This Agreement is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and rules made thereunder and the amended provisions pertaining to electronic documents/records in various statutes as amended by the Information Technology Act, 2000. This Agreement does not require any physical, electronic or digital signature.
APPLICABILITY OF THIS AGREEMENT:
THIS AGREEMENT IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND WOGOM. BY USING THE WEBSITE, ITS SERVICES, AND FEATURES, YOU ARE ACKNOWLEDGING, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS AND CONDITIONS, WHETHER YOU HAVE READ THE SAME OR NOT.
This Agreement is subject to revision by WOGOM at any time. The revised Agreement shall be made available on the Website. You are requested to regularly visit the Website to view the most current terms contained in this document. Your continued use of the Website, following such changes, will constitute your acceptance of those changes.
The Website is a digital platform that has existence on the World Wide Web via different electronic medium. The Website is engaged in connecting the customers/buyers who wish to purchase various products in bulk directly from manufacturers/authorized reseller (“Services”). By subscribing to our Services, either free or paid, you agree to:
Provide current, complete, and accurate information about yourself as prompted to do so by the Website.
To maintain and update the above information as required and submitted by you with the view to maintain the accuracy of the information being current and complete.
ELIGIBILITY TO USE
You represent that you are of legal age to form a binding contract and are not a person barred from receiving information under the laws as applicable in India. Notwithstanding the foregoing, if you are below the age of eighteen (18) years, please read through this Agreement with your parent or legal guardian, and in such a case this Agreement shall be deemed to be a contract between WOGOM and your legal guardian or parent and to the extent permissible under applicable laws, enforceable against you.
WOGOM reserves the right to refuse access to use the Website to any new users or to terminate access already granted to you at any time without according any reasons for doing so.
You shall not have more than one active Account (defined below) on the Website. Additionally, you are prohibited from selling, trading, or otherwise transferring your Account to another person.
To avail WOGOM’s Services, You may be required to create an account on the Website (“Account”). You agree to furnish all the requisite details and information that WOGOM may request at the time of creation of account and thereafter. You shall be responsible for maintaining confidentiality of all such information furnished to WOGOM including without limitation, login credentials, password etc. You agree to (a) immediately notify WOGOM of any unauthorized use of your Account Information or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. WOGOM cannot and will not be liable for any loss or damage arising from your failure to comply with this section. You may be held liable for losses incurred by WOGOM or any other user of or visitor to the Website due to authorized or unauthorized use of your Account as a result of your failure in keeping your Account Information secure and confidential.
You further declare and affirm that all the details provided to WOGOM by you is correct and true to the best of your knowledge and belief. If any information provided by you is incorrect, illegal, or against the provisions of any laws, WOGOM shall have right to terminate this Agreement and deactivate your Account on the Website without giving any refunds.
If anyone other than yourself accesses your Account, they may perform any actions available to you, make changes to your Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.
You may request closure of the account at any time by clicking on “deactivate your account” button.
Your account will be deactivated provided that all the outstanding dues and payments have been duly fulfilled. Upon deactivation of your services.
WOGOM grants You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website.
You agree not to access (or attempt to access) the Website by any means other than through the interfaces that are provided by WOGOM. You shall not use any deep-link, 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 in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
When you use the Website you specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information that:
Belongs to another person and to which you do not have any right to.
Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnical objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
Harms minors in any way.
Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity.
Threatens the unity, integrity, defense, 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 of any other nation.
Infringes any patent, trademark, copyright or other proprietary rights.
Contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource.
Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website).
Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any WOGOM server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means.
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.
Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites.
Use the Website for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of WOGOM or other third parties.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service.
Violate any applicable laws or regulations for the time being in force within or outside India;
Violate the terms of the Agreement.
You agree that you are solely responsible to WOGOM and to any third party for any breach of your obligations under this Agreement or other Agreements and for the consequences (including any loss or damage which WOGOM or its affiliates or its vendors may suffer) for any such breach.
You can pay for the product either at the time of placing the order with WOGOM or after the product is delivered to you. WOGOM provides multiple mode of payment. You can pay via Debit/Credit cards, net banking of all the popular banks, Wallets like Paytm, Google Pay, Amazon Pay, UPI ID, while paying at the time of placing of the order or pay via cash at the time of delivery of the product. WOGOM reserves the right to cancel cash payment on delivery at any time and on any particular products as it may deem fit.
WOGOM reserves the right to modify/change the amount chargeable on any product or any other fees, change any terms of this clause as it may think fit at any time without any prior notice to you. However, such modification/change shall be made applicable prospectively.
You agree and understand that all payments shall only be made to bank accounts of WOGOM. WOGOM or its agents, representatives or employees shall never ask you to transfer money to any private account or to an account not held in the name of WOGOM. You agree that if you transfer any amount against any registration/placement of order or transaction to any bank account that is not legitimately held by WOGOM or to any personal account of any person, WOGOM shall not be held liable for the same. You shall not hold any right to recover from WOGOM any amount which is transferred by you to any third party.
You will not share your personal sensitive information like credit/debit card number, CVV, OTP, card expiry date, user IDs, passwords etc. with any person including the agents, employees or representatives of WOGOM. You shall immediately inform WOGOM if such details are demanded by any of its agents’ employees or representatives. WOGOM shall not be liable for any loss that you may incur for sharing the aforesaid details.
USE OF CONTENT
Except as expressly indicated to the contrary in any applicable additional terms, WOGOM hereby grants you a non-exclusive, revocable and non-transferable right to view, download and print the Content available on the Website, subject to the following conditions:
You shall access and use the Content solely for personal, informational, and internal purposes, in accordance with this Agreement.
You shall not modify or alter Content available on the Website.
You shall not distribute or sell, license or otherwise make the Content available on the Website available to others.
You shall not remove any text, copyright or other proprietary notices contained in the Content available on the Website.
The rights granted to you in the Content or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by Intellectual Property Rights and shall not be copied or imitated in whole or in part.
THIRD PARTY CONTENT
General third party information as well as blogs such as, specifications of the products, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources may be made available on the Website ("Third Party Content"). You acknowledge that the Third Party Content provided to you is obtained from sources believed to be reliable. All Third Party Content is provided on an 'As Is' basis. WOGOM does not provide any guarantee with respect to the accuracy, title, non-infringement or fitness for a particular purpose of any Third Party Content. WOGOM shall not be held liable for any loss suffered by you based on your reliance on or use of such Third Party Content.
In the event any Third Party Content contains links to third party websites, and you visit any such external link, You agree to do so at your own risk, responsibility and liability. WOGOM makes no warranty or representation regarding, and does not endorse, any website linked to the Website / Services or the information appearing thereon or any of services described thereon.
INTELLECTUAL PROPERTY RIGHTS
The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by WOGOM or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website, by no means are any rights impliedly or expressly granted to you in respect of such Content. WOGOM reserves the right to change or modify the Content from time to time at its sole discretion.
The trademarks, logos and service marks displayed on the Website ("Marks") are the property of WOGOM or respective third parties. You are not permitted to use the Marks without the prior consent of WOGOM or the third party that may own the Marks.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, WOGOM owns all intellectual property rights to and into the trademark " WOGOM ", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from WOGOM or thirty party owner of such Content.
DISCLAIMER OF WARRANTIES & LIABILITY
The Website, Services, Content, User Content and any Third Party Content are provided by WOGOM on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise.
To the maximum extent permitted by applicable law, WOGOM will have no liability related to any Content including Third Party Content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. WOGOM also disclaims all liability with respect to the misuse, loss, modification or unavailability of any Content including Third Party Content.
You expressly understand and agree that, to the maximum extent permitted by applicable law WOGOM will not be liable for any loss that you may incur as a consequence of unauthorized use of your Account or Account information in connection with the Website or any Services, either with or without your knowledge.
WOGOM has endeavored to ensure that all the information on the website is correct, but WOGOM neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, or product. WOGOM shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, WOGOM shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond WOGOM' control. The User understands and agrees that any material or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. WOGOM is not responsible for any typographical error leading to an invalid coupon. WOGOM accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
You agree to indemnify, defend and hold harmless WOGOM, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with your breach of this Agreement.
Notwithstanding anything to contrary in the Agreement(s), in no event shall WOGOM, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not WOGOM has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website.
TERM AND TERMINATION
The Agreement will continue to apply until terminated by either you or WOGOM as set forth below. If you want to terminate your agreement with WOGOM , You may do so byclicking on “deactivate your account” button.
You agree that WOGOM may, in its sole discretion and without prior notice, terminate your access to the Website and block your future access to the Website if WOGOM determines that you have violated the terms of this Agreement.
WOGOM may, at any time, with or without notice, terminate this Agreement with You if:
WOGOM is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful), or upon request by any law enforcement or other government agencies.
WOGOM has elected to discontinue, with or without reason, access to the Website, or.
In the event WOGOM faces any unexpected technical issues or problems that prevent the Website from working.
Notwithstanding the foregoing, these such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until WOGOM chooses to terminate them.
GOVERNING LAW AND JURISDICTION
This Agreement and all transactions entered into on or through the Website and the relationship between you and WOGOM shall be governed in accordance with the laws of India without reference to conflict of laws principles.
You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, this Agreement, or any transactions entered into on or through the Website or the relationship between you and WOGOM shall be subject to the exclusive jurisdiction of the courts at Ahmedabad, India and You hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against a party if given as provided herein.
When you use the Website or generate inquiry or contact us or make a communication with WOGOM,You agree and understand that you are communicating with WOGOM through electronic records and you consent to receive communications via electronic records from WOGOM periodically and as and when required. WOGOM will communicate with you by email or on your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.
Notice: All notices with respect to this Agreementwill be served to you by email or by general notification on the Website. Any notice provided to WOGOM pursuant to this Agreement should be sent to Grievance Officer at firstname.lastname@example.org.
Assignment: You cannot assign or otherwise transfer any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. WOGOM’ rights and/or obligations under the Agreement are freely assignable or otherwise transferable by WOGOM to any third parties without the requirement of seeking your prior consent.
Principal to Principal Relationship: You and WOGOM are independent contractors, and nothing in this Agreement will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between you and WOGOM.
I hereby give my consent to Wogom & Rupifi to use my PAN card details and other necessary personal details required to fetch my CIBIL.
I authorize WOGOM to reach me on my registered mobile number through WhatsApp for any new launch/marketing/ Invoices or for any business-related communications.