This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Your use of a Togofogo website www.togofogo.com (hereinafter referred to as "Togofogo") and services and tools are governed by the following terms and conditions as applicable to the Togofogo. If you transact on Togofogo, you shall be subject to the policies that are applicable to the website for such transaction. By mere use of the website you shall be contracting with UPR eCommerce Pvt. Ltd., a company incorporated under Companies Act, 1956 with Corporate office at B-21, Sector 8, Noida, Uttar Pradesh, India and these terms and conditions constitute your binding obligations.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING
Use of the Togofogo Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Togofogo Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Togofogo and shall not transact or use Togofogo website. As a minor if you wish to use or transact on Togofogo, such use or transaction may be made by your legal guardian or parents who have registered as users of the Togofogo. Togofogo reserves the right to terminate your membership and refuse to provide you with access to the Togofogo if it is brought to Togofogo’ s notice or if it is discovered that you are under the age of 18 years.
Your Account and Registration Obligations
When You use the Website or send emails or other data, information or communication to Togofogo, You agree and understand that You are communicating with Togofogo through electronic records and You consent to receive communications via electronic records from Togofogo periodically and as and when required. Togofogo may communicate with You by email or by such other mode of communication, electronic or otherwise.
Membership on the Togofogo is free. Togofogo does not charge any fee for browsing and buying on the Togofogo. However Togofogo reserves the right to charge fee and change its policies from time to time. In particular, Togofogo may at its sole discretion introduce new services and modify some or all of the existing services offered on the Togofogo. In such an event Togofogo reserves, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and related policies shall automatically become effective immediately once implemented on Togofogo. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Togofogo.
Use of Togofogo Website www.Togofogo.com
You agree, undertake and confirm that your use of Togofogo shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information:
(a) belongs to another person and to which You does not have any right to.
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) misleading in any way.
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h) infringes upon or violates any third party's rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(l) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(m) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(n) contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
(o) tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(q) solicits gambling or engages in any gambling activity which Togofogo, in its sole discretion, believes is or could be construed as being illegal;
(r) interferes with another user's use and enjoyment of the Togofogo Website or any other individual's user and enjoyment of similar services;
(t) harm minors in any way;
(u) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
(v) violates any law for the time being in force;
(w) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(x) impersonate another person;
(y) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(z) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(aa) shall not be false, inaccurate or misleading;
(ab) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(ac) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Togofogo reserves the right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of Togofogo website, or any other systems or networks connected to Togofogo Website or to any Togofogo’ s server, computer, network, or to any of the services offered on or through Togofogo Website, by hacking, password “mining” or any other illegitimate means.
You shall not probe, scan or test the vulnerability of Togofogo website or any network connected to Togofogo website nor breach the security or authentication measures on Togofogo website or any network connected to Togofogo Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Togofogo Website, or any other customer of Togofogo, including any Togofogo account not owned by you, to its source, or exploit Togofogo Website or any service or information made available or offered by or through Togofogo Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by Togofogo Website.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Togofogo Website or Togofogo’ s systems or networks, or any systems or networks connected to the Togofogo.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Togofogo on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.