Business Agreement

TERMS OF USE FOR BUSINESS ESTABLISHMENTS

Welcome to Bazooka: A platform to help business grow along with benefit of customers.

This document is an electronic record under Information Technology Act, 2000 and its terms and conditions shall be intimated to the (Business establishments) of Bazooka prior to entering into any transactions with them. Business establishments shall be informed of all the terms and conditions of the Bazooka scheme and shall come into force only after Business establishments of Bazooka give consent for using and registering them with the website/app of Bazooka, after reading and understanding this Terms of Use by signing the declaration on the Enrolment Form.

This Terms of Use contains the terms and conditions for the permitted activities authenticated by Bazooka for registered Business establishments. This website/app is only a platform where the Registered Business establishments shall list its discount offers on the website/app, and the buyers at the time of sale/purchase transaction of products/services, shall meet and interact with one another for obtaining/providing of discount offers, for mutual benefit. Bazooka has very limited role in this business activity and is strictly limited of being facilitator for smooth functioning of the scheme. Every business interested in participating shall have to provide necessary information to Bazooka to register its business in the first place with Bazooka website/app.

This document is an electronic record in terms of Information Technology Act, 2000 (“Act”) and rules framed thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures.

1. DEFINITIONS

  1. 1.1  App means the ‘Bazooka’ app published by Tradnix Global on play store as well as App Store which includes all on line platforms owned and operated by Bazooka for the facilitation of its services and for smooth functioning of its business.

  2. 1.2  Business Establishment means vendors/sellers who are registered with the Bazooka website/app who offer various kinds of discounts / offers on sale of their product and services on the website/app.

  3. 1.3  Coupon/Deal means discount/offers offered by the Business Establishments to Buyers/Customers.

  4. 1.4  Customer/Buyer means any person or legal entity competent to enter into contract as per Indian Contract Act, 1872 who avails the offers of various kinds of discount/offers issued by Business Establishments on the website/app of Bazooka.

  5. 1.5  Enrolment Form means the form signed by the Business Establishment for providing details requisite for the listing of the Business Establishment on the Bazooka website/app.

  6. 1.6  Fees of Bazooka means fees being charged from Business Establishments for subscription of using the Bazooka website/app for display of its Products/ Services.

  7. 1.7  Product and Services means goods or services sold/provided by the Business Establishments registered with Bazooka.

  8. 1.8  Registration means listing of Business Establishments on Bazooka website/app after providing details in the Enrolment Form for the purpose of registration and signing the declaration provided in the Enrolment Form.

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  1. 1.9  Seller/Vendor means the owner/authorized representative of Business Establishments who are competent to enter into a contract as per the Indian Contact Act, 1872.

  2. 1.10  Terms of Use means the terms and conditions (T&C) contained herein for using the website/app and terms and conditions of privacy policy issued from time to time by Bazooka website/app. All combined shall form part of this agreement even after they are amended, notated, supplemented, replaced, deleted and updated subsequently.

  3. 1.11  Territory means the Republic of India.

  4. 1.12  Transactionmeans a bipartite transaction of sale between the Seller/Vendor and

    Customer/Buyer for selling/purchasing of Products/ Services.

1.13

2. TERMS AND CONDITIONS

  1. 2.1  The Seller/Vendor agrees that as a Business Establishment of Bazooka, he shall not close/transfer/sell/assign his business to any other person during this agreement’s period without written intimation to Bazooka. In case of such an event, Bazooka needs to to intimated through email.

  2. 2.2  The Seller/Vendor agrees that he shall be responsible for maintaining the confidentiality of Seller panel (if provided) and the information provided therein and he shall not disclose or part with such information which comes into his possession during his dealing with Bazooka to a third party or shall not disclose the internal processes and working of the app.

  3. 2.3  Seller/Vendor agrees that in case of breach of any conditions of this agreement, Bazooka shall have the authority and power to suspend the listing of the Business Establishment and terminate his agreement with Bazooka without assigning any reasons.

  4. 2.4  Seller/Vendor agrees that he shall provide details of all his product/service and also the details of various discount/offers he has declared for the benefit of customers under the Bazooka website/app. He shall provide accurate and complete product information and also provide accurate and complete details of offers/discount, in the Enrolment Form, to be made available to the customers on the website/app of Bazooka. Seller/Vendor agrees to keep this information updated from time to time without any failure to avoid unnecessary complications.

  5. 2.5  Seller/Vendor agrees that he shall provide complete accurate and appropriate details of all time slots available during the business hours. Seller/Vendor agrees to provide the updated information of these time slots for the Bazooka website/app from time to time without any failure to avoid unnecessary complications.

  6. 2.6  Seller/Vendor agrees that any discount/offers/deals made by him falling within the validity period shall be honored without any demur on presentation by customer for redemption.

  7. 2.7  Seller/Vendor agrees that in case of not honoring the discount/offers as mentioned by him in the coupons, Tradnix Global/Bazooka shall not be liable for any legal consequences that may follow.

  8. 2.8  Seller/Vendor agrees that he shall not sell any products which are falling in the prohibited category for sale in India under any law for time being in force. Any breach of this term by Seller/Vendor shall be at his own risk and he shall be solely responsible for any legal consequences that may arise on this count.

Website means https://www.bazooka.in and includes all on line platforms owned and operated

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by Bazooka for the facilitation of its services and for smooth functioning of its business.

  1. 2.9  Seller/Vendor agrees that he shall follow the practice of fair trade and shall not make any unlawful gains out of any sale of product/services made by him under the scheme of the Bazooka website/app.

  2. 2.10  Seller/Vendor agrees that he shall issue an invoice in the name of buyer. Seller/Vendor agrees that he shall pay all kinds of taxes as applicable including GST for the sale made by him. Tradnix Global/Bazooka shall not be liable for any default of any tax evasion or underpayment of tax made by the Seller/Vendor. The entire responsibility for tax liability shall vest with the Seller/Vendor.

  3. 2.11  Seller/Vendor agrees that he shall not indulge any malpractice like delivering wrong, fake, duplicate, spurious, counterfeit, damaged, defective products and services to the buyer and it shall be his duty to ensure that customer is fully satisfied with his product/services.

  4. 2.12  Seller/Vendor agrees that he shall not sell/deliver any product/services which may harm the reputation and goodwill of Bazooka. On violation of this condition, Bazooka reserves the right to remove this Seller/Vendor from the Business Establishment category with the Bazooka website/app without any his consent.

  5. 2.13  Seller/Vendor agrees that he shall honour the discount/offers/deals as per the information provided by the Seller/Vendor on the Bazooka app/website when customer approaches him for purchasing Seller/V endor’ s products/services. He shall pass on the benefits of discount/offer/deals as stated by him on the coupons without any demur and he shall collect the sale proceeds for the net amount after deducting the discount/offers.

  6. 2.14  Seller/Vendor agrees that he shall obtain/maintain necessary license/permits from relevant authorities for the sale of their products/services before entering into any transaction with Customer/Buyers.

  7. 2.15  Seller/Vendor agrees that Bazooka has right to limit, refuse, restrict, suspend or prohibit its services to Seller/Vendors if any breach of the terms of this agreement is committed by Seller/Vendor.

  8. 2.16  Seller/Vendor also agrees that the Bazooka website/app has an absolute power to terminate the agreement its Business Establishment without any prior notice for any violation of these terms of use/operational instructions.

  9. 2.17  Seller/Vendor agrees and acknowledges that Bazooka has no role in purchase and sale transactions made by Business Establishments with the Buyers/Customers and the role of Bazooka is strictly limited to that of a facilitator through its platform. Bazooka shall not interfere in any sale transaction made by Seller/Vendor to Customer/Buyer inter se.

  10. 2.18  Seller/Vendor also agrees and undertakes that he is availing the listing services through the website/app of Bazooka and transacting with Customers/Buyers at his own risk. Seller/Vendor shall use his best and prudent judgment before entering into any sale transaction through the services of this website/app.

  11. 2.19  Seller/Vendor acknowledges that it shall not be the liability of Tradnix Global/Bazooka for any errors or omissions whether committed by him or by any third party, including non performance by that Seller/Vendor or any third party.

  12. 2.20  Seller/Vendor agrees that he shall abide by all the Terms of Use of the Bazooka website/app without any deviation even at the time of providing/making/creating of offers/discounts/deals for the Customer/Buyers.

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  1. 2.21  Seller/Vendor shall not inform any third party or to any unauthorized person about any content/scheme of the Bazooka website/app, either by uploading or publishing to any other computer server, or website or any other medium for publication or distribution of information.

  2. 2.22  The Bazooka website/app reserves the right to change, alter, vary, delete or add any terms and conditions after the coming of force of this agreement without the consent of the Seller/Vendor. Seller/Vendor shall not raise any objection to it and is bound to follow the terms/conditions immediately after the same are modified, changed or updated.

  3. 2.23  Seller/Vendor agrees that by registering the Business Establishment under this agreement he shall not create any relationship of the nature of partnership or agency with Tradnix Global/Bazooka in his favor.

  4. 2.24  Seller/Vendor agrees that he shall be bound by the Indian laws in force of the government whether Central, State or Local government. Any violation of such laws if made by the Seller/Vendor shall be the sole responsibility of the Seller/Vendor.

  5. 2.25  Seller/Vendor agrees that it shall not commit any infringement of intellectual property rights of any Merchant/Manufacturer. In case of such violations Seller/Vendor shall indemnify the Bazooka website/app against any loss, damages or claim made by such merchant/manufacturers.

  6. 2.26  Seller/Vendor agrees and undertakes that any typographical or any error in the issuance or redeeming coupons shall not vest any right in the Seller/Vendor for obtaining undue benefit of the offer from Bazooka and Bazooka shall have right to correct or recover the damage or loss caused to it on account of such errors from the Business Establishments.

  7. 2.27  Seller/Vendor agrees and undertakes that non insistence on any conditions of this agreement shall not be treated as waiver of any of the rights of Bazooka.

  8. 2.28  Seller/Vendor agrees and acknowledges that Bazooka shall not be responsible for any misbehavior or any tortuous behavior or negligence or any other action or omission by the Customer or any claims made by the Customers/Buyers about deficiency in service or about quality of the product at any forum under any law.

  9. 2.29  Seller/V endor shall not hold Bazooka responsible for any interruptions or failure in communication line or due to computer virus leading to destructions or alteration of any record in the functioning of Bazooka website/app.

  10. 2.30  Seller/Vendor agrees that Bazooka shall not be liable for any damages or cost on account of any dispute occurring between Seller/Vendor and Buyer/Customer nor shall Bazooka be responsible or liable to mediate to resolve any disputes between Seller/V endors and Customer/Buyer. Resolution of such disputes shall be the responsibility of Seller/Vendor and no interference nor involvement of Bazooka shall be sought by the Seller/Vendor.

  11. 2.31  The Seller/Vendor shall not be eligible for any benefits offered under the scheme of Bazooka if it is detected that he has indulged in unscrupulous activity, fraud or bulk sales or bogus sales (not genuine) by him to the customers. The Bazooka website/app reserves its right to inspect/scrutinize their records in such type of situations and the Seller/Vendor shall allow the official of the Bazooka website/app for the same, without any resistance.

  12. 2.32  Seller/Vendor agrees that any withdrawal from the Bazooka scheme by the Business Establishment shall be permitted only after a written intimation to Bazooka of a minimum 1

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month advance notice by the Seller/Vendor to Bazooka and it shall come into effect only after

a written approval is received from Bazooka.

  1. 2.33  Bazooka will expressly display all the information regarding the names, services, images,

    advertisements, and content provided by the vendor/seller on the website. Bazooka expressly disclaims all and any kind of warranties, whether expressed or implied, including, but not limited to, implied warranties of merchant-ability and fitness for a particular purpose. All the information required by the parties are present in the website and parties can use this information as per their individual needs and requirements.

  2. 2.34  Bazooka shall not be held responsible or liable for any of the loss or damage caused to any person or entity either direct, indirect, incidental, consequential, or otherwise, arising out of access or use or disseminating the data provided on this website. It includes, but are not limited to the loss of profits, data regarding text/image/creatives/photos etc provided by the vendor/seller, glitch or a bug in a software, plagiarism of the content or damage caused to user’s computer system. Bazooka shall not be held liable for the losses suffered by the vendor over the review and rating provided by the public in a comment regarding the products and services. The glitches or bugs regarding the software will be rectified or upgraded as per the software needs and the vendor/seller cannot make the Bazooka platform responsible for the same.

  3. 2.35  Bazooka is a B2B and B2C business which provides digital solution through creating a platform which enables the merchant to provide information regarding the product and services by meeting the ends of customers in various platforms like website, application, social-media and whatsapp. Bazooka only acts as a technology provider/intermediary/e-commerce facilitator and does not perform any activities or provide services which may tantamount to it being a seller, vendor, merchant, stockist and/or distributor.

  4. 2.36  Merchant who are interested in working with Bazooka application, shall be aware of and understand the Terms and Conditions provided under Business Establishment and T&C’s of customers. Registration once completed under Bazooka application, signifies the merchant’s unconditional acceptance and that the merchant is aware of the T&C’s and the policies. Registration includes, but are not limited to, completion of the on-board process, providing KYC documents. Once the payment is made, the amount will not be refunded.

  5. 2.37  Merchant has to provide the delivery service or could provide assistance through various third parties for delivering the product to the customers. Bazooka do not provide any delivery service, hence, it shall not be held liable or responsible for any discrepancies caused with regard to the deliveries conducted for the customers. Bazooka has nothing to do with the pricing of the products put up by the vendor/seller and will not be held responsible or liable with regards to the MRP, discounts, quality and quantity provided by the vendor/seller for its products and services.

  6. 2.38  Bazooka can make use of the uploaded content provided in the application by the vendor/seller for conducting various market research and promotional activities in order to understand the user experience, for the betterment of Bazooka platform and analyzing different problem emerging from the software without intimating any of the Merchants.

  7. 2.39  Bazooka provides different service plans which are subject to change without any prior notice. The plan enrolled by the seller/vendor at the time of sale/billing will be delivered by Bazooka and it will take all necessary measures in order to remove or reduce the trouble caused to the vendor/seller. In case, if there is any loss/damage caused to the vendor/seller by Bazooka platform, it shall be the duty of the vendor/seller to state the complication/problem regarding the same to Bazooka with a prior notice, on which the concerned platform will solve the complication/problem within a period of thirty to sixty working days, instead of reaching out for the court proceedings directly.

3. DATA PROTECTION

Bazooka will require certain information regarding the personal details of the Merchants at the time of registration which includes name, e-mail address, mobile phone number, contact details

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and other required details as may be asked at the time of registration and processing of orders. Bazooka will take all necessary steps and precautions to maintain confidentiality with regards to Merchant’s personal information. It has adopted reasonable security practices and procedures to protect the information and the nature of business by providing technical, operational, managerial and physical security to protect the personal information and data from any loss, misuse, unauthorized access, disclosure, alteration and destruction of the data provided by the Merchant.

  1. CONFIDENTIALITY

    The Seller/Vendor shall not, at any time, divulge or allow to be divulged to any third person not connected with the Bazooka website any information which is confidential in nature. Unless the said information has come in public domain or it is strictly required for any legal proceedings, the Seller/Vendor shall be under an obligation not to pass on any such information, without the consent of Bazooka in writing, to any third party not connected with business of Bazooka. The obligations under this clause shall survive even after the termination of this agreement.

  2. FORCE MAJEURE

    Bazooka shall have no liability towards the Seller/Vendor in case of happening of any "Event of Force Majeure" and continuation of any such event which inhibits or prevents performance hereunder, and for a reasonable start-up period thereafter. An "Event of Force Majeure" shall mean any act, cause, contingency or circumstance beyond the reasonable control of such party (whether or not reasonably foreseeable), including, without limitation, to the extent beyond the reasonable control of such party, events like floods, natural disasters, war, act of terror, political unrest, technical snags, act of God, Pandemic, and change of law or any occurrence beyond the reasonable control of the parties. Neither party shall, in any manner whatsoever, be liable or otherwise responsible for any delay or default in, or failure of, performance resulting from or arising out of or in connection with any Event of Force Majeure and no such delay, default in, or failure of, performance shall constitute a breach by either party hereunder.

    As soon as reasonably possible following the occurrence of an Event of Force Majeure, the affected party shall notify the other party, in writing, as to the date and nature of such Event of Force Majeure and the effects of same. If any Event of Force Majeure shall prevent the performance of a material obligation of either party hereunder, and if the same shall have continued for a period of longer than 3 months, then either party hereto shall have the right to terminate this Agreement by written notice to the other party hereto.

  3. INDEMNIFICATION

    Seller/Vendor agrees and undertakes that he shall indemnify Bazooka and its employees, officers, agents, attorneys, stockholders and directors, and successors, licensees and assigns harmless from and against (and shall pay as incurred) any and all claims, proceedings, actions, damages, costs, expenses and other liabilities and losses of whatsoever kind or nature incurred by its Business Establishment.

  4. MISCELLANEOUS

    Seller/Vendor hereby declares that the information or documents provided by it to Bazooka are true and correct to the best of their knowledge. Seller/Vendor understands and agrees that Bazooka, at its discretion, may institute and conduct a background check to verify the information furnished by it in the Enrolment Form for the use of such information at the Bazooka website/app, which may require disclosure of information to third parties and the Seller/Vendor authorizes Bazooka to carry out such background verification and agrees to

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provide any/all information required by Bazooka in this regard. Seller/V endor also acknowledges and agrees that providing any false information may result in Bazooka delisting the Seller/Vendor from the Platform and take such action as Bazooka may deem appropriate. The Seller/Vendor also agrees to allowing representatives of Bazooka/Tradnix Global to contact them through any means of communication like email, phone call, instant messaging etc. for the purpose of disseminating necessary information in a timely manner and sharing latest updates, information or any other sort of communication which may be for the benefit of Seller/Vendor or just promotional in nature. In addition, Seller/Vendor agrees that Bazooka has the right to seek any legal remedies including indemnification and damages from the Seller/Vendor for any loss caused to it as a result of any false information provided by it to Bazooka. 


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