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Website Terms of Use

Website Terms of Use

This document is an electronic record in accordance with the provisions of the Information Technology Act, 2000 and applicable rules thereunder relating to electronic records and digital transactions. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document governs access to and use of the website www.foggerstore.in (“Website”).

The Website is owned and operated by Fogger (“Company”, “we”, “our”, or “us”).

By accessing or using the Website, you agree to be bound by these Website Terms of Use, along with the Privacy Policy and Terms of Sale available on the Website.

If you do not agree with these Terms, please discontinue use of the Website.


In General

The Company owns and operates the Website.

These Terms govern your relationship with the Company as a user (“User”) of the Website.

Access to and use of the Website and the services available through it (“Services”) are subject to these Terms.

By using the Website, you agree to comply with these Terms, as may be updated from time to time.

The Company reserves the right to:

  • modify, suspend, or discontinue any part of the Website or Services;

  • restrict access to parts or all of the Website;

  • update content, policies, and features without prior notice.

The Company shall not be liable if the Website becomes unavailable temporarily due to maintenance, technical issues, or circumstances beyond its control.


Website Disclaimer

The Company makes reasonable efforts to ensure that information on the Website is accurate and updated. However, the Company does not guarantee that all information is error-free, complete, or current.

Users are advised to independently verify information before relying on it.

The Company shall not be responsible for any loss arising from reliance on information available on the Website.

There may occasionally be delays, interruptions, or inaccuracies caused by technical or operational reasons.

Payments made through the Website are processed through authorized third-party payment gateways. The Company shall not be liable for failures, delays, or issues attributable to such third-party providers.


Prohibited Activities

Users shall not misuse the Website.

You agree not to:

a. engage in unlawful or fraudulent activities;

b. upload or transmit viruses, malware, or harmful code;

c. attempt unauthorized access to systems, servers, or networks;

d. interfere with the operation or security of the Website;

e. infringe intellectual property or proprietary rights;

f. send spam or unauthorized promotional material;

g. engage in activities that negatively affect the Website’s functionality or performance.

Violation of these Terms may result in suspension or termination of access and may be reported to relevant authorities.

The Company shall not be liable for damages caused by viruses, cyberattacks, or harmful material arising from use of the Website or linked websites.


Intellectual Property

All intellectual property rights in the Website and its content, including but not limited to text, graphics, logos, images, product designs, videos, software, layouts, and branding, are owned by or licensed to the Company and protected under applicable laws.

Users may access content solely for personal and non-commercial use.

Without prior written consent from the Company, you may not:

  • copy, reproduce, distribute, or publish Website content;

  • modify or create derivative works;

  • use content for commercial purposes.


Terms of Sale

All purchases made through the Website shall be governed by the Terms of Sale available on the Website.

By placing an order, you agree to the applicable Terms of Sale, including policies relating to:

  • pricing,

  • product availability,

  • shipping and delivery,

  • returns and refunds,

  • cancellations,

  • payments.

Users are encouraged to review the Terms of Sale carefully before making any purchase.


Disclaimer of Liability

The Website and all content are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied.

To the maximum extent permitted by applicable law, the Company disclaims all warranties, including:

  • merchantability,

  • fitness for a particular purpose,

  • non-infringement,

  • uninterrupted availability.

The Company shall not be liable for any loss arising from:

  • use or inability to use the Website;

  • reliance on Website content;

  • inaccuracies or omissions;

  • interruptions or delays caused by third-party service providers.

Nothing in these Terms excludes liability where such exclusion is prohibited by law.


Limitation of Liability

To the fullest extent permitted under applicable law, the Company’s total liability arising out of any claim shall not exceed the amount paid for the relevant transaction giving rise to the claim.

The Company shall not be liable for indirect, incidental, special, punitive, or consequential damages, including loss of profits, data, or business opportunities.


Indemnity

You agree to indemnify and hold harmless the Company, its affiliates, employees, officers, agents, and service providers against any claims, losses, liabilities, damages, costs, or expenses arising from:

a. your use or misuse of the Website;

b. violation of these Terms;

c. violation of applicable laws;

d. infringement of third-party rights.


Third-Party Links

The Website may contain links to third-party websites for user convenience.

The Company does not control or endorse such websites and shall not be responsible for their content, availability, or practices.

Users access third-party websites at their own risk and should review their respective policies before use.


Modification of Terms

The Company reserves the right to modify or update these Terms at any time.

Updated Terms will be posted on the Website, and continued use of the Website after updates constitutes acceptance of the revised Terms.


Invalidity

If any provision of these Terms is held invalid or unenforceable by a competent court, the remaining provisions shall continue in full force and effect.


User Rights

Users may have rights regarding their personal data under applicable laws, including rights to access, correct, update, or request deletion of personal information.

Requests may be made in accordance with the Privacy Policy.

The Company may collect and process user information for purposes including:

  • providing services,

  • improving user experience,

  • analytics,

  • fraud prevention,

  • personalized recommendations,

  • promotional communications where permitted.

Such processing shall be carried out in accordance with applicable laws including the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023.


Complaints and Grievances

The Company maintains a grievance redressal mechanism for user concerns and complaints.

For any queries, complaints, or grievances, users may contact:

Email: care@foggerstore.in

The Company will make reasonable efforts to address concerns within a reasonable timeframe.


Waiver

Failure or delay by the Company in exercising any right under these Terms shall not constitute a waiver of such right.


Communication with Users

The Company may communicate with users via email, SMS, phone calls, WhatsApp, or other electronic means for:

  • order confirmations,

  • delivery updates,

  • customer support,

  • account notifications,

  • promotional communications (where permitted).

Users may opt out of promotional communications in accordance with applicable laws.

For support or queries:

Email: care@foggerstore.in


Termination

The Company reserves the right to suspend or terminate user access to the Website if a User violates these Terms or applicable laws.

The Company may also initiate appropriate legal action where necessary.

Such action may be taken without prior notice where required to protect the Company’s interests or comply with law.


Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India.

Subject to applicable law, the courts of Bhubaneswar, Odisha shall have exclusive jurisdiction over disputes arising from use of the Website or these Terms.