Merchants Terms & Condition

MERCHANT AGREEMENT

CAREFULLY READ THE FOLLOWING AGREEMENT! THIS MERCHANT CLICKWRAP AGREEMENT (THE “AGREEMENT”) CONTAINS IMPORTANT INFORMATION ABOUT RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS. BY CLICKING ON THE “ACCEPT” BUTTON YOU ARE ACCEPTING THE TERMS AND AGREE THE TERMS MENTIONED IN THIS AGREEMENT ARE BINDING ON YOU.

Welcome to www.gojovio.com(the “Platform“) managed by Jovio Portal LLC. (hereinafter referred to as the “Company“, “Gojovio”,“we” or “our”, which expression shall unless the same be repugnant to the context or meaning thereof be deemed to mean and include its affiliates, subsidiaries, successors in business and assigns).

ACCEPTANCE

Please read the terms and conditions of this Agreement, this Agreement constitutes a legally binding agreement between You and Gojovio regarding Your browsing, access and use of the Platform and any performance of the Services offered by the Company through the Platform.

“User”, “You” or “Your”, “Merchant”: means any person or entity, who is accessing, using the Platform, in order to provide the Services (defined below), and is of 18 years of age or older or has attained the majority age to be capable of entering into a legally binding agreement or has been a duly incorporated and registered entity under the laws of United Arab Emirates.

By clicking on the “accept” button you are accepting the terms and agree the terms mentioned in this Agreement are binding on You. In case You don’t want to agree to the terms and conditions of this Agreement, kindly click on the “Disagree” button and leave the Platform.

The Company and the Merchant shall individually be referred as Party and collectively be referred as Parties.

WHEREAS

  1. The Company is in business of event planning which provides valuable events including but not limited to wedding, proposals, corporate events, family gatherings, event planning, event marketing, event production, and event coordination etc. for the modern prospective clients (“Services”). The Services are provided through its website www.gojovio.com and/or mobile applications (together known as “Platform”).
  2. The Platform is an event planning aggregation Platform which connects Merchants to the Clients (defined below) who are willing to associate to undertake Services of the Company.
  3. The Merchant is a skilled independent party having expertise and required license to perform the Services and other skills which helps in providing Services.
  4. The Merchant has agreed to sign up on the Platform for the purpose of providing the Services for the Clients through the Platform, based on the requirement/request made by the Clients on the Platform.

The Company and the Merchant shall hereinafter collectively be referred to as the “Parties” and individually as a “Party”.

IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREEMENTS AND FOR OTHER GOOD AND VALUABLE CONSIDERATION PAID AND AGREED TO BE PAID HEREUNDER, THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:

“Affiliate” shall mean, with respect to each Party, any person or entity directly or indirectly through one or more intermediary Controlling, Controlled by, or under direct or indirect common Control with a Party. “Control”, “Controlled” or “Controlling” shall mean, with respect to any person or entity, any circumstance in which such person or entity is controlled by another person or entity by virtue of the latter person or entity controlling the composition of the board of directors or managers or owning the largest or controlling percentage of the voting securities of such person/entity or otherwise controlling the other.

“Confidential Information” shall mean and include any and all information which is confidential to a Party including any (i) business information and business processes, (ii) any samples, formulations, specifications, data relating to manufacturing and quality control processes and procedures, (iii) advertising and marketing plans, (iv) any past, current or proposed development projects or plans for future development work, (v) technical, marketing, financial and commercial information whether relating to past or current or future,(vi) the commercial and business affairs of a Party, (vi) all customer related information including any rates and discounts and (vii) and with respect to the Company shall include the Customer Database.

“Client/Customer” shall mean parties who request and agree to obtain the Services of the Company through the Platform.

“Customer Database” shall mean all data / information (as may be updated from time to time) about the persons/ entities including their names, addresses, contact details, queries, orders and other requests made available by such persons / entities on the Platform or otherwise captured by the Platform that shall further include the usage, behavior, trends and other statistical information / data relating to such persons / entities, who (i) access the Platform or otherwise get invitation to the Platform or correspond with the Platform, (ii) place any order for Services on the Platform, or (iii) send any enquiry/ request with respect to the Platform, and shall include all analysis and records based on such aforementioned information, including the spending and other patterns of such persons/entitles and Services. For the avoidance of doubt, any list, description or other grouping of consumers or customers or any derivative work from Customer Database shall be deemed to be Customer Database.

“Intellectual Property” includes ideas, concepts, creations, discoveries, inventions, improvements, know how, trade or business secrets; trademarks, service marks, domain names, designs, utility models, tools, devices, models, methods, patents, copyright (including all copyright in any designs and any moral rights), masks rights, design right, procedures, processes, systems, principles, algorithms, works of authorship, flowcharts, drawings, books, papers, models, sketches, formulas, teaching techniques, electronic codes, proprietary techniques, research projects, and other confidential and proprietary information, computer programming code, databases, software programs, data, documents, instruction manuals, records, memoranda, notes, user guides; in either printed or machine-readable form, whether or not copyrightable or patentable, or any written or verbal instructions or comments. The end Customer database shall be considered to be the Intellectual Property of the Company.

“Intellectual Property Rights” means and includes (i) all rights, title or interest under any statute or under common law or under customary usage including in any Intellectual Property or any similar right, anywhere in the world, whether negotiable or not and whether registerable or not, (ii) any licenses, permissions and grants in Intellectual Property (iii) applications for any of the foregoing and the right to apply for them in any part of the world and (iv) all extensions and renewals thereto.

“Letter of Engagement” is a legally binding engagement documents entered between the Company and the Merchant for capturing the understanding of Merchants’ engagement with the Company and Platform.

“Payment Facilitation Services” shall mean facilitating the receipt of Order Price on the Platform either along with Platform Services or otherwise (for example cash on delivery services).

“Platform Services” internet based electronic platform in the form of an intermediary to facilitate sale and purchase services through Platform.

“Privacy Policy” means the policy published on the Platform regarding the data privacy and storage of the data of the visitor/users of the Platform by the Company

“Merchant Account” means the account created by the Merchant on the Platform after registering with the Company through Platform.

“Terms of Use” shall mean the terms of use published on the Platform of the Company for use of the Platform by the visitors/registered users/Merchants.

“Territory” shall mean the entire world.

Merchant