GogoPogo

Terms and Conditions

1. Welcome to GogoPogo!

This page explains our terms of use. When you use GogoPogo, you’re agreeing to all the rules on this website. Before using this website, if you have any questions relating to any section within these Terms of Use (the "Terms"), please email our support team at care@gogopogo.ai.

These Terms apply to you and to your access to, and use of, www.GogoPogo.ai (the “Website”), and any other website or service that links to these Terms (collectively, the “Services”). GogoPogo is owned and operated by Q FACTOR ENGINEERING SOLUTIONS. Please read the Terms carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at https://www.gogopogo.ai/privacy-policy/, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Website.

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them.

Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.



1. Welcome to GogoPogo!
This page explains our terms of use. When you use GogoPogo, you're agreeing to all the rules on this website. Before using this website, if you have any questions relating to any section within these Terms of Use (the "Terms"), please email our support team at care@gogopogo.ai.

These Terms apply to you and to your access to, and use of, www.GogoPogo.ai (the "Website"), and any other website or service that links to these Terms (collectively, the "Services"). GogoPogo is owned and operated by Q FACTOR ENGINEERING SOLUTIONS. Please read the Terms carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at https://www.gogopogo.ai/privacy-policy/, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Website.

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them.

Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

The Services on this Website are provided by Q FACTOR ENGINEERING SOLUTIONS, which owns and operates GogoPogo.“We,” “our” or “us” refers to Q FACTOR ENGINEERING SOLUTIONS.

We provide a platform which allows individuals, artists, influencers, non-profits, businesses or anyone at all who agrees to these Terms of Use and any other applicable policies or regulations to design custom apparel and merchandise to sell to their supporters through our platform (“Campaign”) or to design and purchase apparel or merchandise directly from GogoPogo . This platform is also used by customers and supporters who choose to purchase apparel and merchandise s from Campaigns (“Supporters”). This also applies to anyone accessing the platform at any time for any reason (“Users”). Organizers, Supporters and Users will collectively be referred to as “you”.

These Terms govern your use of this Website and our Products and Services (defined below). By using this Website, you accept these Terms in full. If you disagree with any part of these Terms, you may not use this Website or any Services of Q FACTOR ENGINEERING SOLUTIONS.

We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. You will be able to access most of our Website without having to register any details with us; however, in order to create a Campaign you will need to register certain details with us.

2. Account Creation:

You must be at least thirteen (13) years old to register for an account, and to pay or accept money there are other requirements. See Section below “User’s Age” for more details.

When you register for an account you must provide us with accurate information. If not, we may not be able to assist you with accessing your account.

User’s Age

You must be at least thirteen (13) years old to create a GogoPogo account or to access or use any of GogoPogo’s Services. If you are not at least thirteen (13) years old, you may NOT use this Website at any time or submit any information to this website.

To purchase merchandise and receive payouts you must be at least eighteen (18) years old or have your parent’s permission.

If you are a parent or legal guardian of a user visiting our site that is under the age of eighteen (18), you hereby agree to hold this user to these Terms and to hold harmless GogoPogo if the minor breaches any of these Terms.

By using our Services, you certify that you satisfy the age guidelines and restrictions and your acceptance of these Terms.

Furthermore, if we believe that your information is incorrect, we may prevent you from accessing the Website, terminate or suspend your account, or otherwise limit or restrict your use or Service.

3. Security :

  1. You are solely responsible for the security of your account; any damages that arise from your failure to secure your account will not be covered by us.

To best protect your account, please keep your password confidential. You are responsible for all activity on or through your account. If you believe your account is compromised, follow these steps please reset your password and contact our support team as soon as possible.

GogoPogo will not ask you to reveal your password. If you forget your password, you can visit this page to reset your password.

Certain areas of this Website may require registration or may otherwise ask you to provide information to participate in certain features or access certain Content. The decision to provide this information is purely optional, however if you elect not to provide such information, you may not be able to access certain Content or features or participate in various areas of the Website.

Our Privacy Policy explains how we collect, use and disclose your personal information and protect your privacy when using our Services. By using our Services, you agree that GogoPogo can use your information in accordance with our Privacy Policy (available at https://www.gogopogo.ai/privacy-policy/).

In the event that there exists any inconsistency between these Terms and our privacy policies, the Privacy Policy shall take precedence.

4. User Conduct:

You are responsible for all activity on your account. We welcome your comments regarding the Website; however, please behave responsibly when using our Website.

We reserve the right to delete, move or edit any content posted on this Website for any reason. By using our Services, you agree that any and all Content that you contribute to GogoPogo:

  • • Is owned by you or you hold appropriate license(s) to use such Content;
  • • contains no copyrighted or other protected material owned by others;
  • • contains no misleading, inaccurate, and/or dishonest statements;
  • • does not impersonate another business, individual, or charity;
  • • does not constitute, promote or encourage illegal acts;
  • • does not explicitly or implicitly violate any policy posted on our Website;
  • • does not infringe or violate other’s rights;
  • • contains no discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where our Website is being used;
  • • contains content which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data;
  • • does not victimize an individual or group of individuals with hurtful or hateful language.

You agree that you will indemnify, defend and hold harmless GogoPogo, its subsidiaries and all of their direct and indirect officers, directors, employees, agents, successors and assigns from any and all third party claims, demands, actions or threat of action (whether in law, equity or in an alternative proceeding), losses, liabilities, damages (including taxes), and all related costs and expenses, including reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties, and threatened losses due to, arising from or relating to your use or contribution of Content to the Website that violates the above User Conduct requirements of that infringes any third party intellectual property rights.

We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to our Website in breach of this Section.

You shall not use our Website while distracted or preoccupied, such as when operating a motor vehicle. You should access our Website only with due regard for your own safety and the safety of others.

5. Intellectual Property

We are not trying to steal your content or use it in an exploitative way. Unless indicated otherwise, you have complete ownership of your own content and give us permission to post it on our Website.



By posting your Content, you grant us permission to use and/or publicly display works of your Content. GogoPogo does not claim any ownership rights in the Content you upload to this Website. It is your responsibility to make sure your Content does not contain copyrighted material unless you have permission from the rightful owner.



If you believe a user has infringed upon your rights with their GogoPogo Campaign, contact us at care@gogopogo.ai.

If needed, we reserve the right to edit, modify, or delete any of your Content.

6. Being A Campaign Organizer:

After Account Creation, you will have the ability to bring your vision to life by creating your Campaign. When creating a Campaign, you will be provided with a “base cost” from us for each product. With this information, you will set a sale price for each item. After your Campaign has closed successfully, you will earn the difference between the base price and your sale price.

Copyright/Trademark

You represent that you own or all trademark rights, copyrights, rights of publicity and other intellectual property rights necessary to create and conduct a Campaign. You agree to provide us with evidence of this upon request. Your failure to do so may result in cancellation of your account and/or Campaign.

You agree that you will indemnify, defend and hold harmless GogoPogo from any and all third party claims, demands, actions or threat of action (whether in law, equity or in an alternative proceeding), losses, liabilities, damages (including taxes), and all related costs and expenses, including reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties, and threatened losses due to, arising from or relating to your use of trademarks, copyrights, rights of publicity or other intellectual property in your Campaign that infringe any third party intellectual property rights.

GogoPogo retains all ownership rights in any designs created by our designers and may not be used by you, other than in connection with your campaign on this Website, without our consent

Payouts for Successful Campaigns

To receive payment for your Campaign, you will be asked to provide a UPI id or bank details

You agree that you will verify the contact information you have provided to GogoPogo for payments to ensure that payments from GogoPogo are able to reach. GogoPogo is not responsible for misdirected payments based on inaccurate information provided by you.

You acknowledge and consent that we may, at any time, for any reason, place a hold on a Campaign account, restricting payouts to a campaign organizer.

If you have questions about a hold that we have placed on your payout, please refer to contact us at care@gogopogo.ai.

Taxes

You are responsible for any taxes you owe based on the payments (“Payouts”) you receive from us.

7. Buyer Agreement

Placing an Order

You warrant that you are authorized to use any UPI, credit card, debit card, or other means of payment that you provide to us. Providing any inaccurate information is a breach of these Terms and may result in cancellation of your order. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, or problems identified by our credit and fraud avoidance department.

If your order is canceled after your credit card (or another payment account has been charged, we will issue a credit to your credit card (or another applicable payment account) in the amount of the charge. We will attempt to contact you if your order is canceled or if any information is required to accept your order.

By confirming your purchase at the end of the checkout process, you agree to pay for the Products, as well as the shipping and handling charges and applicable taxes.

Returns

Our Products are custom-made and printed to order, we are not able to accept returns unless the product was damaged, misprinted, or incorrect. For other terms that apply to our Return Policy can be found here.

Misuse

We try our very best to make sure each Campaign is reviewed before launching, but from time to time, a Campaign gets missed.

We have no control over any information published on a Campaign page by a Campaign organizer and disclaim all liability to the fullest extent provided by applicable law. We simply do not have the resources to verify this information individually for every Campaign.

While the merchandise you order on GogoPogo will be sent

8. Warranties and Disclaimers

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS GOGOPOGO DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND.

We MAKE NO WARRANTY OR CONDITION THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

9. Disputes

You agree that you are responsible for your interactions with any other user in connection with the Services and we will have no liability or responsibility with respect thereto. We reserve the right but have no obligation to become involved in any way with disputes between you and any other user of the Services.

We are entitled to make payouts and otherwise correspond with the original registrant. Alternatively, we reserve the right to withhold payouts until the dispute is resolved, in our discretion.

Terms & Conditions updated February 14, 2024