In these Terms, references to "You", "User", "Your", "Merchant" shall mean the end user/seller/buyer accessing the contents and using the Services offered through the Website and Mobile App. "We", "Us", "Our" and "BongoSquare" shall mean Thoongal Technologies Pvt. Ltd.
BongoSquare is a next-generation ordering Platform that utilizes the latest, mobile technologies for Marketplace that allows the user to offer, Sell and buy anything from their favorite neighbourhood stores. BongoSquare is not involved in the actual contract for sale which is directly between the seller and buyer.
BongoSquare is a Mobile application currently available on Google Play Store, (BongoSquare.com) is available for free download by all users having compatible operating systems in their mobile phones. The BongoSquare application enables an in-app purchase from marketplace
Merchant can upload his products on BongoSquare marketplace. A BongoSquare app user can make purchases from the store. Details of the purchase made by the BongoSquare app user will be visible to the merchant on his dashboard. He may also use the dashboard to update the status of the order to his customer through standard notifications.
The BongoSquare app, and BongoSquare dashboard offers a merchant a Platform to sell his good and services and BongoSquare app users a convenient way to buy from merchants of his choice.
While we may provide listing of products and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. BongoSquare has no control over and does not guarantee the existence, quality, safety or legality of product listed; the truth or accuracy of users' content or listings; the ability of sellers to sell products; the ability of buyers to pay for products; or that a buyer or seller will actually complete a transaction or return an product.
If you use the Website and Mobile App, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer or device to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in BongoSquare Mobile App. BongoSquare.com reserves the right to refuse access to the Mobile App, terminate accounts, remove or edit content at any time without notice to you.
You agree, understand and acknowledge that the Mobile App platform that enables you to purchase products listed on the Mobile platform at the price indicated therein at any time from any location. You further agree and acknowledge that BongoSquare is merely a facilitator and is not and cannot be a party to or control in any manner any transactions on the Mobile App Platform. Accordingly, the contract of sale and Purchase of products on the Mobile App Platform shall be a strictly bipartite contract between buyer and the sellers on Mobile App Platform.
Mobile App is only a Platform where Users may meet and interact with one another for their transactions. BongoSquare is not and cannot be a party to or control in any manner any transaction between the Mobile App User (i.e. buyer and seller) Consequently
1. All commercial / contractual terms are offered by and agreed to between buyers 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 goods and services and after sales services related to goods and services BongoSquare does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and sellers.
2.BongoSquare is not responsible for any non-performance or breach of any contract entered into between Users (i.e. buyer and Seller) BongoSquare cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Mobile App. BongoSquare shall not and is not required to mediate or resolve any dispute or disagreement between Users.
3.BongoSquare does not make any representation or Warranty as to the product-specifics (such as quality, worth, marketability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Mobile App. In particular, BongoSquare does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Mobile App. BongoSquare accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
4. BongoSquare does not make any representation or warranty as to the product-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 Mobile App and use your best judgment in that behalf.
5. BongoSquare does not at any point of time during any transaction between buyer and seller on Mobile App come into or takes possession of any of the goods or services offered by seller nor does it at any point gain title to or have any rights or claims over the goods or services offered by seller to buyer.
6. BongoSquare.com is only a Platform through which Users can reach a larger base to buy and sell products or services. BongoSquare is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and buyer. At no time shall any right, title or interest over the products vest with BongoSquare nor shall BongoSquare have any obligations or liabilities in respect of such contract. BongoSquare is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, back ordered or otherwise unavailable. All products are offered by seller are governed in accordance with the seller terms and conditions.
7. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other Users that you transact with.
8.You shall indemnify and hold harmless BongoSquare 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 Mobile App and specifically waive any claims that you may have in this behalf under applicable law. Notwithstanding its reasonable efforts in that behalf, BongoSquare cannot control the information provided by other Users, which is made available on the Website and Mobile App.
In connection with using or accessing the Services you will not:
(i) breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
(ii) use our Services if you are not able to 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 our Services. if you are minor, (i.e under age of 18 years) you shall not register as a member of the Mobile App and Website shall not sell, purchase any products;
(iii)manipulate the price of any listing or interfere with any other seller’s listings;
(iv) post false, inaccurate, misleading, deceptive, abusive, libelous, obscene, defamatory,pedophilic or menacing; ethnically objectionable, disparaging or libelous content;
(v) transfer your user ID to another party without our consent;
(vi)distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
(vii)distribute viruses or any other technologies that may harm BongoSquare, or the interests or property of users;
(viii)use any robot, spider, scraper, or other automated means to access our Services for any purpose;
(ix) bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
(x) commercialize any BongoSquare application or any information or software associated with such application;
(xi)harvest or otherwise collect information about users without their consent; or;
(xii)circumvent any technical measures we use to provide the Services;
If we believe you are abusing BongoSquare in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion. ;
All user generated text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and BongoSquare has no control over such third party user generated content as BongoSquare.come is merely an intermediary for the purposes of this User Agreement.
Except as expressly provided in these User Agreement, no part of the Mobile App and Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without BongoSquare.com express prior written consent.
The Website, Mobile App and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website and Mobile App is owned and controlled byBongoSquare.com and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website and Mobile App, by no means are any rights impliedly or expressly granted to You in respect of such Content. BongoSquare.com reserves the right to change or modify the Content from time to time at its sole discretion.
The trademarks, logos and service marks displayed on the Mobile App or Website ("Marks") are the property of BongoSquare.com or their seller or respective third parties. You are not permitted to use the Marks without the prior consent of BongoSquare the seller or the third party that may own the Marks.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, BongoSquare.com owns all intellectual property rights to and into the trademark "BongoSquare", and the Mobile App and Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
Except as expressly provided herein, you acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from BongoSquare.com or thirty party owner of such Content.
i. All purchases made through mobile App. shall be governed in accordance with the seller terms and condition. If you are the purchaser for any product and your purchase is accepted by the seller ("buyer"), you are obligated to complete the transaction with the seller.
ii. By purchasing a product you agree to be bound by the conditions of sale included in the product's description (or linked to from the description) so long as those conditions of sale are not in violation of the User Agreement or unlawful.
iii. BongoSquare strongly advises you not to test the Mobile App with false purchases, as it will put you at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator or through any facility in any manner to Purchase.
If at any time you are not satisfied with the quality of the products you have purchased, you may call the respective supplier for its resolution or you can complain to the seller directly and may claim for a credit, replacement or refund of the purchased damaged or incorrect product. Further, you hereby confirm and agree that you will not any right to claim or allege anything against BongoSquare in respect of the products/services which are provided to you by the Seller.
Cancellation or modification of any Order made through BongoSquare shall be strictly in accordance with the respective Seller’s cancellation policy, including with respect to refund. You may directly contact the respective Seller for processing any requests pertaining to cancellation or modification of Orders. The cancellation and modification request made by you to BongoSquare support will be forwarded to respective Seller for the resolution.
i User may choose to make the payment for the Services/Products through their valid credit / debit and/ or any other cards including e-wallets, online banking facility to make payment against any transaction being effected at the website/app. User shall be bound to use his/her own credit / debit and/ or any other payment cards, online banking accounts to make any payment. BongoSquare shall not be liable and responsible for any credit/debit or any other card frauds, misuse of User’s card or any unauthorized payment transactions which has been processed by User’s Bank / third party payment processor.
ii User accepts and acknowledges that payment processing portal is hosted by a third party payment processor and usage of such payment processing portal shall be subject to such additional terms and conditions which such third party payment processor may prescribe from time to time. BongoSquare will not process, store or transmit credit/debit or any other card related information or any banking related information at its website /app
iii In such event, it is BongoSquare's policy is to redirect User to a payment processing portal hosted by a third party payment processor.
iv BongoSquare will take adequate encryption and security measures to maintain the data secured generated via portal and it shall maintain high standards in relation to providing secure services to Users using BongoSquare
In no event shall BongoSquare.com, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not BongoSquare.com has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Mobile App, Services or Content.
Buyer and Seller 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 thereunder, 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 to them respectively for using Payment Facility and BongoSquare.com.
We encourage buyers and sellers on the Website and Mobile App Platform to provide feedback to each other after the transaction has closed, this helps all Users to know what it is like to deal with the said buyer/seller. After you conduct a transaction, if applicable, we encourage you to leave feedback for the buyer or seller that you dealt with. Please remember that you cannot retract the feedback once you have left it. Your feedback will be displayed along with your user ID. BongoSquare will not be responsible for the feedback that you post on the Mobile App and Website. and you should be careful about making comments that are not factual in nature and should not post defamatory or illegal or offensive/obscene contents.
You may not take any actions that may undermine the integrity of the feedback system. If you continue to receive negative feedback ratings, BongoSquare reserves the right to suspend your membership, and you will be unable to list, buy on the BongoSquare.com
a. Entire Agreement. This Agreement (including all Attachments hereto, and all documents incorporated herein by reference): (a) represents the entire agreement between the Parties with respect to the subject matter hereof and supersedes any proposals, representations previous or contemporaneous oral or written agreements and any other communications between the Parties.
b. Assignment: You are prohibited to assign this Agreement or any of its rights hereunder, or delegate any of its obligations hereunder, whether voluntarily, involuntarily, by operation of Law or otherwise, without the BongoSquare prior written consent, BongoSquare in sole discretion, BongoSquare may transfer its rights and obligations (also known as “assign”) under this Agreement without your prior express consent, provided that BongoSquare assigns the Agreement on the same terms or terms that are no less advantageous to You.
c. Independent Contractors: The Parties are entering this Agreement as independent contractors, and this Agreement will not be construed to create a partnership, joint venture, or employment relationship between them. Neither Party will represent itself to be an employee or agent of the other or enter into any agreement or legally binding commitment or statement on the others behalf or in the other' s name.d. Grievance Officer: In accordance with Information Technology Act 2000 and rules made there under, of the Grievance Officer is published on the Mobile App and Website.
d. In case of any grievance, please contact the Grievance Officer. If you are the rightful owner of the content or an affected person and have the reason to believe that any content that has been uploaded/contributed through this Service contravenes your rights in violation of Rule 3 of the Information Technology (Intermediary Guidelines) Rules, 2011 ("Rules"), then you may intimate the same to BongoSquare.com in the following manner:
e. Sending a request in writing or through email signed with electronic signature identifying the content alleged to be in infringement of your rights as the rightful Owner or affecting you prejudicially;
f. Providing exact identification and description of the content by giving its URL that is to be disabled, which in your view contravenes Rule 3(2) of aforesaid "Rules".
g. Giving a declaration cum undertaking along with necessary documents establishing you (i) as the rightful owner of the content to be disabled, or (ii) as an affected person, and stating that the information submitted is true, complete & accurate and no material fact has been hidden. Further, stating that BongoSquare.com and its Management, Directors, employees, including Grievance Officer shall not be liable for any loss or damage or claim for relying upon the said request.
Contact information including address, telephone number, email address, etc. where you can be contacted if required.
You can send your request to Grievance Officer, BongoSquare.com at:
The grievance(s) shall be redressed in accordance with the said Rules and in good faith by the Grievance Officer.
h. Arbitration: n the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the COMPANY, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be Chennai, Tamil Nadu, India.
i. Governing Law and Jurisdiction: This agreement shall be construed only in accordance with the laws of India. In respect of all, Claims, matters/disputes arising out of, in connection with or in relation to this Agreement, only the competent Courts at Chennai,Tamil Nadu shall have exclusive jurisdiction. No other Court shall have jurisdiction to deal with any dispute or any matter between the parties arising out of this Agreement.
j. Force Majeure. Neither Party will be liable for any failure to perform any of its obligations hereunder by reason of Force Majeure Event, provided that the affected Party provides the other Party prompt notice of the applicable circumstance and uses commercially reasonable efforts to re-commence performance as promptly as possible; and provided further that if a Party’s performance is delayed for a period of more than thirty (30) days by reason of any Force Majeure Event, then the other Party may at its option, by written notice to the affected Party, either: (a) terminate this Agreement; or (b) extend the Term of this Agreement for a number of days equal to the duration of the affected Party’s non-performance
e. Waiver. To be effective, any waiver by a Party of any of its rights or the other Party’s obligations under this Agreement must be made in a writing signed by the Party to be charged with the waiver. Waiver of any breach of any term or condition of this Agreement will not be deemed a waiver of any prior or subsequent breach. No failure or forbearance by either Party to insist upon or enforce performance by the other Party of any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement or otherwise at Law or in equity will be construed as a waiver or relinquishment to any extent of such Party’s right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will be and remain in full force and effect.
f. Severability. If any provision of this Agreement is invalid or unenforceable in any jurisdiction, the other provisions herein will remain in full force and effect in such jurisdiction and will be liberally construed in order to effectuate the purpose and intent of this Agreement, and the invalidity or unenforceability of any provision of this Agreement in any jurisdiction will not affect the validity or enforceability of any such provision in any other jurisdiction.
g. Change in Policy: Mobile App created and controlled by BongoSquare.com reserves the right to make any changes to the Mobile App and the terms, conditions and disclaimers at any time without prior information to the customers or users of the services. You are bound to understand the terms and conditions before accessing to BongoSquare.com and using the service provided by us. Your continuous use of the Mobile App after the revising the terms and conditions will be consider as your acceptance of the said revised terms and conditions.
h. DISCLAIMER: THIS DISCLAIMER WILL BE APPLICABLE TO ANY PERSON VISITING OR ACCESSING BONGOSQUARE MOBILE PLATFORM OR WEBSITE YOU ARE ACCEPTING THIS AGREEMENT RELATED TO THE SERVICES PROVIDED HEREIN. BONGOSQUARE.COM DOES NOT HAVE ANY METHOD TO ASSESS OR VERIFY THE VARACITY OF MERCHANT OR END USER OR THIRD PARTY SERVICES OR ANY PRODUCT PURCHASED THROUGH MERCHANT ONLINE STORES HOSTED BY BONGOSQUARE. THIS MOBILE PLATFORM SERVICES ARE PROVIDED BY BONGOSQUARE.COM ON AS IS AND AS AVAILABLE BASIS. BONGOSQUARE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS MOBILE PLATFORM OR THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS INCLUDED ON THIS MOBILE PLATFORM, OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR; THAT THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE MOBILE PLATFORM WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF PURCHASE, LAWFUL TO SELL, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED; TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BONGOSQUARE.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BONGOSQUARE.COM DOES NOT WARRANT THAT THE WEBSITE MOBILE PLATFORM, ITS SERVERS, OR EMAIL SENT FROM BONGOSQUARE ARE FREE OF VIRUS OR THEIR HARMFUL COMPONENTS. BONGOSQUARE.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS MOBILE PLATFORM, SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS MOBILE PLATFORM IS AT YOUR SOLE RISK.