GENERAL TERMS AND CONDITIONS

This document is an electronic record in terms of the 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 document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms for access or usage of www.ibogoapp.com website and IBOGO application for mobile and handheld devices.

DEFINITIONS AND ACCEPTANCE OF TERMS

These terms of service (“Terms”) govern your use of our website www.ibogoapp.com (“Website”) and IBOGO application (“App”) for mobile and handheld devices and are intended to make you aware of your rights and responsibilities while using the Website or the App ("Platform").

Please read these Terms carefully before you use the services. By accessing the IBOGO Platform you are agreeing to these Terms. If you do not agree to these Terms, you may not use the services or the platform and we request you to uninstall the App. Your use of the IBOGO platform is at your own risk, including the risk that you might be exposed to objectionable or otherwise inappropriate content.

I. DEFINITIONS

You signify your acceptance to the Terms by:

• Clicking to accept or agree to the Terms, where it is made available to you by IBOGO in the user interface for any particular service; or
• By installing, downloading or even merely using the Platform

The Platform is owned and operated by Bubmart online stores LLP, having its principal office located at BUILDING NO.18/173, PRAKASH VILLA KAITHA NORTH , CHETTIKULANGARA, Alappuzha KL 690106, For the purpose of these Terms, wherever the context so requires, "you", “User” or “Buyer” shall mean any natural or legal person who shall transaction on the Platform by providing registration data while registering on the Platform as a registered user using any computer systems. The terms "IBOGO", "we", "us" or "our" shall mean Bubmart online stores LLP.

ELIGIBILITY

1. By using the IBOGO service, you affirm that you are 18 years or older to enter into these Terms or, if you are not, that you are 13 years or older and have obtained parental or guardian consent to enter into these terms.

2. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).

TERMS OF USE

● The IBOGO offers are exclusive and are not valid in conjunction with any other discount offers, promotions, special menu items, dining or loyalty programs.

● Deals are subject to change without prior notice, with the mutual consent of IBOGO & Partners.

TERMS OF SERVICE

1. IBOGO reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.

2. The platform may be under constant upgrades, and some functions and features may not be fully operational. You may be required to install certain upgrades or updates to the software in order to continue to access or use the services, or portions thereof. Any updates or upgrades provided to you by us under the Terms shall be considered part of the services.

3. The user agrees and acknowledges that IBOGO shall not be responsible for:

• The services or goods provided by the Partners;
• The Partner's services or goods not being up to user expectations or leading to any loss, harm or damage to him/her;
• The availability or unavailability of certain items on the menu;
• The Partner serving the incorrect Orders; or
• Cancellation of reservations made at the Partner hotels/restaurants;

4. The details of the menu and price list available on the Platform with respect to offers, services or any other services are based on the information provided by the Partners and IBOGO shall not be responsible for any change or cancellation or unavailability.

5. The user shall undertake to provide adequate directions, information and authorisations to accept delivery. In the event of no delivery due to any act or omission attributable to the user, the goods or services shall be deemed to have been delivered to the user and all risk and responsibility in relation thereto shall pass to the user without being entitled to any refund.

6. IBOGO reserves the right to charge a subscription and/or membership fee and/or any other charge from Buyers, in respect of any product or service on the IBOGO Platform anytime in future.

AMENDMENTS

IBOGO may vary or amend or change or update these Terms, from time to time entirely at its own discretion. The same shall be uploaded on the platform for your perusal. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of IBOGO Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms. As long as you comply with these Terms, IBOGO grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform.

CONTENT GUIDELINES

You represent that you have read, understood and agreed to our Guidelines and Polices related to content

PRIVACY POLICY

1. Violate our Guidelines and Policies;
2. Is illegal, or violates any central, state, or local law or regulation (for example, by disclosing or trading on inside information in violation of securities law);
3. Threatens the unity, integrity, defense, security or sovereignty of India or of the country of use, 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;
4. Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libellous, hateful or otherwise objectionable, invasive of another's privacy, relating or encouraging money laundering or gambling;
5. Constitutes an inauthentic or knowingly erroneous review, or does not address the goods and services, atmosphere, or other attributes of the business you are reviewing;
6. Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
7. Accuses others of illegal activity, or describes physical confrontations;
8. Attempts impersonification of another person or entity;
9. Disguises or attempts to disguise the origin of Your Content, including but not limited to by: (i) submitting Your Content under a false name or false pretences; or (ii) disguising or attempting to disguise the IP address from which Your Content is submitted;
10. Asserts or implies that Your Content is in any way sponsored or endorsed by us;
11. Accesses or uses the account of another Buyer without permission;
12. Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
13. "Hacks" or accesses without permission our proprietary or confidential records, records of another Buyer, or those of anyone else;
14. Collects, accesses, or stores personal information about other Buyers of the Services;
15. Harms minors in any way;

2. You hereby agree and assure that the IBOGO Platform/services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or international law(s). You shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms or to make any representation or warranty on behalf of IBOGO in any form or manner whatsoever.

2. You hereby agree and assure that the IBOGO Platform/services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or international law(s). You shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms or to make any representation or warranty on behalf of IBOGO in any form or manner whatsoever.

3. Any Content uploaded by you, shall be subject to relevant laws of India and of the country of use and may be disabled, or and may be subject to investigation under applicable laws. Further, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the IBOGO Platform, IBOGO shall have the right to immediately block your access and usage of the IBOGO Platform and shall have the right to remove any non-compliant content and or comment forthwith, uploaded by you and shall further have the right to take appropriate recourse to such remedies as would be available to it under various statutes.

ACCOUNT REGISTRATION

1. You may access the Platform by registering to create an account (" IBOGO Account") and become a member (" Membership"). The Membership is limited for the purpose and is subject to the terms, and strictly not transferable.

2. You agree to provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete.

3. We reserve the right to suspend or terminate your IBOGO Account and your access to the Services (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other users or us; and/or (iii) if you are found to be non-compliant with the Terms or other IBOGO policies.

4. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your IBOGO Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your IBOGO Account.

5. Goods and services purchased from the Platform are intended for your personal use and you represent that the same are not for resale or you are not acting as an agent for other parties.

ORDER BOOKING AND PAYMENT

1. The Platform allows the Buyers to place orders and upon acceptance of such orders by the Partners, IBOGO will, subject to the terms and conditions set out herein, facilitates delivery of goods or services, or completion of tasks through PDP.

2. IBOGO does not own, sell, resell on its own such products offered by the Partners, and/or does not control the Partners or the related services provided in connection thereof. Buyer understands that any order that he/she places shall be subject to the terms and conditions set out in these Terms including, but not limited to, product availability, delivery location serviceability, and acceptance of Orders by Partners/PDPs.

3. All payments made against the Orders or Services on the Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency with respect to the Orders or Services made on Platform. You can pay by (i) credit card or debit card or net banking; (ii) any other RBI approved payment method at the time of booking an Order; or (iii) credit or debit card or cash at the time of delivery.

4. You understand, accept and agree that the payment facility provided by IBOGO is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, IBOGO is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.

5. The prices reflected on the Platform, including packaging or handling charges, are determined solely by the Partner and are listed based on Partner's information. Very rarely, prices may change at the time of placing Order due to Partner changing the menu price without due intimation and such change of price are at the sole discretion of the Partner attributing to various factors beyond control.

6. The Partner shall be solely responsible for any warranty/guarantee of the goods or services sold to the Buyers and in no event shall be the responsibility of IBOGO.

7. The transactions are bilateral between the Partner and Buyer, and between Partner/Buyer and PDP, therefore, IBOGO is not liable to charge or deposit any taxes applicable on such transactions.

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. You further acknowledge and undertake that you will use the website to order products only for your personal use and not for business purposes. We shall neither be liable nor responsible for any actions or inactions of Partners nor any breach of conditions, representations or warranties by the Partners or sellers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the Partners or sellers of the products.

We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products/services listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products/services sold through or displayed on the website vest with IBOGO nor shall IBOGO have any obligations or liabilities in respect of any transactions on the website.

RETURNS AND REFUNDS

a) If you are not satisfied with the product (including service), the Partner shall refund the amount or compensate you with any other product of the same value.

b) Partner will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping and handling, or other charges) or other amounts to be paid by Partner to Buyers in connection with the transactions.

c) All refunds and adjustment payments will be routed through the website.

d) In case any additional payment is made by the Buyers, the same shall be refunded immediately on request made by the Buyer

e) In case of pre-ordered food delivery, if the food is not delivered within the stipulated/ reasonable time, the amount shall be refunded

f) In case of pre-ordered food delivery, if the Buyer does not pick up the calls/ become unavailable/ does not show up, then the order stands cancelled and in that case there will be no refund.

INDEMNITY AND RELEASE

You shall indemnify and hold harmless Bubmart online stores LLP, its subsidiaries, affiliates and their respective officers, directors, agents and employees, 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 Bubmart online stores LLP and/or its affiliates and/or any of its officers and representatives 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.

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.

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.

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 Ernakulam, Kerala.

X. HOW TO CONTACT US

If you have any queries relating to the processing or usage of information provided by you in connection with this Privacy Policy, please email us at connect@ibogoapp.com or write to our Grievance Officer at the following address: