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GoGulabi Terms & Conditions

 

The website www.GoGulabi.com and its corresponding mobile application (collectively, the “Platform”) are managed and operated by GoGulabi (“we”, “us”, or “our”). By accessing or using the Platform in any manner, you (“you” or “your”) agree to be bound by these Terms & Conditions (“Terms”).

Your access to services, offers, and promotions provided by GoGulabi or its affiliated sellers may be subject to additional terms and conditions, policies, or guidelines (“Additional Terms”). If there is any inconsistency between these Terms and the Additional Terms, the Additional Terms will apply to the relevant service or offer.

These Terms constitute an electronic record under the Information Technology Act, 2002, and do not require physical or digital signatures.

Please read these Terms carefully before using or accessing the GoGulabi Platform or availing of any service. By using the Platform, you acknowledge and agree to be bound by these Terms & Conditions.


1. Definitions

1.1 “Products” refer to the diverse range of fashion and apparel products listed on the Platform from time to time and offered for sale by independent sellers.

1.2 “Parties”: You and GoGulabi are individually referred to as “Party” and collectively as “Parties”.

1.3 These Terms are divided into two parts. Please carefully read both to understand the conditions applicable for:

  • PART A – Usage of the Platform.

  • PART B – Purchase and sale of Products.


PART A – TERMS AND CONDITIONS FOR USAGE OF THE PLATFORM

2. General

2.1 Scope of Terms
These Terms of Use govern your access and use of the Platform, where you can discover, select, and purchase clothing from independent brands.

2.2 Modifications & Maintenance

  • We may update or modify these Terms of Use at any time.

  • Changes will apply to future transactions, and we recommend reviewing them periodically.

  • We may suspend or modify the Platform for maintenance, updates, or other reasons without prior notice.

2.3 Agreement to Terms
By accessing, browsing, or using the Platform, you agree to:
These Terms & Conditions
GoGulabi’s Privacy Policy
All other applicable policies updated from time to time

2.4 Limited License for Use

  • You are granted a limited, revocable license to access the Platform solely for:

    • Browsing & identifying products

    • Making purchases

    • Processing returns & refunds in accordance with our policy

  • Any unauthorized use of the Platform may result in account termination.

2.5 Eligibility

  • You must be at least 18 years old to use this Platform.

  • If you are under 18, you may only use the Platform under the supervision of a parent or legal guardian.

  • If we find that an underage user is using the Platform without supervision, we reserve the right to deactivate the account.

  • If you are using the Platform on behalf of a company, you represent that you have legal authority to act on its behalf.

 

2. REGISTRATION OF YOUR ACCOUNT

2.1 Creating an Account

To purchase products on GoGulabi and access our services, you must register an account on our platform. Registration is free and a one-time process.

2.1.1 You may register on GoGulabi in one of the following ways:

a. Creating a GoGulabi account – Provide the required information to create an account and complete the necessary forms. After submission, your account will be created.

b. Using a third-party account – You may log in using credentials from a GoGulabi-integrated third-party service (such as Google or Facebook). In this case, you will also be subject to that third party’s terms and conditions.

2.1.2 Mobile OTP Verification

For security purposes, registration on GoGulabi may require OTP verification via your mobile number. To place an order, you must log in and complete OTP verification.

2.2 Account Security

  • You are solely responsible for maintaining the confidentiality of your account credentials and restricting access to your devices.

  • You are liable for all actions taken through your account.

  • If you suspect unauthorized access, you must immediately notify GoGulabi.

  • We are not responsible for any loss or damage due to unauthorized access caused by your failure to secure your account.

2.3 Account Termination

GoGulabi reserves the right to:
✅ Refuse access to the platform
✅ Terminate accounts
✅ Remove or edit content at any time without prior notice


3. COMMUNICATION AND UNSUBSCRIPTION

3.1 Marketing & Service Notifications

By registering on GoGulabi, you agree to receive updates, promotional offers, and important service notifications via SMS, email, or other digital communication methods.

This applies even if your number is listed under DND/NCPR (Do Not Disturb/National Consumer Preference Registry) as per the Telecom Commercial Communications Customer Preference Regulations, 2018.

3.2 How to Unsubscribe

You may opt-out of marketing and promotional communications at any time by following the unsubscribe instructions in our messages.

4. ACCESS TO IMAGES

4.1 User Consent

By accepting these Terms, you provide explicit consent to GoGulabi to access your camera and gallery applications on your device. This access is required to enable GoGulabi to provide its services effectively.

4.2 Image Upload Guidelines

You agree that any image uploaded by you:
Belongs to you or you have the right to upload it.
❌ Does not infringe copyrights or proprietary rights.
❌ Does not contain defamatory, obscene, pornographic, or offensive content.
❌ Does not impersonate another person.
❌ Does not contain viruses or malicious code.
❌ Does not violate any applicable laws, including the Information Technology Act, 2000, the Indecent Representation of Women (Prohibition) Act, 1986, and the Indian Penal Code, 1860.

4.3 License to Use Uploaded Images

By uploading an image, you grant GoGulabi a non-exclusive, royalty-free, worldwide license to:

  • Use, distribute, copy, display, translate, and create derivative works of the images solely in connection with providing services.

4.4 Third-Party Access

Your uploaded images may be accessed, processed, or used by third-party service providers for service delivery. GoGulabi is not liable for any actions taken by third parties.

4.5 Liability for Breach

If you violate this policy, GoGulabi is not responsible for any claims, damages, or liabilities. You agree to indemnify GoGulabi against any legal or financial consequences arising from such breaches.


5. DISCLAIMER OF WARRANTIES, INACCURACIES, OR ERRORS

5.1 Accuracy of Information

  • We strive to provide accurate and up-to-date product and service information.

  • However, we do not guarantee the accuracy, completeness, or reliability of the information provided on the platform.

5.2 User Responsibility

  • The information on the platform is provided for reference only, and you are responsible for evaluating its suitability for your needs.

  • GoGulabi is not liable for any losses resulting from reliance on the platform’s information.

5.3 Visual Representation of Products

  • We provide visual representations (images, videos, infographics) to assist users in making purchasing decisions.

  • However, actual product appearance may vary due to factors like lighting, display settings, and manufacturing differences.

5.4 No Recommendation or Endorsement

  • GoGulabi does not endorse any particular product, process, or service.

  • Use of any product is at your own discretion and risk.

5.5 Limitation of Warranties

We do not guarantee:
✅ The quality, suitability, or accuracy of any product.
✅ The uninterrupted availability of services.
✅ That the platform will be free of errors, viruses, or security issues.

5.6 “As Is” Service Disclaimer

  • GoGulabi provides its platform and services on an “AS IS” basis without warranties of any kind.

  • We disclaim all express or implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

  • We are not responsible for any direct, indirect, incidental, consequential, or punitive damages arising from your use of the platform.

5.7 Liability Disclaimer

To the extent permitted by law, GoGulabi, its officers, agents, employees, and directors shall not be liable for any:
❌ Loss, damage, or expenses due to product defects, errors, or omissions.
Service interruptions caused by external factors (e.g., hacking, technical failures).
❌ Unauthorized access, data theft, or destruction of records on the platform.

6. AVAILABILITY AND ACCESSIBILITY OF THE PLATFORM

6.1 Regional Availability

  • GoGulabi operates from India and does not guarantee that its platform or services are appropriate or available for use outside India.

  • If you access GoGulabi from outside India, you are solely responsible for ensuring compliance with local laws.

6.2 Regional Differences in Services

  • Our product availability and services may differ based on regional laws, shipping policies, and other factors.

  • We do not guarantee that a user in one region can access services from another region. If an order is placed from a non-serviceable region, we reserve the right to cancel or redirect it.

6.3 Product Information & Announcements

  • Information published on GoGulabi may reference products or services that are not available in your country.

  • The availability of any product or service will depend on local business policies.

6.4 Fraud Prevention & Legal Action

  • GoGulabi monitors user accounts to prevent fraudulent activity.

  • Users creating multiple accounts or misusing referral programs may face legal action.

  • We reserve the right to:
    Recover costs for fraudulent transactions.
    Delete accounts and cancel past or pending orders without liability.
    Refuse refunds for fraudulent activities.
    Initiate legal action against users engaging in fraud.


7. THIRD-PARTY INTERACTIONS & LINKS

7.1 Third-Party Transactions

  • While using GoGulabi, you may interact with third-party sellers, advertisers, or external websites.

  • Any transaction, purchase, or agreement made with a third party is solely between you and that third party.

  • GoGulabi is not responsible for any issues arising from these interactions, including delivery, payment, or disputes.


8. COPYRIGHTS IN GOGULABI CONTENT

8.1 Intellectual Property Rights

  • The GoGulabi platform contains text, images, videos, and other materials (“GoGulabi Content”) protected by copyright and intellectual property laws.

  • All content is owned by or licensed to GoGulabi and may not be used without permission.

8.2 Permitted Use

  • You may view and use GoGulabi Content for:
    ✅ Identifying and purchasing products.
    ✅ Processing returns and refunds.
    ✅ Personal use (e.g., saving product details for reference).

8.3 Restricted Use

You may not:
❌ Copy, distribute, modify, or reproduce any part of GoGulabi’s content.
❌ Use content from the platform for commercial purposes.
❌ Remove copyright, trademark, or proprietary notices from GoGulabi materials.
❌ Use automated tools (e.g., bots, data mining software) to extract content from GoGulabi.
❌ Create your own database using GoGulabi’s content.

8.4 Reporting Copyright Infringement

If you believe that your intellectual property rights have been violated, please contact us at support@gogulabi.com with details of the infringement.


9. TRADEMARKS

  • GoGulabi and all related trade names, logos, and product trademarks are legally protected.

  • You may not use GoGulabi’s trademarks in any way that:
    ✅ Suggests a false association with GoGulabi.
    ✅ Promotes a product or service not affiliated with GoGulabi.

10. LICENSE AND USE OF YOUR CONTENT

10.1 Grant of License

By posting any content on GoGulabi, you grant us a royalty-free, perpetual, irrevocable, non-exclusive license to:
✅ Publish, reproduce, distribute, and display your content worldwide.
✅ Use your content in any media or technology for the full term of copyright.
✅ Create derivative works from your content.
✅ Use your feedback, ideas, or suggestions without compensation.

10.2 Content Monitoring & Legal Compliance

  • GoGulabi does not routinely monitor user content, but we reserve the right to do so.

  • If we detect inappropriate or illegal content, we may:
    ✅ Remove it immediately.
    ✅ Report violations to law enforcement authorities.
    ✅ Cooperate fully with investigations.

10.3 User Responsibility & Indemnification

  • Unauthorized use of any material may violate copyright, trademark, and privacy laws.

  • You are solely responsible for any content you post or any actions taken under your account.

  • You agree to indemnify GoGulabi against claims, damages, or liabilities arising from your content.

10.4 Account Termination

  • We reserve the right to terminate or restrict access to your account without notice.

  • If you violate these terms, your license to use the platform is automatically revoked.

  • Upon termination, you must delete any downloaded materials from the platform.


11. USER WARRANTIES AND RESTRICTIONS

11.1 User Representations

By using GoGulabi, you confirm that:
✅ Your use of the platform complies with all applicable laws.
✅ All information provided is true, accurate, and lawful.
✅ Your content does not violate any laws, copyrights, or third-party rights.
✅ You will indemnify GoGulabi for any claims arising from false or misleading information.

11.2 Acceptable Use of the Platform

You may only use GoGulabi for lawful purposes, including:
Browsing & purchasing products.
Accessing services offered by sellers.
Processing returns and refunds.

11.3 Prohibited Activities

You must not:
❌ Modify, delete, or tamper with platform content.
❌ Reverse-engineer or decompile any platform code.
❌ Use GoGulabi for fraudulent or malicious activities.
❌ Spread viruses, trojans, or malicious software.
❌ Attempt to hack or disrupt GoGulabi’s servers.
❌ Post false, misleading, or defamatory statements about GoGulabi.
❌ Scrape or extract data using bots, spiders, or other tools.

11.4 Prohibited Content

You must not upload, store, or share content that:
Belongs to another person without permission.
Encourages hate, violence, or discrimination.
❌ Contains pornographic, obscene, or offensive material.
❌ Promotes gambling, illegal loans, or betting.
Threatens national security, public order, or unity.
❌ Impersonates someone else or misleads users.
❌ Contains viruses or harmful code.

12. INDEMNIFICATION AND LIMITATION OF LIABILITY

12.1 Indemnification

By using GoGulabi, you agree to indemnify, defend, and hold harmless GoGulabi, its affiliates, officers, directors, employees, agents, and representatives from any claims, losses, liabilities, damages, or costs (including legal fees) arising from:
✅ Your use of the platform or services.
✅ Your violation of these terms.
✅ Your infringement of third-party intellectual property rights.

12.2 Limitation of Liability

To the maximum extent permitted by law, GoGulabi and its representatives shall not be liable for:
❌ Any indirect, incidental, or consequential damages (including lost profits or data).
❌ Any inability to use the platform or access services.
❌ Any content uploaded or shared by users.
❌ Any actions or breaches by other users or sellers.

12.3 No Personal Liability

No director, employee, or representative of GoGulabi shall be personally liable for any actions related to the platform or services.


13. ACCESS OUTSIDE INDIA

  • GoGulabi does not guarantee that its content and services are available or appropriate for use outside India.

  • If you access GoGulabi from another country, you are responsible for ensuring compliance with local laws.


14. GOVERNING LAW & JURISDICTION

  • These Terms & Conditions are governed by the laws of India.

  • Any disputes shall be resolved in the courts of Mumbai, India.


15. GRIEVANCE OFFICER

For any complaints or grievances related to data, privacy, or services, you can contact:

📌 Name: [GoGulabi Grievance Officer]
📌 Designation: Grievance Officer
📌 Email: grievance@gogulabi.com


16. FORCE MAJEURE

  • GoGulabi shall not be responsible for any delays or failures in service caused by factors beyond its control, including:
    ✅ Natural disasters.
    ✅ Government restrictions.
    ✅ Cyberattacks or technical failures.


17. WAIVER

  • Failure by GoGulabi to enforce any provision of these terms does not constitute a waiver of that provision.

  • A waiver will only be valid if provided in writing.


18. SEVERABILITY

  • If any clause of these Terms is found to be unenforceable, it shall be removed, but the remaining terms will still be valid.


19. AMENDMENTS

  • GoGulabi reserves the right to update these Terms at any time without prior notice.

  • Users are advised to check the terms regularly.


20. MISCELLANEOUS

✅ You must also comply with third-party terms & conditions, such as banking offers or promotional deals.
✅ These Terms override any previous agreements (oral or written) regarding the use of GoGulabi.


PART B – TERMS AND CONDITIONS OF SALE ON GOGULABI PLATFORM

These Terms and Conditions of Sale (“Terms of Sale”) govern the purchase of products through GoGulabi. By placing an order, you agree to be bound by these Terms.

This is an electronic record under the Information Technology Act, 2000 and does not require physical or digital signatures.


1. OUR CONTRACT OF SALE

1.1 Offer & Acceptance

  • Product listings on GoGulabi serve as an invitation to purchase from small-scale brands (Sellers).

  • Placing an order is your offer to purchase the product(s).

  • Order Confirmation (Email/SMS) is an acknowledgment that we have received your order but does not confirm acceptance.

  • Shipment Confirmation (Email/SMS) is our acceptance of your order, confirming that the product has been dispatched.

  • If your order is shipped in multiple parts, each shipment confirmation will form a separate contract of sale.

1.2 Order Rejection or Cancellation

  • GoGulabi reserves the right to refuse or cancel any order before shipment for any reason.

  • If canceled before dispatch, you will receive a full refund.

1.3 Personal Use Only

  • Products purchased on GoGulabi are for personal use only and not for resale.

  • We may limit the quantity of orders per person or household.


2. RETURN AND REFUND

  • Please refer to our Return & Refund Policy for details on returns, exchanges, and refunds.


3. PRODUCT AVAILABILITY

  • Availability information is displayed on product pages but is subject to change.

  • Dispatch estimates are not guaranteed.

  • If an item becomes unavailable after ordering, we will notify you and issue a full refund.


4. PRODUCT PRICING

  • All prices are in Indian Rupees (INR) and inclusive of all applicable taxes.

  • Prices may change at any time before you place your order.

  • The price at checkout will be the final price charged.


5. LICENSES & PERMISSIONS

  • Certain products may require licenses or permissions as per local laws.

  • Customers are responsible for obtaining such licenses.


6. TAXES

  • Buyers are responsible for any applicable taxes on purchases.


7. ELIGIBILITY

  • Only individuals 18 years or older can transact on GoGulabi.

  • Minors can only purchase products under parental supervision.


8. LIMITATION OF LIABILITY

  • GoGulabi’s liability is limited to the amount paid for the specific order.

  • We are not responsible for:
    ✅ Business losses, lost profits, revenue, data, or goodwill.
    ✅ Indirect, incidental, or consequential damages.
    ✅ Delays or errors caused by third-party sellers, couriers, or payment processors.


9. AMENDMENTS

  • GoGulabi reserves the right to update or modify these Terms of Sale at any time.

  • Users should review these terms regularly before making a purchase.


10. FORCE MAJEURE

  • GoGulabi is not liable for delays or failures due to factors beyond its control, including:
    ✅ Natural disasters.
    ✅ Strikes, lockouts, or labor disputes.
    ✅ Internet or technology failures.
    ✅ Government actions or legal restrictions.


11. WAIVER

  • Failure to enforce a term does not waive GoGulabi’s rights to enforce it later.


12. GOVERNING LAW & JURISDICTION

  • These Terms of Sale are governed by Indian law.

  • Any disputes will be resolved exclusively in the courts of Mumbai, India.


13. MISCELLANEOUS

✅ You must comply with bank offers, brand promotions, and third-party terms linked on GoGulabi.
✅ These Terms override any previous agreements related to product sales on GoGulabi.

Product Review Policy – GoGulabi

By submitting a Product Review on GoGulabi, you grant GoGulabi a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and publicly display your review for marketing and advertising purposes. This includes, but is not limited to, use on our website, social media, newsletters, and promotional materials.


1. Review Moderation & Approval

  • GoGulabi reserves the right to evaluate and moderate all reviews before publishing.

  • Not all reviews will be published—only those that provide useful insights to help other shoppers make informed decisions.

  • Reviews will be published within 72 hours if they comply with this policy.

  • You may edit or modify your review, but the revised version will be subject to further moderation.


2. Prohibited Content

Reviews must not contain any of the following:
Hate speech, offensive, or illegal content (e.g., racism, threats, or violence).
Defamatory, misleading, or false statements about a product, brand, or individual.
Sexually explicit, obscene, or inappropriate content.
Spam, promotional links, or political content.
Personal or sensitive data (e.g., phone numbers, emails, or addresses).
Malicious code, software viruses, or phishing attempts.
Encouragement of fraudulent activities (e.g., fake reviews or paid endorsements).

If a review is found to violate these guidelines, GoGulabi reserves the right to remove it and may restrict the user’s access.


3. Review Submission & Eligibility

  • Only verified customers who have purchased and received the product can submit a review.

  • Reviews can be submitted via:
    ✅ The Order History page.
    ✅ A review widget available across GoGulabi’s platform.


4. Rights & Liabilities

By submitting a review, you:

  • Confirm that you own or control all rights to the content.

  • Warrant that your review is true, lawful, and accurate.

  • Agree to indemnify GoGulabi from any claims or legal issues arising from your review.

  • Waive any right to compensation for the use of your review in promotional materials.

GoGulabi reserves the right to amend this policy at any time without prior notice. By submitting a review, you accept these terms.