Terms of Use

Please read these terms of use ("Terms of Use") and the Privacy Policy (hereinafter referred to as the “Agreement”) carefully before using or registering on the ‘2BX’ website, m-web and mobile application (collectively referred to as “Platform”) or accessing any material, information or services through the Platform.

The Platform (including the trademark '2BX’) is owned and operated by Davi Activewear Private Limited (hereinafter referred to as “We”, or “Our” or “Us” or “Company” or “DAPL”), and the purchases of Our products or services made by the users of the Platform (“you”, “your” or "User") through the Platform shall be governed by these Terms of Use. The Terms of Use described below incorporate the Privacy Policy and apply to all Users of the Platform.

1. ACCEPTANCE OF TERMS OF USE

Your access to or use of the Platform (even when You do not avail of or provide any services on the Platform) or booking, purchase or avail any of the services through the Platform shall signify your acceptance of the Terms of Use and Privacy Policy and Your agreement to be legally bound by the same. These Terms of Use do not alter in any way the terms or conditions of any other written agreement you may have with the Platform for other services.

You acknowledge that the Platform serves as an unique shopping experience which (i) designs and sells activewear and other lifestyle accessories in India (“2BX Products”), (ii) provides the User with the option to purchase the 2BX Products on the Platform, and (iii) provides Users the opportunity to participate in different programmes run by 2BX from time to time (“2BX Programmes”) and, by using, visiting, registering for, and/or otherwise participating in the Platform, including the services presented, promoted, and displayed on the Platform ("2BX Services”), you hereby certify that: (1) you have the authority to enter into these Terms of Use, (2) you authorise the transfer of payment for 2BX Services requested through the use of the Platform , if applicable, and (3) you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein.

If you do not so agree to the foregoing, you should refrain from accessing or using the Platform. If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or participating in the Platform immediately.

If You use the Platform or open an Account (as defined below) on behalf of a non-individual entity or group, you represent and warrant that you have the authority to bind that entity or group and your acceptance of the Terms of Use will be deemed an acceptance by that entity or group and "you" and "your" herein shall refer to that entity or group.

2. MODIFICATIONS TO TERMS OF USE AND/OR PRIVACY POLICY

The Company reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and the Company will post the amended Terms of Use on the Platform. It is your responsibility to review the Terms of Use for any changes and you are encouraged to check the Terms of Use frequently. Your use of the Platform following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Platform.

3. LICENSE TO ACCESS

 The Company hereby grants you a non-exclusive, revocable license to use the Platform as set forth in the Terms of Use; provided, however, that (i) you will not copy, distribute, or make derivative works of the Platform 2BX or 2BX Products in any medium without the Company’s prior written consent; (ii) you will not alter or modify any part of the Platform other than as may be reasonably necessary to use the Platform for its intended purposes; and (iii) you will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the Platform.

4. MEMBERSHIP ELIGIBILITY CRITERIA

Use of the Platform is available only to individuals who are (i) at least 18 years old and can form legally binding contracts under applicable law, or in the alternative (ii) under 18 years of age, but their legal guardians have agreed to enter into contract on their behalf and your usage of the Platform is under the supervision of such legal guardian. You represent, acknowledge and agree that you are at least 18 years of age or your legal guardian has entered into contract on your behalf, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Platform and 2BX Services offered through the Platform do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations.

In order to purchase a 2BX Product, you may need to provide certain information such as your name, address, phone number, email ID, payment details etc. For easy access to the Platform and to be a part of the 2BX Programmes, you may need to create an account along with an OTP authentication ("Account"). To create an account, you may need to submit your name and email address through the account registration page on the Platform and create a password. You can provide additional optional information, which is not mandatory to register for an account but may be helpful to the Company in providing you with a more customized experience when using the Platform. 

You are solely responsible for safeguarding your 2BX Password ("Passwords") at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify the Company immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without the Company’s permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Platform and/or the 2BX Services offered through the Platform.

You hereby expressly acknowledge and agree that you yourself and not the Company will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of the Company or others due to such unauthorized use.

You acknowledge and agree that you shall comply with the following policies (the "Account Policies"):

  • You will not copy or distribute any part of the Platform in any medium without the Company's prior written authorization.
  • You will not alter or modify any part of the Platform other than as may be reasonably necessary to use the Platform for its intended purpose.
  • You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.
  • You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Platform for any purpose without the Company’s prior written approval.
  • You shall not in any manual or automated manner collect Users’ information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate information or content made available on the Platform, including but not limited to, use on a "mirrored", competitive, or third-party site.
  • You shall not in any way transmit more request messages to the Platform servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. We reserve the right to revoke these exceptions either generally or in specific cases.
  • You shall not recruit, solicit, or contact in any form Users for employment or contracting for a business not affiliated with the Company without express written permission from the Company.
  • You shall not take any action that (i) unreasonably encumbers or, in the Company's sole discretion, may unreasonably encumber the Platform's infrastructure; (ii) interferes or attempts to interfere with the proper working of the Platform or any third-party participation in the Platform; or (iii) bypasses the Company's measures that are used to prevent or restrict access to the Platform.
  • You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Platform, nor to use the communication systems provided by the Platform for any commercial solicitation purposes. 

5. ADDITIONAL POLICIES 

Your access to, use of, and participation in the Platform is subject to the Terms of Use and all applicable Company regulations, guidelines and additional policies that the Company may set forth from time to time, including without limitation, a copyright policy, shipping policy, refund policy and any other restrictions or limitations that the Company publishes on the Platform (the "Additional Policies"). You hereby agree to comply with the Additional Policies and your obligations thereunder at all times. You hereby acknowledge and agree that if you fail to adhere to any of the terms and conditions of this Agreement or documents referenced herein, including the Account Policies, membership eligibility criteria or Additional Policies, the Company in its sole discretion, may terminate your Account at any time without prior notice to you as well as initiate appropriate legal proceedings, if necessary.

6. PROHIBITIONS ON SUBMITTED CONTENT

You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, software, or live stream incorporating all or some of the foregoing, to any part of the Platform, or the posting of any opinions or reviews in connection with the Platform, the 2BX Services, 2BX Products, the Users (all of the foregoing content is collectively referred to herein as "Submitted Content" and the posting of Submitted Content is referred to as a "Posting" or as "Postings") that:

  • misrepresents the source of anything you post, including impersonation of another individual or entity or any false or inaccurate biographical information for any User; provides or create links to external sites that violate the Terms of Use; is intended to harm or exploit any individual under the age of 18 ("Minor") in any way; is designed to solicit, or collect personally identifiable information of any Minor, including, but not limited to, name, email address, home address, phone number, or the name of his or her school;
  • invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
  • contains falsehoods or misrepresentations that could damage the Company or any third party;
  • is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
  • is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant the Company all of the license rights granted herein;
  • contains or promotes an illegal or unauthorized copy of another person's copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacture installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another's copyright, intellectual property right, or any other proprietary right;
  • is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
  • intends to harm or disrupt another user's computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate our employee, agent, manager, host, another user, or any other person though any means;
  • advertises or solicits a business not related to or appropriate for the Platform (as determined by the Company in its sole discretion);
  • contains or could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement;
  • contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests;
  • distributes or contains viruses or any other technologies that may harm the Company, or the interests or property of Our Users;
  • contains links to commercial services or websites, except as allowed pursuant to the Terms of Use; is non-local or irrelevant content;
  • contains identical content to other Postings you have already posted; or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of the Company.

7. NO DISCRIMINATION

Any preference, limitation or discrimination based on race, colour, religion, sex, national origin, age, handicap or other protected class is prohibited under law. We will not knowingly accept any Posting which is in violation of the law. The Company has the right, in its sole discretion and without prior notice to you; to immediately remove any posting that discriminates or is any way in violation of any law.

While using the Platform, you shall not:

  • violate any laws, third-party rights, Account Policies, or any provision of the Terms of Use, such as the prohibitions described above;
  • circumvent or manipulate the fee structure, the billing process, or fees owed to the Company, if any; 
  • post false, inaccurate, misleading, defamatory, libellous or disparaging content about the Company, its brand, offerings and Users (including personal information about any User);

The foregoing lists of prohibitions provide examples and are not complete or exhaustive. The Company reserves the right to (a) terminate your access to your Account, your ability to post to the Platform (or use 2BX Services) and (b) refuse, delete or remove, move, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that the Company determines is inappropriate or disruptive to the Platform or to any other user of the Platform and/or 2BX Services. The Company may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at the Company’s discretion, the Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Platform or on the Internet. The Company does not and cannot review every Posting posted to the Platform. These prohibitions do not require the Company to monitor, police or remove any Postings or other information submitted by you or any other user.

8. USER RULES

Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Users shall not: 

(a) include brand names or other inappropriate keywords in their Postings; 

(b) include any information in their Profile that is fraudulent.

(c) offer a catalog or a link to a third-party website which provides similar services; 

(d) use their Postings to promote services not offered on or through the Platform and/or prohibited services;

(e) solicit Users to mail cash or use other payment methods not specifically permitted by the Company as approved payment methods; 

(f) include links that do not conform to the Company’s policies with respect to third-party links; 

(g) promote raffles, prizes, bonuses, games of chance, giveaways, or random drawings; 

(h) use inappropriate language or profanity in any Posting; 

(i) include third-party endorsements in a Posting;

In case the Company realises that any User is involved in any of the above activities, the Company reserves the right to (i) blacklist the User and withhold any outstanding payments if any or (ii) cancel the Posting, or (iii) limit User’s Account privileges; or (iv) suspend the Account. 

9. PURCHASE OF 2BX PRODUCTS

 You can browse the product catalogue available on the Platform and make selection for your desired product, colour, and size. After making the selection, you can add the selected product to the cart and proceed to complete the purchase.

 10. PAYMENT

 Payment for the purchase of a 2BX Product can be made through different payment methods available at Platform including online payment and/or cash on delivery (COD). While availing any of the payment methods offered on the Platform, the Company will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to, (i) lack of authorisation for any transaction, or (ii) exceeding the preset limit mutually agreed by you and between your bank(s), or (iii) any payment issue arising out of the transaction, or (iv) decline of transaction for any other reason(s). All payments made by you shall be compulsorily in Indian Rupees. The Platform does not accept any other form of currency with respect to the purchases made on the Platform.

11. SHIPPING

 The shipping of 2BX Products shall be as per the shipping policy of the Company available at https://2bx.in/pages/shipping-policy. The Company reserves the right, in its sole discretion, to change, modify, or otherwise amend the shipping policy from time to time. 

12. RETURN, EXCHANGE AND REFUND

 The return, exchange and refund of a 2BX Product is governed by the return, exchange and refund policy of the Company available at https://2bx.in/pages/returns-and-exchange-policy. The Company reserves the right, in its sole discretion, to change, modify, or otherwise amend the return, exchange and refund policy from time to time.

13. 2BX PROGRAMMES

 2BX, from time to time may run different programmes for its Users. If you are a registered User of 2BX, you would be eligible to participate in these 2BX Programmes subject to terms and conditions of such programme as may be applicable at the time of its launch. The Company reserves the sole right and discretion to start or terminate a programme anytime.

14. CUSTOMER SUPPORT

 The Company has a dedicated customer support team to answer to the queries and resolve issues of a User. In case of any query or issues, you can reach out to the customer support team through multiple touch points available on the Platform including through email, WhatsApp, call etc. You can also raise your grievances/ issues outside the Platform through social media channels of the Company such as Instagram. The customer support team usually endeavours to gets back to a User within 48 (forty-eight) hours, however, occasional delay may be caused due to certain factors.

15. MODIFICATION OR CESSATION OF 2BX

 The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice and in its sole discretion. You agree that the Company shall not be liable to you or to any third party for any such modification, suspension or discontinuance thereof.

16. TERMINATION BY US

You hereby acknowledge and agree that the Company, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Platform or otherwise terminate your access to or participation in the use of the Platform (or any part thereof), or remove and discard any Submitted Content on the Platform ("Termination of Service"), immediately and without notice, for any reason, including without limitation, Account inactivity or if the Company believes or has reason to believe that you have violated any provision of the Terms of Use.

17. TERMINATION BY YOU

 You may cancel your use of the Platform and/or terminate the Terms of Use with or without cause at any time.

18. EFFECT OF TERMINATION

Upon termination of your Account, your right to participate in the Platform, including, but not limited to, your right to utilize the 2BX Services shall automatically terminate. In the event of Termination, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in Our system.

Unless the Company has previously cancelled or terminated your use of the Platform (in which case subsequent notice by the Company shall not be required), if you provided a valid email address during registration, the Company will notify you via email of any such termination or cancellation, which shall be effective immediately upon delivery of such notice.

 Upon Termination of 2BX Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of the Company Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that the Company shall not be liable to you or any third party for any termination of your access to the Platform. Upon Termination of Service, the Company retains the right to use any data collected from your use of the Platform for internal analysis and archival purposes, and all related licenses you have granted the Company hereunder shall remain in effect for the foregoing purpose. In no event is the Company obligated to return any Submitted Content to you or take the same down (except when it is contrary to these terms or applicable law).

 You agree to indemnify and hold the Company, and its officers, managers, members, affiliates, successor, assigns, directors, agents, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the Termination of Service.

19. COMPANY OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON THE PLATFORM

 The content on the Platform (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks (including 2BX), service marks and logos contained therein ("Marks"), are owned by the Company. Other trademarks, names and logos on the Platform are the property of their respective owners.

 All intellectual property rights in 2BX Products are solely owned by the Company.

 Data on the Platform is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Company reserves all rights not expressly granted in and to the Platform and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Platform for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Platform or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Platform or the Data therein.

20. LICENSE TO YOU FOR THE USE OF DATA AND MARKS

 The Platform contains the Company's Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and the Company owns and retains all rights in such Data and Marks. Subject to these Terms of Use, the Company hereby grants you a limited, revocable, non-transferable, non-sublicensable license to reproduce and display the Company Data (excluding any software source code) solely for your personal use in connection with accessing and participating in the Platform.

The Platform may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.

21. FEES

 Currently, browsing the Platform, joining Us, opening an Account, posting Submitted Content and viewing the same is free. However, We reserve the right to charge fees to the Users for services that the Platform may provide in the future. In particular, We may introduce new services and modify some or all of the existing services offered on the Platform. In such an event, the Company reserves, without notice to you, the right to introduce fees for the new services offered on amend/ introduce fees for the existing services, as the case may be. Change to the fees and related policies shall automatically become effective once implemented on the Platform.

22. TAXES

 State and local tax laws can vary and will be applicable at the then prevailing rates. You understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to users of the Platform. The Company shall not be responsible or liable in any manner whatsoever towards the tax liability of a User.

23. THIRD PARTY LINKS AND CONTACT FORMS

The Platform may provide, or third parties may provide, links, contact forms and/or phone numbers to other websites or resources, including, without limitation, social networking, blogging and similar websites through which you are able to log into the Platform using your existing account and log-in credentials for such third-party websites. Certain areas of the Platform may allow you to interact and/or conduct transactions with such third-party sites, and, if applicable, allow you to configure your privacy settings in your third-party site account to permit your activities on the Platform to be shared with your contacts in your third-party site account. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, goods or services on or available from such websites or resources. Unless expressly stated on the Platform, links to third-party sites should in no way be considered as or interpreted to be the Company’s endorsement of such third-party sites or any product or service offered through them. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or through any such website or resource. The third-party website may have different privacy policies and terms and conditions and business practices than the Company. In certain situations, you may be transferred to a third-party website through a link or connected to a third-party resource by a contact form or phone but it may appear that you are still on the Platform or transacting with the Company. In these situations, you acknowledge and agree that the third-party website terms and conditions and privacy policy apply in this situation. Your dealings and communications through the Platform with any party other than the Company are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party.

24. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY LAW, AND DAPL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THE PLATFORM, THE SERVICES OFFERED ON OR THROUGH THE PLATFORM, 2BX PRODUCTS, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE PLATFORM, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THE PLATFORM OR OTHER THIRD PARTIES.

 UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM, 2BX SERVICES OFFERED ON OR THROUGH THE PLATFORM, 2BX PRODUCTS, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE PLATFORM IS PROVIDED TO YOU ON AN "AS IS" AND "WHEREIS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE COMPANY DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT, ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR USER OR EXPERT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. THE COMPANY DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY. 

 The Company uses reasonable security measures in order to attempt to protect Submitted Content against unauthorised copying and distribution. However, the Company does not guarantee that any unauthorised copying, use, or distribution of Submitted Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that the Company shall not be liable for any unauthorised copying, use, or distribution of Submitted Content by third parties and release and forever waive any claims you may have against the Company for any such unauthorised copying or usage of the Submitted Content, under any theory. THE SECURITY MEASURES TO PROTECT SUBMITTED CONTENT USED BY THE COMPANY HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.

25. LIMITATIONS OF LIABILITY

 IN NO EVENT SHALL THE COMPANY, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER REGARDLESS OF THE NATURE OF THE CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF THE COMPANY, ARISING FROM OR RELATING TO THE PLATFORM, AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF MONEY ACTUALLY PAID TO THE COMPANY BY YOU FOR THE 2BX PRODUCT.

 YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 THE PLATFORM MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY THE COMPANY. THE COMPANY DOES NOT HAVE ANY CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES.  ACCORDINGLY, PLEASE BE ADVISED TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF EACH THIRD-PARTY WEBSITE THAT YOU VISIT, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON THE PLATFORM.

26.INDEMNIFICATION AND RELEASE

 YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN THE PLATFORM; YOUR VIOLATION OF ANY PROVISION OF THE TERMS OF USE, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; OR ANY CLAIM THAT YOUR SUBMITTED CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE PLATFORM.

 IF YOU HAVE A DISPUTE WITH ONE OR MORE PLATFORM USERS, YOU FOREVER RELEASE THE COMPANY (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS AND AGENTS) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM AND/OR ANY SUBMITTED CONTENT.

27. OTHER TERMS AND CONDITIONS

 27.1. Notices: All notices from the Company will be served by email to Your registered email address or by general notification on the Platform. Any notice provided to the Company pursuant to the Terms of Use should be sent to hello@2BX.in with subject line – Attention: TERMS OF USE.

27.2. Governing Law and Jurisdiction: This Agreement shall be governed by the laws of India (without reference to conflict of laws principles). All disputes arising out of or in relation to this Agreement shall be subject to the exclusive jurisdiction of the courts in Bangalore.

27.3. Force Majeure: Neither the Company or You will be liable to the other for any delay or failure in performance under the Terms of Use, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, pandemics, epidemics, acts of declared or undeclared war, acts of regulatory agencies or governmental authorities, or national disasters.  Each will allow the other reasonable opportunity to comply before it claims the other has not met its obligations. Where approval, acceptance, consent, access, cooperation or similar action by the Company or You is required, such action will not be unreasonably delayed or withheld.

27.4. Assignment:  This Agreement and any rights and licenses granted hereunder may not be transferred or assigned by You but may be assigned by the Company without restriction.

27.5. Entire Agreement:  The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by the Company on the Platform, shall constitute the entire agreement between you and the Company concerning the Platform.

27.6. Severability: If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

27.7. Waiver: No waiver of any provision of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

27.8. Cause of Action: You agree that any cause of action arising out of or related to the Platform shall commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

 27.9. Section Headings:  The section headings in the Terms of Use are for convenience only and have no legal or contractual effect.

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