TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
1.1. Please read the following terms of service very carefully as these terms of service, as amended from time to time (the “Terms of Service”), are a legal agreement between ourselves, i.e., Ontique, and “you”, i.e, the user of the “Site”.
1.2. You must read and agree to be bound by the Terms of Service, before using the Site or subscribing to any products or service made available through or on the Site, including the sale, supply, payment, delivery, return or rejection of the products or services made available on, through or in connection with this Site (collectively the “Services”).
1.3. By subscribing to or using the Site or the Services, you have read, understood and are bound by the Terms of Service, together with all related policies and guidelines of this Site as indicated in these terms and conditions that are incorporated by reference.
1.4. We at our sole discretion reserve the right to change, amend or modify the Terms of Service at any time, without notifying you or assigning any reasons. You are responsible for regularly reviewing the Terms of Service.
1.5. If you do not agree to any changes or updates to the Terms of Service, your remedy is to not use the Site and to cancel any accounts or Services you have signed up for. Your continued use of the Site or the Services after a change or update has been made to the Terms of Service will constitute your acceptance of such change or update.
1.6. If you violate any Terms of Service, we may issue a warning about the violation, or we may choose, at our sole discretion, to immediately terminate or suspend any and all accounts that you have established, without assigning any reasons.
1.7. You acknowledge that we are not required to provide you notice before terminating or suspending our Services, but may choose to do so. We reserve the right to deny, in our sole discretion, any user access to the Site or Services without notice and for any reason (including, without limitation, for violation of these Terms of Service).
2. USER ACCOUNTS
2.1. If any Service requires you to open an account (“User Account”), you must complete the registration process by providing us with current, complete and accurate information (including your email address and other contact details) as prompted by the applicable registration form.
2.2. By providing your data, you agree to be communicated by us via email and sms to facilitate your navigation of and shopping from the website. We may communicate promotional offers periodically and as and when required.
2.3. You represent and warrant that all information provided by you in connection with your User Account, including any payment, contact or shipment details generally or in connection with an order, are true, complete and accurate. You agree and undertake to indemnify us against all damages, costs or losses incurred by us due to wrong, false, inaccurate or incomplete information provided by you.
2.4. All communication to you will be carried out through the contact details provided by you while opening an account. You are responsible to report any change in your User Account details by writing to us at firstname.lastname@example.org. The site is not responsible for any changes in User Account details once an order is placed.
2.5. You are responsible for maintaining the confidentiality of your User Account password and other account details and are entirely responsible for any and all activities that occur under your User Account. In case you suspect or identify any abuse of your User Account or any transaction through your User Account that is not carried out by you, you should immediately notify us in writing at email@example.com
2.6. Where any Service utilises the account management of any other social networking site (e.g., Facebook, LinkedIn, MySpace), you are responsible for maintaining the confidentiality of your password and account on such social networking site, and are fully responsible for all activities that occur under such account.
2.8. You represents that you are of legal age to form a binding contract with Ontique and are not disqualified in any manner from receiving services or from entering into a contract under the Indian Contract Act, 1872 and other laws as applicable in India.
3. PLACING AN ORDER
3.1. The Site is an online platform, where products are displayed for sale. Purchase of such products will be subject to the Terms of Services and such other additional terms, as specified by Ontique.
3.2. Ontique is not and cannot be a party to or control in any manner any transaction between you and our Sellers. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the Sellers that you transact with.
3.3. All contractual terms are offered by and agreed to between you and Ontique. The contractual terms including and without limitation the price of the product, the discount (if any), mode of payment, delivery costs, payment terms, delivery date, mode of delivery and product warranties related to products and services and after sales services related to products and services.
3.4. Ontique does not make any representation or warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Site. Ontique does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Site. Ontique accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
3.6. In order to enable you to view and place orders for any products made available on the Site, we will provide you with a visual representation of the product together with a summary description of the product. While every effort is made to provide accurate visual representations, cannot guarantee the exactness of such visual representation or description to the finish and appearance of the final product delivered to you. Alterations in certain aspects of your order such as appearance, size or colour may be caused due to difference in suppliers, brands and size charts of different brands, number of pixels in an image and other circumstances that are not within our control.
3.7. You may place a binding order, either using your User Account or as a guest, for any product made available on the Site pursuant to and upon completion of all the procedures prescribed on the Site for ordering the products on the Site, including by way of providing necessary address and contact details requested at the time of placing orders for shipment of the products ordered. Non-completion of such procedure prescribed on the Site shall not constitute a binding order and we will have no corresponding obligation to deliver the products ordered.
3.8. You may not change the address for delivery of the products provided by you after you place the binding order. To rectify any errors in a binding order you must contact our customer service representative. Provided that, acceptance of any such change or rectification is at our sole discretion and our decision in this regard is final and binding. Provided further that, you will be responsible for and hereby agree to indemnify us against all loss, including charges for shipment of the product if applicable.
3.9. Unauthorised use of other Ontique store accounts (other than your own), providing false information, including false identification, contact or shipment details constitute fraud. You agree and undertake to indemnify us against all damages, costs or losses incurred by us due to such fraudulent activity, in addition to any other remedy that is available to us under law for the time being in force, against you for such fraudulent activity.
3.10. All the Products are governed by the terms of warranties provided by the respective manufacturers. However, in the event any product is covered under a seller warranty, it shall be specifically mentioned under the product details.
3.11. Title and risk of loss or damage for all products ordered by you in accordance with these terms and conditions shall pass to you upon your receipt of the product. At no time shall Ontique hold any right, title or interest over the products nor shall Ontique have any obligations or liabilities in respect of such contract. Ontique is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
3.12. Ontique reserves the right to impose limits on the number of transactions which Ontique may receive from on an individual credit card, debit card, bank account and/or such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by you during any time period, and reserves the right to refuse to process transactions exceeding such limit.
4. PRICES AND PAYMENTS
4.1. All prices are in Indian Rupees. Prices, available products or other Services may change from time to time at our sole discretion.
4.2. Pricing on a product or related Service is generally as shown on the Site. Terms of payment are within our sole discretion, and unless otherwise agreed to by us, we must receive full payment prior to our acceptance of an order. Payment for the products must be made by credit or debit card, cash on delivery, or some other prearranged payment method specified on the Site. Orders are not binding upon us until accepted by us, and we reserve the right to decline the acceptance of any order. Prices shown are inclusive of applicable taxes. shipping ,handling, and packaging maybe be additionally payable and will be notified from time to time. Please review our shipping policy here. Shipping charges and taxes extra as applicable for prodcuts shipped outside India.
4.3. Due to technical issues, typographical errors or information received from our suppliers and service providers, prices of the products shown on the Site may vary during the order process. If you come across any errors in pricing or billing, we request you to contact us within 24 hours of receiving your order so that we may provide a remedy for the same.
4.4. While carrying out payment, through any of the payment channels provided on the Site, we are not responsible for losses or damage, if any, caused in connection with such transaction, including any losses caused by the payment gateway or due to drops in connection or duplication of orders due to double-ordering.
4.5. All valid credit / debit/ cash card/ and other payment instruments are processed using a credit card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between you and the respective issuing bank and payment instrument issuing company.
4.6. All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank which support payment facility to provide these services to you. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between you and the respective issuing bank.
5. SHIPPING, INSPECTION AND RETURNS
5.1. We will arrange shipping of the products ordered to your address in the manner specified in an accepted order. Title to the products passes to you upon delivery to the carrier, and risk of loss passes to you upon delivery to your address.
5.2. The costs of shipping and handling will be shown on your purchase receipt. We will inform you of estimated shipment dates, but will not be responsible for delays in delivery due to events beyond our control, including shortage of materials, labor strikes, transportation failure, defaults attributable to the shipping or courier company or acts of God.
5.3. Returns will be dealt with only as per the returns policy posted on the Site at the time of acceptance of the binding order.
6. LIMITATIONS ON USE OF SERVICES
6.1. Your license to use the Services or the Site is limited by the Terms of Service. All software made available to access the Services (“Software”) is copyrighted work owned by or licensed to us. We hereby grant you a personal, non-exclusive, non-transferable, revocable, limited scope license to use the Software solely for the purpose of viewing and using the applicable Services and the Site and for no other purpose whatsoever.
6.2. You agree and undertake not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, reverse engineer, create derivative works from, adapt, translate, transfer, sell any information, software, products or services obtained from the Services or the Site, without our prior express written consent.
6.3. You may not reverse engineer, decompile or disassemble any Software, including any proprietary communications protocol used by such Software.
6.4. You may not use any software or hardware that reduces the number of users directly accessing or using the Services.
6.5. As a condition of your use of the Services and the Site, you will not use the Services or the Site for any purpose that is unlawful or otherwise prohibited by the terms, conditions, and notices included in these Terms of Service.
6.6. You may not use the Site in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or threaten or interfere with any other person’s use or enjoyment of the Site.
6.7. The provisions of this clause shall be subject to the provisions of clause 9 of the Terms of Service.
7. RULES OF CONDUCT
7.1. The Site and Services provided may include e-mail services, bulletin board services, blogs, reviews, forums, or communication facilities designed to enable you to communicate with others or express your opinion (the “Communication Services”).
7.2. You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service.
7.3. We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to the Communication Services and to remove any materials at any time, without notice, for any reason and at our sole discretion. We also reserve the right to terminate or suspend your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
7.4. You acknowledge that chats, postings, conferences and other communication by users are not controlled or endorsed by us, and such communication shall not be considered reviewed, screened or approved by us.
7.5. Statements made in forums, conferences, bulletin boards and chats reflect only the views of their authors.
7.6. We specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in or viewing or other use of any Communication Services.
7.7. Managers and hosts are not our authorized spokespersons, and their views do not necessarily reflect our views.
7.8. You acknowledge and agree that your communication via the Communications Services is public and not private communication, and that you have no expectation of privacy concerning your use of these Communications Services.
7.9. You acknowledge that personal information that you communicate on the Communication Services may be seen and used by others and result in unsolicited communications. Therefore, we strongly encourage you to not disclose any personal information about yourself in your public communications on our Services.
7.10. We are not responsible for information that you choose to communicate to other users via the Communication Services, or for the actions of other users.
7.11. We reserve the right at all times to disclose any information or materials found on the Communication Services as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any such information or materials, in whole or in part, in our sole discretion.
7.12. In furtherance of the foregoing, and by way of example and not as a limitation, you agree that you will not access or use the Site, the Services, including any related Communication Services, in order to directly or indirectly do any of the following.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others or harms minors in any way;
- Publish, post, upload, transmit, distribute or disseminate content that is harmful, abusive, vulgar, sexually explicit, defamatory, libellous, blasphemous, pornographic, paedophilic, libellous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity, hateful or racially, ethnically or, in a reasonable person’s view, otherwise offensive or objectionable, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;
- Use, upload, transmit, distribute or otherwise make available any material or information, including images or photographs, which are made available through such Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
- Upload files that contain viruses, trojans, worms, time-bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the Site, operation of the Services or other users' computer or that are designated to interrupt, destroy or limit the functionality of any computer resource;
- Upload files that contain software or other information or material protected by third party intellectual property rights that belong to another person and to which the user does not have any right;
- Except as expressly authorized by us, advertise or offer to sell or buy any products or other material posted on the Site for any purpose, unless the Services specifically allow such messages;
- Restrict or inhibit any other user from using and enjoying the Site or any Services;
- Collect in any way personal information about others, including e-mail addresses, or use such information to send unsolicited emails;
- Violate any applicable laws or regulations, or promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services or the Software;
- Impersonate or create a false identity or provide information that is false, in complete or inaccurate;
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of such Services or other user or usage information or any portion thereof;
- Attempt to get a password, other account information, or other private information from a member or any other user of the Services or the Site;
- Use the Sites, Services or Software to resell or make any commercial use of the Sites, Services or Software, or otherwise commercially exploit the same, without our prior express written consent;
- Use the Services or the Site for fraudulent transactions including, without limitation;
- Conduct or forward surveys, contests, schemes or chain letters;
- Violate any code of conduct or other guidelines applicable to any Service or the Site or any Terms of Service;
- Deceive or mislead the addressee about the origin of messages or communicate any information that is offensive or menacing in nature; or
- Threaten 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.
8.1. “Content” shall mean the Software, communications, images, sounds, and all the material and information you see on the Site or in connection with the Services, whether provided by us or by users of the Services.
8.2. Strong or vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for the Site.
8.3. Our representatives may monitor your communications on the Site. But we cannot monitor all of the Content on the Site, and we do not attempt to do so. If you encounter something you find objectionable and in violation of these Terms of Services, you can report it to firstname.lastname@example.org.
8.4. We do not endorse, approve, or pre-screen any Content that you or any other third parties communicate. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Site.
8.5. We do not assume any responsibility or liability for Content that is generated by third party sites or members, users or other guests on our Site.
8.6. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any Content posted on the Site or in connection with any Service. Without limiting the foregoing, our affiliates and we have the right to remove any Content that is in violation of the provisions of these Terms of Service or is otherwise objectionable.
8.7. You agree and are solely responsible for ensuring that you upload or otherwise transmit on or through the Service or the Site, Content that is not subject to any third-party rights including any intellectual property rights of third party.
8.8. The provisions of this clause 8 shall be subject to the provisions of clause 9 of these Terms of Service.
9.1. The Site and Services, including, without limitation, all Software and Content, contains copyrighted material, trademarks and other proprietary information (including, without limitation, images, photographs, music, text, incorporated into the Software and data).
9.2. The entire contents of the Services and the Site and each area contained therein are copyright protected as a collective work under the laws of India. We, our licensors and our or their respective affiliates, as the case may be, own copyright in the selection, coordination, arrangement and enhancement of such Content. You acknowledge that we, our licensors and our or their respective affiliates, as the case may be, are and remain the owners of all right, title, and interest including copyrights and other intellectual property rights, in and to all materials posted on the Services or the Site and derivative works thereof, and that you do not acquire any of those ownership rights by accessing or posting such materials.
9.3. You hereby acknowledge and agree that you have no proprietary interest, moral rights, performer’s rights, copyright, or other intellectual property right in any account details, photographs uploaded, other Content on the Site, or any other materials appearing in or generated by the use of the Services. You further assure us that any such account details, photographs or other Content provide by you are copyright free and do not infringe the intellectual property rights or privacy rights of any third party.
9.4. You further acknowledge that other users and viewers of the Site have the right to copy, use, read and paste the information or other material posted by you on the Site.
10. OFFERS, CREDITS & VOUCHERS
10.1. We may from time to time introduce vouchers, offers and such other promotional schemes on the Site. The terms and conditions governing these schemes shall be specified while introducing these schemes. Provided that, in the event of any conflict between the Terms of Service and the terms and conditions of such schemes, the terms and conditions of the schemes shall prevail.
10.2. Vouchers, prizes or credits cannot be redeemed for cash.
11. JURISDICTIONAL ISSUES AND EXPORT CONTROL LAWS
11.1. We offer the products and Services from our offices in India. If you choose to access the Service from any other locations, you do so on your own initiative and are responsible for compliance with all local laws, if and to the extent local laws are applicable.
11.2. You agree to abide by applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or any software or other materials subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization.
11.3. You further agree not to upload to the Site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.
12. LINKS TO THIRD-PARTY SITES
12.1. The links to third party sites appearing on the Site will let you leave the Site. These linked sites are not controlled by us and may collect data or solicit personal information from you.
12.2. We, our licensors, and our or their respective affiliates and agents are not responsible for such linked sites, content, business practices or privacy policies, or for the collection, use or disclosure of any information by those sites.
12.3. We provide such linked sites only as a matter of convenience and the inclusion of any link does not imply an endorsement by us of such linked sites.
13. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
13.1. We, our licensors and any of our or their respective affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sub-licensees, agents, franchisees or subcontractors (collectively, the "Parties") do not warrant any connection to, transmission over, or results or use of, any network connection or facilities provided (or failed to be provided) through the Site or Services.
13.2. You are responsible for assessing your own computer and transmission network needs, and the results to be obtained there from. From time to time, we may scan your computer to confirm it meets minimum system specifications and you hereby agree to provide information in connection with technical support issues including, without limitation, bug reports.
13.3. You expressly agree that the use of the Site, services and software, and the internet is at your sole risk. You are solely liable for any breach of third party rights caused by your uploading any form of data, photographs or other content onto the site and we and our affiliates and licensors have no liability in this regard.
13.4. The site, services and software, and any other third-party services and products, are provided on an "as is" and "as available" basis for your use, without warranties or conditions of any kind, either express or implied, unless such warranties or conditions are legally incapable of exclusion under applicable law.
13.5. We do not warrant that you will be able to access or use the site or services at times or locations of your choosing, or that we will have adequate capacity for the services as a whole or in any specific geographic area.
13.6. The parties assume no responsibility for any loss, cost or damages suffered by you, including, but not limited to, loss of data, items or characters from delays, nondeliveries, errors, system down time, misdeliveries or service interruptions caused by the site, services or software, or by your or any other user's own errors or omissions.
13.7. You acknowledge and agree that to the maximum extent permissible by law the parties are not liable for any act or failure to act by them or any other person regarding conduct, communication or content on the services or use of the site, services or software.
13.8. You acknowledge and agree that your sole and exclusive remedy for any dispute with any of the parties is to stop using the service.
13.9. In no case shall the parties be liable for any special, incidental, indirect, punitive or consequential damages arising from your use of the site, services and software, the internet or for any other claim related in any way to your use of the services.
13.10. If any jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, then, in such jurisdictions, the liability of the parties shall be limited to the fullest extent permitted by law.
13.11. The parties do not endorse, warrant or guarantee any third-party product or service offered through the site and 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.
13.12. the parties make no representations about the quality, safety, suitability or any other aspect of the services or information contained in the documents and related graphics published as part of the services for any purpose.
13.13. The documents and related graphics published on the site and services could include technical inaccuracies or errors.
13.14. The parties may make improvements or other changes in the services and site at any time.