This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The Platform is created and set out by Ossify Industries Pvt Ltd, a company registered under the Companies Act, 2013 and having its registered office at H-008, Site C, Surajpur, Ind Area, Greater Noida, Gautam Buddha Nagar, Uttar Pradesh, 201308 and/or its licensor, affiliates (hereinafter referred to as “Company,“we”,“us”, “our”).
These Terms are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Platform.
Company may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed Terms and you also agree to be bound by such changed/amended Terms.
Conditions relating to Your use of the Platform
- You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
- You agree to use the Platform only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).
- You have the obligation to take good care of the registration information on the Site and are responsible for all your activities on the Site. You must immediately notify Company if you find any illegal or unauthorized activities. Company will not be liable for damages or losses arising from a User’s non-compliance with any of the provision(s) above.
- All your comments on the Platform are public information that any third party has access to. Any statement posted on the Platform will be deemed as public information, and a User should bear legal liability for the same. If You do not want any third party to have access to your statements, please do not post them on the Platform.
- We may include advertisements, etc. in our Services. You agree to the display of advertisements and other events from us or our related parties or Cooperators while enjoying our Services.
- We have the right to suspend, at our sole discretion or determination, delete any content that violates the laws and regulations in any jurisdiction or the Terms; that infringes, prejudices, threatens any right or safety; or that impersonates others. We also retain the right to take legal action, including but not limited to removing any illegal or infringing content, suspending the registration of violators and reporting relevant information to relevant authorities based on the applicable laws and regulations.
- When You shop on the Platform,You can only modify any of the following information for maintaining the Account’s safety: your name, address and phone number. If you need any help, please call customer service using the phone number you put in the order. Any call from any number other than in the order requires confirmation.
Use of the Platform by User
You agree that you will not engage in any activity that interferes with or disrupts the Platform (or the servers and networks which are connected to the Platform). You shall not delete or revise any material or information posted by any other User(s), shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.
- You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which You does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) is misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of ‘junk mail’, ‘chain letters’, or unsolicited mass mailing or ‘spamming’;
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(h) infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person’s copyrighted work (see ‘Copyright complaint’ below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of another person (with a minor or an adult).
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(o) engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of ‘virtual’ products related to thePlatform.;
(p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
(q) interferes with another User’s use and enjoyment of the Platform or any other User’s enjoyment of similar services;
(r) refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms.;
(s) harm minors in any way;
(t) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(w) impersonate another person;
(x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(y) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(z) shall not be false, inaccurate or misleading;
(aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(ab) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (‘ISPs’) or other suppliers;
- You shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password ‘mining’ or any other illegitimate means.
- You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Platform, or otherwise engage in any conduct or action that might tarnish the image or reputation, of brand, Company or sellers on platform or otherwise tarnish or dilute any brand,Company’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Company’s systems or networks, or any systems or networks connected to Company.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Platform or any service offered on or through the Platform. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
- It is possible that other users (including unauthorized users or ‘hackers’) may post or transmit offensive or obscene materials on the Platform and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Platform, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Platform. Please carefully select the type of information that You publicly disclose or share with others on the Platform.
- Company shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Ownership of the Content and Proprietary Rights
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Company, its affiliates or its content suppliers. Licensor and/or Company also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Platform and Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. The compilation of all content on this Platform is the exclusive property of Company and its affiliates and is protected by the applicable laws.
You may not systematically copy, reproduce, post, translate, extract/ or re-utilise parts of the contents of the Platform without Company and / or its affiliates (as may be applicable) express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Platform, without Company and / or its affiliates (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this website without Company and / or its affiliates (as may be applicable) express written consent.
Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the Company’s Content in whole or in part except as expressly authorized by Company.
To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Platform will not infringe rights of third parties not owned by or affiliated with us.
Your License to Content
We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Platform only as expressly permitted in these Terms. You shall not use the Platform for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Platform solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Platform, Content or our IP Rights.
Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Platform, as well as potential liability for IP Rights infringement depending on the circumstances.
In addition to above, you can promptly contact us through our email address firstname.lastname@example.org. if you think someone copies or publishes your work on the Site, and also infringes your copyright. Please also include the following information in the written notice: (i) materials evidencing that you have copyright or you are authorized to exercise copyright of the allegedly infringing content; (ii) your explicit identification, address and contact information; (iii) the network address of the allegedly infringing content; (iv) the description of the allegedly infringing copyright works; (v) materials evidencing that your copyright infringed; (vi) under the premise that you agree to bear all consequences of perjury, you issue written statement of the accuracy and authenticity of the content in your written notice.
Disclaimer of Warranties
You acknowledge and agree that the Platform and the products and services is provided “as is” and “as available” and that your use of the platform shall be at your sole risk. To the fullest extent permitted by applicable law, Company, its group companies, affiliates and their respective officers, directors, employees, agents, affiliates, branches, subsidiaries, and licensors (“Company parties”) disclaim all warranties, express or implied, in connection with the platform and your use of them. To the fullest extent permitted by applicable law, the Company parties make no warranties or representations that the Platform and the products and services have been and will be provided with due skill, care and diligence or about the accuracy or completeness of the same and assume no responsibility for any
- Errors, mistakes, or inaccuracies of platform and/or content,
- Acts, omissions and conduct of any third parties in connection with or related to the use of the services.
- Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Platform,
- Any unauthorized access to or use of our servers and/or any and all personal information stored therein,
- Any interruption or cessation of transmission to or from the Platform,
- Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the platform through the actions of any third party,
- Any loss of your data or content from the Platform and/or
- Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services. Any material downloaded or otherwise obtained through the use of the Platform is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
The Company parties will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. You are solely responsible for all of your communications and interactions with other users of the platform and with other persons with whom you communicate or interact as a result of your use of the platform. No advice or information, whether oral or written, obtained by you from Company or through or from the services shall create any warranty not expressly stated in these terms. Unless you have been expressly authorized to do so in writing by Company, you agree that in using the services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall the Company parties be liable to you for any damages resulting from any
- Errors, mistakes, or inaccuracies of content, and/or
- Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Platform including mobile app, and/or
- Acts, omissions and conduct of any third parties in connection with or related to the use of the services.
- Any unauthorized access to or use of our servers and/or any and all personal information stored therein, and/or
- Any interruption or cessation of transmission to or from our servers, and/or
- Any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the platform by any third party, and/or
- Any loss of your data or content from the Platform, and/or
- Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available via the platform, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company parties are advised of the possibility of such damages, and/or
- Your failure to keep your password or account details secure and confidential, and/or
- loss or damage which may be incurred by you, including but not limited to loss or damage as a result of reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the platform, and/or delay or failure in performance resulting from causes beyond Company’s reasonable control.
In no event shall the Company parties be liable to you for any indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, however caused and under any theory of liability, including but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Termination of your access to the Platform
We may reserve your right to access the Platform, Company Services, and your account and We may terminate your use of the Services and deny you access to the Platform in our sole discretion for any reason or no reason, including your: (i) violation of these Terms; or (ii) lack of use of the Platform. You agree that any termination of your access to the Platform may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Platform. If you use the Platform in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Platform.
Cookies cannot gather any personal information about you other than information you provide voluntarily, such as the information you enter if you choose to register on the Platform.
Most browser software lets you decide whether or not you want to allow cookies to be created. You can set your browser to notify you when a website sends a cookie to your computer. Most browsers also provide a way for you to remove cookies from your computer. If you tell your browser to deny cookies while you are visiting the Platform, visit will be terminated for your protection.
The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.
ENTIRE AGREEMENT AND WAIVER:
We shall not be liable for any failure and/or delay on their part in performing any of its obligation under these Terms and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by You by reason there of if such failure and/or delay shall be result of or arising out of Force Majeure Event or any cause which is beyond our reasonable control set out herein.
Explanation: “Force Majeure Event” means any event due to any cause beyond the reasonable control of Company , including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake , explosion, acts of God, civil commotion, strikes, lockout, pandemic, epidemic and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government, governmental orders or restrictions breakdown and/or hacking of the Platform and/or contents provided for availing the products and/or services under the Platform, such that it is impossible to perform the obligations under the Terms, or any other cause or circumstances beyond the control of Company which prevents timely fulfillment of obligation of Company.
Company does not warrant that Product description or other content of this Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
The Platform may contain any typographical error including pricing and if a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing, We shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and User has been charged. If User has already been charged for the purchase and User’s order is cancelled, We shall issue a credit to User’s account with the equivalent amount.
If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.
PARTNERSHIP OR AGENCY:
None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and Company and you shall have no authority to bind Company in any form or manner, whatsoever.
When You use the Platform or send emails or other data, information or communication to Us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We will communicate with You by email or by notices on Platform or electronic records on the Platform or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law,
JURISDICTIONAL ISSUES/SALE IN INDIA ONLY:
Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. We make no representation that materials in the Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and we shall not be responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
GOVERNING LAW AND JURISDICTION:
CARRIER RATES MAY APPLY:
By accessing the Platform through a mobile or other device, you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be solely responsible for any such costs incurred.
LINKING AND FRAMING:
You may not frame the Platform. You may link to the Platform, provided that you acknowledge and agree that you will not link the Platform to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in our sole discretion, result in termination of your use of and access to the Platform effective immediately.
You may contact Grievance Officer at the following address: