INTRODUCTION

 

Welcome to BharatGo, a brand owned by Megapod Techworks Private Limited. Throughout this document, "BharatGo" “Company”, "we" "our" or "us" refer to Megapod Techworks Private Limited.

 

BharatGo provides innovative digital solutions through its web-based platform, including the 'BharatGo' app, collectively referred to as the "BharatGo Platform." This platform empowers merchants to create their own online store by themeself and connect with their customers through various means, including social media, WhatsApp, online ordering, in-store ordering, etc., as well as integrations with bank/payment gateways and delivery partners. Merchants can also use the platform to create and manage their own websites, as well as run advertising campaigns, among other features offered from time to time, collectively referred to as "BharatGo Services."

 

It's important to note that BharatGo primarily operates as a business-to-business (B2B) entity, providing technological solutions through the BharatGo Platform to various businesses. Please note that BharatGo does not engage in activities that would classNameify it as a reseller, seller, retailer, stockist, or distributor.

 

Each registered merchant on the BharatGo Platform, referred to as "Merchant" or “You”, is provided with an exclusive URL ("BharatGo URL") for the purpose of availing BharatGo Services to serve their customers, herein referred to as "Customer" or “Buyer”. Additionally, BharatGo offers a mobile application called the 'BharatGo My Store App' ("BharatGo Mobile App") to assist Merchants with tasks such as registration, store creation and order processing. BharatGo, at its sole discretion, may also extend support for the development of independent domain(s)/URLs for Merchants, along with various marketing features and additional services introduced over time.

 

By accessing or using the BharatGo Services or BharatGo Applications (comprising the BharatGo Platform, BharatGo URL, and BharatGo Mobile App), you agree to abide by these Terms and Conditions. It is recommended that Merchants also familiarize themselves with the Customer's Terms & Conditions before using the BharatGo Applications. If you do not consent to these Terms and Conditions or the Customer's Terms & Conditions, please refrain from using the BharatGo Services/Applications or registering as a Merchant. By utilizing the BharatGo Services/Applications, you unconditionally accept these Terms and Conditions, as well as any additional policies established by BharatGo from time to time.

 

AMENDMENT

 

The Company retains the right to modify the Platform and/or revise these Terms and/or Policies at any time. This includes the authority to deny access, terminate membership, and delete accounts of individuals whom the Company believes have violated the provisions of the User Agreement.

 

Please be aware that any amendments to the User Agreement, which are incorporated herein by reference, will be communicated solely on publicly accessible links on the Platform. By accessing, browsing, or using the Platform, you acknowledge and agree that such publication shall immediately serve as sufficient notice to you for all intents and purposes. The updated version/terms will be in effect from the moment the Company posts them on the Platform.

 

The Company is not obligated to provide advance notice to Users for any changes to the User Agreement that, in the Company's opinion, may either diminish the User's existing rights or impose additional obligations. You comprehend and hereby acknowledge that the determination of whether proposed amendments to the User Agreement have such effects will be made solely at the discretion of the Company.

 

REGISTRATION

 

All merchants are required to register on the BharatGo Platform (web or app) to utilize our services, which may include creating your own store yourself and selling products directly to your Customers using your store link created using the BharatGo platform. Registration involves completing the onboarding process, providing necessary Know Your Customer (KYC) documents, and linking your bank account.

 

 

Merchants are responsible for strict compliance with all applicable laws and regulations, and obtaining any necessary licenses, permits, registrations, and authorizations required for their operations.

 

Merchants are aware and accept that they are solely responsible for paying any applicable taxes, levies, charges, duties, related to their store created on BharatGo Platform. This includes but not limited to making payment of GST wherever applicable for purchases and Customer Orders.

 

If BharatGo suspects or learns of any fraudulent activity/transaction or in any activity that violates applicable law, these T&Cs, or any other policy of BharatGo then BharatGo shall, among other things, have the right to withhold the amounts due to the Merchant from its Customer(s) and/or suspend your account until the matter/dispute is resolved.

 

You bear the exclusive responsibility for maintaining the confidentiality and security of your login credentials, which encompass your username, password, OTP, and any user code you may have.

 

By using BharatGo Platform, you acknowledge that anyone possessing your username, password, and code will be granted the same level of access as you, and you will be held accountable for all activities conducted under your username, password, and any code. If you are a registered user on the Platform, it is your duty to safeguard the confidentiality of your account access information and password. You are accountable for any and all usage of your account and password, regardless of whether it was authorized by the Merchant.

 

Should you become aware of any actual or suspected unauthorized use of your account or password, it is imperative to promptly inform the Company. While the Company, along with its directors, shareholders, affiliates, employees, associates, contractors, interns, or agents ("Personnel"), shall not bear any responsibility for losses resulting from a breach in the confidentiality of your username, password, user code, or any unauthorized use of your account, you will be held liable for any losses incurred by the Company or other relevant parties due to such unauthorized use.

 

You affirm that your sole intention in registering on or using the Platform is to technically facilitate the operation of your legitimate online business. You commit to refraining from using the Platform for any purpose other than the aforementioned, and for any purposes that are prohibited under applicable law.

 

USER INFORMATION & RESPONSIBILITIES

 

Merchants are obligated to provide accurate, valid, and up-to-date information on the BharatGo Applications. This includes, but is not limited to, pricing, inventory, menu, customer data, inputs, discounts, taxes, and other requested information.

 

You commit to furnishing accurate, current, and complete information when registering on the Platform or for any other purposes as prompted.

 

Certain details provided in your profile on the Platform may reveal aspects of your private life and more general information about you. You are voluntarily and expressly accepting the terms of the User Agreement by supplying such information, including data categorized as "personal" or “sensitive” as per applicable laws. This is entirely at your discretion.

 

To utilize our Services, you will need specific devices, software, and data connections, which are not provided by us. As long as you use our Services, you agree to download and install updates, including automatic installations.

 

You are responsible for all charges related to your carrier data plan and other associated fees and taxes for using our Services. We may bill you for our Services, including applicable taxes. Refunds, unless mandated by law, are not provided for our Services.

 

The Company holds no responsibility for the authenticity of personal information or sensitive data supplied by you to the Company or any authorized representative.

 

Impersonating another user or misrepresenting your identity is strictly prohibited. You are obliged to keep the information provided during registration, verification, or for any other purpose on the Platform accurate, current, complete, and non-misleading at all times.

 

If you furnish information that is untrue, inaccurate, misleading, not current, or incomplete, or if the Company has reasonable grounds to believe so, the Company reserves the right to suspend, terminate, or block your access to the Platform indefinitely. If any other user or party acts upon such information provided or verified by you, the Company and its personnel are not liable for any resulting damages, losses, direct or indirect, immediate or remote, interests, or claims to you or any third party. You hereby agree to indemnify and hold harmless the Company and its personnel in accordance with the Indemnity clause outlined in these Terms.

 

Upon registering on the Platform, you grant the Platform access to your mobile device for purposes such as locating and keeping track of mobile phone numbers of other users, accessing your location, inbuilt or other storage on your mobile device, internet access, vibration control, accounts on your mobile device, and any other data or information downloaded, added, edited, stored, processed, used, or deleted on or from your mobile device.

 

DIGITAL CORRESPONDENCE/COMMUNICATION

 

You undertake to stay informed about all information, data, and correspondence/communication related to you that is made accessible on the Platform by the Company. Furthermore, you acknowledge that your utilization of the Platform or submission of any data or information, including any correspondence (whether by email or other means) to or from the Company, is conducted through electronic records. You consent to receiving communications from the Company through electronic documents, including emails and/or SMS, which will be considered sufficient for service of notice or as an electronic record.

 

Please be aware that you may be responsible for any charges associated with such access (including text messaging fees for messages from your mobile device). Our communications to you may encompass information informing users about various features of our services. The Company may also dispatch promotional material unless you have chosen not to receive such information.

 

Certain communications/notifications, such as service announcements and administrative messages, may be essential for us to provide you with our Services. These communications are regarded as integral components of the Services and your account, and you may not have the option to opt out of receiving them. If you have included your phone number in your account details and subsequently modify or deactivate that phone number, it is imperative that you update your account information to prevent inadvertent communication with anyone who acquires your former number.

 

 

SPECIFIC TERMS & CONDITIONS FOR BHARATGO SERVICES

 

ORDERING, DELIVERY AND PAYMENT

 

Ordering:

BharatGo Applications empower Merchants to list products, offer their online store, sell, accept, and confirm orders for their products from Customers ("Orders") by providing comprehensive product details.

 

Merchant's Responsibility:

Merchants bear exclusive accountability for the quality, efficiency, availability, and marketability of their products and services. Moreover, Merchants must refrain from offering, selling, or delivering any products or services via BharatGo Applications that are unlawful, prohibited, restricted, or non-compliant with applicable laws.

 

Self Pick-up / Delivery:

Customers have the choice of either personally self-pickup their Orders from the Merchant's establishment or opting for delivery to their provided address via the BharatGo URL. It is essential to note that the Merchant, whether directly or through a third party, is solely accountable and responsible for Order delivery to Customers.

 

Delivery Services:

 

The Company, at its sole discretion and when possible, may facilitate third-party delivery services for Merchants to fulfill their Customers' orders. It is expressly understood that the Company does not exercise control over these services and, as such, cannot assume any responsibility or accountability for factors including but not limited to availability, delivery fee fluctuations, RTO (Return to Origin), and related matters.

 

The provision of this service is made on an "as is," "as available," and "with all faults" basis. Merchants bear full responsibility and accountability for ensuring the successful delivery of orders to their customers, regardless of the availability of the delivery service. Merchants are required to verify if a delivery partner has been assigned, and in the event that the delivery service is unavailable, it is the Merchant's duty to make alternative arrangements for order delivery to the customer.

 

Any additional charges related to delivery, RTO, or re-attempted delivery shall be borne by the Merchant. The Company reserves the right to deduct any such additional charges from the Merchant's settlements. This provision is binding upon all parties and shall be considered an integral part of this agreement.

 

Furthermore, in the event of any changes in delivery arrangements, it is the Merchant's responsibility to promptly inform the customer about the revised details to ensure a seamless delivery experience.

All disputes related to Order delivery shall be directly settled between the Merchant and the Customer, without intervention from BharatGo.

 

Pricing:

Merchants are required to guarantee that the products listed on the BharatGo URL are sold at the Maximum Retail Price (MRP), unless explicitly specified otherwise. Normally, the price indicated at the time of ordering will be the amount billed on the date of delivery. However, if prices for specific products/items differ on the date of actual delivery, any additional or reduced amount will be adjusted with the Customer accordingly by the Merchant and the Company may not play any role in such cases.

 

Online Payments Process:

Online Payments are facilitated through third-party payment gateways, payment aggregators, payment partners, or partner banks. These entities subsequently settle or transfer the payment to BharatGo in accordance with the timelines stipulated by applicable law. The payment, after deducting BharatGo charges, is then settled or transferred to the Merchant by BharatGo.

 

Payment

 

In all transactions between the Merchant and the Buyer, the Merchant agrees to remit an amount equal to 2% of the transaction value ("Transaction Fees") to the Company. The Merchant acknowledges that the Transaction Fees may be subject to change, and any such alterations will be duly posted on the Platform.

 

We employ third-party service providers or payment gateways to handle payments related to the purchase of products offered by the Merchants to Buyers.

 

The relevant third-party service provider shall transfer the amount paid by the Buyer for an Order (after deducting the Transaction Fees) to the Merchant's account, within 2 working days from the Buyer receiving the goods/services pursuant to such an Order.

 

To facilitate Buyers' use of paid services on the Platform, the Company, at its sole discretion, enables the provision of a Pay Facility by a third-party service provider on the Platform. This Pay Facility facilitates automated collection and remittance services through various Indian banks, financial institutions, credit/debit/cash card brands, third-party service providers, payment card industry issuers, and other infrastructure and facilities authorized by the Reserve Bank of India for collection, refund, and remittance, as applicable. The Pay Facility shall be utilized in accordance with these Terms.

 

The Pay Facility may support payments via credit/debit cards from banks available when selecting it as the payment method, or through cash. The Pay Facility may also support payments via UPI and mobile wallet options. However, payment mechanisms may be added, removed, or suspended by one or more banks directly or through payment gateway facilitators, and such changes shall become effective upon publication on the website of such third-party service provider.

 

The Pay Facility is provided to Buyers to facilitate payments. If incorrect bank account details are used by the Buyer, the Company shall not be held responsible for any monetary loss. In the event of technical failures during a transaction that result in payment issues, you can contact us at contact@bharatgo.com. However, the Company shall not be liable for transaction failures or payment issues. You assume sole responsibility for all risks associated with money transfers or payments to the Merchants, whether done through a third-party payment gateway or not. Any disputes regarding delayed or failed payments must be resolved by You, directly with the third-party payment gateway.

 

You agree and acknowledge that the Company is not acting as a trustee or in a fiduciary capacity in relation to the payment transaction, by providing the Pay Facility or any other payment method to its Buyers.

 

While using any of the payment methods available on the Platform, we shall not be responsible or assume any liability for any loss or damage directly or indirectly incurred by You due to:

 

  1. Lack of authorization for any transaction;

  2. Exceeding the mutually agreed preset limit between You and the "Banks";

  3. Any payment issues arising from the transaction; or

  4. Rejection of the transaction for any other reason.

 

All payment transactions are subject to approval by Your respective issuing bank. In case Your bank declines authorization for payment, the Merchant reserves the right to cancel the Order without any further liability. Additionally, You agree that we/Merchants shall not be held responsible for any delays in delivery caused by a delay in payment authorization by Your bank/financial institution.

 

You acknowledge and agree that You shall not use credit card/debit card/net-banking or any other payment instrument that You do not lawfully own.

 

All payments made for purchases/services on the Platform by You shall be made compulsorily in Indian Rupees, acceptable in the Republic of India. The Platform shall not facilitate transactions in any other form of currency for purchases made on the Platform.

 

The Merchants have expressly authorized the Company or its service providers to electronically collect, process, facilitate, and remit payments to and from other Buyers in respect of transactions through the Pay Facility.

 

Your relationship with the Company is on a principal-to-principal basis. By accepting these Terms, You agree that the Company is an independent contractor for all purposes and does not have control or liability for the products or services listed on the Platform that are paid for using the Pay Facility. The Company does not guarantee the identity of any Buyer, nor does it ensure that a Buyer or a Merchant will complete a transaction.

 

You understand, accept, and agree that the Pay Facility provided by the Company is neither a banking nor financial service. It is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through ‘cash on delivery’, collection, and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Furthermore, by providing the Pay Facility, the Company is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.

 

Payment Facility for Buyers:

 

As a Buyer, You understand that initiating a transaction means entering into a legally binding and enforceable contract with the Merchant to purchase products and/or services using the Pay Facility, and You shall pay the transaction price through Your issuing bank to the Merchant using Pay Facility.

 

As a Buyer, You shall be entitled to claim a refund of the transaction price from the Merchant (as Your sole and exclusive remedy) in case You do not receive the delivery of the goods or services being sold by the Merchant within the agreed-upon time period of the transaction.

 

As a Buyer, You understand that a refund may not be available in full or in part for certain categories of products and/or services and/or transactions, and hence You may not be entitled to a refund for transactions involving those products and/or services.

 

Except for ‘cash on delivery’ transactions, any refund shall be made to the same issuing bank from which the transaction price was received, or through any other method available on the third-party

 

Payment to the Merchant:

 

As consideration for providing BharatGo Services, BharatGo may charge or receive payment from the Merchant, including fees, Per Transaction Fixed Charge, or Payment Service Charge per transaction, as determined and communicated by BharatGo from time to time. The Merchant explicitly authorizes BharatGo to deduct such charges, unless disputed by the Merchant. The Merchant acknowledges and agrees that disputes arising from such deductions may result in the suspension of the Merchant's account from BharatGo Applications until resolution between the Parties.

 

Cancellation:

 

Customers are not permitted to cancel their Orders or any products therein. Only the Merchant may cancel an Order if they are unable to fulfill the Customer's request for any reason, including but not limited to unavailability of the products/items.

 

Cancellation or Rejection of Orders/Items:

 

In the case of pre-paid Orders, if an Order or any specific item(s) therein is cancelled or rejected by BharatGo or the Merchant due to any reason (including but not limited to unavailability), the amount equivalent to the price of the cancelled or rejected Order/item, along with the applicable GST amount, will be refunded to the Customer. This amount will typically be credited within 3-5 business days from the date of cancellation or rejection.

 

Unsuccessful Order Payment:

 

For pre-paid Orders, if an amount for an Order or item therein is debited from the Customer's account/card but the Order is not successful, the relevant amount, along with the applicable GST amount, will be refunded to the Customer. This amount will typically be credited within 3-5 business days from the payment date. The Merchant explicitly acknowledges that they are not entitled to any such amount for Orders that are not successful.

 

Order Limits/Restrictions:

 

BharatGo and/or the Merchant retain the right to impose necessary limits or restrictions on Orders, including but not limited to limitations on the number of Orders by a specific Customer and minimum and maximum Order values and Delivery Area limitations or restrictions.

 

Rewards:

BharatGo may, at its sole discretion, extend rewards or cashbacks to one or all Merchants in accordance with its internal policies. All aspects and policies regarding these rewards/cashbacks, including introduction, eligibility, amount, criteria, mode, modification, payment, and withdrawal, will be determined solely by BharatGo. In the event of any misuse, abuse, or fraudulent activity related to rewards/cashbacks, BharatGo reserves the right to withhold and/or adjust Merchant payments.

 

 

DOMAIN ACQUISITION, RENEWAL AND TRANSFER

 

Domain Services by BharatGo:

 

BharatGo, at its sole discretion and when possible, may extend custom domain services to Merchants allowing for the acquisition, renewal, and transfer of domains through the BharatGo Platform, subject to the following conditions:

 

  1. The Merchant acknowledges that the use of the domain is subject to the terms and conditions stipulated by ICANN and accredited registrars, as periodically amended.

 

  1. The Merchant understands and agrees that the domain services provided herein by BharatGo are offered on an "as is," "as available," and "with all faults" basis. BharatGo explicitly disclaims all warranties, whether statutory, express, or implied, including but not limited to any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.

 

  1. The Merchant shall refrain from employing the domain/site for any illicit, deceptive, abusive, fraudulent, or similar activities.

 

  1. BharatGo reserves the right to refuse, cancel, terminate, suspend, restrict access to, lock, or modify access to the domain for any reason whatsoever.

 

  1. The domain cannot be resold, transferred, or combined with any other offer without the prior written consent of BharatGo.

 

  1. BharatGo reserves the right to impose fees on domain/site transfers as it deems appropriate.

 

  1. Pricing is applicable for the purchase term exclusively.

 

  1. Renewal pricing for the product is subject to change.

 

  1. The domain may be automatically renewed unless terminated.

 

  1. All payments made to BharatGo are non-refundable unless otherwise determined by BharatGo.

 

  1. BharatGo retains the right to alter its prices and fees at any time.

 

Merchant's Control of Independent Domains/URLs:

 

Regarding independent domain(s)/URLs, it is explicitly clarified that BharatGo serves solely as a technology provider and website developer. BharatGo does not engage, govern, or instruct any activity/job, nor provide services through independent domain(s)/URLs. Merchants have complete control over independent domain(s)/URLs and the content displayed thereon. BharatGo bears no responsibility for ascertaining whether the independent domain name(s)/URL selected or used by Merchants or others infringe upon the legal rights of third parties. It is the sole responsibility of the Merchant to ascertain whether the selected or used domain name(s) infringes the legal rights of others.

 

 

GOOGLE ADS SERVICES

 

BharatGo, at its sole discretion and when possible, may facilitate Merchant(s) in creating Google Ads (“Google Ads Services”). Merchants may create and run Google Ads Services from the BharatGo Platform subject to the following conditions:

 

  1. The Merchant understands and acknowledges that the use of Google Ads Services will be subject to the terms and conditions imposed by Google (as amended from time to time).

 

  1. The Merchant hereby acknowledges and agrees that the Google Ads Services provided herein by BharatGo are on an "as is", "as available", and "with all faults" basis. BharatGo explicitly disclaims all warranties, whether statutory, express, or implied, including but not limited to any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.

 

  1. The Merchant shall not use the Google Ads Services for any illegal, false, abusive, fraudulent, prohibited items (as updated by BharatGo from time to time) or likewise activities/products.

 

  1. Google reserves the right to suspend the Google Ads Services at any time without any prior notice/intimation.

 

  1. BharatGo reserves the right to deny, cancel, terminate, suspend, cease access, lock, or modify access to the Google Ads Services for any reason whatsoever.

 

  1. Google Ads Services cannot be resold, transferred, or combined with any other offer without the prior written consent of BharatGo.

 

  1. Pricing is valid for the purchase term only; the Merchant shall pay a one-time payment for Google Ads Services as per the plans offered by BharatGo. Google Ads Services cannot be stopped/suspended by Merchant till the payment is consumed for the Google Ads Services.

 

  1. Google Ads Services cannot be renewed unless otherwise decided by BharatGo. All amounts paid to BharatGo are non-refundable unless otherwise decided by BharatGo. BharatGo reserves the sole right to change its prices and fees at any time.

 

GOOGLE WORKSPACE AND OTHERS

 

BharatGo, at its sole discretion and when possible, may assist Merchant in the purchase/renewal of emails as a workspace solution (“Google Workspace”) from the BharatGo Platform subject to the following conditions:

 

  1. The Merchant acknowledges that the use of Google Workspace by the Merchant is subject to the terms and conditions set forth by Google, which may be updated from time to time.

 

  1. The Merchant acknowledges and agrees that the services provided by BharatGo for Google Workspace are offered on an "as is," "as available," and "with all faults" basis. BharatGo explicitly disclaims all warranties, whether statutory, express, or implied, including but not limited to any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.

 

  1. The Merchant shall refrain from engaging in any illegal, false, abusive, fraudulent, or similar activities through Google Workspace.

 

  1. BharatGo reserves the right to deny, cancel, terminate, suspend, cease, lock, or modify access to Google Workspace for any reason whatsoever.

 

  1. Google Workspace cannot be resold, transferred, or bundled with any other offer without prior written consent from BharatGo.

 

  1. Google Workspace is provided on an annual basis only. Pricing is applicable for the purchase term and is subject to change for subsequent renewals.

 

  1. Google Workspace may undergo automatic renewal unless terminated. All payments made to BharatGo are non-refundable unless otherwise determined by BharatGo. BharatGo retains the exclusive right to modify its prices and fees at any time.

 

SUBSCRIPTION PLANS

 

Merchants have the option to purchase a comprehensive package for transitioning their new/existing/offline establishments to an online platform or upgrading their existing accounts with a subscription plan(s) ("Subscription Plan”, “Plans”). These plans encompass various features, which may be updated by BharatGo periodically, and can be accessed through the BharatGo Platform, subject to the conditions outlined below:

 

  1. The Merchant acknowledges that the Subscription Plan(s) entail a paid subscription, opted for voluntarily and without any form of coercion or compulsion. The amount paid for Subscription Plan(s) includes all applicable taxes. It is understood and agreed by the Merchant that BharatGo operates under a no-refund policy. Once a subscription is procured, refunds will not be issued. Upgrading the subscription plan is possible, subject to the payment of any differential amount, at the discretion of BharatGo. Downgrading of the theme/subscription plan may be undertaken without incurring additional charges, at the discretion of BharatGo, with no refund provided for the amount paid. BharatGo reserves the right to modify, amend, or cancel any offer, subscription plan, terms of Subscription Plan(s), or subscription fees, at its sole discretion, with or without prior intimation to the Merchant. Subscription charges are subject to revision or increase at the discretion of BharatGo.

 

  1. The Merchant hereby acknowledges and agrees that the services provided in the Subscription Plan(s) are offered by BharatGo on an "as is," "as available," and "with all faults" basis. BharatGo explicitly disclaims all warranties, whether statutory, express, or implied, including but not limited to any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.

 

  1. The Merchant shall refrain from using the Subscription Plan(s) for any illegal, false, abusive, fraudulent, or similarly inappropriate activity.

 

  1. BharatGo reserves the right to deny, cancel, terminate, suspend, cease access, lock, or modify access to the Subscription Plan(s) for any reason whatsoever.

 

  1. Subscription Plan(s) cannot be resold, transferred, or combined with any other offer without the prior written consent of BharatGo. Pricing is valid only for the purchase term; product renewal pricing is subject to change.

 

  1. Subscription Plan(s) may be automatically renewed unless terminated. BharatGo retains the exclusive right to alter its prices and fees at any time.

 

 

 

ADDITIONAL TERMS AND CONDITIONS

 

BharatGo’s Limited Liability & Disclaimer:

 

BharatGo expressly disavows any representation, warranty, or guarantee, whether express or implied, about the BharatGo Services, BharatGo Platform, BharatGo URL, and BharatGo Mobile App. To the maximum extent permitted by law, BharatGo absolves itself from any liability arising out of the Merchant’s use or reliance upon these services.

 

Apart from other limitations and exclusions in these T&Cs, under no circumstances shall BharatGo, its directors, officers, employees, interns, agents, or other representatives be liable for any direct, indirect, special, incidental, consequential, or punitive damages, or any other damages of any kind, connected to BharatGo Services, BharatGo Platform, BharatGo URL, and BharatGo Mobile App.

 

BharatGo assumes no liability to the Customers for any product(s) or service(s) provided by the Merchant, or any liability associated therewith. Any claims pertaining to these matters shall be resolved directly between the Merchant and the Customer.

 

BharatGo neither attests to the specifics (such as quality, value, saleability, merchantability, etc.) of the product(s) or service(s) listed or offered for sale or purchase on the BharatGo Applications, nor does it explicitly or implicitly endorse or support the sale or purchase of any such items on the platform.

 

BharatGo accepts no responsibility for any error, omission, breach, or non-performance, whether on its own behalf or on behalf of third parties (including the Merchant).

 

Any contract for the sale of any product(s) or service(s) on the BharatGo Applications shall strictly be a bilateral contract between the Merchant and Customer. The Merchant shall bear sole responsibility for order fulfilment, sale, efficacy, quality, quantity, merchantability, delivery, and all other relevant matters. BharatGo shall not be held liable for any such aspects or issues, or for any loss or damage related to them. In case of complaints from the Customer regarding such matters, BharatGo shall communicate the complaints to the Merchant. The Merchant shall promptly address the Customer’s complaints. BharatGo shall not be liable if the Merchant fails to satisfactorily resolve said complaints. Customers retain the right to pursue appropriate legal action against the Merchant.

 

BharatGo plays no role or assumes no responsibility in the actual sale, delivery, or fulfilment of the Orders. It merely provides a platform to facilitate Orders. Furthermore, BharatGo shall not be accountable for any payment-related issues at either the Merchant’s or Customer’s end (including, but not limited to, chargeback or refund related issues).

 

The details of items, products, menu, price list, etc., available on the BharatGo Applications are based on the information provided by the Merchant. BharatGo shall not be responsible for any change, cancellation, or unavailability.

 

In addition to the aforementioned terms, the terms and conditions of the Merchant (if any) shall also apply to the transactions specified in these T&Cs. The Merchant shall communicate such terms and conditions to the Customer in advance.

 

Privacy / Data Protection:

In the process of registration with BharatGo and while availing BharatGo Services, BharatGo may collect certain personally identifiable information about the Merchant, including name, email address, mobile phone number, contact details, and bank account information.

 

BharatGo is committed to safeguarding the personal information of the Merchants and takes all reasonable precautions to maintain the confidentiality of such information. It has implemented reasonable security practices and procedures commensurate with the information assets being protected, and aligned with the nature of its business. These measures include technical, operational, managerial, and physical security controls to protect the personal information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction.

 

To this end, BharatGo has formulated a privacy policy ("Privacy Policy") which, among other things, applies to users of the BharatGo Applications and other BharatGo platforms. This Privacy Policy has been published in compliance with the (Indian) Information Technology Act, 2000, and the rules/regulations framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and is accessible at https://www.bharatgo.com/privacy-policy.

 

 

 

MISCELLANEOUS

 

Third-Party Links / External Links:

While the Platform may include links to advertisement banners and information about external services and resources provided by third parties, we do not provide any explicit or implied warranties or guarantees regarding the content, services, and information available on these linked websites. Any inquiries or concerns about such services or resources, or any links leading thereto, should be addressed directly to the respective service or resource provider. These links are provided solely for the convenience of Platform visitors. You have the option to visit any of the linked websites entirely at your own discretion; however, we do not accept responsibility for the results or outcomes of such interactions.

 

Limited Sub-License:

BharatGo grants a restricted sub-license for you to access and use the BharatGo Applications for personal purposes, with the condition that you shall not modify it or any part of it without the explicit written consent of BharatGo. This license does not encompass any resale or commercial exploitation of BharatGo Applications or its contents; any collection and use of product listings, descriptions, or prices; any derivative use of BharatGo Applications or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, scraping, scrawling, robots, or similar data gathering tools. Reproduction, duplication, copying, sale, resale, visitation, or any form of commercial exploitation of BharatGo Applications or any part thereof without the express written consent of BharatGo is strictly prohibited. It is explicitly stated that BharatGo shall not be held accountable for any copyright or intellectual property issues concerning the suggested product images (as available on the BharatGo Applications) and those uploaded by the Merchant.

 

Eligibility:

The services offered through the BharatGo Applications are exclusively available in select regions of India. Individuals who are deemed "incompetent to contract" as per the Indian Contract Act, 1872, including undischarged insolvents, etc., are not eligible to utilize the BharatGo Applications.

 

To utilize the Platform, it is a prerequisite that you are at least 18 (eighteen) years old. Only individuals who have the legal capacity to enter into binding contracts under the Indian Contract Act, 1872, may use or access the Platform.

 

The Company holds no responsibility in the event that false information, including age, is provided by the User. The User, along with their legal or appointed guardian, shall bear sole responsibility for any resulting consequences in accordance with the applicable laws of the User's respective country.

 

The Company explicitly disclaims any liability arising from unauthorized utilization of the Platform. If you are a minor, any third-party liability stemming from your use of the Platform will be your sole responsibility. If you are a minor, you may only use the BharatGo Applications under the supervision of a parent or legal guardian who agrees to abide by these T&Cs.

 

Indemnification:

You undertake to defend, indemnify, and hold harmless BharatGo, its employees, directors, officers, interns, agents, and their successors and assigns from any and all claims, liabilities, damages, losses, costs, and expenses, including attorney's fees, resulting in any loss, damage, or liability to BharatGo, Customer, or any third party, arising from (including but not limited to) breach of any warranties, representations, or undertakings, or in relation to the non-fulfillment of any of your obligations under these T&Cs, or arising out of your violation of any applicable laws or regulations.

 

Electronic Record:

This document constitutes an electronic record in terms of the Information Technology Act, 2000 and the rules made thereunder, as applicable and as amended from time to time.

 

Modification:

BharatGo reserves the right to amend or alter these T&Cs and other BharatGo policies at any time by posting the changes on the BharatGo Applications/website. You are responsible for keeping yourself informed of such changes. Your continued use of the BahratGo platforms and services after any such change is posted constitutes your unconditional acceptance of the amended T&Cs/policies.

 

Termination:

BharatGo may terminate this agreement / T&Cs at any time and may do so immediately without notice, consequently denying you access to the BharatGo Applications. Any such termination will be without any liability to BharatGo.

 

Confidentiality:

 

Any exchanges between you and the Company, along with any sensitive data shared with or received from the Company, and all data pertaining to the Company's business dealings with any entity or individual, whether or not there exists a confidentiality obligation, must be treated with utmost confidentiality by you. This holds true regardless of whether such information or data has been labeled as confidential, unless expressly allowed otherwise in written communication with the Company.

 

Moreover, the Company reserves the right to divulge any confidential information, on a confidential basis, to potential or existing investors, whether strategic or financial, partners, or service providers, excluding other users of the Platform.

 

This obligation of confidentiality will persist even after the conclusion of the agreement and the deactivation of the user account associated with the concerned individual.

 

Severability:

Should any provision of these T&Cs be deemed illegal, invalid, or otherwise unenforceable by the laws of any state or country where these T&Cs are intended to be effective, it shall be severed and deleted within the jurisdiction where it is illegal, invalid, or unenforceable. The remaining T&Cs shall continue to be binding and enforceable, remaining in full force and effect.

 

Governing Law and Jurisdiction:

Notwithstanding the above, these terms and conditions shall be interpreted in accordance with the applicable laws of India, and the Courts at Pune, Maharashtra shall hold exclusive jurisdiction over any proceedings arising out of these terms and conditions/between BharatGo and the Merchant.