Terms and Conditions for Gotern.com

Effective Date: [ April 1, 2025]

1. Introduction and Acceptance of Terms

Welcome to Gotern.com ("Gotern," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website located at www.gotern.com (the "Site"), including any content, functionality, and services offered on or through the Site, such as the purchase of products sourced from India for delivery primarily to the Gulf region.

Gotern.com is owned and operated by Buy & Bill India, registered in India with address at No.36 Kosu Mani Street, Choolaimedu, Chennai 600094

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. By accessing, Browse, registering for an account, placing an order, or otherwise using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (available at [Link to your Privacy Policy]), which is incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Site. 

2. Eligibility and Account Registration

• Eligibility: To use the Site and purchase products, you must be at least 18 years old or the age of legal majority in your jurisdiction and capable of entering into legally binding contracts.
• Account: You may be required to register an account to access certain features or make purchases. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are solely responsible for maintaining the confidentiality of your account credentials (username and password) and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. 

3. Use of the Website 

You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Site in any way that violates any applicable local, national, or international law or regulation.
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Gotern or users of the Site. 

• Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site.
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any material. 
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

4. Product Information, Pricing, and Availability

• Product Descriptions: We strive to provide accurate descriptions and images of the products offered on the Site. However, we do not warrant that product descriptions, colors, sizes, images, or other content are accurate, complete, reliable, current, or error-free. Variations may occur. 
• Pricing: Prices for products are listed on the Site. The currency will be clearly indicated. Prices are subject to change without notice. Prices listed generally do not include shipping costs, import duties, taxes (like VAT), or other customs-related charges applicable in the destination country, unless explicitly stated otherwise. You, the customer, are solely responsible for paying any such additional charges. We reserve the right to correct any pricing errors.
• Availability: All products are subject to availability, and we reserve the right to impose quantity limits on any order, reject all or part of an order, and discontinue products without notice, even if you have already placed your order. If a product becomes unavailable after you have placed an order, we will notify you and offer a refund or alternative. 

5. Orders, Payment, and Billing

• Order Acceptance: Placing an order constitutes an offer to purchase the product(s). We may accept or reject your offer at our discretion. An order is typically considered accepted when we ship the product(s) and send you a shipping confirmation email. We reserve the right to refuse or cancel any order for reasons including, but not limited to, product unavailability, errors in pricing or product information, suspicion of fraud, or issues identified by our payment processors. 
• Payment: You agree to pay the full price for all products you purchase through the Site. We accept the following payment methods: Debit/Credit Card.You represent and warrant that you have the legal right to use any payment method(s) utilized. By providing payment information, you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order, including applicable taxes and shipping fees. 
• Billing Information: You must provide current, complete, and accurate billing and shipping information.

6. Shipping, Delivery, Title, and Risk of Loss

• Shipping Policy: Shipping and delivery are governed by our separate Shipping Policy, available at Shipping Policy. This policy details estimated delivery times, shipping costs, carriers used, and shipping restrictions.
• Delivery Estimates: Delivery dates provided are estimates only and not guaranteed. Delays may occur due to factors beyond our control (e.g., customs processing, weather, carrier issues).
• Shipping Address: You are responsible for providing an accurate and complete shipping address. We are not liable for orders shipped to an incorrect address provided by you.
• Title and Risk: Title to the products and risk of loss or damage passes to you upon delivery of the products to your specified shipping address.
• Customs, Duties, and Taxes: As stated in Section 4, you are the importer of record and are responsible for ensuring the product can be lawfully imported into the destination country. You are responsible for all applicable customs duties, import taxes, VAT, and any other fees levied by the destination country's authorities. Gotern is not responsible for these charges, nor for any delays caused by customs clearance processes. Failure to pay these charges may result in the parcel being returned or destroyed, with no refund provided by Gotern.

7. Returns, Refunds, and Exchanges

• Returns Policy: Our practices regarding returns, refunds, and exchanges are detailed in our separate Returns & Refunds Policy, available at Returns & Refund . Please review it carefully. Generally, returns are accepted within 7 days of delivery, provided the product is in its original, unused condition with all tags and packaging intact, subject to the terms and exclusions outlined in the policy. [Mention any specific non-returnable items, e.g., perishables, custom orders, personal care items].

8. Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement thereof) are owned by Buy & Bill India, its licensors, or other providers of such material and are protected by Indian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. 

You are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as necessary for typical browser caching or as explicitly permitted (e.g., sharing via social media buttons). The Gotern name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Gotern or its affiliates or licensors. You must not use such marks without our prior written permission. 

9. User Content

If the Site allows users to post reviews, comments, or other content ("User Content"), you are solely responsible for your User Content. You represent and warrant that you own or control all rights in and to your User Content and have the right to grant the license granted below to us. 

By posting User Content, you grant Gotern a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media. 

You agree that your User Content will not violate any law or the rights of any third party, including intellectual property or privacy rights. You agree not to post User Content that is unlawful, obscene, threatening, defamatory, invasive of privacy, or otherwise objectionable. We reserve the right, but not the obligation, to monitor, edit, or remove User Content at our sole discretion.

10. Prohibited Activities

In addition to other prohibitions set forth in the Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

11. Third-Party Links

The Site may contain links to third-party websites or services that are not owned or controlled by Gotern. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Gotern shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. 

12. Disclaimer of Warranties

THE SITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GOTERN NOR ANY PERSON ASSOCIATED WITH GOTERN MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. 

TO THE FULLEST EXTENT PERMITTED BY LAW, GOTERN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GOTERN, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

IN NO EVENT SHALL GOTERN'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE OR PRODUCTS EXCEED THE GREATER OF (I) THE AMOUNT YOU PAID TO GOTERN FOR THE SPECIFIC PRODUCT(S) GIVING RISE TO THE CLAIM IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. Indemnification

You agree to defend, indemnify, and hold harmless Gotern, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your User Content, any use of the Site's content, services, and products other than as expressly authorized in these Terms, or your violation of any law or the rights of a third party. 

15. Governing Law and Dispute Resolution

• Governing Law: These Terms and any dispute or claim arising out of, or related to, them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of India, without giving effect to any choice or conflict of law provision or rule. 
• Dispute Resolution:
  • Informal Negotiation: The parties agree to first attempt to negotiate any dispute (except those disputes expressly excluded below) informally for at least thirty (30) days before initiating arbitration or court proceedings. Such informal negotiations commence upon written notice from one party to the other. 
  • Binding Arbitration: If the parties are unable to resolve a dispute through informal negotiations, the dispute (except those disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. The arbitration shall be commenced and conducted under the Arbitration and Conciliation Act, 1996 (India). The arbitration shall take place in Chennai, India. The language of the arbitration shall be English. The arbitral award shall be final and binding upon the parties, and judgment may be entered thereon in any court of competent jurisdiction. 
  • Exclusions: Disputes relating to the enforcement or validity of your or Gotern's intellectual property rights are not subject to the above provisions regarding informal negotiation and arbitration.
  • Class Action Waiver: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. [Note: Enforceability of class action waivers can vary by jurisdiction; legal review is critical]. 

16. Termination

We may terminate or suspend your account and/or access to the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Site will immediately cease. You may terminate your account by contacting us. 

Provisions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and dispute resolution provisions. 

17. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide notice (e.g., by posting on the Site or sending an email) prior to the new terms taking effect. What constitutes a material change will be determined at our sole discretion. 

By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site. You are encouraged to review these Terms periodically for changes. 

18. Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Policy, Shipping Policy, Returns & Refunds Policy, and any other legal notices or policies published by us on the Site, constitute the entire agreement between you and Gotern concerning the Site and supersede all prior agreements. 
• Severability: If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. 
• Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Gotern's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. 
• Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Gotern without restriction. 
• Force Majeure: Gotern shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials. 

19. Contact Information 

If you have any questions about these Terms, please contact us at:

• Email: support@gotern.com
• Postal Address: No.36, Kosu Mani Street, Choolaimedu, Chennai 600094, Tamil Nadu, India.