Terms and Conditions
Last updated onJune 14th, 2019
This document is an electronic record in terms of the Information Technology Act, 2000 and the rules made thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Please read the following terms and conditions carefully before registering, accessing, browsing, downloading or using the Site (defined below). By accessing or using the Site or by using the Service (defined below), you agree to be bound by these terms and conditions set forth below including any additional guidelines and future modifications. If at any time you do not agree to these terms and conditio ns or do not wish to be bound by these terms and conditions, you may not access or use the site and immediately terminate your use of the services. Your Agreement to these Terms and Conditions for availing Service The Terms and Conditions (as may be amended from time to time, the "Agreement") is a legal contract between you being, an individual customer, user, or beneficiary of this service of at least 18 years of age, and Itailing Solutions Private Limited (iTailing) having its registered office at Bldg No. 4, Room No. 5, B.M. C. Colony, P. L. Lokhande Road, DR. Ambedkar Nagar, Chembur, Mumbai, 400089. All services are rendered by iTailing through its platform under the brand name ‘BeyondEnough'.
Hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of iTailing. (together with its subsidiaries and other affiliates, "us", "We" or "BeyondEnough"), regarding your use of our prepaid mobile/DTH recharge purchasing services to purchase prepaid mobile/DTH recharge (known as "Recharge") or Services regarding Loyalty Program of online BeyondEnough Marketplace or such other services which may be added from time to time (all such services are individually or collectively are referred as Service or Services as the case may be). Service can be used by you subject to your adherence with the terms and conditions set forth below including relevant policies. BeyondEnough reserves the right, at its sole discretion, to revise, add, or delete portions of these terms and conditions any time without further notice. You shall re-visit the "Terms & Conditions" link from time to time to stay abreast of any changes that the "Site" may introduce.
- By accepting the terms and conditions the customer accepts that BeyondEnough may send the alerts to the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer. The customer acknowledges that the alerts will be received only if the mobile phone is in ‘On' mode to receive the SMS. If the mobile phone is in ‘Off' mode then the customer may not get / get after delay any alerts sent during such period.
- BeyondEnough will make best efforts to provide the service and it shall be deemed that the customer shall have received the information sent from BeyondEnough as an alert on the mobile phone number provided during the course of ticket booking and BeyondEnough shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. The customer cannot hold BeyondEnough liable for non-availability of the service in any manner whatsoever.
- The customer acknowledges that the SMS service provided by BeyondEnough is an additional facility provided for the customer's convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event the customer observes any error in the information provided in the alert, BeyondEnough shall be immediately informed about the same by the customer and BeyondEnough will make best possible efforts to rectify the error as early as possible. The customer shall not hold BeyondEnough liable for any loss, damages, claim, expense including legal cost that may be incurred/ suffered by the customer on account of the SMS facility.
- The customer acknowledges that the clarity, readability, accuracy, and promptness of providing the service depend on many factors including the infrastructure, connectivity of the service provider. BeyondEnough shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
- The customer agrees to indemnify and hold harmless BeyondEnough and the SMS service provider including its officials from any damages, claims, demands, proceedings, loss, cost, charges and expenses whatsoever including legal charges and attorney fees which BeyondEnough and the SMS service provider may at any time incur, sustain, suffer or be put to as a consequence of or arising out of (i) misuse, improper or fraudulent information provided by the customer, (ii) the customer providing incorrect number or providing a number that belongs to that of an unrelated third party, and/or (iii) the customer receiving any message relating to the reservation number, travel itinerary information, booking confirmation, modification to a ticket, cancellation of ticket, change in bus schedule, delay, and/or rescheduling from BeyondEnough and/or the SMS service provider.
- Customer also agrees to receive information regarding what BeyondEnough perceives to be of their interest based on usage history via SMS, email & phone call. This includes offers, discounts and general information. In case the customer does not want such information, they have to explicitly ask to be excluded.
- By accepting the terms and conditions the customer acknowledges and agrees that BeyondEnough may call the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer, for the purpose of collecting feedback from the customer regarding their travel, the bus facilities and/or services of the bus operator.
- Grievances and claims related to the bus journey should be reported to BeyondEnough support team within 10 days of your travel date.
Use of Site
You understand that except for information, products or services clearly indicated as being supplied by the BeyondEnough, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that BeyondEnough cannot and does not guarantee or warrant that files available for downloading through the Site will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements and for accuracy of data input and output.
By using the Services, you agree not to:
- use the Services for any purposes other than to purchase Recharge of Telcos and/or to access the Services in accordance with these Terms and Conditions and as such services are offered by BeyondEnough
- impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Services, perform any other similar fraudulent activity or otherwise purchase Recharge with what we reasonably believe to be potentially fraudulent funds
- infringe our or any third party's intellectual property rights, rights of publicity or privacy
- use the Services if You are under the age of eighteen (18) without a parental sponsor or in any event use the Services if You are under the age of thirteen (13) years old even with a parental sponsor and in accordance with applicable law
- post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person
- post or transmit any message, data, image or program which is pornographic in nature
- refuse to cooperate in an investigation or provide confirmation of Your identity or any other information You provide to BeyondEnough
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services and the Site or features that enforce limitations on the use of the Services
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation
- use the Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services in an automated manner
- modify, adapt, translate or create derivative works based upon the Services and the Site or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation
- intentionally interfere with or damage operation of the Services or any other user's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features
- use any robot, spider, other automatic device, or manual process to monitor or copy the Site without prior written permission
- interfere or disrupt this Site or networks connected to this Site
- take any action that imposes an unreasonably or disproportionately large load on our infrastructure/ network
- use any device, software or routine to bypass the Site's robot exclusion headers, or interfere or attempt to interfere, with the Services
- forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Site or to manipulate your presence on our Site
- sell the Services, information, or software associated with or derived from it
- use the facilities and capabilities of the Site to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others
- breach this Agreement or any other BeyondEnough agreement or policy
- provide false, inaccurate or misleading information
- use the Site to collect or obtain personal information, including without limitation, financial information, about other users of the Site
- purchase Recharge with what BeyondEnough reasonably believes to be potentially fraudulent funds
- use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to BeyondEnough, a third party or You
- use the Services in a manner that BeyondEnough or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules
- take any action that may cause BeyondEnough to lose any of the Services from its service providers, Telcos, payment processors or other suppliers
- send automated request of any kind to the Site's system without express permission in advance from BeyondEnough.
Cancellation and Refund Policy
- Cancellations of entry tickets are permitted only up to 48 hours prior to the intended date of visit, and 25% cancellation charges shall be levied on the total price paid. No refunds are permitted if cancellations are made within 48 hours prior to the intended date of visit. Partial cancellations or modifications are not permitted.
- No refunds are admissible on cancellation or alteration of vehicle bookings..
- No-Show: Please note that the Park tickets are issued only for the date as mentioned thereon. These tickets cannot be used on any other date and no refunds shall be given for unused tickets.
- Chargeback: Similarly, no chargeback are permissible on unused tickets
All sales of Recharge are final with no refund or exchange permitted. You are responsible for the mobile number or DTH account number you purchase Recharge for and all charges that result from those purchases. BeyondEnough is not responsible for any purchase of Recharge for an incorrect mobile number or DTH account number. However, if in a transaction performed by you on the Site, money has been charged to your card or bank account and a Recharge is not delivered within 24 hours of your completion of the transaction then you may inform us by sending an email to our customer services email address mentioned on the Contact Us page. Please include in the email the following details – the mobile number (or DTH account number), operator name, Recharge value, Transaction date and Order Number. BeyondEnough shall investigate the incident and if it is found that money was indeed charged to your card or bank account without delivery of the Recharge then you will be refunded the money within 21 working days from the date of receipt of your email. All Refunds will be credited to your Semi Closed Wallet. You can trigger a request in your BeyondEnough Wallet to transfer the money from your BeyondEnough Wallet back to source. It will take 3-21 days for the money to show in your bank account depending on your bank's policy.
Termination: Agreement Violations
You agree that BeyondEnough, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) or your use of the Services and remove and discard all or any part of your account, your user profile, or your recipient profile, at any time. BeyondEnough may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have or portion thereof may be effected without prior notice, and you agree that BeyondEnough will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies BeyondEnough may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Services.
Limitation Of Liability And Damages
In no event will BeyondEnough or its contractors, agents, licensors, partners, suppliers be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to (i) this agreement, (ii) the services, the site or any reference site, or (iii) your use or inability to use the services, the site (including any and all materials) or any reference sites, even if BeyondEnough or a BeyondEnough authorized representative has been advised of the possibility of such damages. In no event will BeyondEnough or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers' total liability to you for all damages, liabilities, losses, and causes of action arising out of or relating to (i) this Agreement, (ii) the Services, (iii) your use or inability to use the Services or the Site (including any and all Materials) or any Reference Sites, or (iv) any other interactions with BeyondEnough, however caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount paid by you, if any, for using the portion of the Services or the Site giving rise to the cause of action or One Thousand Rupees (Rs.1000), whichever is less. You acknowledge and agree that BeyondEnough has offered its products and services, set its prices, and entered into this agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and BeyondEnough, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and BeyondEnough. BeyondEnough would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, BeyondEnough's liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive termination of this Agreement.
You agree to indemnify, save, and hold BeyondEnough, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the Services or of the Site, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. BeyondEnough reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify BeyondEnough, including rights to settle, and you agree to cooperate with BeyondEnough's defense and settlement of these claims. BeyondEnough will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
Disclaimer: No Warranties
To the fullest extent permissible pursuant to applicable law, BeyondEnough and its third-party partners, licensors, and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of Merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from BeyondEnough or through the services or the site will create any warranty not expressly stated herein. You expressly acknowledge that as used in this section, the term “BeyondEnough” includes BeyondEnough's officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliated companies. You acknowledge that BeyondEnough is a reseller of Mobile recharges and is not liable for any 3rd party (telcos & suppliers) obligations due to rates, quality, and all other instances, whether to any such telco's subscribers or otherwise. You expressly agree that use of the services and the site is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the internet generally. We do not warrant that the service will be uninterrupted or error-free or that defects in the site will be corrected. The services and the site and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. BeyondEnough, and its third party suppliers, licensors, and partners do not warrant that the data, BeyondEnough software, functions, or any other information offered on or through the services, the site or any reference sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. BeyondEnough and its third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the services, the site or any reference sites in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the services, the site or any reference sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and device) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. This paragraph shall survive termination of this agreement. In no event will BeyondEnough be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the site.
Ownership: Proprietary Rights
The Services and the Site are owned and operated by BeyondEnough and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Services and the Site provided by BeyondEnough (the “Materials”) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between you and BeyondEnough, all Materials, trademarks, service marks, and trade names contained on the Site are the property of BeyondEnough and/or third party licensors or suppliers. You agree not to remove, obscure, or alter BeyondEnough or any third party's copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services. Except as expressly authorized by BeyondEnough, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. BeyondEnough reserves all rights not expressly granted in this Agreement. If you have comments regarding the Services and the Site or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to BeyondEnough, and shall assign to BeyondEnough, all right, title and interest in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
Modification Of This Agreement
BeyondEnough reserves the right to change, modify, add, or remove portions of this Agreement (each, a “change”) at any time by posting notification to the Site or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to payment transactions initiated after the posting date. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services. For certain changes, BeyondEnough may be required under applicable law to give you advance notice, and BeyondEnough will comply with such requirements.
BeyondEnough may provide you with notices and communications by email, regular mail or postings on the Site or by any other reasonable means. Except as otherwise set forth herein, notice to BeyondEnough must be sent by courier or registered mail to
ITailing Solutions Pvt Ltd,
Bldg No. 4, Room No. 5, B.M. C. Colony,
P. L. Lokhande Road, DR. Ambedkar Nagar,
Chembur, Mumbai, 400089.
The failure of BeyondEnough to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by BeyondEnough.
BeyondEnough may elect to resolve any dispute, controversy or claim arising out of or relating to this Agreement or Service provided in connection with this Agreement by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. Any such dispute, controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New Delhi, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or We may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi, India, necessary to protect the rights or the property of you or BeyondEnough (or its agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor We may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The language of Arbitration shall be English.
Governing Law And Forum For Disputes
Except as otherwise agreed by the parties or as described in the Arbitration section above, you agree that any claim or dispute you may have against BeyondEnough must be resolved by a court located in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, India for the purpose of litigating all such claims or disputes. This Agreement shall be governed by the laws of India, without giving effect to any principles of conflicts of law.
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
This Agreement, and any rights granted hereunder, may not be transferred or assigned by you without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms and Conditions, and will not be deemed to limit or affect any of the provisions hereof.
This is the entire agreement between you and BeyondEnough relating to the subject matter hereof and will not be modified except in writing, signed by both parties, or by a change to this Agreement made by BeyondEnough in accordance with the terms of this Agreement.
BEYOND ENOUGH IS ALSO AN ONLINE MARKET PLACE (“BEYOND SALON”) THAT ENABLES THE USER(S) OF THE "BEYOND SALON" WEBSITE / MOBILE APPLICATION / TELEPHONE, TO ARRANGE AND SCHEDULE VARIOUS BEAUTY, GROOMING AND WELLNESS SERVICES AT HOME OR ANY OTHER LOCATION DESIGNATED BY THE USER BY BOOKING INDEPENDENT PROFESSIONAL FREELANCE STYLISTS AND NOT DIRECT EMPLOYEES OF THE COMPANY, WHO HAVE BEEN LISTED ON THE WEBSITE / APPLICATION FOR EASY CONVENIENCE OF THE USER(S), BY MAKING PAYMENTS ONLINE THROUGH THE WEBSITE / APPLICATION. IT IS EXPRESSLY PROVIDED THAT SUCH SERVICES ARE PROVIDED INDEPENDENTLY BY THE STYLISTS. THE USER(S) OF THE WEBSITE / APPLICA ... TION AND THE STYLIST SHALL BE SOLELY RESPONSIBLE FOR THEIR BEHAVIOR AND CONDUCT. PLEASE READ THE FOLLOWING TERMS & CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE APPLICATION.
TERMS & CONDITIONS FOR TRANSACTING AT AND/OR DEALING WITH BEYOND SALON
This document is an electronic record in terms of the Information Technology Act, 2000 and the rules made thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This electronic record is generated by a computer system and does not require any physical or digital signatures.
"Beyond Salon" is an online market place operated through a mobile phone application, website and/or telephone which is owned and operated by iTailing Solutions Private Limited, having its registered office at Bldg No. 4, Room No. 5, B.M. C. Colony, P. L. Lokhande Road, DR. Ambedkar Nagar, Chembur, Mumbai, 400089 (the "Company") wherein the User(s) (as defined hereinafter) of the "Beyond Salon" website can avail of various beauty, grooming and wellness services at home or any other location designated by the User(s) by booking independent professional freelance aestheticians/stylists, and Not direct employees of the Company, but independent beauty stylists whose skills have been verified and updated by the Company using its best endeavors, at its training institutes before being listed on the application / website / telephone by making payments online through the Website / mobile application (the "Application").
All kinds of correspondence should be addressed by post to the registered office address as given above and emailed at email@example.com
The information, Services (as defined hereinafter) including but not limited to communications tools, forums, search services, Third Party Information (as defined hereinafter), offered on this Application, whether now known or hereafter developed, are solely for the User's information and subject to the User's acceptance without modification of the Terms & Conditions and notices contained herein and should not be considered as a substitute for professional advice. The User's use of the Application is subject to the additional disclaimers and caveats that may appear throughout the Application. The Company, its affiliate companies, associate companies, subsidiaries, management, directors, employees, consultants, advisors, accountants, its affiliate companies, associate companies, subsidiaries, management, directors, employees, consultants, advisors, accountants and/or agents assume no responsibility for any consequence(s) relating directly and/or indirectly to any action and/or inaction that the User may take based on the information and Services and other materials offered on this Application. While the Company strives to keep the information relating to the various Services offered on this Application accurate, complete and up-to-date, the Company, its affiliate companies, associate companies, subsidiaries, management, directors, employees, consultants, advisors, accountants and/or agents cannot guarantee and shall not be responsible for any damage and/or loss caused whether financial or otherwise, related to the accuracy and/or completeness of the User Information (as defined hereinafter) and/or the Third Party Information.
The Company may change, suspend and/or discontinue the Service(s) at any time, including the availability of any feature, data and/or content on the Application. The Company may also impose limits on certain features and Services and/or restrict User's access to parts and/or all of the Services without notice and/or liability to the Users.
The words and phrases used in these terms are defined as under unless repugnant to the context or meaning there of:
- "Account" shall have the meaning ascribed to it in Clause II.
- "Application" shall have the meaning ascribed to it hereinabove.
- "Cancellation Policy" shall have the meaning ascribed to it in Clause VII.
- "Company" shall have the meaning ascribed to it hereinabove.
- "Company Information" shall have the meaning ascribed to it in Clause III.
- "Force Majeure Event" shall have the meaning ascribed to it in Clause XII.
- "Policy" shall have the meaning ascribed to it in Clause XII.
- "Sensitive Personal Information or Data" refers to personal information of the User which consists of information relating to:
- "Application" shall have the meaning ascribed to it hereinabove.
- Financial information such as bank account or credit or debit card or other payment instrument details;
- Physical, physiological and mental health condition
- Sexual orientation
- Medical records and history
- Biometric information
- Any detail relating to the above clauses as provided to the Company for providing service
- Any of the information received under the above clauses by the Company for processing stored or processed under lawful contract or otherwise
It is expressly provided that any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force shall not be regarded as Sensitive Personal Information or Data for the purposes of these Terms & Conditions.
"Service(s)" shall mean any beauty, grooming and wellness services which are to be provided by the Stylists at the home of the Users for their personal, non-commercial use, being offered for sale on the Application in lieu of the Service Charges as set out against the respective services, on and subject to these Terms & Conditions.
"Service Charge(s)" shall mean the charges as set out in the Application against the respective Services which shall include all applicable taxes and as may be amended from time to time by the Company.
"Stylists" shall mean aestheticians and stylists, being independent freelancers and direct employees of the Company, who have been verified, trained and skilled by the Company at its training institutes before being listed on the Application for providing the Services to the User(s).
"Refund Policy" shall have the meaning ascribed to it in Clause IX.
"Terms & Conditions" shall mean the terms and conditions set out in this User Agreement which shall include the Policy and the disclaimer, which may be amended from time to time by the Company.
"Third Party Information" shall have the meaning ascribed to it Clause III (ii).
"User(s)" shall mean any person(s) who visit, use, deal with and/or transact on the Application in any manner whatsoever.
"User Agreement" shall have the meaning ascribed to it hereinabove.
"User Information" shall have the meaning ascribed to it in Clause II.
"User View's" shall have the meaning ascribed to it Clause III (i).
In order to use most aspects of the Application, the User must register for and maintain an active personal user services account on the Application ("Account"). Any User who is above Eighteen (18) years of age, transacting in Indian Rupees and competent to enter into valid contract under the Indian Contract Act, 1872 shall be eligible to visit, use, deal with and/or transact on the Application by using his/her Account. If the User is not competent to enter into a valid contract, then the User is prohibited to visit, use, deal with and/or transact under the Application. Any visit, dealing and/or transaction on the Application using his/her Account shall be treated as the User's representation that he/she is competent to enter into valid legal contracts under the Indian Contract Act, 1872.
The User hereby agrees to be responsible and liable, whether financially and/or otherwise while availing any Services and for access of the Application (as well as for use of the Account by others, including without limitation minors). The User represents and warrants that all information supplied by the User to create the Account, access the Application and avail of the Services, including without limitation, the User's Sensitive Personal Information or Data are true, correct, accurate and up-to-date ("User Information"). Failure to provide accurate information may subject the User to civil and criminal liability. This User Agreement is void to the extent as may be prohibited by any applicable law, and the right to access the Application is revoked in such jurisdictions in India.
- The Company has the rights, title, ownership and interest in any content, information
- description of Services and/or any materials and data displayed by the Company on the Application including the Company's trademarks, service marks, logos and/or copyrights ("Company Information").
It is expressly provided that the Company Information is protected under the applicable intellectual property rights laws and the User undertakes to abide by all the copyright notices and relevant obligations contained in this User Agreement. The User further undertakes not to commit any act and/or omission which shall have an adverse impact on the rights of the Company in the Company Information and any such act and/or omission shall subject the User to civil/criminal liability as may be applicable.
It is further provided that if any User intends to use the Company Information for any purpose such as providing commentary/feedback in respect to the Application and/or the Services and/or writing any articles, blogs, comments, reviews, opinions, etc. ("User View's"), he/she shall obtain prior written permission from the Company. The User further undertakes to give proper credit and ensure that the Company's copyright notice appears on all copies and that no documents or graphics, including logos, available from the Application will be modified in any way.
The User is advised that the Company will aggressively enforce its intellectual property rights in the Application and the Company Information to the fullest extent under the applicable law, including by seeking appropriate remedies, solely at the User's risk as to costs and consequences. Further, the User undertakes to indemnify and keep indemnified the Company and/or its shareholders, directors, employees, officers and affiliates, partners, associate/subsidiary companies/entities, advisors, accountants, agents, consultants, contractors, partners and/or suppliers for all claims arising from infringement of the intellectual property rights of the Company by the User.
(ii) Third Party Information
It is expressly stated that any feedback, commentary, comments, reviews, blogs, opinions, views and articles provided on the Application by any third party including advertisements and third party links ("Third Party Information") are not the views and/or opinions of the Company.
The Services may be made available or accessed in connection with third party services and Third Party Information that the Company does not control. It is expressly provided that the Company does not endorse and shall not be responsible and/or liable in respect of any third party services or Third Party Information whether financially and/or otherwise and the User shall be solely responsible for accessing and/or relying on such third party services or Third Party Information.
Further, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a thirdparty beneficiary to this User Agreement if the User accesses 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 User Agreement and are not responsible for the provision or support of the Services in any manner. The User's access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.
The User shall be entitled to use the Application for any transaction after creating an Account and getting himself/herself registered on the Application and after furnishing all User Information relating to the User as sought on the Application. The User shall be solely responsible for all the activity that occurs under his/her Account, and to maintain the security and secrecy of his/her Account username and password at all times. Further, Each User may only possess only One (1) Account, unless otherwise permitted by the Company in writing.
The User shall be solely responsible for the accuracy and correctness of all such User Information given by him/her during registration. The Company shall be entitled to cross verify those details, if it deems fit. If the Company has reason to doubt the correctness of any User Information furnished by the User or in case any User Information furnished by the User is found incorrect, false or misleading then the Company shall be entitled to cancel or suspend the Account of the User permanently or for such period as the Company deems fit. Further, the User shall be liable to be prosecuted and/or punished under applicable laws.
If the User Information changes, the User may correct, delete inaccuracies, or amend information by making the change through the Application or by contacting the Company. The Company will make all reasonable efforts to make requested changes as soon as reasonably practicable. Further, if the User wishes to cancel his/her Account he/she may cancel the same through the Application or contact the Company.
The User shall not (a) select or use name, User ID, mobile number and/or email ID of another person with the intent to impersonate that person; or (b) use as a User ID, a name subject to any rights of a person other than the User without appropriate authorization. The Company reserves the right to refuse registration of or cancel User's Account at its discretion.
The User expressly states that the User Information provided by him/her to the Company is correct and complete in all respects and does not contain any false, distorted, manipulated, fraudulent or misleading facts. The Company expressly disclaims any liability arising out of the User Information provided by the User. Further, the User expressly agrees that the Company is not responsible for the accuracy and authenticity of the User Information provided by him/her to the Company and the User agrees to indemnify the Company for all losses incurred by him/her due to any false, distorted, manipulated, defamatory, libellous, vulgar, obscene, fraudulent or misleading facts made by him/her to the Company.
In order to ensure that the Company is not violating any rights which the User might have in his/her User Information, the User hereby agrees to grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) which the User has in his/her User Information, in any media, known either now or in the future, solely to enable the Company to use the User Information that the User supplies to the Company. The Company will only use User Information in accordance with the Terms & Conditions.
User agrees and understands that the Company shall not be responsible in any manner whatsoever for (i) delivery of the Service(s) at a wrong address furnished by the User; (ii) any loss and/or damage to the User due to incorrect, incomplete and/or false information furnished by the User; or any deficiency in payment of consideration payable towards the Service(s) purchased on the Application.
The Company may use the User Information to send the User promotional communications via text messages and other notification methods.
Representations and Warranties
The User represents, warrants, covenants and undertakes that he/she is the owner and/or is authorised to share the User Information given by him/her on the Application. The User confirms that the User Information is correct, complete, accurate, not misleading, does not violate any statutory enactment, notification, order, circular, policy, rules and regulations and is not injurious to any person and/or property.
The User undertakes to indemnify and keep indemnified the Company and/or its shareholders, directors, employees, officers, affiliates, associate/subsidiary companies/entities, advisors, accountants, agents, consultants and/or contractors for all claims resulting from User Information that the User supplies to the Company and/or posts in any chat-rooms, bulletin boards or other interactive areas provided under the Application. The Company shall be entitled to remove any such User Information posted by the User without any prior intimation to the User.
If the User Information changes, the User may correct, delete inaccuracies, or amend information by making the change through the Application or by contacting the Company. The Company will make all reasonable efforts to make requested changes as soon as reasonably practicable. Further, if the User wishes to cancel his/her Account he/she may cancel the same through the Application or contact the Company.
The User understands that the Company does not have any control on accuracy of User Information submitted by anybody on the Application and therefore agrees that the Company shall not be responsible for any loss, damage, cost, expenses etc. due to inaccuracy of any User Information and/or Third Party Information submitted by User or anybody else on the Application.
The User acknowledges and understands that the disclosure of the User Information on the Application by the User is an express consent, given freely and voluntarily by the User to the Company to use such User Information for the purposes set out under the Terms & Conditions.
The User agrees and undertakes that he/she shall be solely responsible for his/her User Information and confirms that he/she shall not host, display, upload, modify, publish,
transmit, update or share any User Information that:
- is incorrect, incomplete, irrelevant and inaccurate.
- is fraudulent.
- belongs to another person and to which the User does not have any right to
- is grossly harmful, "stalking", harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful or racially, ethically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever
- Tharms minors in any way
- infringes any patent, trademark, copyright and/or other proprietary rights
- violates any law for the time being in force
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature
- impersonates another person
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- is seditious, abusive, discriminatory, tortuous, scandalous, inflammatory and/or liable to incite racial, ethnic or religious hatred; and/or in breach of confidence, in breach of privacy and/or causes annoyance and/or inconvenience.
- does not create liability for the Company or cause the Company to lose (in whole or in part) the services of the Company's ISPs or other suppliers.
- is not in the nature of political campaigning, unsolicited or unauthorized advertising, promotional and/ or commercial solicitation, chain letters, pyramid schemes, mass mailings and/or any form of 'spam' or solicitation.
Further, the User agrees and understands that the Company reserves the right to remove and/or edit such User information.
The User undertakes that he/she shall not attempt to gain unauthorized access to any features on the Application, other Users' account(s), computer/software systems and/or networks connected to the Application through hacking, phishing, password mining and/or any other means (whether now known or hereafter developed or invented). The User shall not or shall not attempt to obtain any materials or information through any means not intentionally made available to User through the Application. Further, the User shall not provide link to, mirror or frame any portion of the Application or decompile, reverse engineer or disassemble the Application, its content and/or its features except as may be permitted by applicable law.
The User undertakes not to enter into any independent agreement or arrangement with the Stylists for services outside of the Application.
The User will do the preparation for receiving the Services as per the requirement of the Company and shall provide a safe and secured environment for the Stylist(s) to deliver the Services and the User shall not do anything to harm the Stylist(s).
Any User who is desirous of receiving the Services at his/her home shall register himself/herself though the Application and book the Stylists listed on the Application and choose from the list of Service which the User wishes to avail by making the payment online directly to the Company in accordance with the Payment Terms as set out in Clause X of these Terms & Conditions.
The Users shall make the booking in advance as per the requirements of the Company to avail of any Stylists and Services available on the Application. The Services will be available subject to online booking availability and acceptance and the Company does not guarantee availability of Stylist's and Services at all times.
In case the Stylist fails to visit the User, for any reason not attributable to the User, the Service Charges paid by the User will be refunded in accordance with the Refund Policy set out in Clause IX of these Terms & Conditions.
Further, if the User wishes to cancel the booking, he/she may do the same in accordance with the Cancellation Policy as set out under Clause VII of these Terms & Conditions and thereafter the Service Charges will be refunded in accordance with the Refund Policy and the refund will be made to the User's account as per the mode of payment selected at the time of purchase of the Service(s).
The Company hereby expressly states that any request from the User in respect to any change in the Services purchased by the User through the Application shall not be accepted by the Company.
The Company reserves the right at any time after receipt of User's booking to accept or decline User's booking for any reason which will be intimated to the User reasonably in advance and any Service Charges paid shall be refunded to the User's account. The Company may require additional verifications or information before accepting any booking, which shall be provided by the User.
The Company shall have the right to refuse or cancel any booking made for availing of the Services listed at an incorrect price or containing any other incorrect information or typographical errors, whether or not the booking has been confirmed and User's credit/debit/cash card charged. However, it is expressly provided that in the event the User's credit/debit/cash card has already been charged for such booking, the Company shall issue a credit to User's credit/debit/cash card account for the amount of the charge.
The User shall be entitled to cancel booking of any Service, booked on the Application, by placing a "Cancel Order" request, by logging a call with Company's Customer Care Centre by phone or on the Application (whichever is available) 24 hours before the scheduled time for availing the Service which has been booked.
Any add-on/promotional Services which may be offered to the User along with the Services booked by him/her shall not be available on cancellation of the said Services by the User.
The aforesaid terms and conditions in respect to cancellation shall be referred to as the "Cancellation Policy". The User will be bound by the Cancellation Policy of the Company and shall not hold the Company liable for any loss that she/ he may incur due to cancellation of the bookings.
The Company reserves the right to withdraw or modify any add-on/promotional Services and/or offers at any time without any liability towards the User(s).
No Warranty for Freebies
Add-on/promotional Services given with any of the Services purchased from the Application will not be exchanged and/or covered under any kind of warranty.
Any cancellation made in accordance with the Cancellation Policy qualifies for payment reversal..
All eligible refunds against cancellation of bookings by the User in accordance with the Cancellation Policy will be subject to deduction of Two Percent (2%) of the price already paid for the Service (Transaction value) as Banking and Transaction charges and balance would be processed to be refunded to the User. The User understands and agrees to such deduction by putting cancellation request for any booking in accordance with the Cancellation Policy.
The User shall have the option to retain 100% of the eligible refund in BeyondEnough credit which can be used by the User for any future Services of the same or higher amount.
The User will not be liable to get any refund in case of Customer not available at address provided at the time of booking.
Any eligible refund will be initiated by the Company within Fifteen (15) working days of receipt of request for cancellation of the booking. However, it will be credited to User's bank account within such time as taken by banking channels to process refund transaction.
All refunds will be made out through crediting the account of the User from which the payments were made by him/her.
The aforesaid terms and conditions in respect to refund by the Company shall be referred to as the "Refund Policy".
The User shall be entitled to use his/her valid credit/debit and/or any other payment cards, net banking facility or cash to make payment of the Service Charges against any booking being made on the Application. The User undertakes and confirms that he/she shall furnish at his/her own risk correct, complete and accurate details of credit/debit and/or any other payment cards, net banking accounts and shall be solely responsible for any cost, expense, loss and/or damage which may be suffered by him/her due to furnishing of wrong details/information relating to his/her credit/debit and/or any other payment cards or net banking accounts. In the event of any data theft, the Company shall not be liable for the same.
The User expressly agrees and declares that the Company shall not be liable for the loss of any nature whatsoever including without limitation indirect, consequential, special and/or incidental damages to the User arising, directly or indirectly, out of decline of authorization for any transaction, resulting from the User exceeding his/her preset permissible payment limit under the credit/debit and/or any other payment cards and/or net banking accounts.
The Company confirms that the details provided by the User in this regard shall be kept confidential and shall not be disclosed to any third party except to the extent required under the rules of any stock exchange and/or by applicable laws, regulations and/or processes of any government authority and/or in connection with any judicial process regarding any legal action, suit and/or proceeding arising out of and/or relating to this User Agreement. In the event of any data theft, the Company shall not be liable for the same. Further, the Company actively reports and prosecutes actual and suspected credit/debit/cash card fraud.
The Service Charges are intended to compensate the Stylist for the Services provided and the Company does not designate any portion of the Service Charges as a tip/gratuity to the Stylist. The User understands and agrees that, while he/she is free to provide additional payment as a gratuity to any Stylist who provides the User any Services, the User is under no obligation to do so. Tips/gratuities are voluntary. After the User has received the Services, he/she will have the opportunity to rate his/her experience and leave additional feedback about his/her Stylist.
The Company captures certain information during the booking process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any booking is suspected to be fraudulent, all records will be submitted with or without a subpoena to all law enforcement agencies and to the credit/debit/cash card company for fraud investigation. The Company will cooperate with authorities to prosecute offenders to the full extent of the law.
The Company shall take all reasonable precautions to protect the information provided by the User. However, it is expressly provided and accepted by the User that the Company shall not be responsible and/or liable financially and/or otherwise for any third party action which results in the User Information provided by the User being exposed and/or misused by such third party who accessed such User Information without any authorisation from the Company.
Disputes Between Users And Stylists
The User's interactions with the Stylist(s), including the performance of any Service and any other terms, conditions, warranties or representations associated with those transactions or dealings, are solely between the User and the Stylist. The User should take reasonable precautions and make whatever investigation or inquiries he/she deems necessary or appropriate before proceeding with any transaction.
The User acknowledges and understands that deciding whether to use the Services of a Stylist or use information contained on the Application is his/her personal decision for which he/she alone is responsible and that the Company does not and cannot make representations as to the suitability of any Stylist that the User may decide to interact with through the Application and/or the accuracy or suitability of any advice, information or recommendations made by any such Stylist. Further, the User expressly agrees that the Stylist shall be solely responsible and liable for her/his actions and behavior with the User and the Company cannot make representations as to the suitability of any Stylist that the User may decide to interact with through the Application or otherwise.
"Force Majeure Event" means any event due to any cause beyond the reasonable control of the Company and/or the Stylists, including, without limitation, acts of God, fire, flood, earthquake, explosion, civil commotion, strikes, lockout, and/or industrial action of any kind, riots, insurrection, hostilities whether war be declared or not, acts of government, governmental orders or restrictions, unavailability or breakdown of any communication system and/or transport facility, sabotage, breakdown and/or hacking of the Application and/or its features, software or contents provided for availing the Services listed on the Application, such that it is impossible to perform the obligations under the User Agreement, or any other cause or circumstances beyond the control of the Company and/or the Stylists hereto which prevents timely fulfillment of obligation of the Company and/or the Stylists hereunder.
The Company and/or the Stylists shall not be liable for any failure and/or delay on its part in performing any of its obligation under this Agreement and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by the User by reason there of if such failure and/or delay shall be result of or arising out of the aforesaid Force Majeure Event.
The Company understands the importance of protecting the User's privacy and is committed to using reasonable safeguards for the privacy of the Sensitive Personal Information or Data that it collects, possesses, uses, processes, records, stores, transfers, discloses, deals with, handle and receives, by and on behalf of the User(s) while rendering Services to the User(s). A few of the methods that may be used to collect usage information includes, without limitation, the following (and subsequent technology and methods hereafter developed):
- Web Beacons - Small graphic images or other web programming code called web beacons, also known as "1x1 GIFs" or "clear GIFs" may be included in the Company's web and mobile pages and messages. The web beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Users. Web beacons are embedded invisibly on web pages and they help the Company to better manage content on our Application by informing us what content is effective, count Users of the Application, monitor how users navigate the Services, count how many e-mails that we send were actually opened or to count how many particular articles or links were actually viewed.
- Embedded Scripts - An embedded script is programming code that is designed to collect information about the User's interactions with the Application, such as the links clicked on. The code is active only while the User is connected to the Application, and is deactivated or deleted thereafter.
The Company is entitled, at its sole discretion or as may be required by law, to update, amend or modify these Terms & Conditions of the User Agreement at any time without giving any prior intimation to anybody and such amendments shall be effective from the date of posting updated Terms & Conditions of the User Agreement by the Company. User shall be responsible for reviewing and becoming familiar with any such modifications/amendments from time to time and shall be bound by the Terms & Conditions of the User Agreement as amended by the Company from time to time. Use of the Services by the User following such notification constitutes User's acceptance of the Terms & Conditions of the User Agreement as amended.
The User acknowledges and understands that the Stylists are professional independent freelancers and not employees of the Company and the Company is only an online market place listing the Services and the Stylists who render the Services. In light of the above, the User shall not hold the Company responsible and/or liable whether financially and/or otherwise for the Services rendered by the Stylists and/or any misconduct on the part of the Stylist.
The Company shall also not be responsible and/or liable for the beauty and cosmetic products used by the Stylists and the User shall inform and disclose to the Stylists any health problems and/or medical complications which the Users have before the Stylist commences the rendering of the Services which the User has availed from the Application or thereafter..
Further, the User acknowledges and understands that the Company does not in any manner endorse, warrant and/or guarantee and/or shall not be responsible and/or liable whether financially and/or otherwise for the authenticity of the content including the User Information, User Views and the Third Party Information provided on the Application by the Users and/or any third party in any manner whatsoever. It may include inaccuracies and/or typographical errors. Further, any advice received via the Application either from other Users, Stylists and/or any third party should not be relied upon for personal, legal and/or financial decisions and the User should consult a professional for specific advice.
The User acknowledges that the Company has made its best endeavours to secure the Application and has employed reasonable security measures and standards to protect the User Information provided by the User on the Application. Except for the obligations of security expressly undertaken by the Company under the Terms & Conditions of the User Agreement, the Company shall not be held responsible and/or liable to the User in respect to any nature of leakage of the User Information.
The Application will be subject to changes and/or improvements periodically. During the process of up-gradation, repair, maintenance and/or improvements of contents/systems/programs/software it may be suspended for any use. The Company shall not be liable for any inconvenience, loss, damage, cost, expenses which may be incurred by anybody due to unavailability of the Application for any use.
The Company shall not be held liable in any event, for any special, punitive, incidental, consequential loss and/or damages (direct and/or indirect) whatsoever including, without limitation, damages for loss and/or damage to any person and/or property arising out of or in connection with the use of and/or performance of the Application, with the delay and/or inability to use the Application, the provision of or failure to provide for any information, obtained through the Application and/or otherwise arising out of the use of the Application. The User shall verify the veracity of all information on his/her own before placing reliance and acting thereupon. The Company shall not be responsible and/or liable for any consequential damages arising on account of the User's reliance on the contents of the Application. Further, the Company shall not be responsible in any manner whatsoever for any third party action which results in the User Information provided by the User being exposed, misused and/or by such third party who accessed such User Information without any authorization from the Company.
The User acknowledges that he/she is responsible for obtaining the data network access necessary to use the Application and his/her mobile network's data and messaging rates and fees may apply if he/she accesses or uses the Application from a wireless-enabled device. Further, the User is responsible for acquiring and updating compatible hardware or devices necessary to access and use Applications and any updates thereto. The Company does not guarantee that the Application, or any portion thereof, will function on any particular hardware or devices. The Company does not make any representation, warranty and/or guarantee whatsoever as to the (a) availability, timelines, lack of viruses and/or other harmful components, accuracy, adequacy, reliability, completeness, suitability and/or applicability of the information to a particular situation; (b) that the service on the Application will be uninterrupted, timely, secure, and/or error-free; (c) the Application will be free from malfunctions and delays which are inherent in the use of the internet and electronic communications, (d) all the Company Information, software, the Application and related graphics are provided "as is" without warranty of any kind. The Company hereby disclaims all warranties and conditions with regard to the Company Information, software, including all implied warranties and conditions of, workmanlike effort, title and non-infringement.
Governing Law And Jurisdiction
This Agreement shall be governed by, construed interpreted, and enforced in accordance with the laws of India. Except for injunctive reliefs, specific performance and damages any other disputes arising in respect hereto shall be subject to exclusive jurisdiction of the Courts of Mumbai.
Should any provision of this Agreement be determined to be unenforceable and/or invalid, or any transaction contemplated hereby determined to be unlawful by any court of law, or competent government body for any reason, all other provisions shall continue (except if this Agreement stands terminated) in full force and effect.
We are a Reseller Only. BeyondEnough does not provide mobile service and is only a reseller of prepaid mobile services by telecommunications service providers or the providers of such prepaid recharge (the ‘Telco' or ‘Telcos') or other distributors or aggregators of such Telco's. BeyondEnough is not a warrantor, insurer, or guarantor of the services to be provided by the Telco's. Recharge sold by us to you is sold without recourse against us for any breach of contract by the Telco. Any disputes regarding the quality, minutes provided, cost, expiration, or other terms of the Recharge purchased must be handled directly between You (or th ... e recipient of the Recharge) and the Telco.
In order to use the Service, you may need to obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must have all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. BeyondEnough and/or the BeyondEnough business partner reserve the right to charge and recover from the User, fees for availing the Services. These changes shall be effective from the time they are posted on to the BeyondEnough Website or over the BeyondEnough business partner channel through which you are availing the Service. You are bound by such revisions and should therefore visit the BeyondEnough Website or check with the BeyondEnough business partner channel through which you are availing the Service to review the current fees from time to time. In the event that you stop or seek a reversal of the Payment Instructions as may have been submitted, BeyondEnough shall be entitled to charge and recover from you and you shall be liable to pay such charges to the Bill Payment Service as may be decided by BeyondEnough. These charges shall be charged on to your designated Payment Account or in any other manner as may be decided by BeyondEnough. BeyondEnough offers a convenient and secure way to make payments towards identified Biller(s) using a valid Payment Account. Depending upon the BeyondEnough business partner through whom the Service is availed by you (i) the specific features of the Service may differ (ii) the number of Billers available over the Service can differ (iii) the type and range of Payment Accounts that can be used to issue a Payment Instructions can differ and (iv) the modes/devices over which the Service can be accessed can differ; and (v) the charges, fees for availing the Service or any aspect of the Service can differ. Specific details related to these aspects would be available with the BeyondEnough business partner or the channel over which the Service is being availed. From time to time, BeyondEnough, at its sole discretion, can add to or delete from such list of Billers or types of Payment Accounts that can be used in respect of making payments to a Biller. In any event (i) the type and range of Payment Accounts that can be used for making payments may differ for each Biller depending on Biller specifications (ii) there may be an additional fees/charge when using certain types of Payment Accounts in respect of a Biller; and (iii) the terms upon which a payment can be made to a Biller can differ depending on whether a Card or a Bank Account is used to issue the Payment Instruction. Further depending on the specific facilities allowed by a BeyondEnough business partner, payments to a Biller can be made either (a) by issuing a Payment Instruction for an online debit/charge to a Payment Account; or (b) by scheduling an automated debit to a Payment Account. In using the Bill Payment Service, you agree to:
- Provide true, accurate, current and complete information about yourself (“Registration Data”), your Payment Account details (“Payment Data”), your Biller details (“Biller Data”) and
- Maintain and promptly update the Registration Data, Payment Data and Biller Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BeyondEnough has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BeyondEnough has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). The term biller includes telecom operators.
BeyondEnough assumes no responsibility and shall incur no liability if it is unable to affect any Payment Instruction(s) on the Payment Date owing to any one or more of the following circumstances:
- If the Payment Instruction(s) issued by you is/are incomplete, inaccurate, invalid and delayed.
- If the Payment Account has insufficient funds/limits to cover for the amount as mentioned in the Payment Instruction(s)
- If the funds available in the Payment Account are under any encumbrance or charge.
- If your Bank or the NCC refuses or delays honoring the Payment Instruction(s)
- If payment is not processed by biller upon receipt.
- Circumstances beyond the control of BeyondEnough (including, but not limited to, fire, flood, natural disasters, bank strikes, power failure, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force)
In case the bill payment is not effected for any reason, you will be intimated about the failed payment by an e-mail
Coupon redemption is purely subjected to standard and specified terms and conditions mentioned by the respective retailer. Coupons are issued on behalf of the respective retailer. Hence, any damages, injuries, losses incurred by the end user by using the coupon is not the responsibility of BeyondEnough. Total cashback for a user cannot be more than 50% of his payments or Rs 10,000, whichever is higher. This main T&C of BeyondEnough supersedes any offer related to BeyondEnough.
BeyondEnough is the provider of online Marketplace Service, where branded merchandises are displayed online by the various registered merchants (Merchants) for sale and you can purchase the same subject to the terms and conditions contained herein. Online Market Place Services are offered to you through various modes including issue of coupons & vouchers and through various Sites. The actual contract for sale is directly between the Merchant and you. BeyondEnough provides the services of listing catalogs, pricing, shipping, etc. which is informational and it is up to you to follow it or not. BeyondEnough may help facilitate the res ... olution of disputes through various modes; BeyondEnough has no control over the existence, quality, safety or legality of items displayed; the accuracy of third party content or listings; the ability of sellers to sell items; the ability of buyers to pay for items. BeyondEnough does not at any point of time during any transaction between buyer and seller, take the ownership of any of the goods offered by seller nor does it at any point asserts any rights or claims over the goods or services offered by seller to buyer. In using the online Market Place Service, you explicitly agree and acknowledge that:
- BeyondEnough, through its Site also makes available a variety of branded products/ services offered by its Merchant partners. Purchase of such products will be subject to the terms of offer for sale and such other additional terms, if any, as specified by the Merchant partner.
- BeyondEnough may offer delivery services for some of the products on the Website as per the company's policy, which may be changed by BeyondEnough without any notice to you.
- BeyondEnough is not a warrantor of the products/ services being offered on BeyondEnough by various Merchants. You understand that any issue or disputes regarding the warranty, guarantee, quality, and service will be addressed either by the manufacturer/ service provider or the Merchant and you agree to handle such issues and disputes directly between you and the Merchant/ Manufacturer. All the Products are governed by the terms of warranties provided by the respective manufacturer/ brands. However, in case any product is covered under seller (Merchant) warranty, it shall be specifically mentioned under the product details. You acknowledge that BeyondEnough gives no guarantee, either express or implied, regarding the Product bought by you or for the use or availability of online Market Place Service.
- The price of products offered on the Website is including MRP, Retail Price, Sell Price, Discounted Price is offered by our Merchant partner. BeyondEnough may at its discretion offer marketing promotion benefits by way of gift coupons, cash back, free gifts etc. on all or some of the products from time to time.BeyondEnough is not liable for any manufacturing defect, faulty product received, warranty claims, after sales service for any of the products purchased on the platform. BeyondEnough is not linked with any warranty, guarantee, post sale claims, genuineness of products or brand as it is just a platform that facilitates sales for its Merchant partners. BeyondEnough will make best efforts to assist customers in issue resolution including refund or arranging replacement but it will not bear the risk from legal claims for any misrepresentation or selling of wrong product.
- The Website makes available general third party information such as, product catalogues, lists of authorized dealers and reports on news, entertainment, technology and features, advertisements, images and photographs of the products and other data from external sources (“Third Party Content”). Similar Third Party Content would also be available to you on the email received by you from BeyondEnough. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to you is obtained from sources believed to be reliable. BeyondEnough does not provide any guarantee with respect to any the Third Party Content and BeyondEnough shall not be held liable for any loss suffered by you based on your reliance on or use of such data.
Cancellation by BeyondEnough: There may be certain orders that BeyondEnough Merchant partners are unable to accept and service and these may need to be cancelled. Some situations that may result in your order being cancelled include, non-availability of the product or quantities ordered by you, non- availability of the delivery service in the address to which product is required to be shipped, inaccuracies or errors in pricing information specified by our Merchant partners, or problems identified by BeyondEnough's credit and fraud avoidance department. BeyondEnough may also require additional verifications or information before accepting any order. BeyondEnough will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card or bank account has been charged, the said amount will be reversed back in your credit card / bank account. A promo code, once used shall not be refunded in case of cancellation of order either by Customer or BeyondEnough.
Cancellation by the User: In case of requests for order cancellations, BeyondEnough reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if BeyondEnough receives a cancellation notice and the order has not been processed/ approved by BeyondEnough, BeyondEnough shall cancel the order and refund the entire amount to you instantly. BeyondEnough will not be able to cancel orders that have already been processed. BeyondEnough has the full right to decide whether an order has been processed or not. You agree not to dispute the decision made by BeyondEnough and accept BeyondEnough's decision regarding the cancellation. In cases where it is not possible to cancel orders since they have already been shipped refund shall be made subject to the returns process post return request is raised and you would get replacement or refund once the original item is back with the Merchant partner in good sale-able condition.
BeyondEnough reserves the right to cancel any orders that classify as ‘Bulk Order' as determined by BeyondEnough as per certain criteria. Any BeyondEnough Promo Code used for placing the ‘Bulk Order' will not be refunded as per this cancellation policy. An order can be classified as ‘Bulk Order' if it meets with the below mentioned criteria, which may not be exhaustive, viz:
- Products ordered are not for self-consumption but for commercial resale
- Multiple orders placed for same product at the same address
- Bulk quantity of the same product ordered
- Invalid address given in order details
- Any malpractice used to place the order
Delivery of the Product:
Your shipping address, pin code will be verified with the database of BeyondEnough before you proceed to pay for your purchase. In the event your order is not serviceable by our delivery partners or the Merchant or the area is not covered, we would request you to provide us with an alternate shipping address which we expect to have on our partner/Merchant's delivery list. In case there is any dispute regarding the shipment of the product or services for the area not covered by BeyondEnough, in such cases BeyondEnough will not be responsible for the non-delivery of the product. BeyondEnough doesn't deliver items internationally. However, you can make purchases on the Site from anywhere in the world but at the same time ensuring the shipping address is within India.In case you book multiple orders for the Products and Services in one transaction, BeyondEnough would endeavor to ship all Products together. However, this may not always be possible due to some product characteristics or logistics' issues. If you purchase multiple Products in single transaction, then all the Products would be dispatched to a single shipping address given by you. If you wish to ship Products to different addresses, then you should book the orders separately based on the delivery addresses.
- In the event you receive a damaged / defective product or a product that does not comply with the specifications as per your original order, you are required to get in touch with the customer service team.
- Upon receiving your complaint, BeyondEnough shall verify the authenticity and the nature of the complaint. If BeyondEnough is convinced that the complaint is genuine, BeyondEnough will inform the relevant Merchant of such complaint and request for a replacement. However, in the event of frivolous and unjustified complaints regarding the quality and content of the products, BeyondEnough reserves the right to pursue necessary legal actions against you and you will be solely liable for all costs incurred by BeyondEnough in this regard. You expressly acknowledge that the Merchant selling the defective product/ service will be solely responsible to you for any claims that you may have in relation to such defective product/ service and BeyondEnough shall not in any manner be held liable for the same.
- Before accepting shipment of any product, kindly ensure that the product's packaging is not damaged or tampered. If you observe that the package is damaged or tampered, request you to refuse to accept delivery and inform BeyondEnough at the earliest. The return process of the product may be restricted by BeyondEnough depending on the nature and category of the product.
- In order to return any products sold through the Website, you are required to comply with the below mentioned conditions, viz:
- For non damaged/ non defective product/service, you shall be allowed to return the product within the time frame displayed on website at the time of purchase.
- Please notify BeyondEnough of receipt of a damaged/ defective product/service within 48-hours of delivery to you. If you are unable to do so within 48-hours, BeyondEnough/Merchant/manufacturer/service provider shall not be held liable for the failure to replace the order
- BeyondEnough will arrange pick-up of the damaged/defective product through its own logistics partner. In the event BeyondEnough is unable to do so, BeyondEnough will notify you regarding the same and you will be required to dispatch the product using a reputed courier in your respective area within one (1) day from receipt of such notice. Courier freight charges will be reimbursed in such form as is determined by the logistics team upon prior consultation with BeyondEnough
- Products should be returned in their original packaging along with the original price tags, labels, barcodes, user manual, warranty card and invoices etc.
- It is advised that the return packets should be strongly and adequately packaged so that there is no further damage of products during transit
- The returned products are subject to verification and checks by BeyondEnough in order to determine the legitimacy of the complaint/ return.
- In the event the return of a product is duly accepted by BeyondEnough, the value of such product, as originally paid by you during acceptance of delivery of product or otherwise, will be refunded to you. Refund will be processed based on the mode of payment and BeyondEnough will credit your refunds directly into BeyondEnough Wallet account. Refunds will be subject to the following:
- Orders paid online will be refunded instantly through the BeyondEnough Wallet
- For Cash on Delivery payments also the amount will be refunded into your BeyondEnough Wallet.
- You can trigger a request in your BeyondEnough Wallet to transfer the money from your BeyondEnough Wallet to the Bank. It will take 3-21 days for the money to show in your bank account depending on your Bank's policy.
- A promo code, once used shall not be refunded in case of cancellation of order either by customer or BeyondEnough.
- BeyondEnough offers hassle-free returns to simplify returns for buyers and sellers. The cost of return shipping for an item that is not as described is the seller's responsibility. You also authorize BeyondEnough to place the return shipping label costs on your invoice, subject to your automatic payment method on file.
Use of Information:
We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or prerecorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes. By accepting the terms and conditions the you accept that BeyondEnough may send the alerts to the mobile phone number/ email provided by you while registering for the Service or to any such number replaced and informed by you.
While We try to offer reliable data, We cannot promise that the catalogs will always be accurate and up-to-date, and you agree that you will not hold our catalog providers or us responsible for inaccuracies in the catalogs. The catalog may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogs or create any derivative works based on catalog content
Limitation of liability and waiver:
Notwithstanding anything to the contrary contained herein, neither ITailing nor its affiliated companies, subsidiaries, officers, directors, employees or Merchants or any related party shall have any liability to you or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these terms, the site or the offerings, even if any of said parties had been advised of, knew of, or should have known of the possibility of such damages. To the maximum extent permitted by law, our maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or other tort, breach of contract, violation of statute, misrepresentation or for any other reason), will at all times be limited to INR one hundred (INR 100). To the maximum extent permitted by law, you waive, release, discharge and hold harmless ITailing, its affiliated and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of the online Market Place Service.
Jurisdiction and dispute resolution:
These terms shall be governed by, and construed in accordance with, the laws of India, without reference to principles of conflicts of law. The parties agree that the courts of New Delhi shall have exclusive jurisdiction over any dispute arising from or relating to these Terms, the Platform/Network or the Site. You expressly consent to the personal jurisdiction of said courts and waive any objection to such personal jurisdiction based on forums non convenience or any other basis.
- BeyondEnough* is only a bus ticket agent. It does not operate bus services of its own. In order to provide a comprehensive choice of bus operators, departure times and prices to customers, it has tied up with many bus operators and service providers.
- BeyondEnough's advice to customers is to choose bus operators they are aware of and whose service they are comfortable with.
- BeyondEnough's responsibilities include:
- Providing refund and support in the event of cancellation.
BeyondEnough's responsibilities do not include:
- The bus operator's bus not departing / reaching on time.
- The bus operator's employees being rude.
- The bus operator's bus seats etc not being up to the customer's expectation.
- The bus operator canceling the trip due to unavoidable reasons.
- The baggage of the customer getting lost / stolen / damaged.
- The bus operator changing a customer's seat at the last minute to accommodate a lady / child.
- The customer waiting at the wrong boarding point (please call the bus operator to find out the exact boarding point if you are not a regular traveler on that particular bus).
- The bus operator changing the boarding point and/or using a pick-up vehicle at the boarding point to take customers to the bus departure point
- The arrival and departure times mentioned on the ticket are only tentative timings. However the bus will not leave the source before the time that is mentioned on the ticket.
- Passengers are required to furnish the following at the time of boarding the bus:
- A copy of the ticket (A print out of the ticket or the print out of the ticket e-mail).
- Identity proof (Driving license, Student ID card, Company ID card, Passport, PAN card or Voter ID card). Failing to do so, they may not be allowed to board the bus.
Change of bus:
- In case the bus operator changes the type of bus due to some reason, BeyondEnough will refund the differential amount to the customer upon being intimated by the customers in 24 hours of the journey.
- Read the ticket cancellation policy carefully. Tickets will be cancelled as per the cancellation policy mentioned with the ticket . The transaction charges will not be refunded in the event of ticket cancellation
- Refund policy mentioned on the ticket is indicative. The actual cancellation charges are determined by bus operators and bus providers at the actual time of cancellation. BeyondEnough has no role in governing the cancellation charges.
- Cancellation charges are calculated on the actual fare of the ticket. If any discount coupons are used while purchasing the ticket, the discounted value would be used to calculate the refund amount when a ticket is cancelled.
- In case a booking confirmation e-mail and sms gets delayed or fails because of technical reasons or as a result of incorrect e-mail ID / phone number provided by the user etc, a ticket will be considered ‘booked' as long as the ticket shows up on the confirmation page of BeyondEnough.in
Amenities for this bus as shown on Beyond Enough have been configured and provided by the bus provider (bus operator). These amenities will be provided unless there are some exceptions on certain days. Please note that BeyondEnough provides this information in good faith to help passengers to make an informed decision. Provision of video, air conditioning and any such other services mentioned by BeyondEnough's travel partners in the buses is their own responsibility. Any refunds / claims due to non-functioning or un-availability of these services needs to be settled directly with the bus service provider.