TERMS AND CONDITIONS
This is a legally binding Agreement between BDH INTERNATIONAL and the Users. The Users are urged to read the Terms and Conditions carefully before the use of the Portal. The agreement to the said terms unequivocally binds the Users to all existing Terms and Conditions and all existing Agreements of the Concern. The Concern intends to become the largest and best-known seller/supplier of its Products across the Globe through Portal by ensuring its best and uncompromising quality Products and Services.
a. Agreement: is a reference to these Terms and Conditions between the Concern and the User.
b. Concern: BDH INTERNATIONAL through its Sole Proprietor Mr. Bhavyakumar Dipakkumar Shah. It is the lawful owner of Website/Portal and all the proprietary right vests in it.
c. Databases: Proprietary databases of URL addresses and other content.
d. Products: Bearings as parts of machines and equipment, especially, linear ball bearings, thrust bearings, plain bearings, ball bearings, single and double-direction ball thrust bearings, single and double-row radial ball bearings, self-aligning and double-row self-aligning ball bearings, tapered roller bearings, spherical-roller bearings, clamping bearings, special antifriction bearings, angular-contact bearings, self-oiling bearings, oil-ring bearings, integral bearings, clutch release bearings, bearing cage, cylinder, ball bearing units, journal boxes (parts of machines), journals (parts of machines), bearings for transmission shafts, transmission shafts (other than for land vehicles), ball-rings for bearings.
e. Portal: An online e-commerce Portal through which the Concern offers the Products and Services through the website/application/e-mails to the Users/customers.
f. Services: Providing access/use of the said Portal and/or sale/supply of its Products through the said Portal to its User.
g. User(s)/You: This term is referred to people visiting the Portal.
h. Website: This term is a reference to our website: www.bdhbearings.com or any other sub-sites on which offers Products and Services.
a. All Users who wish to avail the Services provided by the Portal should be of 18 years of age and competent to enter into a legally binding contract and not disqualified by any existing law in force.
b. Individuals below the age of 18 years, who wish to utilize the Services provided by the Portal, can do so, under the guidance and supervision of Parents or legal guardian under the registered account on the Portal.
www.bdhbearings.com, (an online Portal to sell to the the Users the highest quality Products through its Portal at competitive prices. It aims to provide solutions to its User’s requirements. It is an innovative and progressing Concern and aims to provide the Products with utter dedication and commitment. By using the said Portal, the Users accept and agree to be bound by the following Terms and Conditions. Nothing contained in these Terms and Conditions should be construed to confer any rights to a third party beneficiary.
3. PRE REQUISTE OF SERVICES:
a. In order to use the Portal, the User must have a compatible device, which meets the minimum specifications for easy and uninterrupted use of the said Portal.
b. The Concern requires personal data when placing an order, such as name, address, credit-card information, and valid E-mail id. This information is marked as Confidential and shall not be used for any other purpose other than explicitly provided herein.
4. TERMS OF THE SERVICES:
a. The Products may have limited quantities and are subject to Return, Refund and Shipping Policy.
b. We have made every effort to display as accurately as possible the images of our Products that appear in actuality. However, we cannot guarantee that the product appearance in connection the device display as used by you and its colour accuracy.
c. We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product made on our website is void where prohibited.
d. We do not warrant that the quality of any Products, information, or other material purchased or obtained by you will meet your expectations, but we will make our best effort to adhere to industry practice.
5. REGISTRATION OF YOUR ACCOUNT:
a. To become a registered User(s) there is a proper procedure which is for the convenience of User(s) so that they can easily log-in and become a registered User(s) by filling an on-line registration form on the Website by giving desired information (name, contact information, details of its business, etc.). Concern will establish an account for the User(s) upon registration and assign a User ID and Password for login access to your Account. If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for maintaining the confidentiality of your personal and non-personal information and for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your User ID and Password , email id and cell number as the case may be.
b. If you register on behalf of a business entity, you represent that business entity and (i) you have the authority to bind the entity to terms and condition of use and/or this Agreement; (ii) the address you use when registering is the principal place of business of such business entity; and (iii) all other information submitted to Concern during the registration process is true, accurate, current and complete.
c. By becoming a registered User, you consent to the inclusion of your personal and non-personal data in our on-line Database and authorize Concern to share such information with other User(s). Concern may refuse registration and deny the membership and associated User ID and Password to any User for whatever reason. Website may suspend or terminate a registered membership at any time without any prior notification in interest of Concern or general interest of its visitors/other members without giving any reason thereof.
d. You agree, inter alia, to:
• Provide true, accurate, current and complete information about yourself as prompted by Concern’s registration form or provided by You.
• Maintain and promptly update the personal and non-personal data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or Concern has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Agreement, the Concern has the right to indefinitely suspend or terminate or block access of your membership with the Portal and refuse to provide you with access to the Portal.
6. RIGHT OF THE CONCERN OVER USER INFORMATION:
a. By accepting these terms and conditions, the User agrees to authorize that the Concern has the right to own all copyright and other Intellectual Property Rights over all the information provided by it.
b. Anything you post, upload, share, store, or otherwise on the Portal and/or communicate with through the Services, is your “User Information.” Some User Information may be viewable by other Users. In order to display your User Information on the Portal, and to allow other Users to enjoy them (where applicable), you grant us certain rights in those User Information.
c. For all User Information, you hereby grant us a license to translate, modify (for technical purposes, for example making sure your content is viewable on a mobile as well as a computer), reproduce, and otherwise act with respect to such User Information, in each case to enable us to operate the Portal.
7. OBLIGATIONS OF THE USERS:
The following are the obligations of the Users, which need to be fulfilled while using the Products and Services of the Portal.
a. The User must provide complete and correct information regarding his/her/its name, residential address, age, email address and other details as required by the Portal.
b. The User must agree to review the terms and conditions from time to time, which are subject to change at the complete discretion of the Concern.
c. The User must agree that all information provided will be subject to verification process by the Concern.
d. The User must ensure compliance with the instructions given by the Concern at all times while accessing the Portal.
e. The User is responsible for all applicable taxes and costs which he/she/it might incur while assessing the Products and Services of the Portal.
f. The User will be solely responsible for all the information stored and transmitted by them and is responsible for any wrong information entered by him/her/it and will be liable for any action taken by a third party with regard to the same.
g. The User must not disclose their Username and password to any person and must keep all transactions confidential.
h. The User must inform the Concern immediately in case of any breach or unauthorized use of personal information.
i. The User acknowledges that all information provided by him/her/it will be saved and used and commercially exploited by the Portal as deemed fit by the Concern.
j. The User must have the knowledge that by submitting any information to the Portal, he/she/it is granting the Concern an irrevocable, non- cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable right to exercise all copyright and publicity rights to use, reproduce, publish, distribute or perform and display such content on the Portal.
8. PROHIBITED ACTIONS OF THE USER:
The following actions of the User are strictly prohibited such as;
a. The User must not allow any other individual to access his/her/its account and utilize the Products offered by the Portal.
b. The User must not use the information provided by the Portal for any unlawful or fraudulent purposes.
c. The User must not infringe any Intellectual Property Rights of the Concern or any person or entity listed on the Portal by copying, modifying or distributing such content.
d. The User must not indulge in any activity or transaction, which would pose a threat to the safety and security of the Portal.
e. The User must refrain from any activity, which would involve transmission of a virus, worm or other harmful component into the system of the Portal while accessing the services provided by the Portal.
f. The User must not undertake to resell or assign his/her/its rights or obligations under these Terms and Conditions.
g. The User must not upload or transmit any information, the content of which is offensive to religious, moral, racial or political sentiment. The Concern has right, in its sole and absolute discretion, to refuse, delete or remove any such information.
h. The User must not upload or transmit any information, the content of which is an expression of bigotry, racism, defamation or hatred based on age, gender, caste, religion, race, ethnicity, disability or nationality or is in the nature of being derogatory, slanderous, grossly harmful, objectionable, disparaging to any third party.
i. The User must not upload or transmit information, which is obscene, contains pornography or contain “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.
j. The User must not upload or transmit any information, which is in contravention with the provisions of the Information Technology Act, 2000 in addition to rules, regulations or guidelines made in respect to it.
k. The User must not upload or transmit any information, which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
l. The User must not indulge in any activity, which would lead to a violation of any terms and conditions as mentioned in this policy. The Concern has the right to terminate and or suspend the Services to any such individual or entity.
9. INTELLECTUAL PROPERTY:
a. The Concern owns all the intellectual property rights relating to the Portal/Website, or documents used for the purpose of the Portal. The User of the Portal has no right or claim to use, copy reproduce, distribute, transmit, broadcast, display any trademarks, trade names, service marks, logos, domain names or any distinctive brand features of the Concern.
b. All such logos, trademarks, trade names, service marks, brand names on the Products and Services including material, designs, and graphics belong exclusively to the Concern and no User can indulge in any activity, which will amount to infringement of the Intellectual Property Rights.
c. The User is expressly prohibited from removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by the Concern or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of the Concern or could be considered an infringement of any of the rights in the Intellectual Property Rights owned by and/or licensed to the Concern.
10. LIMITATION OF LIABILITY:
a. To the extent permitted by applicable law, the User acknowledges that the Concern has no liability for any loss of profit, loss of business, loss of revenue, loss of data, business interruption, or loss of business opportunity arising from the User’s use of the Services of the Concern. In addition, the User acknowledges that the Concern shall not be liable to the User for any indirect or consequential loss or any exemplary, special or punitive damages.
b. To the extent permitted by applicable law, the Concern’s maximum aggregate liability under or in connection with these Terms, whether in contract, tort (including negligence) or otherwise, shall be limited to the total charges paid by the User in connection for availing the Products and Services of the Concern.
c. The Portal of the Concern may display advertisements. The User’s correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Portal, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and third party advertiser. The User agrees that the Concern shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Concern Portal.
d. Any material downloaded or otherwise obtained using the Portal is done at the User’s own discretion and risk and that the User will be solely responsible for any damage to the User’s computer system or loss of data that results from the download of any such material.
e. Under no circumstances will the Concern be liable to the User for any indirect, incidental, consequential, special or exemplary damage arising out of or in connection with use of the Concern’s service, whether or not The Concern has been advised of the possibility of such damages. Such limitation of liability shall apply (i) whether the damages arise from use or misuse of and reliance on the Concern service, from inability to use the Portal, or from the interruption, suspension, or termination of the Portal’s service (including such damages incurred by third parties), and (ii) notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Under no circumstances shall the Concern be liable to the User for any amount.
The User agrees to indemnify and hold the Concern, and its associates, agents and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of content of what the User submits, posts or transmits through the Service, through the User’s use of the Services, the User’s connection to the Service, the User’s violation of these Terms or Condition or the User’s violation of any rights of another.
All aspects related to financial, commercial, operational and technical information of the Concern which is received by the User, have to be kept confidential and secret. The User is not allowed to disclose to any third party the confidential information of the Concern, in whole or in part, except in cases where it is required and upon prior written permission from the Concern. The User is not allowed to use, reproduce, transform or store such confidential information without prior written permission of the Concern. All confidential information voluntarily provided by the User to the Concern is done at their own risk. If such information is misused and collected by a third party, the Concern is not liable for such an action.
13. MODIFICATIONS TO SERVICE:
The Concern reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The User agrees that the Concern shall not be liable to the User or to any third party for any modification, suspension or discontinuance of the Service.
14. AMMENDMENT :
The Concern reserves its right to modify or terminate the Services for any reason, without prior notice, without liability to the User or any other members or third party. The Concern also reserves the right to modify the terms from time to time without notice. The User agrees to regularly review the Terms and Conditions to keep himself/herself apprised of any such changes.
15. FORCE MAJEURE:
a. The Concern shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by events outside its reasonable control (“Force Majeure Event”).
b. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond the Concern’s reasonable control and includes in particular (without limitation) the following:
• Strikes, lock-outs or other industrial action;
• Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
• Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
• Impossibility of the use of public or private telecommunications networks; and
• The acts, decrees, legislation, regulations or restrictions of any government.
• Pandemic, Epidemic or other Quarantine Restrictions.
c. The Concern’s performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and the Concern shall have an extension of time for performance for the duration of that period. The Concern will use its reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which its obligations under these Terms shall be performed despite the Force Majeure Event.
16. ENTIRE AGREEMENT:
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter thereof, supersedes, and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject.
17. GOVERNING LAW AND JURISDICTION:
a. These Terms and Conditions will be governed by and construed in accordance with the laws of India and any dispute arising out of the use of the Website/Portal shall be subject to the exclusive jurisdiction of courts at Ahmedabad, India.
b. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms and Conditions to be unenforceable, the remainder of the Terms and Conditions will continue in full force and effect.
c. The User shall not assign these Terms and Conditions or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent, any such purported assignment or delegation will be null and void and of no force or effect.
Any Complaint/ Notices to the Concern may be made via email or regular mail to the below mentioned address: