Terms & Conditions
PLEASE READ THE FOLLOWING VERY CAREFULLY AS YOUR USE OF SERVICE IS SUBJECT TO YOUR ACCEPTANCE OF AND COMPLIANCE WITH THE FOLLOWING TERMS AND CONDITIONS (‘TERMS’).
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms & Conditions, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services. In these Terms, references to ‘you’, the ‘User’ shall mean the End User accessing the Website, its contents and using the services offered through the Website. ‘Service Providers’ means independent third-party service providers, and ‘we’, ‘us’ and ‘our’ shall mean IdlyGo, its affiliates and partners.
Introduction
www.idlygo.com website (‘Website’) is an Internet-based content and eCommerce portal operated by Mast Meals Pvt Ltd. Your use of website www.idlygo.com (hereinafter referred to as ‘IdlyGo’) and its services and tools are governed by the following terms and conditions as applicable to IdlyGo. If you transact on IdlyGo, you shall be subject to the policies that are applicable to the website for such transaction. By mere use of the website you shall be contracting with Mast Meals Pvt Ltd with its registered office at 157/C Lenin Sarani, Deluxe Centre, 4th Floor, Kolkata 700013 and these terms and conditions constitute your binding obligation. All products/services and information displayed on IdlyGo constitute an ‘invitation to offer’. Your order for purchase constitutes your ‘offer’ which shall be subject to the terms and conditions as listed below. IdlyGo reserves the right to accept or reject your offer. If you have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm the details in order to process your order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission IdlyGo prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer.
Membership Eligibility
Use of the Website is available only to persons who can form legally binding contracts under applicable law. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc, are not eligible to use the Website. In case of a business entity you represent, you must prove that you have the necessary authority to bind the entity to this User Agreement. Unless otherwise specified, the materials on this website are directed solely at those who access this website from India. IdlyGo makes no representation that any products or services referred to in the materials on this website are appropriate for use, or available outside India. Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. IdlyGo will deliver only within India and will not be liable for any claims relating to products ordered from outside India.
Unless otherwise stated as additional terms and conditions which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of IdlyGo, you agree to be bound by these Terms.
Modifications
IdlyGo reserves the right at all times to discontinue or modify the Terms and/or our Privacy Policy as we deem necessary or desirable without any prior notification. Such changes may include, among other things, the adding of certain fees and charges. Any such modifications would be effective immediately. We suggest that you read our Terms and Conditions and Privacy Policy from time to time to stay informed. Any use of the Website after such modifications will be deemed to constitute acceptance of the modified Terms by the End User.
Account and Registration Obligations
It is the User’s responsibility to keep the details of their account and password confidential and you agree to accept responsibility for all activities that occur under Your Account or Password. IdlyGo shall not be liable to any person for any loss or damage which may arise as a result of any failure by the user to protect the account details or the password. In case of a suspected breach, please contact us immediately. If www.idlygo.com has reason to believe that there is likely to be a breach of security or misuse of the IdlyGo Website, we may require you to change your Password or we may suspend your account without any liability to IdlyGo.
You also agree to:
- Provide true, accurate, current and complete information about yourself as prompted by the IdlyGo Website during the registration process (such information being ‘Registration Data’).
- Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if IdlyGo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, www.idlygo.com will have the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Website.
Pricing Information
While IdlyGo shall endeavour to provide accurate product and pricing information, typographical errors might occur. IdlyGo cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, IdlyGo shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mispriced, IdlyGo may, at its sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and IdlyGo will have the right to modify the price of the product and contact you for further instructions using the email address provided by you during the registration process, or cancel the order and notify you of such cancellation. In the event that www.idlygo.com accepts your order, the same shall be debited to your credit card and you shall be duly notified that the payment has been processed via email. The payment may be processed prior to IdlyGo dispatches the product that you have ordered. If we have to cancel the order after we have processed the payment, the debited amount will be credited back to your credit card.
Cancellations by the Customer
In case we receive a cancellation notice and the order has not been shipped yet, we shall cancel the order and refund the entire amount. The orders that have already been shipped by us will not be cancelled and you will have to check our Return Policy for such orders.
Cancellation by IdlyGo
Under certain circumstances it might not be possible for us to accept an order and we may be compelled to cancel the same. We reserve the right to refuse or cancel any order for any reason at our sole discretion. Some situations that may result in your order being cancelled include limited stocks, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also ask for additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to process your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back to your credit card account. The customer agrees not to dispute the decision made by IdlyGo and accept www.idlygo.com’s decision regarding the cancellation.
Credit Card Details
You hereby agree, understand and confirm that the credit card details provided by you for availing services on IdlyGo are correct, accurate and current. In no case shall you use a credit card that is not lawfully owned by you. Your credit card information will not be shared by IdlyGo with any third parties unless required for fraud verification or by law, regulation or court order. IdlyGo shall not be liable for any credit card fraud. The liability for use of a credit card fraudulently will be on you and the onus to ‘prove it otherwise’ shall be exclusively on you.
Fraudulent/Declined Transactions
In case of fraudulent use of the Website, www.idlygo.com reserves the right to recover the cost of goods, collection charges and lawyers’ fees from the person(s) concerned. IdlyGo reserves the right to initiate legal proceedings against such person(s) for fraudulent use of the Website and any other unlawful acts, or acts, or omissions in breach of these terms and conditions.
Electronic Communications
When you visit the Website or send emails to us, you are communicating with us electronically. You hereby provide your consent to receive communications from us electronically. We will communicate with you via email or by posting notices on the Website. You hereby agree that all notices, agreements and other communications that we provide to you electronically satisfy any legal requirement of such communications being in writing.
Exactness Not Guaranteed
IdlyGo hereby disclaims any guarantees of exactness as to the finish and appearance of the final product as ordered by the User. The quality of any products, services, information, or other material purchased or obtained by you through the Website may or may not meet your expectations. Alterations to certain aspects of your order, such as the packaging, colour etc, may be required due to limited availability of the product. In this instance you agree that IdlyGo will send an approval request to the email address submitted by you when placing the order. If you do not agree with the requested change, you retain the right to reject the requested change by replying within 10 days of the email being sent to you. IdlyGo may re-request that you accept a product alteration if an alternative method to send your merchandise is available. If you reject this second request, your order shall be cancelled. You will have to check our Return Policy for such cancellations.
User Conduct
You Agree and Confirm
- You shall not host, display, upload, modify, publish, transmit, update or share any information: (a) belongs to another person and to which You do not have any right to; (b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; (c) misleading in any way; (d) patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; (e) harasses or advocates harassment of another person; (f) involves the transmission of ‘junk mail,’ ‘chain letters,’ or unsolicited mass mailing or ‘spamming’; (g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; (h) infringes upon or violates any third party's rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorised disclosure of a person’s name, email address, physical address or phone number) or rights of publicity]; (i) promotes an illegal or unauthorised copy of another person’s copyrighted work (see ‘Copyright Complaint’ below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); (l) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; (m) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (n) contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian); (o) tries to gain unauthorised access or exceeds the scope of authorised access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Website or to profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Websites or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; (p) engages in commercial activities and/or sales without IdlyGo’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of ‘virtual’ items related to the Website (throughout these Terms, IdlyGo’s ‘prior written consent’ means a communication from IdlyGo’s Legal Department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorisation; (q) solicit gambling or engage in any gambling activity, which IdlyGo, in its sole discretion, believes is or could be construed as being illegal; (r) interferes with another User’s use and enjoyment of the IdlyGo Website or any other individual’s use and enjoyment of similar services; (s) refers to any website or URL that, in the sole discretion of IdlyGo, contains material that is inappropriate for the IdlyGo Website or any other website, contains content that is prohibited or violates the letter or spirit of these Terms; (t) harms minors in any way; (u) infringes any patent, trademark, copyright or other proprietary rights or any third party’s trade secrets or rights of publicity, or privacy, or is fraudulent, or involves the sale of counterfeit or stolen items; (v) violates any law that is currently applicable; (w) deceives or misleads the addressee/User about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (x) impersonates another person; (y) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horse, worm, time bomb, cancelbot, Easter egg or other computer programming routine that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information; (z) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; (aa) shall not be false, inaccurate or misleading; (ab) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; (ac) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
- You shall not use any deep-link, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. IdlyGo reserves the right to bar any such activity.
- You shall not attempt to gain unauthorised access to any portion or feature of the IdlyGo website, or any other systems or networks connected to the IdlyGo Website or to any of IdlyGo’s servers, computers, networks, or to any of the services offered on or through the IdlyGo Website, by hacking, password mining or any other illegal means.
- You shall not probe, scan or test the vulnerability of the IdlyGo Website or any network connected to the IdlyGo Website nor breach the security or authentication measures on the IdlyGo Website or any network connected to the IdlyGo Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to the IdlyGo Website, or any other customer of IdlyGo, including any IdlyGo account not owned by you, to its source, or exploit the IdlyGo Website or any service or information made available or offered by or through the IdlyGo Website, in any way where the purpose is to reveal any information, including but not limited to, personal identification or information, other than your own information, as provided to the IdlyGo Website.
- You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the IdlyGo Website or IdlyGo’s systems or networks, or any systems or networks connected to the IdlyGo Website.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmission sent by you to IdlyGo on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
- You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity that infringes the rights of IdlyGo or others.
- Solely to enable IdlyGo to use the information you supply us with, so that we are not violating any rights you might have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in Your Information, in any media now known or not currently known, with respect to Your Information. IdlyGo will only use Your Information in accordance with the Terms and IdlyGo’s Privacy Policy.
- You shall not engage in advertising to, or solicitation of, other Users of IdlyGo to buy or sell any products or services, including, but not limited to, products or services related being displayed on IdlyGo or related to IdlyGo. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via IdlyGo. It shall be a violation of these Terms to use any information obtained from IdlyGo in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of IdlyGo without IdlyGo’s prior explicit consent. In order to protect our users from such advertising or solicitation, IdlyGo reserves the right to restrict the number of messages or emails that a User may send to other Users in any 24-hour period, which IdlyGo deems appropriate in its sole discretion.
- You understand that IdlyGo has the right at all times to disclose any information (including the identity of the persons providing information or materials on the IdlyGo Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorise us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
- IdlyGo reserves the right, but has no obligation, to monitor the materials posted on the IdlyGo website. IdlyGo shall have the right to remove or edit any content, in its sole discretion, that violates, or is alleged to violate, any applicable law, either in the the spirit or letter, as relating to these Terms. Notwithstanding this right of IdlyGo, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE IDLYGO WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such content posted does not necessarily reflect the views of IdlyGo. In no event shall IdlyGo assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on IdlyGo. You hereby represent and warrant that you have all necessary rights to all content you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through IdlyGo, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. IdlyGo 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 advertisers on IdlyGo.
- It is possible that other users (including unauthorised users or hackers) may post or transmit offensive or obscene materials on IdlyGo and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of IdlyGo, and that the recipient may use such information to harass or injure you. IdlyGo does not approve of such unauthorised uses but by using the IdlyGo Website you acknowledge and agree that IdlyGo is not responsible for the use of any personal information that you publicly disclose or share with others on IdlyGo. Please carefully select the type of information that you publicly disclose or share with others on IdlyGo.
- WWW.IDLYGO.COM shall have all the rights to take necessary action and claim damages that may occur due to your involvement or participation in any way on your own or through group(s) of people, intentionally or unintentionally, in DoS/DDoS (Distributed Denial of Services).
Modification of Terms
IdlyGo reserves the right to make changes to our Terms and/or Privacy Policy (which is incorporated herein by reference), at our sole discretion, and you may not be notified. We suggest that you re-read this important notice containing our Terms and Privacy Policy from time to time in order to stay informed of any such changes. You have accepted the Agreement as amended if you continue to use any of www.idlygo.com’s services after any amendments have been posted on our Website.
Reviews, Feedback, Submissions
The End User acknowledges that all discussions for ratings, comments, bulletin board services, chat rooms and/or other messages or communication facilities (collectively ‘Communities’) are public and not private communications. www.idlygo.com does not control or endorse the content, messages or information found in any Community, and therefore, IdlyGo specifically disclaims any liability concerning the Communities and any actions resulting from End Users’ participation in any Community, including any objectionable content. Generally, any communication which the End User posts to IdlyGo (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by IdlyGo as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Website, the End User grants IdlyGo the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose.
Copyright & Trademark
Everything located on or in this Website, including the Microsites, is the exclusive property of www.idlygo.com and can be used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS WEBSITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF IDLYGO IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject the End User to civil and/or criminal penalties.
This Website and Microsites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, images, video, graphics, music and sound. The entire content of www.idlygo.com is protected by copyright. IdlyGo owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. The End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. The End User may download/print/save copyrighted material for the End User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of www.idlygo.com and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The End User acknowledges that they do not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Website or any other website, otherwise owned or operated in conjunction with www.idlygo.com, shall not be deemed to be in the public domain but rather the exclusive property of www.idlygo.com, unless such website is under licence from the trademark owner thereof, in which case, such licence is for the exclusive benefit and use of www.idlygo.com, unless otherwise stated.
The End User shall not upload, post or otherwise make available on this Website any material protected by copyright, trademark or other proprietary right, without the express permission of the owner of the copyright, trademark or other proprietary right. www.idlygo.com does not have any express burden or responsibility to provide the End User with indications, markings or anything else that may aid the End User in determining whether the material in question is copyrighted or trademarked. The End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Website, the End User warrants that the owner of such material has expressly granted IdlyGo the royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. The End User also agrees to permit any other End User to access, view, store or reproduce the material for that End User’s personal use. The End User hereby grants IdlyGo the right to edit, copy, publish and distribute any material made available on this Website by the End User. IdlyGo hereby reserves the right to terminate its agreement with any End User who repeatedly infringes copyright rights, upon notification to IdlyGo by the copyright owner.
The foregoing provisions of this clause apply equally to and are for the benefit of IdlyGo, its subsidiaries, affiliates and third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Indemnity
You agree to defend, indemnify and hold harmless www.idlygo.com, its employees, directors, officers, agents and their successors and assigns, from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to IdlyGo or any third-party, including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws or regulations, including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other Users and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
Termination
IdlyGo may terminate this User Agreement at any time. Without limiting the foregoing, IdlyGo shall have the right to terminate any passwords or accounts of the End User in the event of any conduct by End User which IdlyGo, in its sole discretion, considers to be unacceptable, or in the event of any breach of this User Agreement by the End User. www.idlygo.com’s right to any comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.
Limitation of Liability and Disclaimers
The Website is provided without any warranties or guarantees and in an ‘as is’ condition. You must bear the risks associated with the use of the Website.
The Website provides content from other Internet sites or resources and while IdlyGo tries to ensure that material included on the Website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. www.idlygo.com will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website.
This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement. To the fullest extent permitted under applicable law, www.idlygo.com shall not be liable for any indirect, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this User Agreement.
Without prejudice to the generality of the section above, the total liability of www.idlygo.com to the User for all liabilities arising out of this User Agreement, be it in tort or contract, is limited to the value of the product ordered by you. IdlyGo, its associates and technology partners, make no representations or warranties about the accuracy, reliability, completeness, currency and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, IdlyGo assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website, and/or any interruption or errors in the operation of the Website.
Website Security
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging onto a server or into an account that you are not authorised to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach the security or authentication measures without proper authorisation; (c) attempting to interfere with service to any other User, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, flooding, spamming, mail bombing or crashing; (d) sending unsolicited emails, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. IdlyGo will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from IdlyGo on this Website and other than generally available third-party web browsers (eg Google Chrome, Microsoft Explorer).
MISCELLANEOUS
- Force Majeure: Without prejudice to any other provision herein, www.idlygo.com shall not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond www.idlygo.com’s control, including, without limitation, acts of the End User, embargoes or other governmental acts, regulations or requests affecting the conduct of www.idlygo.com’s business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labour difficulties, lightning, flood, windstorm or other acts of God.
- Entire Agreement: This Agreement as well as any operating rules for the IdlyGo Website, constitute the entire agreement of the parties with respect to the subject matter hereof.
- Waiver: No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
- Headings: The section headings used herein are for convenience only and shall be of no legal force or effect.
- Severability: If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect.
- Governing Law: This Agreement will be governed by the laws of India, subject to the jurisdiction of the Kolkata High Court, without reference to conflict of law principles, if any.
- Payment Decline: We as a merchant shall be under no liability whatsoever, with respect to loss or damage arising directly or indirectly from decline of authorisation for any transaction, due to the User having exceeded the pre-set limit mutually agreed by us with our acquiring bank from time to time.
OVERVIEW
This website is operated by IdlyGo. Throughout the Website, the terms ‘we’, ‘us’ and ‘our’ refer to IdlyGo. IdlyGo offers this Website, including all information, tools and services available from it to you, the User, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Website and/or purchasing something from us, you engage in our service and agree to be bound by the following Terms & Conditions (‘Terms of service’, ‘Terms’), including those additional terms and conditions and policies referenced herein and/or available via hyperlink. These Terms apply to all Users of the Website, including without limitation, Users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms carefully before accessing or using our Website. By accessing or using any part of our Website, you agree to be bound by these Terms. If you do not agree to all Terms of this User Agreement, you may not access the Website or use its services. If these Terms are considered an offer, acceptance is expressly limited to the conditions mentioned herein.
Any new features or tools that are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1: ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state/province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website. You may not use our products for any illegal or unauthorised purposes nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your services.
SECTION 2: GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. 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 our prior express written permission. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3: ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website 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.
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided only for your reference. 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 to our Website.
SECTION 4: MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.SECTION 5: PRODUCTS OR SERVICES (IF APPLICABLE)
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 according to our Return Policy. We have made every effort to display as accurately as possible the colours and images of the products that appear at the store. We cannot guarantee that your computer monitor’s display will display any of the colours accurately. 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 our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited. We do not warrant that the quality of any product, service, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
SECTION 6: ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household 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 email and/or billing address/phone number provided at the time of placing the order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our store. 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.
For more details, please review our Return Policy.
SECTION 7: OPTIONAL TOOLS
We may provide you with access to third-party tools, which we neither monitor nor have any control over nor input in. 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 Website 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 concerned 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.
SECTION 8: THIRD-PARTY LINKS
Certain content, products and services available from us may include materials from third-parties. Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9: USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium, any comments that you forward to us. We are and shall be under no obligation (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10: PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
Click here for our Privacy Policy.
SECTION 11: ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.
SECTION 12: PROHIBITED USES
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Website or its content (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website/other websites, or the Internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
SECTION 13: DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that, from time to time, we may remove the service for indefinite periods of time or cancel the service at any time, without notifying you. You expressly agree that your use of, or inability to use, the service is at your sole risk. All products and services delivered to you are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any sort, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall IdlyGo, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from the User’s use of any of the services or products, or for any other claim related in any way to your use of any service or product, including, but not limited to, any errors or omissions in content, any loss or damage of any sort, incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14: INDEMNIFICATION
You agree to indemnify, defend and hold harmless IdlyGo and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15: SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16: TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this User Agreement for all purposes. These Terms are effective unless and until terminated by either the User or IdlyGo. You may terminate these Terms at any time by notifying us that you no longer wish to use our services, or when you cease using our Website.If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any of the provisions of these Terms, we also may terminate this User Agreement at any time without notice, while the User will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).
SECTION 17: ENTIRE AGREEMENT
Our failure to exercise or enforce any of the provisions of these Terms shall not constitute a waiver of such rights or provisions. These Terms and any policies or operating rules posted by us on this Website, constitute the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 18: GOVERNING LAW
These Terms and any separate agreements whereby we provide you services, shall be governed by and construed in accordance with the laws of India.
SECTION 19: CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or its service following the posting of any changes to these Terms, constitutes your acceptance of those changes.
SECTION 20: CONTACT INFORMATION
Questions about the Terms should be sent to support@idlygo.com.