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Terms & Conditions

Terms and Conditions

Thank you for selecting the services offered by Gogtar Suite and/or its subsidiaries and affiliates (referred to as “Gogtar”, “Gogtar Suite”, “We”, “Our”, or “Us”) review these terms of service (“Agreement”) thoroughly. This agreement is a legal agreement between you and Gogtar. On accepting it electronically, installing, accessing or using the services or products, you agree to these terms. If you do not wish to agree to out terms and conditions please refrain from using our services.

Trade Name

Gogtar Suite, Gogtar Logo, the name of the individual services and their logos are trademarks of Gogtar. You are not entitled to display or use, the Gogtar trademarks without Gogtar Suite’s prior written permission. Doing so would cause violation.

Usage

You are legally responsible for all the information, data, text, software, music, photographs, graphics, video, messages or other materials (“Content”), which is uploaded, posted or stored through your use of the services. You agree not to use the services for any illegal purposes or in violation of any applicable law or regulation. You are encouraged to archive your content on a regular basis. While using the services, you are responsible for any content that may be lost or uncoverable. You must provide all the required and appropriate warnings, information and disclosure. You agree that you will not use the services to share, store or in any way distribute financial data that is not in accordance with the law.

Users suspected of having information which involves fraud, embezzlement, money laundering, support for terrorism, insider trading or any other activity prohibited by law may have their accounts terminated, financial data erased and may be reported to law enforcement officials in the appropriate jurisdictions.

You agree not to store, upload, transmit virus or other disruptive or harmful software or data and any information, software or content that is not legally yours and may be protected by copyright or other proprietary rights or derivative works without permission from the copyright owner or intellectual property rights owner.

Parts of this Agreement

This agreement consists of the following terms and conditions (hereinafter the “general terms”) and terms and conditions, if any, specific to use of individual services (hereinafter the “service specific terms”). The general terms and service specific terms are collectively referred to as the “terms”. In case of a conflict between the general terms and service specific terms, the service specific terms shall prevail. 

Parts of this Agreement

This agreement consists of the following terms and conditions (hereinafter the “general terms”) and terms and conditions, if any, specific to use of individual services (hereinafter the “service specific terms”). The general terms and service specific terms are collectively referred to as the “terms”. In case of a conflict between the general terms and service specific terms, the service specific terms shall prevail. 

Services

Gogtar is in the business of providing inventory, accounting software, hospital management system, lead tracker management, vehicle management and tracking, ERP products and various solutions for your business needs. Gogtar also provides matrimony service, job service, business listing, selling of old and new products and online sale.

You agree and understand that Gogtar facilitates communication for the purposes of advertising and distributing information pertaining to goods and/or services. You further agree and understand that while interacting with other users on out site/app with respect to any listing, posting or information, we encourage you to exercise reasonable diligence as you would in traditional offline channels and practice judgement and common sense before committing to or complete intended sale, purchase of any goods or services or exchange of information. We recommend that you read our safety tips before doing any activity on our site.

While making use of Gogtar business listing and other services such as comments and feedback and other services interalia, you will post in the appropriate category or area and you agree that use of the Site shall be strictly governed by this AUP including the policy for listing of your Classified which shall not violate the prohibited and restricted items policy (herein after referred to as the Listing Policy.)

Listing Policy

For use of our Site and other services, you confirm and declare that you shall not list or post or provide information in relation to the sale or purchase or exchange of goods and services, content or information that are illegal under the laws of the Republic of India and/or are not permitted as per the prohibited items policy listed below.

Prohibited Items Policy

We specifically prohibit any listing or posting of classifieds or information in relation to the following items.

  • Liquor, alcoholic beverages, tobacco products, drugs, narcotics, psychotropic substances, intoxicants of any description, medicines, palliative/curative substances nor shall you provide link directly or indirectly to or include descriptions of items, goods or services that are prohibited under any applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 Narcotic Drug and Prohibited Substances Act and the Indian Penal Code, 1860.
  • Living, dead person and/or the whole or any part of any human which has been kept or preserved by any means whether artificial or natural including blood, bodily fluids and/or body parts.
  • Prostitution or any other service in the nature there of that purports to violate the provisions of Immoral Act or Indecent representation of women which violates the contemporary standards of morality and decency in Indian Society.
  • Religious items such as books, artifacts, etc. or nay information, description of any such item that is likely to affect the religious sentiments of any person or group.
  • Mature Audiences Policy includes films which do not have a certificate for public exhibition issued by the Central Board of Film Certification and are described and depict or otherwise deal with matters which are revolting or repulsive and or tend to deprave a person’s mind in such a way that they tend to offend against the standards of morality, decency and propriety generally accepted by reasonable adults.
  • Obscene Items such as those which contain an indecent representation of women within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986. Any publication or film or item that describes or depicts a minor who is, or who appears to be, under 18 (whether the minor is engaged in sexual activity or not) and any computer games not suitable for minor that are unsuitable for a minor to see or play.
  • Offensive Material intended for use in a sexual setting (including "bondage" and "fetish" items,) displaying sexual activity or portraying human genitalia in a "life-like" or realistic fashion
  • "Antiquities" and "Art Treasures" in violation of the provisions of the Antiquities and Art Treasures Act, 1972 ("the Act")
  • Information or items that are defamatory, libellous, threatening or abusive in nature.
  • Information that is fraudulent, misrepresenting as to the nature and use of the goods or the services.
  • Counterfeit, Pirated and stolen goods or unauthorised illegal services (services for which you are not licensed or permitted to do or do not have the authority to undertake).
  • Items, goods and services that infringe or attempt to pass off any third parties intellectual property or rights of publicity or moral rights and or purport's to breach any persons right to privacy.
  • Electronically transmitting through any medium computer viruses of any type or any computer program that facilitates hacking of a computer system which the intent to damage a computer or computer network or intercept any personal data.
  • Your information shall not include any hate content, that is derogatory or slanderous in nature that may directed to any individual or group or advocate violence against any users individuals and or animals.
  • Hazardous chemicals and pesticides and/ or items in violation of Hazardous Chemicals Act, 1985.
  • Fireworks, Destructive Devices and Explosives including any material that enables the making of fireworks, explosive triggers and explosive devices.
  • Identity Documents, Personal Financial Records & Personal Information (in any form, including mailing lists).
  • Lottery Tickets, Sweepstakes Entries and Slot Machines.
  • Items in violation of the Food Adulteration Act, 1954.
  • Military or Police Badges, Uniforms, coats-of-arms and or any Government emblems, insignia, and/ or items in violation of Emblems and names (Prevention of improper use) Act, 1950 and/ or Flag Codes of India Act, 2002.
  • Weapons and related items (such as firearms, firearm parts and magazines, ammunition, tear gas, stun guns, switchblade knives or any other item which is prohibited under the Indian Arms Act, 1959.
  • "Pyramid schemes" and "Multilevel Marketing" and/ or similar scams which are solely listed for the purpose of defrauding users.
  • Spam, abusive, duplicate, listing, fraud schemes (e.g. "Get rich quick" "work at homes" scams which are solely listed for the purpose of duping users).
  • Inappropriate, Wrong Category (e.g dining table listed as office furniture).
  • Inappropriate, Wrong Category (e.g dining table listed as office furniture).
  • International Listings.

Without prejudice to the generality of the above, Gogtar does not permit posting or listing of classifieds in relation to the following.

  • Securities within the meaning of the Securities Contract Regulation Act, 1956, including shares, bonds, debentures, etc. and/or any other financial instruments/assets of any description.
  • Living, dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural including rugs, skins, specimens of animals, horns, hair, antlers, feathers, nails, musk, eggs, teeth, nests, other animal products of any description, the sale and purchase of which is prevented or restricted in any manner by applicable laws (including those prohibited under The Wildlife Protection Act, 1972 and/or The Environment Protection Act, 1986).

Your Listing, Information and Advertisement.

  • Shall not be defamatory, trade defamatory, unlawfully threatening or harassing. Further shall not be fraudulent, misrepresenting, misleading or pertain to the sale of any illegal, counterfeit, stolen goods and or services which do not belong to you or you do not have the authority for. Further still shall not infringe any intellectual property, trade secret or other proprietary rights or rights of publicity or privacy of any third party.
  • Shall not contain any viruses, Trojan horses, cancel bots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
  • Shall not be allowed to libel anyone or include hate, derogatory, slanderous speech directed at individuals or groups. You should not advocate violence against other users or individuals or groups.

Users are Expected to Adhere to and Comply with the following Policies while Listing items.

  • Restricted Item Policy – In addition to the above prohibited items policy users shall also adhere to and comply with the restricted items policy while listing, posting or providing information in relation to any goods or services.
  • The Listing For Sales Of The Following Items Is Permitted:
    • Aquarium or pond fish, snails or similar creatures.
    • Cats and dogs unless exotic.
    • Live insects, crickets and worms used as bait or feeder food for pets.
  • Duplicate Ad Listings Not Allowed – Any ad posted more than once with the same content and title in the same city and category would be considered as a Duplicate Ad. We advise you to post multiple ads only if you have different items or services for sale. All duplicate ads would be deleted and posters penalised if the problem persists.
  • Mature Audience/Sexually Oriented Material – Classifieds relating to items that include items intended for use in sexual activity would not be permitted. (An example of such classifieds relating to items not normally permitted would be a classified for the sale of a vibrator). Please also be aware that titles with graphic adult language are inappropriate, regardless of the item contained in the listing itself.

Consequences of Breach of Listing Policy

Users who violate the prohibited items policy and or the restricted items policy may be subject to the following actions.

  • Suspension or termination of membership.
  • Permanent blocking of access to the site.
  • Reporting of Law Enforcement or Appropriate Authorities.
Eligibility

Use of Gogtar, either by registration or by any other means, is available only to persons, who are Citizens of the Republic of India, who are 18 years of age and above and persons who can enter into a legally binding contract, and or are not barred by any law for the time being in force. If you access Gogtar, either by registration on the Site or by any other means, not as an individual but on behalf of a legal entity, you represent that you are fully authorised to do so and the listing, posting or information placed on the site on behalf of the legal entity is your responsibility and you agree to be accountable for the same to other users of the Site.

Abuse to Gogtar

You agree to inform us if you come across any listing or posting that is offensive or violates our listing policy or infringes any intellectual property rights by clicking on the following link mygogtar@gmail.com to enable us to keep the site working efficiently and in a safe manner. We reserve the right to take down any posting, listing or information and or limit or terminate our services and further take all reasonable technical and legal steps to prevent the misuse of the Site in keeping with the letter and spirit of this AUP and the listing policy. In the event you encounter any problems with the use of our site or services you are requested to report the problem by clicking on this link mygogtar@gmail.com.

Violations by User

You agree that in the event your listing, posting or your information violates any provision of this AUP or the listing policy, we shall have the right to terminate and or suspend your membership of the site/app and refuse to provide you or any person acting on your behalf, access to the site/app.

Content

The site/app contains content which includes your information, Gogtar’s information and information from other users. You agree not to copy, modify, or distribute such content (other than Your Information), Gogtar’s copyrights or trademarks. When you give us any content as part of Your Information, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right and license to use, reproduce, publish, translate, distribute, perform and display such content (in whole or part) worldwide through the Site as well as on any of our affiliates or partners websites, publications and mobile platform.

We need these rights with respect to the content in Your Information in order to host and display your content. If you believe that there is a violation, please notify us by clicking here mygogtar@gmail.com.

We reserve the right to remove any such content where we have grounds for suspecting the violation of these terms and our Listing Policy or of any party's rights.

Disclaimer of Warranties

All the users using Gogtar must agree that the use of the products or services is at their sole risk. Gogtar explicitly disclaims that all warranties of any kind whether expressed or understood, but not limited to, the implied warranties of merchantability and fitness for particular purpose. Services and all accompanying documentation are provided on “as is” and “as available”. Basis, without any warranties, express, implied, or statutory, including without limitation any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

Gogtar gives no assurance or warranty that the services will be uninterrupted, timely, secure, or error-free. For instance, for any material downloaded or obtained through the use of the product/ services will be your own judgment and risk and you will be solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of the services or the download of any such material. Gogtar will give no advice or information, whether written or oral, obtained by you, Gogtar employees or representatives shall create any warranty not explicitly stated in the terms.

Gogtar, its affiliates, and suppliers disclaim any representations or warranties that your use of the services will satisfy or ensure compliance with any legal obligations or laws or regulations. You are solely responsible for ensuring that your use of the services is in accordance with applicable law. Notwithstanding the foregoing, no provision of this agreement shall exclude or limit liability to the extent that such exclusion or limitation is prohibited by the applicable laws of India and for the avoidance of doubt Gogtar does not exclude or limit liability for:

  • Death or personal injury caused by its negligence or the negligence of its officers, employees, contractors or agents.
  • Fraud or fraudulent misrepresentation.
  • Any other liability which cannot be lawfully excluded by contractual agreement of the parties.
Limitation of Liability

In no event shall a disclaiming entity be liable for any lost profits, loss of data, or any indirect, legal, incidental, special, consequential, or exemplary damages arising out of, in connection with, or relating to this agreement or the services, including without limitation the use of, inability to use, or unavailability of the Gogtar products and services.

In any circumstances will any of the disclaiming entities be responsible for any damage, loss or injury resulting from hacking, tampering, or other unauthorised access or use of the service or your Gogtar account or the information contained therein, or your failure to use or implement security controls that are appropriate for your business.

  • The right entities assume no liability or responsibility for any
  • Personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Gogtar services.
  • Any unauthorized access to or use of servers used in connection with the Gogtar services and/or any and all personal information stored therein
  • Any interruption or cessation of transmission to or from the Gogtar Products and services; (d) Any software bugs, viruses, Trojan horses, or other harmful code that may be transmitted to or through the Gogtar services
  • Any errors, inaccuracies or omissions in any content or information, for any loss or damage incurred as a result of the use of any content or information, in each case posted, emailed, stored, transmitted, or otherwise made available through the Gogtar services; and/or
  • User content or the defamatory, offensive, or illegal conduct of any third party.

Without constraining anything to the contrary, the disclaiming entities’ cumulative liability to you shall be limited to direct damages and in all events shall not exceed in the aggregate the fees paid by you to Gogtar for procuring a license. This limitation of liability section applies irrespective of the legal theory on which the claim is based, including without limitation contract, tort (including negligence), strict liability, or any other basis.

The foregoing will apply to the fullest extent permitted by law in the applicable jurisdiction. 

Gogtar Services and products are controlled and operated from facilities in India. Except where expressly stated otherwise, Gogtar makes no representations that the Payment Gateway Services are appropriate or available for use in other locations. Those who access or use the Gogtar products and services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Indian, foreign and local laws and regulations, including but not limited to export and import regulations. You may not use the Gogtar products and services from, or on behalf of persons or entities in a country embargoed by India.

Blocked or denied by the India government. Unless otherwise explicitly stated, all materials contained in the Gogtar Product and Services are solely directed to individuals, companies, or other entities located in India.

Right to Amend

The company has the right to make amendments or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Gogtar products and services with or without notice that we in our sole discretion deem to be reasonable in the circumstances. Any use of the Payment Gateway Services or software after our notification through email address of any such changes will constitute your acceptance of this Agreement as modified.

Any rights or licenses granted hereunder may not be transferred or assigned by you without our prior written consent but may be assigned by us without consent or other restriction upon notice to you or where substantially all of Gogtar assets are sold. Any attempt by you to assign this Agreement, or any rights or licenses granted herein, without Gogtar’s express written consent will be null and void.

Parties

This agreement binds you and your respective representatives and permitted and approved successors (including those by merger and acquisition) or any permitted assigns.

Indemnification Trademark

You agree for any damages and will hold Gogtar harmless, its officers, employees, suppliers and affiliates from any kind of losses, damages, fines and expenses arising out of or related to any services you have used in violation of another party’s right, in violation of any law, in violation of any provisions of the terms.

Suspension and Termination

The company has the rights to suspend any user account or temporarily disable access to whole or part of any service in case of any suspected illegal activity, breach of usage terms, extended periods of inactivity or requests by law enforcement or other government agencies.

Disputes: Choice of law, jurisdiction, and venue

You agree that any disputes arising out of or relating to this agreement or the Gogtar products and services will be resolved through arbitration and conciliation laws or litigation law, rules and regulation (as up to date and amended) governed by the Indian laws and constitution as applicable. The place of jurisdiction will be Chandigarh.

This agreement is governed by the Indian laws without regard to its choice of law provisions.

Headings are included in this agreement for convenience only and will not be considered in interpreting this agreement. It will not limit any rights that we may have under trade secret, copyright, patent, or other laws. Our delay or failure to assert any right or provision under this agreement will not constitute a waiver of such right or provision. No waiver of any term of this agreement will be deemed a further or continuing waiver of such term or any other term.

Force Majeure

No party will be liable for any kind of delays in processing or other nonperformance caused by circumstances such as fires, telecommunications failures, utility failures, power failures, equipment failures, labor conflicts, violence, war, terrorist attack, nonperformance of our vendors or suppliers, acts of God, or other causes over which the respective party has no reasonable control, except that nothing in this section will affect or excuse your liabilities and obligations.

Survival

In addition to any planning that is reasonably necessary to complete or enforce the purpose of this agreement, legal to specific clauses that will survive termination of this agreement will last and remain in effect in accordance with their terms upon the termination of this agreement.

Termination and Other Legal Terms

Gogtar reserves the right to terminate users account or product in event of the breach of terms and usage guidelines. We might also terminate your account if found in breach of any of clauses. You might also terminate the agreement in writing by intimation prior 7 days of termination.

Taxes

It is your obligation to determine what, if any, taxes apply to the sale of your products and services and/or the payments you receive in connection with your use of Gogtar (“Taxes”). It is your sole duty to assess, collect, report, or remit the correct tax to the proper tax authority.

We are not supposed to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. You admit that we can make certain reports to tax authorities in regards to transactions that we process and users to which we provide Gogtar Product and services.

Your Data Security Obligations

You are fully responsible for the security of data on your site, through your app/product, or otherwise in your possession. You agree to comply with all applicable state and federal laws and rules in connection with your collection, security, and dissemination of any personal, financial, card, or transaction information (defined as “user data”) on your site/computer/device or through your app. While payment gateway helps to make compliance easier, you are solely responsible for compliance with any laws, regulations, or rules applicable to your business.

Your Privacy

Privacy and the protection of personal information are very important to us. You acknowledge that you have received, read in full, and agree with the terms of our privacy policy, linked to and incorporated into this agreement by reference, which contains your permission to our collection, use, retention, and disclosure of personal information as well as other matters. The privacy policy also explains how and for what purposes we collect, use, retain, disclose, and safeguard the personal information provided to us. You admit that we are required to provide your business name and limited information to financial services providers.

By becoming a member of Gogtar community and/or using the services of the site/app, you unconditionally and irrevocably confirm that you have read and understood the above provisions and agree to abide by them. If you have any questions regarding this service agreement, then please contact us at our registered office E-261, IT Tower, Phase 8B Industrial Area, Sector 74, Mohali – 160055, Punjab, India. Or call us at 8804851111, 8804861111 or email us mygogtar@gmail.com.