TERMS & CONDITIONS

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms and conditions for access or usage of domain name [www.yohoho.co.in] and the mobile applications (hereinafter referred to as “Platform”).
The Platform is owned by Yohoho India LLP , a company incorporated under laws of India with our registered office at KC 24/ 714 A , Muringoliparamba, Golf Link road, Kovoor, Kozhikode, Kerala, 673017(“Company”).

Throughout this, the terms “we”, “us” and “our” refer to Yohoho. We offers platforms , including all information, tools and services available to you, the user, conditioned upon your acceptance of all terms, conditions and policies stated here. Please check this page regularly to take notice of any changes we may have made to the Terms and Conditions.

ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS, SO PLEASE READ CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Yohoho Policies ((including but not limited to Privacy Policy available at Privacy) as amended from time to time.

Membership Eligibility

Transaction on the 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 un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent ormlegal guardian.

As a minor if you wish to transact on the Platform, such transaction on the Platform may be made by your legal guardian or parents. Yohoho reserves the right to terminate your membership and / or refuse to provide you with access to the Platform if it is brought to Yohoho's notice or if it is discovered that You are under the age of 18 years and transacting on the Platform.

Account

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 or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms and conditions, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide You with access to the Platform. Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Platform. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a onetime password verification.
Services
Yohoho is an online retailer. Membership allows customers to purchase a variety of products. Upon placing an order, Yohoho shall ship the product to you and be entitle to its payment for the service. Additionally, we may provide you with information about other services, we consider similar to those that you are either already using, or have enquired about, or that may interest you or any combination thereof. Upon registering with us, We may contact you by electronic means (i.e. either e-mail or SMS or telephone or any combination thereof) to inform about these services. Yohoho 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. Yohoho does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Yohoho accepts no liability for any errors or omissions, whether on behalf of itself or third parties.Third Party Websites and Content
Our platform provides links for sharing our content on Facebook, twitter and other such third party website. These are only for sharing and/or listing purpose and we take no responsibility of the third party websites and/or their contents listed on our platform and disclaim all our liabilities arising out of any or all third party websites.
Privacy

Our Privacy policy incorporated by reference in these Terms of Service, sets out how we will use personal information you provide to us. By using this platform, you agree to be bound by the Privacy Policy, and warrant that all data provided by you is accurate and up to date.

Security
We care about the security of our users. While we work to protect the security of your content and account, Yohoho cannot guarantee that unauthorized third parties will not be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.
Intellectual Property Rights

The platform and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the 'Content') on the platform is owned and controlled by Yohoho or its licensors and the design, structure, selection, coordination, expression,look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the platform, by no means are any rights impliedly or expressly granted to You in respect of such Content. Yohoho reserves the right to change or modify the Content from time to time at its sole discretion.

The trademarks, logos and servicemarks displayed on the platform ('Marks') are the property of Yohoho or their vendors/seller or respective third parties. You are not permitted to use the Marks without the prior consent of Yohoho, the vendor/seller or the third party that may own the Marks.

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Yohoho owns all intellectual property rights to and into the trademark 'Yohoho', and the platform, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons,and hyperlinks.

Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Yohoho or thirty party owner of such Content.Quality of the Product

The images of the items on the platform are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the items. Your items may vary slightly from those images. All sizes and measurements of items are approximate; however we do make every effort to ensure they are accurate as possible. We take all reasonable care to ensure that all details, descriptions and prices of items are as accurate as possible.
Your content
Yohoho allows you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on our products is referred to as 'User Content.' You retain all rights in, and are (and shall remain) solely responsible for, the User Content you post to Yohoho. You agree that no User Content will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails or any form of ‘spam’. Yohoho reserves the right (but assumes no obligation) to monitor, edit and/or remove any User Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information that:
(i)Belongs to another person and to which you do not have any right;(ii) 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 whatsoever;(iii) Harms minors in any way;(iv) Infringes any patent, trademark, copyright or other proprietary/intellectual property rights;(v) Violates any law that is in force currently;(vi) Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;(vii) Impersonates another person;(viii) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;(ix) Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; or(x) Is misleading or known to be false in any way.
Any unauthorized use shall automatically terminate the permission or license granted by the Company.
You shall not, either alone or in conjunction with other users, manipulate or attempt to manipulate the prices of any item being sold or purchased on the platform. You will also refrain from accessing information or databases in an unauthorized manner from the platform or servers where information or databases are kept.In case of any transaction or attempted transaction pertaining to any item listed on the Website which is in violation of this User Agreement or applicable laws comes to your knowledge, you shall forthwith take all steps to inform the Company .If you choose to provide feedback on the platform which is visible to other users, you shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or offensive/ obscene contents.You undertake not to disclose or distribute any other User’s Information to a third party, or use the Information for any unauthorized purpose including for the purposes of marketing unless you have obtained the User’s express consent to do so.You shall not place any advertisements on the platform in any manner. Further, you shall not use the platform to promote your own or any other persons business or interests on the platform except for providing description on a listing for a specific item, unless permitted by the Company in writing.
Disclaimers
The platform where users may meet and interact with one another for their transactions. The Company is not and cannot be a party to or control in any manner any transaction between two users of the Website. All commercial / contractual terms are offered by and agreed to between buyers and sellers alone as per principal to principal bipartite contractual obligations. The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to items listed for sale. The Company is neither involved in the buying and selling of items on the Websiteand mobile apps nor liable or responsible for any non- performance or breach of any contract entered into between the Users (i.e. buyer and seller) including but not limited to non Delivery or non receipt, nonpayment, damage, breach of representations and warranties provided by the seller or any fraud as regards the items listed on the Website. The Users acknowledge that the Company will not be liable for any damages, interests or claims etc. resulting from not processing or any delay in processing a Transaction/ Transaction Price which is beyond the control of the Company. The Company does not make any representation or warranty as to the attributes (such as quality, worth, marketability, merchantability, usefulness) of the items proposed to be sold or offered to be sold or purchased. The Company does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity etc.) of any of its users. You are advised use your best judgment and independently verify the bona fides of any particular User that you choose to deal with on the platform. The platform is only a venue through which Users can reach a larger base to buy and sell unique Indian products. The Company is only providing a platform for communication and a hosting service for information and it is agreed that the contract for sale of any of the items shall be a strictly bipartite contract between the seller and the buyer. At no time shall any right, title or interest over the items vest with the Company nor shall the Company have any obligations or liabilities in respect of such contract. All items offered by sellers are only for a restricted time and only for the available supply as offered by sellers. You expressly agree that the use of the platform and the Online payment electronic payment facility is at your own risk. You release and indemnify the Company 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 platform and specifically waive any claims that you may have in this behalf under any applicable law. The Company cannot control the information provided by other Users, which is made available on the Website notwithstanding the Company’s reasonable efforts in that behalf. Product Description
Yohoho we do not warrant that Product description or other content of this Platform is accurate, complete, reliable, current,or error-free and assumes no liability in this regard.
Pricing
We ensure that all details of prices appearing on the platform are accurate, however errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible. If we are unable to contact you we will treat the order as cancelled.If you cancel and you have already paid for the goods, you will receive a full refund. Additionally, prices for items may change from time to time without notice. However, these changes will not affect orders that have already been dispatched.
Payments for the Billing, which can be made through the Online payment Facility or Payment on Delivery wherein payment shall be made only by cash on delivery.
Shipping
If the order amount is Rs.499 and above, the customer will be given Free Shipping facility, provided the products must be of the same seller. In the same order if there are products from other sellers whose total price is less than Rs.499, then the customer has to pay the shipping cost respective to that. If the order is cancelled, un-delivered to your preferred location, we will refund the complete order amount including any shipping charges, if paid online. If you return an order delivered to you, order shipping charges will not be refunded. If any products ordered by your mistake, return shipping cost will be deducted from your refund amount. Delivery.An estimated delivery time is displayed on the order summary page. On placing your order, you will receive an email containing a summary of the order . Sometimes, delivery may take longer due to unforeseen circumstances. In such cases, we will proactively reach out to you by e-mail or SMS. However, we will not be able to compensate for any mental agony caused due to delay in delivery. Termination You may terminate this User Agreement at any time if you cease to permanently use our Products and delete your account registration. Yohoho may terminate or suspend this license any time, with or without cause or notice to you. Disclaimers The Products and all included content are provided on an 'as is' basis without warranty of any kind, whether express or implied. YOHOHO SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Yohoho takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. You understand that by using our Products, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use our Products at your sole risk and that to the fullest extent permitted under applicable law, Yohoho and its affiliates shall have no liability to you for any content that may be deemed offensive, indecent, or objectionable to you. Indemnity You shall indemnify and hold harmless Yohoho, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) 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 this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party. Applicable Law
Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India.
Limited liability of the Company
In no event shall the Company or its suppliers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with the platform, the Online payment Facility, services provided by the Logistics Partner or any other services or this User Agreement. Consequently, the Company assumes no liability whatsoever for any monetary or other damage suffered by you on account of: The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the platform or online payment facility. Any delay, failure, interruption or errors in the operation of the platform or the Logistics Partner or Online Payment Facility.
Grievance Redressal
In case of any grievance, objection or complaint on your part with respect to the platform, other Users, Online payment Facility or the Company, including any complaints or enquiry about suspension, termination or blocking of your membership or right to use the platform, you should promptly raise such grievance or complaint with the designated Grievance Officer at Yohoho and provide him/her with all necessary information and/or documents to enable the Company/ Grievance Officer to resolve the issue.
The contact details of the company is published on the platform as required under the provisions of the Information Technology Act, 2000 and the rules made there under.
Arbitration
These Terms and the use of Yohoho Products shall be governed by and construed in accordance with the laws of India, without giving effect to the principles of conflict of laws thereunder.
Any dispute or difference, whether on interpretation or otherwise, in respect of any terms hereof shall be referred to an independent arbitrator to be appointed by the Company. Such arbitrator’s decision shall be final and binding on the parties. The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996, as amended or replaced from time to time.
Subject to the aforesaid, the Courts at Calicut shall have exclusive jurisdiction over any proceedings arising in respect of these Terms and the use of Yohoho Products.
Governing law and jurisdiction
This User Agreement and all rules, policies and documents incorporated by reference shall be governed and construed in accordance with the laws of India and its jurisdiction. This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. Subject to the provisions for arbitration above, the Courts at Calicut shall have exclusive jurisdiction over any proceedings arising in respect of the User Agreement.
Contact Us
Please contact us for any questions or comments regarding this platform .
E mail at care@yohoho.co.in or with our registered office at KC 24/ 714 A,Muringoliparamba, Golf Link road, Kovoor, Kozhikode, Kerala, 673017.