These Terms & Conditions and Our Privacy Policy (together, these "Terms") form a contract between You and Scogo Networks. (referred to as "Us", "We", "Our", "Disclosing Party") and govern Your right to access the Websites and online Portal, Mobile and Desktop Apps (collectively, the "Platform") and the use of and access to Our Services (means Our Platform/Websites and related products and services that You subscribe to) and Websites/Platform by You, Your Affiliates, Users and End-Customers as part of a Subscription during the Term.
By accessing or using Our Services or the Platform, or Websites or authorizing or permitting any User or End-Customer to access or use Our Services or the Platform or Websites, You are agreeing to be bound by these Terms & Conditions. If You are using Our Services for an organization, You are agreeing to these Terms & Conditions on behalf of that organization and in these Terms & Conditions, "You" or "Your" refers to that organization. If You do not have such authority, or if You do not agree with these Terms & Conditions, You must not accept these Terms & Conditions and should not access or use Our Services and Platform/Websites.
In these Terms & Conditions, You and We are individually referred to as a "Party" and collectively as "Parties". You, as an individual, must be eighteen (18) years or older to access the Websites/Platform and register for and use Our Services.
When used in these Terms & Conditions with the initial letters capitalized, in addition to the terms defined elsewhere in these Terms & Conditions, the following terms have the following meanings:
means any accounts or instances created by or on behalf of You for access and use of Our Services. You may have multiple Subscriptions which may be subject to separate and distinct Plans. For the avoidance of doubt, reference to an Account herein refers to (i) Your trial account where a live account has not been activated; or (ii) Your trial account and live account where the live account has been activated.
means, with respect to a Party, any entity that directly or indirectly controls, is controlled by, or is under common control with such Party, whereby "control" (including, with correlative meaning, the terms "controlled by" and "under common control") means the possession, directly or indirectly, of the power to direct, or cause the direction of the management and policies of such person, whether through the ownership of voting securities, by contract, or otherwise.
means all laws and regulations, including laws and regulations of India applicable to the Processing of Personal Data under these Terms & Conditions.
means the data processing addendum available here as updated periodically and which is incorporated into these Terms & Conditions by reference; or a separate addendum that the Parties have executed in this regard, as the case may be, pursuant to which We shall Process Personal Data forming part of Your Service Data.
means any written or electronic documentation, images, video, text or sounds specifying the functionalities of Our Services provided or made available by Us to You or Users through Our Services or otherwise.
means Your customers and/or any person or entity other than You or Users with whom You interact using Our Services.
means Scogo Networks and Our affiliates or third party service providers and their affiliates.
means data forming part of the Service Data and relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into the possession of the data controller or such other similar term as defined under Applicable Data Protection Law.
means a pricing agreement or an order form referencing these Terms & Conditions and executed or approved by You and Us with respect to Your Subscription, which agreement may detail, among other things, the Plan applicable to a Subscription, the associated Subscription Fees and other details of the Subscription.
means Our privacy policy as updated periodically and which is incorporated into these Terms & Conditions.
means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.
means the pricing plan that You choose in connection with a Subscription for the associated functionality and services.
means Our Platform/Websites and related products and services that You subscribe to, and/or any new services or features that We may introduce as a Service to which You may subscribe to, and any Updates to Our Services, including individually and collectively, any software, APIs and Documentation.
means all electronic data, text, messages or other materials, including Registration Data, Cardholder Data and Personal Data of End-Customers and Users, submitted to the Services through an Account in connection with Your use of Our Services.
means Your subscription to Our Services through a Plan of Your choice for Your access and use of an Account.
means those individuals You authorize as users within an Account to use Our Services by way of designated login credentials.
means the Websites that We operate.
means our online Portal, Mobile and Desktop Apps.
Users will maintain all relevant books, records and accounts relating to Our Services provided and payments collected. Upon reasonable notice, Scogo Networks may audit, or may appoint a qualified independent auditor to audit, the books and records of the User to verify the accuracy of the amount of payments collected by you. If such audit reveals any discrepancies with respect to the payment collected and submitted to Scogo Networks, then in addition to Scogo Networks retaining the right to exercise other remedies, may require the User to promptly pay Scogo Networks an amount equal to the discrepancy and may ask for an additional amount as fine from the User.
Scogo Networks shall forward any data subject request from a data subject relating to Users. Scogo Networks shall provide all reasonable cooperation necessary to fulfill a data subject request from a data subject.
You agree to provide Us with current, complete and accurate registration information as prompted by Our Services' registration process ("Registration Data"). You agree not to omit or misrepresent any Registration Data, and further agree to update the Registration Data periodically to ensure that it is current, complete and accurate. You further authorize Us to verify the Registration Data as required for Your use of Our Services.
You are solely responsible for:
You agree to use our Services in accordance with these Terms & Conditions (including any addendum, schedules and exhibits), Documentation and any API policies We implement in this regard. Further, You agree, on behalf of Yourself and Users, not to:
You agree to notify Us immediately of any unauthorized access or use of Your Account, log-in information, credentials or passwords, or any unauthorized activity in Your Account. We have the right to suspend or terminate our Services without notice to You, if We reasonably suspect any unauthorized activity and You agree to cooperate with Us in any investigation into suspected or actual unauthorized activity. Where Your Account is so suspended and the breach remains uncured post any cure period We may grant You at Our sole discretion, We reserve the right to terminate Your Subscription with immediate effect.
You agree and confirm that your use of our Website/Platform shall be strictly governed by the following binding principles:
You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
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 our Website/Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of our Website/Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to prohibit any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to our Website/Platform or to any server, computer, network, or to any of Our services offered on or through the Platform, by hacking, "password mining" or any other illegitimate means.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name "Scogo Networks", "Superapp". You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of our Website/Platform or Scogo Networks systems or networks, or any systems or networks connected to Scogo Networks.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of our Website/Platform or any transaction being conducted on our Website and/or Platform, or with any other person's use of our Website and/or Platform.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through our Website/Platform or any service offered on or through our Website and/or Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
We reserve the right, but have no obligation, to monitor the materials posted on our Website and/or Platform. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of this agreement. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON OUR WEBSITE/PLATFORM.
We have the right but not the obligation to change content on Our Websites/Platform at any time. We may discontinue or change any part of Our Websites/Platform that does not affect Our Services, without notifying You.
We may upgrade, update, or modify the provision of all or any part of our Services from time to time, including to improve our Services or to address any legal or regulatory requirements or to address a change in Our policies ("Updates") and You may receive notifications where the Update is material. What constitutes a "material Update" will be determined by Us in good faith using Our reasonable judgment but will only include an Update that materially affects Your use of our Services. Unless otherwise stated, the Updates are also subject to these Terms & Conditions and We reserve the right to deploy Updates at any time. Where You do not agree to an Update, Your sole remedy shall be to terminate Your use of Our Services and to comply with the termination obligations set forth in these Terms & Conditions. Any use of our Services after the Update will constitute Your acceptance of the Update.
All right, title and interest in and to all of Our patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and other intellectual property and/or proprietary rights in or related to Our Services, including Our Website/Platform, and any part of it (collectively, the "Scogo Networks' Intellectual Property Rights"), are owned or licensed by and shall remain exclusively with Us and/or the Sub-processors. We are the owner or the licensee of all Scogo Networks' Intellectual Property Rights in Our Website and/or Platform, and the content or material published on it. Those works are protected by copyright laws and treaties around the world. You must not use any part of the content on Websites/Platform for commercial purposes without obtaining appropriate licenses. You do not have any right, title to or interest in the Scogo Networks Intellectual Property Rights. By using Our Services, You grant Us a limited license to access, disclose, process, transmit and use Your Service Data for providing Our Services to You and for complying with these Terms & Conditions. We claim no intellectual property rights over Your Service Data. All rights not expressly granted to You in these Terms & Conditions are reserved by Us and/or the Sub-processors.
You may choose or We may invite You to submit suggestions, recommendations, enhancement requests or other feedback about the Services ("Feedback"). By submitting any Feedback, You agree that such Feedback is gratuitous, unsolicited and without restriction, and You grant Us a fully paid up, royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate Feedback, in whole or in part, into Our Services. Further, unless You notify Us otherwise via e-mail to info@scogo.in.
Certain other services ("Other Services") such as integrations and apps may be made available to You through forums for their integration with our Services. These Other Services are governed by their own Terms & Conditions and Privacy Policies and You agree that We are not responsible for Your use of these Other Services where You choose to enable these Other Services and integrate them into our Services. By enabling the Other Services, You understand and agree that We do not provide any warranties for Other Services and We are not liable for any damage or loss caused or alleged to be caused by or in connection with Your enablement, access or use of any such Other Services, or Your reliance on the privacy practices, data security processes or other policies of such Other Services. You understand that We are not responsible for providing technical support for Other Services or for the data hosting and data transfer practices followed by providers of such Other Services. To this extent, You agree to address any comments, queries, complaints or feedback about such Other Services with the respective developers or publishers as specified in those forums.
Our Website/Platform may also contain links to websites, resources and/or other content provided by third parties (the "Third-Party Content"). We do not endorse any Third-Party Content. You agree that We are not responsible for the quality, performance, reliability or security of any Third-Party Content, and that We are not responsible for any damages in connection with Your and/or Users' and/or End-Customers' access or use of any Third-Party Content, or Your reliance on the privacy practices, data security measures or other policies of any Third-Party Content. You acknowledge and agree that each Third-Party Content is governed by that third party provider's terms and privacy policy and that We do not have any control over such services or the Third-Party Content. To this extent, You agree to address any comments, queries, complaints or feedback regarding the Third-Party Content with the third party providing them.
Every account will have a wallet associated with it. By default the available balance will be zero. Top-up has to be added to the available balance in the User wallet. Top-up fees will be applicable as per the payment gateway norms over & above the intended top-up amount.
Withdrawal of funds. You can place a Wallet balance withdrawal request at any point in time and the same shall be remitted back to the Your account.
When You are on a paying Plan, You shall be charged a fee based on the Plan You choose for our Services ("Subscription Fees"). The Subscription Fees are payable in full and in advance until Your Subscription is terminated in accordance with Section 9 (Term, Termination and Suspension).
You agree to pay the Subscription Fees and Services fees through a payment method acceptable to Us. You hereby authorize Us and/or Our authorized agents, as applicable, to bill You in accordance with Your Plan for Your Subscription and your consumption of our Services. You must notify Us of any change in Your payment account information, either by updating Your Account or via e-mail to info@scogo.in.
For any Renewal Term We reserve the right to change the subscription fees and charging methods upon a thirty (30) day notice. For existing Subscriptions for which the Subscription Fees has been already received by Us, We will implement the price changes during the next Renewal Term.
Unless otherwise specified in these Terms & Conditions, all Subscription Fees are non-refundable. We do not provide refunds or credits for any partial use or non-use of our Services.
The Subscription Fees do not include any taxes, duties, fees or other amounts assessed or imposed by any government authority, for which You are responsible except for taxes imposed on Our income. You agree to pay or reimburse Us for all such amounts upon demand or provide evidence of payment or exemption.
When We do not receive payment towards the Subscription Fees within the due date for a Subscription, You shall be notified of such non-payment. We must receive payments within a maximum of thirty (30) days from the date of Our notice. If We do not receive payment within the above mentioned time period, in addition to Our right to other remedies available under law, We may:
We may, at Our sole discretion, offer You certain non-transferrable benefits (such as discounts on Subscription Fees or a free extension in Term) specific to a Subscription. The benefits may have an expiry date. If they do not have an expiry date, they will expire upon completion of twelve (12) months from the date of offer.
Unless otherwise specified in a Pricing Agreement, a Subscription is valid for a period of twelve (12) months from the date of Your Subscription ("Initial Term") and shall renew automatically for a term equivalent in length to the then expiring term ("Renewal Term") unless terminated in accordance with these Terms & Conditions. For the purposes of these Terms & Conditions, "Term" shall mean the Initial Term and any Renewal Terms.
You may terminate a Subscription at any time by raising a request for cancellation of Your Subscription or by emailing Us at info@scogo.in, with or without cause upon ten (10) days' advance written notice to the Us. All outstanding payment obligations Terms shall survive the termination of this Agreement and ceasing all use of Our Services.
In the event of any actual or threatened breach of these Terms & Conditions by You (including non-payment of Subscription Fees, Service Fees), We may immediately suspend all or part of Your Subscription(s). We may terminate these Terms & Conditions, including Your Subscription(s), if You have breached any of these Terms & Conditions and if that breach can be cured, You fail to cure that breach within fifteen (15) days after receiving written notice of that breach from Us ("Your Cure Period").
We shall not be liable to You or any other third party for suspension or termination of Your Subscription or Your access to and use of Our Services, including any destruction of Service Data, if such suspension or termination is in accordance with these Terms & Conditions. Upon any termination of a Subscription, all rights, including the right to access and use or Services granted to You will immediately cease and payment methods associated with End-Customers shall not be charged with immediate effect. You shall immediately destroy (or, at Our request, return) Our Confidential Information in Your possession or control.
Following termination of a Subscription, We will retain that Account's Service Data for one hundred and twenty (120) days from such date of termination ("Data Retention Period") beyond which, We will have no obligation to maintain or provide You, Users and End-Customers access to Service Data. Thereafter, unless legally prohibited, We reserve the right to destroy all Service Data in Our possession in the normal course of Our operations in accordance with the Privacy Policy. You agree that You are solely responsible for exporting Service Data prior to termination of a Subscription, and if You require assistance for exporting Service Data during the Data Retention Period, You may be required to pay a separate fee to Us.
Unless waived by Us in writing or where the total Subscription Fees has already been prepaid, if a Subscription is terminated in accordance with Section 9.2 (Termination by You) or 9.3 (Suspension and Termination by Us) of these Terms & Conditions, in addition to other amounts You may owe Us, You must immediately pay all unpaid Subscription Fees for the Term accrued through and including Your Cure Period. The sole exclusion to this payment obligation is when You terminate a Subscription as a result of a material breach of these Terms by Us (provided that You provide notice of such breach to Us and afford Us not less than fifteen (15) days ("Our Cure Period") to reasonably cure such breach), in which case, You are eligible to receive a refund of any unused Subscription Fees prepaid by You for Services not rendered from the date of such termination.
"Confidential and/or proprietary Information" shall mean and include any information disclosed by Us to You either directly or indirectly, in writing, orally, by inspection of tangible objects (including, without limitation, documents, prototypes, samples, media, documentation, discs and code). Confidential information shall include, without limitation, any materials, trade secrets, network information (including but not limited to partner, engineer, customer, and any user in our network), configurations, trademarks, brand name, know-how, business and marketing plans, technical, financial and operational information, and all other non-public information, material or data relating to the current and/or future business and operations of Scogo Networks and analysis, compilations, studies, summaries, extracts or other documentation prepared by Us. Confidential Information may also include information disclosed to You by third parties on behalf of Us.
10.1 You shall refrain from disclosing, reproducing, summarising and/or distributing Confidential Information and confidential materials of Scogo Networks, except in connection with the Proposed Transaction.
10.2 The Parties shall preserve the confidentiality of each other's Proprietary Information in the same manner as they protect the confidentiality of their own proprietary and confidential information of similar nature. Each Party, while acknowledging the confidential and proprietary nature of the Confidential Information agrees to take all reasonable measures at its own expense to restrain it's representatives from prohibited or unauthorised disclosure or use of the Confidential Information.
10.3 Confidential Information shall at all times remain Our property and may not be copied or reproduced by You.
10.4 You agree not to reproduce any of the Proprietary Information and to return/destroy (as may be requested in writing by Us or upon expiry and/or earlier termination) all originals, copies, reproductions and summaries of Confidential and Proprietary Information provided to You immediately, not exceeding seven (7) days of a request by Us. You shall certify Us in writing that You have satisfied Your obligations under this paragraph.
10.5 You may disclose the Confidential Information only to Your employees on a need-to-know basis. You shall have executed or shall execute appropriate written agreements with third parties, in a form and manner sufficient to enable You to enforce all the provisions of this Agreement.
10.6 Confidential Information, however, shall not include any information which:
Use, exploitation, disclosure or dissemination of the Proprietary Information in breach of these Terms & Conditions shall be deemed to cause us irreparable harm for which only monetary damages are not an adequate remedy, and we will be entitled to specific performance, injunctive relief or other equitable relief in addition to any other remedies we may have at law or in equity.
We use appropriate technical and organizational measures to protect your Service Data. The measures used are designed to provide a level of security appropriate to the risk of Processing the Service Data.
You understand that Our affiliates or third party service providers and their affiliates and Sub-processors shall Process Service Data in accordance with Applicable Data Protection Laws, the Privacy Policy(to the extent applicable) and the Data Processing Addendum. You acknowledge and agree that the Our affiliates or third party service providers and their affiliates and Sub-processors may also access or disclose information about You, Your Subscription and Account, Users and End-Customers, including Service Data, to:
We Process Service Data only as per Your instructions to the extent they are consistent with the functionality of Our Services.
We, Our affiliates or third party service providers and their affiliates may use (but not disclose) data collected regarding Your use of Our Services for Our internal business purposes, including for creating anonymized, aggregated and otherwise non-personal data. We may freely use and make available such anonymized, aggregated and otherwise non-personal data regarding the use of Our Services for Our business purposes. We will ensure that this anonymized, aggregated and otherwise non-personal data cannot identify You or End-Customers and can in no way be specifically associated to You or End-Customers.
You warrant against any defects in the parts (including Software) based upon the Specifications and the commercial uses for which the parts are intended, for the Warranty Period. You represent and warrant that your performance of any Services will be of a professional quality and undertaken in an efficient and cost effective manner;
If, during the Warranty Period, Spare Parts are not free from defects in material or workmanship and/or fail to comply with the applicable warranties and/or Specifications described in this Agreement, then you shall, on Scogo Networks request and without delay, repair, replace, re-perform or modify at its sole option and expense the defective Materials and/or Services such that the Materials and/or Services comply with the Terms & Conditions hereof. Subject to any express restrictions under the RMA policy, if requested by Scogo Networks, the warranty service shall be performed at the Site. If you are unable to repair, modify or re-perform defective Materials or Services within a reasonable period of time, you shall, at Scogo Networks option and direction, replace defective Materials or re-perform defective Services with Materials or Services that are functionally equivalent and which conform to the requirements of this Agreement, or refund to Scogo Networks the Purchase Price (Book Value here) for such defective Materials or Services and reimburse Scogo Networks for any reasonable and actual costs incurred.
Scogo Networks and its personnel shall not be liable for any damage to, or loss of property or any other damage directly or indirectly caused to User, its directors, officers, employees, agents, servants or third parties during or after, due to, or in connection with, or in consequence of the performance or non-performance of these Terms & Conditions between you and the Third Party or their affiliates.
You shall be liable to pay the Book Value of any part being assigned to the User if that part is damaged/ lost in pursuit of delivery or miskeeping of the parts which is, the parts not being kept in suitable environment and condition. Then the Book Value of the parts shall be redeemed by you fully or in parts if the insurer fails to reimburse the value in full or, in parts of the damaged/ lost/ distorted part. Scogo Networks and you are fully aware and agree to Scogo Networks liability limitation and acknowledge that prices and rates have been calculated, inter alia by specific reference to the exclusions and liability limitations.
SCOGO NETWORKS SHALL NOT BE LIABLE TO YOU, IN CONNECTION WITH THESE TERMS & CONDITIONS OR THE ARRANGEMENTS CONTEMPLATED HEREIN, FOR:
14.1 Any indirect, incidental, consequential, punitive, special or other similar damages; or
14.2 Any damages for lost profits, lost revenues, loss of goodwill, or interference with business, whether or not such damages are due to the fault or negligence of scogo networks, and regardless of whether spc has been advised of the possibility of such damages or losses. the exclusions of liability above shall apply to any damages, however caused and regardless of:
14.2.1 The theory of liability, whether derived from contract, tort (including, but not limited to, negligence), or any other legal theory
You shall indemnify and hold harmless Scogo Networks (The Disclosing Party), its owners, licensee, affiliates, subsidiaries, third party service providers and their affiliates and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of these Terms & Conditions or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
15.1 You shall not commit any fraud while providing Services or otherwise commit any act or omission, to gain any undue advantage. You agree and acknowledge that in case Scogo Networks believes that you committed any of the foregoing while rendering Services, Scogo Networks shall, in addition to its right to terminate the Agreement, in its sole discretion reserve the right to (a) disable You from undertaking tickets through the Scogo Networks Website/Platform for such time as it deems fit and /or (b) deduct the undue gain made by You through the fraudulent orders from the payout including incentives thereof and/or the Security Deposit, if any. This right to withhold payout including incentives thereof may also be exercised by Scogo Networks in the event service parameter guidelines, as prescribed by the Scogo Networks from time to time, is not met.
15.2 You acknowledge that the goodwill and reputation of Scogo Networks is at stake with how effectively and efficiently you render Services pursuant to the agreement. Accordingly, you shall not do any act that adversely affects Scogo Networks and undertakes to be in compliance with Applicable Law at all times and protect the brand image, business reputation or any other asset/property of Scogo Networks.
15.3 You shall at your own expense, defend, indemnify and hold harmless Scogo Networks against any claim, demand, costs, liabilities of any kind whatsoever arising out of any direct or indirect loss suffered by Scogo Networks or its User.
We may communicate with You directly via e-mail at the e-mail address associated with Your Account, or through Our Services (such as, through pop-ups, notifications), or Our blog or Our Website or over call or messages on your registered mobile number, including, but not limited to:
The Parties are independent contractors. Nothing in these Terms & Conditions shall be deemed to constitute a partnership, joint venture, employment or franchise between the Parties, nor constitute any Party as the agent of the other Party for any purpose or entitle any Party to commit or bind the other Party in any manner.
These Terms & Conditions represents the entire Terms & Conditions between the parties hereto with regard to the subject matter hereof and supersedes, cancels and replaces any and all prior agreements, arrangements or understandings, whether oral or in writing, between the parties hereto with regard to the subject matter hereof and neither party shall be bound by any condition, term or obligation other than set forth in these Terms & Conditions.
In the event that any one or more provisions contained herein shall, for any reason, be held to be unenforceable in any respect under the laws of India, such unenforceability shall not affect any other provision herein contained. Instead, Terms & Conditions shall be construed as if such unenforceable provision had not been contained herein. If either Party fails to enforce its rights under these Terms & Conditions, such failure shall not be deemed to be a waiver of those rights or any future rights.
No waiver of any provision of Terms & Conditions shall be effective unless in writing and signed by the authorized representative of a Party against whom the waiver is enforced.
Any dispute, controversy or claim arising out of, or relating to any provision of Terms & Conditions or the interpretation, enforceability, performance, breach, termination or validity hereof, shall be solely and finally settled by arbitration at Mumbai, India in accordance with the Arbitration and Conciliation Act, 1996. The arbitrators shall decide the matters submitted to them based upon the evidence presented and the arbitrators shall issue a written award and include findings of facts and conclusions of law. An award rendered in connection with Arbitration pursuant to this Article shall be final, non-appealable and binding upon the Parties and any judgment upon such an award may be entered and enforced in any court of competent jurisdiction. Proceedings in the arbitration shall be conducted in English language.
These Terms & Conditions shall be interpreted in accordance with the laws of the Indian jurisdiction.
If either of the parties are prevented from the performance of Terms & Conditions by force majeure such as government action or inaction, war, serious fire, flood, typhoon, earthquake, other natural calamities or other forces beyond the control of the parties, the time for the performance of Terms & Conditions shall be extended by a period equal to the effect of those causes and neither party shall be responsible for loss or damages due to the delay.
The party so prevented by force majeure shall notify the other party by Email, text message or fax as soon as possible from the time of the occurrence of the force majeure.
All notices to be provided by Us to You under these Terms & Conditions may be delivered in writing to the mailing address provided by You while subscribing to Our Services, or by electronic mail to the e-mail address provided by You in connection with Your Subscription. You may opt out of receiving e-mails from Us by clicking on the "unsubscribe" or "opt-out" link in the e-mails, and in the absence of such links, by reaching out to Us at info@scogo.in or by terminating Your Subscription.
The contact information for a notice to Us by courier or mail is Scogo Networks. 6th Floor, Reliable Business Centre, Commercial premises, Jogeshwari West, Mumbai 400102, India with a CC to info@scogo.in. All notices shall be deemed delivered upon receipt.
Scogo Networks is committed to protecting any personal information that we may receive while you access our website, online platform, including the associated mobile and desktop applications (collectively, the "Platform"). We believe it is important for you to know how we treat information about you that we may receive when you engage with us. This Privacy Policy is devised to help you feel more confident about the privacy and security of your personal details. 'You' shall mean You, the User of the Website/Platform and 'Yourself' interpreted accordingly. 'We' / 'Us' means Scogo Networks and 'Our' interpreted accordingly. 'Users' means the Users of the Website/Platform collectively and/or individually as the context allows "Personal information" is information that identifies you as an individual or relates to an identifiable individual. Examples of personal information include your name, your email id and your telephone number. We store and process Your Information including any sensitive financial information collected as defined under the Information Technology Act, 2000 and Rules there under. We may share your personal information with our other corporate entities,our affiliates or third party service providers and their affiliates. We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to court orders/summons, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms & Conditions and/or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public. We and our affiliates or third party service providers and their affiliates will share some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or reorganization, amalgamation, restructuring of business. We have developed this Privacy Policy to protect Your personal/financial information and keep it confidential. By visiting Our Website Or by registering on our Platform, you are accepting and consenting to the practices described in this Privacy Policy. The following Privacy Policy and Cookie Policy outlines the information we may process and how we may use that information to better serve you while using our Website/Platform.
We receive both information that is directly provided to Us, such as personal information You provide when You visit the Website/Platform, and information that is passively or automatically collected from You, such as information collected from the browser or device You used to access Our Website/Platform. To explain further,
There are portions of our Website/Platform where We may need to collect personal information from You for a specific purpose. For e.g. You can register, create tickets, apply for partner or scogo services, top-up your wallet. In the course of these various offerings (collectively, the "Services"), We often seek to collect from You various forms of information, such as: name, address, e-mail address, telephone number, bank account number and other details. We may also receive other information when you participate in a focus group, poll, contest, activity or event, apply for a job, request support, interact with our social media accounts or otherwise communicate with us.
In general, You can visit our Website/Platform without telling Us who You are or revealing any information about Yourself. We, and Our affiliates or third party service providers and their affiliates may use automated means to collect various types of Information about You, Your computer or other device used to access Our Website. A representative, non-exhaustive list of the types of automatically collected information may include: network or Internet protocol address and type of browser You are using (e.g: Chrome, Safari, Firefox, Internet Explorer), location information, and the content and advertisements You have accessed, seen, forwarded and/or clicked on.
including First Name, Last Name, Email, Phone Number, Organization Address.
First Name, Last Name, Email, Phone Number, Billing Address, Shipping Address, and Locale.
Credit/ Debit card details including card number and expiry date in encrypted form, details for net banking services and Wallet services. Bank details including account number, IFSC code in encrypted form for wallet services. Please be advised that our Website/Platform ensures the highest degree of data security, while encrypting as per the guidelines specified by Payment Cards Industry Data Security Standard (PCI DSS).
Your account history with us including (without limitation) all information and communications, payment history etc. We maintain this in encrypted form on secure servers. However, your transaction details may be preserved by Website/Platform for purposes of tax or regulatory compliance.
Any other personal information, if stored by users in the course of business.
While using our Websites we receive information from you and other third-parties that helps us approximate your location. We may, for example, use an IP address received from your browser or device to determine your approximate location.
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Customers upon booking the service, expect to know when the engineer will reach the destination address and to track their progress on integrated Google Maps. The live location tracking feature is pivotal to our customer experience. Location needs to be tracked in the background, because when the service engineer accepts the ticket they agree to reach the destination under a limited time window. A service engineer uses their personal mode of transport, especially 2-wheelers and it's not practical for them to keep the Scogo App active all the time. Location information is needed just for the time until the engineer reaches the destination site. Once reached to the site they can choose to stop sharing their location.
By entering Your Personal Information, You accept that We may retain Your Personal Information and that it may be held by Us or our affiliates or third party service providers and their affiliates that processes it on Our behalf. We, along with Our affiliates, shall be entitled to Use Your Personal Information for the following purposes:
2.1 Provide and communicate with You about feedback, follow up on programs you've applied for or queries submitted to the team;
2.2 Fulfill your requests regarding the services, including without limitation respond to your inquiries;
2.3 Enforce the legal terms (including without limitation our policies and terms & conditions) that govern your use of our Services, and/or for the purposes for which you provided the Information,
2.4 Provide technical support for the Website/Platform or in connection with Our services and Offerings,
2.5 Prevent fraud or potentially illegal activities (including, without limitation, copyright infringement) on or through Our Website/Platform or Services,
2.6 Protect the safety of our other Users,
2.7 Perform analysis regarding how you use the Services or any part thereof such market research, including statistical analysis of user behaviour which We may disclose to third parties in depersonalised, aggregated form.
2.8 In order to enable us to comply with any requirements imposed on us by law.
2.9 In order to send You periodic communications (this may include email), about features, products and services, events and special offers. Such communications from Us may include promotion of programs being organized by third parties on our website.
The Information provided by You including that of Your customers & partners will be stored on Our Platform to help you collaborate with them better. Such information belongs solely to You. We do not share this information with others or use this information for any of Our parallel operations except for those to improve Our Platform for Your usage. This information will be deleted in the event of expiry of your Subscription period and no further alliance or, upon termination of our engagement with your company, as the case may be. A back-up of the same shall be extended upon request periodically as well as a final copy in case of termination.
We log information in the local storage of your web browser. Most importantly we store your login credentials. But we also store some other information to make the site faster. Each time you sign out of your account, all data in local storage will be removed from your browser.
We store data in your browser's cache to make the site faster. This may include HTML, javascript, images, typefaces, etc.
Following are the various Correspondence Information which You provide when You access/register for Our Service:
Use of our Website/Platform 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 our Website/Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a User of our Website/Platform and shall not transact on or use our Website/Platform.
Order ID, transactional history about your activities on our Website/Platform.
Your usernames, passwords, email addresses, contacts, account details and other security-related information used by you in relation to our Services
When you use our Website/Platform, we also process technical data such as your IP-address, Device ID, Device Contacts, Device Accounts including third-party accounts or MAC-address, and information about the manufacturer, model, and operating system of your device. We use this data to enable us to deliver the functionalities of our Website/Platform, resolve technical difficulties, and provide you with the correct (prevent the transmission of spam, viruses and/or unlawful, defamatory, obscene or otherwise undesirable material or content) and most up to date version of our Website/Platform.
We may use your information for suggesting products and promotional offers and schemes. You acknowledge and agree that such an update is for Your interest and for improving personalization and service efficiency of our Website/Platform.
Note:
You acknowledge that, we will only disclose your information in an aggregated form which is not capable of being used or interpreted in such a manner as to identify you under Applicable law and procedure. We collect and store your Information to: (a) comply with our obligations under law; and (b) monitor your use of our Services in order to ensure your compliance with our Terms & Conditions.
Note:
However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply won't be intercepted while being transmitted to us over the Internet. Any transmission of information by you to our Website/Platform is at your own risk. We recommend that you do not disclose your password to anyone.
You should be aware that information and data may be automatically collected through the Use of Cookies or web beacons or similar tracking technologies. "Cookies" are text files placed in your computer browser that store basic information that a Website can use to recognise repeat site visits and as an example, recall Your name if this has been previously supplied. We may use this to understand Your service and internet usage, observe behaviour and compile aggregate data in order to improve or customize our products, services offerings or Our Website/Platform. Cookies do not attach to Your system and damage Your files. You can change your cookie settings to accept or not accept cookies in your browser settings. If you do accept a "cookie", you thereby agree to Our use of any Personal Information collected by Us using that Cookie.
We and Our affiliates or third party service providers and their affiliates may also use "Web Beacons" or clear GIFs, or similar technologies, which are small pieces of code placed on Our Website/Platform or in an email, to monitor the behaviour and collect data about the visitors viewing Our Website/Platform or email.
Security is very important to Us. All security procedures are in place to protect the confidentiality, integrity and availability of Your Personal Information. We maintain strict physical, electronic, and administrative safeguards to protect Your Personal Information including your information from unauthorized or inappropriate access.
We follow generally accepted standards to collect, store and protect personal data, including the use of encryption. We retain personal data for as long as it is needed to provide the services you have requested, and thereafter for legal and service purposes. These may include retention periods mandated by legal, contractual, or similar obligations; for resolving, preserving, enforcing or defending our legal and contractual rights; needed to maintain adequate and accurate business and financial records or how you access, update, or delete your data etc.
Our Website/Platform will take all reasonable efforts to ensure the confidentiality of your personal data, uploaded information etc. and will take reasonable efforts to ensure that the information received from you is not misused. Our Website/Platform also reveals personal data/information uploaded by you in connection with any lawful process. While Our Website/Platform will take the above reasonable measures to guard against misuse of personal data/information submitted to it by you, this website cannot guarantee that someone will not overcome our security measures, including, without limitation, the security measures implemented on this Web site. Therefore, your posting of personal data/ information on this Web site constitutes your acceptance of this risk, and by posting of personal data/information, you waive any right to seek legal relief from this website due to any misuse of your information
We will retain your information as needed to provide you services. When you close your account with Scogo Networks, we would still retain and use your information as necessary to comply with our legal obligations, financial/audit requirements, to resolve disputes, and enforce our agreements. However, we will identify your account in our database as "deleted" or "closed".
Our Website/Platform may contain links to or integrations with other services such as Facebook, Twitter, LinkedIn, and other media services and Website/Platform whose information practices may be different than ours. Visitors should consult these other services' privacy notices as we have no control over information that is submitted to, or collected by, these third parties.
This Privacy Policy is governed by and operated in accordance with the laws of India. If any of the parties wish to seek legal recourse, they may do so by using the courts of law in Mumbai.
We may change this policy from time to time by updating this page without notice. You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically to familiarize yourself with any modifications. Your continued use of our Website/Platform after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
At times, we may tie-up with third parties, brand owners or other affiliates and their affiliates and make available certain offers, events or special schemes. In such instances, Your personal information may be shared with such third parties and/or may become available to them or be disclosed to them, such third parties may have their own applicable privacy rules and We shall not be liable for the use or misuse of Your information by such third parties.
We only collect your Personal Information to conduct our business and to enable us to deliver and improve our services. We do not for any reason whatsoever sell your Correspondence Information to any third party or otherwise trade on it
Data protection laws in certain jurisdictions differentiates between the data controller and data processor of information. In the case of the Website/Platform, User is the data controller and Scogo Networks is the data processor.
Currently customer data is stored in the Mumbai , Asia Pacific Region.
By visiting our Website and registering or logging into our Platform, uploading information on our Website/Platform ; you acknowledge and unconditionally accept the policy. If you do not agree with this Policy, do not use our Website/Platform and services or provide here any of your personal data.
Most rights can be exercised by contacting us at info@scogo.in . Other rights such as rectification of your data can be exercised through your account's portal by dropping Us a mail at info@scogo.in . Data portability requests may be directed to our support staff at info@scogo.in .
If you wish to withdraw (revoke) your consent for the collection, use or of your Information or Personal Information through the Website at any time, please contact us at info@scogo.in. Your withdrawal of consent is not retroactive, since Scogo Networks may already have used your information for the purposes described here; it will be applied on a go-forward basis.
If you have an enquiry or a complaint about the way we handle your personal information, or to seek to exercise your privacy rights in relation to the personal information we hold about you, you may contact us as follows:
By Email: info@scogo.in