Returns, Exchange and Refunds Policy

Returns, Refunds and Exchange is the scheme provided by various sellers listed on Burbn's website available at www.scrolling.in or the mobile application under the brand name "Burbn" (collectively "Platform"), in relation to all products listed on the Platform. Returns, refund and exchange policy gives you an option to return, exchange, or receive a refund for items purchased on the Platform, within 7 days of delivery, subject to applicable terms and conditions set out under this Policy and/or such other policies as may be applicable from time to time.

1. Returns

Products listed on the Platform are eligible for return within 7 days of delivery, subject to the conditions specified on the product description page and in this Policy, and subject to the category-specific exceptions expressly set out in this Policy. The principal exception is smartphones, which are dealt with in Section 7 and which are eligible for replacement rather than return and refund.

Burbn operates as a marketplace intermediary. The contract of sale is formed between the customer and the relevant seller, and the seller bears primary responsibility for the goods, their description, and their conformity. Burbn administers this Policy across the Platform, facilitates pickups and refunds, and applies service standards to sellers, and its doing so does not make Burbn the seller of the goods or transfer the seller's obligations to Burbn. Nothing in this paragraph limits any right a customer has against Burbn or a seller under the Consumer Protection Act, 2019 or the Consumer Protection (E-Commerce) Rules, 2020.

The Platform at its discretion may not accept returns of any Product for reasons, including but not limited to, the product being returned not being in good condition, or the product not meeting the quality check criteria as described in this Policy.

Burbn shall not be liable or accountable for accepting returns in the circumstances where You have:

• Not followed the process of initiating returns as provided in this Policy and in other communications to You
• Returned a shipment with wrong product, extra product or missing products
• Acted in bad faith or fraudulent manner

Further, in the event of abuse of the Platform or the Platform policies which include excessive returns, high claim percentage or refusal to accept shipments, indication of any fraudulent or suspicious activity or behavior on our Platform ("Abuse of Platform Policies"); Burbn shall at its sole discretion not accept any return initiated by You or compensate you for wrong/damaged/missing products.

All products listed on the Platform are eligible for exchange subject to applicable policies of the platform.

2. Return Options

All products on Burbn will have two return options available:

• Wrong/Defective Items Return Option
• All Return Option

The applicable return option for each product will be specified on the product description page. Both return options are available across all products listed on the Platform.

All Return Option

Subject to applicable policies, Burbn provides an 'all return option' to its users, wherein users will be able to enjoy certain privileges on a specific product in lieu of payment of a premium on the product cost. Features include:

• The user will be allowed to return an already purchased product within 7 days of delivery.
• The user will be eligible to return the product for any reason, including reasons other than the product being wrong or damaged.
• The all return option is available across all products listed on the Platform.

Wrong/Defect Item Return Option

If You are not availing an all return option, you may avail the 'Wrong/Defect item return option'. Under this option:

• The user will be allowed to return an already purchased product within 7 days of delivery.
• The user will only be eligible to return the product if the product received is defective, damaged, wrong or incomplete due to the seller's fault.

3. Cost of Return

If you have opted for an all return option and are eligible to return the product as per applicable policies, you may return the product free of cost no matter what the reason.

If you have opted for the Wrong/Defect return option and are eligible to return the product as per applicable policies, you may return the product free of cost if fault with the product lies with the supplier.

Faults That Lie with the Supplier

The following aspects will be verified before arranging return free of cost:

• Whether the quality of the product returned is merchantable
• Whether the product had degraded in performance, if applicable

4. Exchange

Burbn accepts exchange requests for all products listed on the Platform. You may check the exchange status of your order in the order details page in the 'My Orders' section after the product has been delivered. You may exchange the product, subject to applicable policies.

Eligibility of a product for exchange is subject to various aspects including but not limited to stock availability, address being serviceable, seller rating, catalog quality metric, and such other aspects at the sole discretion of the Platform.

Exchange is not the applicable remedy where the reason is either of the following. This is a routing rule about which remedy applies, and is not a refusal of remedy:

• The customer is no longer interested in the product. In that case the applicable remedy is return and refund under Sections 1 to 3, within 7 days of delivery.
• A quality issue, defect, damage, or non-conformity with the listing. In that case the applicable remedy is return and refund under Sections 1 to 3, or replacement where offered for that category, in each case within 7 days of delivery. A customer is never left without a remedy because a defect was raised as an exchange request; Burbn will treat such a request as a return request and process it accordingly.

For clarity, exchange is intended for cases such as an incorrect size, colour, or variant, where the customer wishes to keep a product of the same description. Where a customer is entitled to reject goods that are defective, deficient, or not as described, that entitlement is unaffected by this Section.

Important: The exchange request must be raised within 7 days of delivery. Once a product has been exchanged, there cannot be any more exchanges on the same order.

In case of exchange, if the cost of the new product is more than the original product delivered, you will have to pay the difference in amount. If the cost of the new product is less than the original product delivered, the difference in amount will be refunded.

5. How to Return a Product?

You can return any product purchased on the Platform within 7 days of delivery. To return a product, please follow the steps mentioned below:

1. Initiate the return request under the 'My Orders' section on the Platform.
2. Create a 'return request' under the 'My Orders' section on the Platform and follow the instructions provided on the Platform.
3. After the 'return request' has been raised, Return ID will be generated by Burbn.
4. In case you purchase multiple products in a single order, return requests for individual items can also be raised.
5. Once a return request is raised, Burbn shall analyse the request and accordingly process the request internally. All return claims shall be subject to Burbn's discretion and applicable policies.
6. If you have scheduled a pick–up for returning the product, please keep the items ready to be picked up by the delivery partners.
7. Please keep the product in the original manufacturer's packaging, all tags should be intact, the product should be unused and warranty card, if any, should also be placed with the product.
8. At the time of pick up, our delivery partner may conduct a quality check on the product to ensure the product meets the criteria specified under return guidelines. If the product fails such a quality check, the product shall not be returned, and no refund shall be made against such product.
9. Please note that the product will be picked up from the same address where delivery was made.
10. Further, on receipt of returned product, the product shall undergo a quality check. If the product returned is in an acceptable condition, as determined by Burbn at its sole discretion, the refund shall be initiated, otherwise the product will be re-shipped to you, at your cost, and no refund shall be initiated.

6. How to Exchange a Product?

You can exchange any product purchased on the Platform within 7 days of delivery, subject to applicable policies. Exchange means exchange with the same product and not with a different product.

1. The exchange option shall be available against all eligible products under the 'My Orders' section.
2. Create a 'exchange request' under the 'My Orders' section on the Platform and follow the screens that are prompted.
3. In case you purchase multiple products in a single order, exchange requests for individual items can also be raised.
4. After an exchange request has been raised, Exchange Id will be generated.
5. Keep the items ready for exchange pick up. Please keep the product in the original manufacturer's packaging, all tags should be intact, product should be unused and warranty card, if any, should also be placed with the product.
6. Once the original product is handed over to the delivery agent, the exchanged product will be delivered to you separately or by the same agent at the time of pick up, at the sole discretion of Burbn.
7. At the time of pick up, the delivery agent may conduct a quality check on the product to ensure the product meets the criteria specified under return guidelines. If the product fails such a quality check, the product shall not be exchanged.
8. The product will be picked up from the same address where delivery was made.

7. Return & Replacement Policy for Smartphones

7.1 Device Issues (Manufacturing / Technical)

If the smartphone has any manufacturing defect or technical issue, it will be serviced and resolved directly by the respective brand at its authorized service centre, strictly in accordance with the brand's warranty and service policies.

7.2 Dead on Arrival (DOA)

In case the smartphone is found to be non-functional/dead on arrival:

• The user must obtain a DOA (Dead on Arrival) certificate from the brand's authorized service centre.
• The user must also share an uninterrupted, uncut and unambiguous unboxing video of the product with Burbn.
• Only upon receiving both the DOA certificate and the unboxing video, Burbn will process a replacement request in accordance with its policies.

7.3 Physical Damage on Delivery

If the smartphone is received with any physical damage:

• The user will be eligible only for a replacement of the product.
• A clear and unambiguous unboxing video must be provided, showing the damage at the time of opening the package.
• Without such evidence, the replacement request cannot be processed.

7.4 Supplementary Conditions

• All replacements are subject to the respective brand's and Burbn's verification processes and policies.
• Replacement requests founded on Dead on Arrival or on physical damage visible on delivery shall be raised within 3 days of delivery, because the supporting unboxing evidence must relate to the opening of the package. All other smartphone replacement requests may be raised within 7 days of delivery, consistent with the general window in this Policy.
• Users shall retain original packaging, invoice, and accessories until the issue is resolved.
• Smartphones are a replacement-only category. The ordinary remedy for a smartphone is replacement in accordance with this Section rather than return and refund, because manufacturing and technical defects are addressed by the brand under its warranty at an authorised service centre.

8. Common Guidelines for Return and Exchange

Burbn accepts returns and exchanges for all products. Prior to initiating a return or exchange request on the Platform, You shall ensure that the product which is either being returned or exchanged:

1. Must be in its original condition with all the packaging including brand/manufacturer's box/packaging, tags, warranty cards and other accessories intact
2. Must not be damaged in your possession
3. Must be unused, unwashed, unsoiled, without any stains and with non-tampered quality check seals/return tags/warranty seals (wherever applicable)
4. Must not be used or altered
5. Must be the same product that was delivered to you
6. Must be returned/exchanged within 7 days of delivery

Further, IMEI/name/image/brand/serial number/article number/bar code of the returned/exchanged product should match the records of Burbn. Any additional conditions provided in the product details against each product shall be applicable as well.

Additional Guidelines

• Your address and the item that you wish to return/exchange must be eligible for return/exchange as provided in this policy.
• If the return is not eligible for pickup, a return option will not be available.
• If you have requested for a return, you will be provided with a refund once the product returned has been received by the seller.
• If you intend to return/exchange an electronic device that stores any personal information, you must remove/delete all such personal information from the device prior to returning. Such electronic device should be formatted, and screen lock should be disabled.
• No return, exchange shall be accepted if warranty card, if any, is missing while return, or exchange of product.
• All products available on the Platform are returnable/exchangeable within 7 days of delivery.

9. Refund

How will I get my refund?

1. Refund will be credited to the same source of payment from which payment was received, after deducting the cost of return (where applicable), once the return product is received.
2. If you desire to return a product, then you shall be entitled to receive only the amount actually paid by you for the purchase of the product, subject to applicable deductions.
3. In the event any product is returned, then any offer, promotion, discount applied to such product shall be forfeited.
4. If you have made the payment through your bank account, the refund will be credited to the same bank account from which payment was received after deducting the cost of return (where applicable), once the return is received.
5. If you have made the payment as cash on delivery, you will be given an option to either receive the refund in your bank account or as Burbn Balance.

When will I get my refund?

Following are the processing timelines after the product is received by us or when the seller notifies us of the receipt of the products:

10. Instant Refund

Burbn offers instant refund whereby the refund will be triggered within 4 (four) hours of the product being picked up and marked by the delivery partners as successfully picked up. The refund will be reflected to the bank account within 3-7 Business Days or as Burbn Balance within a maximum of 2 Business Days.

Conditions for Instant Refund

1. Instant Refunds are only available for cash on delivery orders.
2. The product which is being returned should have successfully undergone a quality check by the delivery partners and should have been marked as successfully picked up for return on the systems of Burbn.
3. In the event where the delivery partner is unable to mark the product as successfully picked up in the systems of Burbn, as a result of technical issues, Burbn shall not be liable to process the Instant Refund.
4. Instant Refunds will not be processed in case of instances whereby the systems of Burbn cannot generate a refund without manual intervention.
5. Instant Refunds may not be available for orders fulfilled through a seller account that Burbn has flagged for verification, that is subject to a payout hold, or that is under review for suspected fraud. In such a case the refund is processed through the standard route in Section 9 rather than the instant route.
6. Instant Refunds will not be processed if the bank details or UPI ID is not provided or is inaccurate.

Burbn reserves the right in its sole discretion to refuse Instant Refund for reasons including but not limited to: (i) any fraud or malpractice committed by the user and detected by Burbn at any point of time, (ii) for any other reason that Burbn may deem fit.

11. Miscellaneous

Customer claims and requests for return, exchange, or refund are assessed against the conditions set out in this Policy. Where a request is declined, Burbn will record the reason and communicate it to the customer, and the customer may escalate under the grievance provisions below. An assessment is made on the evidence available, including the quality check performed at pickup, and is not a matter of unfettered discretion.

Burbn may amend this Policy. Where an amendment materially reduces a customer's entitlement, Burbn will publish the amendment and give reasonable notice before it takes effect, other than where an immediate change is required by law, regulatory direction, or an order of a court or authority. The version of this Policy in force on the date an order was placed governs that order; a later amendment does not apply retrospectively to reduce an entitlement in respect of an order already placed.

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:

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 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.

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 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.
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.

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.

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:

1. 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
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.

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.

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.

• 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 Burbn, 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.

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 this Policy.
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 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.