Terms & Conditions

Terms of Use 
(effective November 01, 2018, last updated: November 01, 2018)


By using and/or registering with Burgundyretail.com of any other sites operated under the name “Burgundy Retail” or any mobile app or any other services, you agree to be bound by all of the terms & conditions of this agreement. 

Welcome at Burgundy Retail 


The words “Burgundy Retail”, “we”, “our” and “us” refers to BURGUNDY RETAIL , a proprietorship company under the laws of India and having registered office at B8 Aristocrate Lajjya Compound Mogra Village Old Nagardas Road Andheri (E), Mumbai-400069



 www.BurgundyRetail.com  and any other site operated under the name ("Burgundy Retail", “the Site”, “We”, “Our”, or “Us”) and any mobile app or other service made available to you (“You”, “Your”, or “Yours”) by (collectively referred to as the “Services”). These Terms of Use (this "Agreement") and apply to your use of the services.


The Burgundy Retail Privacy Policy found at https://www.BurgundyRetail.com/privacy-policy  is incorporated by reference into this Agreement and made a part of it. Read the terms of this Agreement carefully.


By accessing the services, you acknowledge that you have read and agree to be bound by this agreement, and you expressly consent to the use, and disclosure of your personally identifiable and other information as described in the privacy policy. If you do not agree with any of the terms of this agreement, you do not have permission to access or use the services.


In addition, you may also be asked to enter into additional agreements before being permitted to access certain part of the Services. Those additional agreements are made a part of this agreement and will govern your use of the services covered by the additional agreements. In the event of a conflict between the terms of this agreement and those additional agreements, the terms of the additional agreements shall govern.


Burgundy Retail reserves the right, in its sole discretion, to modify this agreement at any time and to give notice of such modification by posting a modified version of this agreement to Burgundy Retail and the Services. If, in the reasonable exercise of its sole discretion, Burgundy Retail determines that modification of the Privacy Policy will materially change the treatment of information previously collected from You, Burgundy Retail shall additionally notify you of such change posting notice of such change on the home page of Burgundy Retail.com and/or by emailing you at an email address provided by you to Burgundy Retail. Upon receiving notice of any such modification, you agree to be bound by the modified agreement through your continued access to Burgundy Retail or otherwise use of the Services.


Burgundy Retail and the Services are provided for informational purposes or buying healthcare  products  or Lifecare products or other products, and are not intended as a substitute for


1. Professional medical advice, diagnosis, or treatment;


2. professional health and safety services


Always seek the advice of your physician or other qualified healthcare provider for answers to any questions you may have regarding a medical or health related condition. Burgundy Retail and the Services are not intended to be relied upon for medical diagnosis or treatment.


Never disregard medical advice or delay in seeking it because of something you have read on our platform. Reliance on Burgundy Retail and the services are solely at your own risk.


Never disregard your individual health conditions. For example, allergies, adverse reaction to certain medicinal plants, herbs, ingredients and substances.  Any remedy on the website is to be followed under individual discretion and medical supervision.


Burgundy Retail is merely a technology platform facilitating the discovery, sharing knowledge & experience of different alternative therapies, home remedies, alternative medicines, allied products used for treatment and sale or distribution of alternative medicines. The results of medication differs from person to person. There are several variables affecting the results of any medication, for example, water, air, temperature, sunlight, working style, eating habits, lifestyle etc. which ultimately reflects in the outcome.


We do not recommend or endorse any particular medicine, remedy, health advice whose information, reviews, or ratings appear on our platform. Rather, Burgundy Retail is only a “conduit” or intermediary that provides the aforementioned content regarding alternate medicines. No content or other information contained on Burgundy Retail or the Services should be construed as a recommendation for any remedy, health advice or medicines. The Content and other information on Burgundy Retail and the services include statements of opinion, which are not statements of fact or our recommendations. You should obtain any additional information necessary to make an informed decision prior to selecting and using any remedy & health articles. The opinions expressed on Burgundy Retail and the services are those of our users and not of Burgundy Retail.


The remedies displayed at Burgundy Retail are collected from various publically available sources and Burgundy Retail does not endorse or recommend any of the treatments given on the website, nor do we undertake any liability thereof.


You agree to assume all responsibility in connection with choosing any use of information obtained through Burgundy Retail or the Services.


 


Registration


 As between you and others, your account belongs to you. You agree to:


1. try to choose a strong and secure password;


2. keep your password secure and confidential;


3. not transfer any part of your account


4. Follow the law and the “Permissions and Restrictions below.


5. You are responsible for anything that happens through your account unless you close it or report misuse.


Minimum Age


To use the services, you agree that you must be the “Minimum Age,” which is 18 years or older. However, if law requires that you must be older in order for Burgundy Retail to lawfully provide the Services to you (including the collection, storage and use of your information) then the minimum age is such older age. The services are not intended for use by anyone under the age of 18.


Your License to Burgundy Retail


As between you and Burgundy Retail, You own the content and information that you submit or post to the services and you are only granting Burgundy Retail the following non-exclusive license. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. These rights are limited in the following ways:


1. You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except
(a) to the extent you shared it with others as part of the Service and they copied or stored it and
(b) for the reasonable time it takes to remove from backup and other systems. You may delete such content by emailing BurgundyRetail@gmail.com with the subject line, "Deletion Request".


2. While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.


3. Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others.


You agree that we may access, store and use any information that you provide in accordance with the terms of the Privacy Policy.


By submitting suggestions or other feedback regarding Our Services to Burgundy Retail, You agree that Burgundy Retail can use and share such feedback for any purpose without compensation to you.


You agree to only provide content or information if that does not violate the law or anyone's rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful.


In order to access any of the services, you will be asked to submit certain information about yourself ("Registration Information"). You represent and warrant that all registration Information you have provided is true, accurate, current and complete.


Email Communication


You must provide your electronic mail ("email") address when registering to access any of the services. We may use your email address, when necessary, to communicate with you regarding the administration of Burgundy Retail. Occasionally, you may receive newsletters or updates with information that we deem to be of interest to the members of Burgundy Retail.


If you do not want to receive newsletters and updates, you may opt out of those Services


1. through the email subscription management page on your profile;


2. by clicking on the "unsubscribe" link on newsletters or updates


3. By emailing BurgundyRetail@gmail.com with the subject line “unsubscribe”.


 


When you register with the Site, you are confirming that you are willing to receive commercial messages from Burgundy Retail.


Ownership of Intellectual Property


Burgundy Retail and its licensors own all rights, title and interest in and to the Burgundy Retail and the Services, and any Intellectual Property Rights therein and/or related thereto. "Intellectual Property Rights" means all worldwide patent, patent applications, copyrights, trade secrets, trademarks, service marks, trade names and any other intellectual property, proprietary, and database protection rights. The Burgundy Retail name and logo are trademarks of BURGUNDY RETAIL, a proprietorship company incorporated in India and no right or license is granted to you herein to use such trademarks. The trade mark or any copyrights for the products we sell are owned by respective manufacturers or others as the case may be. We are displaying the products for sale only and we don’t have any rights over intellectual property of respective owners.


 


Third party Links

Burgundy Retail may contain links to third party sites or pages that are not under the control of Burgundy Retail, and Burgundy Retail is not responsible for any content on any such links. If you access a third party site or page from the Burgundy Retail, then you do so at your own risk. Burgundy Retail provides links only as a convenience and the inclusion of the link does not imply that Burgundy Retail endorses or accepts any responsibility for the content on those third party sites or pages. You may not use on your site any content or trademarks appearing on the site in establishing the link. You may not frame or otherwise incorporate into another site the content or other materials on the Site without prior written consent.


Permissions and Restrictions 

You may access and use Burgundy Retail and the Services only for lawful purposes and solely in accordance with the terms of this Agreement. Burgundy Retail reserves the right to discontinue any aspect of Burgundy Retail or the services at any time and without notice. All rights not expressly granted to you under this agreement are reserved by Burgundy Retail and its licensors.


You agree you will not:


1. license, sublicense, rent, lease, loan, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party Burgundy Retail or Services; or


2. modify or make derivative works based upon Burgundy Retail or the Services; or


3. reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or method of operation of Burgundy Retail or the Services, or authorize any third party to do any of the foregoing; or


4. access or make use of the Services and Burgundy Retail by scripts or automated services;


5. impersonate any person or use a name that you are not authorized to use


6. Compromise violates or impairs system or network security or operation.


7. Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;


8. Add content that is not intended for, or inaccurate for, a designated field


9. Use or attempt to use another's account;


10. Harass, abuse or harm another person;


11. Send spam or other unwelcomed communications to others;


12. Scrape or copy profiles and information of others through any means (including crawlers, browser plugging and add-ons, and any other technology or manual work);


13. Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;


14. Disclose information that you do not have the right to disclose (such as confidential information of others);


15. Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;


16. Violate the intellectual property or other rights of Burgundy Retail, including, without limitation, using the word “Burgundy Retail” or Our logos in any business name, email, or URL;


17. Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by Burgundy Retail;


18. Post anything that contains software viruses, worms, or any other harmful code;


19. Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services;


20. Create profiles or provide content that promotes escort services or prostitution;


21. Create or operate a pyramid scheme, fraud or other similar practice;


22. Copy or use the information, content or data of others available on the Services (except as expressly authorized);


23. Copy or use the information, content or data on Burgundy Retail in connection with a competitive service (as determined by Burgundy Retail);


24. Copy, modify or create derivative works of Burgundy Retail, the Services or any related technology (except as expressly authorized by Burgundy Retail);


25. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;


26. Imply or state that You are affiliated with or endorsed by Burgundy Retail without Our express consent;


27. Rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data;


28. Sell, sponsor, or otherwise monetize a feature of Burgundy Retail’s services, without Burgundy Retail’s consent;


29. Deep-link to Our Services for any purpose without Burgundy Retail’s consent;


30. Remove any copyright, trademark or other proprietary rights notices contained in or on Our Service;


31. Remove, cover or obscure any advertisement included on the Services;


32. Collect, use, copy, or transfer any information obtained from Burgundy Retail without the consent of Burgundy Retail;


33. Share or disclose information of others without their express consent;


34. Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information;


35. Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;


36. Monitor the Services' availability, performance or functionality for any competitive purpose;


37. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;


38. Access the Services except through the interfaces expressly provided by Burgundy Retail, such as its mobile applications and Burgundy Retail.com;


39. Override any security feature of the Services; and/or


40. Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms).


You agree that you will:


1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory equirements


2. Provide accurate information to us and keep it updated


3. Use the Services in a professional manner


Complaints regarding content posted on the Burgundy Retail 


Burgundy Retail respects the intellectual property rights of others and desires to offer a platform which contains no content that violates those rights. Our user agreement requires that information posted by members be accurate, lawful and not in violation of the rights of third parties. To promote these objectives, Burgundy Retail provides a process for submission of complaints concerning content posted by our Members. Our policy and procedures relating to complaints of copyright infringement are described below. Any complaints about content posted on the site by users that do not relate to alleged copyright infringement should be directed to BurgundyRetail@gmail.com.


Please note that whether or not we disable access to or remove content, Burgundy Retail may make a good faith attempt to forward the written notification, including the complainant’s contact information, to the member who posted the content and/or take other reasonable steps to notify the member that Burgundy Retail has received notice of an alleged violation of intellectual property rights or other content violation. It is also our policy, in appropriate circumstances and in our discretion, to disable and/or terminate the accounts of members who infringe or repeatedly infringe the rights of others or otherwise post unlawful content.


Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice.


Copyright Infringement:


Burgundy Retail has implemented procedures for receiving written notification of claimed infringements. If you believe in good faith that your copyright has been infringed, provide a written communication which contains:


1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;


2. A description of the copyrighted work that You claim has been infringed;


3. A description specifying the location on Our website of the material that you claim is infringing;


4. Your contact details i.e. phone number, email address etc.


5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and


6. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.


Please submit your notice to Burgundy Retail’ by email to: BurgundyRetail@gmail.com. Or contact us by mail to BURGUNDY RETAIL, B8 Aristocrate Lajjya Compound Mogra Village, Old Nagardas Road Andheri (E), Mumbai -400069


Representations and Warranties


You represent, warrant and covenant for the benefit of Burgundy Retail that:


1.  You have the legal right and authority to enter into this Agreement, and, if You are accepting this Agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this Agreement;


2.  You have the legal right and authority to perform your obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable additional agreement you enter into in connection with any of the Services;


3.  All information you provide to Burgundy Retail in connection with this Agreement and your access to Burgundy Retail and use of the Services is correct and current.


Indemnification. 


You will indemnify, defend, and hold harmless Burgundy Retail and each of its respective employees , officer, directors, and affiliates ("Indemnified Parties"), from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) which result from any claim or allegation against any Indemnified Party arising from: (a) Your accessing Burgundy Retail or use of the Services, including any materials disseminated or transmitted by You and/or Your Registrants; (b) Your breach of any term of this Agreement; or (c) Your negligence or intentional misconduct hereunder. Burgundy Retail will provide you with notice of any such claim or allegation, and Burgundy Retail will have the right to participate in the defense of any such claim at its expense.


 Disclaimer

The parties acknowledge that the services are provided to you strictly on “AS IS" AND "AS AVAILABLE” basis with no warranties whatsoever. You recognize that the current state of technology does not allow for error free access to the site ant use of the services and interruptions, crashed and downtime may occur from time to time. BURGUNDY RETAIL does not represent or warrant that:


1. The use of the services will be secure, timely, uninterrupted or error free or operate in combination with any other hardware, software , system or data


2. The services will meet customer’s requirements or expectations; or


3. Any results generated by using the services will be accurate, up-to-date, complete or reliable. Burgundy Retail disclaims all representations and warranties, whether express, implied warranty or merchant ability, fitness for a particular purpose, title or non-infringement of third party rights to the maximum extent permitted by applicable law.
No oral or written information given by Burgundy Retail will increase the scope of the above warranties or create new warranties. You agree that your access to the site and the information thereon is at your own risk and that you are solely responsible for any liability or damage you incur through access to the site or use of the services.



Limitation of Liability


in no event will Burgundy Retail be liable for any indirect, punitive, special, exemplary, incidental, consequential or other damages, whether in contract, tort or any other legal theory, arising out of, or in connection with the site, the information thereon, or these terms of use, including without limitation, the use or inability to use the site, even if Burgundy Retail has been advised of the possibility of such loss or damages and whether or not such loss or damages are foreseeable.


Your sole and exclusive remedy with respect to the use of any services provided by Burgundy Retail in connection with your free Registration shall be to discontinue your free registration.


Notices


Except as otherwise expressly set forth herein, all notices by you to Burgundy Retail under this Agreement must be delivered in writing by courier, by electronic facsimile, or by certified or registered mail (postage prepaid and return receipt requested) to Burgundy Retail’s address set forth on the Site, as appropriate. Such notice will be effective upon receipt or three business days after being deposited in the mail, whichever occurs sooner. Burgundy Retail may deliver a notice to you by posting of a general notice on the site, which will be effective 48 hours after posting to Burgundy Retail.


 


Termination


This agreement shall be effective for as long as you use access Burgundy Retail or the Services and the above sections on the Ownership of IP, Data Collection, Reps and Warranties, Indemnification, Disclaimer and General Provisions shall survive termination or expiration of this agreement.


Burgundy Retail reserve the right to terminate your registration & your access to any Services without citing any reason.



Neither Burgundy Retail nor any affiliate of Burgundy Retail shall be liable to you or to any third party for termination of your registration for any reason. No third party is an intended beneficiary of this agreement.


General Provisions


This Agreement is the complete and exclusive statement of the Agreement between Burgundy Retail and you regarding the services and supersedes any other agreement or proposal, oral or written (including information on Burgundy Retail), and any other communications between Burgundy Retail and you.


This Agreement will be governed by the laws of India without regard to conflicts of law principles. All disputes arising under this agreement are subject to Mumbai Jurisdiction. Each party irrevocably hereby consents to the jurisdiction and venue of any such court in any such action or proceeding. There are no other third party beneficiaries under this Agreement.


The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach. If any provision of this agreement is deemed unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.


You may not assign, delegate or otherwise transfer this agreement or any of your rights or obligations under this agreement without the prior written consent of Burgundy Retail. Any such assignment, delegation or transfer in violation of the foregoing will be null and void.


For any information, quarries regarding “Terms of use” contact at BurgundyRetail@gmail.com