COMPREHENSIVE TERMS AND CONDITIONS 

The website www.boudhmart.com  (hereinafter Boudh Mart)  is operated by Obiter Dicta Legal Solutions LLP having its registered office at KC-52A, ASHOK VIHAR PHASE-1, DELHI-110052. 

Please read the Comprehensive Terms and Conditions carefully before using Boudh Mart. 

By using BoudhMart  you signify your consent to be bound by Comprehensive Terms and Conditions, Privacy Policy and Payment Terms and Conditions. 

1. DEFINITIONS:

‘Intellectual Property’  means only registered intellectual property such as trademarks, copyrights, trademarks and designs. 

‘Listing’  means the offer to sell or license posted by a sell in respect of the intellectual property 

‘Under litigation’ means that the intellectual property has been sued for infringement, passing off, piracy, counterfeiting, rectification, cancellation or any other legal proceeding against the intellectual property. 

‘User Accounts’  means the account registered on the website, whether as a buyer or licensor or a licensee or a seller;

1.CONDITIONS OF USE 

By using this website, you certify that you have read, reviewed, understood and agree to abide by the present Agreement. If you do not want to be bound by the terms and conditions and other policies of the website, you are advised to stop using Boudh Mart.

1. USER ACCOUNTS

1. When you decide to do any transaction on the website, you may be asked to submit particulars and submit documents. You are solely responsible for providing Boudh Mart with the accurate particulars and documents.
2. If you have made any error in submission of the particulars and/or documents, you shall contact us on helpdesk@boudhmart.com
3. You may be asked to produce further documents by us, in order to ascertain your identity or verify the genuineness of the particulars provided.
4. The User Accounts can be deleted/suspended on our discretion, if we feel that any user is providing inaccurate details, false documents, impersonating to be someone, posting listings without authorization, attempting to hack our website or posting scandalous or sexually offensive content. We shall not be liable to assign any reason for such suspension or deletion of user accounts and such user shall be solely liable for all the costs and consequences that he/she may have to suffer on account of such suspension/deletion.

2. DUTIES AND UNDERTAKINGS OF A SELLER/ LICENSOR:  Any person, whether be it an individual, a company, a LLP, trust, society or partnership or any other legal constitution, who lists his/her intellectual property for sale or for license on the website, shall, apart from general good business practices which are not explicitly stated herein,  abide by the following terms:

1. The Seller/Licensor undertakes that the listing of the intellectual property done by them, actually belongs to them. 
2. The Seller/Licensor undertakes that the intellectual property which is being listed, is not under any litigation, challenge, or rectification. 
3. The Seller/Licensor further undertakes that the owner of the intellectual property, whether be it a company, LLP, or individual is not under the process of insolvency proceedings or winding up proceedings. 
4. That the particulars so provided of the intellectual property, shall be accurate and if BoudhMart requires any such further particulars or documents, the same shall be provided by the Seller, whenever demanded. 
5. The Seller agrees and undertakes that BoudhMart  is only a facilitator of the transaction and is not liable for the execution, registration or compliance of the license or transfer or assignment deed. 
6. The Seller shall timely sign all the documents pertaining to the transaction, and abide by the selling price which the buyer has accepted, failing which, he may be liable for legal action from the buyer.

3. DUTIES AND UNDERTAKINGS OF A BUYER/LICENSEE: :  Any person, whether be it an individual, a company, a LLP, trust, society or partnership or any other legal constitution, who wishes to buy/license any  intellectual property  from the website, shall, apart from general good business practices which are not explicitly stated herein,  abide by the following terms:

1. The buyer agrees and undertakes that BoudhMart  is only a facilitator of the transaction and is not liable for the execution, registration or compliance of the license or transfer or assignment deed. 
2. The buyer undertakes that he shall do the due diligence of the title of the seller’s intellectual property, its background and litigation check from his own end and BoudhMart shall not be responsible for the same in any manner. 
3. The buyer/licensee further undertakes that in the event, the seller withdraws his listing or doesn’t complete the agreement process, the amount held by Boudh Mart   shall be released to the Buyer/Licensee after deduction of actual transaction charges as imposed by the payment gateway.

1. The buyer/licensee shall not make Boudh Mart  a party to any legal proceeding in respect of any transaction pertaining to the intellectual property or in the event the intellectual property so purchased/licensed. 

4. LIMITATION OF LIABILITY OF BOUDHMART

The website and its parent entity shall not be liable for the transactions conducted on the website and the veracity of the particulars shared by the respective parties. Boudh Mart only conducts a preliminary verification of the particulars and documents adduced by the parties. However it doesn’t have the facility to verify the complete veracity of the same and the quality of the title. The parties using the website are advised to conduct their own due diligence of the particulars, documents and the title of the seller. Any defect in title or inaccuracy of particulars shall not render BoudhMart  liable for any damages, deficiency, negligence, malpractice, loss or any other pecuniary liability not specifically mentioned. BoudhMart shall also not be liable for any cancellation of the transaction at the buyers or sellers end at any point of time and the users may avail remedy of specific performance against the other. 

5. SAFETY AND SECURITY OF THE DOCUMENTS SHARED

Boudh Mart collects your personal information and documents and stores it on its cloud server. We do not distribute, sell or transfer your information or the documents shared by you, to any third party whatsoever except when demanded by any law enforcement agencies or summoned by a court of law. In the event, our website or our server’s integrity is breached, we shall inform you about such incident and also inform you if your data has been compromised. We may use your data and information only for the purpose of analysing trends, business statistics and comprehension. 

6. GOVERNING LAW AND JURISDICTION

The laws of India shall govern all claims and disputes, if any, between the users and BoudhMart. The disputes shall be subject to the exclusive jurisdiction of the courts of Delhi, India. 

7. CONTACT US

If there are any queries , you may reach to us at admin@boudhmart.com