Terms Of Service

Terms & Conditions

  • The website (www.blushtree.in) is operated by Blush Tree. Throughout the site the terms “We”, “Us”, and “Our” refer to Blush Tree.

  • Blush Tree. offers this website, including all information, tools & services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies & notices stated here.

  • By accessing the website, you are agreeing to be unconditionally bound by these terms of service as detailed hereunder or elsewhere on the website (“Terms”), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.

  • All content on this website including the logo, graphics, text, design, belong to and are the intellectual properties of the Company and/or its licensors and are protected by appropriate legislations. No part of the content shall be copied, downloaded, transmitted, or published without prior written permission from the Company.

  • This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the website. This electronic record is generated by a computer system and does not require any physical or digital signatures. By registering at or merely browsing on the website platform on each subsequent occasion you will be deemed to have accepted all of the terms and conditions that apply to its use and to the facilities and services provided by it. We reserve the right to alter these terms and conditions of use at any time and it is your obligation to check if changes have been made. Your use of the website after changes are posted online shall constitute acceptance of the new terms and conditions.

  • If You do not accept the Terms and Conditions, then please don’t use the website or avail any of the services being provided therein.

 

ELIGIBILITY

Users agree to be aware of the following primary eligibility criteria:

The User shall be at least 18 years old and if not, then such a user shall be accessing the platform under the supervision of a parent or guardian, who in such a case will be deemed as the Recipient of the end user of the services for the purpose of these Terms and Conditions. In such a scenario, the parents or legal guardians who shall be the end user, can transact if they are registered users. The user who is "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including but not limited to un-discharged insolvents etc. are not eligible to use the platform. The User who has not been previously suspended or removed by us or disqualified for any other reason, from availing the services. We reserve the right to terminate membership of an user and/or refuse to provide the user with access to the platform if we discover that such a user is under the age of 18 years.

 

  • Under this license you must not:

    • Use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

    • Modify or copy the materials in any manner whatsoever.

    • Use the materials for any commercial purpose, or for any public display (whether commercial or non-commercial).

    • Attempt to decompile or reverse engineer any software contained on the website.

    • Remove any copyright or other proprietary notations from the materials.

    • Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without the company’s express prior written consent.

    • Use this website for any purposes related to marketing without the Company’s express prior written consent; or

    • Transfer the materials to another person or “mirror” the materials on any other server.

  • The materials on the website are provided on an ‘as is’ basis. The Company makes no representations or warranties, expressed or implied, in relation to the information and materials on this website, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

  • The Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this website.

  • In no event shall the Company or its representatives, vendors and/or suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the website, even if the Company or its authorised representative has been notified orally or in writing of the possibility of such damage.

  • You agree that you will not bring any claim personally against the Company’s officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing, you agree that the limitations of warranties and liability set out in these Terms will protect the Company’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as the Company.

  • In no case shall Blush Tree., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

  • The Company does not warrant that any of the materials on its website are accurate, complete, or current. The Company may make changes to the materials contained on the website at any time without notice.

  • The Company has not independently reviewed or verified all the sites linked to the website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the Company of such a site. Use of any such linked website is at the user’s own risk.

  • These terms and conditions are governed by and construed in accordance with the laws of India, and you irrevocably submit to the exclusive jurisdiction of the courts in [Kolkata, India].

  • If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other remaining provisions will continue in full force and effect. Similarly, if any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of that provision will continue in full force and effect.

  • These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

 

INDEMNITY

The User by using the platform, and/or availing the services agrees to the extent permitted by law to indemnify and hold us, and our affiliates, Directors, Partners of all kinds, Officers, Employees, Agents, Contractors harmless with respect to any claims, losses, costs, charges, expenses inclusive of the Attorney’s Fees that the Indemnified may incur because of:

  • The User’s breach of these Terms and Conditions.

  • The User’s use of the platform and/or the services.

  • Incorrect or inaccurate credit / debit card details provided by the User.

  • The User uses a credit / debit card which is not lawfully owned by them.

  • The User permits a third party to use their password or other means to access their account.

  • The User providing a false, forged, unauthorised or manipulated prescription

  • The User’s non-compliance with applicable law or regulations in the jurisdiction in which they are accessing the platform and/or the service.

  • Any action taken by us as part of its investigation of a suspected violation of these Terms and Conditions or because of its finding or decision that a violation of these Terms and Conditions has occurred.

We shall not bear the liability of any non-compliance or delay in compliance with any of the obligations we assume under any contract including any delay or failure to deliver products when caused by events that are beyond our reasonable control (“Force Majeure”). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

  • Strike, lockout or other forms of protest

  • Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.

  • Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster

  • Inability to use public or private transportation and telecommunication systems.

  • Acts, decrees, legislation, regulations or restrictions of any government or public authority including any judicial determination.

Our obligations deriving from any contracts should be considered suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time we shall communicate to the user, not being less than the time that the situation of Force Majeure lasted.

COURT JURISDICTION, GOVERNING LAW AND DISPUTE RESOLUTION

All disputes or differences whatsoever arising between the parties out of or relating to the construction, meaning or operation or effect of this Contract or breach thereof shall be settled by Arbitration in accordance with the Rules of Arbitration and Conciliation Act, 1996 (as amended). The Arbitral Tribunal shall consist of Sole Arbitrator. The Company shall have the sole right to appoint the Sole Arbitrator and the Seat and Venue shall be at Kolkata, West Bengal, India.

This document shall be governed by and construed in accordance with laws of India and each of the parties hereto submits to the jurisdiction of Kolkata Courts for purposes of enforcing any arbitral award or other judicial relief permitted hereunder.

We may at any time, terminate its legal document with you if: (a) you have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (b) We are required to do so by law; or (c) for reasons we have decided to wind up.

The information/images displayed on the website is provided without any guarantees, conditions or warranties as to its accuracy and on as its basis, to the extent permitted by law, We hereby expressly exclude all conditions, warranties and other terms which might otherwise by implied by statute, any liability for a direct, indirect or consequential loss or damage incurred by any of you in connection with the usage of Product.

IN NO EVENT SHALL WE, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ADVERTISERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, THE MATERIALS, OR OUR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

The aggregate liability of ours to you or anyone, whether in contract, tort, negligence or otherwise, howsoever arising, whether in connection with these Terms of Use, your access and use of this website and its contents and functionalities or for any reason related to the operation of the website and services availed through our platform, shall not exceed the price you paid to us and or Rs. 100/- whichever is less and be paid at all if any then less charges being called for such payment

If any provision of this document is invalid, as determined by a court of law having the jurisdiction to decide on this matter, then that provision will be removed from the document without affecting the remaining provisions of the document, which will continue to be valid and enforceable.

This document and any of its terms and provisions may be amended, modified, supplemented or waived by the Company without any notice or specific notice to you. Any notice and other communications provided for in this terms and conditions shall be in writing and shall be sent to email id: blushtree2021@gmail.com.

The Website reserves the right to report to the relevant authorities any person supplying false information on the site. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site/Website. Users are responsible for regularly reviewing these Terms of use. The most current version of the Terms of Service can be reviewed by clicking on the 'Terms of Use' hypertext link located on the Site.

In the event the User comes across any abuse or violation of these Terms and Conditions or if the user becomes aware of any objectionable content on the website, please report to our customer support team. If the user has any concern about the Terms and Conditions or grievances about the platform or our services, please contact us with a thorough description and we will try to resolve the issue for the user. Please address them to the below mentioned contact:

Phone number: +91 - 7003362099

E-mail: blushtree2021@gmail.com