as a registered user through its Account and has accepted these Terms of Use for accessing the Bnext Platform;

 

  • "We", "Us", "Our", “Licensor” and “Company” shall mean "Bnext”;

 

  • “Buyers” means any party purchasing, intending to purchase the Products or browsing through the Bnext Platform;

 

  • “Sellers” means any party selling or intending to sell the Products or listing the products through the Bnext Platform;

 

  • “Account” means Buyer/Seller (as the case may be) given an online account by way of a username and password to use the Services;

 

  • “Licensee” means a User of Bnext Platform having an Account who has been authorized to buy or sell Products by accessing the Bnext Platform as a registered user and has accepted the terms of conditions herein, esp. w.r.t. license of software;

 

  • “Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registered or unregistered, including any application or right of application for such rights (and the intellectual property rights referred to above include but are not limited to copyright and related rights, database rights, computer data, generic rights, confidential information, trade secrets, registered designs, moral rights, know-how, business names and logos, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);

 

  • “Permitted Purpose” means the use of Software or the Services-

For Buyer: by the Licensee in capacity of Buyer for (i) browsing through the Bnext Platform to assess and compare prices of available Products; (ii) availing Services from time to time subject to Bnext’s subscription policy (if any); (iii) use for the lawful purpose of buying Products, from various Sellers on the Bnext Platform; (iv) check order summaries for all transactions on Bnext Platform; or (v) in a manner set forth herein.

 

For Seller: by the Licensee in capacity of Seller for (i) availing Services from time to time subject to Bnext’s subscription policy (if any); (ii) use for the lawful purpose of giving price quotes for Your Products, fit for being used/consumed, and expanding Your reach to maximum Buyers on Bnext Platform; (iii) add more Products on Bnext Platform for sale; (iv) receive orders and check order summaries for all transactions on Bnext Platform; (v) update order dispatch status for each transaction on Bnext Platform; or (vi) in a manner set forth herein.

 

Notwithstanding the above, the Licensee shall not: (i) create a derivative work of the Software; (ii) use third party components (if any) included in the Software as a separate, stand-alone product;

Clauses with words “For Sellers” or “For Buyers” shall be applicable only to Sellers or Buyers respectively.

 

BY USING THIS BNEXT PLATFORM YOU AGREE AS FOLLOWS:

  • Introduction:

These Terms of Use are subject to change from time to time at Our sole discretion, and any changes will be effective immediately upon posting on the Bnext Platform. You are responsible for regularly reviewing these Terms of Use so that You will be apprised of any changes. You can determine when these Terms of Use were last revised by referring to the [“LAST UPDATED”] legend at the top of these Terms of Use. Your continued use of the Bnext Platform after such changes will indicate Your acceptance of such revised Terms of Use. We are committed to providing quality content to You and encourage You to contact us via CONTACT US information provided on Our Bnext Platform at www.bnext.in

  • What are Our Services?

The Bnext Platform is an electronic platform in the form of an intermediary that provides services to facilitate the engagement of Buyers and Sellers for commerce and including but not limited to internet based services (“Service”) on the Bnext Platform and such other services that are incidental and ancillary thereto. Your subscription to the Services is solely at Your discretion.

 

For Buyers: The Service enables You to select the available merchandise on Bnext Platform (collectively, "Products") that you intend to buy from the Sellers willing to sell their Products on-line or offline. You can thereafter place an order via Bnext Platform for purchase of these Products. We are not responsible for any conduct or behaviour of the Sellers whom You approach/contact for purchase of Products offered by Sellers on Bnext Platform.

 

For Sellers: The Service enables You to offer/ inform the price quotations and availability of the merchandise available with You or at Your shop/establishments/outlets (collectively, "Products") for sale to prospective Buyers, who are searching for these Products on-line or offline. Bnext reserves the right to verify or suggest editions to the information made available by You on the Bnext Platform for Buyers. The Buyer can thereafter place an order via Bnext Platform for purchase of these Products. We are not responsible for any conduct or behaviour of the Buyers who approach/contact you for the Products offered by You on Bnext Platform.

  • Who Are Eligible To Use Our Services?

The Services are not available to minors under the age of 18 (eighteen) or to any Buyers/Sellers suspended or removed from the Bnext Platform by Bnext for any reason whatsoever. If You are disqualified as per the preceding sentence, You shall not be permitted to avail the Services or use the Bnext Platform. You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of 18 (eighteen) years, please read through these Terms of Use with Your parent or legal guardian, and in such a case these Terms of Use shall be deemed to be a contract between Bnext and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.

 

For Buyer: The Services shall only be available to You if (i) You have a valid and active GSTN, if applicable; (ii) You are the authorised representative acting on behalf of Yourself or Your shop/establishments/outlets and purchasing the Products available on the Bnext Platform; (iii) You have an active current bank account in the name of the entity for which You have shared the GSTN (to receive refunds, if applicable); (iv) You are an active user of a smart phone; and (v) You have an active email address for electronic communication with Bnext.

 

For Seller: The Services shall only be available to You if (i) You have a valid and active GSTN, if applicable; (ii) You are authorized dealer, distributor, wholesaler, reseller, agent, manufacturer of the since it’s not an app, buyer can use the system even without a phone brand or Product that You wish to sell through the Bnext Platform; (iii) You are the authorised representative acting on behalf of Yourself or Your shop/establishments/outlets and dealing in the Products which are eligible to be sold on the Bnext Platform; (iv) You have an active current bank account in the name of the entity for which You have shared the GSTN; (v) You are an active user of a smart phone; and (vi) You have an active email address for electronic communication with Bnext.

 

Bnext reserves the right to refuse access to use the Services offered at the Bnext Platform to new users or to terminate access granted to existing Buyers/Sellers at any time without according any reasons for doing so.

  • Buyer/Seller Account, Password and Security:
     

    • In order to use the Services, the User may create an account and provide to the Company necessary information, data, login id, passwords, usernames, PINs, email address, mobile number, other log-in information, materials or other contact information and content (collectively “Account Information”) and / or authenticate itself through APIs provided by third parties such as Google, Microsoft, or other service providers which the Company integrates with the Services from time to time

    • In the event the Buyers create an Account to use the Company’s Services, they shall do so only after submitting accurate, complete and authentic Account Information which may be duly validated and authenticated by Bnext or its authorized agents. Sellers are permitted use the Company’s Services only after submitting accurate, complete and authentic Account Information duly validated and authenticated by Bnext or its authorized agents. In order for the Bnext Platform and Services available therein to function effectively, You must keep Your Account Information up to date and accurate. You are responsible for safeguarding Your authentication credentials and You agree not to disclose these credentials to any third party. You agree to take sole responsibility for any actions made using Your authentication credentials, whether or not You have authorized such actions. You agree and understand that You are responsible for maintaining the confidentiality of Your Account Information which would allow You to access the Bnext Platform and use the Services available on the Bnext Platform. You will immediately notify Company of any unauthorized use of Your authentication credentials. By providing the Company with Your email address and/or mobile number at the time of registration, You agree to receive all required notices electronically, to the registered e-mail address and/or mobile number via call/text messages, etc.
       

    • You shall not have more than one active Account on the Bnext Platform. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purpose of creating an Account with the Bnext Platform.
       

    • You confirm that You are truthfully/correctly indicating Yourself as either the employee or manager or owner of the establishment and providing accurate credentials including but not limited to name, brand name, address, phone number, GSTN, Bank details and not misrepresenting any of such information. Bnext cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. Your Account shall be subject to suspension by Us, on Our sole discretion, in the event of ascertainment of any false information provided by You in regard with this section.
       

    • For Buyers: When You access this Bnext Platform, You register Your Account Information in our database which will be maintained by Us and will be used for (i) enhancing Your user experience; (ii) browsing, selecting and ordering Products available on Bnext Platform; (iii) viewing order related information; (iv) make payment for orders placed by You.
       

    • For Sellers: When You access this Bnext Platform, You register Your Account Information in our database which will be maintained by Us and will be used for (i) enhancing Your user experience; (ii) communicating order related information; (iii) extending access to ‘add’ or ‘remove’ Products; (iv) extending access to You to update Product prices; (v) receive inward remittance for orders undertaken by You; (vi) issue order summary invoices bearing Your company name, address and GSTN for orders fulfilled by You.
       

    • Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person.

  • Use Of Your Account Information:

This clause explains that We will use Your Account Information only in accordance with Our Privacy Policy. 

 

These Terms and Conditions incorporate Our Privacy Policy which describes (amongst other things) how We will use any personal information collected from the Bnext Platform. For more information, please see Our full Privacy Policy for Buyers available at our website www.bnext.in

By visiting Our Bnext Platform, You are accepting and consenting to the practices described in Bnext’s Privacy Policy.

  • Conduct and Rules:
     

For Buyers: You agree and confirm that You will use the Services provided by the Bnext Platform, to browse through the Products, select Products, to place orders and comply with all applicable laws and regulations while using and transacting through the Bnext Platform.

 

For Sellers: You agree and confirm that You will use the Services provided by Bnext Platform, to quote price, to fulfil orders, to add the Products and comply with all applicable laws and regulations while using and transacting through the Bnext Platform.

That You are accessing the Services available on this Bnext Platform and transacting at Your sole risk                     and are using Your best and prudent judgment before entering into any transaction through this platform.

 

By way of example, and not as a limitation, You agree and undertake that when using a Service, You will not:
 

  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;

  • publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

  • For Buyers: delay or default in making payments or receiving delivery of ordered Products; For Sellers: offer any stolen or fake or damaged or out-of-stock Products to the Buyers;

  • upload files that contain software or other material protected by intellectual property laws unless You own or control the rights thereto or have received all necessary consents; You own or control the rights thereto or have received all necessary consents;

  • upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Bnext Platform;

  • conduct or forward surveys, contests, pyramid schemes or chain letters;

  • violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

  • violate any applicable laws or regulations for the time being in force in or outside India; and

  • violate, abuse, unethically manipulate or exploit, any of the Terms for the use of Bnext Platform.

  • For Buyers: access the Bnext Platform for posting improper/unnecessary/ bulk queries with no intent to buy any Product.

You are fully responsible for Your interactions with the Sellers, and We have no liability for Your interactions with any Seller(s), or for any Seller's actions or inactions with respect to You.

 

  • Guarantee and responsibility for the Products:
     

For Buyers: You agree, understand and acknowledge that Bnext Platform is only a facilitator and is not and cannot be a party to or control in any manner any exhibition of prices or availability of Products with the Sellers on the Bnext Platform. Bnext is not the seller of the Products. Accordingly, any contract for the sale / purchase of Products on the Bnext Platform is a bipartite contract between You and the Sellers. Bnext neither recommends You to buy or sell any products on the Bnext Platform nor does Bnext endorses any such Products and nor does Bnext provide any guarantee, warranties or assurance with respect to the transactions of sale or purchase of Products on the Bnext Platform. You alone are responsible for the Products which You buy. Further, Bnext does not guarantee, warranty or provide any assurance on the behaviour of any User of the Bnext Platform including any guarantee, warranty or assurance that any user (whether buyer or seller) will complete any transaction or act in a prudent manner. Bnext hereby disclaims any guarantees of any kind/type whatsoever for the Product purchased by You.
 

For Sellers:

  • You shall be solely liable for any claims, damages, allegation, law suits arising out of the Products offered for sale via Bnext Platform (including but not limited to quality, quantity, price, merchantability, finish, appearance, size, colour, functionality, reliability, use for a particular purpose, or any other related claim) and shall hold Bnext harmless and indemnified against all such claims and damages. Bnext reserves the right to restrict Your access to Bnext Platform or delist the unfit Products from being displayed if they are not as per Bnext’s guidelines. Bnext having such right shall not deem to mean that Bnext shall always be verifying the Product list of all the Sellers.

  • You represent that You own or have the necessary permissions to sell Products as quoted/offered by You on the Bnext Platform. You may not imply that Product is in any way sponsored or endorsed by Bnext. You may expose yourself to liability if, for example, Your Product quality is bad or does not match with the information displayed on Bnext Platform; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. You shall be responsible for any return & exchange policy offered to the Buyers.

  • You hereby agree, confirm and acknowledge that the Product is owned by You or Your shop/establishment/outlet and either You or Your authorised representative shall use the Bnext Platform to quote prices and offer Products to the Buyers. Bnext is merely a platform for Buyers to find out availability and competitive prices for Products and Bnext is not responsible/ liable for the Product, its design, its function and condition manufacturing and selling and financial obligations, warranties, guarantees whatsoever.
     

  • Platform for Transaction and Communication: 
     

    • Bnext Platform is a platform that enables You to connect with the Buyers/Sellers for Your transactions. Bnext is not and cannot be a party to or control in any manner any transaction between the Sellers and Buyers.
       

    • Price quotations for Products are offered by Sellers and agreed to between Buyers and Sellers alone: Bnext does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such price quotations between Buyers and the Sellers.
       

    • Bnext is not responsible for any non-performance or breach of any contract entered into between Sellers and Buyers. Bnext cannot and does not guarantee that the concerned Sellers/Buyers will perform any transaction concluded through the Bnext Platform. Bnext shall not and is not required to mediate or resolve any dispute or disagreement between Sellers and Buyers.

Bnext does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Sellers/Buyers. You are advised to independently verify the bona fides of any particular Seller/Buyer that You choose to deal with and use Your best judgment in that behalf.

 

  • For Sellers- Sale, Refund and Returns:
     

    • Listing of Products: You shall list Products that are fit to be sold and used. We reserve the right to suggest changes in Your listings of the Products on Bnext Platform.
       
    • Sale: You will (i) source, sell, fulfil, ship and deliver Your Products in accordance with all terms provided by You and displayed on Bnext Platform at the time of order and be solely responsible for and bear all risk for such activities; (ii) package each of Your Product in a commercially reasonable manner and ship each Product on or before its estimated ship date; (iii) not cancel any of Your transactions except as may be permitted by Bnext; (iv) provide to Bnext information regarding shipment and order status and tracking (to the extent available), in each case as requested by Us using the processes designated by Us, and We may make any of this information publicly available.
       

    • Returns and refunds: For all of Your Product transactions that are not completed, You will accept and process returns, refunds and adjustments in accordance with Bnext’s policies effective at the time of applicable order.
       

    • Delivery errors: You are responsible for any non-delivery, mis-delivery, theft or other mistake or act in connection with fulfilment and delivery of Your Products, except to the extent of Our failure to make available to You the order information as it was received. You shall arrange for replacement (at own cost) or refund within reasonable time period to make good such delivery error as per Company’s policy. In the event You fail to deliver as expected and/or fail to replace the mis-delivered Products, and subsequently the Company is required to fulfil the delivery from another seller, You may be charged for any additional cost, including price difference, additional freight charges, etc. incurred by the Company to fulfil the order to make good Your delivery order (“Penalty for Delivery Errors”). You shall be liable to pay to the Company such Penalty for Delivery Errors within 30 working days’ from the relevant date or it may be adjusted by the Company from subsequent transactions by You on the Bnext Platform
      .

    • Sale Proceeds: (i) Sale proceeds of the sale transactions of Your Products that are directly received by Bnext vide electronic payments from the Buyers shall be paid to You after deducting Bnext’s Fees. You authorize and permit us to collect payments on Your behalf in applicable or relevant payment mechanisms. (ii) Any sale proceeds for ‘cash on delivery’ transactions shall be made by Buyers to You or your authorized representative by any mutually agreeable means. You shall pay Bnext’s Fees and retain the remaining amount from the sale proceeds. All such payment adjustments in (i) and/or (ii) above may be done from transaction to transaction basis or on weekly/monthly basis depending on Bnext’s effective policies.

 

  • For Buyers - Product listings and orders:
     
    • Product descriptions: We attempt to provide accurate brief description about the Products available on Bnext Platform. However, We do not warrant that Product descriptions or other content about the Product displayed by Bnext and sold/delivered by Seller to You is accurate, complete, reliable or error free. If any Product received by You is not as described on the Bnext Platform, Your sole remedy is to return such Product in unused condition as per Bnext’s policies.
       
    • Pricing: Sellers provide the price for the Products available with them for selling on Bnext Platform. The prices available on Bnext Platform for all the Products are the wholesale prices provided by the Sellers. All prices are listed in India Rupees. ‘Price’ as displayed, is exclusive of all applicable taxes.
       
    • Payments: You shall have various options to pay the price of Products ordered from Bnext, including cash-on-delivery, subject to Bnext policies. Cash-on-delivery option may not be available for invoice value exceeding INR 20000 or may be subject to partial payment online, subject to Bnext policies.

 

  • For Buyers- Delivery, Refund and Returns

 

  • Delivery: You (i) will receive the delivery of Your ordered Products in accordance with the requirements displayed on Bnext Platform at the time of order; (ii) will get the delivery on or before its estimated ship date; (iii) will not cancel any of Your orders or transactions except as may be permitted by Bnext; (iv) can track your order status on Bnext Platform.
     
  • Returns and refunds:
     

    • Return: If the delivered Product is damaged, defective or wrongly delivered, You may return such Products to the Seller which are unused, within 7 (seven) calendar days from date of delivery. Products must be returned in their original condition, with price tags, warranty cards, original accessories. You reserve the right to inspect the delivered Product at the time of delivery and if You fail to notify Us and the Seller about any defect within 24 hours from the delivery, it shall be treated as deemed acceptance and return policy may not be applicable, subject to Bnext’s policies from time to time;
       

    • Replace: Replacement of Products can be requested to the Seller if (i) damaged Product is received; (ii) Product has missing parts or accessories; (iii) Product is different from what was ordered; (iv) Defective Product delivered. Such replacement shall be available only after the said Product has been returned and if the Seller has another Product of same description available. This policy shall not be applicable if any Product was returned and replaced once earlier.
       

    • Refund: For all of Your ordered Product transactions that are not completed for reasonable cause, not delivered, mis-delivered or replaced, then You may receive refund or other adjustments from the Seller/s in accordance with Bnext’s policies effective at the time of applicable order;
       

    • Risk of loss: All purchases of Products from the Sellers of the Bnext Platform are shipped by the Sellers themselves or through their agents. Any risk of loss and title for Products shall pass to You upon delivery to the desired address mentioned in your order details.

 

  • Pricing:

Bnext Platform is a platform that enables Sellers to offer the pre-listed Products at the price indicated by Sellers on the Bnext Platform through their own shop/establishment/outlet. Bnext accepts no liability for any loss or damage whatsoever in relation to any information, including that of Sellers/Buyers, provided through this Bnext Platform.
 

  • Subscription Terms:

 

  • Fees

 

  • Our fees shall be as per the subscription policy for Buyers and sellers as may be made available by the Company from time to time (“Fees”) which may include (i) commission or referral fee; and/or (ii) non-refundable periodic subscription fee for availing the Services, as and when applicable.

  • We are constantly evolving in order to provide the best possible business solutions to You. Therefore, Bnext reserves the right to modify, alter, suspend/cancel or discontinue any or all fee plans of Bnext Platform at any time without notice and make modifications and alterations in any or all of its contents and services contained on the Bnext Platform without any prior notice.

 

  • Payment Terms

 

For payment of the Fees, You shall make online payment via modes made available by Bnext for payment of the Fee.

 

All payments on the Bnext Platform by You shall be compulsorily in Indian Rupees acceptable in the Republic of India. Bnext Platform will not facilitate transactions with respect to any other form of currency with respect to the purchases made on Bnext Platform.

 

The Fees, if any, shall be exclusive of all applicable taxes. All charges relating to the processing of Your payment, will be borne by You. Bnext may require additional information and/or documents from You in accordance to the applicable local laws or as per the internal requirements of Bnext/Our payment gateway.

 

Our integrated payment gateway systems may give you option to store your payment method (eg. Credit card, debit card or internet banking) for future usage. It is totally your discretion to use such services of Payment Gateway and you do it at your own risk.

 

Any questions regarding plans & billing can be directed to support@bnext.in.

 

  • DISCLAIMER

TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, BNEXT (A) DISCLIAMS ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING WARRANTIES OF MERCHANTABILITY, BEST DEALS/PRICES, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATION/DATA, NON-INFRINGEMENT, ETC. (B) DOES NOT GURANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. BNEXT DOES NOT WARRANTY R GUARANTEE ANY SALES OR INCREASE IN SALES. BNEXT IS MERELY A FACILITATOR. THE FEES THAT MAY BE PAYABLE HEREUNDER ARE FOR THE PROVISION OF SERVICES AS DETAILED IN THE SUBSCRIPTION POLICY.

 

  • Intellectual Property Rights:
     

It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which You may upload, transmit or store when making use of Our various Services.
 

Bnext Platform and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Bnext Platform is owned and controlled by Bnext or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Bnext Platform, by no means are any rights impliedly or expressly granted to You in respect of such Content. Bnext reserves the right to change or modify the Content from time to time at its sole discretion.
 

Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Bnext of such Content and no others rights are conveyed to You by virtue of accessing or using the Bnext Platform.
 

  • Disclaimer /Limitation of Liability:
     

BNEXT PLATFORM, SERVICES, CONTENT, USER CONTENT AND ANY THIRD PARTY CONTENT ARE PROVIDED BY BNEXT ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, BNEXT MAKES NO WARRANTY THAT (I) THE BNEXT PLATFORM OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE BNEXT PLATFORM OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BNEXT PLATFORM OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE BNEXT PLATFORM OR SERVICES WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE BNEXT PLATFORM OR SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BNEXT OR THROUGH THE BNEXT PLATFORM / CONTENT OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BNEXT WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE BNEXT PLATFORM OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. BNEXT HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE BNEXT PLATFORM IS CORRECT, BUT BNEXT NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. THE BNEXT PLATFORM SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE BNEXT PLATFORM OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE BNEXT PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THE BNEXT PLATFORM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, BNEXT SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE BNEXT PLATFORM DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE BNEXT PLATFORM THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND THE BNEXT’S CONTROL. 
 

BNEXT SHALL 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 BUYER AND ANY SELLER, EVEN IF BNEXT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BNEXT SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE BY ANY SELLER/BUYER.
 

BY INSTALLING BNEXT PLATFORM, YOU MAY DISCLOSE INFORMATIONS LIKE LOCATION, EMAIL-ID ETC., (APP PERMISSIONS) TO BNEXT. YOU SHALL HAVE SOLE RESPONSIBILITY AND LIABILITY FOR SUBMITTED INFORMATION AND MATERIALS. WE WILL USE SUCH SUBMITTED INFORMATION AND MATERIALS EXCLUSIVELY FOR YOUR BETTER EXPERIENCE OF USING OUR BNEXT PLATFORM. BNEXT DOES NOT WARRANT THAT THIS BNEXT PLATFORM; INFORMATION, CONTENT, MATERIALS, PRODUCT (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BNEXT PLATFORM; THEIR SERVERS; OR ELECTRONIC COMMUNICATION SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
 

  • Indemnification: 

You agree to indemnify, defend and hold harmless Bnext from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Bnext that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use or Privacy Policy.
 

  • Feedback Mechanism:

We may have a feedback mechanism tool for Bnext Platform. You agree that while using Bnext Platform, You are subject to evaluation by Us. The evaluation shall be based on a system of rating and review, which shall be on the basis of Your usage of the Bnext Platform, such as but not restricted to, the quality of Products, Your usage/ purchases/ actual sales through the Bnext Platform or on the basis of interaction between Buyers and Sellers.
 

  • Termination:

Bnext may suspend or terminate Your use of the Bnext Platform any Service if it believes, in its sole and absolute discretion that You have breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically or You (in the capacity of Seller) are selling/offering to sell Products which are unfit for use. Bnext reserves the right to terminate Your account and / or refuse to provide You with access to the Bnext Platform if it is brought to Bnext's notice or if it is discovered that You are under the age of 18 years. Bnext reserves the right to terminate if they have reasonable grounds to suspect that information provided by You is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, Bnext shall have the right to indefinitely suspend or terminate or block access of Your Account on the Bnext Platform and refuse to provide You with access to the Bnext Platform. Bnext reserves the right to terminate Your use of the Bnext Platform on any other grounds as may be mentioned in the licensing provisions available herein and which shall be deemed executed by You at the time of creation of Account.

Should the Licensee wish to terminate their Account, they can do so by sending a written correspondence (includes electronic communication made at support@bnext.in) to Bnext to communicate the intent to discontinue and terminate the Account.
 

  • Severability: 

If any provision of the Terms of Use is found by a court or other binding authority to be invalid, You agree that every attempt shall be made to give effect to the parties intentions as reflected in that provision, and the remaining provisions contained in the Terms of Use shall continue in full force and effect.
 

  • Governing Law:

The laws of the India, shall govern these Terms of Use, regardless of Your location. You hereby expressly consent to exclusive jurisdiction and venue located in Pune, India, for all matters or disputes arising out of or relating to these Terms of Use or Your access or use of the Bnext Platform.
 

ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR YOUR USE OF THE WEBSITE/APP MUST BE BROUGHT BY YOU WITHIN 1 (ONE)MONTH OF THE DATE SUCH CAUSE OF ACTION FIRST AROSE, OR SUCH CAUSE OF ACTION IS FOREVER WAIVED BY YOU. EACH CAUSE OF ACTION SHALL BE ADJUDICATED INDIVIDUALLY, AND YOU AGREE NOT TO COMBINE YOUR CLAIM WITH THE CLAIM OF ANY THIRD PARTY.

 

 

  • License:

    • ​​The Licensee may access the Bnext Platform and use the Services only for Permitted Purposes and in accordance with the provisions of this Clause 18 and the documentation in electronic/online form concerning the Bnext Platform or Services, including any user manuals, FAQ or support pages etc. (“Documentation”)
      .

    • Subject to the Licensee’s compliance with Clause 18.3 and the other provisions herein, the Licensor grants to the Licensee a non-exclusive, non-transferable, revocable, limited license to access the Bnext Platform and/or avail the Services during the term of its Account.
       

    • The Licensee must:
       

    • not use the Bnext Platform other than in accordance with the Documentation and other website policies;
       

    • not circumvent or remove or attempt to circumvent or remove the technological measures applied to the Bnext Platform and Documentation for the purposes of preventing unauthorized use; or
       

    • comply with the provisions contained herein for restrictions and prohibitions of using Bnext Platform.

 

Provided that nothing in this Clause 18.3 will prohibit or restrict the Licensee or any other Person from doing any act expressly permitted by applicable law.

 

  • All Intellectual Property Rights and title in the software of Bnext Platform (“Software”) and Documentation are and will remain, as between the Licensor and Licensee, the property of the Licensor and no interest or ownership in the Software, Documentation and the Intellectual Property Rights or otherwise is conveyed to the Licensee.

 

  • Restrictions and Prohibitions of using the Bnext Platform or Software:

    The Licensee’s rights to use and access the Software, Services and respective content are restricted under following conditions, except for Permitted Purpose:
     

    • The Licensee is restricted from displaying, republishing, transmitting, distributing, renting, selling, leasing, lending, conveying, sub-licensing, transferring, assigning the Services, access of any Account, without express written consent of Licensor or making any other use of the Bnext Platform/ Services or any portion of the Website than the Permitted Purpose.
       

    • The Licensee shall not exploit the license to access Bnext Platform or avail the Services commercially or use it for any purpose other than the Permitted Purpose.
       

    • The Licensee cannot create derivatives or compilations of the Software/ Documentation and shall not make a copy of Services or any part thereof, including the data contained therein.
       

    • The Licensee is not allowed to use the Software and Documentation by obscuring, modifying or infringing any copyright, proprietary right, marks/ labels or property right of the Company.
       

    • Removal of, change or obscuring any copyright notice or terms of using the Software is prohibited.
       

    • Licensee shall not misrepresent the source of ownership of the Services and/or Software.
       

    • Removal, decompiling, disassembling or reversing the Software or using any network monitoring for determining the architecture of the Software or otherwise modifying the Services in whole or in part is strictly prohibited.
       

    • Emails which utilize invalid domain names, deceptive addressing or headers are prohibited
      .

    • Use of the Software in the manner that it causes violation of any applicable law or rule is prohibited.

 

  • Exclusions of liability:
     

    • The Licensor shall not be liable to the Licensee for any losses arising out of a force majeure event.
       

    • ​​The Licensor shall not be liable to the Licensee in respect of any loss or corruption of any data or database uploaded by it on the Bnext Platform while availing the Services.
       

    • The Licensor shall not be liable to the Licensee in respect of any business losses, such as loss of or damage to property, profits, income, revenue, use, production, anticipated savings, business, contracts, computer failure/ malfunction, commercial opportunities or goodwill or for costs or expenses arising for such damage or loss.
       

    • The Services require an internet connection and Licensor shall not be responsible/ liable for any deficiency in Services arising out of deficiency or on account of the internet connection of the Licensee.
       

    • The Licensor shall not be liable to the Licensee in respect of any special, indirect or consequential loss or damage resulting from the access, use or malfunction of Services.
       

    • If, notwithstanding foregoing exclusions, the Licensor’s aggregate liability to the Licensee, whether arising in contract, tort, strict liability or otherwise, shall not exceed last 3 (Three) months Fee. It is hereby clarified that the total liability of the Licensor for any collective liability from multiple Licensees shall not exceed INR 2997 (Rupees two thousand nine hundred ninety seven Only).
       

    • Indemnification: The Licensee shall fully indemnify and hold the Licensor and its affiliates harmless for all costs, damages, losses and expenses (including all reasonably incurred legal expenses) whether arising in contract, tort, under statute or otherwise incurred by Licensor and its affiliates which arise in connection with any misuse or overuse by the Licensee or any other third party through the Licensee’s user-name of Account or any part of the Services, or otherwise in connection with any breach of provisions herein.

 

  • Effects of termination:

    • Upon termination all the provisions herein will cease to have effect, save that the following provisions will survive and continue to have effect (in accordance with their terms or otherwise indefinitely): Clauses 1, 15, 16, 17, 20, 21, 22, 23 and 24. The Licensor shall cease providing the Software and Documentation to the Licensee and all licenses granted hereunder shall terminate.
       

    • Upon termination, all rights and obligations of the Licensor and Licensee herein will be extinguished, except that the rights and obligations with respect to transactions.
       

    • Prior to termination, Licensee can export their core data via the Software.

 

  • Confidential Information:
     

    • Each party may use the confidential information of the other party only for the purposes of these Terms of Use and must keep confidential all confidential information of the other party, except to the extent (if any) the recipient of any confidential information is required by law to disclose the confidential information.
       

    • Either party may disclose the confidential information of the other party to those of its employees and agents who have a need to know the confidential information for the purposes of these Terms of Use provided they are bound to maintain confidentiality.

 

  • Data Protection:

 

    • Each party undertakes to comply with its obligations under relevant applicable data protection laws, principles and agreements.

 

    • The Licensee shall ensure that the personal data or otherwise, which it supplies or discloses to the Licensor through the use of Software (subject to the Privacy Policy), has been obtained fairly and lawfully and does not infringe any third party’s intellectual property rights and that it will obtain all necessary approvals from persons whose data is being processed.

 

    • The Licensor confirms that it will use and/or process data of Licensee only in accordance with the updated Privacy Policy (“Privacy Policy”) of the Licensor available at the website www.bnext.in; and has taken sufficient measures to protect Licensee’s personal data and against accidental loss or destruction of, or damage to personal data.

 

  • General:

    • Relationship of parties: The Licensor and Licensee are independent contractors, and nothing contained herein will be construed to create a partnership, joint venture, association of persons, agency, franchise, sales representative, or employment relationship between the parties. Bnext is not an auctioneer and has a limited liability as specified herein.
       

    • You will have no authority to make or accept any offers or representations on Our behalf. You will not make any statement, whether on Your site or otherwise, that would contradict anything in this section. Terms of Use will not create an exclusive relationship between You and Us.
       

    • Consent to receive communications in electronic form: For contractual purposes, You consent to receive communications from Us in an electronic form via the sms, whatsapp, email or likewise on the address You have submitted and agree that these Terms of Use and all other agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
       

    • No breach of any provision contained herein will be waived except with the express written consent of the party not in breach.
       

    • Licensee shall ensure that it complies with any applicable export or import rules, regulations and restrictions applicable to its purchase or use of Software and Services.
       

    • Updates and Support: We do not undertake to provide updates and support to You. You may be eligible for updates and support for the subscription term adopted by You. Support consists of online FAQs, online documentation and support through online helpdesk/ ticket system or via email. Support, if any, will be available in English. At Our discretion, We may make available support in other languages or through other communication channels.

Bnext Terms of Use

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CONTACT US

403-A, Trade Square Building, Mehra Compound, Off Andheri Kurla Road, Sakinaka, Mumbai, Maharashtra 400072

Bnext: The One-Stop Wholesale Distribution System

The Indian B2B market and wholesale trade networks are undergoing a digital revolution. Why do you want to wait for physical catalogs or samples when you can view the entire collection with a single click on Bnext? Bnext houses everything across varied categories from readymade garments to designer apparels for women’s ethnic wear like sarees, kurtis, salwar and chudidar sets. You can even look up stylish dresses, tops, footwear, handbags, and lifestyle accessories from our massive collection. Besides clothing we also house categories such as furniture, electronics, jewelry, cosmetics and many more. Bnext is a B2B wholesale selling software that greatly enables seamless B2B trade within your network. You name it and we have it, we’ve got your business covered.

What’s more? With our Wholesale Distribution System, we are sure you’ll make the most of this opportunity by connecting, sharing and transacting instantly with all your contacts. If you’re wondering why use Bnext when there are several options available, the answer is simple - Bnext is a closed loop networking platform. Unlike B2B marketplaces, this wholesale distribution software for small business lets you share products and catalogs only with your trusted partners, thus enabling perfectly risk-free trade. Also, you can opt to share exclusive products in private mode with your preferred customers.

 

Your digital store serves as a product repository which can be re-shared by distributors and wholesalers for re-selling. Thus, Bnext as a comprehensive bulk buying enterprise SAAS software facilitates smooth trade by serving the needs of the entire supply chain.

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