This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name ‘www.soukwagon.com’ (hereinafter referred to as "Website") is owned and operated by Primofonte Technologies Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at L5-03, Splendid Plaza, No – 63, 5th A Block, 100 ft road, Kormangala, Bangalore – 560095.
The Company offers this Website, including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
“Buyer” shall mean and include any legal person, entity, business place or users, or any designated employee of the business place/entity, who desire to purchase Products, listed by the Seller, using the Soukwagon Services.
“Order” shall mean an order placed by the user through the Soukwagon Services.
“Product(s)” shall mean and include fresh fruits & vegetables, grocery & staples, beverages, bread, dairy & egg products, branded foods, meat, personal care, etc, as listed by the Seller.
“User”, “You/you”, “Your/your” means any natural or legal person who browses, accesses or uses the Website and/or has agreed to become a buyer (or customer) or seller (or vendor) on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems;
“Use” or “Using” means to browse, access, view, copy, availing Services or other benefit from using the Website;
“Seller” shall mean the entity or person or User who is willing to list the Products on the Website.
“Soukwagon Service(s)” shall mean the platform (including Website) provided by us to you, wherein, the Products offered, sold and listed by the Seller, shall be purchased by you.
“Website” or “Site” means www.soukwagon.com through which the Soukwagon Services are provided to the user.
“We”, “Company”, “us” and “our” means Primofonte Technologies Private Limited and its affiliates, officers, employees, agents, partners and licensors.
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. As a minor if you wish to use or transact on Website, such use or transaction may be made by your legal guardian or parents on the Website. We reserve the right to terminate your membership and/or refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.
YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
AVAILING OF SERVICES
Subject to acceptance of the Terms, the Company allows you to avail all Soukwagon Services offered on Website. You reserve the right to select the type of Services, which you wish to avail, from the options as displayed on the Website. The Company reserves the right to prevent you from using the Website and the Service (or any part of them) and to prevent you from making any transaction on the Website.
The Company reserves the right to store, evaluate, analyze, verify, and authenticate the information and data provided by the User. You are required to fill your data accurately and precisely while filing the information for placing order for Products.
The Company reserves the right in its sole discretion to accept/refuse /reject registration or acceptance of Order placed using the Soukwagon Services or part thereof, without any obligation of explanation.
You can choose from the Products as listed on the Website. However, we do not give any guarantee that the Orders will be fulfilled or performed on the date chosen or provided by you, as each Seller will or might have its own calendar of events. In case the Products are not delivered on the specific date due to any unavoidable reasons including but not limited to Force Majeure Events, then you can choose to get the Products delivered on any next available delivery date.
We shall strive with all reasonable efforts to provide the Soukwagon Services. You can place the Order for the displayed Products at a price as shown or provided on Website. You need to place an order by making payment through available or provided payment modes. Prices listed on the Website are in Indian Rupees unless specified and are subject to change from time to time. The Company shall not be held liable for any delay in delivery of the Products due to any reason.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.
PLATFORM FOR TRANSACTION AND COMMUNICATION
The Website is a platform that Users utilize to meet and interact with one another for their transactions. Company is not and cannot be a party to or control in any manner any transaction between the Website's Users.
All commercial/contractual terms are offered by and agreed to between User and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Company does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the You and Sellers.
Company does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. Company does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Company is not responsible for any non-performance or breach of any contract entered into between You and Sellers. Company cannot and does not guarantee for the performance of any transaction concluded on the Website. Company shall not and is not required to mediate or resolve any dispute or disagreement between You and Sellers.
Company does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.
Company does not at any point of time during any transaction between You and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the Products or services offered by Seller to the users.
At no time shall Company hold any right, title or interest over the products listed, nor shall Company have any obligations or liabilities in respect of such contract entered into between You and Sellers.
The Website is only a platform that can be utilized by Users to reach a larger base to avail services of the Seller and Soukwagon Services. Company is only providing a platform for communication and it is agreed that the contract for purchasing or procuring any Products as listed using the Soukwagon Services (as listed on the Website) shall be a strictly bipartite contract between You and the Seller.
At no time shall Company hold any right, title or interest over the Products nor shall Company have any obligations or liabilities in respect of such contract.
You shall independently agree upon the manner and terms and conditions of booking, time, venue, delivery, payment, insurance etc. with the Seller(s) that You transact with.
Disclaimer: Pricing on any Products as is reflected on the Website may due to some technical issue, typographical error or product information published on the Website may be incorrectly reflected and in such an event, Company or the Seller reserves the right to cancel any such orders as requested and refund the amount (if any) received from the User.
You release and indemnify Company and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Company cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
Please note that there could be risks in dealing with underage persons or people acting under false pretence.
Products as listed using the Soukwagon Services on the Website by the Seller, shall be governed by any such terms & conditions (if any), specifically mentioned at the time of listing such Products.
USE OF SOUKWAGON SERVICE(S)
Your use of the Soukwagon Services and tools on the Website and any transactions made through the Website are governed by the policies applicable to the Soukwagon Services, listed on the platform. You agree not to, host, upload, publish, transmit, update or share any information through Soukwagon Services, which:
DATA SECURITY AND OWNERSHIP
You agree and undertake not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any product, service or feature, information, software obtained from the Website. It is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
All materials on this Website, including but not limited to images, software, text, icons and such like (the “Content”), are protected by copyright under the copyright laws. You cannot use the Content, except as specified herein. Any modification of the materials or use of the materials published on the Website for any other purpose, other than as prescribed, shall result in violation of Company's copyright and other proprietary rights by you and shall render you liable for civil, criminal or other legal proceedings. You agree to follow all instructions on this Website limiting the way you may use the Content.
There are a number of proprietary logos, service marks, brand names, trade names and trademarks found on this Website whether owned/used by us or Seller or otherwise. By displaying them on this Website, we or Seller are not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
Except as otherwise indicated on this Website and except for the logos, trademarks, service marks, brand names and trade names of other companies that are displayed on this Website, all trademarks, logos, brand name, copyright, service marks and trade name associated with our Company are the sole and exclusive property of the Company.
User understands and acknowledges:
We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly due to the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit.
You and Seller acknowledge that Company will not be liable for any damages, interests or claims etc. resulting from not processing an Order/Order Price or any delay in processing an Order/Order Price which is beyond control of the Company.
FOR OFFLINE PAYMENT TOWARDS THE ORDERS PLACED:
In the event, you choose to make the payment towards the Orders placed, through an offline medium, you acknowledge and agree that:
USAGE OF REWARD POINTS
The Reward points provided to the customers, are in accordance with the applicable laws. Each shall be equivalent to Rs. 1/- (rupees one only) or amount equivalent to any such decimal number. For Ex. Balance of point 1.45, shall be equivalent to Rs. 1.45/- (rupees one and forty-five paisa only)
Access or use of the Website may contain services such as email, short message service (“sms”), email, or any other such service, for the reporting purpose (hereinafter collectively referred to as "Communication Services"). You agree and undertake to use the Communication Services only to post, send and receive messages or emails, sms and material that are proper and related to Communication Service.
By way of example, and not as a limitation, you agree and undertake that when using a Communication Service or accessing or using this Website, you will not:
LINK TO THIRD PARTY
We may provide you links to third party services (“Third Party Services”). You agree to use the Soukwagon Services at your sole risk and that we shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. You understand that certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Third Party Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites.
THE COMPANY DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY THIRD PARTY SERVICES, THIRD PARTY MATERIALS OR WEB SITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD PARTIES.
You agree to indemnify, defend and hold Company, its parents, subsidiaries, affiliates, associates, successors, assigns and licensors, the Website or any of their respective officers, directors, employees, agents, vendors, licensors, representatives, advertisers, service providers, franchisers and Vendors harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), arising out of the Use of this Website or Services or resulting from any breach or violation of these Terms by you, or due to your activities related to the Website.
DISCLAIMER AND LIMITATIONS OF LIABILITY
THE SOUKWAGON SERVICES, ARE MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE SOUKWAGON SERVICES ARE PROVIDED ON BEST EFFORT BASIS, WITHOUT GIVING ANY WARRANTY RELATING TO ANY COMMITEMENT TO PERFORM SOUKWAGON SERVICES AT SPECIFIED TIME AND/OR ON SPECIFIED DATE. THE WEBSITE IS NOT HACK PROOF. THE WEBSITE AND THE DATA MAY GET PILFERED, DAMAGED, LOST, GARBLED OR BECOME USELESS.
Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions. You understand, acknowledge and agree that You are assuming the entire risk as to Your data, quality, accuracy, performance, adequacy, completeness, correctness, authenticity, safety, security and validity of any and all features and functions of the Application, including, without limitation.
In no event shall the Company its affiliates, officers, employees, agents, partners and licensors be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or monetary losses, arising out of or in any way connected with the use of the Website.
The request as placed by User shall be performed by the concerned representatives appointed as per the need and only after the payment of the applicable fee is made by the User. We do not have any relationship with representatives of the Sellers who facilitate the completion of the services requested. We are not an authorised agent of any Seller, Service Provider(s) or any such third party and we only provide the platform for listing of the Products by the Seller through our Website.
REPRESENTATION AND WARRANTY
The Company, its affiliates, officers, employees, agents, partners and licensors make no representations or warranty of any kind, express or implied, including but not limited to, that (i) the services of the Website will meet your requirements or set standard of expectations (ii) the services of the Website will be uninterrupted, timely, secure, accurate or error-free; (iii) the results that may be obtained or expect to be obtained from the use of such services will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the Service Provider or through the depiction(s) made by the service(s) advertiser(s) or partners will meet your expectations or requirements.
To the complete extent permissible by the applicable law, Company disclaims all warranties, express or implied, including, but not limited to the warranties of quality, services on fitness for a particular purpose.
The Website is not responsible for the quality, authenticity, correctness, accuracy or suitability of such information. The User shall take prior advice and complete precaution of checking validity, correctness of such information. The Website shall not be liable to the User or any third party for taking any decision on the basis of such information.
The Website will also post, display, publish or provide links of advertisements of advertisers on the Website at various places on the Website. The places of such Advertisements shall not be fixed. These advertisers might set cookies on Website which shall use your data, information for various other links. If you would like to know more information about this practice and to know your choices about not having this information used by any company, please refer to the relevant policy of such advertiser for more information.
We do not endorse or recommend or market or warranty the advertisements or advertisers or quality, suitability, merchantability, fitness, commitment, reasonability of the Product and/or services offered by such advertisers. We are not responsible for any of these advertisers as these will by third party advertisers. If you intend to deal with the advertisers, you shall directly deal with them at your entire risk and volition and Company shall not be made a party or forced party in any such conflicts.
Without limiting the foregoing, under no circumstances shall the Company, its affiliates, officers, employees, agents, partners and licensors be held liable for any damage or loss, penalty due to delay or deficiency in performance of the Website and Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication failures, major electricity failures, internet outage, downtime, floods, storms, accident, civil disturbances, riots, strikes, shortages of labor, fluctuations in heat, light, fire or air.
COMPLIANCE WITH LAWS
Users shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable respectively for using Payment Facility and our Website.
All notices addressing to the Company will be served by email or by general notification on the Website. Any notice provided to Company pursuant to the Terms should be sent to support services, email id of the at [email protected] or office address of the Company at L5-03, Splendid Plaza, No – 63, 5th A Block, 100 ft road, Kormangala, Bangalore – 560095.
IF YOU DO NOT ACCEPT AND ABIDE BY THIS TERMS, YOU MUST NOT USE THE WEBSITE.