Privacy Policy
WITH EFFECT FROM 1ST APRIL 2024
Welcome to Bolstart (the “Platform”). This Platform is owned and operated by Bolstart, a company incorporated under the laws of India, having its registered office at Bolstart (the “Company/Bolstart” which expression would mean and include its officers, successors and permitted assigns or “us” or “we”). The Platform is for purposes of connecting users as well as connecting users with service providers who are registered with the Company on the Platform ("Service Providers") for the provision of varied services including but not limited to accountancy, law etc. ("Bookings"). The Platform Services and the performance of the Bookings are collectively referred to as “Service”
By using this Platform, You expressly agree that Bolstart is operating the Platform and assumes the role of an intermediary, and does not at any point of time during any transaction between a Customer and a Service Provider on the Platform come into or take possession of any of the products or services offered by Service Provider. At no time shall Bolstart hold any right, title or interest over the services provided nor shall Bolstart have any obligations or liabilities in respect of such contract entered into between Customer and Service Provider.
1. APPLICABILITY AND AMENDMENT OF TERMS
1.1 These terms and conditions of use (“Terms”) apply to all registered members and users of the Platform who wish to procure the Services (“Users”). We request you to carefully go through these before you decide to access this Platform or use the Services made available on the Platform. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and the Company in connection with your visit to the Platform and your use of the Services.
1.2 The Company reserves the right to expand the scope of Services from time to time and in light of the expanded scope of Services, may update the existing Terms. By continuing to avail the Services, you expressly consent to the amended Terms, if any.
1.3 Your use of the Platform or the Services will signify your acceptance of the Terms and your agreement to be legally bound by the same. If you do not agree to or wish to be bound by these Terms and Privacy Policy, you may not access or otherwise use the Platform or the Services. We reserve the right to modify or terminate any portion of the Platform or the Services offered by the Company or amend the Terms for any reason, without notice and without liability to you or any third party. To make sure you are aware of any changes, please review these Terms periodically. Your continued use of the Platform or the Services will signify your acceptance of the amendments.
1.4 Nothing in the Terms should be construed to confer any rights to third party beneficiaries.
2. REGISTRATION AND ACCESS
2.1 If you wish to avail the Service of the Company, you will have to register on the Platform and become a registered user. By registering on the Platform, you agree that you are appointing the Company to provide you the Services as defined under these Terms and as may be mutually agreed between the parties. To register onto the Platform, you will have to provide certain information such as your name, contact information, business profile, content details, among other information.
2.2 Registration is only a one-time process and if you have been previously registered, you will login into your account using the same credentials as provided by you during the registration process. We request you to safeguard your password and your account and make sure that others do not have access to it. It is your responsibility to keep your account information current.
2.3 When you use the Platform, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile or other similar device to prevent unauthorized access to your account. We request you to safeguard your password and your account and make sure that others do not have access to it. It is your responsibility to keep your account information accurate.
2.4 We reserve the right to refuse access to the Platform, to terminate accounts, remove or edit content including the list of products/services offered by the Service Providers at our discretion.
2.5 We will try to make the Platform error-free. Your access to the Platform may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services. However, we do not take responsibility for internet related issues at your end.
2.6 You may, at your discretion, be entitled to subscribe to any plans that the Company may provide from time to time on the Platform. Each plan introduced by the Company shall be subject to terms and conditions specified on the Platform and before subscribing to any plan, you are required to peruse the plan carefully to understand the associated terms and conditions.
3. PLATFORM CONTENT
3.1 All information provided by Users are self-declared and not verified by Bolstart. Any and all information posted by any User including but not limited to their photographs, videos, company name and details (“Content”), Bolstart has the right to use this Content for promotions or marketing purposes.
3.2 Bolstart allows users to contribute different kinds of Content, including reviews, photos and videos. You alone are responsible for Your Content posted on the Platform. The User's contributions to the Platform should be unbiased and objective. Bolstart does not and cannot review all communications or Content uploaded to the Site and is not responsible for the Content, quality, or consequences of your uploading such communications or Content. Notwithstanding the foregoing, Bolstart shall delete/ remove/ modify/ block the content/ reviews if, the reviewer attempts to use any improper/ indecent/ abusive language or tries to defame any Service Provider for private/ personal/ professional reasons. A User shall not use the Platform in any way that causes, or may be likely to cause damage or impairment to the Platform or in any manner harms the Company or any other person or entity (as determined by the Company in its sole discretion) or interrupt free access to it in any way. As a User You expressly understand and agree that:
(a) shall not use the Platform to host, display, upload, post, submit, distribute, modify, publish, transmit, update or share any Content that:
(b) belongs to another person and to which you do not have any right;
(c) 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;
(d) harms minors in any way;
(e) infringes any patent, trademark, copyright or other proprietary rights;
(f) violates any law for the time being in force; (f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonates another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Platform and/or the Services or any connected network or any computer resource, or otherwise interferes with any entity's use or enjoyment of the Platform and/or the Services; and
(i) threatens the unity, integrity, defence, security or sovereignty of our nation, friendly relations with foreign states, or public Booking or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insults any other nation;
(j) is posted for any fraudulent purpose.
3.3 The User acknowledges that at no point in time shall the Company be responsible for the accuracy or the genuineness of any statement made on the Platform.
3.4 The User acknowledges and agrees that Bolstart may use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any or all photographs, audio, video and text of the User obtained through the Platform(s) to create marketing materials, in whole or in part, in any manner or media as Bolstart sees fit.
3.5 Bolstart reserves the right to delete, remove, modify refuse to accept or edit any communication or Content that it may determine, in its sole discretion, violates or may violate this Agreement, the intellectual or proprietary rights of others, any of its policies or is otherwise unacceptable in its discretion, and you hereby agree to forfeit any fees payable in respect of such Content to Bolstart or as it may direct.
3.6 The information, content and materials on the Platform and / or Service is provided on an “as is” and “as available” basis.
3.7 Company does not warrant that the functions contained in content, information and materials on the Platform and / or Service, including, without limitation any third-party sites or services linked to the Platform and / or that the Service will be uninterrupted, timely or error-free.
3.8 Any material downloaded or otherwise obtained through the Platform are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system; and
3.9 The Company cannot and will not assure you that other Platform users are or will be complying with the foregoing rules or any other provisions of these Terms, and, as between you and the Company, you hereby assume all risk of harm or injury resulting from any such lack of compliance by you.
4. REPRESENTATIONS AND WARRANTIES BY THE USERS
4.1 By using the Platform, you represent and warrant that:
(a) You are 18 years of age or older and that your use of the Platform will not violate any applicable law or regulation.
(b) If you are below 18 years of age, you have parental consent to use the Platform. As mentioned in the Terms of Use, persons who are "competent/capable" of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register on the Platform and use the Services. As a minor if You wish to use Our products or Services, such use shall be made available to You by Your legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the Platform, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The Company will not be responsible for any consequence that arises as a result of usage of the Platform that may occur by virtue of any person including a minor registering for the Services provided. The Company reserves the right to terminate your usage of the Platform if it is discovered that You are under the age of 18 (eighteen) years and the consent to use the products or Services is not made by Your parent/legal guardian or any information provided by You is inaccurate. You acknowledge that the Company does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any Personal Data on the Platform.
(c) All information provided on the Platform by you is true, factual and accurate and you agree to maintain the accuracy of such information. In the event of any change in the accuracy of the information, You agree to inform the Company about such changes.
5. LINKS TO THIRD PARTY PLATFORMS
5.1 The Platform includes links to other Platforms whose terms and privacy practices may differ from those of the Company. If the users access or submit personal information to any of those Platforms, such access and information is governed by the terms of use and privacy policies of such thirdparty Platforms and the Company disclaims all responsibility or liability with respect to these terms, policies or the Platforms.
5.2 Your use of the Platform shall be subjected to the following restrictions:
(a) you may not modify any content of the Platform;
(b) you may not decompile, reverse engineer, or disassemble the content; or
(c) you may not remove any copyright, trademark registration, or other proprietary notices
from the Platform. You further agree not to access or use the Platform in any manner that may be harmful to the operation of the Platform or its content.
6. INDEMNITY
6.1 You agree to indemnify and hold harmless the Company, its independent the Service Providers and their respective directors, officers, employees and agents (collectively, "Bolstart Parties"), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your access to or use of the Platform(s); (b) any communication you provide; (c) your violation of these Terms and Conditions; (d) your violation of any rights of another User; (e) your conduct in connection with the platform(s).
7. LIMITATION OF LIABILITY
7.1 You expressly understand that under no circumstances will the Company be liable to you or any other person or entity for any direct, indirect, incidental, special, remote or consequential damages, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from circumstances.
7.2 To the fullest extent permitted by law, in no event will Company or its affiliates be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, whether or not the Company has been warned of the possibility of such damages. Notwithstanding anything to the contrary in these Terms, Company's liability under these Terms shall in no event exceed the amounts received by the Company from You.
7.3 Bolstart has no control over the Service Providers or over the services promised or rendered by the Service Providers. Bolstart makes no representations as to the reliability, capability, or qualifications of any Service Provider or the quality, security or legality of any services and Bolstart disclaims any and all liability relating thereto. We are not responsible for any damages or losses incurred by You which arise out of the services or products offered by the Service Providers including such services or products being unsatisfactory or not meeting Your expectations.
7.4 Bolstart neither make any representation or warranty as to specifics (such as quality, value etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Bolstart accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
7.5 Bolstart is not responsible for any non-performance or breach of any contract entered into between You and the Service Providers on the Platform including but not limited to unsatisfactory or nonperformance of services or damages or delays as a result of products which are out of stock, unavailable or back booked.
7.6 In case of complaints pertaining to efficacy, quality, or any other such issues relevant to the Services, you are required to provide your feedback on the Platform and Bolstart shall notify the same to the Service Provider. The Service Provider shall be liable for redressing your complaints. In the event you raise any complaint on any Service Provider accessed using our Platform, we shall assist you to the best of our abilities by providing relevant information to you, such as details of the Service Provider and the specific Booking to which the complaint relates, to enable satisfactory resolution of the complaint. However, Bolstart assumes no liability that the Service Provider shall provide an effective redressal to your grievance.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 The design of this Platform and its content are the property of Bolstart and are protected by copyright, trademark and other intellectual property laws. All information, Content, services and software displayed on, transmitted through, or used in connection with the Bolstart Platform is owned by Us. You may use the Content only through the Bolstart Platform, and solely for your personal, noncommercial use.
8.2 You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission.
8.3 We make no representation that materials or Content available through our Bolstart Platform is appropriate or available for use in all countries worldwide. (b) If You access or use the Bolstart Platform from a country or location where it is not appropriate or available, You are solely responsible for compliance with necessary laws and regulations for use of the Bolstart Platform.
8.4 You and We both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect email id or if for any other reason You do not receive the email notice.
8.5 The display of any trade names, trademarks, service marks, logos or domain names on this Platform does not imply that a license of any kind has been granted with respect to such trade names, trademarks, service marks, logos or domain names.
8.6 Unless you provide written notice otherwise, if you submit or post any materials or content to us, you grant us and our affiliates a royalty free, perpetual, irrevocable, transferrable, assignable, sublicensable, worldwide license to use such materials and content, including alterations thereof, for our business purposes, in any form, in any media and via any technology we choose, whether it exists now or is created in the future. You represent that such materials and content posted or otherwise submitted by you to the Platform are original to you and that you have the right to grant us these rights. We agree that we will only utilize such materials and content in accordance with our mission and values.
9. TERMINATION
In the event you breach the Terms or in the event any other user reports violation of any of their right as a result of your use of the Services, the Company reserves the right to suspend or terminate your access to the Platform with or without notice to you and to exercise any other remedy available under law. Any suspected illegal, fraudulent or abusive activity will be grounds for terminating your access to the Platform. Upon suspension or termination, your right to avail the Service and access to the Platform will immediately cease and Company reserves the right to remove or delete your information that is available, including but not limited to login, account information and information posted by you.
10. APPLICABLE LAW
You agree that the interpretation of this Terms and the resolution of any disputes arising under these Terms will be governed by the laws of India
11. ARBITRATION
Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, or to your use of the Platform or the Service or information to which it gives access, will be determined by arbitration in the applicable country, before a sole arbitrator. Arbitration will be conducted in accordance with the laws of India. The seat of such arbitration will be Bolstart. All proceedings of such arbitration, including, without limitation, any awards, will be in the English language. The award will be final and binding on the parties.
12. SEVERABILITY
If any provision of these Terms is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision will be excluded from these Terms and the remainder of these Terms will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event these Terms will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
13. NOTICES
All notices and other communications required or permitted hereunder to be given to a party will be in writing, in the English language, and will be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such party's address as set forth below or at such other address as the party would have furnished to the other party in writing in accordance with this provision:
If to Company:
Bolstart
If to you:
at the email address provided by you to us when you registered on this Platform.
14. GRIEVANCE OFFICER
In accordance with the applicable laws made thereunder, the Grievance Officer for the purpose of your personal sensitive information as governed by the Company's privacy policy can be reached at Bolstart.
15. WAIVER
No term of these Terms will be deemed waived and no breach excused, unless such waiver or consent will be in writing and signed by the Company. Any consent by Company to, or waiver of a breach by you, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
16. COMPLETE UNDERSTANDING
These Terms contain the entire understanding of the parties, and there are no other written or oral understandings or promises between the parties with respect to the subject matter of these Terms other than those contained or referenced in these Terms.
17. GDPR Compliance
17.1. Legal Basis:We process data based on consent, contract necessity, legal obligations, and legitimate interests, including marketing.
17.2. Rights:
-EU and UK users can
-Restrict or object to processing
-Request data portability
-Withdraw consent at any time
17.3. Data Transfers:We comply with GDPR for data transfers outside the EEA or UK using appropriate safeguards.
17.4. Retention:Data is retained as necessary for its purposes or as legally required.
17.5. Automated Decisions:Users can object to automated decision-making used for advertising and request human review.
17.6. Complaints:Users can complain to their local supervisory authority.
Contact: reachout@bolstart.com