TERMS AND CONDITIONS (AGREEMENT)

USERS OF www.boffinbutler.com (THE WEBSITE) INCLUDE BOTH THE BUYERS AND SELLERS WHO HAVE CREATED ACCOUNTS ON THE WEBSITE.

VISITORS ARE NOT USERS AND ARE PERSONS OR ENTITIES VISITING THE WEBSITE WITHOUT CREATING AN ACCOUNT.

ALL VISITORS AND USERS (also referred to as "You" or "Your" or "Yourself") OF THE WEBSITE ARE ADVISED TO READ THESE TERMS AND CONDITIONS CAREFULLY. BY VISITING OR USING THE WEBSITE, BUYING OR SELLING PRODUCTS ON THE WEBSITE OR IN ANY WAY SHARING OR REFERENCING THE WEBSITE, YOU HAVE AGREED TO BE BOUND BY ALL THESE TERMS AND CONDITIONS, AS WELL AS THE PRIVACY POLICY (LINK), TERMS OF SALE (LINK) AND DISCLAIMERS.

ANY PERSON, COMPANY, PARTNERSHIP FIRM, LLP, SOLE PROPRIETORSHIP, INSTITUTION, ASSOCIATION, INSTITUTE, GROUP OF PERSONS OR ANY OTHER ENTITY OR SPECIAL PURPOSE VEHICLE WILL BE RECOGNISED AS A VISITOR, BUYER OR SELLER UNDER THIS AGREEMENT AS THE CASE MAY BE AND SHALL BE BOUND BY THE TERMS OF THIS AGREEMENT.

Boffin Butler Pvt. Ltd., is providing the Website as an electronic platform and intermediary to facilitate the buyers and sellers of laboratory supplies and equipment to buy and sell such items.

The Terms and Conditions stated herein constitute an Agreement (referred to as “Agreement”) which you agree to on entering the Website (www.boffinbutler.com) and governs your use of the Website. All persons using the Website either for buying or selling laboratory supplies or to merely browse, to avail the services or merely check any information available shall be bound by this Agreement. Boffin Butler Pvt. Ltd., reserves the right to change or revise the terms and conditions in this Agreement at any time by posting any changes or revised Agreement on the Website. The changed or revised Agreement will be available in the Terms and Conditions page of the Website with specifications as to when it was revised provided at the beginning of the Agreement. The changed or revised Agreement shall stand effective immediately once it is posted on the Website and any person who visits the Website thereafter shall be bound by the Agreement. Boffin Butler Pvt. Ltd., advises all users and persons visiting the Website to review this Agreement to make sure that they understand the terms and conditions governing the use of the Website. If you do not agree to this Agreement, including any policy or guidelines mentioned, then you are advised to immediately terminate the use of the Website.

PROPRIETARY RIGHTS

Boffin Butler Pvt. Ltd., and its brand has proprietary rights. You may not copy, reproduce, resell or redistribute either in the name of Boffin Butler Pvt. Ltd., or as Boffin Butler Pvt. Ltd. Boffin Butler Pvt. Ltd., also has rights to all trademarks and specific layouts of this webpage, including calls to action, text placement, images and other information.

WEBSITE

Website Information and Third Party Websites

In addition to making Products available, the Website also offers information and marketing materials. The Website offers information, both directly and through indirect links to third-party Websites, about research products, laboratory products, products under development, and other scientific information. Boffin Butler Pvt. Ltd., does not always create the information offered on the Website; instead, the information is often gathered from other sources. To the extent that Boffin Butler Pvt. Ltd., does create the content on the Website, such content is protected by the Intellectual Property Laws of India, foreign nations, and international bodies. Unauthorised use of the material may violate copyright, trademark, and/or other laws. Any links to third-party Websites are provided solely as a convenience to you. Boffin Butler Pvt. Ltd., does not endorse the contents on any such third-party Websites. Boffin Butler Pvt. Ltd., is not responsible for the content of or any damage that may result from your access to or reliance on these third-party Websites. If you link to third-party Websites, you do so at your own risk.

Use of Website

Boffin Butler Pvt. Ltd., is not responsible for any damages resulting from the use of the Website by anyone. All visitors and users will use the Website only for lawful purposes and not for any illegal purpose. All visitors and users herewith agree to the following on entering the Website:

1. abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property);
2. not interfere with or disrupt the use of the Website by other visitors or users
3. not resell material on the Website;
4. not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication;
5. not engage either directly or indirectly in hacking, phishing, malware, ransomware, and bots by introducing any of them or employing such methods against the Website, its visitors or users;
6. not defame, harass, abuse, or disrupt other visitors or users of the Website.
7. not have more than one account. Maintaining more than one account by a User shall amount to fraudulent act on part of the user and attract consequences.

Licence

The visitor or Buyer using the Website is granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with their normal, non-commercial use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Boffin Butler Pvt. Ltd., or the applicable third party (if third party content is at issue).

The Seller using this Website is granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with their normal, commercial use of the Website (commercial use shall be only to sell Products or provide information on the Products and not for using the Website itself for commercial use like advertising the Website without permission from Boffin Butler Pvt. Ltd., or integrating the Website without prior permission from Boffin Butler Pvt. Ltd., in commercial dealing, etc.,). You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Boffin Butler Pvt. Ltd., or the applicable third party (if third party content is at issue).

Posting

By posting, storing, or transmitting any content on the Website (including posting, storing, or transmitting the products by the Sellers for the purpose of displaying the Product), you hereby grant Boffin Butler Pvt. Ltd., a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and licence to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Boffin Butler Pvt. Ltd., does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Boffin Butler Pvt. Ltd., is not liable for any damage or harm resulting from any posts by or interactions between users. Boffin Butler Pvt. Ltd., reserves the right, but has no obligation, to monitor interactions between and among visitors or users of the Website and to remove any content Boffin Butler Pvt. Ltd., deems objectionable or unlawful.

The visitors or users of the Website shall be solely responsible for any information, details, products, etc., posted by them on the Website and they shall ensure that Boffin Butler Pvt. Ltd., is not made responsible for such postings and such visitors or users shall keep Boffin Butler Pvt. Ltd., indemnified in accordance with this Agreement.

Customer Solicitation

Boffin Butler Pvt. Ltd., as part of the Website experience, may issue communications via messages, newsletters, emails, SMS, social media messages, personal messages on Whatsapp, Telegram, etc. The visitors and users of the Website hereby agree to receive such communications.

Unless you notify our representatives, as per the Opt-Out Procedure below, of your desire to opt-out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from Boffin Butler Pvt. Ltd., and its designated in-house call or support team(s).

Opt-Out Procedure

You can send an email to the email address provided in the Website or email sent to your email ID and opt out from all further communications.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE WEBSITE AND/OR PRODUCTS LISTED IS AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Boffin Butler Pvt. Ltd., EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS (INCLUDING TRIAL PRODUCTS).

ALL IMAGES OF PRODUCTS SHOWN ON THE WEBSITE ARE INDICATIVE AND DO NOT REPRESENT THE ACTUAL PRODUCTS. Boffin Butler Pvt. Ltd., SHALL NOT BE RESPONSIBLE FOR THE IMAGERIES AND REPRESENTATION OF THE PRODUCTS BY THE SELLERS. ALL REPRESENTATION, DESCRIPTION, CONTENT, IMAGES OF THE PRODUCTS SHALL BE THE SOLE RESPONSIBILITY OF THE SELLERS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Boffin Butler Pvt. Ltd., MAKES NO WARRANTY, INCLUDING BUT NOT LIMITED TO THE FOLLOWING WARRANTIES:

1. THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
2. THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
4. AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
5. REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.

LIMITATION OF LIABILITIES

Boffin Butler Pvt. Ltd., IS ONLY PROVIDING THE FACILITY OF BUYING AND SELLING LABORATORY SUPPLIES AND ALLIED PRODUCTS AND THEREFORE ITS LIABILITIES ARE STRICTLY LIMITED TO THE SERVICES PROVIDED BY IT.

THE ENTIRE LIABILITY OF Boffin Butler Pvt. Ltd., AND THE VISITORS OR USERS’ EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE. THE VISITORS OR USERS CANNOT MAKE ANY CLAIM AGAINST Boffin Butler Pvt. Ltd., WITH RESPECT TO THE PRODUCTS OR THE INFORMATION ON THE PRODUCTS, BUT ONLY WITH RESPECT TO THE SERVICE OF BUYING AND SELLING THE PRODUCTS.

Boffin Butler Pvt. Ltd., WILL NOT BE LIABLE IF ANY USERS PROVIDE FALSE, MISLEADING, FRAUDULENT, DANGEROUS, CRIMINAL, ILLEGAL OR UNLAWFUL INFORMATION IN THE WEBSITE OR WITH RESPECT TO Boffin Butler Pvt. Ltd. ONLY THE SAID USER SHALL BE HELD LIABLE FOR ANY SUCH ACTS OR OMISSIONS.

Boffin Butler Pvt. Ltd., WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM:

1. THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS;
2. THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT;
3. ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR
4. ANY LOST PROFITS YOU ALLEGE

LIMITATION OF LIABILITIES UNDER SPECIAL LAWS

Boffin Butler Pvt. Ltd., WILL NOT BE LIABLE IN ANY MANNER IF THE USERS FAIL TO OBTAIN REQUISITE PERMISSION UNDER RELEVANT LAWS FOR PURCHASE, SALE, STORAGE, USE, DISPOSAL, TRANSACTION, EDUCATION, DELEGATION, RENTAL OR ANY OTHER COMMERCIAL OR NON-COMMERCIAL USE OR WHILE USING THE WEBSITE FOR ANY SUCH PURPOSE.

THE USERS WILL BE SOLELY LIABLE IF THEY BUY OR SELL ANY PROHIBITED ITEMS THROUGH THE WEBSITE.

PROHIBITED ITEMS SHALL INCLUDE BUT NOT BE LIMITED TO:

• Any products or items without licence, permission or approval from Authorities under various laws wherever such permissions are required.
• Radioactive substances which are prohibited under the laws of India and for which no licence or permission has been obtained.
• Hazardous substances which are prohibited under the laws of India and for which no licence or permission has been obtained.
• Major Minerals and Minor Minerals which are prohibited under the laws of India and for which no licence or permission has been obtained.
• Harmful substances which are prohibited under the laws of India and for which no licence or permission has been obtained.
• Illegal items like smuggled items, stolen items, counterfeit articles, items which are fakes, etc.,
• Explosives or inflammable items which are prohibited under the laws of India and for which no licence or permission has been obtained.

IF THE USERS INTEND TO SELL, BUY OR TRANSACT ANY SUCH PROHIBITED PRODUCTS OR ITEMS, THEY SHALL BRING IT TO THE NOTICE OF Boffin Butler Pvt. Ltd., FIRST AND ONLY AFTER Boffin Butler Pvt. Ltd., IS SATISFIED THAT SUCH ITEMS CAN BE SOLD, BOUGHT OR TRANSACTED WITH WILL SUCH PRODUCTS BE ALLOWED TO BE DISPLAYED. HOWEVER, IF THE USERS TRY TO BUY, SELL OR TRANSACT SUCH PROHIBITED ITEMS OR PRODUCTS WITHOUT EXPRESS PERMISSION FROM Boffin Butler Pvt. Ltd., THEN THEY WILL IMMEDIATELY BE REMOVED FROM THE WEBSITE, BLACKLISTED AND/ OR DULY REPORTED AT THE DISCRETION OF Boffin Butler Pvt. Ltd.

IT WILL BE THE SOLE DISCRETION OF Boffin Butler Pvt. Ltd., TO TERMINATE THIS AGREEMENT IF THE USERS FAIL TO OBTAIN THE REQUISITE PERMISSION AND BLACKLIST SUCH USERS FROM USING THE WEBSITE. FURTHER, Boffin Butler Pvt. Ltd., WILL NOT BE LIABLE TO ENSURE THAT PERMISSIONS HAVE BEEN OBTAINED BY THE USERS. IT IS ASSUMED THAT ANY USER WHO USES THIS WEBSITE SHALL FOR ALL LEGAL PURPOSES OBTAIN NECESSARY PERMISSIONS, LICENCES, SKILL AND FOLLOW THE NECESSARY SAFETY MEASURES AND THEREFORE Boffin Butler Pvt. Ltd., WILL NOT LIABLE FOR ANY ACTS OR OMISSIONS RESULTING IN ANY LEGAL ISSUES.

Boffin Butler Pvt. Ltd., MAY TAKE NECESSARY SAFETY MEASURES IF REQUIRED FOR ASCERTAINING WHETHER THE USERS ARE LEGALLY ELIGIBLE TO USE THE WEBSITE AND THE USERS SHALL BE BOUND TO COMPLY WITH PROVIDING THE NECESSARY INFORMATION TO Boffin Butler Pvt. Ltd. (Boffin Butler Pvt. Ltd., is not required to take this step and failure to take this step cannot be held against Boffin Butler Pvt. Ltd., before any authorities, courts or forums).

Boffin Butler Pvt. Ltd., SHALL HAVE SOLE DISCRETION TO REPORT ANY ACTIVITIES WHICH MAY BE ILLEGAL, UNLAWFUL OR OTHERWISE IF IT FINDS THAT ANY CONDUCT OF THE USERS IS SUSPICIOUS. Boffin Butler Pvt. Ltd., WILL NOT BE BOUND BY ANY CONFIDENTIALITY CLAUSE, INDEMNITY CLAUSE OR ANY OTHER AGREEMENT IF THE USERS HAD, HAVE OR INTEND TO ENGAGE IN ILLEGAL, UNLAWFUL OR ANY SUCH ACTIVITY WHETHER IT IS CONNECTED WITH THE WEBSITE OR NOT.

INDEMNITY

All visitors and users of the Website will release, indemnify, defend and hold harmless Boffin Butler Pvt. Ltd., and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, compensation, costs and expenses, including reasonable attorneys' fees and expenses, of any other visitors or users or third parties relating to or arising out of:

1. this Agreement or the breach of your warranties, representations and obligations under this Agreement;
2. the Website content or your use of the Website content;
3. the Products or your use of the Products (including Trial Products);
4. any intellectual property or other proprietary right of any person or entity;
5. your violation of any provision of this Agreement; or
6. any information or data you supplied Boffin Butler Pvt. Ltd.

When Boffin Butler Pvt. Ltd., is threatened with suit or sued by any other visitor or user or third party, Boffin Butler Pvt. Ltd., may seek written assurances from you concerning your promise to indemnify Boffin Butler Pvt. Ltd., and your failure to provide such assurances may be considered by Boffin Butler Pvt. Ltd., to be a material breach of this Agreement. Boffin Butler Pvt. Ltd., will have the right to participate in any defence by you of any claim related to your use of any of the Website content or Products, with counsel of Boffin Butler Pvt. Ltd., choice at your expense. Boffin Butler Pvt. Ltd., will reasonably cooperate in any defence by you against claims arising from this Agreement at your request and expense. You will have sole responsibility to defend Boffin Butler Pvt. Ltd., against any claim, but you must receive prior written consent from Boffin Butler Pvt. Ltd., regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.

PRIVACY

Boffin Butler Pvt. Ltd., believes strongly in protecting user privacy and providing you with notice of use of data. Please refer to the Boffin Butler Pvt. Ltd., privacy policy that is posted on the Website.

MISCELLANEOUS

Force Majeure

Boffin Butler Pvt. Ltd., will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, epidemic or pandemic (including but not limited to COVID-19 or any such bacteria or viruses either natural or man-made), natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

Cessation or Change of Operation

Boffin Butler Pvt. Ltd., may at any time, in its sole discretion and without advance notice to you, cease operation or change its mode of operation of the Website and distribution of the Products.

Entire Agreement

This Agreement comprises the entire agreement between you and Boffin Butler Pvt. Ltd., and supersedes any prior agreements pertaining to the subject matters contained herein.

Effect of Waiver

The failure of Boffin Butler Pvt. Ltd., to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

Severance

If any provision of this Agreement is found to be unlawful or invalid, then except such provision in this Agreement all other provisions shall continue to remain valid. When there is a conflict with respect to any of the provisions in this Agreement or any provision which has material effect is termed unlawful or invalid then the spirit or intention of the Agreement shall be saved by reading the Agreement as a whole.

Governing Law and Jurisdiction

The Website originates from Chennai, Tamil Nadu, India. Therefore, this Agreement will be governed by the laws of the State of Tamil Nadu and the laws of India without regard to its conflict of law principles to the contrary. Neither you nor Boffin Butler Pvt. Ltd., will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in Chennai. Only the Courts of Chennai shall have jurisdiction to entertain all disputes under this Agreement. By using this Website or ordering Products, you consent to the jurisdiction and venue of the Court in Chennai in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement.

Dispute Resolution

Notwithstanding anything contained in this Agreement

1. All disputes between the Users (Buyer or Seller) and Boffin Butler Pvt. Ltd., shall be settled between Users and Boffin Butler Pvt. Ltd., in an amicable manner. If in the event amicable settlements have failed then the Users and Boffin Butler Pvt. Ltd., shall refer their dispute to Arbitration by a sole Arbitrator./li>
2. Arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996.
3. The Arbitration proceedings shall be conducted in English.
4. The place, seat and venue of Arbitration shall be Chennai, Tamil Nadu.
5. The Arbitration Clause shall not be applicable to the visitors to this Website.

Limitation

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Termination

Boffin Butler Pvt. Ltd., reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Boffin Butler Pvt. Ltd., may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Boffin Butler Pvt. Ltd., reserves the right to exercise whatever means it deems necessary to prevent unauthorised access of the Website. This Agreement will survive indefinitely unless and until Boffin Butler Pvt. Ltd., chooses, in its sole discretion and without advance to you, to terminate it.

Domestic Use

Boffin Butler Pvt. Ltd., makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

Assignment

You may not assign your rights and obligations under this Agreement to anyone. Boffin Butler Pvt. Ltd., may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.