Cookie Policy
Cookies and similar technologies we use, and how to control them.
On this page 23 sections
This Cookie Policy ("Policy") explains the cookies and similar technologies that Scroll Inc. ("Burbn") uses on the website at scrolling.in, on the seller portal at seller.scrolling.in, and, where equivalent technologies are used, in the Burbn mobile applications (together, the "Platform"). It explains what each category does, how long it persists, the choices available to you, and how to withdraw consent.
This Policy supplements the Privacy Policy, which governs how Burbn processes personal data generally and which describes your rights as a data principal. Where this Policy is more specific about cookies, this Policy governs for that subject matter.
A note on accuracy. A previous version of this Policy published a table of named cookies that had been carried over from a third-party template and did not correspond to the cookies Burbn actually sets. That table has been removed. Publishing an inventory that does not match the technologies actually in use is inaccurate and is not something we are willing to leave standing, even where the inaccuracy is in the reader's favour. This Policy now describes each category of technology precisely and, in Section 4, points to a live inventory that is generated from the Platform itself rather than maintained by hand, so that the disclosure and the reality cannot drift apart again.
1. Scope and Purpose
This Policy applies to technologies placed or read by Burbn, and to technologies placed by third parties whose services are embedded in the Platform with Burbn's authorisation. It does not apply to:
- cookies placed by an independent third-party website you reach by following a link away from the Platform, including a seller's own external website;
- cookies placed by a seller, creator, brand, or advertiser on infrastructure they control themselves and which Burbn neither operates nor authorises; or
- technologies operated by a payment gateway or bank during a redirect for payment authentication, which are governed by that provider's own policy.
Burbn is the operator of the Platform and, in respect of technologies it places for its own purposes, is the data fiduciary. Where a third party embedded in the Platform determines its own purposes, that third party is an independent controller or fiduciary for its own processing and its policy applies to it.
2. What Cookies and Similar Technologies Are
A cookie is a small text file stored on your device by your browser when you visit a website, and sent back to the server on subsequent requests. This Policy uses "cookies" as shorthand for cookies and for the following functionally equivalent technologies:
- Local storage and session storage. Key-value storage in the browser, persisting until cleared. Used for interface state and drafts.
- IndexedDB and cache storage. Structured browser storage used for offline capability and to cache media so feeds do not re-download the same content.
- Pixels, tags, and web beacons. Small transparent requests embedded in a page or email that record that it was loaded.
- Software development kits in the mobile applications. Libraries that record device and usage signals. See Section 5.
- Device and installation identifiers. Values that identify an app installation rather than a browser. See Section 5.
A first-party technology is set by Burbn on a Burbn domain. A third-party technology is set by another organisation whose code is embedded in a Burbn page. A session technology is discarded when you close your browser. A persistent technology survives until it expires or you delete it.
3. Categories We Use and Why
Every technology used on the Platform falls into exactly one of the five categories below. The category determines whether it operates without consent and whether it can be switched off.
3.1 Strictly Necessary — cannot be switched off
Required for the Platform to function and to be secure. These are used on the basis that they are necessary to provide the service you have requested, and they operate without separate consent because the Platform cannot be delivered without them. Purposes include:
- keeping you signed in and maintaining your authenticated session;
- protecting against cross-site request forgery, session fixation, credential stuffing, and repeated failed sign-in attempts;
- routing requests to a consistent server and balancing load;
- remembering the contents of your cart and the state of a checkout in progress;
- recording your own cookie and privacy choices, so that a decision to refuse optional categories is itself remembered;
- rate limiting, bot detection, and abuse prevention;
- delivering content through a content-delivery network and detecting whether your connection supports a given media format.
3.2 Functional — optional
Remember choices you have made so the Platform behaves the way you left it: language, region, sort and filter preferences, whether a panel is collapsed, video quality and playback volume, accessibility settings such as reduced motion, and recently viewed items. Refusing these does not prevent use of the Platform, but preferences will reset.
3.3 Analytics and Performance — optional
Help us understand how the Platform is used in aggregate: which pages and feeds are visited, how long a video is watched, where a journey is abandoned, which search terms return no useful result, how quickly pages load, and where errors and crashes occur. We use this to fix defects and prioritise work. Where feasible these signals are aggregated or pseudonymised, and they are not used to make any decision about an individual that has a legal or similarly significant effect.
3.4 Personalisation and Recommendations — optional
Inform what the Platform shows you: ranking of the feed, suggested products, suggested creators and communities, and search result ordering. Signals may include what you have viewed, watched, searched, saved, liked, or purchased, and the categories those items belong to. Refusing this category does not remove the feed; it makes it less tailored and more general.
3.5 Advertising and Measurement — optional
Used to measure the effectiveness of Burbn's own marketing and, where enabled, to show you Burbn advertising on third-party services and to limit how often you see it. Where this category is active, a third-party advertising provider may set its own technologies and may be able to link activity across services. Burbn does not sell personal data, and does not use this category to serve advertising to a user we know to be a child.
Categories 3.2 to 3.5 are optional. Where consent is required by applicable law, these are set only after consent is given, and consent can be withdrawn at any time as described in Section 8. Withdrawal is as easy as giving consent and does not degrade the strictly necessary functioning of the Platform.
4. Current Cookie Inventory
The specific names, providers, purposes, and expiry periods of the technologies in use at any given moment are published in the cookie preference centre available from the Platform footer and, in the applications, from privacy settings. That inventory is generated from the Platform and is the authoritative record.
We publish it there, rather than reproducing a table in this document, for a specific reason: a hand-maintained table in a legal page falls out of date the moment a dependency changes, and an out-of-date inventory is a misrepresentation. A generated inventory cannot drift. If the preference centre is unavailable to you for any reason, write to privacy@scrolling.in and we will provide the current inventory in writing, including for each entry its name, category, first or third party status, purpose, and retention period.
You may also inspect what is actually stored on your own device at any time, without asking us, using your browser's developer tools or its site-settings screen, which lists every cookie and storage entry set by a given site.
5. Mobile Application Identifiers
Mobile applications do not use browser cookies, but use functionally equivalent identifiers. Where the Burbn applications use them, they fall into the same categories and are subject to the same consent position:
- Installation identifier. A value generated when the application is installed, used to maintain your session and to associate crash and diagnostic reports with a single installation. Reset by uninstalling and reinstalling.
- Advertising identifier. A resettable identifier provided by the operating system, used only where the advertising and measurement category is active. You can reset it or instruct applications not to use it in your device settings, and we honour that setting.
- Push notification token. An identifier issued by the operating system's push service, used only to deliver notifications you have enabled.
- Local application storage. On-device storage for drafts, cached media, queued uploads, and interface state, so that the application works on a poor connection.
Application permissions such as camera, microphone, contacts, and location are not cookies and are governed by the Privacy Policy and, for augmented reality camera effects, by the Camera Effects and AR Lenses notice. They are controlled through your device settings and can be withdrawn there at any time.
6. Third Party Technologies
The categories of third-party provider whose technologies may be present on the Platform are listed below, with the category each falls into. The current, provider-specific list is in the preference centre described in Section 4.
| Type of provider | Why it is present | Category |
|---|---|---|
| Content delivery and edge security | Serving pages and media quickly, absorbing attack traffic, distinguishing automated traffic from human traffic | Strictly necessary |
| Cloud hosting and infrastructure | Running the Platform and balancing load across servers | Strictly necessary |
| Payment gateways and payment security | Processing payments, authenticating transactions, and detecting payment fraud | Strictly necessary |
| Crash reporting and error monitoring | Recording defects and crashes so they can be diagnosed and fixed | Analytics and performance |
| Product and web analytics | Understanding aggregate usage, journeys, and drop-off points | Analytics and performance |
| Push notification and messaging services | Delivering notifications and in-app messages you enabled | Functional |
| Video and media playback and hosting | Streaming video and live content and adapting quality to your connection | Strictly necessary and functional |
| Augmented reality camera technology | Delivering optional AR camera effects. See the Camera Effects notice for full detail | Functional, and only when you use an effect |
| Maps and geolocation services | Address selection, serviceability checks, and nearby discovery | Functional |
| Advertising and campaign measurement | Measuring Burbn's own marketing and, where enabled, showing Burbn advertising off-Platform | Advertising and measurement |
Where a third-party provider determines its own purposes, it is an independent controller or fiduciary for that processing and its own policy governs it. Burbn does not control, and does not accept responsibility for, a third party's independent processing, but Burbn does select its providers, imposes contractual obligations on them, and will remove a provider that will not meet those obligations.
7. Retention Periods
Retention depends on function. As a general matter:
- Session technologies are discarded when the browser or application session ends.
- Authentication and security technologies persist for the life of the session and, where you have asked to remain signed in, for a defined period after which re-authentication is required.
- Preference technologies, including your record of cookie choices, persist for up to twelve months, so that a refusal does not have to be repeated on every visit.
- Analytics technologies persist for no longer than is needed for the measurement period, and in no case longer than twenty-four months.
- Advertising and measurement technologies persist for no longer than the applicable attribution window, and in no case longer than thirteen months without renewed consent.
The precise expiry of each entry is stated in the inventory described in Section 4. You can delete any of them at any time from your browser or device, which takes effect immediately and does not require our involvement.
8. Consent, Withdrawal, and Controls
Where consent is required, it is requested before any optional technology is set, in a form that allows you to accept or refuse each optional category separately. Refusing is presented as prominently as accepting. Consent is not bundled with acceptance of any other document, and use of the Platform is not conditioned on consenting to an optional category.
- Preference centre. Open it from the Platform footer, or from privacy settings in the applications, to review and change each category at any time.
- Withdrawal. You may withdraw consent at any time, by the same route. Withdrawal takes effect prospectively and we will cease setting and reading the affected technologies. It does not make prior lawful processing unlawful.
- Browser controls. Every major browser can block or delete cookies globally or per site, and can be set to clear them on close. Blocking strictly necessary technologies will break sign-in, cart, and checkout.
- Device controls. Mobile operating systems allow you to reset or withhold the advertising identifier and to revoke any application permission.
- Third-party opt-outs. Analytics and advertising providers generally offer their own opt-out mechanisms, which operate independently of ours.
- In writing. Write to privacy@scrolling.in and we will action a withdrawal on your behalf.
Where we know a user to be a child, optional categories requiring consent are not enabled by behavioural or advertising default, and tracking for the purpose of targeted advertising to that user is not undertaken.
9. Do Not Track and Global Privacy Control
Browsers may transmit a "Do Not Track" header or a Global Privacy Control signal. There is no single accepted standard for interpreting the former, and we will not claim to honour a signal whose meaning is contested. Where we receive a Global Privacy Control signal, which does have an agreed meaning, we treat it as a withdrawal of consent for the advertising and measurement category. If a legally binding standard for a browser-transmitted preference becomes applicable, we will honour it and will update this Section.
10. Legal Basis and Statutory Position
Processing of personal data through the technologies described here is carried out in accordance with the Digital Personal Data Protection Act, 2023, the Information Technology Act, 2000 and the rules made under it, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and, where applicable to a given user, other data protection laws described in the Privacy Policy.
- Strictly necessary technologies are used because they are necessary to provide the service you have requested and to keep it secure.
- Optional categories are used on the basis of consent, which is specific, informed, unconditional, unambiguous, and given by clear affirmative action, and which is capable of being withdrawn with the same ease with which it was given.
- Where processing is required to comply with a legal obligation, or to establish, exercise, or defend a legal claim, it may continue notwithstanding withdrawal, to the extent and for the period the law requires or permits.
Your rights in respect of the personal data processed through these technologies, including access, correction, erasure, grievance redressal, and nomination, are described in the Privacy Policy and may be exercised through the contacts in that document or in the Standard Legal Terms below.
11. Changes and Contact
We will update this Policy when the technologies we use change. The effective date and version shown at the top of this page identify the current version. Where a change materially expands the purposes for which an optional category is used, we will seek consent afresh rather than rely on consent given for the earlier purpose.
Questions, requests for the current inventory, and complaints about cookies may be sent to privacy@scrolling.in. Formal grievances are handled under the grievance clause in the Standard Legal Terms below, which states the designated officers and the applicable timelines.
Standard Legal Terms
The clauses below are common to every Burbn legal document and are stated identically in each of them. They are reproduced here in full so that this Policy can be read and relied upon on its own.
12. Order of Precedence
Which means: If two Burbn documents disagree, this list decides which one wins, so the answer is the same no matter which document you read first.
this Policy forms part of a single set of contractual documents governing use of the Burbn platform. Where a conflict or inconsistency arises between this Policy and any other document in that set, the conflict shall be resolved by applying the following order of precedence, in descending order of authority:
- any separately signed written agreement between Burbn and the relevant party, but only for the programme it covers and only to the extent of the conflict
- the Terms of Service
- the Merchant Agreement, for matters concerning sellers
- the Creator Policy, for matters concerning creators
- the Privacy Policy and the Camera Effects and AR Lenses notice, for matters concerning personal data
- the Community Guidelines and Content Policy
- the Returns, Exchange and Refunds Policy, the Burbn Money Back Guarantee, the Shipping and Delivery Policy, and the Cookie Policy
- any other notice, help-centre article, dashboard text, or in-product copy
A document lower in this order does not narrow, qualify, or waive a right or obligation created by a document higher in it. Where a document lower in the order is silent on a matter addressed by a higher document, the higher document applies. Headings, summaries, and any explanatory text introduced by the words "Which means" are provided for readability only, do not form part of the operative terms, and do not limit the provisions they accompany.
No statement made in help-centre articles, dashboard copy, in-product text, marketing material, or by any employee or agent orally shall vary this Policy unless recorded in a written amendment published under the modification provisions of the Terms of Service.
13. Platform Role and Intermediary Status
Which means: Burbn runs the marketplace and the app. It does not manufacture, own, or sell the products listed on it, and it does not author the content users post.
Burbn operates as an intermediary within the meaning of the Information Technology Act, 2000 and as a marketplace e-commerce entity within the meaning of the Consumer Protection (E-Commerce) Rules, 2020. Burbn provides a technology platform that enables independent third-party sellers to list and sell goods, and enables users to publish content, communicate, and transact.
- Burbn does not manufacture, import, stock, own, inspect, or take title to any product listed on the platform, except where a listing expressly and prominently identifies Burbn as the seller of record. The contract of sale for every other listing is formed directly and exclusively between the buyer and the relevant seller.
- Burbn does not originate, select, author, commission, or modify user content, and does not exercise editorial control over it. Any moderation, ranking, recommendation, labelling, removal, or restriction undertaken by Burbn is performed voluntarily and in good faith to protect users and to comply with law, and shall not be construed as adoption of, endorsement of, or responsibility for that content, nor as conduct displacing the protection conferred by Section 79 of the Information Technology Act, 2000.
- Burbn observes the due diligence obligations applicable to intermediaries under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, including publication of these documents, operation of a grievance mechanism, and removal or disabling of access to unlawful information on receipt of actual knowledge in the form of a court order or a notification by an appropriate government agency.
- Nothing in this Policy creates any agency, partnership, joint venture, employment, franchise, or fiduciary relationship between Burbn and any seller, creator, logistics provider, payment provider, or user. No party may hold itself out as having authority to bind Burbn.
- Where Burbn assists a user in a dispute with a seller, processes a refund, arranges a pickup, or applies a service standard against a seller, it does so as an administrative facility for the orderly operation of the marketplace. Such assistance does not constitute an assumption of the seller's obligations, an admission of liability, or a warranty by Burbn in respect of the goods.
14. Disclaimer of Warranties
Which means: The platform is provided as it is. Burbn does not promise it will be uninterrupted, error-free, or fit for a particular purpose you have in mind.
THE PLATFORM, THE SERVICES, AND ALL CONTENT, FEATURES, TOOLS, ANALYTICS, ESTIMATES, RECOMMENDATIONS, AND INTEGRATIONS MADE AVAILABLE THROUGH THEM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, OR NON-INFRINGEMENT.
Without limiting the generality of the foregoing, Burbn does not warrant that:
- the platform will be uninterrupted, timely, secure, or free from error, defect, or vulnerability;
- any defect, interruption, or vulnerability will be corrected within any particular period;
- the platform, or any server or infrastructure through which it is delivered, is free of malicious code;
- any result, outcome, reach, impression count, conversion, ranking, payout, revenue, saving, or commercial benefit will be achieved;
- any estimate, forecast, projection, delivery timeline, availability indication, price comparison, or analytics figure displayed on the platform is accurate, complete, or current;
- any content, listing, review, rating, claim, or representation published by a seller, creator, or other user is accurate, lawful, or reliable; or
- any third-party service, integration, logistics provider, payment provider, or technology provider will remain available or will perform as described.
Statistical, algorithmic, and machine-learning outputs — including recommendation ranking, search results, fraud signals, view validation, and content classification — are inherently probabilistic. They are provided as operational tools and not as statements of fact, and no warranty is given as to their accuracy in any individual case.
Nothing in this clause excludes or restricts any warranty, condition, guarantee, or right that cannot lawfully be excluded or restricted, including under the Consumer Protection Act, 2019. See the clause titled "Preservation of Statutory Rights" below.
15. Limitation of Liability
Which means: There is a ceiling on what Burbn can be made to pay, and Burbn is not liable for indirect losses such as lost profits. Some liabilities cannot be limited by law and are not limited here.
15.1 Exclusion of Indirect Loss
To the maximum extent permitted by applicable law, Burbn and its affiliates, directors, officers, employees, agents, licensors, vendors, and third party service providers shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive loss or damage, nor for any loss of profit, loss of revenue, loss of anticipated saving, loss of business, loss of goodwill or reputation, loss of opportunity, loss of data, or cost of procuring substitute services, howsoever arising and whether in contract, tort including negligence, breach of statutory duty, restitution, or otherwise, and whether or not Burbn was advised of the possibility of such loss.
15.2 Aggregate Financial Cap
Subject to clause 15.4, the total aggregate liability of Burbn arising out of or in connection with this Policy, whether in contract, tort, breach of statutory duty, or otherwise, and whether in respect of one claim or a series of related claims, shall not exceed the greater of:
- the total amounts actually paid to Burbn by, or paid out by Burbn to, you under this Policy in the 3 calendar months immediately preceding the first event giving rise to the claim; and
- INR 5,000 (Rupees Five Thousand).
The monetary floor at sub-clause (2) applies so that the cap can never evaluate to nil. A cap capable of evaluating to nil operates as an exclusion of liability rather than a limitation of it, and is accordingly stated here as a floor so that the clause remains a genuine limitation.
15.3 Matters Outside Burbn's Control
Burbn shall not be liable for loss or damage arising from:
- any defect in, safety of, description of, quality of, legality of, or non-conformity of any product supplied by a seller;
- any act, omission, delay, misconduct, insolvency, or breach by a seller, creator, buyer, logistics provider, payment provider, technology provider, or other third party;
- any content published by a user, including any reliance placed on it;
- loss, theft, damage, misdelivery, or delay occurring in transit;
- any unauthorised access to an account arising from a failure by the account holder to keep credentials secure;
- any suspension, restriction, or removal of content, listings, features, or accounts undertaken in accordance with these documents;
- any interruption, degradation, or unavailability of the platform, including during scheduled or emergency maintenance; or
- any event falling within the clause titled "Force Majeure" below.
15.4 Liabilities That Are Not Limited
Nothing in this Policy shall exclude or limit the liability of either party for:
- death or personal injury caused by that party’s negligence;
- fraud or fraudulent misrepresentation;
- wilful misconduct or gross negligence;
- any liability that cannot lawfully be excluded or limited under applicable law; or
- in the case of a seller or creator, the indemnity obligations owed to Burbn.
15.5 Basis of the Bargain and Allocation of Risk
Each party acknowledges that the exclusions and limitations in this clause are a reasonable and negotiated allocation of commercial risk, that they are reflected in the fees and commercial terms applicable between the parties, and that Burbn would not make the platform available on the same terms without them. Each sub-clause operates separately. If any sub-clause is held to be unenforceable in whole or in part, the remaining sub-clauses continue to apply.
This clause survives termination or expiry of this Policy and continues to protect Burbn in respect of claims relating to the period before termination.
16. Indemnity
Which means: If Burbn is sued or fined because of something you did, you covers the cost.
You shall indemnify, defend, and hold harmless Burbn, its affiliates, and their respective directors, officers, employees, agents, licensors, vendors, and third party service providers from and against all claims, demands, proceedings, losses, liabilities, damages, fines, penalties, taxes, interest, awards, settlements, and costs, including reasonable legal fees and the internal cost of responding to regulatory or law-enforcement process, arising out of or in connection with:
- any breach of this Policy or of any other document in the Burbn policy set;
- any content, listing, claim, representation, review, advertisement, or communication published or made;
- any product supplied, including its defect, safety, labelling, description, packaging, warranty, or non-conformity;
- any infringement or misappropriation of intellectual property, publicity, privacy, or personality rights;
- any breach of applicable law, regulation, licence condition, or order of a court or authority;
- any misuse of personal data, including any failure to comply with obligations owed as a data fiduciary or data processor;
- any tax, duty, cess, or levy properly attributable to the indemnifying party, including any liability arising from an incorrect declaration of tax status or registration; and
- any act, omission, fraud, negligence, or misconduct of the indemnifying party or of its employees, agents, contractors, or representatives.
Burbn shall notify the indemnifying party of any claim for which indemnity is sought, without undue delay. Burbn may, at its option, assume or participate in the conduct of the defence of such claim using counsel of its choosing, and the indemnifying party shall not settle any claim in a manner that imposes any obligation, admission, or restriction on Burbn without Burbn's prior written consent. A failure or delay in notification does not relieve the indemnifying party except to the extent it is materially prejudiced by that failure.
Burbn may set off any amount due to it under this clause against any amount it holds for or owes to the indemnifying party, including payouts, balances, reserves, rewards, and refunds. This clause survives termination or expiry of this Policy.
17. Grievance Redressal and Statutory Contacts
Which means: There is a named officer whose job is to resolve complaints, with fixed deadlines. Use this route before litigation.
In compliance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and the Consumer Protection Act, 2019, Burbn has designated the officers below. Complaints may be submitted in writing, in English or Hindi, and should identify the complainant, the content, order, listing, or account concerned, and the nature of the grievance.
Scroll Inc.
Registered office: 503, A1 Tower, Sector 73, Noida, Uttar Pradesh, India
LLPIN: ACK-0191
GSTIN: 09ACHFA4364Q1ZR
General support: support@scrolling.in
Legal notices: legal@scrolling.in
Grievance Officer: Abhishek Verma — abhishek@scrolling.in or grievance@scrolling.in
Data Protection Officer: Rahul — rahul@scrolling.in or privacy@scrolling.in
17.1 Timelines
- Acknowledgement: within 24 hours of receipt.
- Disposal: within 15 days of receipt, with reasons recorded.
- Removal of non-consensual intimate imagery or content in the nature of impersonation: within 24 hours of a valid complaint.
- Removal or disabling of access to unlawful information on receipt of actual knowledge by way of a court order or notification by an appropriate government agency: within 36 hours.
- Preservation of records for investigation: 180 days, or longer where required by law or by an order.
17.2 Escalation
A complainant dissatisfied with the outcome may escalate to legal@scrolling.in. Nothing in this clause restricts a complainant from approaching a consumer commission, the Grievance Appellate Committee constituted under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Data Protection Board constituted under the Digital Personal Data Protection Act, 2023, or any other competent authority, and a complainant is not required to exhaust this route before doing so where the law provides otherwise.
Complaints that are abusive, repetitive, manifestly unfounded, or made in bad faith may be closed with reasons. Submitting knowingly false information in a grievance, or a false takedown notice, may itself attract liability and may be relied upon by Burbn in proceedings.
18. Governing Law, Arbitration, and Jurisdiction
Which means: Indian law applies. Most disputes go to individual arbitration seated in Noida. The courts at Noida supervise.
this Policy is governed by and shall be construed in accordance with the laws of the Republic of India, without regard to any conflict of laws principle that would apply the law of another jurisdiction. For the avoidance of doubt, no law of any other state, province, territory, or country is intended to govern this Policy.
Any dispute, claim, or controversy arising out of or relating to this Policy, including as to its formation, existence, validity, interpretation, performance, breach, or termination, shall be resolved by final and binding arbitration on an individual basis in accordance with the arbitration provision at Section 17 of the Terms of Service, which is incorporated into this Policy by reference and applies as if set out in full here.
This agreement to arbitrate is between Scroll Inc., all of Scroll Inc.’s users, and all of Scroll Inc.’s vendors and third party service providers, including the providers of any underlying technology.
- Governing statute: the Arbitration and Conciliation Act, 1996.
- Seat of arbitration: Noida, Uttar Pradesh, India. The seat fixes the courts having supervisory jurisdiction over the arbitration.
- Venue of hearings: Noida, Uttar Pradesh, India, provided that hearings may be conducted by video conference or on documents alone where the parties agree or the arbitral tribunal so directs, so that participation is not unduly burdensome or expensive.
- Tribunal: a sole arbitrator, appointed by agreement failing which in accordance with the Arbitration and Conciliation Act, 1996.
- Language: English.
- Pre-arbitration step: a written notice of dispute followed by 30 days for good-faith resolution.
18.1 Interim and Urgent Relief
Notwithstanding the pre-arbitration step, either party may at any time apply to a competent court, or to the arbitral tribunal once constituted, for interim, interlocutory, injunctive, or other equitable relief, including to restrain infringement or misappropriation of intellectual property, breach of confidence, unauthorised access to data, or continuing unlawful conduct. Seeking such relief is not a waiver of the agreement to arbitrate and does not require the negotiation period to have elapsed. This preserves Burbn's ability to act immediately against an infringing listing or an ongoing safety risk.
18.2 Residual Jurisdiction
Where a dispute is not subject to arbitration, is excluded from arbitration, or where the agreement to arbitrate is held unenforceable in respect of a particular claim, the competent courts at Noida, Uttar Pradesh, India shall have exclusive jurisdiction over that claim, and each party irrevocably submits to that jurisdiction and waives any objection based on forum or inconvenience.
The United Nations Convention on Contracts for the International Sale of Goods does not apply and is expressly excluded. This clause survives termination or expiry of this Policy.
19. Preservation of Statutory Rights
Which means: Nothing in this document takes away a right the law gives you and does not let you sign away.
Nothing in this Policy operates to exclude, restrict, modify, or waive any right, remedy, guarantee, warranty, or protection conferred on a person by applicable law which cannot lawfully be excluded, restricted, modified, or waived, including under the Consumer Protection Act, 2019, the Consumer Protection (E-Commerce) Rules, 2020, the Digital Personal Data Protection Act, 2023, and the Indian Contract Act, 1872.
Where any provision of this Policy would, but for this clause, have that effect, the provision applies only to the extent permitted by law and is otherwise to be read down, or if it cannot be read down, severed, without affecting the remainder. In particular, a consumer's statutory right to seek redress before a consumer commission, and a data principal's right to approach the Data Protection Board, are preserved in full and are not displaced by the arbitration provision.
20. Force Majeure
Which means: Neither side is in breach for a failure caused by an event genuinely outside its control.
Neither party shall be liable for any failure or delay in performing an obligation under this Policy, other than an obligation to pay money already due, to the extent the failure or delay is caused by an event beyond that party's reasonable control, including act of God, flood, fire, earthquake, storm, epidemic or pandemic and any public-health measure taken in response, war, armed conflict, terrorism, riot, civil commotion, strike or other labour disturbance, act or order of any government or regulator, change in law, judicial order, embargo or sanction, failure or interruption of electricity, telecommunications, the internet, or any cloud, hosting, content-delivery, payment, or logistics provider, and any cyber attack, denial-of-service attack, or comparable malicious act.
The affected party shall notify the other without undue delay, shall use reasonable endeavours to mitigate, and shall resume performance as soon as reasonably practicable. Where such an event continues for more than sixty consecutive days, either party may terminate this Policy on written notice, without liability for the termination itself, and without prejudice to amounts already accrued.
21. Notices
Which means: How each side formally contacts the other, and when a notice counts as received.
Notices to Burbn must be in writing and sent to legal@scrolling.in and, where the notice commences or relates to legal proceedings, also by registered post or courier to Scroll Inc., 503, A1 Tower, Sector 73, Noida, Uttar Pradesh, India, marked for the attention of the Legal Department. Grievances under the clause titled "Grievance Redressal and Statutory Contacts" should instead be sent to grievance@scrolling.in.
Notices to you may be given by email to the address registered on the account, by notification within the platform or the seller or creator dashboard, or by post to the address on record. It is the responsibility of the account holder to keep those details accurate and monitored.
A notice is deemed received: if sent by email, at the time of transmission, or if transmitted outside business hours, when business hours next resume; if given in-platform, on display to the recipient; and if sent by registered post or courier, on the third business day after despatch, or on proof of delivery, whichever is earlier. A notice sent to a stale, full, or unmonitored address recorded by the recipient is nonetheless validly given.
22. Electronic Record and Acceptance
Which means: This document is legally binding electronically. No physical signature is needed, and Burbn's records of your acceptance are evidence of it.
this Policy is an electronic record within the meaning of the Information Technology Act, 2000 and the rules made under it, and is a valid and enforceable contract formed by electronic means in accordance with Section 10A of the Information Technology Act, 2000. It does not require a physical or digital signature, seal, or stamp to be binding.
- Registration for an account, indication of acceptance through any interface element provided for that purpose, or continued access to or use of the platform, each constitutes full and unconditional acceptance of this Policy.
- Burbn maintains electronic records of acceptance, including identifiers, timestamps, document version, and the interface presented at the time. Each party agrees that such records, and any true copy or system-generated extract of them, are admissible and may be relied upon as evidence of acceptance in any arbitral or judicial proceeding, and waives any objection to admissibility founded solely on their electronic form.
- The version of this Policy in force at the time of the relevant act or omission governs that act or omission. Burbn retains superseded versions and will make the version applicable to a given date available on request to a party with a legitimate interest in it.
23. General Provisions
Which means: The standard machinery: what survives, what can be transferred, what happens if one clause fails.
23.1 Survival
Termination or expiry of this Policy does not affect any right, obligation, or liability that accrued before it. The clauses concerning intellectual property licences already granted, confidentiality, data protection, disclaimer of warranties, limitation of liability, indemnity, set-off and recovery, grievance redressal, governing law, arbitration and jurisdiction, notices, electronic records, and this clause survive termination and continue to bind both parties. The survival of the limitation of liability clause operates for the benefit of Burbn as well as of you.
23.2 Severability
If any provision of this Policy is held invalid, illegal, or unenforceable by a court, tribunal, or competent authority, that provision shall first be read down to the minimum extent necessary to render it valid and enforceable while preserving the parties' commercial intent. Only if it cannot be read down shall it be severed, and severance shall not affect the validity or enforceability of the remainder.
23.3 No Waiver
A failure or delay in exercising a right under this Policy is not a waiver of that right, and a single or partial exercise does not preclude further exercise. A waiver is effective only if in writing and signed by an authorised representative of the waiving party, and applies only to the instance and purpose for which it is given. Burbn's forbearance in enforcing a provision against one person creates no expectation or entitlement in favour of any other.
23.4 Assignment
You may not assign, transfer, charge, sub-contract, or otherwise deal with any right or obligation under this Policy without Burbn's prior written consent. Burbn may assign or transfer this Policy in whole or in part to an affiliate, or in connection with a merger, reorganisation, or sale of all or part of its business or assets, on notice and without consent. this Policy binds and benefits each party's permitted successors and assigns.
23.5 Third Party Rights
Except as expressly provided, no person who is not a party to this Policy has any right to enforce it. Burbn's affiliates, and the vendors and third party service providers identified as intended third-party beneficiaries in Section 17 of the Terms of Service, may enforce the clauses expressed to be for their benefit, including the disclaimer of warranties, the limitation of liability, the indemnity, and the agreement to arbitrate. No consent from any such person is required to amend or terminate this Policy.
23.6 Entire Agreement
this Policy, together with the other documents in the Burbn policy set and any separately signed agreement, constitutes the entire agreement between the parties on its subject matter and supersedes all prior representations, understandings, and arrangements, whether written or oral. For the avoidance of doubt, and notwithstanding anything to the contrary, this Policy does not exclude, supersede, or disapply any other document in the Burbn policy set; those documents apply together and are reconciled by the clause titled "Order of Precedence". Nothing in this clause limits liability for fraud or fraudulent misrepresentation.
23.7 Set-Off and Recovery
Burbn may set off, withhold, deduct, or recover any amount due to it or reasonably anticipated to become due to it under this Policy — including fees, commissions, penalties, refunds, chargebacks, reversals of incorrectly credited amounts, taxes, and indemnified sums — against any amount it holds for or owes to you, including payouts, wallet balances, reserves, rewards, and incentives. Burbn will identify the basis of any set-off on request. Amounts remaining unrecovered are payable on demand and Burbn may pursue recovery through any lawful means.
23.8 Amendment
Burbn may amend this Policy. Where an amendment materially and adversely affects a party's rights, Burbn will give reasonable advance notice by email, in-platform notification, or publication, other than where an immediate change is required by law, regulatory direction, an order of a court or authority, or to address a security or safety risk, in which case the change takes effect on publication. Continued use after the effective date constitutes acceptance. A party that does not accept an amendment must cease using the platform and, where applicable, close its account before the effective date.
23.9 Language and Interpretation
The English text of this Policy prevails over any translation. The words "including", "includes", and "in particular" are illustrative and do not limit the generality of the words preceding them. A reference to a statute includes any amendment, re-enactment, or subordinate legislation made under it. The singular includes the plural. No rule of construction adverse to the drafter shall be applied by reason only of a document having been prepared by Burbn; each party has had the opportunity to obtain independent legal advice.
23.10 Compliance, Anti-Bribery, and Sanctions
Each party shall comply with all applicable anti-bribery, anti-corruption, anti-money-laundering, counter-terrorist-financing, and economic-sanctions laws, and shall not offer or accept any improper payment or advantage in connection with this Policy. Each party represents that it is not, and is not owned or controlled by, a person subject to applicable sanctions. Breach of this clause is a material breach entitling Burbn to suspend or terminate immediately.