AGREEMENT OF TERMS AND CONDITIONS APPLICABLE TO ADVERTISERS/CUSTOMERS

YOUR ACCEPTANCE OF THIS AGREEMENT:

This is an agreement between you ("you", " your" "caller" or "user") and Ingenious Inception Retail Relation Private Limited, a company incorporated under the provisions of the Companies Act, 1956. ("Ingenious Inception Retail Relation Private Limited" "we," or "our") that governs your use of the search, booking services or any other services offered by Ingenious Inception Retail Relation Private Limited through its website [www.GoBazaarOnline.com] ("Website"), telephone search, SMS, WAP or any other medium (collectively "Platforms"). When you access, use or book any orders using any of the Platforms you agree to be bound by these Terms and Conditions ("Terms").

1. Interpretation

"Agreement" is for the purposes of for placing an order of goods/Services through its advertiser registered/listed with Ingenious Inception Retail Relation Private Limited as described in this agreement. All the orders/inquiries placed by you through its website [www.GoBazaarOnline.com] ("Website"), telephone search, SMS, WAP or any other medium, will be forwarded by Ingenious Inception Retail Relation Private Limited to the advertisers listed with us, for further processing of your orders.

"Goods" means Goods described in an Order form.

"Intellectual Property Rights" Includes all rights in respect of copyright, trademarks, patents, designs, protection of confidential information and circuit layouts, whether arising under statute or otherwise.

"Order" means any order/inquiries/ booking request placed by you through Ingenious Inception Retail Relation Private Limited which will in turn will be forwarded to respective Advertiser listed with Ingenious Inception Retail Relation Private Limited.

"Product List" means the list of Goods displayed on the Ingenious Inception Retail Relation Private Limited web site as amended from time to time.

2. Applicability

The terms of use will be applicable between You and Ingenious Inception Retail Relation Private Limited, as a Client/Advertiser once you have registered yourself either as an Client/Advertiser or Customer.

3. Placement of Order

You have the option of placing the order by calling to Ingenious Inception Retail Relation Private Limited Caller Centre Number and/or by using the booking facility provided on the web, WAP or by any other means as introduced by Ingenious Inception Retail Relation Private Limited from time to time.

Ingenious Inception Retail Relation Private Limited collects customer orders and forwards them to the advertiser which may or may not choose to complete the order.

To order goods from Ingenious Inception Retail Relation Private Limited Platforms you must be of legal age as specified by the appropriate authority.

4. Order Completion

You must complete or give requisite details for completing an order form for the purposes of booking your order. You warrant that all information and data provided by you in the order form is accurate, complete and up to date. If you are placing an order through phone then in that event your order is deemed to be completed once the details are filled by Ingenious Inception Retail Relation Private Limited executive and in case you are placing an online order through Ingenious Inception Retail Relation Private Limited website then it is deemed to be completed once the details are filled online in the order form.

5. Delivery

You hereby confirm all products are subject to availability and You acknowledge the fact that Booking of Orders are taken/booked by Ingenious Inception Retail Relation Private Limited but the goods/products are delivered by advertiser listed with Ingenious Inception Retail Relation Private Limited.

6. Pricing

Ingenious Inception Retail Relation Private Limited reserves the right to alter prices of goods at any time as requested by the respected advertiser of goods. All prices quoted are in Indian National Rupee (INR). All orders are subject to availability and confirmation by the advertiser of the goods and services.

If any product ordered is unavailable or incorrectly priced then advertiser will advise you the correct price of the product before delivery or recommend a suitable substitute.

7. Cancellation and Modification

Cancellation or modification of any bookings made through Ingenious Inception Retail Relation Private Limited shall be strictly in accordance with the Advertisers modification and cancellation policy, including with respect to refund. You may directly contact the respective advertiser and/or Ingenious Inception Retail Relation Private Limited IVR for processing any requests pertaining to cancellation or modification. The cancellation and modification request made by you to Ingenious Inception Retail Relation Private Limited IVR will be forwarded to respective advertiser for its resolution.

8. Disclaimer with regard to Content:

We have no control over and are not responsible for the content of any third-party websites linked to or framed within the Website, or any third-party advertisements and we expressly disclaim (and do not endorse or verify) the accuracy or reliability of the content on any such third-party websites. Those links are provided for your convenience only and may not remain current or be maintained. Website links on this Website should not be construed as an endorsement, approval or recommendation by us of the linked website or its content. We are not responsible for the content or privacy practices associated with linked websites. When viewing a third party website, you should read the terms, conditions and privacy statements detailed on that website. Your use of or reliance upon such third-party websites is at your own risk.

We derive our information from sources which we believe to be accurate and up to date at the time of publication. All information provided on the Website is provided in good faith. We do not make any representation or warranty that the information provided is timely, reliable, accurate or complete; and will not be liable for any claim or loss resulting from any action taken, or reliance made by you on any information, material or advice provided on the Website, or for any incorrect information provided on the Website.

We reserve the right to change, update or terminate the Website and Content or any part of them at any time in our absolute discretion, without notice or liability to you.

All of the data on products and promotions including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the product or promotion. You should use discretion while using the Platforms.

Ingenious Inception Retail Relation Private Limited reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Platforms. Where appropriate, we will endeavor to update information listed on the Website on a timely basis, but shall not be liable for any inaccuracies.

We reserve the right to disable links to or from third-party sites to any of our Platforms, although we are under no obligation to do so. This right to disable links includes links to or from advertisers, sponsors, and content partners that may use our Marks as part of a co-branding relationship.

All those sections in the Platforms that invite reader participation will contain views, opinion, suggestion, comments and other information provided by the general public, and Ingenious Inception Retail Relation Private Limited will at no point of time be responsible for the accuracy or correctness of such information. Ingenious Inception Retail Relation Private Limited reserves the absolute right to accept/reject information from readers and/or advertisements from advertisers and impose/relax Platforms access rules and regulations for any user(s).

Ingenious Inception Retail Relation Private Limited also reserves the right to impose/change the access regulations of the Platforms, whether in terms of access fee, timings, equipment, access restrictions or otherwise, which shall be posted from time to time under these terms and conditions. It is the responsibility of users to refer to these terms and conditions each time they use the Platforms.

While every attempt has been made to ascertain the authenticity of the content in the Platforms, Ingenious Inception Retail Relation Private Limited is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to any decisions based on content in the Platforms resulting in loss of data, revenue, profits, property, infection by viruses etc.

9. Terms Applicable to Advertisers/Clients:

  • The Advertisers may note that the Website is limited to the Retail Relation between Ingenious Inception Retail Relation Private Limited and the Advertiser/Client. Ingenious Inception Retail Relation Private Limited does not have access to the personal/corporate information of the Advertiser/Client including but not limited to the details pertaining to the registration of the Advertiser/Client with the Registrar of Companies.
  • The content of the page in the Website is for general information and usage only. Ingenious Inception Retail Relation Private Limited reserves its right to change such information, as deemed necessary from time to time without notice to you as an Advertiser/Client.
  • The Advertiser/Client shall be solely responsible and liable to any person, individual, company for furnishing wrong information or wrong products on the Website of Ingenious Inception Retail Relation Private Limited. It is further expressly made clear that Ingenious Inception Retail Relation Private Limited shall not be liable for any such wrong information.
  • The Advertiser agrees that the amount paid at the time of execution of the contract between Ingenious Inception Retail Relation Private Limited and the Advertiser/Client shall be inclusive of basic charges, such other charges including but not limited to service tax payable for availing the services of Ingenious Inception Retail Relation Private Limited. It is further expressly made clear that additional charges may be imposed for special authentication such as Advertising on Front Page of the Website.
  • The applicable rates of plans and schemes are subjected to be changed by Ingenious Inception Retail Relation Private Limited a/c to market/company requirements. This will be intimated to you and that has to be paid without any claims/disputes.
  • The merchant page will be displayed as per the plans and schemes, he/she is enrolled in. The page will be displayed/updated on www.GoBazaarOnline.com only after making the required payments.
  • Minimum 24 business hours or more will be taken for the activation/live or any updates by merchants in GoBazaarOnline.com. Only those pages or accounts will be allowed to submit which are complete in all respect, which will be decided by Ingenious Inception Retail Relation Private Limited only.
  • Any page or account on www.GoBazaarOnline.com will be made public or live only after the administrator’s permission from Ingenious Inception Retail Relation Private Limited after verification. Administrator refers to a person/system authorized by Ingenious Inception Retail Relation Private Limited.
  • The Advertiser/Client agrees that the user id and the password provided on the Website of Ingenious Inception Retail Relation Private Limited shall belong to such Advertiser/Client who undertakes to list only those products/services that are available.
  • The Advertiser/Client agrees that in the event it is brought to the notice of Ingenious Inception Retail Relation Private Limited that there is an eventuality of unauthorized usage of the Website, the Advertiser shall be liable to make good the loss sustained by Ingenious Inception Retail Relation Private Limited by way of damages and necessary legal proceedings for recovery of damages/criminal proceedings for commission of the criminal offense shall be initiated against the Advertiser/Client before the competent courts. The costs and such other expenses incurred by Ingenious Inception Retail Relation Private Limited shall be borne by such Advertiser/Client who has committed this offense of unauthorized use of the Website.

10. Terms Applicable to Customers:

  • The Customers who use the Website are fully aware that the details provided in the Website are furnished by the Advertiser/Client and that Ingenious Inception Retail Relation Private Limited does not owe any responsibility in respect of such content on the Website.
  • The Customers further agree that Ingenious Inception Retail Relation Private Limited is not responsible for compliance of any of the guarantee of the products/services listed on the Website. The Advertiser/Client who has listed the products/services shall be liable to the Customer and further the value/utility of the products/services is at the sole risk and responsibility of the Advertiser/Client. The Customer is not entitled to hold Ingenious Inception Retail Relation Private Limited responsible for any such non compliance on the part of the Advertiser/Client.
  • The business timing mentioned on the merchant’s page is not strictly followed always . It only gives a general information for the viewers.
  • In the event the Customer finds any advertisement that is misleading, the Customer shall register a complaint to that effect by sending an email to Ingenious Inception Retail Relation Private Limited at [contactus@gobazon.com]. Upon receipt of any such complaint, Ingenious Inception Retail Relation Private Limited shall be entitled but not obligated to remove the page of such Advertiser.
  • The Customer further agrees that Ingenious Inception Retail Relation Private Limited shall not be responsible to ascertain if the Advertiser/Client is registered with the Registrar of Companies. It would be the responsibility of the Customer to ascertain such details on the website of the Advertiser/Client prior to availing any services and/or placing order for any products listed by such Advertiser/Client on the Website.

11. Disclaimer in relation to Warranty of Goods/Services:

Please remember that any provider of goods or services is entitled to register with Ingenious Inception Retail Relation Private Limited. Ingenious Inception Retail Relation Private Limited does not examine whether the advertisers are good, reputable or quality sellers of goods / service providers. You must satisfy yourself about all relevant aspects prior to booking / availing services. Ingenious Inception Retail Relation Private Limited has also not negotiated or discussed any terms of engagement with any of the advertisers. The same should be done by you. Booking, Purchasing and availing goods and services from advertisers shall be at your own risk.

We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the Platforms.

References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Platforms.

The material and the platforms used to provide the material (including the website) are provided "as is" and "as available" without warranty of any kind, either express or implied or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Ingenious Inception Retail Relation Private Limited disclaims, to the fullest extent permitted under law, any warranties regarding the security, reliability, timeliness, accuracy and performance of the platforms and materials. Ingenious Inception Retail Relation Private Limited does not warrant that any defects or errors will be corrected; or that the content is free of viruses or other harmful components.

Ingenious Inception Retail Relation Private Limited disclaims any and all warranties to the fullest extent of the law, including any warranties for any information, goods, or services, obtained through, advertised or received through any links provided by or through the platforms some countries or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from country to country and jurisdiction to jurisdiction.

12. Limited Assurance Clause

Ingenious Inception Retail Relation Private Limited offers only a limited assurance in so far as the name and contact information of the advertiser and the category in which the advertiser is listed by Ingenious Inception Retail Relation Private Limited, have been verified as existing and correct at the time of the advertiser's application to register with Ingenious Inception Retail Relation Private Limited. Ingenious Inception Retail Relation Private Limited makes no representations or warranties, whether express or implied, including but not limited to warranties of the continued existence and/or operations of the advertiser, or the quality, quantity, merchantability or fitness for use of the goods or services offered by the advertiser.

13. GENERAL DISCLAIMERS:

Users using any of Ingenious Inception Retail Relation Private Limited service across the following mediums i.e. through internet i.e [www.GoBazaarOnline.com] Website, WAP, SMS, phone or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper inquiry before they (Users) rely, act upon, make any kind of booking or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction) with the Advertiser listed with Ingenious Inception Retail Relation Private Limited.

Users using any of Ingenious Inception Retail Relation Private Limited service across the following mediums i.e. through internet i.e [www.GoBazaarOnline.com] Website, WAP, SMS, phone or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper inquiry before they (Users) rely, act upon, make any kind of booking or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction) with the Advertiser listed with Ingenious Inception Retail Relation Private Limited.

14. Unlawful Activity

We reserve the right (at our discretion) to investigate complaints or reported violations of the Terms and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third-parties and disclosing any information necessary or appropriate to such persons or entities relating to your Registration Data, usage history, posted materials, IP addresses and traffic information etc.

Any obscurity made by client/customer against www.GoBazaarOnline.com/ Ingenious Inception Retail Relation Private Limited on social media websites such as Facebook / whatsapp / twitter etc. may lead to legal action being taken by www.GoBazaarOnline.com/ Ingenious Inception Retail Relation Private Limited.

15. Risk and Title

Risk in the goods passes to you upon delivery of the goods to the delivery address by the Advertiser/Client registered with Ingenious Inception Retail Relation Private Limited.

16. Indemnity

You agree to indemnify Ingenious Inception Retail Relation Private Limited and its affiliates, employees, agents and representatives, and to hold them harmless from any and all claims and liabilities (including any and all attorneys' fees) that may arise from your submissions, and from your unauthorized use of goods obtained through Ingenious Inception Retail Relation Private Limited (via its advertiser), from your breach of this Policy, or from any such acts arising through your use of Ingenious Inception Retail Relation Private Limited.com. These obligations will survive any termination of the Terms.

17. Limitation of liability:

You acknowledge that the details provided on the Website by Ingenious Inception Retail Relation Private Limited is provided "as is site" and that Ingenious Inception Retail Relation Private Limited is not making and has not made any warranty or representation as to suitability, merchantability, quality of the goods which will be supplied or delivered by its listed advertiser for any particular purpose. You agree that in using Ingenious Inception Retail Relation Private Limited, You are not relying on any statement or representation made by Ingenious Inception Retail Relation Private Limited which is not expressly contained in this Agreement.

In no event shall Ingenious Inception Retail Relation Private Limited be liable to you on account of your booking, use, misuse or reliance on the platforms for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, even if Ingenious Inception Retail Relation Private Limited are aware of or have been advised of the possibility of such damage, arising out of or connected with the use (or inability to use) or performance of the platforms, the materials or the internet generally, or the use (or inability to use), reliance upon or performance of any material contained in or accessed from any platforms. Ingenious Inception Retail Relation Private Limited does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed on the platforms or other material accessible from the platforms.

You assume all responsibility and risk for the use of this platforms and the internet generally. The foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law. Some countries do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such countries liability is limited to the fullest extent permitted by law.

18. Modifications in the Terms on the Website:

We may periodically modify/change the Terms and the Site without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies your consent to the changes. If any such change or modification is unacceptable to you, do not use the Website. If following any such change or modification you continue to use the Website or Content, you will be deemed to have accepted those changes or modifications.

The plans and offers on www.GoBazaarOnline.com can be changed or deleted without any prior notice by Ingenious Inception Retail Relation Private Limited.

Online order and payment Facility on www.GoBazaarOnline.com will be available in upcoming future, yet not decided.

19. Privacy Policy:

Ingenious Inception Retail Relation Private Limited is committed to protecting the privacy and confidentiality of any personal information that it may request and receive from its clients, business partners and other users of the Website. To read our privacy policy statement regarding such personal information please refer to our PRIVACY POLICY.

You hereby confirm and acknowledge that the contact details and other details provided by you to Ingenious Inception Retail Relation Private Limited will be used and forwarded by Ingenious Inception Retail Relation Private Limited to the respective advertiser for which call or inquiry has been made by you.

20. General Conditions

A Ingenious Inception Retail Relation Private Limited's listed advertiser/ actual business owners who has processed and delivered your order as per your request is solely responsible for quality, delivery and billing of the products. Ingenious Inception Retail Relation Private Limited only acts as channel between you and the actual business owners/listed advertiser.

We make no representation and give no warranty or undertaking (express or implied) as to the timeliness, accuracy, completeness, effectiveness or reliability of the Website or its Content for any particular purpose.

We make no representation and give no warranty or undertaking (express or implied) as to the timeliness, accuracy, completeness, effectiveness or reliability of the goods supplied/delivered by the Advertiser.

We will not be responsible or liable for any loss, damage, injury or other claim or outcome arising from your reliance upon the Website, or the Website's inability to meet your needs.

We will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the Website, which is beyond our control. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of the Website or any linked website.

21. Force Majeure

Ingenious Inception Retail Relation Private Limited and its advertiser will be not be liable for breach of this terms of use to the extent caused by or arising from prohibition or restriction by law or regulation or any government, fire, flood, storms, weather, strike, lock-out or other labour problems, accident, riots, acts of God or any other events which is beyond its control.

22. Arbitration:

In the event a dispute arises between You and Ingenious Inception Retail Relation Private Limited as per the terms of use, the parties shall attempt to amicably resolve the dispute through mutual discussions. Where the dispute is not resolved for a period of 90 days from the date of the dispute, either party can, upon giving a written notice to the other party, declare its intention to initiate arbitration proceedings. The arbitration will be conducted in English in accordance with the rules prescribed under the Arbitration and Conciliation Act, 1996. The venue for the arbitration shall be Bangalore. The arbitration shall be conducted by a sole arbitrator appointed by Ingenious Inception Retail Relation Private Limited. The terms of use shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Bangalore, India.

24.Provisions are severable.

Each provision of this Agreement (including these Conditions) are severable. Severance does not affect any other provisions.