Terms Of Service & Privacy Policy

 

Terms Of Service

 

Please read these Terms of Service (ToS) carefully and click the “I Accept” button at the end of the document once you accept the terms and conditions referred herein. You may avail our services only if you accept this ToS. This Terms of Service forms a valid binding contract between You and COREPLATFORM TECHNOLOGY PRIVATE LIMITED. If you are not sure or if you do not accept a part or the entire terms mentioned herein, you shall not access our services under any circumstances. Your use of our service shall be deemed as your acceptance of this ToS.

Table of Contents

1. Introduction

2. Registration

3. User Account

4. User Representations and Obligations

5. Intellectual Property

6. Disclaimers and Warranty

7. Indemnification

8. Limitation of Liability

9. Suspension and Termination

10. Violations

11. Modification

12. Assignment

13. Dispute

14. Grievances

1. Introduction

1.1 Buktym Business is a booking engine application which provides customer appointment-booking management and allied solutions (hereinafter “Services”) through the convenience of a mobile application which caters to multiple businesses.

1.2 The mobile application software Buktym has been developed by COREPLATFORM TECHNOLOGY PRIVATE LIMITED a company incorporated in India, having its registered office at 48 207A Thundathil 101 Dream Flower Bonita Aprts Green Ripple Rd Elamakkara Kochi Ernakulam KL 682026 IN, which hold the ownership of all intellectual rights in Buktym and its Services including the web based application software. The terms “Buktym”, “Mobile App”, “Web App”, “We”, “Us” or “Our” shall mean and include [company name]. The terms “You”, “yours”, “User” shall mean to include the business or professional service provider who is a registered user of Buktym and utilises its Services.

1.3 This ToS shall come into effect upon registration and activation of Your account and on registration, you may avail the Services, subject to the terms and conditions of this ToS.

1.4 Any and all documents referred in this ToS through external reference including but not limited to the Privacy Policy and terms and conditions of third party service providers, shall form part of this ToS. By registering on Buktym and/or utilising the Services, You hereby unconditionally agree to be bound by this ToS and all the terms herein including the policies, disclaimers etc., which are incorporated herein by way of reference and if You do not agree to any of the terms, You shall not use the Services and use of the Services shall be deemed acceptance of the terms. 

2. Registration

2.1 Registration is mandatory. You hereby unconditionally accepts and consents to the registration to avail the Services. You may contact enquiries@coreplatformtech.com for more details on the registration process and pricing. Buktym is currently available for free; however we reserve the rights to introduce charges at a later date at our sole discretion and pricing changes shall be periodically updated here. The changes or revisions in the registration process and procedures shall be periodically updated under ToS. We reserve the right to refuse the Service to anyone for any reason at any point of time without assigning reasons.

2.2 Eligibility:
The following criteria determines your eligibility for registering on Buktym:

a. You should be a Business owner or a Professional service provider providing services which can be booked or scheduled in advance when the service needs to be performed. Current businesses we support include but are not limited to Salons, Spas, Tattoo parlors etc.

b. You should be an individual who is above 18 years of age and who is competent to enter into a valid contract as per the Indian Contract Act, 1872 to register. Persons who are ‘incompetent’ to contract, including minors, undischarged insolvents etc., are not eligible to register or utilise the Services.

2.3 For registration, you should provide the details such as your phone number, full name and email ID, business location.

3.User Account

3.1 Upon completion of registration, you can proceed to create your business account with Buktym. For creating your business account, you shall provide details such as name of your shop, address, type of business and service provided, trade license details, business phone number, email Id website etc. Only one business account per registration is allowed on the App. However, you can create accounts for your authorised staff and professionals under the same business through our web application /professional applications. Such accounts can be linked to your business which would enable your staff/professionals to perform the functions like booking and cancelling through those accounts. You shall be responsible for the safekeep of your account credentials. We shall not be responsible for any consequences relating out of misuse of credentials, loss/theft of password etc and you shall be solely liable for all outcome related to the same.

3.2 Once your account is properly set up, you can start using our Services for creating and managing appointments of your customers/clients.

4. User Representations and Obligations

4.1 Once registered, you shall update your account with your business details including name of your shop, address, type of business and service provided, trade license details, business phone number, email Id website etc.

4.2 You shall be entirely responsible for keeping your client’s appointment details updated on your account, in situations including but not limited to offline or direct bookings, unavailability of service due to holidays etc. We shall not be responsible for any loss/ damages incurred to end customers due to improper updation. Buktym shall not be liable for outcomes relating to improper or incorrect entries or updations from your end.

4.3 You hereby unconditionally agree that you will not post or transmit, or let any of your staff on your behalf post or transmit, via Buktym:

a. any contents or materials containing profanity;

b. any contents or materials which are false, inaccurate or misleading;

c. any material containing viruses or other malicious /harmful codes currently known or futuristic, or any other disruptive or harmful components;

d. contents that contain cyber bullying, spams, junk or other related material;

e. any false, defamatory, inaccurate, libellous, tortuous, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane, sexually oriented, pornographic, child pornographic, harmful to minors, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities and/or objectionable materials and contents;

f. any contents or material which may infringe or misappropriate any third party’s copyright, patent, trademark, trade secret or other proprietary rights unless you obtain rights therein;

g. contents that violates or infringes the privacy or publicity or other rights of any party;

h. materials or contents that violates copyright, trademark, or other intellectual property rights;

i. contents that contain advertisement, solicitations, links to illegal activities including but not limited to money laundering, gambling, prostitution, drug, child trafficking etc;

j. contents or materials that hurts the religious sentiments or instigate hatred between communities, castes, people following different religious beliefs or any material which threatens the unity, security, defence, integrity or Sovereignty of India; threatens 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 any foreign States;

k. any content or material which violate any law or statute; or which violates consumer protection, engages in unfair competition, anti-discrimination or false advertising etc;

l. contents that are patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person

m. any content or material which could be harmful or potentially harmful to our server structure (or that of our third party service provider) as determined at our sole discretion, including without limitation overloading our technical infrastructure.

n. Any other content which is considered as illegal in the jurisdiction of your domicile, if you are residing outside India.

4.4 You hereby unconditionally agree that you shall use this Service only for legal and legitimate purposes and in compliance with this ToS and that the Services shall be used only in connection with your business.

4.5 You shall not, while utilising the Services:

a. Access, tamper with, penetrate or use – Our servers, computers, (including those of our 3rd party service providers), or other parts of the Buktym software which do not for part of the Service.

b. Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

c. Interfere with, or disrupt, (or attempt to do so), the access of any other User, or other registered customers/clients of Buktym, including, without limitation, sending a virus, malicious code, overloading, flooding, spamming, the Services, or by scripting the creation of your business/shop content in such a manner as to interfere with or create an undue burden on the Services.

d. Decompile, decrypt, reverse engineer, disassemble or otherwise reduce the Application to human-readable form, or to permit third parties to do the same.

e. Sublease your account to third parties.

f. Do any other acts which is considered as illegal in India and in the jurisdiction of your country/state if you are residing outside India.

5. Intellectual Property

5.1 [company name] shall be the sole and exclusive owner of Buktym and its Services. All Intellectual Property rights of any third party service utilized remains with its respective owners. You shall not under any circumstances have any claim to any intellectual property rights in any part of the Services with the exception of the contents uploaded by you. You shall not misuse or use the trademarks and copyrights of Buktym without proper written authorisation.

5.2 All trademarks, logos, and service marks displayed on Buktym and the buktym.com are registered and unregistered Trademarks of COREPLATFORM TECHNOLOGY PRIVATE LIMITED and/or third parties who have authorized their use (“Trademarks”) and You shall not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. All of the materials contained on Buktym are copyrighted except where explicitly excluded otherwise. In the event of any violation of the intellectual property rights of Buktym, the same shall be viewed seriously and we reserve our discretion to initiate appropriate legal action including criminal prosecution.

5.3 All rights pertaining to your contents belongs to you or their respective IP rights holders. We do not claim any rights whatsoever in your contents. You shall be solely responsible for creating, managing, editing, reviewing, deleting and otherwise controlling any and all of your contents displayed on or in connection with account on Buktym. We shall give you complete discretion over your content, subject to the terms set out in this ToS. It shall be your responsibility that the contents must not infringe applicable laws or regulations or breach any of the terms in this ToS.

5.4 We shall not be liable for any third-party claims on Intellectual Property rights with respect to any contents.

5.5 You hereby provide us with world-wide non-exclusive royalty free sublicensable license to use and publish your content including your business detail on Buktym, which may in future be viewable to your customers and third parties who use our App.

6. Disclaimers and Warranty

6.1 EXCEPT AS PROVIDED AND STATED IN THIS ToS, AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WE MAKE NO CLAIMS, WARRANTIES OR REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, AND WE EXPRESSLY WAIVE AND DISCLAIM ANY AND ALL IMPLIED CLAIMS, WARRANTIES AND REPRESENTATIONS OF SERVICES, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, WITH RESPECT TO THE SERVICE WE PROVIDE.

6.2 This App is only meant as a booking/appointment management tool for your business/service. We do not warrant any level of success with respect to your business.

6.3 We do not guarantee an uninterrupted Service as the uptime depends on several factors beyond our control including but not limited to your internet connection, its speed and availability, availability of hardware requirements at your end viz., computer, smartphone etc., electricity, uptime of AWS (the cloud service where we have hosted our applications) etcetera. Services may also be interrupted by software errors/bugs, during software maintenance, or when some of the contents you post does trigger Our (including our service provider’s) malicious code and virus blocking system and we take no responsibility of such interruptions even in cases of false triggers.

6.4 We shall not be liable for any default or interruption in Services attributable to events beyond our reasonable control. Such events (the “Force Majeure Events”) shall include but not be limited to acts of God, fires, explosions, accidents, unusually severe weather conditions, embargoes, wars, riots, labour disputes, strikes, governmental requirements, hacking, server mal-functioning pandemic, epidemics, lockdowns, quarantine and travel restrictions, and any other events beyond our control.

7. Indemnification

7.1 You hereby agree to indemnify, defend, and hold Buktym and our affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute, or demand related to the use of the Service and for violation of any of the provisions of this ToS, or from your placement or transmission of any materials or content onto the our (our service provider’s) servers. Such liabilities may include, but are not limited to, those arising from the following: (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; and/or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (iv) any damage or destruction to Buktym’s scripts/servers/equipment or to any of our clients, which damage is caused by or otherwise results from your acts or omissions including those using your account; (v) any personal injury or property damage arising out of your activities related to the services provided or products marketed/ sold; and (vi) any other damage arising from Your actions or omission or your business.

8. Limitation of Liability

8.1 You shall be solely responsible for the consequence of the use of the Services.

8.2 We shall not be liable for any indirect or consequential loss, damage, cost or expenses of any kind, whatever and however caused whether arising under contract, tort (including negligence) or otherwise, including loss of production, loss of or corruption of data, loss of profit or of contracts, loss of operation time or loss of goodwill or anticipated savings, even if the We were advised of their possibility.

8.3 It is hereby made clear that our total liability (whether in contract, tort, including negligence, or otherwise) under or in connection with this ToS and any other agreement with you relating to the Services or based on any claim for indemnity or contribution shall not exceed

9. Suspension and Termination

9.1 In the event of any violation of the provisions of this ToS or on reliable written complaint from third parties alleging disparaging content or intellectual property violation, then Buktym at its sole discretion after intimating you in writing with or without any reasons adduced, may suspend the Services or terminate your account.

9.2 Suspension shall specifically include the disabling of your Account and/or any access to information or data related to your account for such periods as mentioned in clause 9.3 below.

9.3 In the event of any such suspension you will be notified and given an opportunity to correct such breach. In the event that such breach is not corrected within ten (10) days of the receipt of such notice the account may be terminated.

9.4 Once terminated, we shall keep your data for a maximum period of 7 for our accounting purposes.

9.5 You may at anytime terminate the services by deleting your account and uninstalling the App.

10. Violations

10.1 Notwithstanding anything contained anywhere else in this ToS, and notwithstanding and in addition to other remedies available, we reserve our rights to initiate legal actions against you including but not limited to initiating criminal actions where applicable and claim damages in case you violate the terms of this ToS.

11. Modification

11.1 You agree that we may modify these terms and conditions at any time and we shall as far as possible provide you with a prior notice of such changes. In case you do not agree to any of the modified terms, you shall immediately stop using our Services. Your continued use shall be deemed as your acceptance of the modified terms.

12. Assignment

12.1 This Service is being provided to You. You do not have the permission and you shall not assign the Service to a third party for any reasons whatsoever.

12.2 Buktym may assign the entire or a portion of responsibility of providing the Services, to its affiliates, associates including subsidiary, parent company or sister concerns or third party service providers without any notice to you provided such assignment will not cause any interruption in the Services.

13. Dispute

13.1 Any dispute, differences or controversy of whatever nature howsoever arising under or out of or in relation to this ToS (including its interpretation) shall, in the first instance be attempted to be resolved amicably by conciliation, and if not resolved by conciliation shall be finally decided by reference to arbitration subject to the provisions of the Arbitration and Conciliation Act, 1996. The sole Arbitrator shall be appointed by Buktym. The venue of such Arbitration shall be Ernakulam , Kerala, India and language of Arbitration shall be English. The Arbitrator shall make a reasoned award (the “Award”) and such award shall be final and binding on the Parties.

13.2 This ToS shall be governed by and construed in accordance with the laws of the Republic of India. In any case, for supervisory and injunctive relief, this Agreement and any dispute arising out of this Agreement shall be subject to jurisdiction of Ernakulam, Kerala, India. The Courts in Ernakulam Kerala, India will have the exclusive jurisdiction to govern the provisions of this ToS.

13. Grievances
If you have any grievances regarding the Services, or if you wish to report any violation against a User, please contact us on: enquiries@coreplatformtech.com

 

Privacy Policy

 

This Policy applies to all Registered Users of Buktym and shall form part of the Terms of Service (ToS). You are requested to read this document carefully and click the “I Agree” button. You shall not use our services if you do not agree with our privacy policy. The definitions and abbreviations used in the ToS are also applicable in this Policy.

 

Table of Contents

1. Information We Collect

2. Purpose of collection

3. Sharing your Information

4. Storing your information

5. Your rights

If you are domiciled outside India, you hereby voluntarily and expressly grant your permission and consent to store your data including but not limited to your personal data in India. In case you do not consent to this, please refrain from registering or using our Service

1. Information We Collect

1.1 During the time of registration, you have to provide us with your personal data including full name, phone number, and email ID. For creating your professional/business profile, we would require additional information like business name, address and location, business phone number, business email, website etc. Additionally, we would also require your business license/registration number, list of services you provide, your fees for providing the services, facilities available, your work schedule/shop timings.We validly assume that you have obtained the consent of the respective owners when you provide us with their personal details, for eg., when you add details of a professional from your business establishment, you are required to obtain his/her consent.

1.2 Log data information: We may collect certain information like your IP address, device details like device name and model, operating system version, date and time of usage of the Buktym App, other statistics and configuration in the App while it is being used on mobile or on the web browser (through third party/AWS products). This is to debug issues identified while the App is in usage and to fix any subsequent bugs so that the user experience in the App can be improved.

1.3 Cookies: We may use cookies which are unique identifiers, when you use browser to access our web application. Buktym App may use third party plugin on your browser, and codes or libraries in the Application may use cookies, to collect information of your system, browser version, browsing habits, etc and improve the service that App provides. You may, at your discretion, opt to disable the cookies on your browser if your browser is capable of the same. If you chose to disable the cookies, you may not be able to use some portions of this App/Service

1.4 Financial Details:
For subscribing to our services, you can make payments online and you would be required to key in your financial details like your internet banking details, credit card details etc., to our third party payment gateways that we associate with.

2. Purpose of collection

2.1 We require your personal details like full name, phone number, email ID etc for registration purpose, to ascertain your identity and to facilitate the execution of a valid e-contract between Buktym and you.

2.2 Additional details are mandatory for the creation of your Business profile. The additional details we collect are meant for publishing/listing your business in the Buktym customer App and your profile shall be viewed by Buktym customers. The Buktym customer App (which shall be launched shortly) enables your customers to view the local businesses and make online booking right from the application.

2.3 Your log in details and information gathered through cookies are mainly used to optimise the Application for your system/mobile device and to improve our services. Information collected by cookies, codes and plug-ins are only used for improving our services.

2.4 Your financial details may be collected by our third-party payment gateway/ aggregator solely for the purpose of enabling online payments. We do not directly collect, nor do we store or view your financial data. You may view the terms and conditions of our payment aggregator along with their privacy policy here, to get a better understanding of how they use and store your data. These details are not shared with us, and we do not store your banking or credit card details at any point of time.

3. Sharing your Information

3.1 Once we launch the Buktym Customer App, your Business details (and personal details, if you are a professional) shall appear on search results based on preferences/criteria set by individual users and can be viewed by such users of Buktym Customer App. By registering on Buktym, you hereby provide us consent to publish your details on our Application, at our for the sole purpose of a listing your business and facilitating online booking /appointment of your services. As of now, the Buktym Customer App is in beta phase and we do not share your data with any users.

3.2 We may employ third-party companies and individuals to facilitate our Service, to provide Service on our behalf, to perform Service related maintenance and support, to assist us in analysing how our Service is used. Our third party service providers including but not limited to our software service provider may have access to your data especially while carrying out regular maintenance/ support services of Buktym. However, we do have a strict Non-Disclosure Agreement with such providers and their staff to protect your data.

3.3 We may share your personal information with national/ state security authorities, law enforcement agencies, and or judicial and quasi judicial authorities upon a demand made by them and upon ensuring that such demand is backed by legal authority (eg., warrant). We may also share your information to such authorities mentioned above if we believe it is in the best interest of the general public (eg., to assist in a criminal investigation, or in the interest of national security/public safety).

3.4 Other than what is mentioned in this Privacy Policy, we do not share any details to any third party.

4. Storing your information

4.1 We are committed to protecting your personal information. We store your information on Amazon Web Services ( Mumbai Cluster) a reputable third party cloud storage provider.

4.2 We shall protect your personal information in our possession or our control by making reasonable security arrangements to prevent unauthorized access, collection, use, disclosure, copying, modification, disposal or similar risks. Similarly, AWS, our cloud service provider uses state of the art encryption and other security measures recognized as “Industry Standard” internationally, to protect the data. You shall be bound by the terms and conditions of AWS, the link of which is provided here.

4.3 However, you understand and acknowledge that despite all security measures, internet traffic is susceptible to intrusions and no information passed through online medium, or method of electronic storage is absolutely safe and hence, we cannot ensure or warrant the 100% security or reliability of any information you transmit to us, and you further understand and acknowledge the risk involved. Further, we shall not be liable for any actions or omissions or any security issues attributable to our cloud service provider.

We shall not in any way be liable for reasons beyond our control including but not limited to Force Majeure events like fire, flood, earthquakes, explosions, epidemics, pandemics, lockdowns, quarantine restrictions, embargoes, government actions, war, strikes, disruptions; hacking, virus and other malicious codes etc.

4.4 If you are domiciled outside India, you hereby voluntarily and expressly grant your permission and consent to store your data including but not limited to your personal data in India. In case you do not consent to this, please refrain from registering or using our Service

5. Link to third party sites

5.1 Buktym (mobile or Web Application) may contain links to third party/ external sites. Once you click such links, you shall be re-directed to such external locations, which we do not have any control of. Be advised that clicking on such links shall be at your own risk and we shall not be liable for any damages or loss incurred therewith. It is always recommended to exercise caution and to go through the privacy policies and terms of service of such external sites.

6. Your rights

6.1 You have the right to request access to, amend and/or withdraw consent given for the collection, use or disclosure of your personal information that may be held by us. We will take all reasonable steps to comply with the request. However, please note that we may not be able to provide you our services without such information.

If you have any queries regarding the information collected, please write to us at: enquiries@coreplatformtech.com