TERMS OF USE

TERMS OF USE

 


This document is an electronic record in terms of Information Technology Act, 2000 and rules made 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 of Use for access or usage of the Soukwagon Service.

 

The domain name ‘www.soukwagon.com’ (hereinafter referred to as “Website“) is owned and operated by Primofonte Technologies Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at L5-03,
Splendid Plaza, No – 63, 5th A Block, 100 ft road, Kormangala, Bangalore – 560095

The Company offers this Website, including all information, tools and services available from this Website to you, the user, conditioned upon your
acceptance of all terms, conditions, policies and notices stated here.

ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE
TERMS OF USE CAREFULLY BEFORE PROCEEDING.

 

DEFINITION

Buyer” shall mean and include any legal person, entity, business place or users, or any designated employee of the business place/entity,
who desire to avail services listed by the Service provider, using the Soukwagon Services.

“Enquiry”
shall mean an enquiry placed by the user through the Soukwagon Services.
Services(s)” shall mean and include DJ Services, light & sound, photographers, Social Media, Printing, license consultants etc, as
listed by the Service provider.

User”, “You/you”, “Your/your” means any any natural or legal person who browses, accesses or uses the
Website and/or has agreed to become a buyer (or customer) or seller (or vendor) on the Website by providing Registration Data while registering on the
Website as Registered User using the computer systems;

Use” or “Using” means to browse, access, view, copy, availing Services or other benefit from using the Website;

“Seller”
shall mean the entity or person or user who is willing to provide such products or services.

“Soukwagon Service(s)”
shall mean the platform (including Website) provided by us to you, wherein, the services are listed by the service provider & you could send
an enquiry to the provider.

Website” or “Site” means www.soukwagon.com through which the Soukwagon Services are provided to the user.

“We
”, “Company”, “us” and “our” means Primofonte Technologies Private Limited and its
affiliates, officers, employees, agents, partners and licensors.

WEBSITE USE

Your use of the Website and Services and tools on the Website and any transactions made through the Website are governed by the following terms and
conditions (“Terms of Use” or “Terms” or “TOU”) as applicable to the Website including Privacy Policy,
Terms and Conditions and any other applicable policies which are incorporated herein by way of reference or available by hyperlink on the Website. Mere use
of the Website, shall be construed as Your intent to contract with us and shall constitute Your binding obligations, with us.

You agree to have read, understood and conveys acceptance that you shall be bound by the Terms of Use every time you use the Website. You understand that
it is your responsibility to check the Terms of Use carefully before accessing or using or transacting on our Website. 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. Any such modifications
would be effective immediately. It shall be your responsibility to review these Terms of Use periodically for any updates/changes. We shall not be liable
to you or to any third-party for any modification, price change, suspension or discontinuance of the services as listed on the Website. Your continued use
of the Website 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 Website.You are allowed to Use Website at your own risk. User
acknowledges and understands that User has discretion not to use the Website. By impliedly or expressly accepting these Terms of Use, you also accept and
agree to be bound by our including but not limited to Privacy

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Policy.

Membership Eligibility

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to
contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you
are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. As a minor if you
wish to use or transact on Website, such use or transaction may be made by your legal guardian or parents on the Website. We reserve the right to terminate
your membership and/or refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of
18 years.

Your Account and Registration Obligations

If You use the Website, you shall be responsible for maintaining the confidentiality of your Username and Password and You shall be responsible for all
activities that occur under your Username 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 this Terms of
Use. We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access
to the Website.

AVAILING OF SERVICES

Subject to acceptance of the Terms, the Company allows you to avail all Soukwagon Services offered on Website. You reserve the right to select the type of
Services, which you wish to avail, from the options as displayed on the Website. The Company reserves the right to prevent you from using the Website and
the Service (or any part of them) and to prevent you from making any transaction on the Website.

The Information provided by you while availing the Services on the Website is subject to Privacy Policy of the Company displayed on the Website.

The Company reserves the right to store, evaluate, analyze, verify, and authenticate the information and data provided by the User. You are required to
fill your data accurately and precisely while filing the information for placing order for products.

The Company reserves the right in its sole discretion to accept/refuse /reject registration or acceptance of enquiry placed using the Soukwagon Services or
part thereof, without any obligation of explanation.

You can choose from the services as listed on the Website. However, we do not give any guarantee that the enquiry will be fulfilled or performed on the
date chosen or provided by you, as each Seller will or might have its own calendar of events

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own
responsibility to ensure that any products, services or information available through this Website meets your specific requirements.

PLATFORM FOR TRANSACTION
AND
COMMUNICATION

The Website is a platform that Users utilize to meet and interact with one another for their transactions. Company is not and cannot be a party to or
control in any manner any transaction between the Website’s Users.
Henceforth:

– All commercial/contractual terms are offered by and agreed to between User 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. Company 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 You and the service provider.

– Company does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc) of the products or services proposed to
be sold or offered to be sold or purchased on the Website. Company does not implicitly or explicitly support or endorse the sale or purchase of any
products or services on the Website. Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

– Company is not responsible for any non-performance or breach of any contract entered into between You and Sellers. Company cannot and does not guarantee
for the performance of any transaction concluded on the Website. Company shall not and is not required to mediate or resolve any dispute or disagreement
between You and Sellers.

– Company does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users.
You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in
that behalf.

– Company does not at any point of time during any transaction between You and Seller on the Website come into or take possession of any of the products or
services offered by Seller nor does it at any point gain title to or have any rights or claims over the Products or services offered by Seller to the
users.

– At no time shall Company hold any right, title or interest over the Products listed, nor shall Company have any obligations or liabilities in respect of
such contract entered into between You and Sellers.

– The Website is only a platform that can be utilized by Users to reach a larger base to avail services of the Seller and Soukwagon Services. Company is
only providing a platform for communication and it is agreed that the contract for purchasing or procuring any Products as listed using the Soukwagon
Services (as listed on the Website) shall be a strictly bipartite contract between You and the Seller.

At no time shall Company hold any right, title or interest over the Products nor shall Company have any obligations or liabilities in respect of such
contract.

– You shall independently agree upon the manner and terms and conditions of booking, time, venue, delivery, payment, insurance etc. with the Seller(s) that
You transact with.

Disclaimer:
Pricing on any Products as is reflected on the Website may due to some technical issue, typographical error or product information published on the Website
may be incorrectly reflected and in such an event, Company or the Seller reserves the right to cancel any such orders as requested and refund the amount ( if any) received from the User.

– You release and indemnify 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 Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its
reasonable efforts in that behalf, Company cannot take responsibility or control the information provided by other Users which is made available on the
Website. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe
trading when using the Website.

Please note that there could be risks in dealing with underage persons or people acting under false pretence.

– Products as listed using the Soukwagon Services on the Website by the Seller, shall be governed by any such terms & conditions (if any), specifically
mentioned at the time of listing such Products.

USE OF
SOUKWAGON
SERVICE(S)

Your use of the Soukwagon Services and tools on the Website and any transactions made through the Website are governed by the policies applicable to the
Soukwagon Services, listed on the platform. You agree not to, host, upload, publish, transmit, update or share any information through Soukwagon Services,
which:

– belongs to another person and over which you have no right;

– is grossly harmful, harassing, blasphemous, defamatory, bigotry, obscene, pornographic, pedophilic, libellous, invasive of another’s privacy, hateful, or
racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or
unlawfully threatening or harassing, including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of
Women (Prohibition) Act, 1986;

– is false, inaccurate or misleading in any way;

– is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, pedophilia, racism, bigotry, hatred,
or physical harm of any kind against any group or individual;

– harasses or advocates harassment of another person;

– involves the transmission of ‘junk mail’, ‘chain letters’, unsolicited mass mailing, or ‘spamming’;

– promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous;

– infringes upon or violates any third party’s rights [including but not limited to, rights of privacy (including without limitation unauthorized
disclosure of a person’s name, email address, physical address, or phone number) or rights of publicity];

– promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links, information to
circumvent manufacturer-installed copy-protect devices, or pirated music or links to pirated music files;

– provides information that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

– provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, providing or creating
computer viruses;

– tries to gain unauthorized access or exceeds the scope of authorized access to the Website, profiles, blogs, communities, account information, bulletins,
friend requests, or other areas of the Website, or solicits passwords or personal identifying information for commercial or unlawful purposes from other
users on the Website;

– solicits gambling or engages in any gambling activity which we, at our sole discretion, believe is or could be construed as being illegal;

– interferes with another’s use and enjoyment of the Website;

– refers to any website/URL which, at our sole discretion, contains material that is inappropriate for the Website or any other website and content that is
prohibited or violates the letter and spirit of the policies listed on the Website;

– harms minors in any way;

– infringes any patent, trademark, copyright, proprietary rights, third-party’s trade secrets, or any other Intellectual Property or rights of publicity,
or privacy, is fraudulent, or involves the purchase of counterfeit or stolen items;

– violates any law for the time being in force;

– deceives or misleads the users of the Website about the origin of messages or communicates any information which is grossly offensive or menacing in
nature;

– Impersonates another person;

– Contains software viruses or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer
resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally
interfere with, diminish value of, surreptitiously intercept, or expropriate any system, data, or personal information;

– Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement
to the commission of any offence or prevents investigation of any offence or is insulting any other nation;

– Shall, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item which is prohibited or restricted in any manner under the
provisions of any applicable law, rule, regulation or guideline for the time being in force;

– Shall create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider (“ISPs”) or other
suppliers.

– Creates a false identity or otherwise attempting to mislead others as to your or the origin of any communication made using the Soukwagon Services.

– Sending unsolicited and/or bulk messages or advertisements, including voicemails or facsimiles.

– Unauthorized access to Soukwagon Services, other accounts, or computer systems or networks connected, through password mining or any other means.

– Violation or non-adherence to any extant laws of the land governing the business associated with this Agreement.

Company disclaims all liability for these matters. Further, you will indemnify and hold Company harmless from all claims, damages, and expenses (including,
without limitation, attorneys’ fees) relating to claims arising due the usage of Soukwagon Services.

DATA SECURITY AND OWNERSHIP

You agree and undertake not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works
from, transfer, or sell any product, service or feature, information, software obtained from the Website. It is clarified that unlimited or wholesale
reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of
the Website is not permitted.

All materials on this Website, including but not limited to images, software, text, icons and such like (the “Content”), are protected by copyright under
the copyright laws. You cannot use the Content, except as specified herein. Any modification of the materials or use of the materials published on the
Website for any other purpose, other than as prescribed, shall result in violation of Company’s copyright and other proprietary rights by you and shall
render you liable for civil, criminal or other legal proceedings. You agree to follow all instructions on this Website limiting the way you may use the
Content.

There are a number of proprietary logos, service marks, brand names, trade names and trademarks found on this Website whether owned/used by us or Seller or
otherwise. By displaying them on this Website, we or Seller are not granting you any license to utilize those proprietary logos, service marks, or
trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal
statutes.

Except as otherwise indicated on this Website and except for the logos, trademarks, service marks, brand names and trade names of other companies that are
displayed on this Website, all trademarks, logos, brand name, copyright, service marks and trade name associated with our Company are the sole and
exclusive property of the Company.

 

 

USER GUIDELINES

Access or use of the Website may contain services such as email, short message service (“sms”), email, or any other such service, for the reporting purpose
(hereinafter collectively referred to as “Communication Services”). You agree and undertake to use the Communication Services only to post, send and
receive messages or emails, sms and material that are proper and related to Communication Service.

By way of example, and not as a limitation, you agree and undertake that when using a Communication Service or accessing or using this Website, you will
not:

a. upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have
received all necessary consents;

b. upload or distribute files that contain viruses, corrupted files, or any other similar software;

c. programs that may damage the operation of this Website or server or another’s computer or handheld devises;

LINK TO THIRD PARTY

We may provide you links to third party services (“Third Party Services”). You agree to use the Soukwagon Services at your sole risk and that we shall not
have any liability to you for content that may be found to be offensive, indecent, or objectionable. You understand that certain Services may display,
include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain
third party websites. By using the Third Party Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the
content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials
or websites. THE COMPANY DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR
ANY THIRD PARTY SERVICES, THIRD PARTY MATERIALS OR WEB SITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD PARTIES.

INDEMNIFICATION

You agree to indemnify, defend and hold Company, its parents, subsidiaries, affiliates, associates, successors, assigns and licensors, the Website or any
of their respective officers, directors, employees, agents, vendors, licensors, representatives, advertisers, service providers, franchisers and Vendors
harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), arising out of the Use
of this Website or Services or resulting from any breach or violation of these Terms by you, or due to your activities related to the Website.

DISCLAIMER AND LIMITATIONS OF LIABILITY

THE SOUKWAGON SERVICES, ARE MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED. THE SOUKWAGON SERVICES ARE PROVIDED ON BEST EFFORT BASIS, WITHOUT GIVING ANY WARRANTY RELATING TO ANY COMMITEMENT TO PERFORM
SOUKWAGON SERVICES AT SPECIFIED TIME AND/OR ON SPECIFIED DATE. THE WEBSITE IS NOT HACK PROOF. THE WEBSITE AND THE DATA MAY GET PILFERED, DAMAGED, LOST,
GARBLED OR BECOME USELESS. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or
omissions. You understand, acknowledge and agree that You are assuming the entire risk as to Your data, quality, accuracy, performance, adequacy,
completeness, correctness, authenticity, safety, security and validity of any and all features and functions of the Application, including, without
limitation.

In no event shall the Company its affiliates, officers, employees, agents, partners and licensors be liable for any direct, indirect, punitive, incidental,
special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or monetary losses, arising out
of or in any way connected with the use of the Website.

The request as placed by User shall be performed by the concerned representatives appointed as per the need and only after the payment of the applicable
fee is made by the User. We do not have any relationship with representatives of the Sellers who facilitate the completion of the services requested. We
are not an authorised agent of any Seller, Service Provider(s) or any such third party and we only provide the platform for listing of the Products by the
Seller through our Website.

REPRESENTATION AND WARRANTY

The Company, its affiliates, officers, employees, agents, partners and licensors make no representations or warranty of any kind, express or implied,
including but not limited to, that (i) the services of the Website will meet your requirements or set standard of expectations (ii) the services of the
Website will be uninterrupted, timely, secure, accurate or error-free; (iii) the results that may be obtained or expect to be obtained from the use of such
services will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the
Service Provider or through the depiction(s) made by the service(s) advertiser(s) or partners will meet your expectations or requirements.

To the complete extent permissible by the applicable law, Company disclaims all warranties, express or implied, including, but not limited to the
warranties of quality, services on fitness for a particular purpose.

GUIDANCE MATERIAL

The Website is not responsible for the quality, authenticity, correctness, accuracy or suitability of such information. The User shall take prior advice
and complete precaution of checking validity, correctness of such information. The Website shall not be liable to the User or any third party for taking
any decision on the basis of such information.

The Company shall be advertising on various platforms and through various mechanisms about the Soukwagon Services, through its Website. Company does not
provide or place any warrant, in the event that any terms of the advertisement(s) are in conflict with this Terms of the Website and the contents of this
Terms of Use shall supersede any such terms and conditions, as mentioned.

ADVERTISEMENTS

The Website will also post, display, publish or provide links of advertisements of advertisers on the Website at various places on the Website. The places
of such Advertisements shall not be fixed. These advertisers might set cookies on Website which shall use your data, information for various other links.
If you would like to know more information about this practice and to know your choices about not having this information used by any company, please refer
to the relevant policy of such advertiser for more information.

We do not endorse or recommend or market or warranty the advertisements or advertisers or quality, suitability, merchantability, fitness, commitment,
reasonability of the Product and/or services offered by such advertisers. We are not responsible for any of these advertisers as these will by third party
advertisers. If you intend to deal with the advertisers, you shall directly deal with them at your entire risk and volition and Company shall not be made a
party or forced party in any such conflicts.

FORCE MAJEURE

Without limiting the foregoing, under no circumstances shall the Company, its affiliates, officers, employees, agents, partners and licensors be held
liable for any damage or loss, penalty due to delay or deficiency in performance of the Website and Services resulting directly or indirectly from acts of
nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication
failures, major electricity failures, internet outage, downtime, floods, storms, accident, civil disturbances, riots, strikes, shortages of labor,
fluctuations in heat, light, fire or air.

COMPLIANCE WITH LAWS

Users shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications
issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology
Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign
Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government
of India) applicable respectively for using Payment Facility and our Website.

NOTICE

All notices addressing to the Company will be served by email or by general notification on the Website. Any notice provided to Company pursuant to the
Terms should be sent to support services, email id of the at [email protected] or office address of the Company at L5-03, Splendid Plaza, No – 63, 5th
A Block, 100 ft road, Kormangala, Bangalore – 560095.

CHANGE

We have and continue to have the right to modify, change or update this Terms of Use and any other policies as provided on the Website, at any time by
reasonably highlighting on the Website about such change. Such changes shall be effective immediately upon posting to the Website. You are advised to keep
a regular check and update on the Policy updates on the Website.

GENERAL PROVISIONS

a. These Terms constitute the entire or sole legal agreement between you and the Company and shall supersede and prevail any prior agreements, whether oral
or written, regarding subject matter hereof.

b. You agree that if the Company does not exercise or enforce any legal right or remedy which is contained in the Terms, this will not be taken to be a
formal waiver of the Company’s rights and that those rights or remedies will still be available to the Company.

c. If any court of law, having the jurisdiction to decide on this matter, rules that any provision contained under the Terms are invalid, then that
provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid,
effective and enforceable.

d. If any one or more of the provisions of this Terms is or becomes invalid, void, illegal or unenforceable, the validity, existence, legality and
enforceability of the remaining provisions will not in any way be affected, prejudiced or impaired.

e. The use or access of the Website therein, shall be governed exclusively by the laws of India. You specifically agree and submit to the exclusive
jurisdiction and venue of the Courts of

Bangalore, India.

f. The name “Soukwagon” or “www.soukwagon.com” and any related depiction of the images, content displayed on the Website, is product of the Company’s
imagination or are used fictitiously and are not to hurt any sentiments or community. Any such resemblance to actual events or locales or persons, living
or dead, is purely coincidental and should not be considered derogatory by any individual or any party.

IF YOU DO NOT ACCEPT AND ABIDE BY THIS TERMS, YOU MUST NOT USE THE WEBSITE.



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Please add the hyperlink to privacy policy here.