TERMS AND CONDITIONS
This document is an electronic record in terms of Information Technology Act, 2000 (India) and rules there under as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Your use of BAY CREATRIONS website www.baycreations.co.in (hereinafter referred
to as "BAY CREATIONS Website/ Website") and its services and tools
are governed by the following terms and conditions ("Terms of Use").
If You transact on BAY CREATIONS, You shall be subject to the policies that are applicable to the website for such transaction. By mere use of the website You shall be contracting with BAY CREATIONS, a company incorporated under Companies Act, 1956 with Registered Office at B-1/1 Opp. A P College Banquet Ground, MIDC, AG Nagar, Mira Road East, Thane, 401 104, Maharashtra, India and these terms and conditions constitute your binding obligations.
For the purpose of these terms of use, wherever the context so require
"You" shall mean any natural or legal person who has agreed to become
a member of the Website by providing Registration Data while registering on the
Website as Registered User using the computer systems of the BAY CREATIONS.
When You use any of the services provided by the BAY CREATIONS, including but
not limited to Customer Comments, You will be subject to the rules, guidelines,
policies, terms, and conditions applicable to such service, and they shall be
deemed to be incorporated into this Terms of Use and shall be considered as
part and parcel of this Terms of Use.
BAY CREATIONS reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that You accept and agree to the changes. As long as You comply with these Terms of Use, BAY CREATIONS grants You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
Membership Eligibility
Use of the BAY CREATIONS Website is available only to persons who can enter into a legally binding contract under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the BAY CREATIONS Website. If You are a minor i.e. under the age of 18 years, you shall not register as a member of the BAY CREATIONS and shall not transact or use BAY CREATIONS website. As a minor if You wish to use or transact on BAY CREATIONS, such use or transaction may be made by your legal guardian or parents who have registered as users of the BAY CREATIONS. BAY CREATIONS reserves the right to terminate your membership and refuse to provide You with access to the BAY CREATIONS if it is brought to BAY CREATIONSs’ notice or if it is discovered that you are under the age of 18 years or are incompetent to contract as per applicable laws.
Your Account and Registration Obligations
If you use BAY CREATIONS website, You shall be responsible for maintaining the confidentiality of your User ID and Password and you shall be responsible for all activities that occur under your User ID and Password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or BAY CREATIONS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, BAY CREATIONS has the right to indefinitely suspend or terminate or block access of your membership with BAY CREATIONS and refuse to provide you with access to the Website.
Communications
When You use the Website or send emails or other data, information or communication to BAY CREATIONS, You agree and understand that you are communicating with BAY CREATIONS through electronic records and you consent to receive communications via electronic records from BAY CREATIONS periodically and as and when required. BAY CREATIONS may communicate with you by email or by such other mode of communication, electronic or otherwise.
Charges
Membership on the BAY CREATIONS Website is free. BAY CREATIONS does not charge any fee for browsing and transacting on BAY CREATIONS. However, BAY CREATIONS reserves the right to charge fee and change its policies from time to time. In particular, BAY CREATIONS may at its sole discretion introduce new services and modify some or all of the existing services offered on the BAY CREATIONS website. In such an event BAY CREATIONS reserves, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and related policies shall automatically become effective immediately once implemented on BAY CREATIONS. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to BAY CREATIONS.
Use of Website
You agree, undertake and confirm that your use of BAY CREATIONS shall be strictly governed by the following binding principles:
- Belongs to another person and to which You do not have any right to; or
- That is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; or
- Misleading in any way; or
- Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; or
- Harasses or advocates harassment of another person; or
- Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"; or
- Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; or
- Infringes upon or violates any third party's rights, (including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity]; or
- Promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; or
- Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); or
- Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; or
- Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; or
- Contains video, photographs, or images of another person without his or her express written consent and permission or the permission or the consent of his her guardian in the case of minor; or
- Tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
- Engages in commercial activities and/or sales without BAY CREATIONS prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Sites. Throughout this Terms of Use, BAY CREATIONS "prior written consent" means a communication coming from BAY CREATIONS Legal personnel, specifically in response to your request, and specifically addressing the activity or conduct for which You seek authorization; or
- Solicits gambling or engages in any gambling activity which BAY CREATIONS, in its sole discretion, believes is or could be construed as being illegal; or
- Interferes with another user's use and enjoyment of the BAY CREATIONS Website or any other individual's user and enjoyment of similar services; or
- Refers to any website or URL that, in the sole discretion of BAY CREATIONS, contains material that is inappropriate for the BAY CREATIONS Website or any other Website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use; or
- Harm minors in any way; or
- Infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items; or
- Violates any law for the time being in force; or
- Deceives or misleads the addressee/ users about the origin of such messages or
- Impersonate another person; or
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal identifiable information; or
- Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation; or
- Shall not be false, inaccurate or misleading; or
- Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or
- Shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
You shall not use any "deep-link", "page-scrape", "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 any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. BAY CREATIONS reserves the right to bar any such activity.