TERMS & CONDITIONS OF USE:

 
 
 

Please read these Terms and Conditions carefully before using the Pingooz.com website. By using the Pingooz.com website, you signify your agreement to be bound by these conditions. In addition, when you use any current or future Pingooz.com service (for example Wish List or Marketplace) (“Pingooz Service”) you will also be subject to the terms, guidelines and conditions applicable to that Pingooz Service. These “Conditions of Use” constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Terms & Conditions Relating to Use of Pingooz.com

  1. Your Account: If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the “My Account” area of the website. Pingooz.com reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.
  1. Privacy: Please review our Privacy Notice, which also governs your visit to Pingooz.com, to understand our practices. The personal information/ data provided to us by you during the course of usage of Pingooz.com will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website.
  1. E-Platform for Communication: You agree, understand and acknowledge that the website is an online platform that enables you to purchase products listed on the website at the price indicated therein at any time from any location. You further agree and acknowledge that Pingooz is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on Pingooz.com.
  1. Access to Pingooz.com: We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
  1. Website Access: Pingooz grants you permission to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Pingooz. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Pingooz. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Pingooz.com and its affiliates without express written consent. You may not use any Meta tags or any other “hidden text” utilizing Pingooz without the express written consent of Pingooz. Any unauthorized use terminates the permission granted by Pingooz. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of Pingooz.com as long as the link does not portray Pingooz Seller Services Private Limited, Pingooz.com, their affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Pingooz.com logo or other proprietary graphic or trademark as part of the link without express written consent of Pingooz.
  1. Your Conduct: You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way You understand that you, and not Pingooz.com, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following:
    • for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
    • to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam
    • To cause annoyance, inconvenience or needless anxiety
  1. Reviews, comments, communications and other content: Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. Pingooz.com reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgment of Pingooz.com violates these Conditions of use and, or terminate your permission to access or use this website. If you do post content or submit material, and unless we indicate otherwise, you agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Pingooz, including the execution of deeds and documents, at its request. You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website; that, as at the date that the content or material is submitted to Pingooz.com: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Pingooz.com policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify Pingooz and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
  1. Claims against Objectionable Content: We, at Pingooz, take due care not to post any Objectionable content on Pingooz.com. However, if you believe that any content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (” Objectionable Content “), please notify us immediately with details.
  1. Intellectual Property Claims: Pingooz respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please notify us immediately.
  1. Trademarks:com and Pingooz Logo used on this website are trademarks or registered trademarks of Pingooz.com. These trademarks shall not be used in connection with any product or service that is not Pingooz’s in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Pingooz. All other trademarks not owned by Pingooz that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Pingooz.
  1. Disclaimer: You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website.
  1. Indemnity and Release: You shall indemnify and hold harmless Pingooz from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party. You hereby expressly release Pingooz from any cost, damage, liability or other consequence of any of the actions/ inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
  1. Children: Use of Pingooz.com is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use Pingooz.com only with the involvement of a parent or guardian.
  1. Communications: When you visit Pingooz.com or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mail or phone calls from us with respect to your order.
  1. Losses: We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.
  1. Alteration of Service or Amendments to the Conditions: We reserve the right to make changes to our website, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
  1. Events Beyond Our Reasonable Control: We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
  1. Waiver: If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
  1. Governing law and Jurisdiction: These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Delhi.

Terms & Conditions of Sale (between Sellers and the Customer):

Please read these conditions carefully before placing an order for any products with the Sellers (“We” or “Our” or “Us”, wherever applicable) on the Pingooz.com (the website). These conditions signify your agreement to be bound by these conditions. In addition, when you use any current or future Pingooz.com service (eg: Wishlist Service), you will also be subject to the terms, guidelines and conditions applicable to that service (“Terms”). If these Conditions of Sale are inconsistent with such Terms, the Terms will control.

  1. Conditions Relating to the Sale of Products to You: This section deals with conditions relating to the sale of products on the website by us to you.
  1. Our Contract: When you place an order to purchase a product from us, you will receive an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation E-mail”). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm delivery of the product(s) ordered. We only confirm the delivery part when the product is dispatched to you and an e-mail confirmation is sent to you that the product has been dispatched (the “Dispatch Confirmation E-mail”).
  1. Pricing and availability: We list availability information for products sold by us on the website on each product information page. As we process your order, you will be informed by e-mail if any products you order turn out to be unavailable.
  1. Overseas Buyers: For all orders that have a Shipping Address of countries other than India, the buyers shall be responsible for paying all duties, taxes, demurrages (if any). The International shipping charges provided on Pingooz.com are only freight charges to the destination country on DDU (Delivered Duty Unpaid) basis.
  1. Events Beyond Our Reasonable Control: We shall not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
  1. Waiver: If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
  1. Governing Law and Jurisdiction: These conditions are governed by and construed in accordance with the laws of India, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Delhi.