Last modified April 25, 2019
All of these terms and related privacy policies can be found at https://samyata.com/policy.html
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND BODATY LLC, AN ILLINOIS LLC (“COMPANY”) REGARDING YOUR USE OF THE ONLINE APPLICATION AND TOOL PROVIDED BY BODATY (THE "SAMYATA SERVICES"). SECTION 23 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION AGREEMENT COULD AFFECT YOUR RIGHT TO PARTICIPATE IN ANY PENDING AND/OR PROPOSED CLASS ACTION LITIGATION. PLEASE SEE SECTION 23 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT.
These Terms of Service apply to Your ("User," "You," or "Your" all of which shall mean and refer to the individual who executed an agreement with Bodaty or any individual with apparent authority, which is apparent through any individual's accessing the User's account), use of the Samyata Services pursuant to this Agreement.
By setting up a subscription, purchasing, and/or using the Samyata Services, You signify Your acceptance of this Agreement, and any amendments or updates hereto.
Bodaty has the right to revise this Agreement, at any time by posting the revised Agreement on the Bodaty Website without any further notice. All changes are effective immediately when Bodaty posts them to the Samyata Services. Your continued use of the Samyata Services after any changes to this Agreement have been posted, shall be deemed Your express acceptance of those revisions.
By using the Samyata Services, You may also elect to use other Bodaty products and services, all of which are governed by their separate respective terms of use. (i) The “Bodaty Terms of Service” applies to Your use of all of Bodaty's products and services, including The Services which are available at https://bodaty.com/privacy-policy-terms.html; (ii) The “Bodaty deyaPay Payments Terms of Service” available at https://deyapay.com/policy.html apply to your use of deyaPay, which is Bodaty's proprietary payment platform.
You may only access the Samyata Services using authorized means. It is your responsibility to check to ensure you download the correct Software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software for your device. The Company reserves the right to terminate your use of the Software and/or Samyata Services should you be using the Software or Samyata Services with an incompatible or unauthorized device.
(i) Bodaty may access and use Your information and data shared in the Samyata App with other accounts that you hold with Bodaty, including without limit, the Bodaty deyaPay App (e.g., payment data, billing addresses, phone numbers) in accordance with our Privacy Policy, (ii) Bodaty may share Your deyaPay account information, along with Your order, purchase, and “Geo-location Data,” which means and refers to the identification or estimation of your real-world geographic location based on your Device, (provided that you have expressly consented to such sharing when you signed up for the Samyata Services, and of which you may withdraw your consent at any time under the settings tab), and other personal information (e.g., Your name, shipping addresses, email addresses), with businesses that have partnered with Bodaty to offer products via the Samyata Services ("Merchants"), delivery personnel, and other third-party vendors to fulfill Your orders, improve the Samyata Services, offer You promotions, and for Bodaty's and third parties' analytics purposes, (iii) Merchants may also use Your personal information to offer product recommendations, (iv) some Merchants may additionally use Your data and information for other uses permitted under their respective privacy policies, which will be identified at checkout, as if You made the purchase on their websites, and (v) if You belong to a Merchant's membership or account-linking programs, this information may also be used by Merchants according to their respective program terms. Notwithstanding anything contained herein, rest assured that we will not collect, sell, or use any of Your data, including Geo-location and Biometric Data without Your express informed consent.
Bodaty uses various third-party providers and offers their services with and through the Services (the "TPP Services.") By using the Services, including purchasing/using any of the TPP Services, You expressly agree to the terms and conditions thereof which are expressly incorporated by reference in this Agreement. The TPP Services include without limit the following:
Items purchased via the Samyata Services are for personal use only, except for items that You purchase for Your business (like office supplies), which can be purchased via the Samyata Services for use by Your business, but not for commercial resale.
If You would like to cancel an order purchased through the Samyata Services, You can request cancellation online through Your Account via the Samyata Services by following the prompts therein or by emailing us at samyata.support@bodaty.com. Bodaty cannot guarantee that You will be able to cancel an order once placed. If You order an item that is unavailable at the Merchant store location You selected, You can request a refund through Samyata Services by following the prompts therein or by emailing us at samyata.support@bodaty.com . For partial refunds, if any part of Your order cannot be fulfilled for any reason (other than You not being present to sign for a delivery when that option is selected at checkout), that part of Your order may be cancelled automatically, and You will not be charged for the items that comprise the unfulfilled part of Your order and any charge will be refunded proportionally to the unfulfilled items.
You receive delivery of an order You attempted to cancel, You must complete the return process specified by the Merchant and delivered to You at checkout in order to receive a refund for that order. For any issues that are not resolved with the Merchant, email samyata.support@bodaty.com.
If You are not present when an item is delivered to You, whether through a personal shopper, delivery service, or the Merchant, You may be charged: (a) for the value of the perishable items in Your order, like cold groceries, and associated taxes and other fees, as those perishable items will be discarded, (b) a return, restocking, and/or disposal fee, each in the amount of $20.00 to offset our costs in arranging for the return, redelivery, or discarding of Your order. You expressly authorize us to charge such fees from the payment method provided by You at the time of Your order. Further, You will not be refunded for items purchased but that are not delivered due to Your unavailability or failure to accept delivery for any reason whatsoever. Notwithstanding the preceding, certain non-perishable items will be returned to the Merchant for Your pickup or redelivery.
By placing an order using the Samyata Services, You acknowledge and understand that attempting to collect a cash refund for a credit card purchase or initiating a fraudulent chargeback is prohibited by law and You hereby agree to indemnify, defend, and hold harmless Bodaty, the Merchant, and each of their respective affiliates from any claims, losses, or liabilities arising from or in connection with a fraudulent chargeback dispute and/or Your violation of the applicable refund and/or return policy.
Return policies vary by Merchant. Each Merchant's return policy will be provided to You at the time You make a purchase using the Samyata Services.
If You are not happy with the condition of Your items when they arrive, we’re happy to help. After reviewing any prompts or messages from the Samyata Services, please follow the below steps:
Missing? Send email to samyata.support@bodaty.com with the exact description of what You didn’t get.
Damaged? Send email to samyata.support@bodaty.com with a photo and a brief description.
Not what You ordered? Send email to samyata.support@bodaty.com explaining what You ordered and what You received instead.
Prices on Samyata are set by each Merchant, and in most cases, You’ll pay the same amount as what You’d pay in-store. Merchant's prices (and the associated taxes and other fees the Merchant charges) may vary based on current in-store or in-warehouse item prices and availability. Because item prices are set by Merchants, sometimes You’ll see higher prices on Samyata than in-store. Item prices and applicable fees (such as taxes and other fees that the Merchant charges, like bottle deposits and e-waste fees) may vary.
Bodaty charges You an additional flat fee related to Your use of the Samyata Service that is disclosed to, and authorized by, You each time You make a Purchase using the Samyata Service. You expressly authorize Bodaty to charge You via the payment method authorized by You to make any purchase using the Samyata Service.
Items purchased from individual stores are listed in Your order history. The shipping or other fee is not a tip or gratuity to the personal shopper, delivery service, or the store.
All sales made through the Samyata Services are made online via web or mobile applications and are processed as online transactions. You will receive an electronic receipt for Your order through the Samyata Service. Bodaty does not take title or liability for any items purchased through Samyata. Rather, title for each item You purchase will pass directly from the Merchant to You, either in the Merchant’s store at the point of sale when any such items are purchased, regardless of whether Bodaty facilitates the delivery of the purchased items through a personal shopper. Any item replacement or other protection afforded to You by Bodaty or the Merchant for damage or loss that occurs in transit is offered as a matter of customer service only and is not intended to alter the transfer of title for items. State and local sales tax will be calculated via third party providers based on the Merchant and information provided by You and will be communicated to You.
When ordering from a Merchant via the Samyata Services You may provide Bodaty with Your account number for that Merchant’s loyalty/rewards program and Bodaty will pass that information to the Merchant. Bodaty has no control over which benefits or discounts are ultimately provided to You, and Bodaty bears no responsibility for any Merchant loyalty or reward programs. Each Merchant reserves the right to refuse to grant loyalty/reward benefits or discounts for any order in their sole discretion. The terms and conditions applicable to a Merchant’s loyalty/rewards program are between You and the Merchant.
Before or after a purchase, Bodaty will offer You the ability to share Your personal information with a Merchant for use in connection with marketing materials from that Merchant, in accordance with Bodaty's and the Merchant’s privacy policy. This only applies to a Merchant's use of personal information for marketing purposes and does not apply to any personal information collected by a Merchant independent of these Services.
https://bodaty.com/privacy-policy-terms.html . At any time You may request information related to what data is collected and used or otherwise sold, and the identities of such third parties that use or gain access to You data from Bodaty.
Our automated systems analyze Your User Content, purchase history, and other interactions with the Products and Services to provide You personally relevant product features, such as customized search results, and tailored advertising. This analysis occurs as the content is sent, received, and when it is stored. You expressly authorize us to track Your Geo-location Data and use, store, and analyze Your Geo-location Data, and to share Your Geo-location Data with our partners and affiliates in an effort to offer You promotions and additional services related to the Products and Services. We may also share Your data with third parties, including any third-party provider related to the Products or Services, for the purpose of facilitating the compliance , improving the Products or Services, or complying with any provider's requests. Further, Bodaty may sell Your data to third parties. At any time You may request information related to what data is collected and used or otherwise sold, and the identities of such third parties that use or gain access to You data from Bodaty.
You can also find more information about how Bodaty uses and stores content in the Privacy Policy or additional terms for particular Products and Services, available at
https://bodaty.com/privacy-policy-terms.html . If You submit feedback or suggestions about our Products and Services, we may use Your feedback or suggestions without obligation to You and any such action shall not modify the terms of any agreement between Bodaty and You.
Bodaty may also use "Cookies." For full information on the type of data and content that we store and collect via Cookies, please refer to our Cookie Policy available at https://bodaty.com/privacy-policy-terms.html and/or email us at samyata.support@bodaty.com.
We recognize the need to provide further privacy protections with respect to personal information we may collect from children on our sites and applications. Some of the features on our sites and applications are age-gated so that they are not available for use by children, and we do not knowingly collect personal information from children in connection with those features. When we intend to collect personal information from children, we take additional steps to protect children’s privacy, including:
For additional information about our practices in the United States regarding children’s personal information, please read our Children’s Privacy Policy, available at https://bodaty.com/privacy-policy-terms.html.
Bodaty has implemented and maintains reasonable security measures to protect data from unauthorized access, acquisition, destruction, use, modification, or disclosure. Additionally, Bodaty requires that all of its partners or affiliates that may have access to Your data have agreed to implement and maintain reasonable security measures to similarly keep any data shared by Bodaty confidential. Further, should any potential or actual breach occur, Bodaty has a dedicated team to respond to such breach and will keep You informed as necessary to maintain Your privacy.
This Agreement shall remain in full force and effect while You use the Samyata Services or are a User. You may terminate Your use or participation at any time, for any reason, by following the instructions on the Samyata Services. Bodaty may terminate Your use or participation at any time, without warning. Even after Your use and participation is terminated, this Agreement will remain in effect, including all sections and obligations that reasonably survive termination.
Bodaty will, in its sole discretion, terminate the account and access rights of any User who commits violations of copyright infringement. If You are a copyright owner or the legal agent of a copyright owner, and You believe that any User submission or content on the Samyata Services infringes upon Your copyrights, You may submit a notification to Company pursuant to the Digital Millennium Copyright Act ("DMCA") Notice (http://automattic.com/dmca)
Bodaty may modify this Agreement from time to time with or without notice to You. Bodaty will alert all You of such changes by posting those changes on the Samyata Services, located at https://samyata.com/policy.html. You agree to be bound to any changes to this Agreement when You use the Bodaty Services after any such modification is posted. It is therefore important that You regularly review this Agreement to ensure You are informed of any changes.
You are solely responsible for Your conduct. Bodaty reserves the right, but has no obligation, to monitor disputes between You and other authorized users.
THE SERVICES AND THE ITEMS PURCHASED THROUGH THE SERVICES ARE BROUGHT TO YOU “AS IS” AND “WITH ALL FAULTS.” NEITHER BODATY NOR THE MERCHANTS THAT SELL THE ITEMS THROUGH THE SERVICES MAKE ANY WARRANTIES OR PROMISES ABOUT THE ITEMS PURCHASED THROUGH THE SERVICES. FOR EXAMPLE, NEITHER SAMYATA/BODATY (NOR THE MERCHANTS) MAKES ANY PROMISES OR COMMITMENTS ABOUT THE FUNCTIONALITY OF THE ITEMS, OR THEIR QUALITY, DURABILITY, SAFETY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, BODATY (AND THE MERCHANTS) EXCLUDE ALL WARRANTIES AND BODATY (AND THE MERCHANTS) ALSO DISCLAIM AND EXCLUDE ALL REMEDIES, DAMAGES, OR FINANCIAL LOSSES INCLUDING REPAIR AND REPLACEMENT REMEDIES, DIMINUTION IN ITEM VALUE, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
If You need a copy of the manufacturer's warranty for a product purchased via the Services, please contact the manufacturer or visit their website for more information. In some cases, You may be able to access the warranty information from the product detail page within the Services.
Bodaty may terminate or suspend Your Samyata user account at any time for any reason. If any suspension or termination of Your Samyata account by Bodaty results in You not receiving an order placed before such suspension or termination, You will receive a full refund for such order, except in the instance where Bodaty discovers that Your account was used for fraudulent transactions.
Bodaty may contact (i) You, (ii) the Merchant, (iii) the applicable shipping/delivery company or service provider, including any personal shopper, (iv) Your item manufacturer, and (v) any other relevant party regarding any purchase you make through the Samyata Services, or any claims You file and may share information related to your purchase that Bodaty collects from You, not including Biometric or Geo-location data, in order to facilitate Your use of the Samyata Services.
Bodaty may also (i) contact You to request feedback about Your experience with the item(s) and/or the Merchant, and (ii) contact shipping companies or delivery services, including personal shoppers on Your behalf to request shipment tracking information shared by or on behalf of the Merchant.
Bodaty may communicate with You regarding Your purchase by means of electronic communications, including (i) sending electronic mail to the email address that You provided to the Merchant or to Bodaty, or (ii) sending You a post-purchase survey when You purchase on Samyata. You agree that Bodaty may communicate with You by means of electronic communications the following: these terms (and revisions or amendments), refunds, and any other matter relating to Your use of the Services. You expressly authorize Bodaty to call/text/email You regarding Your performance hereunder and to offer You additional products and services. Your consent hereunder supersedes any request to not be contacted, such as Your registry on Do Not Call Lists.
Electronic communications will be deemed received by You when Bodaty sends the electronic communication to Your email address. For those communications or records that Bodaty is otherwise required under applicable law to provide in a written paper form to You, You agree that Bodaty may provide those communications or records by means of electronic communications. The following additional terms will apply to such electronic communications: (i) You may request a paper copy of such an electronic communication, and Bodaty reserves the right to charge a fee to provide such paper copy.
In addition to the electronic communications authorized under this section, statements, notices and other communications to You may be made by mail, email, or other reasonable means. Bodaty may also provide notices of changes to these terms or other matters by displaying links to notices on the websites of Bodaty or a Bodaty-affiliated or partner company.
Notwithstanding anything to the contrary in these terms, You agree to release, hold harmless, defend, and indemnify Bodaty, its affiliates, and its and their respective officers, directors, employees, agents, and contractors (collectively, “Bodaty Parties”), from all claims, demands, and damages (actual and consequential) arising out of or in any way connected with a dispute between You and any Merchant and/or a Personal Shopper. Except in connection with the claims process as described herein, You agree that You will not involve Bodaty Parties or any of their affiliates in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement with any Merchant, other customer, advertiser or other third party. If You attempt to do so, (i) You will pay all costs and attorneys’ fees of all Bodaty Parties and will provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute will be subject to binding arbitration as set forth below, and Bodaty will not be treated as a third party to any such litigation.
To the extent permitted by applicable law, You agree to indemnify, defend, and hold harmless the Bodaty Parties from and against any and all claims, demands, causes of action, debt, or liability, including without limitation attorney’s fees and costs incurred by the Bodaty Parties arising out of, related to, or which may arise from: (i) Your purchase of an item on Bodaty; (ii) any breach or non-compliance by You of any term of these terms or policies; (iii) any dispute or litigation caused by Your actions or omissions; or (iv) Your negligence or violation or alleged violation of any law or rights of a third party. This defense and indemnification obligation will survive these Terms of Service and Your use of the Services.
ARBITRATION.ANY DISPUTE OR CLAIM BETWEEN THE PARTIES ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE FULLY AND FINALLY RESOLVED BY BINDING ARBITRATION IN CHICAGO ILLINOIS IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES AND PRACTICES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) FROM TIME TO TIME IN FORCE AND EFFECT. THIS AGREEMENT TO ARBITRATE SHALL BE SPECIFICALLY ENFORCEABLE AND IS THE EXCLUSIVE REMEDY FOR THE RESOLUTION OF SUCH DISPUTES UNDER THIS AGREEMENT. THERE SHALL BE A SINGLE ARBITRATOR, WHO MUST BE (I) A LAWYER ENGAGED FULL-TIME IN THE PRACTICE OF LAW AND A MEMBER IN GOOD STANDING OF THE STATE BAR OF ILLINOIS AND (II) ON THE AAA REGISTER OF ARBITRATORS. WITHIN THIRTY (30) DAYS OF THE CONCLUSION OF THE ARBITRATION HEARING, THE ARBITRATOR SHALL PREPARE WRITTEN FINDINGS OF FACT AND CONCLUSIONS OF LAW. JUDGMENT ON THE WRITTEN AWARD MAY BE ENTERED AND ENFORCED IN ANY STATE OR FEDERAL COURT LOCATED IN CHICAGO ILLINOIS. THE PARTIES HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE TRIBUNAL SO SELECTED, TO THE EXCLUSION OF ANY OTHER COURT WHICH MIGHT HAVE HAD JURISDICTION APART FROM THIS SECTION, WAIVE ANY DEFENSE OF LACK OF IN PERSONAM JURISDICTION OF SUCH COURTS AND AGREE THAT SERVICE OF PROCESS IN ANY ACTION BEFORE SUCH COURTS MAY BE MADE BY MAILING IT TO THE PARTY TO BE SERVED AT THE ADDRESS PROVIDED HEREIN. IT IS MUTUALLY AGREED THAT THE WRITTEN DECISION OF THE ARBITRATOR SHALL BE VALID, BINDING, FINAL, AND NON-APPEALABLE; PROVIDED HOWEVER, THAT THE PARTIES HERETO AGREE THAT THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO AWARD PUNITIVE DAMAGES AGAINST ANY PARTY TO SUCH ARBITRATION. THE ARBITRATOR SHALL REQUIRE THE NON-PREVAILING PARTY TO PAY THE ARBITRATOR’S FULL FEES AND EXPENSES OR, IF IN THE ARBITRATOR’S OPINION THERE IS NO PREVAILING PARTY, THE ARBITRATOR’S FEES AND EXPENSES WILL BE BORNE EQUALLY BY THE PARTIES THERETO. EACH OF THE PARTIES HERETO FURTHER AGREES THAT IT WILL NOT BECOME A MEMBER OF ANY CLASS-WIDE LITIGATION OR ARBITRATION AND WILL NOT INITIATE ANY CLASS ACTION LITIGATION OR ARBITRATION AGAINST THE OTHER PARTY. FURTHER THE PARTIES AGREE THAT THEY WILL NOT ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OF ANY GROUP, CLASS, OR OTHERWISE SIMILARLY SITUATED INDIVIDUAL OR ENTITY.
All notice shall be mailed to 200 E. 5th Avenue, Suite #121DE, Naperville IL 60563, United States, Attn: Legal Department. In addition, You shall send all notices to Bodaty via email with receipt acknowledged to samyata.support@bodaty.com.
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