Terms of Service

1. Account Terms

Which means: You are responsible for your Account, the Materials you upload to the Burbn Service and the operation of your Burbn Store. If you violate Burbn's terms of service we may cancel your service access. If we need to reach you, we will communicate via the Primary Email Address.

1. To access and use the Services, you must register for a Burbn account ("Account"). To complete your Account registration, you must provide us with your full legal name, business address, phone number, a valid email address, and any other information indicated as required. Burbn may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.
2. You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
3. You confirm that you are receiving any Services provided by Burbn for the purposes of carrying on a business activity and not for any personal, household or family purpose.
4. You acknowledge that Burbn will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you ("Primary Email Address"). You must monitor the Primary Email Address you provide to Burbn and your Primary Email Address must be capable of both sending and receiving messages.
5. You are responsible for keeping your password secure. Burbn cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
6. Technical support in respect of the Services is only provided to Burbn Users. Questions about the Terms of Service should be sent to Burbn Support.
7. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Burbn.
8. You agree not to work around, bypass, or circumvent any of the technical limitations of the Services.
9. You agree not to access the Services or monitor any material or information from the Services using any robot, spider, scraper, or other automated means.
10. You understand that your Materials may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. "Materials" means Your Trademarks, copyright content, any products or services you sell through the Services (including description and price), and any photos, images, videos, graphics, written content, audio files, code, information, product reviews, or other business content and data provided or made available by you or on your behalf to Burbn or its affiliates.

2. Account Activation

Which means: Only one person can be the "Store Owner", usually the person signing up for the Burbn Service. The Store Owner is responsible for the Account, is bound by these Terms of Service and is responsible for the actions of others accessing the Account.

2.1 Store Owner

1. Subject to Section 2.1.2, the person signing up for the Service by opening an Account will be the contracting party ("Store Owner") for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service.
2. If you are signing up for the Services on behalf of your employer, your employer will be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.
3. Your Burbn Store can only be associated with one Store Owner. A Store Owner may have multiple Burbn Stores. "Store" means the online store or physical retail location(s) associated with the Account.

2.2 Staff Accounts

1. Based on your Burbn pricing plan, you can create one or more staff accounts ("Staff Accounts") allowing other people to access the Account.
2. The Store Owner is responsible for: (a) ensuring its employees, agents and subcontractors, including via Staff Accounts, comply with these Terms of Service; and (b) any breach of these Terms of Service by the Store Owner's employees, agents or subcontractors.
3. The Store Owner and the users under Staff Accounts are each referred to as a "Burbn User".

2.3 Payment Accounts

Upon completion of sign up for the Service, Burbn may create payment accounts on your behalf. You acknowledge that it is your sole responsibility as the Store Owner to activate and maintain these accounts. If you do not wish to keep payment accounts active, it is your responsibility to deactivate them.

2.4 Domain Names

Upon purchasing a domain name through Burbn, domain registration will be preset to automatically renew each year so long as your Burbn Account remains active, unless you do not have a valid payment method associated with your Account. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.

3. Burbn Rights

Which means: Burbn has the right to control who we make our Services available to and we can modify them at any time. We also have the right to refuse or remove Materials from any part of the Services, including your Store.

1. The Services have a range of features and functionalities. Not all Services or features will be available to all Merchants at all times and we are under no obligation to make any Services or features available in any jurisdiction.
2. It is in Burbn's sole discretion to refuse or remove any Materials from any part of the Services, including if we determine in our sole discretion that the goods or services that you offer through the Services violate our Terms of Service.
3. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Burbn employee, member, or officer will result in immediate Account termination.
4. We reserve the right to provide our Services to your competitors and make no promise of exclusivity.
5. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership.
6. Burbn reserves the right to determine, in our sole discretion, rightful Account ownership and transfer an Account to the rightful Store Owner.

4. Your Responsibilities

Which means: You are responsible for your Burbn Store, the goods or services you sell, and your relationship with your customers, not us.

1. You acknowledge and agree to provide public-facing contact information, terms of service, a refund policy, and shipping policies (including order fulfilment timelines) on your Burbn Store.
2. You acknowledge and agree that the Services are not a marketplace, and any contract of sale made through the Services is directly and only between you and the customer. You are the seller or merchant of record for all sales through the Services.
3. You represent and warrant that you will comply with all applicable laws, rules, regulations, and rights of third parties in your use of any of the Service.
4. You are solely responsible for the activity that occurs using your API Credentials and for keeping your API Credentials secure.
5. You agree to use Burbn Checkout for any sales associated with your online store.

5. Payment of Fees and Taxes

Which means: A valid payment method must remain on file to pay all service fees. You will be billed for your Subscription Fees every 30 days. You are responsible for all taxes relating to your Store or use of the Services. No refunds.

1. You will pay the Fees applicable to your subscription to Online Service and/or POS Services ("Subscription Fees") and any other applicable fees.
2. You must keep a valid payment method on file with us to pay for all incurred and recurring Fees.
3. Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a "Billing Date").
4. If we are not able to process payment of Fees using an Authorized Payment Method, we may make subsequent attempts to process payment.
5. All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services taxes.
6. You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Burbn's products and services.
7. You are solely responsible for determining, collecting, withholding, reporting, and remitting applicable taxes, duties, fees, surcharges and additional charges that arise from or as a result of any sale on your Burbn Store.
8. You must maintain an accurate location in the administrative console of your Burbn Store.
9. Burbn does not provide refunds.

6. Confidentiality

Which means: Both you and Burbn agree to use the Confidential Information of the other only to perform the obligations in these Terms of Service. Confidential Information must be protected and respected.

1. "Confidential Information" will include, but will not be limited to, any and all information associated with a party's business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, and any other confidential and proprietary information.
2. Each party agrees to use the other party's Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service.

7. Limitation of Liability and Indemnification

Which means: We are not responsible for damages or lawsuits that arise if you break the law, breach this agreement or go against the rights of a third party. The Service is provided on an "as is" and "as available" basis.

1. You expressly understand and agree that, to the extent permitted by applicable laws, Burbn and its suppliers will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages.
2. You agree to indemnify and hold us and our affiliates harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service.
3. You will be responsible for any breach of the Terms of Service by your affiliates, agents or subcontractors.
4. Your use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis without any warranty or condition.
5. Burbn does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
6. Burbn is not responsible for any of your tax obligations or liabilities related to the use of Burbn's Services.

8. Intellectual Property and Your Materials

Which means: Anything you upload remains yours (if it was yours) and is your responsibility, but Burbn can use and publish the things you upload for operating our Services.

8.1 Your Materials

1. We do not take ownership of the Materials that you provide to Burbn; however, we do require a license to your Materials. You hereby grant Burbn a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to host, use, distribute, expose, modify, run, copy, store, publicly perform, communicate to the public, broadcast, reproduce, make available, display, and translate, and create derivative works of your Materials.
2. You irrevocably waive any and all moral rights you may have in the Materials in favour of Burbn.
3. If you owned the Materials before providing them to Burbn then, despite uploading them to your Burbn Store they remain yours, subject to any rights or licenses granted in the Terms of Service.
4. You agree that Burbn can, at any time, review and delete any or all of the Materials submitted to the Services.

8.2 Burbn Intellectual Property

1. You agree that you may not use any trademarks, logos, or service marks of Burbn, whether registered or unregistered, without express written permission.
2. You agree not to purchase, register, or use search engine or other pay-per-click keywords that use or include Burbn trademarks.
3. You acknowledge and agree that the Terms of Service do not give you any right to implement Burbn patents.

9. Additional Services

Which means: We may offer additional services from time to time, including POS Services, Shipping, Email Services, and Third Party Services. Use of these services may be subject to additional terms.

Burbn may make available certain services, products, applications and tools, in addition to the Services. Your use of, and access to, any Additional Services is subject to these Terms or, in some cases, may be subject to additional and separate fees, terms, and policies.

9.1 Third Party Services

Which means: We are not responsible for third party services and partners, so use them at your own risk. If you choose to use any third party services on the Burbn platform, you consent to us sharing your data with those services.

1. Burbn may provide you with access to or enable third party software, applications, products, services or website links. Such Third Party Services are made available only as a convenience.
2. Your use of Third Party Services is entirely at your own risk and discretion.
3. We do not provide any warranties or make representations to you with respect to Third Party Services.
4. If you install or enable a Third Party Service for use with the Services, you grant us permission to share your data as required for interoperation.

9.2 Beta Services

Which means: Beta Services may be offered from time to time. They are not a part of the regular Services, and they might have errors or change at any time. You use Beta Services at your own risk.

From time to time, Burbn may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all merchants. Burbn makes no representations or warranties that the Beta Services will function. Burbn may discontinue the Beta Services at any time in its sole discretion.

10. Feedback and Reviews

Which means: We welcome customer feedback but are under no obligation to ensure that ideas and suggestions regarding our Services remain confidential and we can use the feedback in any way we want.

Burbn welcomes any ideas and/or suggestions regarding improvements or additions to the Services. By submitting Feedback to Burbn, you waive any and all rights in the Feedback and that Burbn is free to implement and use the Feedback if desired.

11. Intellectual Property Infringement

Which means: Burbn respects intellectual property rights and you should too.

Burbn respects the valid intellectual property rights of others and we expect Merchants to do the same. Posting content that constitutes an infringement of others' legal rights violates our Acceptable Use Policy and the content can be removed and/or your Store may be terminated at our discretion.

12. Privacy and Data Protection

Which means: Burbn's use and collection of your personal information is governed by our Privacy Policy. Burbn's Services comply with PCI DSS.

1. Burbn is firmly committed to protecting the privacy of your personal information and the personal information of your customers.
2. Burbn's collection, use, disclosure and processing of your personal information is governed by our Privacy Policy.
3. Burbn complies with applicable Payment Card Industry Data Security Standards ("PCI DSS") in its provision of the Services to you.

13. Burbn Contracting Party

If the billing address of your Store, account, or primary place of business is located in India, then for the purposes of these Terms of Service:

Governing Law: These Terms of Service, and any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the relationship between you and Burbn, shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

Jurisdiction: You irrevocably and unconditionally agree that the courts located in Noida, Uttar Pradesh, India, shall have exclusive jurisdiction to adjudicate any dispute, claim, or proceeding arising out of or in connection with these Terms of Service or the Services.

Exclusion of International Conventions: The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to these Terms of Service and is hereby expressly excluded.

14. Term and Termination

Which means: To initiate a termination, you must contact Support. We may terminate your account at any time. Once termination is confirmed, domains purchased through Burbn will no longer be automatically renewed.

1. The term of these Terms of Service will begin on the date of your completed registration for use of a Service and continue until terminated by us or by you (the "Term").
2. You may cancel your Account and terminate the Terms of Service at any time by contacting Burbn Support.
3. Without limiting any other remedies, we may suspend or terminate your Account or the Terms of Service for any reason, without notice and at any time.
4. Upon termination of the Services by either party for any reason:
   • Burbn will cease providing you with the Services and you will no longer be able to access your Account;
   • Unless otherwise provided, you will not be entitled to any refunds;
   • Any outstanding balance owed to Burbn will immediately become due and payable in full;
   • Your Burbn Store will be taken offline.
5. If you purchased a domain name through Burbn, upon cancellation your domain will no longer be automatically renewed.
6. If there are any outstanding Fees owed by you at the date of termination, you will receive one final invoice via email.

15. Modifications

Which means: If we make a material change to the Terms of Service that adversely affects your rights, we will notify you in advance.

1. We reserve the right, in our sole and absolute discretion, to update or change any portion of the Terms of Service at any time. We will provide you with reasonable advance notice of changes that materially adversely affect your use of the Services.
2. Burbn may change the Fees for the Services from time-to-time. We will provide you with 30 days advanced notice prior to any changes in Fees.

16. General Conditions

1. The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Burbn and govern your use of the Services and your Account.
2. The failure of Burbn to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision.
3. Save for Burbn and its affiliates, and save for the vendors and third party service providers identified as intended third-party beneficiaries in Section 17.2, no person or entity who is not a party to these Terms of Service will have any right to enforce any term of these Terms of Service.
4. The Terms of Service will be governed by and interpreted in accordance with the laws of the Republic of India, without regard to principles of conflicts of laws, consistent with Section 13. Subject to Section 17 (Arbitration), the courts located in Noida, Uttar Pradesh, India will have exclusive jurisdiction over any dispute, claim, or proceeding arising out of or in connection with the Terms of Service or the Services. For the avoidance of doubt, no law of any other state, province, territory, or country is intended to govern these Terms of Service.
5. All the terms and provisions of the Terms of Service will be binding upon and inure to the benefit of the parties. Burbn will be permitted to assign these Terms of Service without notice to you. You will have no right to assign or otherwise transfer the Terms of Service without Burbn's prior written consent.
6. If any provision is held to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability will not affect any other provision of the Terms of Service.
7. On termination, all related rights and obligations under the Terms of Service immediately terminate, except that certain sections will survive termination.

17. Arbitration

Which means: Most disputes between you and Burbn must be resolved by binding individual arbitration rather than in court, and this agreement to arbitrate also covers Burbn's vendors and third party service providers, including the providers of any technology underlying the Services. Please read this Section carefully.

17.1 Agreement to Arbitrate

By agreeing to these Terms of Service, you and Burbn are each waiving the right to a trial by jury and the right to participate in a class action, to the maximum extent permitted by applicable law. An arbitrator can award, on an individual basis, the same damages and relief that a court could award.

17.2 Scope of This Provision

1. This Section applies to all disputes, claims, and controversies of every kind, whether based in contract, tort, statute, fraud, misrepresentation, consumer protection, privacy, publicity, data protection, biometric or facial-geometry claims, intellectual property, or any other legal theory, and whether arising before, during, or after the termination of these Terms of Service.
2. This Section expressly extends to and may be invoked by Burbn's vendors and third party service providers, including the providers of any underlying technology used to deliver the Services. Those providers are intended third-party beneficiaries of this Section and may enforce it directly. For the avoidance of doubt, this includes providers of augmented reality camera technology used in the Burbn camera and in Live Studio.
3. This Section also applies to disputes about whether a claim is subject to arbitration, and to disputes about the formation, existence, scope, validity, enforceability, or interpretation of this Section, except as expressly stated in Section 17.7.
4. This Section survives termination of these Terms of Service and the closure or deletion of your Account.

17.3 Informal Resolution First

Before commencing arbitration, the party raising a dispute must first send a written notice of dispute to the other party describing the nature and basis of the claim and the relief sought. Notice to Burbn must be sent to support@scrolling.in and to the postal address at the end of these Terms of Service. The parties will attempt in good faith to resolve the dispute for a period of thirty (30) days from receipt of the notice. Either party may commence arbitration after that period has elapsed without resolution.

17.4 Arbitration Procedure

1. The arbitration shall be conducted by a sole arbitrator. Where the parties do not agree on the arbitrator within thirty (30) days of a request to do so, the arbitrator shall be appointed in accordance with applicable law at the seat of arbitration.
2. Unless applicable law requires otherwise, the arbitration shall be governed by the Arbitration and Conciliation Act, 1996 (India), as amended, and the seat and venue of arbitration shall be Noida, Uttar Pradesh, India.
3. The language of the arbitration shall be English.
4. Where permitted and where the parties agree, the arbitration may be conducted on the basis of written submissions, by video conference, or by telephone, so that participation is not unduly burdensome.
5. The arbitrator shall issue a reasoned written award. The award shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
6. The arbitrator shall have authority to award only such relief as is available to the individual claimant, and shall not award relief on a class, collective, consolidated, or representative basis.

17.5 No Class or Representative Proceedings

You and Burbn each agree that claims may be brought only in an individual capacity. Claims of more than one user or customer may not be arbitrated or litigated jointly or consolidated with those of any other user or customer without the written consent of all affected parties. If this Section 17.5 is found to be unenforceable as to a particular claim or request for relief, that claim or request shall be severed from the arbitration and may be brought in a court of competent jurisdiction, while all other claims shall remain in arbitration.

17.6 Costs

Each party shall bear its own legal costs unless the arbitrator determines otherwise. The arbitrator's fees and administrative costs shall be allocated in accordance with applicable law and the applicable arbitral rules, and Burbn will not seek to recover its arbitration fees from you in connection with an individual claim brought in good faith except where the arbitrator determines the claim was frivolous or brought for an improper purpose.

17.7 Exceptions

Notwithstanding the foregoing, the following are not subject to arbitration:

• an application by either party to a court of competent jurisdiction for interim, injunctive, or equitable relief to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidential information, or data security;
• any claim that may be brought in a small claims or equivalent tribunal, provided the claim remains in that forum and proceeds on an individual basis; and
• any dispute, right, or remedy that applicable law expressly provides may not be submitted to arbitration or waived, in which case that dispute, right, or remedy is excluded from this Section to the minimum extent necessary and the remainder of this Section continues to apply.

17.8 Relationship to Other Dispute Resolution Provisions

This Section 17 governs the resolution of disputes and prevails over any inconsistent dispute resolution, governing law, forum, or jurisdiction provision elsewhere in these Terms of Service, including Section 13 and Section 16, to the extent of the inconsistency. Where a dispute is excluded from arbitration under Section 17.7, or where arbitration is held unenforceable, the courts identified in Section 13 shall have jurisdiction over that dispute.

17.9 Severability of This Section

If any portion of this Section 17 is found to be unenforceable or unlawful, that portion shall be severed and the remainder of this Section 17 shall continue in full force and effect. Severance of any portion of this Section 17 shall not affect the validity or enforceability of the remainder of these Terms of Service.

18. Camera Effects and AR Lenses

Which means: Burbn's augmented reality camera effects are optional, are powered by third party technology, and are subject to a separate notice and to that provider's own terms, which you will be asked to accept before your first effect.

1. Burbn may make available optional augmented reality camera effects, also described as effects, filters, or Lenses, within the Burbn camera and within Live Studio. These effects are an Additional Service for the purposes of Section 9 and are powered by third party technology, including Camera Kit provided by Snap Inc.
2. Your use of these effects is subject to the Camera Effects and AR Lenses notice and to Section 18 of the Community Guidelines & Content Policy, each of which is incorporated into these Terms of Service by reference.
3. Where required, you will be presented with a one-time prompt to review and accept the technology provider's terms of service and privacy policy before you first interact with an effect. That prompt is supplied by the provider and its language and design are not modified by Burbn.
4. If you decline that prompt, effects will not run. All other camera functionality continues to operate normally and your Account is not restricted in any way as a result.
5. You are solely responsible for the content you create using effects, and such content remains subject to the Community Guidelines & Content Policy in full, including its provisions on child safety, harassment, impersonation, and deceptive product representation.
6. Section 17 (Arbitration) applies to any dispute relating to these effects, and the providers of the underlying technology are intended third-party beneficiaries of that Section as stated in Section 17.2.

19. 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.

these Terms of Service forms part of a single set of contractual documents governing use of the Burbn platform. Where a conflict or inconsistency arises between these Terms of Service and any other document in that set, the conflict shall be resolved by applying the following order of precedence, in descending order of authority:

1. 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
2. the Terms of Service
3. the Merchant Agreement, for matters concerning sellers
4. the Creator Policy, for matters concerning creators
5. the Privacy Policy and the Camera Effects and AR Lenses notice, for matters concerning personal data
6. the Community Guidelines and Content Policy
7. the Returns, Exchange and Refunds Policy, the Burbn Money Back Guarantee, the Shipping and Delivery Policy, and the Cookie Policy
8. 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 these Terms of Service unless recorded in a written amendment published under the modification provisions of the Terms of Service.

20. 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.

1. 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.
2. 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.
3. 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.
4. Nothing in these Terms of Service 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.
5. 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.

21. 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.

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.

22. 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.

22.1 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.

22.2 Aggregate Financial Cap

Subject to clause 22.4, the total aggregate liability of Burbn arising out of or in connection with these Terms of Service, 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:

1. the total amounts actually paid to Burbn by, or paid out by Burbn to, you under these Terms of Service in the 3 calendar months immediately preceding the first event giving rise to the claim; and
2. 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.

22.3 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.

22.4 Liabilities That Are Not Limited

Nothing in these Terms of Service 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.

22.5 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 these Terms of Service and continues to protect Burbn in respect of claims relating to the period before termination.

23. 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 these Terms of Service 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 these Terms of Service.

24. 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.

24.1 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.

24.2 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.

25. 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 these Terms of Service 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 these Terms of Service 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.

26. 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 these Terms of Service, 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 these Terms of Service on written notice, without liability for the termination itself, and without prejudice to amounts already accrued.

27. 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.

28. 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.

these Terms of Service 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.

1. 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 these Terms of Service.
2. 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.
3. The version of these Terms of Service 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.

29. General Provisions

Which means: The standard machinery: what survives, what can be transferred, what happens if one clause fails.

29.1 Survival

Termination or expiry of these Terms of Service 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.

29.2 Severability

If any provision of these Terms of Service 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.

29.3 No Waiver

A failure or delay in exercising a right under these Terms of Service 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.

29.4 Assignment

You may not assign, transfer, charge, sub-contract, or otherwise deal with any right or obligation under these Terms of Service without Burbn's prior written consent. Burbn may assign or transfer these Terms of Service 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. these Terms of Service binds and benefits each party's permitted successors and assigns.

29.5 Third Party Rights

Except as expressly provided, no person who is not a party to these Terms of Service 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 these Terms of Service.

29.6 Entire Agreement

these Terms of Service, 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, these Terms of Service 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.

29.7 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 these Terms of Service — 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.

29.8 Amendment

Burbn may amend these Terms of Service. 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.

29.9 Language and Interpretation

The English text of these Terms of Service 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.

29.10 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 these Terms of Service. 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.