TERMS AND CONDITIONS

This Agreement was last revised on March 14^th, 2022.

This document is an electronic record in terms of Information Technology Act, 2000 (“IT Act, 2000”), the applicable rules thereunder and the 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.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, privacy policy and Terms of Use for access to or usage of vokitoki.com website , Vokitoki Mobile Application or Vokitoki APIs.

 

 

INTRODUCTION

Thank you for choosing Vokitoki, our chat, e-commerce, and service marketplace mobile application. Your access and use of our website (www.vokitoki.com, www.vokitoki.in, www.vokitoki.app), and the Vokitoki mobile application on Android and iOS platforms are governed by these terms and conditions (“Terms”). By using our website and/or mobile application, you accept and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website and/or mobile application.

DEFINITIONS

“Agreement” refers to the Terms and Conditions, Privacy Policy, and other related documents provided by the Website and Mobile Application.

“Service” or “Services” refer to the services offered through the website as defined below.

“User,” “You,” and “Your” refer to the person who accesses the Website and Mobile Application to avail any of its services.

“We,” “Us,” “Our,” and “Company” refer to Vokitoki Technology Solutions Private Limited.

“Website” or “Platform” includes “www.vokitoki.com,” “www.vokitoki.in,” “www.vokitoki.app,” mobile applications “Vokitoki,” and any successor Website/app of the Company or any of its affiliates.

“User Account” refers to an electronic account opened for availing the services offered on the Website and Mobile Application.

INTERPRETATION

• The singular and plural forms of words are interchangeable, and the term “includes” should be interpreted as “including but not limited to.”
• Words that refer to a particular gender include all other genders as well.
• References to any legislation, ordinance, or law encompass all regulations and other legal instruments, as well as all consolidations, amendments, re-enactments, or replacements that are currently in effect.
• All headings, bold text, and italics (if used) are for ease of reference only and do not define, limit, or affect the meaning or interpretation of the terms of this Agreement.

1. INTRODUCTION AND SCOPE

1.1 Scope. These Terms apply to your usage of the Services, Website, and Mobile Application. Third-party products or services are not subject to these Terms and are governed by their own terms of service.

1.2 Eligibility: Certain Services of the Website and Mobile Application are not accessible to users under the age of 18 or any users who have been suspended or removed from the system by us for any reason.

1.3 Electronic Communication: When you use this Website/Mobile Application or transmit e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By transmitting, you accept to receive reply communications from us electronically in the same format, and you may retain copies of these communications for your records.

Please note that we may offer services such as chat, audio-video calls, and end-to-end encryption, but these services may be discontinued at any time based on government regulations in India.

2. SERVICES

Vokitoki is a mobile application platform that offers Social messaging, Hyperlocal eCommerce, and Marketplace for Local Services – and much more.

At Vokitoki, we understand the need for a local marketplace that provides easy access to products and services within your community. Our platform allows you to create and view your community’s marketplace, with all shops, products, and services conveniently displayed on a map. Additionally, our app offers an easy-to-use feature called Address Tag, which allows people to share their location and address tag with others.

But Vokitoki is not just a marketplace. Our platform also includes social messaging, allowing you to easily connect and communicate with others in your community. And with our Hyperlocal eCommerce feature, you can shop for products and services from nearby businesses with ease.

3. MODIFICATIONS TO THE SERVICE

We may, at our discretion, modify, add to, or remove portions of the Terms (collectively referred to as “Changes”) at any time. We reserve the right to notify you of any changes by sending an email to the address associated with your account or by publishing a revised version of the Terms on our Website and Mobile Application. Your continued use of the Site after the changes have been posted will indicate that you accept and agree to the Changes.

4. REGISTRATION

While it is possible to access the Website/Mobile Application without providing any personal information, certain Resources may require you to create a user ID and password. To set up an account, you must fulfill the following requirements: (a) You must be at least 18 years old (or the age of majority in your country of residence); (b) You must provide truthful and precise information; (c) You must keep your account information current and up-to-date; and (d) You must not have been previously suspended or expelled from our Services, or have participated in any behavior that may lead to suspension or expulsion.

By creating an account, you acknowledge that the information you provide is accurate and that you will keep it up to date. You are solely responsible for the security of all account information, including usernames, passwords, and registration details. In case of any unauthorized activity or security breaches related to your account, you must inform us immediately. We reserve the right to suspend or terminate your account, including usernames and passwords, with or without notice at our discretion.

5. USER CONTENT

A. Content Responsibility.
You are solely responsible for any content you submit, including feedback, to the website or mobile application. You represent and warrant that you have obtained all necessary permissions and licenses to use the content. When submitting content, please do not submit any material that:

• Ill-mannered, profane, abusive, racist, or hateful language or expressions, text, photographs, or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature.
• Defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration, or unsubstantiated claims.
• Violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community.
• Discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation, or disability, or refers to such matters in any manner prohibited by law.
• Violates or inappropriately encourages the violation of any municipal, state, federal, or international law, rule, regulation, or ordinance.
• Sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects.

We may decline to accept any content that violates the guidelines mentioned above. In case of recurring violations, we hold the right to revoke user access to the website and mobile application without prior notice.

6. ABOUT OUR SERVICE

We are a technology company providing Services through our platform. Our platform enables the listing of products and services by users, and as a technology provider, we grant access to platforms and offer other value-added services to support the seller’s business’s growth and expansion.

It is important to note that we do not endorse you, your business, or the products/services offered on the Seller Dashboard in any way.

Linking of our Platform:
(i) When you link to our Platform from any other platform, you should avoid doing so in a way that:

• implies or suggests that we endorse, approve, or are associated with any individual, product, service, or the like, unless we have granted our explicit consent;
• is illegal; or
• could damage our reputation or goodwill, whether intentionally or unintentionally.

(ii) We retain the right to withdraw permission to link, and you must stop such linking immediately upon our request. If you want to link to or utilize any content on our Platform beyond what is outlined above, please contact us at legal@vokitoki.in

Use of the Website and Mobile Application
You agree to abide by all applicable laws and regulations and refrain from engaging in illegal or unauthorized activities while using the Website and Mobile Application. Furthermore, you acknowledge that using the Website and Mobile Application to harass, abuse, stalk, threaten, defame, or infringe upon the rights of any individual or entity is strictly prohibited.
In order to use our Services, you are required to provide certain devices, software, and data connections that we do not provide. You also agree to install updates to our Services either manually or automatically. All carrier data plans, internet fees, and other related fees and taxes associated with your use of our Services are solely your responsibility.
Data Collection and Usage
When utilizing the Website and Mobile Application, the Company may gather specific data from you, including your user behaviors, purchasing and searching trends, and shared content. The purpose of collecting this data is to enhance the functionality of the app, offer better recommendations, and suggest suitable options for you. To achieve these objectives, the Company may employ third-party services to gather and analyze data. Your personal information will not be sold or leased to third parties for marketing purposes without your consent. Nonetheless, the Company may reveal your data if required by law or if the Company believes in good faith that such disclosure is necessary to comply with the law or a court order, or to safeguard the rights or assets of the Company, its users, or others.
Your use of the Website and Mobile Application signifies your acceptance of the terms of data collection and usage as outlined in this agreement. If you do not agree with these terms, you must cease using the Website and Mobile Application.
It should be noted that this limitation of liability is applicable in all forms of action, including contract, tort, strict liability, or otherwise, and regardless of whether the Company has been made aware of the possibility of such damages.

7. SCAMMING, SPAMMING, OR MISLEADING USERS

We aim to maintain a clean and reliable platform that benefits both our customers and sellers, and we put in a lot of effort to achieve this. As such, we have a zero-tolerance policy for any illegal activities, scams, spam, or attempts to deceive other users in order to gain an unfair advantage, obtain free work, or solicit others to perform illegal actions. We closely monitor various aspects of the platform, and as soon as we detect any suspicious behavior, we suspend such accounts and contact the owner. If we are absolutely certain that a user has engaged in illegal activity, we will terminate the account immediately.

8. PROHIBITIONS

For the safety of all parties involved, the following types of products cannot be posted for sale, bought or resold through our service:
• Any product that is related to illegal activities or is prohibited by law in the origin, destination, or any intermediary locations through which the product may travel.
• Any product that requires a specific license to store or distribute, or any illegal/banned items, narcotic drugs/psychotropic substances like drugs, cannabis, ganja, cigarettes or any kind of tobacco products, banned pan, gutka. Examples of such products include but are not limited to:

• Live plants and animals;
• Ammunition & firearms;
• Tobacco;
• Firearms and any kind of weapon;
• Prescription pharmaceuticals or other dangerous drugs;
• Explosive or hazardous products;
• Counterfeit items;
• Unique or one-of-a-kind materials; and
• Precious metals in the form of bullion or reserves.

We will not take responsibility for any harm caused to the prohibited products. To uphold the credibility of our Services and image, we will notify relevant law enforcement agencies and shipping partners about any activities associated with transporting banned items.
Other Prohibition
The following activities are strictly prohibited on the Website and Mobile Application:

• Encouraging or facilitating prostitution, soliciting sexual favors, or promoting the sale or trade of human organs or tissues
• Posting any content related to sexual favors, prostitution, or organ trading, as well as any misleading, false, or deceptive information
• Violating any applicable laws or regulations, infringing upon intellectual property rights, or sharing offensive, discriminatory, or defamatory content
• Posting nudity, sexually explicit content, or content unsuitable for minors, as well as any viruses or other harmful components
• Promoting any illegal activities, such as the sale of drugs, alcohol, or other prohibited items

Users must also refrain from engaging in any conduct on the Website and Mobile Application that includes:

• Abusing, threatening, or harassing any other individual
• Impersonating or misrepresenting affiliation with any person or entity
• Intimidating or interfering with any other user’s use of the Website and Mobile Application
• Posting false, misleading, or deceptive information
• Posting offensive, defamatory, or discriminatory content, as well as any content that includes nudity, sexually explicit material, or any material not suitable for minors
• Posting viruses or other harmful components, as well as promoting illegal activities such as the sale of drugs, alcohol, or other prohibited items.

Additionally, users are not allowed to copy any aspect of the Website and Mobile Application, including its user interface, functionality, and design elements, without obtaining explicit permission from the Company. Any attempt to do so is considered a violation of this agreement and may result in legal action being taken against the user.
Users are strictly prohibited from engaging in any activity that demeans the app or the Company on any other social platform, such as Twitter, Facebook, Instagram, or any other social media platform. Any attempt to do so may result in the termination of the user’s account and/or shop, and the Company reserves the right to take legal action against any person or entity that engages in such activity. This limitation of liability applies regardless of the form of action, whether in contract, tort, strict liability, or otherwise, and whether or not the Company has been advised of the possibility of such damages.

10. PAYMENT

• Our terms and conditions shall govern all purchases of products or services available on our website.
• You must ensure that the details you provide are accurate and true while placing your order.
• Payment can be made online using credit cards and debit cards, NEFT, IMPS, UPI or any other means provided by Authorized Payment Gateways.
• We may request additional information related to your transaction, such as your credit card number, expiration date, and billing and notification addresses, which we will use to complete your transaction and charge your payment method, including any applicable taxes or charges. We will not be storing your billing information like credit card or bank account details in our database. Payment Gateway which is authorized to collect this information and use for transaction will be handling the billing information. By using the payment methods available through the platform, you confirm that you have the legal right to do so. We strive to provide users with a variety of payment options through our payment gateways.
• We reserve the right to refuse or accept any product order that you place with us. If there is an error in the order confirmation, please contact us immediately at legal@vokitoki.in
• We may decline to process your order if your card does not authorize payment or if you do not meet our eligibility criteria for ordering.
• Our refund policy governs any refund requests.
• Our back-office team is available to assist you with any inquiries or problems.
• We value customer feedback and use it to improve our products and services continually.

11. DELIVERY OBLIGATIONS

The Seller shall be solely responsible for all obligations related to the delivery of goods and services, payment acknowledgment, and other related services, and Company shall not be liable for any of these.
In case of any disputes related to quality, merchantability, non-delivery, delay in delivery, or any other issue, it will be directly between you and the Seller, without involving us or the Payment System Providers. We do not endorse or guarantee the existence, legitimacy, ability, policies, practices, beliefs, goods, or services of Sellers who use our Services.
We are not responsible for any issues related to the Seller’s reliability, and they will be solely responsible to you. Our relationship with the Sellers is on a principal-to-principal basis, and we have no interest or connection to their business, revenue, or goods/services. Our only role is to provide payment gateway and collection services to the Seller/Buyer as an intermediary, and the Seller pays us fees as posted on our website. We are not responsible for monitoring the use of payment mechanisms by you for purchasing goods and services from the Seller or paying bills to the Billers. You are using the payment mechanisms at your sole discretion and risk.

12. UNDERWRITING

To avail of our Services, you may need to go through certain underwriting processes, which may require you to provide us with certain documents and information (“Underwriting Documents”) to determine your eligibility. This process may include uploading Underwriting Documents requested by us or our Payment Partner.

By providing these documents, you authorize us and any third-party service provider we may engage to process the Underwriting Documents to verify your eligibility for our Marketplace Services. Any processing of your information will be in accordance with our Privacy Policy. However, if a third-party processes your information under this clause, such processing may be subject to additional terms of service.

During the Term, we may request Additional Information from you, such as data, documents, or other relevant information that may be necessary to determine your eligibility to use our Services or for the continued use of such Services. You agree to promptly provide such Additional Information upon request and authorize us to process it. It is important to note that all Underwriting Documents and Additional Information provided must be true, complete, and up-to-date.

If we determine that the information provided by you is unreliable, fraudulent, or incomplete, we reserve the right to refuse to provide you with the Services, including the Marketplace Services. In the event that we discover any deficiencies in the information provided by you at a later date, we may suspend your Account, and the Payment Partner may settle all pending Transaction Amounts, return such amounts to the Customers, or hold them for further investigation.

13. GENERAL CONDITIONS

If you want to transfer your user account or shop on the Website and Mobile Application, you must first obtain explicit approval from the Company. You can request this by contacting the Company and getting written consent. The Company reserves the right to charge a fee for transferring user accounts or shops, and will determine the amount at their discretion, which will be communicated to you in advance.

Any unauthorized attempts to transfer user accounts or shops will be considered a violation of the agreement and may result in the termination of your account and/or shop. Please note that this limitation of liability applies regardless of the form of action, whether in contract, tort, strict liability, or otherwise, and whether or not the Company has been advised of the possibility of such damages.

14. OBLIGATIONS AND RESPONSIBILITIES

• Prior to advertising the Product(s) on the Platform, the Seller is responsible for verifying the availability of the Products for fulfilling customer orders.
• The Company will transfer funds to the Seller’s account either weekly or according to a specific schedule.

15. LICENSE TO MAKE USE OF INTELLECTUAL PROPERTY.

• During the Term of this agreement, the Seller grants a royalty-free, irrevocable license to the COMPANY to use its Intellectual Property in providing the Services as described in this agreement
• If the Seller sources Products from any Supplier, the Seller is responsible for obtaining all necessary licenses and consents for the use of the Supplier’s Intellectual Property in connection with the Product. This must be done before the Products are displayed or advertised on the Platform for sale or promotion.
• The term “Intellectual Property” includes logos, trade names, brand names, trademarks, copyrights, and any other intellectual property rights that are relevant to the advertisement and sale of the Products.

16. LIMITED GUARANTEE

By this Website/ Mobile Application:

• Our Website/ Mobile Application offers a platform for you to access and use our marketplace services.
• Please note that we do not warrant or guarantee the accuracy, completeness, reliability, currency, or error-free nature of the service descriptions provided on the Website/ Mobile Application. If you find that a service does not match its description, please let us know and we will take appropriate action.

17. GEOGRAPHIC RESTRICTION

We may, at our discretion, limit the availability of any service to individuals, geographic areas, or jurisdictions, without any obligation to do so. We reserve the right to suspend or discontinue any service at any time. Any service offer made through the Website/ Mobile Application is void where prohibited by law.

18. USER RESPONSIBILITIES

• When using the Website or Mobile Application, you must comply with all applicable laws and use them for lawful purposes.
• You must not use the Website or Mobile Application for market research purposes for competing businesses, nor impersonate any person or entity for illegal or false purposes.
• You must not use any device or automated means to access the Website or Mobile Application without permission.
• If you find any inappropriate or illegal content, please notify us.
• You must not interfere with the proper functioning of the Website or Mobile Application or try to gain access to unauthorized data or passwords.
• You must not interfere with advertisements or safety features of the Website or Mobile Application.
• Automated usage of the platform, including placing orders, making payments, and posting messages or items, is strictly prohibited. All activities must be manually performed while using our mobile app or website.
• If you discover any infringing content, please notify us, and we’ll investigate it.
• You agree to comply with all applicable laws regarding the use of our Website or Mobile Application.
• We may investigate any reported violation of our Terms and take appropriate action, including canceling your account and reporting unlawful activity to authorities.
• We reserve the right to deny access to the Website or Mobile Application or remove any content, at our sole discretion and without notice.

We retain the right, at our sole discretion, to refuse you access to the Website/Mobile Application or any service, or any section of the Website/Mobile Application or service, without prior notification, and to delete any content.

19. SELLERS OBLIGATIONS

• The Seller is fully responsible for all the information they provide on the platform and must indemnify the company for any liability resulting from such information.
• The Seller must register on Vokitoki App using their actual business name.
• Sellers must provide a description of the warranty for their products. The company ‘s mission is to increase visibility, traffic, and facilitate online payments, but the Seller is responsible for the quality of the products sold and the level of information provided to the customers.
• Sellers must obtain all necessary licenses for selling their product(s) through the platform and comply with the law when selling their products. The company is not responsible for the Seller’s compliance with the law.
• The Seller is solely liable for all necessary licenses for selling products through the platform, preparing and checking the quality of the products sold to customers, and complying with local laws and regulations regarding returns and refunds.
• The Seller must indemnify the company for all claims and liabilities arising from their use of the platform, including costs and expenses.
• The Seller is liable and responsible for any claim or legal proceeding arising from the use or sale of fake or adulterated products.
• The Seller is not an employee of the company and is fully responsible for all income tax, national insurance, and other liabilities arising from their use of the platform.
• All information provided by the Seller on the Platform must be accurate and kept  up-to-date, including their name, address, telephone number, and product details. Details entered by the Seller may be publicly visible and may appear in search engine results.
• You acknowledge and agree that the Company will not be liable for any post-sale obligations, including but not limited to delivery, after-sales service, payment, invoicing or collection, customer inquiries, technical support, maintenance services, and any other services related to your products or services. You are solely responsible for fulfilling these obligations. You also agree to indemnify the Company against any claims arising from such obligations and shall bear all expenses and costs associated with them.
• The use of the platform is entirely at the Seller’s and customer’s own risk. Customers must exercise caution when using the platform.
• The Seller agrees to cooperate with the company as reasonably required in connection with any customer-service functions undertaken by the company. Such services can be provided by the Seller on their own or through suppliers.
• The Company has the right to suspend or terminate your access to the Website and Mobile Application at any time, without being required to provide a reason for its decision.
• The Seller authorizes the company to:

1. The Seller is responsible for providing a comprehensive description of each Product they offer on the Platform, including technical specifications, brand name, price, and any applicable warranty terms.
2. The Seller’s rating on the Platform is determined by their performance and customer reviews.

20. EXCLUSION OF LIABILITY

We do not take responsibility for any direct or indirect damages that may arise from the product or service. We also cannot be held responsible for any delays or errors resulting from circumstances outside our control (Force Majeure), such as labor conflicts, fires, wars, infectious diseases, lockdowns, government decisions, etc.

We are not liable for the behavior of users or the quality of services provided by Relationship managers on the website or Mobile Application. We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties, and we are not responsible for any materials posted by us or any third party. You should exercise caution and use your judgment in evaluating any prospective methods or offers and any information provided by us or any third party.

Furthermore, we shall not be liable for any direct, indirect, consequential, or other forms of loss or damage suffered by a user through the use of the Website and Mobile Application, including the loss of data or information, financial loss, or physical damage.

In no event shall Company, nor its owners, directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Service; (ii) any conduct or content of any third party on the Service; and (iii) unauthorized access, use, or alteration of your transmissions or content, whether based on guarantee, agreement, domestic wrong (including carelessness), or any other lawful concept, whether or not we were aware of the possibility of such damage.

21. NO RESPONSIBILITY

We hereby disclaim any liability to you for the following:

• Any losses you may incur as a result of providing inaccurate or incomplete information on our website or mobile application;
• Any losses you may incur as a result of being unable to access our website or mobile application at any time;
• Any errors or omissions on our website or mobile application;
• Any losses you may suffer by relying on any commentary, postings, or reviews (including those of our partners) on our website or mobile application; or
• Any unauthorized access to or loss of your personal information that is outside our control.

22. Cooperation with Law Enforcement

The Website and Mobile Application company is legally required to provide any necessary information to law enforcement or other agencies as per legal obligations. This information may include the user’s location, activities, and any other relevant data collected about the user’s behavior on the platform.

The Company holds no responsibility for any actions or inactions of law enforcement or other agencies during their investigations. Users of the platform are required to cooperate with any such investigations and furnish any information as mandated by law.

Furthermore, the Company reserves the right to disclose any information necessary to safeguard its rights, property, or safety, as well as that of its users or others. Such disclosures may involve user information to third parties, including law enforcement agencies, in response to subpoenas, court orders, or other legal processes.

This provision will continue to be valid even after the user’s account or the Company’s services have been terminated.

23. RELEASE

By using our Services, you agree to release us and our successors from any and all Claims of any kind, including but not limited to personal injuries, death, and property damage, that are directly or indirectly related to or arising from your use of the Services.

24. SPAM POLICY

You are strictly prohibited from using the Mobile App, Website or any of our’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

25. COPYRIGHT DIRECTIVE

In case you have a complaint related to intellectual property rights concerning any content posted on our website, please use the contact information below to reach out to our Designated Agent.
To: Legal Department (Copyright Notification)
Email: Legal@Vokitoki.in
To make a notification regarding any violation of intellectual property rights through materials accessible on the website, you must include the following details:
The signature, either electronic or physical, of the authorized person acting on behalf of the copyright or other infringed right owner.
A description of the intellectual property or copyrighted work that has been infringed.
The location on the website where the material is found, along with a description of the infringing material.
Your email address, telephone number, and physical address.
A statement from you that you believe in good faith that the use of the material on the website, which you are reporting, has not been authorized by the copyright owner, agent, or law.
A statement from you that the information you have provided in your notice is accurate and, under penalty of perjury, that you are the owner of the copyright or intellectual property or are authorized to act on behalf of the owner.

26. THIRD-PARTY LINKS

The website and mobile application may contain hyperlinks to external or third-party websites (“External Sites”). These links are provided solely for your convenience and should not be interpreted as an endorsement by us of the content on such External Sites. The content on these External Sites is created and maintained by third parties, and you should contact the site administrator of such External Sites if you have any concerns about the content. We are not liable for any content provided on linked External Sites and make no representations regarding the accuracy or reliability of the information on such External Sites. When downloading files from such External Sites, you should take precautions to protect your computer from viruses and other harmful programs. If you choose to access linked External Sites, you do so at your own risk.

27. PERSONAL INFORMATION AND PRIVACY POLICY

By using or accessing this Website and Mobile Application, you consent to our processing, storing, or utilizing your personal information in accordance with our Privacy Policy.

28. ERRORS, INACCURACIES, AND OMISSIONS

We have made every effort to provide accurate and error-free information on this Website and Mobile Application. However, we apologize for any errors or omissions that may have occurred. Please note that we cannot provide any warranty that your use of the Website or Mobile Application will be error-free, timely, or suitable for your intended purpose. We also cannot guarantee that any defects will be corrected or that the site or server hosting it is free from viruses or bugs. We do not make any express or implied warranty regarding the accuracy, reliability, or fitness for purpose of the Website and Mobile Application.

29. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE WEBSITE, MOBILE APPLICATION, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES, INCLUDING THAT THE WEBSITE/MOBILE APPLICATION WILL OPERATE WITHOUT ERRORS, OR THAT THE WEBSITE/MOBILE APPLICATION, ITS SERVERS, OR ITS CONTENT OR SERVICE ARE FREE FROM COMPUTER VIRUSES OR OTHER HARMFUL FEATURES.

WE DO NOT PROVIDE ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE/MOBILE APPLICATION OR ITS CONTENT, INCLUDING UNINTENDED, INCIDENTAL, OR SUBSTANTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS STOPPAGE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH CLAIMS ARISING FROM A WARRANTY, CONTRACT, OR COMMON LAW TORT ARE LIMITED.

THE WEBSITE AND MOBILE APPLICATION MAY CONTAIN TECHNICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH ERRORS OR OMISSIONS UNLESS REQUIRED BY APPLICABLE LAWS. THE WEBSITE/MOBILE APPLICATION MAY PROVIDE INFORMATION ON CERTAIN SERVICES THAT MAY NOT BE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A SERVICE ON THE WEBSITE/MOBILE APPLICATION DOES NOT IMPLY THAT SUCH SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE/MOBILE APPLICATION WITHOUT PRIOR NOTICE.

30. COPYRIGHT AND TRADEMARK

The entirety of the content present on the Website and Mobile Application, which includes but is not limited to text, graphics, images, logos, icons, software, and their respective arrangements, is the property of Vokitoki Technology Solutions Private Limited or its licensors, and is protected by copyright and other applicable intellectual property laws. You are strictly forbidden from engaging in activities such as reproducing, distributing, altering, creating derivative works of, publicly displaying, publicly performing, republishing, downloading, storing, or transmitting any of the materials found on our Website and Mobile Application, except as specified below:

• Temporary copies of the materials in RAM by your computer incidental to your accessing and viewing those materials.

• Files that are automatically cached by your Web browser for display enhancement purposes.

• One copy of a reasonable number of pages of the Website and Mobile Application may be printed or downloaded for your personal, non-commercial use, provided that further reproduction, publication, or distribution is not intended.

31. Intellectual Property

By using the Website and Mobile Application, you acknowledge and agree that all content, including text, graphics, logos, images, and software, is the property of the Company or its licensors and is protected by copyright, trademark, patent, or other proprietary rights and laws. You agree not to reproduce, distribute, display, or transmit any copyrighted or otherwise protected content on the Website and Mobile Application without the express written consent of the owner of such rights.

Furthermore, you agree to only post content on the Website and Mobile Application that you have created yourself or have the right to use and publish. You also agree not to post any content that infringes on the intellectual property rights of any third party. The Company reserves the right to remove any content that violates these intellectual property rights or is otherwise objectionable. If you believe that any content on the Website and Mobile Application infringes on your intellectual property rights, please contact the Company immediately.

You agree to indemnify and hold the Company harmless from any claims, damages, liabilities, or expenses, including reasonable attorneys’ fees, arising from your use of the Website and Mobile Application or any content you post on the Website and Mobile Application. This limitation of liability shall apply regardless of the form of action, whether in contract, tort, strict liability, or otherwise, and whether or not the Company has been advised of the possibility of such damages.

32. INDEMNIFICATION

By agreeing to this Agreement, you acknowledge and agree to defend, indemnify and hold us, our officers, directors, employees, successors, licensees, and assigns harmless from any claims, actions, or demands, including reasonable legal and accounting fees, arising from your breach of this Agreement or your misuse of the Content or the Website/Mobile Application. We will promptly notify you of any such claim, suit, or proceeding and cooperate with you, at your expense, in defending any such claim, suit, or proceeding. However, we reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In this case, you agree to provide reasonable assistance to us in defending such a matter.

33. MISCELLANEOUS

33.1 SEVERABILITY
In the event that any provision of these Terms is determined to be unenforceable or invalid, the provision shall be adjusted or removed to the extent necessary to ensure that the Terms remain fully enforceable and effective.
33.2 TERMINATION
Term. We reserve the right to cancel or terminate the Services provided to you, and may do so with or without cause, upon giving written notice. Such termination will not incur any liability on our part towards you or any third party.
Effect of Termination. When these Terms are terminated for any reason, or your Services are cancelled or expired, the following will occur: (a) We will stop providing the Services; (b) you will not receive any refunds or pro-rated usage fees, or any other fees; (c) any outstanding fees owed to us will become due and payable immediately in full, and (d) we may erase your archived data within 30 days. All sections of the Terms that are intended to survive, or are required to survive termination by their nature, will remain in effect, including, but not limited to, indemnification, disclaimers of warranty, and limitations of liability.
33.3 ENTIRE AGREEMENT
This Agreement encompasses all aspects of the subject matter discussed and represents the complete agreement between the parties involved.

33.4 GOVERNING LAW AND JUDICIAL RECOURSE
The terms stated in this agreement shall be governed and interpreted according to the laws of India and the State of Karnataka, without considering any conflicts of law principles. Any dispute arising from the use of the website shall be resolved exclusively by the courts of the State of Karnataka.
33.5 FORCE MAJEURE
We shall not be held responsible for any failure to fulfill our obligations under these Terms to you, your users, or any third party, if such inability is caused by an event outside our control, such as an act of war or terrorism, a natural disaster, a power failure, a riot, civil disorder, or other force majeure event.
ASSIGNMENT
We reserve the right to transfer or assign this agreement to any third party, including our holding company, subsidiaries, affiliates, associates, and group companies, without requiring the User’s consent.
33.6 CONTACT INFORMATION
If you have any questions about these Terms, please contact us at legal@vokitoki.in

34. Grievance Officer/Nodal Officer

In accordance with (1) Information Technology Act, 2000 and rules made there under, and (2) Consumer Protection (E-Commerce) Rules 2020l the name and contact details of the Grievance Officer/Nodal Officer is provided below:

Jaseel Babu NM , Director

+91 984 542 2232

Email : legal@vokitoki.com