Welcome to Happygo. This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3 ) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Happygo marketplace platform – www.Happygo.in (hereinafter referred to as “Platform”)
The Platform is owned by Innovative Figital Private Limited, having its registered office at Buildings 24-52, Ramanaidu pet, Machilipatnam, Andhra Pradesh -521001, India.
Your use of the Happygo and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Happygo including the applicable policies which are incorporated herein by way of reference. By mere use of the Happygo, You shall be contracting with Innovative Figital Private Limited, the owner of the Platform. These terms and conditions including the policies constitute Your binding obligations, with Happygo.
For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on Platform by providing data while registering on the Platform as Registered User. The term “Happygo”,“We”,“Us”,“Our” shall mean Innovative Figital Private Limited and its affiliates.
When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Happygo Policies including but not limited to Privacy Policy as amended from time to time.
1. User Account, Password, and Security:
If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform.
You agree to
● immediately notify Happygo of any unauthorized use / breach of your password or account
● ensure that you exit from your account at the end of each session.
2. Services Offered:
Happygo provides a number of Internet-based services through the Platform. One such Service enables Users to purchase original merchandise such as clothing, footwear and accessories from various fashion and lifestyle brands (collectively, “Products”). The Products can be purchased through the Platform through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. No return or exchange of product is possible. In addition, these Terms of Use may be further supplemented by Product specific conditions, which may be displayed with that Product.
Happygo does not warrant that Product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
3. Platform for Transaction and Communication:
The Users utilize to meet and interact with one another for their transactions on the Platform. Happygo is not and cannot be a party to or control in any manner any transaction between the Happygo’s Users. Henceforward:
● All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Happygo does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
● Happygo does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform.
● Happygo is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Happygo cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform.
● At no time shall Happygo hold any right, title or interest over the products nor shall Happygo have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers.
● The Happygo is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Happygo is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall Happygo hold any right, title or interest over the products nor shall Happygo have any obligations or liabilities in respect of such contract. Happygo is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
● Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by the seller may be incorrectly reflected and in such an event the seller may cancel such your order(s).
● You release and indemnify Happygo and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Happygo and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Happygo cannot take responsibility or control the information provided by other Users which is made available on the Platform.
4. User Conduct and Rules on the Platform:
You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles:
● You shall not host, display, upload, modify, publish, transmit, update or share any information which:
– belongs to another person and to which You do not have any right to
– is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever
– is misleading in any way
– involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”
– promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
– infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity
– contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page)
– provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses
– contains video, photographs, or images of another person (with a minor or an adult).
– tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users
– interferes with another USER’s use and enjoyment of the Platform or any other individual’s User and enjoyment of similar services
– infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products
– violates any law for the time being in force
– threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to thecommission of any cognizable offence or prevents investigation of any offence or is insulting any other nation
– shall not be false, inaccurate or misleading
– shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers
● A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:
– Users doesn’t reply to the payment verification mail sent by Happygo
– Users fails to produce adequate documents during the payment details verification
– Misuse of another Users’s phone/email
– Users uses invalid address, email and phone no.
– Overuse of a voucher code
– Use of a special voucher not tagged to the email ID used.
– Users refuses to pay for an order
– Users involved in the snatch and run of any order
– Miscellaneous activities conducted with the sole intention to cause loss to business/revenue to Happygo
– User with excessive returns
– Repeated request for monetary compensation for fake/used order.
● Happygo does not facilitate business to business transaction between Sellers and business customers. You are advised to refrain from transacting on the Platform if You intend to avail the benefits of input tax credit.
● You shall not use the Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company and interrupt or causes to interrupt, damages the use by other Users of Happygo.
● You shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads Happygo by sharing multiple address and phone numbers or transacting with malafide intentions.
● Happygo may cancel any order that classify as ‘Bulk Orders’/’Fraud orders’ under certain criteria at any stage of the product delivery. An order can be classified as ‘Bulk Order’/’Fraud Order’ if it meets with the below mentioned criteria, and any additional criteria as defined by Happygo:
– Products ordered are not for self-consumption but for commercial resale
– Multiple orders placed for same product at the same address, depending on the product category.
– Bulk quantity of the same product ordered
– Invalid address given in order details
– Any malpractice used to place the order
– Any promotional voucher used for placing the ‘Bulk Order’ may not be refunded
– Any order paced using a technological glitch/loophole
● 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 the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the 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 bar 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 the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
● You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity
● You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
● From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
● You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us.
● The Content posted does not necessarily reflect Happygo views. In no event shall Happygo assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
● Happygo hereby disclaims any guarantees of exactness as to the finish, appearance, size, color etc., of the final Product as ordered by the User. As per the Happygo Return & Exchange Policy offers no product can be exchanged or returned back to the seller.
● Please note that you can only use Happygo coins to buy products from your registered account on the Happygo app. Happygo coins cannot be:
– Used for payment of orders placed on other Happygo accounts.
– Transferred to any other Happygo user’s account, bank account, or wallets, etc.
– Happygo may unilaterally terminate Your account on any event as mentioned in the Terms Of Use. Any coins earned through post views, Happygo credit, and pending refunds if any will be forfeited in such case.
● Also, Wallet money cannot be transferred to different accounts or withdrawable.
● Only 60% of the total product price can be paid through wallet. Remaining 40% is to be paid through UPI/credit or debit card or any preferable user transaction.
● ‘Cash on Delivery’ option is not available. Only Prepaid orders are accepted.
5. Disclaimer of Warranties and Liability:
All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through Platform are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, Happygo does not warrant that: Platform will be constantly available, or available at all or The information on Platform is complete, true, accurate or non-misleading.
All the Products sold on Platform are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You. You will be required to enter a valid phone number while placing an order on the Platform. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
6. Limitation of Liability:
In no event shall Happygo be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
● The use or the inability to use the Services or Products
● Unauthorized access to or alteration of the user’s transmissions or data
● Breach of condition, representations or warranties by the manufacturer of the Products
● Any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or Service. Happygo shall not be held responsible for non-availability of the Happygo during periodic maintenance operations or any unplanned suspension of access to the Happygo. The User understands and agrees that any material and/or data downloaded at Happygo is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, Happygo’s liability shall be limited to an amount equal to the Products purchased value bought by You. Happygo shall not be liable for any dispute or disagreement between Users.
7. Termination:
Happygo may suspend or terminate your use of the Happygo or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until Happygo chooses to terminate them.
● If You or Happygo terminates your use of the Platform or any Service, Happygo may delete any content or other materials relating to your use of the Service and Happygo will have no liability to you or any third party for doing so. However, your transaction details may be preserved by Happygo for purposes of tax or regulatory compliance.
● Happygo may unilaterally terminate Your account on any event as mentioned in the Terms Of Use. Any credits earned through loyalty or referral program, Happygo credit and pending refunds if any will be forfeited in such a case. Returns/Refund for such Users shall be at the sole discretion of Happygo.
● If You use any false e-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company or mislead Happygo by sharing multiple address and phone numbers or transacting with malafide intentions then Happygo reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.
8. Jurisdictional Issues/Sale in India Only:
Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. Happygo make no representation that materials in the Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access Platform from other locations/Countries other than India do so on their own initiative and Happygo is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
9. Governing Law:
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Andhra Pradesh. The place of jurisdiction shall be exclusively in Andhra Pradesh.
10. Disclaimer:
You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through Happygo. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between You and the sellers or manufacturers of the products. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on Platform. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. At no time shall any right, title or interest in the products sold through or displayed on Platform vest with Happygo nor shall Happygo have any obligations or liabilities in respect of any transactions on Platform.
11. Grievance Officer
If you have any concern about privacy at Happygo, please contact us with a thorough description at the below contact details, and we will try to resolve it.
Name: Mr. Sai Krishna
Address: Innovative Figital Private Limited,
24-52, Ramanaidu pet, Machilipatnam
Andhra Pradesh – India
Tel: +91 6309339500
Email: [email protected]
For contacting us:
Innovative Figital Pvt ltd
24-52, Machilipatnam
Andhra Pradesh – 521001