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These TERMS & CONDITIONS of the website located at the URL oorrkkaa.com and mobile applications under the name of OORRKKAA is between IBHYA TRADINGS (hereinafter referred to as “OORRKKAA” or or “We” or “Us” or “Our” or “Seller”) and the guest users or registered users of the Website (hereinafter referred to as “You” or “Your” or “Yourself” or “User”) describe the terms on which OORRKKAA offers You access to the Website and such other services as are incidental and ancillary thereto (“Services”). PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS & CONDITIONS, PLEASE DO NOT USE THE WEBSITE.
1.1 IBHYA TRADINGS is a company incorporated under the laws of India, with its registered office at 4/6A Chellammal Nagar 2nd Main Road, Ramapuram, Chennai 600089 and having GST# [mystoreownerGST]. IBHYA TRADINGS exhibits, advertises, displays, makes available and offers to sell the products and to enables buyer to purchase the products so offered (“Products”), and other incidental Services thereto (“Services”) including use of the Website by any User.
1.2 These TERMS & CONDITIONS are subject to revision by IBHYA TRADINGS at any time and hence the Users are requested to carefully read these TERMS & CONDITIONS from time to time before using the Website. The revised TERMS & CONDITIONS shall be made available on the Website. You are requested to regularly visit the Website to view the most current TERMS & CONDITIONS. It shall be Your responsibility to check these TERMS & CONDITIONS periodically for changes. IBHYA TRADINGS may require You to provide Your direct or indirect consent to any update in a specified manner before further use of the Website and the Services. If no such separate consent is sought, Your continued use of the Website and/or Services, following such changes, will constitute Your acceptance of those changes.
1.3 If there is any conflict:
(ii) between the Additional Service Terms and any other part of these TERMS & CONDITIONS, the Additional Service Terms shall take precedence in relation to that Service;
(iii) between these TERMS & CONDITIONS and any other notices, disclaimers or guidelines appearing on the Website, these TERMS & CONDITIONS shall take precedence but only to the extent of the conflict.
2.1 The Website is an electronic platform in the form of an electronic store that (a) provides a platform for IBHYA TRADINGS (seller) to advertise, exhibit, make available and offer to sell various Products to Users (who are buyers / customers), and (b) a platform for such Users to accept the offer to sell of the Products made by the seller on the Website and to make payments to the seller for purchase of the Products, and (c) services to facilitate the engagement of buyers and the seller to undertake commerce on the Website, and (d) such other services as are incidental and ancillary thereto. The Services are offered to the Users through various modes which may include issue of coupons and vouchers that can be redeemed for various Products.
3. Eligibility to Use
3.1 The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the OORRKKAA system by IBHYA TRADINGS for any reason whatsoever. If You are disqualified as per the preceding sentence, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, please read through these TERMS & CONDITIONS with your parent or legal guardian, and in such a case these TERMS & CONDITIONS shall be deemed to be a contract between IBHYA TRADINGS and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.
3.2 IBHYA TRADINGS reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
3.3 You shall not have more than one active Account (defined hereunder) on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person.
4. User Account, Password, and Security
4.1 You may access and use the Website and the Services either as a registered user or as a guest user. However, not all sections of the Website and Services will be accessible to guest users.
4.2 Registered users: OORRKKAA makes certain sections of the Services available to You through the Website only if You have provided OORRKKAA certain required User information and created an account and a OORRKKAA ID through certain log-in ID and password (“Account”). You can create Your Account on the Website through logging in by Your third party website user ID and password including that of www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, twitter or any other social media website or any other Internet service as permitted on the Website (OORRKKAA ID and/or other third party login identification as provided above are individually and collectively referred to the “Account Information”). In the event You register as a User by creating an Account in order to avail of the Services provided by the Website, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify OORRKKAA of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. OORRKKAA cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by OORRKKAA or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential. You shall ensure that the Account Information provided by You in the Website’s registration form is complete, accurate and up-to-date. Use of another user’s Account Information for availing the Services is expressly prohibited. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or OORRKKAA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, OORRKKAA has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).
4.3 Guest users: The Website also allows limited access to the Services for unregistered Users (also called as ‘guest users’). Such users will be able to browse the Website and use the Services for the purpose of purchasing goods, and placing orders. However, You will not be provided with access to certain benefits reserved only for the purpose of registered users. These benefits may change from time to time.
5. Payments related Information
5.1 Presently, OORRKKAA does not levy any fee for browsing the Website or buying the Products on the Website. OORRKKAA may charge Users certain fees for the use of the Website and Services as a whole, or certain features of the Website / Services. You agree to pay any such fees, as may be applicable to the Services that You use. OORRKKAA will try to ensure that You are made aware of the applicability of any fees for a particular use of the Website / Services, as well as the amount of fees payable by You for any such use of the Website / Service. You agree that OORRKKAA may, at any time, charge, modify or waive fees required to use the Website. Your continued use of the Website / Services after such change in the fees will be considered to be Your acceptance of such changes, and the applicability of these TERMS & CONDITIONS to such changes.
5.3 OORRKKAA may have existing arrangements with its banks, regarding limits on the amounts You can pay (if You are a buyer) in the course of a single transaction. OORRKKAA will work towards ensuring that You are made aware of such limits if they may be applicable to You. However, OORRKKAA shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of You/cardholder having exceeded the preset limit mutually agreed by OORRKKAA with its bank from time to time.
5.4 For Your making payments for buying the Products on the Website, in addition to the Agreement(s), the terms and conditions of Your bank, applicable financial institution and/or card issuing association may also be applicable to You. Your bank, financial institution or card issuing association may decline or prevent You from making electronic payments for buying the Products on Website and OORRKKAA does not control the same and shall be liable for the same.
5.5 Payment Facility for Your orders: OORRKKAA may from time to time contract with third party payment service providers including banks to open nodal bank account under applicable Indian laws, to facilitate the payments. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, pre-paid instruments, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner. OORRKKAA shall initiate the remittance of the payments made by Your for Your purchase orders on the Website after the Products are delivered to You and the date of completion of transaction shall be after the Products are delivered to You and such other additional time as may be agreed between OORRKKAA and sellers.
6. User Obligations And Role Of OORRKKAA
6.1 Subject to compliance with the Agreement(s), OORRKKAA grants You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website and the Services provided therein.
6.2 You agree to use the Services, Website and the Content (as defined herein) provided therein only for purposes that are permitted by: (a) the Agreement(s) (including these TERMS & CONDITIONS); and (b) any applicable law.
6.3 You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogues) that Your access on the Website in accordance with clause 7.
6.4 You agree not to access (or attempt to access) the Website or Services by any means other than through the interfaces that are provided by OORRKKAA. You shall not use any deep-link, 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 Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
6.5 If you believe that any Content or User Content (as defined herein) or other content available on the Website does not comply with the terms of the Agreement(s) or applicable law, You may report such content in the manner prescribed under clause 14 herein.
6.6 The Website may allow you to post certain content, data or information of Your own such as allowing You to rate Products, post your comments, and reviews in relation to Products on specific pages of the Website, as well as submit any suggestions, comments, questions or other information to OORRKKAA using the Website / Services (collectively referred to “User Content”). You, being the originator of the User Content, are responsible for the User Content that You upload, post, publish, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that OORRKKAA does not endorse any User Content on the Website and is not responsible or liable for any User Content. OORRKKAA reserve the right to disable access to the User Content on the Website.
6.7 You hereby grant OORRKKAA a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that You own or otherwise control all of the rights to the User Content that You post or that You otherwise provide on or through the Website; and that, as at the date that the User Content is posted or submitted on the Website: (i) the User Content is accurate; (ii) use of the User Content You supply does not breach these TERMS & CONDITIONS; and (iii) that such User Content is lawful.
6.8 You agree, understand and acknowledge that the Website is an electronic platform in the form of an electronic store that provides an electronic venue where various Users may electronically engage in commerce and transact.
6.9 When you use the Website and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content that: belongs to another person and to which the User does not have any right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnicall objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; harms minors in any way; impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity; threatens the unity, integrity, defense, 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 of any other nation; infringes any patent, trademark, copyright or other proprietary rights; contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website); attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any OORRKKAA server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means; probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of OORRKKAA, including any OORRKKAA Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website; disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites; use the Website or Content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of OORRKKAA or other third parties; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; violate any code of conduct or other guidelines, which may be applicable for or to any particular Service; violate any applicable laws or regulations for the time being in force within or outside India; violate the terms of the Agreement.
6.10 You agree that You are solely responsible to OORRKKAA and to any third party for any breach of Your obligations under these TERMS & CONDITIONS or other Agreements and for the consequences (including any loss or damage which OORRKKAA or its affiliates or its vendors may suffer) for any such breach.
6.11 OORRKKAA does not pre-screen User Content. OORRKKAA has no obligation to monitor any User Content. However, OORRKKAA at its discretion and/or in accordance with applicable law may monitor any User Content and may remove any User Content from the Website if OORRKKAA determines in its sole discretion that such User Content is in violation of these TERMS & CONDITIONS or any applicable law. Where OORRKKAA removes any User Content from the Website, OORRKKAA will make reasonable efforts to inform the user who had posted such User Content. Such actions do not in manner negate or dilute OORRKKAA’s position as an intermediary or impose any liability on OORRKKAA with respect to User Content.
6.12 You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the Website. You may incur access or data fees from third parties in connection with your purchase and/or use of the services. You are responsible for all such fees.
6.13 You shall use this Website, and any voucher/coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
6.14 You may need to install updates that we or any third party introduce from time to time to use the services, Products, Website including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, “Updates”). Your use of the Products or Website you have installed requires that you have agreed to receive such automatically requested Updates.
6.15 Any purchase of the Products from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Products purchased are not transferrable to any third party for profit. Accordingly, OORRKKAA reserves the right to cancel any orders that classify as ‘Bulk Order’ as determined by OORRKKAA as per certain criteria. Any rewards or benefits provided by OORRKKAA and used by You for placing the ‘Bulk Order’ will not be refunded. An order can be classified as ‘Bulk Order’ if it meets certain criteria adopted by OORRKKAA for the purpose of identifying ‘Bulk Order’, including but not limited to: a. Products ordered for commercial resale and not for self-consumption; b. Multiple orders placed for same product at the same address; c. Bulk quantity of the same product ordered; d. Invalid address given in order details; or e. Any malpractice used to place the order.
6.16 There may be certain orders that OORRKKAA is unable to process buyer’s order and must cancel. Some situations that may result in OORRKKAA’s inability to process buyer’s order include, without limitation, non-availability of the Website service, force majeure, credit limitations or suspected fraud.
6.17 In case buyer purchases multiple Products in one transaction, the Seller(s) may deliver all such Products together. However, this may not always be possible. If buyer purchases multiple Products in a single transaction, then all the Products would be dispatched to a single delivery address provided by buyer at the time of purchase. If buyer wishes to get delivery of the Products to different addresses, then buyer should purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. Buyer agrees that the delivery of the Products can be made to the person who is present at the shipping address provided by You.
6.18 In certain cases, where buyer requires certain services in relation to a Product, such as warranty, after-sales or installation services, buyer shall directly contact seller or the manufacturer. However, in the event, buyer contacts OORRKKAA for the same, OORRKKAA may inform the seller to provide or facilitate the provision of such services to the buyer. OORRKKAA is not and shall not be obliged to provide any such additional services. OORRKKAA’s role in relation to facilitating such services shall be limited to facilitating communication between buyer and the seller for the purpose of provision of such additional services.
6.19 You represent and warrant that (i) You are not located in a country that is subject to a Indian Government embargo, or that has been designated by the Indian Government as a “terrorist supporting” country; and (ii) You are not listed on any Indian Government list of prohibited or restricted parties.
7. Use of Content
7.1 Except as expressly indicated to the contrary in any applicable Additional Service Terms, OORRKKAA hereby grants You a non-exclusive, revocable and non-transferable right to view, download and print product catalogues available on the Website, subject to the following conditions: You may access and use the product catalogues solely for personal, informational, and internal purposes, in accordance with these TERMS & CONDITIONS; You may not modify or alter product catalogues available on the Website; You may not distribute or sell, rent, lease, license or otherwise make the product catalogues available on the Website available to others; and You may not remove any text, copyright or other proprietary notices contained in the product catalogues available on the Website.
7.2 The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part.
7.3 Any software that is available on the Website is the property of OORRKKAA or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by the Agreement or by the express written permission of OORRKKAA.
8. Intellectual Property Rights
8.1 The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Website is owned and controlled by OORRKKAA or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website, by no means are any rights impliedly or expressly granted to You in respect of such Content. OORRKKAA reserves the right to change or modify the Content from time to time at its sole discretion.
8.2 The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of OORRKKAA or their vendors/seller or respective third parties. You are not permitted to use the Marks without the prior consent of OORRKKAA, the vendor/seller or the third party that may own the Marks.
8.3 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, OORRKKAA owns all intellectual property rights to and into the trademark “OORRKKAA”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
8.4 Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from OORRKKAA or thirty party owner of such Content.
9. Third Party Content
9.1 General third party information such as, product catalogues, product description and specifications, lists of dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources is made available on the Website (“Third Party Content”). The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable or provided by the sellers in the process of advertising, exhibiting and offering to sell the Products on the Website. All Third Party Content is provided on an ‘As Is’ basis. OORRKKAA may not own / have the rights and title to any such Third Party Content, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. OORRKKAA shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content.
9.2 In the event any Third Party Content contains links to third party websites, and You visit any such external link, You agree to do so at your own risk, responsibility and liability. OORRKKAA makes no warranty or representation regarding, and does not endorse, any website linked to the Website / Services or the information appearing thereon or any of the products or services described thereon.
10. Disclaimer Of Warranties & Liability
10.1 THE WEBSITE, SERVICES, CONTENT, USER CONTENT AND ANY THIRD PARTY CONTENT ARE PROVIDED BY OORRKKAA ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, OORRKKAA MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE ORSERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OORRKKAA OR THROUGHTHE WEBSITE / CONTENTOR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS & CONDITIONS. 10.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OORRKKAA WILL HAVE NO LIABILITY RELATED TO USER CONTENT AND / OR THIRD PARTY CONTENTARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. OORRKKAA ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD PARTY CONTENT. 10.3 YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW OORRKKAA WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. OORRKKAA HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT OORRKKAA NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. OORRKKAA SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, OORRKKAA SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND OORRKKAA ‘S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. OORRKKAA IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. OORRKKAA ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
10.4 In the event You have purchased / downloaded the Website from any online application stores, whether provided by Apple, Inc., Google, Inc. or Blackberry Limited (or their respective affiliates) (collectively referred to as “Store Providers”), and there occurs any failure of the Website and / or Services, You may follow the process recommended by the Store Provider under the terms of the contract applicable between You and such Store Provider. The Store Providers shall not be liable for any (i) warranty obligations of OORRKKAA and related claims, losses, liabilities, damages, costs or expenses; (ii) product liability / consumer protection claims, and claims related to the Website’s non-conformity with any applicable laws; and (iii) any third party claims of infringement of intellectual property rights by the Website / OORRKKAA.
11. Indemnification and Limitation of Liability
11.1 You agree to indemnify, defend and hold harmless OORRKKAA, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as “indemnified parties”) from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or (iii) any claim that any Third Party Content / content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.
11.2 OORRKKAA may notify You of any claims which You shall be liable to indemnify OORRKKAA against. You will then be required to consult with OORRKKAA regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of OORRKKAA without the express prior written consent of OORRKKAA which can be withheld or denied or conditioned by OORRKKAA in its sole discretion.
11.3 Notwithstanding anything to contrary in the Agreement(s), OORRKKAA’s entire and aggregate liability to You under and in relation to these TERMS & CONDITIONS or otherwise shall not exceed the greater of Indian Rupees One Hundred (INR 100) or the amount of fees, if any, paid by You to OORRKKAA under the relevant order to which the cause of action for the liability relates.
11.4 Notwithstanding anything to contrary in the Agreement(s), in no event shall OORRKKAA, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not OORRKKAA has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or Content.
12.1 The Agreement will continue to apply until terminated by either You or OORRKKAA as set forth below. If You want to terminate Your agreement with OORRKKAA, You may do so by (i) not accessing the Website; or (ii) closing Your Account for all of the Services that You use (via email / contact form).
12.2 You agree that OORRKKAA may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if OORRKKAA determines that You have violated the terms of these TERMS & CONDITIONS or any other Agreement(s). You also agree that any violation by You of the Agreement(s) will cause irreparable harm to OORRKKAA, for which monetary damages may be inadequate, and You consent to OORRKKAA obtaining any injunctive or equitable relief that OORRKKAA deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies OORRKKAA may have at law or in equity.
12.3 In addition to Clause 12.2 above, OORRKKAA may, at any time, with or without notice, terminate these TERMS & CONDITIONS (or portion thereof, such as any individual Additional Terms) with You if: OORRKKAA is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies; The provision of the Services to You by OORRKKAA is, in OORRKKAA’s opinion, no longer commercially viable; OORRKKAA has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or In the event OORRKKAA faces any unexpected technical issues or problems that prevent the Website and / or Services from working.
12.4 OORRKKAA may also terminate or suspend all or a portion of Your Account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) disabling access to the Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof), and any User Content uploaded by You; and (iii) prohibiting further use of the Services.
12.5 You agree that all terminations shall be made in OORRKKAA’s sole discretion and that OORRKKAA shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.
12.6 Notwithstanding the foregoing, these such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until OORRKKAA chooses to terminate them. OORRKKAA may inform the sellers who have accepted Your purchase orders on the Website, that this Agreement is terminated, and upon such information sellers may cancel the purchase order. OORRKKAA may also cancel all Your non-fulfilled orders on the Website without any obligation or liability towards You.
13. Governing Law and Jurisdiction
13.1 These TERMS & CONDITIONS and all transactions entered into on or through the Website and the relationship between You and OORRKKAA shall be governed in accordance with the laws of India without reference to conflict of laws principles.
13.2 You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, these TERMS & CONDITIONS, the Agreement(s) or any transactions entered into on or through the Website or the relationship between You and OORRKKAA shall be subject to the exclusive jurisdiction of the courts at Chennai and You hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against a party if given as provided herein.
14. Report Abuse And Take Down Policy
14.1 In the event You come across any abuse or violation of these TERMS & CONDITIONS or if You become aware of any objectionable content on the Website, or if You believe your intellectual property rights have been violated in any manner through the Website, please refer to the OORRKKAA Report and Take Down Policy available at OORRKKAA.com under “Policy Info” section.
15.1 When You use the Website or send emails or other data, information or communication to OORRKKAA, You agree and understand that You are communicating with OORRKKAA through electronic records and You consent to receive communications via electronic records from OORRKKAA periodically and as and when required. OORRKKAA will communicate with You by email or by notices on Website or electronic records on the Website or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law, 16. General Provisions
16.1 Notice: All notices with respect to these TERMS & CONDITIONS from OORRKKAA will be served to You by email or by general notification on the Website. Any notice provided to OORRKKAA pursuant to these TERMS & CONDITIONS should be sent to Grievance Officer at firstname.lastname@example.org
16.2 Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. OORRKKAA’s rights and/or obligations under the Agreement are freely assignable or otherwise transferable by OORRKKAA to any third parties without the requirement of seeking Your prior consent. OORRKKAA may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. OORRKKAA shall have right to transfer Your Account and Account Information to a third party who purchases OORRKKAA’s business as conducted under the Website.
16.3 Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. OORRKKAA may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these TERMS & CONDITIONS.
16.4 Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these TERMS & CONDITIONS or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
16.5 Force Majeure: If performance of any service or obligation under these TERMS & CONDITIONS or other Agreement by OORRKKAA is, or other third parties in fulfillment of any purchase or sale transaction (for eg: logistics service provider, fulfillment center, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of OORRKKAA or its third parties performing such services as sub-contractor to OORRKKAA and could not have been prevented by reasonable precautions (each, a “Force Majeure Event”), then OORRKKAA shall be excused from such performance to the extent of and during the period of such Force Majeure Event. OORRKKAA shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.
16.7 Grievance Officer: In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of OORRKKAA for the purpose of this Agreement shall be IBHYA TRADINGS with email address: email@example.com. OORRKKAA may change the aforesaid details from time to time under intimation to You.
17. Feedback and Information
17.1 Any feedback You provide to this Website shall be deemed to be non-confidential. OORRKKAA shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) OORRKKAA is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) OORRKKAA may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from OORRKKAA for the feedback under any circumstances.
17.2 To clarify, OORRKKAA may at its discretion, make any modifications or changes to the Website, Content and / or Services on the basis of such feedback, however OORRKKAA shall not be obliged to do so. Further, in the event that OORRKKAA makes any changes or modifications to the Website, Content and / or Services on the basis of any such feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Website, Content and / or Services. You expressly waive any and all rights in such changes or modifications to the Website, Content and / or Services, and assign to OORRKKAA, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Website, Content and / or Services, in perpetuity. You hereby waive all rights under Section 19(4) of the Indian Copyright Act, 1956, or other similar provisions in laws of any jurisdiction, in relation to any such changes or modifications to the Website, Content and / or Services.
Personal identification information: We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, subscribe to the newsletter, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number. Users may, however, visit our Site anonymously. Users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information: We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means the type of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
How we use collected information: IBHYA TRADINGS may collect and use User’s personal information for the following purposes:
To improve customer service: Information provided by Users helps us respond to the customer service requests and support needs, more efficiently.
To personalize User experience: We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
To improve our Site: We may use feedback provided by the User/s to improve our products and services. To run a promotion, contest, survey or other Site feature.
To send the User/s information they agreed to receive about topics of interest to them.
To send periodic emails. We may use the email address to respond to the inquiries, questions, and/or other requests of User/s. If User/s decide/s to opt to be part of our mailing list, then the User/s will receive emails about company news, updates, related product or service information, etc. If at any time the User/s would like to unsubscribe from receiving future emails, they may do so by contacting us via our Site.
How we protect User’s information: We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of User’s personal information and data stored on our Site. Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
Sharing personal information of User/s: We do not sell, trade, or rent User’s personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding User/s with our subsidiaries, our business partners, trusted affiliates and advertisers for the purposes outlined above
Terms of Sale, Return & Refunds
1. Offer and Acceptance of the Product
2.1 All offer of sale of Products are governed by the description and specifications of the Product, terms of warranties provided by the respective manufacturer/brand owners (as applicable) in addition to these Terms of Sale. In the event a manufacturer/brand owners (as applicable) is providing any warranty, details of such warranty will be specified on the relevant Product webpage on the Website or on the label printed on the Product package. Such warranties are provided by manufacturer/brand owners (as applicable) and will be fulfilled by the manufacturer/brand owners (as applicable).
2.2 The availability of the Product under the offer to sell is subject to change without notice prior to the purchase of the Product by the Buyer. However, there may be circumstances where the Product may not be available to be delivered to the Buyer after the purchase transaction. In such an event, Seller may cancel or instruct OORRKKAA to cancel such purchase transaction without any recourse to Buyer and without any liability to the Seller or to OORRKKAA. If Buyer’s order is so cancelled, after the payment has been processed, the said amount will be reversed / remitted to the Buyer either to the bank account provided by the Buyer for such reversal, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. OORRKKAA shall have the sole discretion to determine the mode of reversal from the above options.
2.3 With respect to the sale of Product by Seller to the Buyer, the Seller hereby represents and warrants to the Buyer that: Seller has the right to sell the Products to the Buyer on or through the Website; Buyer shall have and enjoy quiet possession of the Products; Products shall be free from any charge or encumbrance in favor of third party; Buyer shall be entitled to all the warranties and other collaterals applicable to the Product or as generally made available by the manufacturer or seller of the Product; Product shall meet the description and specifications as provided on the Website.
3. Pricing Information
3.1 The Selling Price of the Product is subject to change without notice prior to the purchase of the Product by the Buyer. The Selling Price is provided on the Website on ‘as is’ basis as provided by the Seller. Due to technical reasons there may be errors in Selling Price which may be corrected by the Seller at any time and any acceptance of offer of sale by the Buyer of the Products subject to such faulty Selling Price shall, subject to discretion of the Seller, not be a valid acceptance and such transaction can be avoided by the Seller.
3.2 All prices are inclusive of GST unless stated otherwise.
4. Delivery of the Product
4.1 There are various delivery models for delivery of purchased Product to the Buyer, as decided by the Seller. The risk of any damage, loss or deterioration of the Products during the course or delivery or during transit shall be on the Seller and not on the Buyer. Seller represent and warrant that the Products being delivered are not faulty and are exactly those Products which are listed and advertised by Seller on the Website and purchased by the Buyer and meet all descriptions and specifications as provided on the Website.
4.2 Buyer’s shipping address, pin code will be verified with the database of Website before a Buyer proceed to pay for Buyer’s purchase. In the event Buyer’s order is not serviceable by logistic service providers or by Seller or the delivery address is not located in an area that is covered under the order confirmation form, Buyer may provide an alternate shipping address on which the Product can be delivered by the logistics service provider or by the Seller.
4.3 Please note that there is no guaranteed dispatch time and any information about the dispatch time is estimate only and should not be relied upon as such. Therefore, time is not the essence of the bi-partite contract between the Buyer and the Seller for purchase and sale of Product on or through the Website. However, the Product shall not be delivered to the Buyer unless the Buyer makes the payment of the purchase of Product.
4.4 Buyer shall be bound to take delivery of the Products purchased by the Buyer that are said to be in a deliverable state. Where Buyer neglects or refuses to accept the delivery of the Products ordered by the Buyer, the Buyer may be liable to the Seller for such non-acceptance and shall further be liable to OORRKKAA for any loss of any fee or charges that OORRKKAA and its third parties shall have earned if such delivery or transaction should have been completed. Buyer acknowledges that such damages or loss to OORRKKAA and its third parties are not consequential or indirect.
4.5 The title in the Products and other rights and interest in the Products shall directly pass on to the Buyer from Seller upon delivery of such Product and upon full payment of price of the Product. Upon delivery, the Buyer is deemed to have accepted the Products. The risk of loss shall pass on to the Buyer upon delivery of Product.
5. Return Policy for Products
5.1 Buyer’s Product related complainant for refund or replacement will the processed in accordance with OORRKKAA policies. However, in the event of false, frivolous or baseless complaints regarding the delivery or quality of the Products, the Buyer will not be eligible for refund or replacement.
5.2 Before accepting delivery of any Product, the Buyer shall reasonably ensure that the Product’s packaging is not damaged or tampered.
5.3 The return process of a Product may be subject to additional terms depending on the nature and category of the Product. Any such additional terms may be specified on the Website or be intimated by the Seller at the time of purchase of the Product.
5.4 In the event the return of a Product is duly accepted by Seller, the value of such Product, as originally paid by Buyer during acceptance of Product, will either be refunded to Buyer either to the bank account provided by the Buyer for such refund, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. OORRKKAA shall have the sole discretion to determine the mode of reversal from the above options.
6. Cancellation of transaction / orders
6.1 Cancellation by Seller: There may be certain orders that Seller is unable to accept and has the right to cancel such order. Seller reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in Buyer’s order being cancelled include, without limitation, non-availability of the Product or quantities ordered by Buyer or inaccuracies or errors in pricing information. Seller may also require additional verifications or information before processing any order. All such cancellation shall be without any recourse to Buyer and without any liability to the Seller. If Buyer’s order is so cancelled, after the payment has been processed, the said amount will be reversed / remitted to the Buyer either to the bank account provided by the Buyer for such reversal, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. OORRKKAA shall have the sole discretion to determine the mode of reversal from the above options. In the event a promotional code given by OORRKKAA is used for the purchase of the Product, the amount under such promotional code shall not be refunded in case of cancellation of order. The above is the sole remedy of the Buyer and the sole liability of the Seller and sole responsibility of OORRKKAA for any cancellation of the purchase order by the Seller or otherwise other than by the Buyer.
6.2 Cancellation by the Buyer: In case of requests for order cancellations, Seller reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Seller receives a cancellation notice and the order has not been processed, Seller may cancel the order and refund the entire amount to Buyer within a reasonable period of time. Seller will not be able to cancel orders that have already been processed by the Seller. Buyer agrees not to dispute the decision made by Seller and accept Seller’s decision regarding the cancellation.
6.3 Set-off of any benefits availed by the Buyer: In case the Buyer has availed any benefit under any marketing or promotions provided by OORRKKAA in relation to the Product for or promotions provided by OORRKKAA in relation to the Product for which the order has been cancelled by the Buyer or by the Seller, Buyer agrees and authorizes OORRKKAA to recover such benefits from the Buyer or set-off the same from any refunds to the Buyer.
7. Governing Law
7.1 These Terms of Sale shall be governed in accordance with the laws of India without reference to conflict of laws principles. You acknowledge that these Terms of Sale are solely for Your benefit. It is not for the benefit of any other person, except for Your successors and permitted assigns.