TERMS OF USE

 

I. General

Please read the terms of use thoroughly and carefully. For the purpose of these Terms of Use, the term GoChoosy or 'Us' or 'We' refers to GoChoosy. The term 'You' refers to the user or viewer of our Website and/or app. The terms and conditions set forth below ("Terms of Use") and the Privacy Policy (http://www.gochoosy.com/privacy) constitute a legally-binding agreement between GoChoosy and you. These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in the GoChoosy website and GoChoosy mobile application (‘app’), including the classified advertisements, forums, various email functions and Internet links, and all content and GoChoosy services available through the domain and sub-domains of GoChoosy located at www.gochoosy.com as well as GoChoosy mobile application. By using this Website/ app or any facility or service provided by this Website/app in any way or browsing the Website, You agree that You have read, understood and agreed to be bound by these Terms of Use and the Website's Privacy Policy available at the homepage, www.gochoosy.com.
This Terms of Use agreement was last updated: May 6th, 2016

 

II. Privacy Policy

GoChoosy has established a Privacy Policy that explains to users  how their information is collected and used. The Privacy Policy is referenced above and hereby incorporated into the Terms of Use set forth herein. Your use of this Website is governed by the Privacy Policy. The Privacy Policy is located at: http://www.gochoosy.com/privacy.

 

III. Modifications to Terms of Use and/or Privacy Policy

GoChoosy shall not be required to notify you, whether as a registered user or not, of any changes made to the Terms of Use. The revised Terms of Use shall be made available on the Website. Your use of the Website / app and the Services is subject to the most current version of the Terms of Use made available on the Website at the time of such use. You are requested to regularly visit the home page www.gochoosy.com to view the most current Terms of Use. You can determine when GoChoosy last modified the Terms of Use by referring to the "Last Updated" mentioned above. It shall be your responsibility to check these Terms of Use  periodically for changes. GoChoosy may require you to provide your consent to the updated Terms of Use in a specified manner before prior to any further use of the Website and the Services is provided on the Website. If no such separate consent is sought, your continued use of the Website, following changes to the Terms of Use, will constitute your acceptance of those changes.

 

IV. Access to the Website/App and Services
You may access the Website/App and the Services only if You are 18 years of age or older and are legally capable of entering into a binding contract as per applicable law, including, in particular, the Indian Contract Act, 1872.

V. Your Information

You may use the Services through Our App. Upon downloading the App, You are required to provide us with your details including your name, address, contact number and email address and then, choose the services You need, including a suitable time for such service (“user information”). After obtaining this information, we will provide you with a list of available providers (“merchants”) and an estimated cost of the services/products. You may confirm an order/booking, upon which the relevant merchant will contact you, arrive at your residence, inspect/deliver the product, and complete the payment. You may then proceed to accept and avail of the services/products the merchant offers.

 

a)      By providing us with your user information, you confirm that:

       The user information provided by you is accurate and genuine.

       The mobile phone number provided by you belong to you, has been validly acquired under applicable law, and you may be contacted on the number by way of calls or SMS messages by us or our providers/merchants.

       You shall immediately notify us of any unauthorized use of your user information or any other breach of these Terms of Use or security known to you.

b)      Further, you authorize us to:

       Collect, process and store user information and access information including the IP address, IMEI number and MAC address of the computer/device from where the Website/App were accessed.

       Either directly, or through third parties, verifies and confirms your user information.

       Contact you using your user information, including for marketing and promotional calls.

       Share your information with providers who may use the same to contact you, including on your mobile phone.

c)      Subject to the above, and your compliance with these Terms of Use, we grant you a non-exclusive, revocable, limited privilege to access and use this Website/App and the Services.

 

VI. Account, Password and Security

You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or us for accessing the Service. You are solely and fully responsible for all activities that occur under your password or account. We have no control over the use of any User's account and expressly disclaim any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will contact us immediately.

 

VII. Fees and Payment

The use of the Website/App is free of cost and a service is chargeable according to the product cost mentioned in user invoice. However, this charge policy can be amended at our discretion and we reserve the right to charge for any of the Services.

You are obligated to pay for the Services, unless specifically notified otherwise. You can pay using our app payment gateway partners (if available) or could just pay our merchant in cash after the service is completed or product is delivered. For all purchases and payments for reimbursement costs, fees or expenses associated with a Service, we will charge your bank account according to the amount agreed upon between you and us for the use of the Service retains the right, in its sole discretion, to place a hold on any payment for a completed Service transaction.

If you choose to pay the Transaction Fee through the Website/App, your credit/debit card or other payment instruments will be processed using a third party payment gateway (“Payment Facility”) which will also be governed by the terms and conditions agreed to between you and your issuing bank.

We will not be responsible for any loss or damage to you due to your use of the Payment Facility on the Website/App.

 

VIII. Use of the Website/App and Services

a)      You agree to make use of the Website/App and Services for their intended purpose in a bonafide manner. In particular you agree not to:

       print, distribute, share, download, duplicate or otherwise copy, delete, vary or amend or use any data or user information of any user other than you

       Infringe on any intellectual property rights of any person and/or retain information in any computer system or otherwise with an intention to do so.

       Attempt to gain unauthorized access to any portion or feature of the Website/App, or any other systems or networks connected to the Website/App or to any server, computer, network, or to any of the Services by hacking, password “mining” or any other illegitimate means.

       Use of any automated systems to extract data from the Website/App.

       Make any inaccurate, false, unfair or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us, any Provider or any user on the Website/App.

       Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website/App or our systems or networks, or any systems or networks connected to us. or

       Circumvent or manipulate the Website/App, services, registration process, transaction fees, billing system, or attempt to do so.

b)      You further agree not to host, display, upload, modify, publish, transmit, update, share or otherwise make available on the Website/App any information, that:

       contains content or other material protected by intellectual property laws unless you own or control the rights  thereto or have received all necessary consents;

       Defames abuses, harasses, stalks, hurts religious or ethnic sentiments of, threatens or otherwise violates the legal rights of others.

       Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, 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.

       Harms minors in any way.

       Infringes any patent, trademark, copyright or other proprietary rights.

       Violates any law for the time being in force.

       Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.

       Abets or assists with impersonating another person.

       Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.

       Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

       Conducts or forwards surveys, contests, pyramid schemes or chain letters.

       Creates profiles or provides content that promotes escort services or prostitution.

       Uses any other internet service to send or post spam to drive visitors to any other site hosted on or through the Company’s systems, whether or not the messages were originated by you, under your direction, or by or under the direction of a related or unrelated third party.

       Contains any content which is non-compliant with the Information Technology Act, 2000, Rules and regulations, guidelines made thereunder, including Rule 3 of The Information Technology (Intermediaries Guidelines) Rules, 2011, Terms of Use or Privacy Policy, as amended/re-enacted from time to time.

 

IX. Intellectual Property Rights

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that users see or read on the Service is owned by us or are used by permission. Proprietary Material is protected in all forms, media and technologies now known or herein after developed GoChoosy owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the Intellectual Property Rights Act, as amended. The Proprietary Material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Service without our express prior written consent. Any use of such Proprietary Material, other than as permitted there in, is expressly prohibited without the prior permission of us and/or the relevant rightsholder. 
The service marks and trademarks of GoChoosy, including without limitation GoChoosy and our logo are service marks owned by GoChoosy. Any other trademarks, service marks, logos and/or trade names appearing on the Service are the property of their respective owners. You may not copy or use any of these marks, logo or trade names without the express prior written consent of the owner.

 

X. Indemnification

You agree to indemnify Us, Our owners, licensees, affiliates, group companies and their respective officers, directors, agents, and employees, on demand, against any claim, action, damage, loss, liability, cost, charge, expense or payment which We may pay, suffer, incur or are liable for, in relation to any act You do or cause to be done, in breach of the Terms of Use or Your violation of any law, rules or regulations.

 

XII. Feedback, Reputation and Reviews
You agree to be fair, accurate and non-disparaging while leaving comments, feedback, testimonials and reviews (“Feedback”) on or about the Website/App or the Services, You acknowledge that You transfer all rights in such Feedback to Us and that We will be free to use the same as We may find appropriate.

 

XII. Breach of these Terms of Use
If You have, or We have reasonable grounds to believe that You have, violated these Terms of Use in any way, We can indefinitely suspend or terminate Your access to the Website/App or Services at any time, forfeit any amounts paid by You and report such action to relevant authorities. We reserve the right to take recourse to all available remedies under applicable law in furtherance of the above.

 

XIII. Transactions
The Website/App is a platform which enables Users to interact with Providers (“merchants”) and any transactions between You and any Provider are strictly bipartite. We are not and cannot be a party to, or control in any manner, any Transaction between You and any Provider. We shall not and are not required to mediate or resolve any disputes or disagreements between the You and any Provider.

Accordingly, We will not be liable for any loss or damage incurred as the result of any such transaction. While interacting with any Provider found through the Website/App or through the Services, We strongly encourage You to exercise reasonable diligence as You would in traditional offline channels and practice judgement and common sense before committing to any Transaction or exchange of information.

You understand that there is no guarantee of a satisfactory response or any response at all to Your request for services of Providers.

All screening procedures, verification services and background checks, whether undertaken by Us or through third party consultants are performed on an “as is” and “as available” basis. By opting to avail of them You acknowledge that We will not be responsible for the quality or accuracy of the results of these procedures.

Providers may obtain personal information about You due to Your use of the Website/App or Services, and if such Providers may use this information to harass or injure You. We do not approve of such acts, but by using the Services, You acknowledge that We are not responsible for the use of any personal information that You disclose or share with others through the use of the Services.

 

XIV. Third Party Sites
All third party advertisements, hyperlinks or other redirection tools on the Website/App which take You to content operated by third parties are not controlled by Us and do not form part of the Website/App. We are not liable for any loss or harm that occurs to You as a result of such sites.

 

XV. Disclaimer and Limitation of Liability 
The website/app and services are provided on an “as is” and “as available” basis without any representation or warranty, express or implied. We do not warranty that:

       The Website/App or the Services will be constantly available or available at all. We shall have no liability to You for any interruption or delay in access to the Website/App or Services availed through it, irrespective of the cause.

       The information on the Website/App or given through Services is complete, true, accurate or non-misleading.

       Any errors or defects in the Website/App or Services will be corrected.

       That the Website/App is secure or free of viruses, Trojans or other malware.

       The contents of the Website/App or the Services do not infringe any intellectual property rights.

 

XVI. Miscellaneous

a)      Relationship between the Company and its Users
Use of the Website/App does not create any association, partnership, venture or relationship of principal and agent, master and servant or employer and employee between the User and the Company. Further, there is no relationship of principal and agent, master and servant or employer and employee between the Providers and the Company or the Contractor and the Company.

b)      Applicable Law and Dispute Resolution
These Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. Any disputes pertaining to the Website/App shall be subject to the exclusive jurisdiction of the appropriate courts in Bangalore.

 

XVII. Grievance
If You have any complaint or grievance to report, please write to the Grievance Officer at support@gochoosy.com.