Terms & Conditions

Last Updated: 23rd February 2022

 

The following Terms and Conditions of Use (“Terms of Use”) govern your (hereinafter the users/customers/end users shall be referred to as “you”/” your”/”user” depending upon the context) use of the website https://2407go.com/ (“Website”) and accessing the services and information provided by the Company.

 

  1. SCOPE OF SERVICES

 

These Terms form a legally binding agreement between you and Super KOL Commerce Private Limited, a company incorporated under the laws of India (hereinafter referred to as “Company”/ “we”/ “us”/” our”), being the owner of the Website. Please read the Terms of Use and Privacy Policy available at https://2407go.com/pages/privacy-policy carefully before proceeding. These Terms of Use apply to all users of the Website and by using the Website and accessing the services and information provided by the Company, you expressly understand, acknowledge, and agree to comply with these Terms of Use. The Website’s privacy policy is hereby incorporated into these Terms of Use by reference as though fully set forth herein. If you do not agree with these Terms of Use, then please do not access the Website and the services and information provided by the Company.

 

  • The Company retains the right at any time to deny or suspend access to any or all sections of the Website or the services provided by the Company, to any user, who the Company believes, has violated any of the provisions of these Terms of Use and the Privacy Policy.

 

  • These Terms of Use do not cover other services, websites or any corresponding content, features, and activities made available by any other company or third party, unless specifically stated. Instead, those third parties’ terms and conditions would apply to such services.

 

  • In case of users being below the age of 18 years, these Terms of Use and the Privacy Policy need to be accepted by user’s parents/legal guardian, and the term ‘you/your’ wherever used in these Terms of Use and the Privacy Policy shall be deemed to be interpreted and include reference to ‘your ward’.

 

  1. GENERAL CONDITIONS

 

  • You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

  • You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

  • You may not use Our products and/or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction.

 

  • You may not use Our products and/or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction.

 

  1. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

  • SKOL shall not be held responsible for the accuracy, completeness, or correctness of the information available on the Website.

 

  • The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.

 

  • Any reliance on the material on this Website is at your own risk. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes on the Website.

 

  1. MODIFICATIONS

 

  • Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any of the services (or any part thereof) offered through the Website or the design and functionality of the Website, with or without notice and/or reason(s). You agree that Company shall not be liable either to you or to any third party for any modification, suspension or discontinuance of any of the services including without limitation any failure of performance, error, omission, interruption, deletion, loss of information, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous actions, negligence, or under any other cause or action.

 

  • We may modify these Terms of Use as well as the Privacy Policy from time to time, and at any time, without notice to you, for any reason, in our sole discretion. If we make material changes to these Terms of Use and/or the Privacy Policy, we will notify you by posting or displaying a notice on the Website and/or via other electronic means. The form of such notice is at the Company’s sole discretion. These changes become effective immediately upon being posted on the Website and any subsequent use of the Website and/or the services provided by the Company by you will be deemed to constitute your consent to be bound by the revised Terms of Use and/or the Privacy Policy. We recommend that you check back and review these Terms of Use and the Privacy Policy regularly so as to be aware of the updated rights and obligations applicable to you.

 

  • The Company reserves the right, at its absolute discretion and without assigning any reason, to refuse any user from accessing the Website and/or the services provided by the Company. The Company also reserves the right to suspend or cancel at any time and without notice the access of the Website and/or the services of any user who is found to be in breach of these Terms of Use and/or the Privacy Policy or if any user who in the reasonable opinion of the Company is guilty of conduct which is detrimental to the reputation of the Company.

 

  1. AVAILABILITY OF PRODUCTS OR SERVICES

 

  • Certain products or Services may be available exclusively online through the Website. These products or Services may have limited quantities and are subject to return or exchange only at the discretion of the Company.

 

  • We have made every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction.

 

  • We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of the Company. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

  1. USER CONDUCT

 

  • You are solely responsible for your conduct on and in connection with the Website and the services provided by the Company. We want to keep the Website safe for everyone and the use of the Website for unlawful or harmful activities is not allowed. You represent, warrant, and agree that, while using the Website and/or the services provided by the Company, you shall not:

 

  • intentionally or unintentionally engage in or encourage conduct that would violate any applicable local, state, national or international law, rule, regulation, judicial or government order or treaty or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other person or entity;

 

  • intentionally or unintentionally engage in or encourage conduct that adversely affects, or reflects negatively on, the Company, our goodwill, name, or reputation or causes duress, distress or discomfort to us or anyone else, or discourages any person or entity from using all or any portion, features, or functions of the Website, or from advertising, linking, or becoming a partner to us in connection with the Website;

 

  • submit, email, transmit or otherwise make available on, through or in connection with the the Website, the services provided by the Company, any material that contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

 

  • use the Website for unauthorised commercial or business purposes, including, without limitation, engaging in barter arrangements, pyramid schemes, advertising, marketing, or offering goods or services or exploiting information or material obtained on, through or in connection with the Website, whether or not for financial or any other form of compensation or through linking with another website or web page;

 

  • modify, disrupt, impair, alter, or interfere with the use, features, function, operation or maintenance of the Website or the rights or use or enjoyment of the Website or the services provided by the Company, by any other user;

 

  • impersonate any person or entity, including, without limitation, a Company official, or falsely state or otherwise represent your affiliation with any person or entity, or transmit or otherwise make available on, though, or in connection with the Website false or misleading indications of origin, information, or statements of fact;

 

  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the Website;

 

  • solicit personal identifying information for commercial or unlawful purposes from other users, solicit users for commercial or unlawful purposes, or engage in spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping,”, “phishing”, “database scraping,” or any other activity with the purposes of obtaining lists of users or other information; or use or launch any automated systems, including, without limitation, “spiders,” “robots,” or “offline readers,” that access the Website and/or the services provided by the Company, in a manner that sends more request messages to the Company servers in one given period of time than a human being can reasonably send in the same period of time by using a conventional online web browser;

 

  • copy, replicate, modify, distribute, display, perform, create derivative works from, transfer or sell any information, software, products, or services obtained from the Website whether printed, visual, electronic, e-mail forwarding, digital transmission, scanned, website re-cycled or any other form of material except where expressly noted that the material is available for such purpose. As a condition of your use of the Website, you hereby warrant that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use or otherwise;

 

  • knowingly or unknowingly be involved in activities that threaten 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 cognisable offence or prevents investigation of any offence or is insulting other nation;

 

  • infringe any trademark or other proprietary rights;

 

  • violate any law for the time being in force including provisions of the Information Technology Act, 2000 and the rules and regulations framed thereunder including but not limited to Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

 

  • You further agree and acknowledge that any unauthorized or unlawful use of the Website and/or the services provided by the Company would result in irreparable injury to the Company and/or its affiliates for which monetary damages may be inadequate, and in such event Company and/or its affiliates, as applicable, shall have the right, in addition to other remedies available at law and in equity, to obtain immediate injunctive relief against you. Nothing contained in these Terms of Use shall be construed to limit remedies available pursuant to statutory or other claims that Company and/or its affiliates may have under separate legal authority.

 

  1. ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

  • We may, in our sole discretion, limit or cancel quantities purchased per person or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

 

  • In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or the phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. Cancellation of orders can be accepted only before shipping as items are food products and it can't be taken back.

 

  • You agree to provide current, complete, and accurate purchase and account information for all purchases made on the Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

  • We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools,” as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

  1. PROPRIETARY RIGHTS

 

  • Ownership: As between you and Company, Company owns, solely and exclusively, all right, title and interest in relation to the Website provided by it and all products and services contained and/or made available on, through or in connection therewith, and the Website is protected, without limitation, under the applicable Indian laws, as well as applicable foreign laws, rules, regulations, and treaties. The term products and services includes, without limitation, all artwork, photographs, illustrations, graphics, logos, text, computer code, data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Website, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Website, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein (including with respect to any content contained and/or made available in any advertisements or information presented to you via the Website). Unless the context clearly requires otherwise or we explicitly set forth in writing, the term Website includes Company Content as well.

 

  • Restrictions: Except as expressly permitted by the Company, the Website is to be used solely for your non-commercial, non-exclusive, non-assignable, non-transferable, and limited personal use and for no other purposes. You must not alter, delete, or conceal any copyright, trademark, service mark or other notices contained on the Website, including, without limitation, notices on the Website you transmit, display, print, stream or reproduce from the Website. Except as provided in these Terms of Use or expressly authorized by Company, you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website or platform), or otherwise use any Company Content without the express, prior written consent of Company or its owner. Any unauthorized or prohibited use of any Company Content may subject you to civil liability, criminal prosecution, or both, under applicable local laws, or applicable foreign laws, rules, regulations, and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall aggressively enforce the same to the fullest extent of the law, including seeking criminal prosecution. We likewise respect the intellectual property of others. If you believe that the Website and/or any services provided by the Company contains elements that infringe your copyrights in your work, please refer to the contact details of the Company’ Grievance Redressal Officer as stipulated below and in the Privacy Policy. Moreover, the framing or scraping of or in-line linking to the Website or any content contained thereon and/or the use of “web crawlers”, “spiders” or other automated means to access, copy, index, process and/or store any content made available on or through the Website other than as expressly authorized by us is prohibited. You further agree to abide by exclusionary protocols (e.g., Robot.txt, Automated Content Access Protocol (ACAP), etc.) used in connection with the Website.

 

  1. USER REPRESENTATIONS AND WARRANTIES

 

You acknowledge, represent and warrant to the Company as follows:

 

  • You will be solely responsible for your use of the Website including content, material and information posted, published, submitted, or otherwise disseminated by you through the Website or Partner Platforms. You will use the Website legally and only for the purposes that it is intended to be used for.

 

  • You will be solely responsible for obtaining and maintaining third party consents for content, material, and information of any third party posted, published, submitted, or otherwise disseminated by you through the Website. You will not, for example, be in breach of any obligations, contractual or statutory, to which you are subject or governed.

 

  • You will evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

 

  • You will fully comply with these Terms of Use and the Privacy Policy.

 

  • You will be fully responsible for your use of the Website and/or the services provided by the Company.

 

  • You acknowledge that the internet or the Company’s systems, services and equipment may from time to time be inoperative in full or in part as a consequence of but not limited to, mechanical breakdown, maintenance, hardware or software upgrades, any communication, connectivity problems or other facts beyond the control of Company. You acknowledge that Company will not be held liable for any failure or inability to provide continuous, error free, uninterrupted services under these or any other circumstances.

 

  • You will indemnify the Company, its affiliates, employees, experts, etc., as applicable, against any claim or demand, including reasonable legal fees, incurred by any of them due to or arising out of any content that you submit, post, transmit or make available through the Website; or any other website/application that chooses to link to or display the content; your use on or off the Website; any unlawful, unauthorized or prohibited use of the Website; and/or your violation of these Terms of Use and the Privacy Policy.

 

  1. PRIVACY

 

Your data and other information collected through the use of the Website is subject to our Privacy Policy. You acknowledge that through your use of the Website, you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to governmental authorities for storage, processing and use by Company and its affiliates.

 

  1. LIABILITY DISCLAIMER

 

  • The Company shall not be responsible for interactions between users of the Website or be held liable for any harm or damage you may experience because of these interactions. It is advisable for users to be responsible and take necessary precautions when interacting with other users.

 

  • We do not assume any liability with respect to any loss or damage, arising directly or indirectly due to any inaccuracy or incompleteness of any information or a breach of any warranty or guarantee due to the actions of any user in relation to Website, services provided by the Company and/or Partner Platforms.

 

  • The Website is provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. We do not warrant the quality of the Website including its uninterrupted, timely, secure, or error-free provision or correction of any errors.

 

  • In no event shall we, or any of our affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, service providers, and suppliers be liable for any special, incidental, punitive, direct, indirect, or consequential damages suffered as a consequence of a breach of the Terms of Use and/or Privacy Policy by another user or arising out of the use of or the reliance on any of the contents of the Website and/or services provided by the Company.

 

  1. INDEMNITY

 

  • You agree to indemnify and hold the Company and/or its affiliates, service providers, licensors, etc., and each of their officers, directors, employees, agents, and representatives harmless from and against any claims, suits, proceedings, disputes, demand, liabilities, damages, losses, costs, and expenses (including without limitation, reasonable legal and accounting fees) in any way related to or arising out of:

 

  • your access to or use of the Website;
  • any information, content, etc., uploaded by you in relation to the Website;
  • your act or omission resulting in violation of any of the provisions of these Terms of Use; or
  • infringement by you, or anyone using your account, of the intellectual property rights or other rights of any person or entity.

 

  • The Company reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify the Company and you agree to cooperate with the Company’s defence of these claims at your expense. You agree not to settle any matter for which you are required to indemnify us without our prior written consent in each case. The Company will use all reasonable efforts to notify you of any such claim, action, or proceeding once we become aware of it. However, the failure of the Company to notify would not affect your indemnification obligations under these Terms of Use.

 

  1. LINKS TO THIRD PARTY SITES

 

  • The Website may contain hyperlinks to websites and Partner Platforms operated by parties other than the Company. Such hyperlinks are provided for your reference only. Company does not control such websites and is not responsible for their contents. Company’s inclusion of hyperlinks to such websites does not imply any endorsement of the material or content on such websites or any association with their operators.

 

  • Company and/or its business partners may also present advertisements or promotional materials on or through the Website. Your participation in any promotional event is subject to the terms and conditions associated with that event. Your dealings with, or participation in promotions of, any third-party advertisers on or through the Website would be solely between you and such third-party. You hereby confirm and acknowledge that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on this Website.

 

  • Without limiting any of the disclaimers of warranty set forth in these Terms of Use, Company does not provide or make any representation as to the quality or nature of any of the third-party products or services provided through this Website, or any other representation, warranty, or guaranty. Any such undertaking, representation, warranty, or guaranty would be furnished solely by the provider of the applicable class, or learning material, product, or service, under the terms agreed to by the provider, as the case may be.

 

  • From time to time, you may choose to communicate or interact with, or from, advertisers, sponsors, or promotional partners (collectively, the “Advertisers”) found on or through the Website or a hyperlinked site, service, or Partner Platform. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertisers or any goods or services you may purchase or obtain from any Advertiser).

 

  1. INTERMEDIARY STATUS AND GRIEVANCE OFFICER

 

  • We are an intermediary as defined under Applicable Laws (as defined in the Privacy Policy). These Terms are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Company’s role is limited to providing services to creators, artists and influencers who upload, share and display content through Partner Platforms.

 

  • Company does not control what you or other people may or may not do on the Website or on Partner Platforms and are thus, not responsible for the consequences of such actions (whether online or offline). Company is not responsible for services and features offered by others, even if you access them through our Website. Our responsibility for anything that happens on the Website or the Partner Platforms is strictly governed by the laws of India and is limited to that extent. You agree that we will not be responsible for any loss of profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising to you or any other person related to these Terms of Use, even if we know they are possible. This includes when we delete your information.

 

  • Any and all communication relating to any data safety, privacy, Website concerns or grievance experienced by the User may be communicated to Company by contacting our “Grievance Officer”, established in accordance with the Applicable Laws, using the contact details provided below:

 

Name: Nayona Roy

Address: Qyuki Digital Media Private Limited, 2nd Floor, Hari Niwas Building, 30th Cross Road, Bandra West, Mumbai 400050

Email Address: Nayona.roy@qyuki.com

 

  • As required under the Applicable Laws, the Grievance Officer shall acknowledge the complaint expeditiously and resolve the issue within a period of fifteen days from the date of the receipt of the complaint.

 

  • Our operations are supported by a network of computers, cloud-based servers, and other infrastructure and information technology, including, but not limited to, third-party service providers. We and some of our subsidiaries and affiliates, servers, vendors, and service providers may not be located in your jurisdiction.

 

  1. TERMINATION OF ACCESS

 

These Terms of Use will remain in full force and effect while you are a user of the Website and/or the services provided by the Company. Your access to the Website and/or the services provided by the Company may be terminated at any time at the sole option and discretion of the Company or if you are found to be in breach of these Terms of Use or Privacy Policy or if, in the reasonable opinion of the Company, you are guilty of conduct which is detrimental to the reputation of the Company.

 

  1. GENERAL

 

  • Governing Law and Jurisdiction. These Terms of Use and Privacy Policy are governed by the laws of India. User hereby consents to the exclusive jurisdiction of the courts at Mumbai for any and all disputes arising out of or relating to the use of this Website and/or the services provided by the Company.

 

  • Entire Agreement; Severability. These Terms of Use and any other terms or documents referred to herein represent your entire agreement with Company with respect to your use of the Website and/or the services provided by the Company. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable laws, then the invalid or unenforceable provision shall be severed from the remaining terms, conditions and provisions which shall continue to be valid and enforceable to the fullest extent permitted by law. In that event, the invalid or unenforceable provision shall also be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.

 

  • No Waiver. Failure or neglect by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other or same right on any later occasion.

 

  • No Assignment. These Terms of Use shall be personal to every user and you shall not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without Company’s prior written consent. Company reserves the right to assign or transfer all or any of its rights and obligations under these Terms of Use to any of its affiliates or any other third party, without notice to you.

 

  • A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form

 

  • Any rights not expressly granted herein are reserved.

 

© 2021 Super KOL Private Limited. All rights reserved.

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