This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. As a minor if you wish to use or transact on Website, such use or transaction may be made by your legal guardian or parents on the Website. Togofogo reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Togofogo's notice or if it is discovered that you are under the age of 18 years.
Your Account and Registration Obligations
When You use the Website or send emails or other data, information or communication to Us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise, which will be deemed adequate service of notice / electronic record.
Platform for Transaction and Communication
The Website is a platform that Users utilize to meet and interact with one another for their transactions. Togofogo is not and cannot be a party to or control in any manner any transaction between the Website's Users. Henceforward:
- All commercial/contractual terms are offered by and agreed to between buyers and sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Togofogo does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the buyers and sellers. All discounts, offers (including exchange offers) are offered by the third party seller/brand and not by Togofogo.
- Placement of order by a buyer with seller on the Website is an offer to buy the product(s) in the order by the buyer to the seller and it shall not be construed as seller's acceptance of buyer's offer to buy the product(s) ordered. The seller retains the right to cancel any such order placed by the buyer, at its sole discretion and the buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by buyer in case of such cancellation by seller, shall be refunded to the buyer. Further, the seller may cancel an order wherein the seller is of the opinion that the quantities ordered by the buyer exceed typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual's consumption quantity limit shall be based on various factors and at the sole discretion of the seller and may vary from individual to individual.
- Togofogo does not make any representation or warranty as to specifics (such as merchantability, quality, value, sale ability, etc) of the products or services proposed to be sold or offered to be sold by seller on the Website. Togofogo does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Togofogo accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
- Togofogo is not responsible for any non-performance or breach of any contract entered into between buyers and sellers. Togofogo cannot and does not guarantee that the concerned buyers and/or sellers will perform any transaction concluded on the Website. Togofogo shall not and is not required to mediate or resolve any dispute or disagreement between buyers and sellers.
- Togofogo does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.
- Togofogo does not at any point of time during any transaction between buyer and seller on the Website come into or take possession of any of the products or services offered by seller nor does it at any point gain title to or have any rights or claims over the products or services offered by seller to buyer.
- At no time shall Togofogo hold any right, title or interest over the products or services nor shall Togofogo have any obligations or liabilities in respect of such contract entered into between buyers and sellers. Togofogo is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
- The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Togofogo is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the third party seller and the buyer.
- You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.
- Disclaimer: Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s). Please note that there could be risks in dealing with under age persons or people acting under false pretense.
- Please note that the Department of Industry Policy and Promotions (DIPP) under the Ministry of Commerce and Industry of the Government of India issued a Press Note No. 3 (2016 Series) on March 29, 2016. According to this Press Note No. 3,
- Post sale, delivery of the goods to the customers and customer satisfaction will be responsibility of seller.
- In marketplace model, payment for sale may be facilitated by e-commerce entity in conformity with the guidelines of the Reserve Bank of India.
- In marketplace model, any warranty/ guarantee of goods and service sold will be responsibility of the seller.
You release and indemnify Togofogo, its group companies and, their respective directors, its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Togofogo cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
Membership on the Website is free for buyers. Togofogo does not charge any fee for browsing and buying on the Website. Togofogo reserves the right to change its Fee Policy from time to time. In particular, Togofogo may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Togofogo reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to UPR Ecommerce Private Limited.
Use of the Website
You understand and agree that Togofogo and its Website merely provide hosting services to its registered Users and persons browsing/visiting the Website. All items advertised/listed and the Contents therein are advertised and listed by registered Users and are third party user generated Contents. Togofogo neither originates nor initiates the transmission nor select the sender and receiver of the transmission nor selects nor modify the information contained in the transmission. Togofogo has no control over the third party user generated Contents. You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:
- "Your Information" is defined as any information you provide to Us in the registration (as registered User), buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and We act only as a passive conduit for your online distribution and publication of Your Information.
- You shall not host, display, upload, modify, publish, transmit, update or share any information which:
- (a) belongs to another person and to which You do not have any right to;
- (b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- (c) harm minors in any way;
- (d) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
- (e) violates any law for the time being in force;
- (f) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- (g) impersonate another person;
- (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- (i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- (j) is misleading in any way;
- (k) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- (l) harasses or advocates harassment of another person;
- (m) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- (n) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- (o) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
- (p) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- (q) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- (r) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- (s) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- (t) contains video, photographs, or images of another person (with a minor or an adult).
- (u) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- (w) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
- (x) interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
- (z) shall not be false, inaccurate or misleading; (aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. (ab) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
- You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
- You shall not make any negative, disparaging, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Togofogo, Togofogo.com, Togofogo.com or otherwise engage in any conduct or action that might tarnish the image or reputation, of Togofogo or sellers on platform or otherwise tarnish or dilute any Togofogo's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Togofogo's systems or networks, or any systems or networks connected to Togofogo.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Environmental Laws, Statutes, Ordinances and Regulations (including, but not limited to Income Tax, Goods and Services Tax (GST), Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
- From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
- It is possible that other Users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please ensure that You carefully select the type of information that You publicly disclose or share with others on the Website.
- Togofogo shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Contents Posted on Site
You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
Authorization to Contact You; Recording Calls
Togofogo may, without further notice or warning and in its discretion, monitor or record telephone conversations You or anyone acting on your behalf has with Togofogo or its agents for quality control and training purposes or for its own protection