Terms of Use

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE

Acceptance of terms

Brightstone maintains this website and any related mobile application and any and all services and content provided by or on behalf of Brightstone in connection therewith (collectively, the “Site“) for your personal use. Your access to and use of this Site is subject to the following Terms of Use. Brightstone reserves the right to update these Terms of Use from time to time. If you have previously electronically signed these Terms of Use, we will require your electronic signature to any updated version as a condition of your continued use of the Site. The most current version of the Terms of Use may be accessed by clicking on the “Terms of Use” hypertext link located at the bottom of the Site. By using this Site, you accept, without limitation or qualification, the current version of these Terms of Use. If you do NOT agree to these Terms of Use, please do NOT use this Site.

If you accept these Terms of Use on behalf of a legal entity (such as a company), you represent and warrant that you have the authority to bind that entity to these Terms of Use and in such event the words “you,” “your” and similar terms will apply to such entity as well as you individually.

Registration

To use certain portions of the Site, you will be required to register with us and create an account. In some cases, your ability to review certain information may be conditioned on your agreement to an online contract protecting the confidentiality of information made available to you (“NDA”). You agree to provide and maintain true, accurate, current and complete information about yourself and/or your company during the registration process and to update such information as needed to maintain its accuracy and completeness. Once you have registered and chosen a password, you may not provide your password(s) to anyone else and must maintain the confidentiality of your password(s) used for the Site. In order to protect the Site and its information, you must immediately notify Brightstone of the termination or other departure of any of your employees to whom a password or other login authorization has been provided for the Site so that we may properly disable that person’s access. You must also immediately notify Brightstone of any unauthorized use of your account. You are solely responsible for all usage and activities under your account, whether or not you authorized such usage or activities.

Services description

The Site includes various services provided by or on behalf Brightstone in connection therewith (“Services”).

Accuracy and completeness of information

Brightstone strives to provide accurate and reliable information on this Site. However, we cannot guarantee the absolute accuracy, correctness, or reliability of all content. This is particularly important to note as we may use Artificial Intelligence (AI) and other automated technologies to generate various types of content on this Site, including but not limited to product descriptions, photos, articles, and marketing materials.

Modification of Site

Brightstone will periodically revise the information, Services and resources contained in or available through this Site and reserves the right to make such changes without any obligation to notify past, current or prospective visitors.

Your use of the Site

You may download content for non-commercial, personal use only, provided copyright, trademark or other proprietary notices remain unchanged and visible. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You agree that you will not otherwise copy, modify, alter, display, distribute, sell, broadcast or transmit any material on the Site in any manner without the written permission of Brightstone.

No unlawful or prohibited use

As a condition of your use of the Site (including the Services), you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use or any applicable laws. Without limiting the foregoing, you may not:

  • send automated queries of any kind to the Site without the express, advance, written permission of Brightstone, which includes, among other things: using any software that sends queries to the Site to determine how a website or web page “ranks” for various queries, “meta-searching,” and performing “offline” searches on the Site;
  • use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, except for legitimate search engine activities;
  • use the Site (including any Services) for the purposes of any advertisement unrelated to permitted Listings;
  • systematically retrieve data or other content from the Site (including any Services) to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
  • use, display, mirror or frame the Site, or any individual element within them, Brightstone’s name, trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site;
  • access, tamper with, or use non-public areas of the Site, the Brightstone computer systems, or the technical delivery systems of our providers; or
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Brightstone or any of our providers or any other third party (including another user) to protect the Site (including any Services).

Unsolicited submissions

Brightstone does not accept or consider any creative ideas, suggestions or materials from the public (“Submissions“), therefore, you should not make any Submissions to Brightstone. If you do send us a Submission, despite our request not to do so, then such Submission will be considered non-confidential and non-proprietary and shall immediately become the property of Brightstone. Brightstone shall exclusively now and hereinafter own all rights, title and interest therein. Brightstone will be free to use any Submissions for any purpose whatsoever.

Data Privacy

Brightstone’s use of any personal information you submit to the Site is governed by Brightstone’s Privacy Statement.

Disclaimers

By using the Site and the Services, you understand and agree that:

  • No content on the Site is intended to constitute a recommendation or professional advice. Brightstone and those posting or otherwise providing information, services, or material in connection with the Site are not responsible or liable for any consequences relating directly or indirectly to any action or inaction you take based on the information, services, or other content on the Site.
  • Brightstone tries to keep the Site secure and functioning properly but cannot guarantee the continuous operation of or access to the Site and Services. The Site’s functionality may be subject to interruption or delays. Brightstone makes no representation or warranty that the Services (including any Listings) will meet your requirements or comply with applicable law, custom or practice, that the Services will be uninterrupted, secure, current, or error-free, that the results that may be obtained from the use of the Site (including the Services) will be accurate, timely, useful, or reliable, or that the quality of any Listings, products, services, information or other content obtained by you through the Site will meet your needs.
  • Any content, files, or data obtained through the use of the Site is obtained at your own discretion and risk and you will be solely responsible for any damage to computer systems or for loss of data that results from the download or use of any such material.
  • No information, suggestions, or results of any algorithm, whether oral or written, obtained by you from the Site (including through or from the Services) shall be subject to or create any warranty not expressly stated in these terms.

THE SITE IS PROVIDED ON AN “AS IS” BASIS. BRIGHTSTONE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BRIGHTSTONE DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE SITE (INCLUDING ANY CONTENT), INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THE SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS SITE OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE.

Limitation of liability

In no event and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Brightstone be liable for any direct, indirect, special, incidental or consequential damages arising out of our operation of the Site (including any decisions with respect to content and functionality contained on the Site), any accounts for use of the Site (including any termination, limitation, or impairment of such accounts for any reason), or any use of the Site (including the Services) or information contained on the Site , including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction.

Some jurisdictions do not allow the limitation or exclusion of liability for indirect, incidental, special, consequential, exemplary or punitive damages, so some of the above limitations may not apply to you. In that case Brightstone’s liability will be limited as provided in the following paragraph or (if applicable law mandates greater liability for such damages) to the maximum extent permitted by law.

Indemnification

You agree to defend, indemnify and hold Brightstone and its affiliates and licensors harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from and related to your use of the Site.

Content; Limited license

The contents of the Site (“Content”) are intended for the limited use of our users. All right, title and interest in and to such content (other than your trademarks, service marks, names and similar property of yours, or any content posted to the Site by you as an Owner), including without limitation, to the Site’s look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by third parties, are the property of Brightstone or its licensors and are protected by copyright, trademark, patent or other proprietary rights and laws.

We hereby grant you a personal, nonexclusive, nontransferable, revocable, limited license to view, print, cache and store Content as retrieved from the Site via a generally available consumer web browser, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Site or remove or obscure the copyright notice or other notices displayed within the Content. You may not reproduce, print, cache, store or distribute any Content, in any way, for any commercial use without the prior written permission of Brightstone or the copyright holder identified in the relevant copyright notice.

Except as expressly provided in these Terms of Use, nothing contained in these Terms of Use or on the Site may be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of Brightstone’s content or under any third party’s content. Any rights not expressly granted herein are reserved. Except as otherwise expressly agreed in writing by Brightstone, you may not copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer, or create derivative works based on the Site or any Content (including without limitation, any software).

Copyright notice

Unless otherwise noted, the graphic images, buttons, text and other Content contained in this Site are the exclusive property of Brightstone and its licensors. Except for personal use, these items may not be copied, distributed, displayed, reproduced, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without prior written permission of Brightstone, or where applicable the third-party licensor and/or owner of the Content.

Trademarks

This Site features logos, brand identities and other trademarks and service marks (collectively, the “Marks“) that are the property of, or are licensed to Brightstone and its subsidiaries. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on this Site without written permission of Brightstone or any such third party that may own a Mark displayed on the Site.

Owner Content

Brightstone may, in its sole discretion, permit Owners to post, upload, publish, submit and transmit Content and information (collectively, “Owner Content”) to the Site. If you are an Owner, by providing Owner Content to any portion of the Site, you grant to Brightstone a perpetual, royalty-free, revocable, worldwide, non-exclusive license (with the right to sublicense to users) to reproduce, adapt, translate, publish, publicly perform and display, distribute, create derivative works from, store and otherwise use your Owner Content for any purpose (whether promotion, marketing, commercial or otherwise), on or in connection with the Site (including the Services). You are solely responsible for the Owner Content you provide. Brightstone will not be liable for any third party use of your Owner Content. You represent and warrant that: (a) you have the right to provide your Owner Content and grant the licenses above and (b) neither your Owner Content nor your posting, uploading, publication, submission or transmittal of your Owner Content or Brightstone’s use of your Owner Content (or any portion thereof) on, through or by means of the Site (including the Services) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Brightstone does not claim any ownership rights in any of your Owner Content and nothing in these Terms of Use may be deemed to restrict any rights that you may have to use and exploit your Owner Content.

Brightstone has the right, but not the obligation, to take down any Owner Content in its sole discretion, or to terminate or suspend your account for reasons related to your Owner Content for your failure to comply with these Terms of Use, whether in response to any third-party’s take-down notice or otherwise. You agree that should any third-party make any claims or threats against Brightstone that are inconsistent with your representations and warranties above concerning your Owner Content or that are based on your posting of Owner Content in violation of these Terms of Use, you will indemnify Brightstone and its affiliates and their respective officers, directors, employees and agents, for any payments as a result of those claims or threats, including without limitation, settlements, judgments and all attorneys’ fees and costs. Brightstone will promptly notify you of all such claims and threats and Brightstone will not settle any such claims or threats in a way that imposes any liability upon you (other than your indemnity obligation) without your prior written approval. You will have the right to defend such claims and threats using counsel of your choice (subject to Brightstone’s approval, not to be unreasonably withheld, conditioned or delayed). You further agree that Brightstone will not be liable to you in any way and that you will not seek either monetary or injunctive relief for Brightstone removing any Owner Content, or, in its sole discretion, terminating or suspending your account, regardless of whether you incur costs or damages due to such actions.

As an Owner you agree that you will not use the Services to post, upload, publish, submit or transmit any content that: (a) is defamatory, obscene, pornographic, vulgar, or offensive; (b) promotes racism, bigotry, hatred or physical harm of any kind; (c) harasses or advocates harassment of another person; (d) is false, misleading, or deceptive; (e) promotes, copies, performs, or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright, trademark, trade secret or other intellectual property law; (f) is involved in the exploitation of minors, or solicits personal information from such persons; (g) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; (h) violates the contractual, privacy, or other rights of any third party; (i) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; or (j) otherwise violates these Terms of Use or imposes liability on us to third parties.

Brightstone has the right, but not the obligation, to preview, review, screen, flag, filter, edit, refuse, or remove any or all Owner Content either by itself, through third parties, or via its community of users, in its sole discretion or subject to any rules or algorithms it may choose to employ.

Intellectual property violations; Infringement policy

Brightstone takes intellectual property issues seriously and has a policy to respond to notices of alleged infringement that comply with applicable intellectual property law and to terminate the accounts of repeat infringers. Our policy is set forth below.

It is the policy of Brightstone to respond to clear and adequate notices of alleged copyright and trademark infringement. Regardless of whether Brightstone would be found to be liable for such copyright or trademark infringement under law or the laws of the applicable country, we may respond to allegations of such infringement by removing or disabling access to content that is claimed to be infringing or by terminating particular subscribers’ ability to access the Brightstone website and services. In the event that we terminate access to the Brightstone website or remove content in response to such a notice, we will make a good-faith effort to contact the allegedly infringing person or entity in order to permit them to make a counter-notification.

Please note that, in the event you materially misrepresent that a particular material or activity is infringing your copyright or trademark, you may be liable for all damages incurred (including costs and attorneys’ fees) as a result of such material misrepresentation. Accordingly, we suggest that you contact an attorney before notifying Brightstone of alleged infringement if you are not certain whether particular content is infringing your copyright or trademark.

Infringement Notice

If you believe that your copyright or trademark is being infringed on the Site, please send us a written notice that must include the following information:

  1. an identification of the copyrighted or trademarked work that you believe has been infringed;
  2. an identification of the allegedly infringing content within the work listed in item #1 above and sufficient information to permit Brightstone to identify it on the Site (including, but not limited to, the web address of the webpage that you allege contains the infringing material);
  3. a statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law;
  4. a statement by you that you swear and attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright/trademark owner or authorized to act on the owners’ behalf of an exclusive right that is allegedly infringed; and
  5. your signature (in either electronic or physical form), along with your name, address, telephone number and, if available, email address.

Counter-Notice

If you believe that your content should not have been removed for alleged copyright or trademark infringement, you may send us a written counter-notice for Brightstone to consider in accordance with applicable laws. Such counter-notice must include the following information:

  1. an identification of the work that was removed or disabled and the location (such as a web address) of the website on which it would have been found prior to its removal;
  2. a statement by you that you swear and attest, under penalty of perjury, that you have a good faith belief that the search result and/or content was removed or disabled as a result of a mistake or misidentification (and, for trademark disputes only: information reasonably sufficient to explain why you believe you are not infringing the trademarked work);
  3. your signature, in either electronic or physical form, along with your name, address telephone number and, if available, email address.

It is our policy to respond to all adequate notices we receive and to comply with the provisions of applicable law. Brightstone reserves the right, in its sole discretion, to remove any content that is alleged to infringe any copyright or trademark without prior notice and to terminate the account of any user who Brightstone has determined to be a repeat infringer. As also provided under the “Limitation of Liability” section above, you agree that Brightstone will not be liable to you in any way for any removal of content posted by you or any termination or suspension of your account.

Please send or email all infringement notices and counter-notices to the following address: legal@brightstone.co.in

Links to third-party sites

As a convenience to users, this Site may link to other sites owned and operated by third parties and not maintained by Brightstone. However, even if such third parties are affiliated with Brightstone, Brightstone has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of Brightstone. Brightstone is not responsible for the contents of any linked sites and does not make any representations regarding the content or accuracy of material on such sites. Viewing such third-party sites is entirely at your own risk.

Cautionary language regarding forward-looking statements and Currency Exchange Rates

This Site may contain statements, estimates or projections that constitute “forward-looking statements”. Any such forward looking statements are inherently speculative and are based on currently available information, operating plans and projections about future events and trends. As such, they are subject to numerous risks and uncertainties. Actual results and performance may be significantly different from Brightstone’s historical experience and our present expectations or projections. Brightstone undertakes no obligation to publicly update or revise any forward-looking statements.

Although Brightstone makes reasonable efforts to update the currency exchange information on this site, we are not an official source and the amounts on this site should only be used as an approximation. Brightstone makes no representation or warranty as to the accuracy or timeliness of exchange rate-based pricing, nor will Brightstone be responsible for any decisions based thereon.

Jurisdiction

Brightstone maintains and operates this Site from its offices in DelhiIndia. These Terms of Use are governed and interpreted under the laws of the land. By using this site you consent to the jurisdiction of the courts located in Delhi for any action arising from these Terms of Use. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises. If any portion of these Terms of Use is deemed unlawful, void or unenforceable, then that part shall be deemed severable and shall be construed in accordance with applicable law. Such a term will not affect the validity and enforceability of any remaining provisions. Brightstone’s failure to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit Brightstone’s rights with respect to such breach or any subsequent breaches.

For Enquiry