Terms of Use

PLEASE CAREFULLY READ THE FOLLOWING TERMS OF USE BEFORE USING THE SITE, www.boomerup.com or application of BoomerUp and/or its clients across varied platforms. BY ACCESSING AND USING THE SERVICES OF THIS SITE YOU AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, PLEASE DO NOT ACCESS OR USE THE SITE.

Forysta Ventures Limited is a company incorporated under the Indian Companies Act, 1956 (hereinafter referred to “Our” or “us” or “We”) operating the website www.boomerup.com and/or application of BoomerUp and/or its clients across varied platforms, which is an Internet and Mobile App-based content and loyalty application (Site). By accessing and/or using this App, You (hereinafter referred to “You” or “Your” or “Yourself” or “User”) are contractually agreeing to the following terms and conditions, including those available by hyperlinks (collectively, the “Terms of Use”).

We reserve the right to modify the Terms of Use at any time without giving you any prior notice. Your use of the App following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified from time to time. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable to general and specific areas of this Site or to particular content are also considered as a part of Terms of Use.

OWNERSHIP

The Sites, including the individual images, graphics, text and layout, button icons, audio and video clips, digital downloads, data compilations and software, as well as the compilation of the content displayed on the Sites (the “Content”), is our copyrighted property. The names of other companies and products displayed on the Sites are the trademarks of their respective owners. All such trademarks, service marks and logos displayed on the Sites, whether owned by us or various third parties, are referred to herein as the “Trademarks.” Except as otherwise granted in these Terms, nothing contained on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Content or Trademarks.

REGISTRATION WITH THE SITE

In order to avail of the general services offered through the Site, you need to be a Registered User. If you wish to register with the Site, you agree to provide us with accurate and complete registration information. It shall be your responsibility to inform us of any changes to that information. Each registration is for a single individual or company only, as the case may be, unless specifically designated otherwise on the registration page. You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all use arising out of your registration, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your registration or password.

When you register with the Site, you will be asked to provide us with certain information including, without limitation, your full name, mobile number, date of birth, gender, billing and shipping address, a valid email address and other information required to have your use of the Site and/or purchase on the Site is fulfilled satisfactorily. In addition to these Terms of Use, you understand and agree that we may collect and disclose certain information about you to third parties, if required. In order to understand how we collect and use your information, please visit our Privacy Policy section at http://www.boomerup.com/privacy.

USE OF THE SITE / USER CONDUCT

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or to the Content in any manner whatsoever. You agree not to add to, subtract from, or otherwise modify or delete the Content, or access or make an attempt to access any Content that is not intended for you, except as provided in this Terms of Use. You agree not to use the Site in any manner that might interfere with the rights of third parties. You may use the Site if you are under eighteen (18) years of age but only after getting a parent’s or guardian’s consent/permission before accessing the Site or any portion thereof. You are also requested not to reveal any personal information about yourself or anyone else (for example, telephone number, home address or email address) if you have not attained 18 years unless otherwise suggested by a parent or guardian. You may use the Site and any information hosted and/or posted on the Site but not limited to writings, comments, files (audio or video), images and/or other work, document or information that You see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your personal purpose.

You shall not:

• Use the Site or post or modify any Content to defame, abuse, solicit, harass, stalk, threaten or otherwise violate the legal rights of any person or entity. You shall not use the Site or post or modify any Content to distribute any information that promotes or contains bigotry, racism, hatred, profanity or obscenity or promotes physical harm.
• Engage in any fraudulent, abusive or illegal activity, including but not limited to any communication or solicitation designed or intended to fraudulently obtain the financial details or any private information of any person and use the same to transact on the Site.
• Post any Content that you believe to be false or misleading.
• Use the Site or post any Content to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material.
• Reverse engineer, decompile, disassemble, copy, reproduce, distribute, modify, transmit, perform, reproduce, publish or create derivative works from or in any way exploit any of the Content in violation of the Terms of Use or the laws of any country.
• Run any form of auto responder, mail list or spam on the Site or any processes that are run or are activated by yourself.
• Distribute any downloaded file that You know, or reasonably should know, cannot be legally distributed.
• Reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, or redistribute or publish the information and Content provided by us or obtained from us without obtaining our prior express written consent. This restriction includes any attempt to incorporate any information provided by us into any other directory, product, or service.
• Post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You will not submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
• Cache or permit caching by any person.
• Do any act, including without limiting, running internet relay chats or IRC bots, or any other acts that may cause the overload of the servers or which will adversely affect the Site as provided, unless there is an explicit written permission from us to do so.
• Use the Site or post any Content to store and/or display and/or publish any adult content, which without limitation includes all pornography, erotic images, videos and messages, or otherwise lewd or obscene content. The designation of “adult content” is left entirely to our discretion.
• You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.
• You agree that you will not take any action that imposes a burden or load on our infrastructure that we deem, in our sole discretion, to be unreasonable or disproportionate to the benefits we obtain from your use of the Site.
• You agree that you will not transmit or otherwise transfer any web pages, data or content found on the Sites to any other computer, server, website, or other medium for mass distribution or for use in any commercial enterprise.

SHIPPING

The shipping method to be utilized for your order of redeemed rewards shall be as chosen by you during the purchase and/or mentioned in the order. In case of item like coupons and vouchers, electronic means like app push notifications, e-mail and SMS shall be undertaken. In cases where physical shipping of goods is involved, the title and risk for all products ordered by you shall pass on to you upon the respective merchant’s shipment to the shipping carrier.

ADDITIONAL TERMS

Any references made by the Site to any names, marks, products or services of third parties or hypertext links to any third party site or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product, service, advice, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Site.

By submitting content to any public or non-public area of the Site, including message boards, forums, contests and chat rooms, you grant us and our affiliates a royalty-free, perpetual, irrevocable, sub-licenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any User to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Site retains any and all rights that may exist in such content.

INTELLECTUAL PROPERTY

The names, images and logos identifying us or any other party and its products and services are subject to intellectual property rights including patent, copyright, design and trade mark. Nothing contained in these Terms of Use shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any of such intellectual property rights without the express permission of the respective owner/s.

The Site and the Content, including editorials, is protected by copyright law and international treaty provisions and may not be copied or imitated in whole or in part. No logo, trademark, graphic or image from the Site may be copied or retransmitted without our prior express written permission.

CONTENT DISCLAIMER

We communicate rewards information, promotions, coupons, deals, messages, advertisements, listings provided and created by partners, merchants, retailers, advertisers, marketers, listing agencies, publishers, users, resellers, third parties and you merely for your information and action and it should not be construed as our recommendation, endorsement, advice or suggestion. We have no control over the accuracy, legality, legitimacy, validity or reliability of any information on the Site, which may also include technical inaccuracies or typographical errors.

We may also facilitate the redemption of your rewards on the Site. We make no representations or warranties as to the quality, suitability, merchantability or availability of any of the products or services available as part of the redemption, sale, offers, coupons, vouchers, products, listings, promotions, advertisements or information on the Site. We shall not be liable for any defect or deficiency in any product or service obtained by acting on the information provided on the Site and all disputes in this regard should be taken up with relevant merchant or partner establishments. We make no guarantee, nor do We take any responsibility for the Content and Merchandise including its quality, copyright compliance or legality, or any resulting loss or damage. The Content not limited to the availability of any product or service or any feature thereof, is subject to change without notice.

We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Site.

We are in the business of publishing interactive rewards, offers, coupons, messages and discounts information, the information of which is available through the respective merchants, with the motive of driving more exposure, sales and revenues to the respective brands and do not claim any rights or representations by doing so. All brand names, logos, graphics and information are the properties and trademarks of the respective brands and companies. We shall not be held liable for publishing such information, which is available through respective merchants that we have partnered with. However, we shall look into and take necessary action in the event of specific requests by merchants and/or customers for clarification of information.

LINKING TO THIRD PARTY WEBSITES

Links to external Internet sites could be provided within the Site as a matter of convenience to you. The listing of such external site does not imply endorsement of such site by us. We do not make any representations regarding the availability, reliability and performance of the Site or any of the external sites.

If You click on any advertisement banner, sponsor link, or any other external link from or available on the Site, Your browser automatically may direct You to a new browser window that is not hosted or controlled by us and We are not responsible for the content, functionality or technological safety of these external third party links/sites.

LINKING TO THIS SITE

Linking of this Site can be solely undertaken for legal purposes. You may also connect deep links to the Site, i.e., create links to this Site that bypass the home page or other parts of the Site only for legal purposes. You may mirror or frame the home page or any other pages of this Site on any other website or web page provided that such mirroring or framing is not done or undertaken for any commercial benefits. We reserve the right to discontinue the linking at our sole discretion without any prior notification to You.

WARRANTIES DISCLAIMER

ANY USE OF THE SITE AND ANY USE OF THE CONTENT SHALL BE AT YOUR SOLE RISK. WE DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, LEGALITY, LEGITIMACY, VALIDITY, RELIABILITY, OPERABILITY OR AVAILABILITY OF THE CONTENT, INFORMATION OR MATERIAL DISPLAYED ON THE SITE. THE SITE, ITS SERVICES, COUPONS, VOUCHERS AND PRODUCTS (INCLUDING ALL CONTENT HEREIN) ARE PROVIDED “AS IS” AND ‘AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE AND ANY CONTENT HOSTED ON IT. WE DO NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ANY AND ALL WARRANTIES TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING ANY WARRANTIES FOR ANY CONTENT, INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE SITE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL _______________, _______________ NOR ANY OF THEIR RESPECTIVE AFFILIATES, BUSINESS PARTNERS, SUPPLIERS AND PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “_______________”) BE LIABLE TO ANY USER ON ACCOUNT OF ANY USE, MISUSE OR RELIANCE ON THE SITE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF WE ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SITE. WE DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, CONTENT, PRODUCT, SERVICES, OR PROCESSES DISCLOSED ON THE SITE OR ANY OTHER MATERIAL OR INFORMATION ACCESSIBLE FROM THE SITE.

THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

INDEMNITY

You shall indemnify, defend and hold us and all Our officers, directors, owners, agents, employees, content providers, partners, suppliers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from Your use of the Site and/or Content. We reserve the right, at are own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and You shall not in any event settle any matter without our prior express written consent.

TERMINATION AND CONSEQUENCES

If you violate any of the Terms of Use or We have reasonable grounds to believe that you have violated any of the herein mentioned terms, we may at any point of time, either temporarily or indefinitely, terminate your access to the Site or any part thereof without waiving any other rights and without giving any prior notice to you.

If you provide us with any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then we have the right to suspend or terminate your access to the Site (or any portion thereof). Notwithstanding the above, we may at any point have the right to terminate your access to the Site.

SEVERABILITY

If one or more of the provisions contained under the Terms of Use is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions under the Terms of Use.

GENERAL

No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind us in any respect whatsoever. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. We may assign, convey, subcontract or delegate these Terms or any rights or obligations hereunder without restriction. In the event that any provision of these Terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions of these Terms. These Terms, together with the Privacy Policy, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements whether oral or written. No delay or omission by either party in exercising any right or remedy under these Terms or existing at law or equity shall be considered a waiver of such right or remedy. You may not assign any of your rights hereunder. We may assign all rights to any other individual or entity in our sole discretion. The titles of the paragraphs of these Terms are for convenience only and have no legal or contractual effect.

If you have any questions about the rights and restrictions above, or would like to report any inaccuracies or errors, please contact us by email at hello@forysta.com

WAIVER

The failure of either party to exercise any rights provided for herein shall not be deemed a waiver of any further right hereunder.

ASSIGNMENT

You will not assign or sub-license the rights, duties or obligations under the Terms of Use, in whole or in part, to any person or entity without our prior express written consent.

GOVERNING LAW AND JURISDICTION

The Terms of Use and any action related hereto shall be governed by the laws of India without reference to the conflict of laws provisions thereof. We and You hereby agree on behalf of yourselves and any person claiming by or through You that the sole and exclusive jurisdiction and venue for any litigation arising from or relating to the Terms of Use or the subject matter hereof shall be adjudicated at an appropriate court located in Mumbai in the State of Maharashtra, India.

PRIVACY POLICY

Your use of this Site is subject to our Privacy Policy located at www.boomerup.com/privacy

CUSTOMER SERVICE

Questions or comments regarding the Site or the Terms of Use may be submitted to Our Customer Service at hello@forysta.com.