Terms & Conditions
Last Modified: 1 August 2021
- About the Site
- Ownership of the Site
The Website or mobile application and the Services and any purchase are directed solely at those who access the Website from the Republic of India. AMERICOS makes no representation that goods are available or otherwise suitable for use outside the Republic of India. If you choose to access the Website and make a purchase from locations outside the Republic of India, you do so on your own initiative and are responsible for the consequences thereof.
6. Use of the Site
As a condition of your use of the Site, you agree that:
- You are not barred from receiving products or services under applicable law;
- You will not attempt to use the Site with crawlers, robots, data mining or extraction tools or any other functionality;
- You will only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
- You will only make purchases on the Site for your own use or, as a gift for another person;
- You have the right to provide any and all information you submit to the Site, and all such information is accurate, true, current and complete;
- You will update and correct information you have submitted to the Site and ensure that it is accurate at all times (out-of-date information will invalidate your account); and,
7. Access to the Site
AMERICOS retains the right, at our sole discretion, to deny service or use of the Site or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Site and your account accessible, the Site and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Site access or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control. We reserve the right to withdraw or amend the Site, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
8. User Account, Password, and Security
The website registration process enables a user to access the services. Certain user information is required to create an account at our website. It is the sole responsibility of the user to maintain the confidentiality of the User Id and password received upon completion of the registration. Users are also responsible for any activity occurred under the account, thus make sure to exit at the end of each session to prevent unauthorized access of your account or breach of security. The Company shall not be responsible for any loss or damage emerged if you fail to obey the terms. User is responsible for the validity of account information provided during the website registration process. In case of submission of untrue, incomplete or inaccurate information the Company has the end rights to suspend or terminate your account.
9. Your Account
You may only create and hold one account on the Site for your personal use and must register using a valid credit card. You are responsible for updating and correcting the information you have submitted to create or maintain your account. As part of your account settings, you have the option to (a) save, edit or delete your personal information, including, without limitation, a valid credit card; and (b) opt-out of persistent login. You understand and agree that getXOOG /AMERICOS shall have no responsibility for any incident arising out of,or related to, your account settings. You must safeguard your user id,password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Site or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account.
10. Your Conduct
Submitting any content to the Site that:
- Violates applicable laws (including, without limitation, but not limited to intellectual property laws, laws relating to rights of privacy and rights of publicity and laws related to defamation);
- Contains personal information, except when we expressly ask you to provide such information;
- Contains viruses or malware;
- Offers unauthorized downloads of any copyrighted, confidential or private information;
- Has the effect of impersonating others;
- Contains messages purporting to speak on behalf of XOOG / AMERICOS or provides confidential information concerning XOOG / AMERICOS;
- Is purposely inaccurate, commits fraud or falsifies information in connection with your XOOG account or to create multiple XOOG accounts; or
- Is protected by copyright, trademark or other proprietary rights without the express permission of the owner of the copyright, trademark or other proprietary rights.
Attempting to do or actually doing any of the following:
- Accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- Scanning or monitoring the Site for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information or similar data;
- Scanning or testing the security or configuration of the Site or breaching security or authentication measures; or
- Interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the Site or attempting to overload, “flood,” “spam,” “mail bomb” or “crash” the Site.
Using any of the following:
- Frames, framing techniques or framing technology to enclose any content included on the Site without our express written permission;
- Any Site content, including without limitation User Content (defined below), in any meta tags or any other “hidden text” techniques or technologies without our express written permission;
- The Site or any of its contents to advertise or solicit, for any commercial, political or religious purpose or to compete, directly or indirectly, with XOOG / AMERICOS; or
- The Site or any of its resources to solicit consumers, Merchants or other third-parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with AMERICOS, including, without limitation, aggregating current or previously offered deals.
Collecting any of the following:
- Content from the Site, including, without limitation, in connection with current or previously offered deals/vouchers, subscription and featuring such content to consumers in any manner that diverts traffic from the Site without our express written permission; or
- Personal Information (defined in our Privacy Statement), User Content (defined in Section 12 below) or content of any consumers.
Engaging in any of the following:
- Tampering or interfering with the proper functioning of any part, page or area of the Site or any functions or services provided by XOOG / AMERICOS;
- Taking any action that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
- Reselling or repurposing your access to the Site or any purchases made through the Site;
- Accessing, monitoring or copying any content from the Site using any “robot,” “spider,” “scraper” or other automated means or any manual process for any purpose without our express written permission;
- Violating the restrictions in any robot exclusion headers on the Site or bypassing or circumventing other measures employed to prevent or limit access to the Site;
- Aggregating any current or previously-offered deals or content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through the Site) with material from other sites or on a secondary site without our express written permission;
- Deep-linking to any portion of the Site (including, without limitation, the purchase path for any Voucher) without our express written permission;
- Hyperlinking to the Site from any other website without our initial and ongoing consent; or
- Acting illegally or maliciously against the business interests or reputation of XOOG / AMERICOS or our services.
- Placing Order; Pricing; Shipping Delivery
- That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description
- We have made every effort to display the colours of our products that appear on the Website as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate
- All the products listed on getxoog.com will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering be the prices charged on the date of the delivery
Shipping and Delivery
- Packages are generally dispatched within 2 working days after order confirmation. Please ensure that the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects
- Our packages are shipped via reputed national courier partners with tracking information, the tracking information will be provided to you shortly after shipping and you can track your package via our courier partner site online;
- A nominal shipping fee of Rs.50 is charged to ensure your package reaches you in-time and in good shape;
- For orders received post 4:00 pm (1600 hrs), on Sundays or during Holidays – the shipment will be processed and dispatched on the next working day. During busy times, such asholiday periods, there can be minor processing and shipping delays ;
- Our courier partners will be able to deliver your shipment to you on working days between Monday through Saturday: 9 am to 6 pm. Working days exclude public holidays and Sundays. Delivery time may be subject to factors beyond our control including unexpected travel delays from our courier partners and transporters due to weather conditions and strikes, an act of god or any other reason beyond the control of our courier partners and transporters;
- As soon as your package shipped, we will email you your package tracking information;
- Our shipping partners ship to most addresses in India. Please confirm your shipping eligibility and that delivery is possible to your address before checkout
- Orders cannot be shipped to PO boxes or military addresses
- That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by Xoog (Americos Industries Inc.) for redelivery shall be claimed from you
- We accept online payments via Credit & Debit Card, Netbanking and select wallets including PayTM and PayU;
- When paying online In case of a payment failure, please retry your payment ensuring: Information passed on to payment gateway is accurate i.e. account details, billing address, password (for net banking), etc. Kindly also check if your Internet connection has been disrupted in the process;
- If your account has been debited after a payment failure, it is normally rolled back to your account within 7 business days. You can email us on firstname.lastname@example.org with your order number for any clarification;
- COD (Cash on Delivery) is provided through our delivery partners in select locations across India. Please check COD availability for your location before checkout;
- All COD orders must be verified. Orders will not be processed until the verification process via OTP has been completed;
- COD orders will attract a service fee of ₹ 50 per order;
- COD orders are not returnable and not refundable
- There are no hidden charges. You pay only the amount that you see in your order summary at the time of check out
13. Reviews, Feedback, Submissions
- All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to getxoog.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain the property of Xoog (Americos Industries Inc.).
- Such disclosure, submission or offer of any Comments shall constitute an assignment to Xoog (Americos Industries Inc.). of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Xoog (Americos Industries Inc.) owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Xoog (Americos Industries Inc.). will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
- Xoog (Americos Industries Inc.). is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments.
- You agree that any Comments submitted by you to getxoog.com will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity.
- You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful,threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". Xoog (Americos Industries Inc.). does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to getxoog.com.
- You grant Xoog (Americos Industries Inc.). the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit.
- You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Xoog (Americos Industries Inc.). and its affiliates for all claims resulting from any Comments you submit. Xoog (Americos Industries Inc.). and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party
14. Copyright and Trademarks
The Site contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the entire contents of the Site, feature and functionality are owned by AMERICOS, its licensors or other providers of such material. AMERICOS owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You shall not modify, distribute, publish, transmit, ublicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication or commercial exploitation of the content without the express permission of AMERICOS or the copyright owner is permitted. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
AMERICOS owns trademarks, registered and unregistered, and "Americos," the AMERICOS logos and variations thereof found on the Site are trademarks owned by AMERICOS and all use of these marks inures to the benefit of AMERICOS.
There are other marks on the Site not owned by AMERICOS may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of AMERICOS unless otherwise stated, or maybe the property of their respective owners. You may not use Americos's name, logos, trademarks or brands, or trademarks or brands of others on the Site without Americos's
use only. You must not:
- Modify copies of any materials from the Website.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.
- You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
15. Infringement of Intellectual Property
AMERICOS reserves the right to terminate your or any third-party’s right to use the Site if such use infringes the copyrights of another. AMERICOS may, under appropriate circumstances and at its sole discretion, terminate your or any third-party’s right to access to the Site, if AMERICOS determines that you or a third-party is a repeat infringer.
16. User Content
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
personal safety of users of the Website or the public or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation,referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.However, AMERICOS does not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
17. Public Nature of Your User Content.
- You understand and agree that User Content is public. Any person (whether or not a user of Americos's services) may read your User Content without your knowledge. Please do not include any Personal Information in your User Content unless you wish for it to be publicly disclosed. AMERICOS is not responsible for the use or disclosure of any Personal Information that you disclose in connection with User Content.
- Any User Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by AMERICOS. Other users may post User Content that is inaccurate, misleading or deceptive. AMERICOS does not endorse and is not responsible for any User Content, and will not be liable for any loss or damage caused by your reliance on such User Content. User Content reflects the opinions of the person submitting it and do not reflect the opinion of AMERICOS. AMERICOS does not control or endorse any User Content, and specifically disclaims any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Site, including, without limitation, any objectionable User Content.
- License Grants.
You agree to defend, indemnify and hold harmless Xoog (Americos Industries Inc.). its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Xoog (Americos Industries Inc.). or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement
19. Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER AMERICOS NOR ANY OF, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR (B) THE ACCURACY, COMPLETENESS OR RELIABILITY OF (I) THE CONTENT ON THE SITE, INCLUDING, WITHOUT LIMITATION, MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS, (II) DESCRIPTIONS OF MERCHANT OFFERINGS,PRODUCTS OR OTHER AVAILABLE PROGRAMS, OR (III) USER CONTENT PROVIDED THROUGH THE SITE. THE SITE AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE SITE, MERCHANT OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE AMERICOS NOR ANY PERSON ASSOCIATED WITH AMERICOS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER AMERICOS NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, AMERICOS HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED,OR STATUTORY, AS TO THE OPERATION OF THE SITE OR THE CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED ON THE SITE OR THE MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, NONINTERFERENCE,MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.
20. Limitation of Liability
21. Electronic Communications
When you use the Site or send emails to AMERICOS, you are communicating with us electronically and consent to receive electronic communications related to your use of the Site. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Site or from which you otherwise email us.
22. Websites of Others
The Site may contain links to websites maintained by other parties. Xoog or Americos does not endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, products or services available on or through any such Linked Site or resource.
23. Force Majeure
24. Governing Law
27. DISPUTE RESOLUTION
Language and Venue: The arbitration proceedings shall be conducted in the English language. The venue/seat of the arbitration shall be in Ahmedabad.
Procedure: The Arbitrator shall make the arbitral award within 9 (Nine) months from the date of entering upon the reference. For the purpose of this Clause, the Arbitrator shall be deemed to have entered upon a reference on the date on which the arbitrator holds the first meeting. Adjournment, if any, shall be granted by the arbitrator only in exceptional cases, for bona fide reasons to be recorded in writing.The costs of arbitration shall be fixed by the Arbitrator and the Arbitrator in the final award shall specify (a) the Party entitled to costs; (b) the Party who shall pay the costs; (c) the amount of such costs; and (d) the manner in which the costs shall be paid. For the purpose of this Clause, ‘costs of arbitration’ shall mean the fees and expenses of the arbitrator, legal fees and expenses, any administrative fees and any other expense incurred in connection with the arbitral proceedings and the arbitral award.
No Party or Person involved in any way in the creation, coordination or operation of the arbitration of any Dispute may disclose the existence, content or results of the Dispute or any arbitration conducted under this Agreement in relation to that Dispute save as required in order to enforce this Clause and / or any arbitral award made pursuant to this Agreement.