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Terms of Services

Terms & Conditions and Privacy policy

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U74995KA2016PTC094578

TERMS AND CONDITIONS

 

Last updated:01-10-2020

These Terms of Use (/Terms/) govern the access or use by you, an individual, from within India of applications, websites, content, products, and services (the
/Services/) made available by Beacons light Sales and services private limited, having its registered office at No:118, 3rd cross, Amar layout, DJ Halli, Bangalore 560045 (/Beaconslight/).

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

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Beaconslight. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior written agreements with you.

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

www.beaconslight.in (“Website”) is an internet based portal owned and operated by Beaconslight Sales and services private limited, a company incorporated under company act 2013, with its registered office at​ No 118​, 3rd cross, amar layout, Bangalore, Karnataka, India 560045 and having CIN U74995KA2016PTC094578. Use of the Website is offered to You conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by Beaconslight at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service

Beaconslight shall not be required to notify You, whether as a registered user or not, of any changes made to the Terms of Use. The revised Terms of Use shall be made available on the Website. Your use of the Website and the Services is subject to the most current version of the Terms of Use made available on the Website at the time of such use. You are requested to regularly visit the home page

www.beaconslight.in to view the most current Terms of Use. You can determine when Beaconslight last modified the Terms of Use by referring to the “Last Updated” legend above. It shall be Your responsibility to check these Terms of Use periodically for changes. Beaconslight may require You to provide Your consent to the updated Terms of Use in a specified manner before prior to any further use of the Website and the Services is provided on the Website. If no such separate consent is sought, Your continued use of the Website, following changes to the Terms of Use, will constitute Your acceptance of those changes.

By using this Website or any facility or Service provided by this Website in any way; or browsing the Website, You agree that You have read, understood and agreed to be bound by these Terms of Use and the Website’s Privacy Policy available at the homepage,

www.beaconslight.in

.

The Website is a platform that facilitates the online sale and purchase of products and services offered by Beaconslight’s various affiliate/ registered merchants/ vendors/service providers. Beaconslight website is a platform to connect buyers and sellers to avail  various products and services.                      

The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Beaconslight system by Beaconslight for any reason whatsoever. If You do not conform to the above qualification, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the Services provided by Beaconslight through Your legal guardian in accordance with the applicable laws.

Beaconslight reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

Beaconslight makes the Services available to You through the Website only if You have provided Beaconslight certain required User information and created an account (“Account”) through Beaconslight ID and password or other log-in ID and password, which can include a facebook, gmail, yahoo ID or any other valid email ID(collectively, the “Account Information”). The Services may also be subject to procedures for use of the Website,  Terms of Offer For Sale, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any (“Additional Terms”). If there is any conflict between the Terms of Use and the Additional Terms, the Additional Terms shall take precedence in relation to that service.

The Website requires You to register as a User by creating an Account or required details in order to avail of the Services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Beaconslight of any unauthorized use of Your Account or required Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Beaconslight cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 4.2. You may be held liable for losses incurred by Beaconslight or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential. Beaconslight strives to provide You with the best prices possible on products and services You buy or avail of from the Website.

You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. Beaconslight expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.

Beaconslight shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by Beaconslight with our acquiring bank from time to time.

You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by Beaconslight. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

If Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensice and in accordance with applicable laws. Further, You undertake not to:

Defame, abuse, harass, threaten or otherwise violate the legal rights of others;

Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;

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

Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;

Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);

Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Beaconslight server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;

Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of BEaconslight, including any Beaconslight Account or data not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;

Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;

Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.

Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website;

Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Beaconslight or other third parties;

Conduct or forward surveys, contests, pyramid schemes or chain letters;

Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

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

Violate any applicable laws or regulations for the time being in force within or outside India;

Violate the  Terms of Use  including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere; and

Reverse engineer, modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.

You agree and acknowledge that Beaconslight is not the seller of the products and the services and Beaconslight shall in no manner be deemed to be the seller of the products or services on this Website. Beaconslight is only facilitating purchase of the products or services by You from the vendor by providing the Services to You

Please remember that any provider of goods or services is entitled to register with Beaconslight. Beaconslight does not examine whether the advertisers are good, reputable or quality sellers of goods / service providers. You must satisfy yourself about all relevant aspects prior to availing of the terms of service. Beaconslight has also not negotiated or discussed any terms of engagement with any of the advertisers. The same should be done by you. Purchasing of goods or availing of services from advertisers shall be at your own risk.

The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The product catalogues or any other materials available on the Website may be copied or retransmitted unless expressly permitted by Beaconslight.

You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website

Beaconslight will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the website or any services or materials, either with or without your knowledge. Beaconslight has endeavored to ensure that all the information on the website is correct, but Beaconslight will neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Beaconslight shall not be responsible for the delay or inability to use the website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. further, Beaconslight shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Beaconslight’s control. the user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Beaconslight is not responsible for any typographical error leading to an invalid coupon. Beaconslight accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.

You agree to indemnify, defend and hold harmless Beaconslight including but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Beaconslight that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use. Further, You agree to hold Beaconslight harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.

In no event shall Beaconslight its officers, directors, employees, partners or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Beaconslight has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or materials.

You agree that Beaconslight may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if Bro4u determines that You have violated these Terms of Use or Additional Terms. You also agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Bro4u, for which monetary damages would be inadequate, and You consent to Bro4u obtaining any injunctive or equitable relief that Bro4u deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Bro4u may have at law or in equity.

Beaconslight may also terminate or suspend all or a portion of Your account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Services.

You agree that all terminations shall be made in Beaconslight’s sole discretion and that Beaconslight shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.

These Terms of Use and all transactions entered into on or through the Website and the relationship between You and Beaconslight shall be governed in accordance with the laws of India without reference to conflict of laws principles.

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Beaconslight in respect of the Website. You further consent that the terms and contents of such Privacy Policy are acceptable to You.

You hereby expressly agree to receive communications by way of SMS, e-mails from Beaconslight relating to Services provided through the Website.

Any feedback You provide to this Website shall be deemed to be non-confidential. Beaconslight shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Beaconslight is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Beaconslight may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Beaconslight for the feedback under any circumstances.

These Terms of Use (/Terms/) govern the access or use by you, an individual, from within India of applications, websites, content, products, and services (the
/Services/) made available by Beacons light Sales and services private limited, having its registered office at No:118, 3rd cross, Amar layout, DJ Halli, Bangalore 560045 (/Beaconslight/).

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

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Beaconslight. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior written agreements with you.

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

MODIFICATIONS TO TERMS OF USE AND/OR PRIVACY POLICY

Beaconslight reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and Beaconslight will post the amended Terms of Use at the domain of www.beaconslight.in/Terms . It is your responsibility to review the Terms of Use for any changes and you are encouraged to check the Terms of Use frequently. Your use of the Website following the date that amendments to the Terms of Use take effect will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website

PRIVACY POLICY

Beaconslight has established a Privacy Policy that explains to users how their personal information is collected and used.

Beaconslight may disclose users’ personal information to third parties. Beaconslight may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a third party and such information or data is necessary to resolve the complaint, dispute or conflict. Beaconslight may also provide to a law enforcement agency, statutory body, governmental agency and/or investigative agency any necessary information (including your contact information) if required by law or in furtherance of any investigation involving you and a third party and such information or data is necessary towards the enquiry/investigation that is being carried out by the said body and/or agency as the case may be.

The Privacy Policy is hereby incorporated into the Terms of Use set forth herein. Your use of this Website is governed by the Privacy Policy.

The Privacy Policy is located at: Privacy Policy. The Privacy Policy contains information about how users may seek access to and correction of their personal information held by Beaconslight and how they may make a privacy complaint.

The Services

Beaconslight will provide the Services to you under this Agreement. The Services constitute the provision of a technology platform that enables you, as an independent third party provider (/ Service Partner/) access to and use of Beaconslight’ s mobile applications or websites (each, an /Application/ collectively /BL Platform/) to: (a) arrange and schedule delivery of services with end-users of those services, who have an agreement with Beaconslight or its affiliates (/Users/); (b) determine the amount to be paid by the Users to you for the services provided by you; (c) determine the maximum and efficient utilization of your time while using the Services; (d) take measures to maximize your earning potential through use of the Services; and (e) facilitate receipt of payments from Users for services offered by you via the BL Platform and generation of receipts for those payments.

No Employment

The Services are made available solely for your commercial use, unless Beaconslight has agreed with you otherwise in a separate agreement. You acknowledge that there is no contract of employment between yourself and Beaconslight and that you will provide your services as an independent contractor. Further, no agency, partnership or joint venture is created as a result of these Terms or your provision of services to Users. You will not seek and Beaconslight will not provide any supervision, directions or control over the individual services that you offer to Users. You will obtain and possess at your own cost and at all times, while accessing and using the Services, the necessary approvals/licenses/tax registrations required to offer your services to Users. You have no authority to bind Beaconslight in any respect. You further acknowledge that Beaconslight does not provide any of the services that you offer to Users via the BL Platform and that Beaconslight does not function as a provider of the particular services that you are offering to Users via the BL Platform. Beaconslight only seeks to provide the BL Platform wherein you and Users can be brought together and has no role in the execution or provision of the services you provide to Users. You are solely responsible for the services that you provide to the Users.

Beaconslight accepts liability for the Services and Application that it provides to you subject to these Terms. License.

Subject to your compliance with these Terms, Beaconslight grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your commercial use. Any rights not expressly granted herein are reserved by Beaconslight and Beaconslight’ s licensors.

Restrictions.

You may not: (i) remove any copyright, trade mark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Beaconslight; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Ownership.

The Services and all rights therein are and shall remain Beaconslight’s property or the property of Beaconslight’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Beaconslight’s company names, logos, product and service names, trademarks or services marks or those of B’s licensors (/Marks/).

Your use of the Services Accounts

You must be at least 18 years of age, to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to Beaconslight certain personal information, such as your name, address, mobile phone number and age, as well as valid government issued identification and trade licenses (if applicable), government approvals allowing you to offer your services, and/or requisite tax registrations. You agree to maintain accurate, complete, and up-to-date information in your Account at all times and you acknowledge that failure to do so shall result in your access to the Services being suspended without notice to you.

No person other than yourself has the right to access your account. You agree and acknowledge that you will not allow any other person to access and use your account and that you will not share your login credentials (i.e. your user name and password) with any other person. If it is reasonably suspected by Beaconslight that you have shared your login credentials or allowed a person other than yourself to access and use your Account, your access to the Account will be suspended without notice to you. In cases where it is established that you have allowed a person other than yourself to access and use your Account, these Terms will stand terminated and your access to the Services will be permanently revoked without notice to you.

You may only possess one Account. If it is found that you possess multiple Accounts on the BL Platform, your access to all Accounts on the BL Platform will be permanently revoked without notice.

You hereby expressly acknowledge and agree that you and not Beaconslight will be liable for your losses and damages (whether direct or indirect) caused by
an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Beaconslight or others due to such unauthorized use.

You acknowledge that your continued use of the Services is subject to you maintaining a minimum ratings threshold. The ratings threshold for your particular category and your particular city will be communicated to you either through the Beaconslight Platform or via text message or by an Beaconslight employee in your city. If your ratings fall below the minimum threshold your access to the BL platform will be temporarily blocked. In the event your ratings fall below the prescribed threshold and your access to the Services is temporarily blocked, you will be required to attend a training session to reactivate your access to the Services.

Text Messaging.

By creating an Account, you agree that the Services may send you text messages as part of the normal business operation of your use of the Services. You consent to receiving such text messages and acknowledge that any steps taken by you to not receive such text messages will affect your use of the Services.

Lead Fee.

You are required to pay a fee (/Lead Fee/) to Beaconslight in order to be able to accept requests made by Users (/Leads /) for your services. The details required to connect with a User will only be communicated to you after the Lead Fee is paid to Beaconslight. The quantum of the Lead Fee will be based on the aggregate value of the Lead. Lead Fee may be charged as a percentage of the aggregate value of Lead or as a fixed sum. The quantum of the Lead Fee for the particular services offered by you to the User will be communicated to you from time to time or before the communication of a Lead.

Further, to be able provide a lower Lead Fee to you, and to be able to provide you with adequate Leads, Beaconslight will provide you with a calendar on the BL Platform. You will be required to indicate your proposed availability during a given calendar month on the calendar provided via the BL Platform. This will enable Beaconslight to determine the most efficient manner in which to send Leads to you.

If a User cancels a request for your services after acceptance of the said request by you and payment of the Lead Fee, the Lead Fee will be refunded to you. The Lead Fee may also be refunded to you in cases where the User is not available at the location at or the time for, which the service request is placed.

If you cancel a request placed by a User after accepting such a request, Beaconslight shall be at liberty to determine whether or not to refund the Lead Fee to you. You agree that in cases where Beaconslight determines that the Lead Fee is not required to be refunded to you due to your cancellation of an accepted request placed by a User, you will relinquish the right to make any claims for refund of the Lead Fee.

Account Credits.

You will, at all times, be required to maintain a minimum Advance balance in your Account with Beaconslight to be able to accept service requests placed by Users via the BL Platform. You may further use BL advance amount to purchase Leads, goods and service offered by Beaconslight to you from time to time. You agree and acknowledge that your use of the Services may be affected if you do not have the requisite Advance balance in your Account. Advance balance with Beaconslight will be credited to your Account against payment being made by you to obtain the Advance amount.

To ensure maintenance of the deposit (as mentioned in the preceding paragraph) you acknowledge and authorize Beaconslight to deduct certain amounts from the payments made by the Users to you. The deductions in this regard will be subject to a maximum of INR 10,000 (Rupees Ten Thousand).

To facilitate the payment by the User through the BL Platform, you will be charged a transaction fee by Beaconslight. All payments made by Users will be made to you net of the said transaction fee.

You, additionally, acknowledge and authorize Beaconslight to deduct relevant amounts towards payment of equated monthly instalments to be paid to Non-Banking Financial Companies (/NBFCs/) when loans have been availed by you from such NBFCs for the purposes of offering services on the Beaconslight platform. You also acknowledge and authorize Beaconslight to deduct payments towards advances made by Beaconslight to you for the use of the Beaconslight platform. All payments made by Users will be made to you net of the said deductions.

Beaconslight from time to time in in its own discretion may issue Advance amount, free of charge, (/Promo BL  Amount/) to your Account and/or may create promotional codes that may be redeemed for Account advance, or other features or benefits related to the Services subject to any additional terms that Beaconslight establishes. You agree that all Promo of Beaconslight: (i) may not be duplicated, sold or transferred in any manner, or made available to any person other than yourself: (ii) may be disabled by Beaconlsight at any time for any reason without liability to Beaconslight; (iii) are not valid for cash: and (iv) may expire prior to your use.

Beaconslight reserves the right to withhold or deduct Advance amount or Promo BL Advance amount in the event that Beaconslight reasonably determines or believes that the use of the Advance amount or Promo Advance amount was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

Service Partner Provided Content

Beaconslight may, in Beaconslight’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Beaconslight through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (/Service Partner Content/). Any Service Partner Content provided by you remains your property. However, by providing Service Partner Content to Beaconslight, you grant Beaconslight a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Service Partner Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Beaconslight’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all Service Partner Content or you have all rights, licenses, consents and releases necessary to grant Beaconslight the license to the Service Partner Content as set forth above; and (ii) neither the Service Partner Content nor your submission, uploading, publishing or otherwise making available of such Service Partner Content nor Beaconslight’s use of the Service Partner Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide Service Partner Content that is defamatory, libelous, hateful, racist, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Beaconslight in its sole discretion, whether or not such material may be protected by law. Beaconslight may, but shall not be obligated to, review, monitor, or remove Service Partner Content, at Beaconslight’s sole discretion and at any time and for any reason, without notice to you.

Network Access and Devices.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Beaconslight does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Payment

After you have delivered your services to the Users through your use of the Service, Beaconslight will facilitate the payment of the applicable amount to be paid by the User to you as your limited payment collection agent. Payment of the amount payable by the User in such manner shall be considered the same as payment made directly by the User to you. Such payments will be inclusive of applicable taxes where required by law. Amounts paid by the User to you are final and non-refundable, unless otherwise determined by Beaconslight.

You retain the right to receive a lower amount as final payment towards the delivery of services by you to a User. Beaconslight will respond accordingly to any request from you to modify the amount to be paid by a User for a particular service delivered by you to the said User.

You agree and acknowledge that the amount to be paid by a User for the services offered by you may vary based on geographical areas, population density, time periods, demand, weather and traffic conditions, local or national holidays, particular days of the week and other factors that might be determined by Beaconslight from time to time.

This payment structure and determination of the amounts to be paid by the Users to you is intended to fully compensate you for the services provided by you to the User. Beaconslight does not designate any portion of the payment received by you as a tip or gratuity from the User. Any representation by Beaconslight on the Beaconslight Platform to the effect that tipping is /voluntary,/ /not required,/ and/or /included/ in the payments made for services provided is not intended to suggest that Beaconslight provides any additional amounts, beyond those described above. You understand and agree that, while Users are free to provide additional payment as a gratuity to you, the Users are under no obligation to do so. Gratuities are voluntary.

Beaconslight will, on your behalf, generate an invoice for the services provided by you to the User. The invoice will be raised in your name and sent to the User via the BL Platform and/or any other mode of communication.

Taxes

You understand that Beaconslight is acting solely as an intermediary for the collection of payments and fees between Users and you. State and local tax laws vary significantly by locality and you, therefore, understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors. Beaconslight cannot and does not offer tax advice to you. Further, you understand that Beaconslight shall not be responsible or liable in any manner in relation to tax liability that you may incur.Beaconslight shall pay taxes under Section 9(5) of Central Goods and Services Tax Act, 2017, on your behalf. Additionally, any other applicable taxes (whether direct or indirect) that are liable to be deducted on your behalf will be done so by Beaconslight and the payment due to you from the Users will be net of such deductions towards applicable taxes.

No Discrimination.

Beaconslight prohibits discrimination against other service providers or users based on race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable law. Such discrimination includes, but is not limited to, any your refusal to provide services based on any of these characteristics. If it is found that you have violated this prohibition you will lose access to the Beaconslight platform. Applicable laws in certain jurisdictions may require and/or allow the provision of services by and for the benefit of a specific category of persons. In such jurisdictions, services provided in compliance with these laws and the relevant applicable terms are permissible.

Suspension and Termination

Beaconslight may restrict you from accessing or using the Services, or any part of them, immediately, without notice, in circumstances where Beaconslight reasonably suspects that:

  • you have, or are likely to, breach these Terms; and/or
  • you do not, or are likely not to, qualify, under applicable law or the standards and policies of Beaconslight and its affiliates, to access and use the Services.

Beaconslight may terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof:

  • immediately, where Beaconslight reasonably suspects that:
  • you have, or are likely to, materially breach these Terms; and/or
  • you do not, or are likely not to, qualify, under applicable law or the standards and policies of Beaconslight and its affiliates, to access and use the Services; or
  • where Beaconslight, acting reasonably, terminates these Terms or any Services for any legitimate business, legal or regulatory reason.

Without limiting its other rights under these Terms, Beaconslight may immediately restrict or deactivate your access to the Services if you breach the Privacy Policy and/or Community Guidelines (where applicable) at any time.

You may terminate these Terms at any time, for any reason by informing Beaconslight either in writing or by visiting Beaconslight’s local city office of your decision to terminate.

 

Effect of Termination

Upon termination of these Terms, your right to participate in the BL Platform, including, but not limited to, your right to offer or purchase services and your right to receive any fees or compensation, including, without limitation, referral discounts, incentive bonuses, or other special offer rewards, shall automatically terminate. In the event of termination, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the Beaconslight system.

Upon termination, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of Beaconslight data, Marks and other content in your possession or control. You further acknowledge and agree that Beaconslight shall not be liable to you or any third party for any termination of your access to the BL Platform. Upon termination, Beaconslight retains the right to use any data collected from your use of the BL Platform for internal analysis and archival purposes, and all related licenses you have granted Beaconslight hereunder shall remain in effect for the foregoing purpose. In no event is Beaconslight obligated to return any Service Partner Content to you.

Any term which by its nature is intended to survive expiration or termination of these Terms shall survive expiration or termination of these Terms. Disclaimers; Limitation of Liability; Indemnity.

DISCLAIMER.

THE SERVICES ARE PROVIDED /AS IS/ AND /AS AVAILABLE./ TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEACONSLIGHT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, AND MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. BEACONSLIGHT DOES NOT GUARANTEE YOUR SAFETY WHILE DELIVERING SERVICE REQUESTS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Statutory Guarantees.

Beaconslight does not exclude, restrict or modify any liability that cannot be excluded, restricted or modified, or which cannot be excluded, restricted or modified except to a limited extent, as between Beaconslight and you by law. However, where such statutory provisions apply, to the extent to which Beaconslight is entitled to do so, Beaconslight’s liability will be limited at its option to:

(a) in the case of a supply of goods:

the replacement of the goods or supply of equivalent goods:

the payment of the cost of replacing the goods or acquiring equivalent goods;

the payment of the cost of having the goods repaired; or

the repair of the goods; and

(b) in the case of services:

the supply of the services again; or

the payment of the cost of having the services supplied again.

LIMITATION OF LIABILITY.

BEACONSLIGHT SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF BEACONSLIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BEACONSLIGHT SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITYTO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY USER, EVEN IF BEACONSLIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BEACONSLIGHT SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND BEACONSLIGHT’S REASONABLE CONTROL. IN NO EVENT SHALL BEACONSLIGHT’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED RS10,000.00 (RUPEES TEN THOUSAND).

BEACONSLIGHT WILL MAINTAIN A COMPLAINTS MANAGEMENT FRAMEWORK, AND WILL MANAGE THIS FRAMEWORK ON YOUR BEHALF, IN A REASONABLE WAY AND IN ACCORDANCE WITH APPLICABLE LAW.

Indemnity.

You agree to indemnify and hold Beaconslight and its affiliates and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services: (ii) your breach or violation of any of these Terms; (iii) Beaconslight’s use of your User Content: or (iv) your violation of the rights of any third party, including Users (/Losses/).

Your liability under this clause shall be reduced proportionately if, and to the extent that, Beaconslight directly caused or contributed to any such Losses. Dispute Resolution

There are a number of mechanisms available to you to resolve any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any / Dispute/). Beaconslight or its affiliate operates a complaints process to allow you to make complaints about Beaconslight or Users, and Beaconslight or its affiliate also manages refunds to you in relation to those complaints. Beaconslight or its affiliate will operate this complaints process in a reasonable manner.

To raise a dispute you may first contact an Beaconslight employee at your local city office. Alternatively you may also raise your Dispute through the helpline (/Partner Helpline/) provided for the recording and resolution of Disputes.

Disputes may also be raised during focus group discussions that are regularly organized in the cities in which Beaconslight operates.

You may use any of the above mechanisms to raise a Dispute to challenge or appeal against any decision that has been taken, with regard to your access to or use of the Services, by Beaconslight.

In the unlikely event that a Dispute raised by you is not resolved and you, these Terms shall be exclusively governed by and construed in accordance with the laws in force in India. In the event of an unresolved Dispute, the parties shall first attempt to amicably settle the dispute through Mediation. If the dispute between the Parties cannot be resolved through Mediation within a period of 45 days from the reference of the dispute to Mediation, the Parties may pursue final and binding arbitration or other alternative dispute resolution as agreed upon by the parties. Arbitration will be in accordance with the Arbitration and Conciliation Act, 1996 (as amended from time to time) and the arbitral tribunal will consist of three arbitrators – one each to be nominated by the parties and the third to be appointed on mutual agreement between the two arbitrators nominated by the parties. The seat and venue of the Arbitration shall be the city in which the dispute arises.

Any proceedings, including documents and briefs submitted by the parties, correspondence from a mediator, and correspondence, order and awards issued by an arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation set out in these Terms.

 

Other Provisions

Claims of Copyright Infringement

Claims of copyright infringement should be sent to No:118, 3rd cross, DJ Halli , Bangalore – 560045

Notice.

Beaconslight may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Beaconslight by written communication to 118, 3rd cross, DJ Halli , Bangalore  560045

Brand Collateral.

You can purchase Beaconslight Brand Collateral from Beaconslight. While it is not mandatory to do so, to promote trust and safety with Users it is advisable to purchase and use Beaconslight Brand Collateral while using the Services and fulfilling service requests placed by Users.

Use of recommended products.

Beaconslight will recommend certain products that need to be used by you to deliver services to the Users. This is to ensure your safety as well as that of the Users. Any deviation from the recommended list of products will entitle Beaconslight to take appropriate measures against you, including but not limited to reduction of credits from your Account, increase of Lead Price and any other measures that Beaconlsight acting reasonably deems fit and in the interest of maintaining the integrity of its business and the BL Platform.

General.

You may not assign or transfer these Terms in whole or in part without Beaconslight’s prior written approval (which will not be unreasonably withheld). You give your approval to Beaconslight for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Beaconslight’s equity, business or assets: or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Beaconslight or any User as a result of the contract between you and Beaconslight or use of the Services.

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms, including any incorporated policies, constitute the entire written agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous written agreements or undertakings regarding such subject matter.