ACCEPTANCE OF TERMS AND CONDITIONS
General: By using www.thebogoapp.in (the “Website” or “thebogoapp.in” or “BOGO” in this document) or BOGO mobile application (the “mobile application”), you, the Customer (“you”, “your”, or the “User” in this document) unconditionally agree to the terms and conditions that we, Gim Info solutions Pvt Ltd with our Registered Office at 106/3, Gitanjali nagar, Raipur, 492001. (“thebogoapp.in”, “BOGO”, “we” or “us” or “our” in this document) have provided herein for use of BOGO’s Website or mobile application owned and maintained by us. This Website or mobile application and any individual websites or merchant-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks (“Minisites”) with our Website or mobile application are private property. All interactions on this Website or mobile application must comply with these Terms of Use. If you do not wish to agree to the outlined terms and conditions (the “Terms of Use” in this document) please refrain from using this Website or mobile application. The term Website shall include any or all Minisites, Algorithms, Logs, Data wherever mentioned.
For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Website or mobile application by providing Registration Data while registering on the Website or mobile application as Registered User using the computer systems or mobile device. BOGO allows the User to surf the Website or making purchases without registering on the Website. The term "We", "Us", "Our" shall mean Gim Info solutions Pvt Ltd or BOGO. The terms BOGO and thebogoapp.in have been used interchangeably in the document.
CAUTION: PLEASE READ THIS AGREEMENT CAREFULLY. BY BROWSING, ACCESSING OR USING THIS WEBSITE OR MOBILE APPLICATION OR BY USING ANY FACILITIES OR SERVICES MADE AVAILABLE THROUGH OR ON IT, YOU ARE AGREEING TO THE TERMS OF USE THAT APPEAR BELOW (ALL OF WHICH ARE CALLED THE “AGREEMENT”). THIS AGREEMENT IS MADE BETWEEN YOU AND US. USE OF THE SERVICES AND THE WEBSITE OR MOBILE APPLICATION AND ANY PURCHASE MADE THERETO ARE EACH SUBJECT TO THE TERMS OF USE SET OUT IN THIS AGREEMENT.
Amendments and Changes: We at all times reserve the right to amend these terms and conditions at any time. All amendments and changes to these terms and conditions will be available online. Such changes may include, among other things, addition of certain fees or charges. We suggest you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time so that you remain informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Website or mobile application, you are deemed to have implicitly agreed to the amended Terms of Use and Privacy Policy. Unless specified otherwise, any such deletions or modifications shall be effective immediately upon BOGO’s posting thereof. Continued use of any of the services provided by BOGO via the Website or mobile application (or via other electronic or other communication from BOGO) including the information services, content and transaction capabilities on the Website or mobile application, including the ability to make a purchase (all of which are called the “Services” in this document) will be deemed to constitute acceptance of the new terms and conditions. BOGO may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
GENERAL
User Accounts:
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to BOGO certain personal information, such as your name, address, mobile phone number, as well as at least one valid payment method (either a credit card/ debit card or any other acceptable payment partner) at the time of making payment. You agree to maintain in bona fide accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or BOGO 's termination of these Terms with you. You are responsible for all or any activities that occur under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by BOGO in writing, you may only possess one Account. You shall not use the BOGO Website or Mobile Application for any illegal or fraudulent purposes barred by law or in general including creation of multiple accounts. Any such illegal or fraudulent use may render you liable under civil and/ or criminal action along with quasi-judicial enquiry, if any, including but not limited to equitable remedies, injunctions, etc., and all other remedies available at the recourse of BOGO Website or Mobile Application. BOGO also reserves the right to reverse illegitimate and/ or fraudulent purchases by you at any time even after the purchase of Offers/ Deals by you in addition to the right to further disable your use or cancel your account.
Territory:
The Website or mobile application and the Services and any purchase are directed solely at those who access the Website from the Republic of India. BOGO makes no representation that Service (or any goods or services) are available or otherwise suitable for use outside the Republic of India. If you choose to access the Website or mobile application (or use the Service or make a purchase) from locations outside the Republic of India, you do so on your own initiative and are responsible for the consequences thereof.
Website and/or Mobile Application:
BOGO provides an interactive online service owned and operated by BOGO through the Website on the World Wide Web of the Internet (the “Web” or “Internet”) and its mobile application, consisting of information services, content and transaction capabilities provided by BOGO, its Holding Company and its associates, if any, with whom it has business relationships (“Business Associates”) including but not limited to third parties that provide services in relation to creation, production or distribution of content for the Website or mobile application (“Third Party Content Providers”), third parties that provide advertising services to BOGO (“Third Party Advertisers”) and third parties that perform function on behalf of BOGO like sending out and distributing our administrative and promotional emails and text messages (“Third Party Service Providers”).
Right to Transfer:
The right to use this Website or mobile application is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of User’s password(s), if any. The User understands and acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of BOGO, and BOGO shall not be held responsible for any data lost or misused by a third party while transmitting information on the Internet in any manner whatsoever.
Not on Uninterrupted Basis:
While it is BOGO’s objective to make the Website or mobile application accessible at all times, the Website or mobile application may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of BOGO, access to the Website or mobile application may be interrupted, suspended or terminated from time to time. BOGO reserves the right, in its sole discretion, to terminate the access to any or all BOGO website(s) and the related services or any portion thereof at any time, without notice. BOGO shall also have the right at any time to change or discontinue any aspect or feature of the Website or mobile application, including, but not limited to, content, graphics, Offers, settings, hours of availability and equipment needed for access or use. Further, BOGO may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
EQUIPMENT
User’s Responsibility:
The Services and use of the website or mobile application do not include the provision of a computer or other necessary equipment to access the Site or the Services. To use the Site or Services, you will require Internet connectivity and appropriate telecommunication links. The User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of this Website or mobile application and all charges related thereto. BOGO shall not be liable for any damages to the User’s equipment resulting from the use of this Website or mobile application.
USER CONDUCT
Restrictions:
The User undertakes without limitation, not to use or permit anyone else to use the Service or Website or mobile application:
a.) To upload, send or receive any information for which you have not obtained all necessary license and/ or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability or otherwise be contrary to the law of or infringes the rights of any third party in any country in the world;
b.) To upload, send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, malicious software, harmful data, or anything else which may interrupt, interfere with, corrupt or otherwise cause loss, damage, destruction or limitation to the functionality of any software or computer equipment);
c.) To intercept or attempt to intercept any communications transmitted by way of a telecommunication system;
For a purpose other than for which we have designed them or intended them to be used;
For any fraudulent purposes; or
In any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.\
d.) To upload, send or receive any material, which is not civil or tasteful.
e.) To upload, send or receive any material, including User Content, which is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, homophobic, infringing, pornographic, violent, misleading, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory or of a libelous nature of any person or entity, in contempt of Court or in breach of confidence, or which infringes the rights of another person or entity, including copyrights, trademarks, trade secrets, patents, rights of personality, publicity or privacy or any other third party rights; or
f.) To cause annoyance, inconvenience or needless anxiety.
Forbidden Uses: The following uses of the Site and Services are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:
a.) Resell the Services or Site;
b.) Furnish false data including false names, addresses and contact details and fraudulent use of credit/ debit card numbers or net banking or any other mode of payment;
c.) Attempt to circumvent our security or network including but not limited to accessing data not intended for you, logging into a server or Account you are not expressly authorized to access, or probe the security of other networks (such as running a port scan);
d.) Access the Services (or Site) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large burden on our infrastructure or that otherwise interrupts or interferes with its functionality, efficiency or operation;
e.) Execute any form of network monitoring which will intercept data not intended for you;
f.) Send unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;
g.) Create or forward "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings;h.) Send malicious email, including flooding a user or site with very large or numerous emails;
i.) Enter into fraudulent interactions or transactions with us, a Seller or a Merchant (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);j.) Use the Services or Site (or any relevant functionality of either of them) in breach of this Agreement;
k.) Use in an unauthorized manner, or forge, mail header information;
l.) Engage in any unlawful or criminal activity in connection with the use of the Services and/ or the Site or any Voucher; or
m.) Copy or use any User Content for any commercial purposes; or
n.) Engage in any frivolous act that hampers the goodwill and brand reputation of BOGO or its website or mobile application in any manner whatsoever.
Any conduct by a User that in BOGO’s exclusive discretion is in breach of the Terms of Use or which restricts or inhibits any other User from using or enjoying this Website or mobile application is strictly prohibited. The User shall not use this Website or mobile application to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Website or mobile application to become users of other online or offline services directly or indirectly competitive or potentially competitive with BOGO.
BOGO reserves the right to prevent you from using the Website (or mobile application) and the Service (or any part of thereof) and to prevent you from making any purchase if your conduct is found to be in question or in contravention of such Terms as mentioned in this Agreement.
PURCHASE AND SALE OF PRODUCTS AND/ OR SERVICES
BOGO takes no responsibility for the services and/ or products for which BOGO Vouchers may be redeemed. Further, BOGO makes no warranty to the Users for the quality, safety, usability, or other aspects of the product or service for which the BOGO Voucher may be redeemed.
BOGO disclaims any warranty or liability in relation to the Services/ Products for which the Offers/ Vouchers are purchased/ redeemed, for instance, quality, merchantability, imperishable in nature, fit for human consumption, etc.
Some services for which BOGO Voucher(s) can be redeemed are activities that involve potential bodily harm (such as different forms of adventure sports and other associated activities), and for those activities BOGO takes no responsibility in any manner whatsoever for the service or activity being displayed, and the User takes responsibility for his or her own acts in utilizing the services for which BOGO Voucher may be redeemed.
For more information see BOGO’s Terms of Sale.
AT HOME SERVICES
BOGO shall also make available At Home Services provided through its Merchant (at home service provider) base or the Individuals (i.e. service professional) having expertise in providing Services which shall be made available on BOGO Website or Mobile Application to the Users at their preferred location and shall include but not be limited to plumbing, cleaning, pest control, carpentry, electrical, repairs, salon & spa services, servicing, etc., which shall be subject to availability and the time slot considering the peak hours of the Services requested by the User.
The User shall be bound by the Terms of Sale as available on the Website or Mobile Application, as may be amended from time to time subject to sole discretion of BOGO, at all times.
For more information see BOGO’s Terms of Sale.
SECURITY
The User agrees and understands that all payments shall only be made to bank accounts of BOGO. BOGO or its agents, representatives or employees shall never ask a customer to transfer money to any private account or to an account not held in the name of BOGO. The User agrees that if that user transfers any amount against any booking or transaction to any bank account that is not legitimately held by BOGO or to any personal account of any person, BOGO shall not be held liable for the same. User shall not hold any right to recover from BOGO any amount that is transferred by the User to any third party.
The User will not share his 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 BOGO. The User shall immediately inform BOGO if such details are demanded by any of its agents' employees or representatives. BOGO shall not be liable for any loss that the User incurs for sharing the aforesaid details.
BOGO or its Affiliates or any of its representatives will never ask for sensitive information like User ID, PIN, internet banking passwords, CVV Number, OTP, etc., through phone/ SMS/ email/ any other modes of communication. We request you not to share or to respond/ provide any such details to anyone.
CONVENIENCE FEE
In addition to the cost of booking of an offer/ deal available on the BOGO Platform, we reserve the right to charge certain fees in the nature of convenience fees or service fees. We further reserve the right to alter any and all fees from time to time. Any such additional fees, including fee towards any modifications thereof, will be displayed to the User before confirming the booking or collecting the payment from such User through a Payment Gateway.
In cases of short charging of the booking amount, taxes, statutory fee, convenience fee, etc., owing to any technical error or other reason, we shall reserve the right to deduct, charge or claim the balance amount from the User and the User shall pay such balance amount to us. In cases where the short charge is claimed prior to the utilization of the booking, we will be at liberty to cancel such bookings if the amount is not paid before the utilization date.
Any increase in the price charged by us on account of a change in the rate of taxes or imposition of new taxes, levied by the Government shall have to be borne by the User. Such imposition of taxes, levies, etc., may be without prior notice and could also be retrospective but will always be as per applicable law.
REFUNDS
In the rare circumstance of a booking not getting confirmed for an Offer/ Deal for any reason whatsoever, we will provide an alternate voucher in lieu of or to compensate or replace the unconfirmed booking. All subsequent bookings will be treated as new transactions.
The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the service, as per the applicable laws.
It is clarified that in cases of cancellation of the event by the Host/ Merchant or any third party, BOGO shall not be held liable or responsible in any manner whatsoever for any losses, claims, liabilities, damages, etc., to anyone.
CANCELLATION POLICY AND CANCELLATION FEES
Except with the prior registration with BOGO as B2B agents, priority partners or merchants, and explicit permission of BOGO to use the Website, all merchants/ agents or aggregators are barred from using this Website for any commercial or resale purpose. If any such bookings are detected, BOGO reserves the right, including without limitation, to cancel all such bookings immediately without any notice to such merchants/ agents and also to withhold payments or any refunds thereto. BOGO shall not be held liable for any incidental loss or damage that may arise from the bookings made by any person through such merchants. The liability in case of such cancellations shall be solely borne by such merchants.
All discounts and offers mentioned on the Website or the mobile application are applicable only to the User(s) of BOGO for legitimate bookings for the respective offers/ deals.
Cancellation Fees shall mean and refer to the fees that shall be charged by BOGO from the User on a percentage basis to be calculated at the sole discretion of BOGO on the total MRP value excluding taxes which shall be applicable only in cases the User cancels the transaction/ voucher for the services purchased from the Merchant on the BOGO Platform which shall be deducted invariably from the User’s BOGO Wallet/ User’s BOGO Credits, if any, or the amount paid by the User for the transaction, as the case may be, and the same shall be solely retained by BOGO.
Replaced vouchers, if any, on cancelled bookings will always be provided to the respective account of the user (credit card, debit card, wallet, etc.) from which payment was made for that subscription. Booking(s) made by the User through BOGO are subject to the applicable cancellation policy given in the Terms of Use herein below.
PROMOTIONAL CODES
BOGO may, in its sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/ or a Third Party Provider’s services, subject to any additional terms that BOGO establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether made available to a public form or otherwise), unless expressly permitted by BOGO; (iii) may be disabled by BOGO at any time for any reason without liability to BOGO; (iv) may only be used pursuant to the specific terms that BOGO establishes for such Promo Code; (v) are not valid for cash; vi) may expire prior to your use; and vii) unless otherwise specified cannot be used more than once. BOGO reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that BOGO determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
INTELLECTUAL PROPERTY RIGHTS
BOGO grants you a limited, personal, non-transferable, non-exclusive, revocable license to access and use the Site pursuant to this Agreement and to any additional terms and policies set forth by BOGO. All Intellectual Property Rights (including all copyright, patents, trade marks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements)) whether registered or unregistered) in the Website or mobile application and Service, (subject to the Title & Ownership Rights as mentioned below) information content on the Website or mobile application or accessed as part of the Service, any database operated by us and all the Website design, text and graphics, software, photos, videos, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property. All rights are reserved.
None of the material listed in this clause may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print / save one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website or mobile application without our permission.
“thebogoapp.in”, the BOGO Logos and variations thereof found on the website or mobile application are trademarks owned by BOGO and all use of these marks inures to the benefit of BOGO. All rights (including goodwill and, where relevant, trade marks) in BOGO’s name are owned by us (or our licensors). Other product and company names mentioned on the Website or mobile application are the trademarks or registered trademarks of their respective owners.
The title, Ownership Rights and Intellectual Property Rights in and to the content accessed using the Service is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. The Agreement gives you no rights to such content.
Subject to the Clause below, any material you transmit or post or submit to the Website or mobile application (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under data protection legislation or such legislation that provides for protection of electronic data under Indian Laws. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e. via email, the Website or otherwise) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material.
All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to us by you; or (ii) in response to solicitations by us regarding the Service or the Website or mobile application; (in each foregoing case, these are called "Ideas") shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights in Ideas, to us. You understand and acknowledge that we have both internal resources and other external resources that may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
The User expressly agrees that use of the Website or mobile application is at the User’s sole risk. Neither BOGO, its Holding or Subsidiaries, Business Associates nor any of their respective employees, agents, and third party content providers warrant that use of the Website or mobile application will be uninterrupted or error-free; nor do they make any warranty as to (i) the results that may be obtained from use of this Website or mobile application, or (ii) the accuracy, reliability or content of any information, service or merchandise provided through the Website or mobile application.
The Website or mobile application are made accessible on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
We do not give any warranty that the Services or the Website or mobile application are free from viruses or anything else which may have a harmful effect on any technology.
We reserve the right to change, modify substitute, suspend or remove without notice any information or Voucher or service from the Website or mobile application forming part of the Service from time to time. Your access to the Website or mobile application and/ or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We assume no responsibility for functionality, which is dependent on your browser or other third party software to operate. There might be certain circumstances wherein BOGO may within the validity period of a particular Voucher withdraw any information or the Voucher from the Website or Mobile Application or services at any time.
We reserve the right to block access to and/ or to edit or remove any material, which in our reasonable opinion may give rise to a breach of this Agreement.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. The User specifically acknowledges that BOGO is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with the User.
In no event shall BOGO, or any Business Associates/ Employees, Third Party Content Providers, Third Party Advertisers or Third Party Service Providers, producing or distributing the Website or the contents hereof, mobile application and any software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Website or mobile application. The User hereby acknowledges that the provisions of this Clause shall apply to all contents on the Website and mobile application.
In addition to the terms set forth above, neither BOGO, nor its Subsidiaries and Business Associates, Third Party Service Providers or Third Party Content Providers shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or inauthenticity of, the information contained within the Website, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including without limitation lost profits, punitive or consequential damages.
In addition to the terms set forth above, neither BOGO, nor its Subsidiaries and Business Associates, Third Party Service Providers or Third Party Content Providers shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or inauthenticity of, the information contained within the Website, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including without limitation lost profits, punitive or consequential damages.
BOGO will not be held liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement will not exceed the total Offer price paid or payable to you under this Agreement.
BOGO shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our associated banking partners from time to time.
BOGO’s liability is limited to providing the User with a confirmed booking as selected by the User for any product/ service provided by the Merchant and further listed on BOGO.
Any issues or concerns faced by the User at the time of availing any such services/ products shall be the sole responsibility of the Merchant. BOGO will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence on part of any Merchant.
Unless explicitly committed by BOGO as a part of any product or service:
1. BOGO assumes no liability for the standard of services as provided by the respective Merchants.
2.BOGO provides no guarantee with regard to their quality or fitness as represented by the Merchants.
3.BOGO doesn't guarantee the availability of any services as listed by a Merchant.
By making a booking, User understands BOGO merely provides a technology platform for booking of services and products and the ultimate liability rests on the respective Merchant and not BOGO. Thus the ultimate contract of service is between User and Merchant.
RESERVATION POLICY
Any transactions relating to booking of table or reservations of products or services not directly offered by BOGO are to be settled inter-se between the merchant and the User i.e. Parties to such transaction, and all warranties express or implied of any kind, regarding any matter pertaining thereto, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed by BOGO. BOGO merely endeavors to provide a platform where you and merchant may interact, exchange information or carry out a reservation on such basis that are mutually agreed between you and the merchant. BOGO shall not be liable for any loss that you may incur, while making reservations or bookings by the User or for the third party.
Under no circumstances shall BOGO be held responsible or liable, in any way, for any content which in legal opinion is derogatory, threatening, defamatory, obscene or offensive or offends public sensibilities or morals and shall also not assume liability for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted or uploaded on the Website or mobile application, or any infringement of another's rights, including intellectual property rights. You specifically agree that BOGO is not responsible for any content sent using and/or included in BOGO’s Website or mobile application or service by any third party.
MONITORING
BOGO shall have the right, but not the obligation, to monitor the content of the Website or mobile application at all times, including any chat rooms and forums that may hereinafter be included as part of the Website or mobile application, to determine compliance with this Agreement and any operating rules established by BOGO, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, BOGO shall have the right to remove any material that BOGO, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
PRIVACY
The User acknowledges that all discussions for ratings, comments, bulletin board service, chat rooms and/ or other message or communication facilities (collectively “Communities”) are public and not private communications, and that, therefore, others may read the User’s communications without the User’s knowledge. BOGO does not control or endorse the content, messages or information found in any Communities, and, therefore, BOGO specifically disclaims any liability concerning the Communities and any actions resulting from the User’s participation in any Communities, including any objectionable content. Generally, any communication that the User posts on the Website (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by BOGO as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Website or mobile application, User grants BOGO the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. For more information see BOGO’s Privacy Policy.
LICENSE GRANT
By posting communications on or through this Website or mobile application, the User shall be deemed to have granted to BOGO, a royalty-free, perpetual, irrevocable & non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
INDEMNIFICATION
The User agrees to defend, indemnify and hold harmless BOGO, its Subsidiaries and Business Associates, and their respective Directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of (i) the use of this Website and/ or the mobile application by the User; (ii) the use of the Voucher; (iii) the use of the Service or Website or mobile application through your password; or (iv) any breach of this Agreement by you.
TERMINATION
BOGO may terminate this Agreement at any time. Without limiting the foregoing, BOGO shall have the right to immediately terminate any passwords or accounts of a User in the event of any conduct by the User which BOGO, in its sole discretion, considers being unacceptable, or in the event of any breach by User of this Agreement.
One User can have only one Account with a unique e-mail ID and unique phone number. If BOGO has any suspicion or knowledge that any of its Users have created multiple Accounts with different e-mail addresses or phone numbers (including but not limited to account creation by using false names or providing misleading data for creating those Accounts or using disposable email addresses or disposable phone numbers) to generate additional cashback credits or misuse or take undue advantage of the promotional benefits being provided on the BOGO Platform, then BOGO may while reserving its rights to initiate civil and/ or criminal proceedings against such User may also at its sole discretion terminate, suspend, block, restrict, cancel the Account of such User and/ or disqualify that User and any related Users from availing the services ordered or undue benefits availed through these accounts.
All such provisions wherein the context so requires, including Clauses on Intellectual Property Rights, Disclaimer of Warranty, Limitation of Liability, License Grant, Indemnification and Termination above will survive termination of this Agreement.
Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
THIRD-PARTY CONTENT
BOGO, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, BOGO does not have editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including Third Party Content Providers, or any other Users are those of the respective author(s) or distributors and not of BOGO.
Neither BOGO nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose (refer to the Clause for ‘Disclaimer of Warranty, Limitation of Liability’ above for the complete provisions governing limitation of liabilities and disclaimers of warranty).
In many instances, the content available through this Website or mobile application represents the opinions and judgments of the respective information provider, User, or other users not under contract with BOGO. BOGO neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website by anyone other than authorized BOGO employee/ spokespersons while acting in official capacities.
Under no circumstances will BOGO be liable for any loss or damage caused by User’s reliance on information obtained through the Website. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice, etc. or other content available through the Website.
The Website contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by BOGO of the contents on such third-party websites and BOGO hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If the User decides to access linked third-party websites, the User does so at his/ her own risk.
Unless you have executed a written agreement with BOGO expressly permitting you to do so, you may not provide a hyperlink to the Website from any other website. BOGO reserves the right to revoke its consent to any link at any time in its sole discretion.
ADVERTISEMENT
BOGO may place advertisements in different locations on the Website and its Mobile Application and at different points during use of the Service. These locations and points may change from time to time at the sole discretion of BOGO.
You are free to select or click on advertised goods and services or not as you seem fit.
Any advertisements may be delivered on our behalf by a Third Party Advertiser.
No personal data (for example your name, address, email address or telephone number) will be used during the course of serving our advertising, but, on our behalf, our Third Party Advertiser or affiliate may place or recognize a unique "cookie" on your browser (see our Privacy Policy about this). This cookie will not collect personal data about you nor is it linked to any personal data about you. If you would like more information about this practice and to know your choices about not having this information used by any Company, see our Privacy Policy for more information.
FORCE MAJEURE
Without prejudice to any other provision herein, BOGO shall not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond BOGO’s control, including, without limitation, acts of the User, embargo or other Governmental act, regulation or request affecting the conduct of BOGO’s business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labor difficulties, lightning, flood, windstorm or other acts of God.
MISCELLANEOUS
This Agreement, our Terms of Sale and our Privacy Policy (including our Cookie policy) constitute the entire agreement between the parties with respect to the subject matter hereof. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to this Agreement except as expressly stated in this Agreement. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied on when entering into this Agreement (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party’s ability to perform this Agreement) and that party’s only remedies shall be for breach of contract as provided in this Agreement. However, the Service is provided to you under our operating rules, policies, and procedures as published from time to time on the Website.
No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.
The section headings used herein are for convenience only and shall be of no legal force or effect.
If any provision of this Agreement is held invalid by a Court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
All provisions of this Agreement apply equally to and are for the benefit of BOGO, its Subsidiaries, any Holding Companies of BOGO, its (for their) affiliated and/ or their Third Party Content Providers and Licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties).
The registered office of BOGO India Private Limited is situated in Delhi, India. Legal issues arising out of, but not exclusive to the use of, this Website or mobile application (unless otherwise specifically stated) are governed by and in accordance with the laws of India (exclusive of its rules regarding conflicts of laws) and the parties shall submit to the exclusive jurisdiction of the Courts in Delhi.
PRODUCTS/ SERVICES TAKE DOWN POLICY: REPORTING VIOLATION OF INFRINGEMENT
We want to list the products and services of genuine sellers on our website or mobile application in order to ensure that infringing products are removed from the site, as they affect your and genuine Seller’s valuable trust.
We do not and cannot verify if the Sellers have the right or ability to sell or distribute their listed products or services. However, we are committed to removing any infringing or unlicensed product or service once an authorized representative of the rights owner properly reports them to us. We sincerely want to ensure that item listings do not infringe upon the copyright, trademark or other intellectual property rights of third parties. We have the ability to identify and request removal of allegedly infringing products and materials. Any person or company who holds intellectual property rights (such as a copyright, trademark or patent) that may be infringed upon by products listed on BOGO is encouraged to report the same to our Legal Team.
CONTACT US
In accordance with the Information Technology Act, 2000, and the Rules made thereunder, if you have any questions regarding our Privacy Policy or our Terms of Sale or Terms of Use of the site, you may contact our Support Team at the details mentioned below:
Name: GIM Info Solutions Private Limited
Address: 106/3, Gitanjali nagar, Raipur, 492001.
E-mail: support@gimbooks.comBusiness Hours: Monday to Friday (10:00 to 18:00)
Please note that BOGO has defined and published the Terms and Conditions of Use (including its Privacy Policy and Cookie Policy for accessing or using www.bogo.com website in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011. This document is framed in accordance with the Information Technology Act, 2000, and the Rules framed thereunder and such other applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This is an electronic record that is generated by a computer system and does not require any physical or digital signatures.
thebogoapp.in Terms Of Sale
ACCEPTANCE OF TERMS AND CONDITIONS
By purchasing any Merchant Offers, Product or participating in other available programs via the Website or Mobile Application, you agree to the Terms of Use, including, without limitation, the Terms of Sale specified herein below. These Terms of Sale form part of the overall Terms of Use of the Website and the Mobile Application and are to be read in consonance with them.
These rules apply unless otherwise stated in the coupon/voucher/offer pertaining to the Offer:
1.Voucher will expire on the date specified on the voucher.
2.Voucher cannot be combined with other offers.
3.Providing voucher code is mandatory to avail offer.
4.Booking, reservations and amendments are subject to availability.
5.In case there is an existing Admission Policy/ Reservation Policy/ House Rules/ Club Rules regarding dress code, attire, language, ethics or suitability to redeem the Voucher at a Merchant’s Establishment, the Customer or the User shall have to abide by the same.
6. In case you have availed or booked any At Home Service, please ensure that you duly check and validate the Photo ID Proof of the personnel of the Merchant or Individual itself, as the case may be.
.7.Must be redeemed in a single visit (unless specified otherwise).
8.Vouchers can be redeemed only after due verification of the Customer (including Photo ID Proof, if required).All local/ national laws and rules, consumption of intoxicants etc. that apply to regular customers, apply to BOGO voucher holders too.
9.The merchant is solely responsible for the taxes levied/ to be levied on the services/ products for providing the Sales Invoice to the Customer against the services rendered or product sold.
10.In case of cancellation or transactional failure, Promo Codes shall not be valid for cash back.
Food & Beverages Offers with Drinks:
a.) Drinks can only be redeemed only after due verification of the customer (including age proof – 25 years or above and as per the legal drinking age set by the respective state, government-issued valid Photo ID Proof etc., if required).
b.) Drinks will be served on valid offer days, except dry days. Please check local dry day listings before availing the offer.
c.) Drink brands are subject to availability. If a particular brand is unavailable at a given point in time another brand of equal or better grade will be served as per the Restaurant policy.
Health/ Medical/ Surgical Services and other Offers:
Given the nature of these Offers, BOGO does not take responsibility for any medical complications that arise during or post the treatment. We strongly advise our Users to take all necessary precautions/ consultations before availing this Offer.
Purchase and Redemption of BOGO Vouchers:
1. Descriptions of the Merchant Offers and Products listed on the Website and Mobile Application are provided by the Merchant or other referenced third parties. BOGO is not responsible for any claims associated with the description of the Merchant Offers or Products. Pricing relating to certain Merchant Offers, Products, and other available programs on the Website and Mobile Application may change at any time in BOGO’s sole discretion without notice. Thus, it is advisable to go through the policies before making any purchase or redemption on our Website or Mobile Application.
2. A Merchant may list goods, services or experiences on the Website and Mobile Application, or with respect to Products or Services, supply products or services to BOGO, that require Merchant to have an up-to-date regulatory authorization, license, approval or certification. BOGO does not verify, validate, or collect evidence of any regulatory authorization, license or certification from any Merchant (including but not limited to Health & Fitness and Beauty & Spa Merchants and At Home Services), of which sole responsibility shall be of the Merchant at all times and shall be governed by the separate Terms and Conditions agreed between the Merchant and BOGO that may be subject to change from time to time.
3. BOGO is not a health or wellness provider and does not, will not and cannot refer, recommend or endorse any specific professional, services, products or procedures that are advertised on the Website and Mobile Application. The Website and/ or Mobile Application is not a substitute for professional advice, including, without limitation, medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a health condition. Never neglect to seek out or delay or disregard professional advice relating to your health because of something you have read on the Website or Mobile Application.
4.BOGO may, in its sole discretion, verify a User’s identity prior to processing a purchase. BOGO may also refuse to process a purchase, may cancel a purchase, or may limit quantities, as reasonably deemed necessary, to comply with applicable law or to respond to a case of misrepresentation, fraud or known or potential violations of the law or these Terms of Sale. Refunds for cancelled orders may be issued where appropriate.
5.If an offer becomes unavailable between ordering and processing, BOGO will either cancel or not process the order and may notify you by email accordingly. Refund shall be processed by the original mode of payment as was used while ordering or booking by the Customer.
6.BOGO does not guarantee that it offers the best available prices and does not guarantee against pricing errors. BOGO reserves the right, in its sole discretion, to not process or to cancel any orders placed, including, without limitation, if the price was incorrectly made available on the Website or Mobile Application. If this occurs, BOGO may attempt to notify you by email. In addition, BOGO reserves the right, in its sole discretion, to correct any error in the stated retail price of the Merchant Offers or Product as agreed and provided by the Merchant.
7.Some services or products for which BOGO Voucher(s) can be redeemed are activities that involve potential bodily harm (such as different forms of adventure sports and activities.), and for those activities, BOGO takes no responsibility for the service or activity being offered, and the User/ Customer takes entire responsibility for his or her own actions in utilizing the services or products for which the BOGO Voucher can be purchased or redeemed.
The BOGO website is an intermediary (Platform) which facilitates the promotion of various Offers offered by Merchants, on their respective services and products by way of offering vouchers.
Vouchers:
1.Voucher means an instrument, in either physical or electronic form, present in the form of alphanumeric code/ QR code containing the terms of the Offers/ Deal which entitles the holder of such Voucher (the “Voucher Holder”) to receive the Merchant Offers from the Merchants of BOGO, to be used on or before the use by date stated on the Voucher (the “Voucher Expiry Date”).
2.The Merchant Offers shall mean the products and/ or services to be provided by the Merchant to the respective Voucher Holder, as specified on BOGO’s Website/ Mobile Application and the Voucher.
3.The Merchant is a third party unrelated to BOGO that sells, supplies and/ or provides the Merchant Offers on the BOGO Website or Mobile Application. BOGO itself does not indulge in any selling activity of Merchant Offers. BOGO displays the Merchant Offers on the BOGO Website or Mobile Application and acts as a collection agent for the Merchant for Merchant Offers on the BOGO Website or Mobile Application. Once a User makes a purchase of the Merchant Offer on the BOGO Website or Mobile Application, BOGO provides you with a Voucher which will enable you to avail the Merchant Offer.
4.In order to purchase and redeem BOGO Vouchers, the User shall be required to create an account on the BOGO Website or Mobile Application. This is required so that we can provide you with easy access to your orders or view your past purchases.
5.By making a purchase and/ or redemption of the Merchant Offer listed on the Website or Mobile Application, you get a BOGO Voucher which enables you to avail Merchant Offer which you have selected based on BOGO’s Standard Terms of Use and Conditions, institution-specific restrictions and on these Terms of Sale.
6. When you go through the procedure for purchasing a Voucher, you are required to accept these Terms of Sale before making payment. Once BOGO has received the amount due from the Customer for Merchant offer (by Debit Card or Credit Card or Net Banking or UPI or other acceptable modes of payment) the transaction is considered complete, and a contract for purchase is made, and at this stage, BOGO will send an email to you confirming the transaction (which is our acceptance of the transaction). We keep a copy of the contract with us. You are welcome to save these Terms of Use and Terms of Sale from our Website as a record.
7.In case of a User availing At Home Services, the User may request for cancellation of the Service at any time but not less than 24 hours before the day and time slot allocated as per the preference of the User for availing the Services.
8.If you wish to cancel your voucher, you may do so by visiting the ‘Purchases’/ ‘My Orders’ section on the Website or the Mobile Application, choose the voucher you wish to cancel and follow the process mentioned. Alternatively, you can send an email at support@bogo.com to inform BOGO of your intention to cancel the Voucher. The request for cancellation shall be denied if the vouchers are non-cancellable vouchers or if the vouchers have been found to be redeemed.
9.All BOGO Vouchers shall be subject to the standard terms and conditions and specific terms and conditions (as mentioned on the Offer). BOGO Vouchers are issued on behalf of the Merchants and only such Merchants, to the exclusion of BOGO, shall be responsible for any and all injuries, illnesses, damages, charges, expenses, claims, liabilities and costs suffered by or in respect of a Customer, caused in whole or in part by the Merchants or which arises out of the products and/ or services provided by the Merchants, as well as for any unclaimed property liability arising from unredeemed BOGO Vouchers.
10.As a condition of purchase, we reserve the right to send you administrative and promotional emails. We may also send you information regarding your purchases, as well as updates about the Website or Mobile Application and Service and Vouchers as well as other promotional offers. You can opt out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our email correspondences. Please see our Privacy Policy for details.
11.Any purchase of a Voucher is for your non-commercial, personal use only (although you may give the Voucher to someone else for their non-commercial, personal use).
12.You promise not to provide false data including false names, addresses and/ or contact or payment details; or engage in any unlawful activity in connection with the purchase or use of a Voucher, or allow/ encourage anyone else to do so.
13.Any attempt to redeem a Voucher contrary to these Terms of Sale may render a Voucher void at BOGO’s discretion.
14.The reproduction of a Voucher is strictly prohibited.
15.The commercial trade of a Voucher is strictly prohibited.
