TERMS
AND CONDITIONS OF SERVICE AND USE
1. GENERAL
a.
We, M/s. BuyOoz Online Retail, a Sole proprietorship having
its registered office at “Door no : 13-6-825,2nd floor
Sadar apartments, moghal Nagar, ring road Hyderabad 500006”,
represented by its members, hereinafter referred to as the “Firm” (where such expression shall,
unless repugnant to the context thereof, be deemed to include its respective
legal heirs, representatives, administrators, permitted successors and assigns). The creator of these Terms of
Service ensures steady commitment to
Your privacy with regard to the protection of your invaluable information. This
document contains information about the Website owned by
the Firm “BuyOoz” at
its Website https://www.buyooz.com and
Application "BuyOoz" (hereinafter
referred to as the “Platform”).
b.
For the purpose of these Terms of Use (“Terms”), wherever the context so
requires,
·
“We”, “Our”, and “Us” shall mean and refer to the Platform and/or the Firm, as the context so
requires.
·
“You”, “Your”, “Yourself”, “User” and “Customer” shall mean and refer to natural and legal individuals who use the Platform and who is competent to enter into binding contracts, as per
Indian laws.
·
‘Users’
shall refer to the individuals using either or both of the platform
· "Services” shall refer to the
only E-Commerce platform provided by the Firm displaying various products across
multiple categories like Home Furnishing, Electronics, Fashion and Lifestyle,
product deals in Laptop Backpacks, Casual Bags, Wallets, Belts, Luggage,
Watches, Headphones, and Mobile Accessories and many more.
·
“Third Parties” refer to any Application, Firm or individual apart from the User and the creator of
this Platform.
· The term “Platform” refers to the Website owned and controlled by the Firm.
·
The term “Website” refers to
the domain name "https://www.buyooz.com"
which provides the User with the platform to make
purchases.
·
The term "Application"
refers to the Application "BuyOoz"
available to the Android and iPhone Users on their Play Store and App Store
respectively.
·
The headings of each section in these Terms are only
for the purpose of organizing the various provisions under these Terms in an
orderly manner and shall not be used by either Party to interpret the
provisions contained herein in any manner. Further, it is specifically agreed
to by the Parties that the headings shall have no legal or contractual value.
·
The use of this Platform by the Users is solely governed
by these Terms as well as the Privacy Policy, and any modifications or
amendments made thereto by the Firm, from time to time, at its sole discretion.
If You continue to access and use this Platform, you are agreeing to comply with
and be bound by the following Terms and Conditions of Use and Our Privacy
Policy. The User expressly agrees and
acknowledges that these Terms and Policy are co-terminus in nature and that
expiry/termination of either one will lead to the termination of the other.
·
The User unequivocally agrees
that these Terms and the aforementioned Policy constitute a legally binding
agreement between the User and the Firm, and that the User shall be subject to
the rules, guidelines, policies, terms, and conditions applicable to any
service that is provided by the Platform, and that the same shall be deemed to be
incorporated into these Terms, and shall be treated as part and parcel of the
same. The User acknowledges and agrees that no signature or express
act is required to make these Terms and the Policy binding on the User and that the User’s act of visiting
any part of the Platform constitutes the User’s full and final acceptance of these Terms and
the aforementioned Policy.
·
The Firm reserves the sole and exclusive right to
amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees
that any such amendments or modifications shall come into effect immediately.
The User has a duty to
periodically check the terms and stay updated on its requirements. If the User continues to use the
Platform following such a
change, the User will be deemed to
have consented to any and all amendments/modifications made to the Terms and
Conditions and any other Policies pertaining to this Platform. In so far as the
User complies with these
Terms, it is granted a personal, non-exclusive, non-transferable, revocable,
limited privilege to access and use the Platform and the Services. If the User does not adhere to
the changes, User must stop using the Services at once. User's continuous use
of the Services will signify User's
acceptance of the changed terms and/or Conditions.
2.
REGISTRATION
a.
Registration is mandatory for accessing any or all Content
on the Platform owned by the Firm.
b.
Users shall register themselves on the Platform by providing
information including but not limited to personal information such as Name,
Date of Birth, E-mail address, contact number, etc.
c.
The Registration and use of the Platform are free of cost and
no charges are applicable for the same.
d. Registration for this Platform is available only to those above the age of eighteen (18) years, barring
those “Incompetent to Contract” which inter
alia include insolvents. If you are a minor and wish to use the Platform as
a User, You may do so through your legal guardian and the Firm reserves the right to terminate your account
on knowledge of You being a minor and having registered on the Platform or availing
any of the features available on the Platform.
e.
Further, at any time during
Your use of this Platform, including but not limited to the time of registration, You are solely
responsible for protecting the confidentiality of Your Username and password, and any
activity under the account shall be deemed to have been done by You. In the
case that you provide us with false and/or inaccurate details or we have reason
to believe you have done so, we hold the right to permanently suspend your
account and your use of the Platform. You agree that you will not disclose your
password to any third party and that you will take sole responsibility for any
activities or actions under your account, whether or not you have authorized
such activities or actions. You will immediately notify us of any unauthorized
use of your account.
3.
ELIGIBILITY
a.
The User represents and
warrants that they are competent and eligible to enter into legally binding
agreements and of 18 years of age and that they have the requisite authority to
bind themselves to these Terms in accordance with the Law.
b.
The User further
represents that they will comply with this Agreement and all applicable local,
state, national and international laws, rules and regulations.
c.
The User may not use the Platform if they are not competent to contract or are
disqualified from doing so by any other applicable law, rule or regulation
currently in force.
4.
5.
CONTENT
a.
All or any text, graphics, User interfaces, visual
interfaces, photographs, trademarks, logos, brand names, descriptions, sounds,
music and artwork (collectively, ‘Content’), is generated/provided or
based on information provided by third parties and Firm or the Platform has no
control and make no guarantees regarding the quality, the accuracy, integrity
or genuineness of such Content. All the Content displayed on the Platform is subject to
copyright and shall not be reused by any party (or a third party) without the
prior written consent of the Firm and/or the copyright owner.
b.
The User is solely responsible for the integrity,
authenticity, quality and genuineness of the content provided on the Platforms and whilst feedback
and comments by Users can be made via the Platform, the Platform bears no liability
whatsoever for any feedback or comments made by the Users or made in respect
of any of the content on the Platform. Further, the Platform reserves its right
to suspend the account of any User for an indefinite period to be decided at the
discretion of the Platform, or to terminate the
account of any User who is found to have
created or shared or submitted any Content or part thereof that is found to be
untrue/inaccurate/misleading or offensive/vulgar. The User shall be solely
responsible for making good any financial or legal losses incurred through the
creation/sharing/submission of Content or part thereof that is deemed to be
untrue/inaccurate/misleading.
c.
The Users have a personal, non-exclusive, non-transferable,
revocable, limited privilege to access the Content on the Platform. Users shall not copy,
adapt, and modify any content without written permission of the Firm.
6.
TERM
a.
These Terms shall
continue to form a valid and binding contract between the Parties and shall
continue to be in full force and effect until the User continues to access
and use the Services and Platforms.
b.
A User may terminate their
use of the Services and the Platform at any time.
c.
The Firm may
terminate these Terms and close a User’s account at any time without notice and/or
suspend or terminate a User’s access to the Platform at any time and for any reason, if any
discrepancy or legal issue arises.
d.
Such suspension or termination shall not limit
our right to take any other action against you that the Firm considers
appropriate.
e.
It is also hereby
declared that the Firm may discontinue the Services and Platform without any prior notice.
7.
TERMINATION
a.
The Firm reserves the right, in its sole discretion,
to unilaterally terminate the User’s access to the Services, or any portion
thereof, at any time, without notice or cause.
b.
The Platform also reserves
the universal right to deny access to particular Users, to any/all of its Services without any prior notice/explanation in order to
protect the interests of the Platform and/or other
visitors to the Platform.
c.
The Platform reserves the
right to limit, deny or create different access to the Platform and its features
with respect to different Users, or to change
any of the features or introduce new features without prior notice.
d.
The User shall continue
to be bound by these Terms, and it is expressly agreed to by the Parties that
the User shall not have
the right to terminate these Terms till the expiry of the same.
8.
COMMUNICATION
a. By using this Services and Platform, and providing his/her identity and contact
information to the Firm through the Platform, the User
hereby agrees and consents to receive calls, e-mails or SMSs from the Firm
and/or any of its representatives at any time.
b.
Users can report to info@buyooz.com if the user finds
any discrepancy with regard to Service related information provided on the
platform and the Firm will take necessary action after an investigation. The response with resolution (if any issues
found) shall be dependent on the time is taken for investigation.
c. The User expressly agrees that notwithstanding anything
contained hereinabove, it may be contacted by the Firm and/or any
representatives relating to any service availed of by the User on the Platform or anything pursuant
thereto and the User agrees to indemnify
the Firm from any and all harassment claims. It is expressly agreed to by the
Parties that any information shared by the User with the Firm
through this Platform shall be governed by the Privacy Policy.
9.
PAYMENT
Charges
Registration and Subscription to the Services on the Platform are
free of cost.
Further,
the Platform does not bear any
liability for any activities, breaches, discrepancies or technical problems
experienced by the Users whilst using any
third-party payment gateway to make payments if any made for any other user.
The relationship between the Users and third-party
payment gateway shall be governed by the Terms of Use and Privacy Policy of the
said payment gateway, and the Platform and/or
the Firm shall not be associated with any dispute arising therefrom.
10.
USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
The
User agrees and acknowledges that they are a
restricted User of this Platform and that they:
a.
Agree to provide genuine credentials during the
process of registration on the Platform. You shall not use a fictitious
identity to register. The Firm shall take no liability for the User if
the User has provided incorrect information.
b.
Agree to ensure the Name, Email address, Photo, Address
and Mobile Number or any other personal data provided during account
registration are valid at all times and shall keep User information accurate
and up-to-date. The User can update their details anytime on the Platform by
Signing in.
c.
Agree that Users are solely responsible for
maintaining the confidentiality of their account password. User shall agree to
notify the Firm immediately of any unauthorized use of their account. The Firm
reserve the right to close Users account at any time for any or no reason.
d. Understand and
acknowledge that the data submitted is manually entered into the database of
the Platform. The User also acknowledges
the fact that data so entered into the database is for the purpose of easy and
ready reference for the User, and to streamline the Services through the Platform.
e. Authorize the Platform to use,
store or otherwise process certain personal information and/or all or any
published Content, User Purchases, Offer redemption's, User locations, User
comments, reviews and ratings for personalization of Services, marketing and
promotional purposes and for optimisation of User-related options and Services.
f.
Understand and agree that, to the
fullest extent permissible by law, the Platform/Firm and their successors and assigns, or any of their affiliates or their
respective officers, directors, employees, agents, licensors, representatives,
operational service providers, advertisers or suppliers shall not be liable for
any loss or damage, of any kind, direct or indirect, in connection with or arising
from use of the Platform or
from this terms of use, including, but not limited to, compensatory,
consequential, incidental, indirect, special or punitive damages.
g.
Are bound not to cut, copy, modify, recreate, reverse
engineer, distribute, disseminate, post, publish or create derivative works
from, transfer, or sell any information or obtained from the Platform. Any such
use/limited use of the Platform will only be allowed with the
prior express written permission of the Firm.
h.
Agree not to access (or attempt to access) the Platform and/or the Content
or Services by any means other
than through the interface provided by the Platform. The use of
deep-link, robot, spider or other automatic devices, program, algorithm or
methodology, or any similar or equivalent manual process, to access, acquire,
copy or monitor any portion of the Platform or its content, or in any way
reproduce or circumvent the navigational structure or presentation of the Platform, materials or any
content, or to obtain or attempt to obtain any materials, documents or
information through any means not specifically made available through the Platform will lead to
suspension or termination of the User’s access to the Platform. The User acknowledges and
agrees that by accessing or using the Platform or any of the Content provided therein, it
may be exposed to content that it may consider offensive, indecent or otherwise
objectionable. The Firm and the Platform disclaim any and all liabilities
arising in relation to such offensive content on the Platform.
i.
Expressly agree and acknowledge that the certain Content
displayed on the Platform may
be owned by the Firm and certain content may not be owned by the Firm and that
the Firm is in no way responsible for the content of the same. The User may, however, report
any offensive or objectionable content, which the Firm may then remove from the
Platform, at its sole
discretion.
j.
Expressly consents to follow the terms and conditions,
and policies of the Merchants affiliated with the Firm from whom the Users are
making purchases or viewing the content.
The User further undertakes
not to:
a. Engage in any
activity that interferes with or disrupts access to the Platform or the Services provided therein or
view the content available for viewing (or the servers and networks which are
connected to the Platform);
b. Impersonate any
person or entity, or falsely state or otherwise misrepresent his/her
affiliation with a person or entity;
c. Probe, scan or test
the vulnerability of the Platform or any network
connected to the Platform, nor breach the
security or authentication measures on the Platform or any network
connected to the Platform. The User may not reverse look-up, trace or seek to trace
any information relating to any other User of, or visitor to,
the Platform, or any other viewer
of the Platform, including any User account maintained on the Platform not operated/managed
by the User, or exploit the Platform or information made available or offered by or through the Platform, in any manner;
d. Disrupt or interfere
with the security of, or otherwise cause harm to, the Platform, systems resources,
accounts, passwords, servers or networks connected to or accessible through the
Platform or any affiliated or
linked Platforms;
e. Use the Platform or any material or
content therein for any purpose that is unlawful or prohibited by these Terms,
or to solicit the performance of any illegal activity or other activity which
infringes the rights of this Platform or any other third
party(ies);
f. Violate any code of
conduct or guideline which may be applicable for or to any particular service
offered or content published on the Platform;
g. Violate any
applicable laws, rules or regulations currently in force within or outside
India;
h. Violate any portion
of these Terms or the Privacy Policy, including but
not limited to any applicable additional terms of the Platform contained herein or
elsewhere, whether made by amendment, modification, or otherwise;
i.
Commit any act that causes the Firm or Platform to
lose (in whole or in part) the Services of its Internet
Establishment ("ISP") or
in any manner disrupts the Services of any other
supplier/service provider of the Firm/Platform;
Further:
j.
The User hereby expressly
authorizes the Firm/Platform to disclose any and all information relating to
the User in the possession of the Firm/Platform to law enforcement or other
government officials, as the Firm may in its sole discretion, believe necessary
or appropriate in connection with the investigation and/or resolution of
possible crimes, especially those involve personal injury and
theft/infringement of intellectual property. The User further understands that
the Firm/Platform might be directed to disclose any information (including the
identity of persons providing information or materials on the Platform) as
necessary to satisfy any judicial Order, law, regulation or valid governmental
request.
k.
The User agrees to use the
services provided or Content available for viewing by the Firm on the Platform,
its affiliates, consultants and contracted companies, for lawful purposes only.
l.
The User agrees to provide
authentic and true information. The Firm reserves the right to confirm and
validate the information and other details provided by the User at any point of
time. If upon confirmation such User details are found to be false, not to be
true (wholly or partly), the Firm shall in its sole discretion reject the registration
and debar the User from using the Services available on its Platform, and/or
other affiliated Platforms without prior intimation whatsoever.
m.
The User agrees not to post
any material on the platform that is defamatory, offensive, obscene, indecent,
abusive, or needlessly distressful or advertising any goods or services. More
specifically, the User agrees not to host, display, upload, update, publish,
modify, transmit, or in any manner share any information that:
i.
belongs to another person
and to which the User has no right to;
ii.
is grossly harmful,
harassing, blasphemous, defamatory, obscene, pornographic, paedophilic,
libellous, 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;
iii.
is in any way harmful to
minors;
iv.
infringes any patent,
trademark, copyright or other proprietary rights;
v.
violates any law for the
time being in force;
vi.
deceives or misleads the
addressee about the origin of such messages or communicates any information
which is grossly offensive or menacing in nature;
vii.
Abuse, harass, threaten,
defame, disillusion, erode, abrogate, demean or otherwise violate the legal
rights of others;
viii.
Impersonate any person or
entity, or falsely state or otherwise misrepresent Your affiliation with a
person or entity;
ix.
Publish, post, disseminate,
any information which is grossly harmful, harassing, blasphemous, defamatory,
obscene, pornographic, paedophilic, libellous, 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; or unlawfully threatening or unlawfully harassing including but not
limited to "indecent representation of women" within the meaning of
the Indecent Representation of Women (Prohibition) Act, 1986;
x.
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
cognisable offence or prevents investigation of any offence or is insulting any
other nation.
11.
SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding
other legal remedies that may be available, the Firm may in its sole
discretion, limit the User’s access and/or
activity by immediately removing the User’s access credentials
either temporarily or indefinitely, or suspend/terminate the User’s association with the Platform, and/or refuse to
usage of the Platform to the User, without being required to provide the User with notice or cause:
a.
If the User is in breach any of these Terms or the Policy;
b.
If the User has provided wrong, inaccurate, incomplete or
incorrect information;
c.
If the User’s actions may cause any harm, damage or loss to the
other Users or to the Firm, at
the sole discretion of the Firm.
12.
INDEMNITY
The User agrees to indemnify,
defend and hold harmless the Firm and the Platform, its service
providers, merchants and their respective directors, officers, employees and
agents (collectively, "Parties"), from and against any and all
losses, liabilities, claims, damages, demands, costs and expenses (including
legal fees and disbursements in connection therewith and interest chargeable
thereon) asserted against or incurred by us that arise out of, result from, or
may be payable by virtue of, any breach or non-performance of any
representation, warranty, covenant or agreement made or obligation to be
performed by the user pursuant to these terms of use. Further, User agrees to
hold the Firm or the Platform harmless against any claims made by any third
party due to, or arising out of, or in connection with:
1.
User's use of the Platform,
2.
User's violation of these Terms and Conditions;
3.
User's violation of any rights of another;
4.
User's alleged improper conduct pursuant to
these Services;
5.
User's conduct in connection with the Platform;
User agrees to fully cooperate in indemnifying the Firm
and the Platform at User's expense. The user also agrees not to reach a
settlement with any party without the Firm's consent.
In no event shall the Firm or the Platform be liable to
compensate the User or any third party
for any special, incidental, indirect, consequential or punitive damages
whatsoever, including those resulting from loss of use, data or profits,
whether or not foreseeable, and whether or not the Firm and/or Platform had been advised of
the possibility of such damages, or based on any theory of liability, including
breach of contract or warranty, negligence or other tortuous action, or any
other claim arising out of or in connection with the User’s use of or access to the Platform and/or the Services or Content contained
therein.
13.
LIMITATION OF LIABILITY
a. The Founders/ Promoters/ Associated people of
the Firm and/or Platform are not responsible for any consequences arising out
of the following events:
i.
If the Platform is
inoperative/non-responsive due to any connectivity errors associated with the
internet connection such as but not limited to slow connectivity, no
connectivity, server failure;
ii.
If the User has fed incorrect
information or data or for any deletion of data;
iii.
If there is an undue
delay or inability to communicate through email;
iv.
If there is any deficiency
or defect in the Services managed by Firm;
v.
If there is a failure
in the functioning of any other service provided by the Platform.
b. The Platform accepts no liability
for any errors or omissions, on behalf of itself, or for any damage caused to
the User, the User’s belongings, or to
any third party, resulting from the use or misuse of the Platform or any service
availed of by the User through the Platform. The service and any
Content or material displayed on the service is provided without any guarantees,
conditions or warranties as to its accuracy, suitability, completeness or
reliability. The Platform will not be liable
to User for the unavailability or failure of the Platform.
c. Users are to comply with
all laws applicable to them or to their activities, and with all Policies,
which are hereby incorporated into this Agreement by reference.
d. The Platform expressly excludes any liability for any loss
or damage that was not reasonably foreseeable by the Platform
and which is incurred by you in connection with the Platform,
including loss of profits; and any loss or damage incurred by User as a result
of User's breach of these terms.
e. To the fullest extent permitted by law, the Platform
shall not be liable to User or any other party for any loss or damage, regardless
of the form of action or basis of any claim. User acknowledges and agrees that
sole and exclusive remedy for any dispute with Firm and/or Platform is to
terminate Users use of the Platform.
14.
INTELLECTUAL PROPERTY
RIGHTS
Unless expressly agreed to in writing, nothing contained
herein shall give the User a right to use any of the Platform’s trade names,
trademarks, service marks, logos, domain names, information, questions,
answers, solutions, reports and other distinctive brand features, save
according to the provisions of these Terms. All logos, trademarks, brand names,
service marks, domain names, including material, designs, and graphics created
by and developed by the Platform and other distinctive brand features of the
Platform are the property of the Firm or the respective copyright or trademark
owner. Furthermore, with respect to the Platform created by the Firm, the Firm
shall be the exclusive owner of all the designs, graphics and the like, related
to the Platform.
The User may not use any of the intellectual property
displayed on the Platform in any manner that is likely to cause confusion among
existing or prospective Users of the Platform, or that in any manner disparages
or discredits the Firm/Platform, to be determined in the sole discretion of the
Firm.
The User is aware all intellectual property, including
but not limited to copyrights, relating to said Content resides with the Owner,
and that at no point does any such intellectual property stand transferred from
the aforementioned creators to the Firm, or to any other User. The User is
aware that the Firm merely provides a Platform through which the Users can view
content related to parental support on the nutritional and developmental needs
of children of certain age groups. The Platform shall also empower parents to
play a key role in their children's’ growth and also incentivizes their
learning by bringing them products and services related to child health at
cheaper cost and the Firm/the Platform may own any of the intellectual property
relating to the independent content displayed on the Platform, apart from
originally created graphics and specified content
The User is further aware that any reproduction or
infringement of the intellectual property of the aforementioned owners by the
User will result in legal action being initiated against the User by the
respective owners of the intellectual property so reproduced/infringed upon. It
is agreed to by the Parties that the contents of this Section shall survive
even after the termination or expiry of the Terms and/or Policy.
15.
DISCLAIMER OF
WARRANTIES AND LIABILITIES
a.
The User agrees and undertakes that they are accessing the Platform at their sole risk and are
that they are using their best and prudent judgment before availing any service
listed on the Platform or
accessing/using any information displayed thereon.
b.
The User agrees that any kind of information,
resources, activities, recommendations obtained/availed from Platform, written or oral, will not create any
warranty and the Platform disclaims all liabilities resulting from
these.
c.
The Firm/Platform does not guarantee that the Services contained and the content viewed on the Platform will be uninterrupted or error-free, or that
the Platform or its server will be free of viruses or
other harmful components, and the User
hereby expressly accepts any and all associated risks involved with the User’s use of the Platform.
d.
It is
further agreed to by the Parties that the contents of this Section shall
survive even after the termination or expiry of the Terms and/or Policy.
16.
FORCE MAJEURE
Neither the Firm nor the
Platform shall be liable for damages for any delay or failure to perform its
obligations hereunder if such delay or failure is due to cause beyond its
control or without its fault or negligence, due to Force Majeure events
including but not limited to acts of war, acts of God, earthquake, riot, fire,
festive activities sabotage, labor shortage or dispute, internet interruption,
technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or
unauthorized.
17.
DISPUTE RESOLUTION
AND JURISDICTION
It is
expressly agreed to by the Parties hereto that the formation, interpretation
and performance of these Terms and any disputes arising therefrom will be
resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the
contents of this Section shall survive even after the termination or expiry of
the Terms and/or Policy.
a. Mediation: In case of any dispute
between the parties, the Parties will attempt to resolve the same amicably
amongst themselves, to the mutual satisfaction of all Parties. In the event
that the Parties are unable to reach such an amicable solution within thirty
(30) days of one Party communicating the existence of a dispute to any other
Party, the dispute will be resolved by arbitration, as detailed hereinbelow;
b. Arbitration: In the event that the
Parties are unable to amicably resolve a dispute by mediation, said dispute
will be referred to arbitration by a sole arbitrator to be appointed by the Firm,
and the award passed by such sole arbitrator will be valid and binding on all
Parties. The Parties shall bear their own costs for the proceedings, although
the sole arbitrator may, in his/her sole discretion, direct either Party to
bear the entire cost of the proceedings. The arbitration shall be conducted in
English, and the seat of Arbitration shall be the city of Hyderabad, Telangana,
India.
The
Parties expressly agree that the Terms, Policy and any other agreements entered
into between the Parties are governed by the laws, rules and regulations of
India.
18.
NOTICES
Any and all communication
relating to any dispute or grievance experienced by the User may be
communicated to the Firm by the User by emailing to info@buyooz.com.
19.
MISCELLANEOUS
PROVISIONS
a.
Entire Agreement: These Terms, read with the Policy, form the
complete and final contract between the User and
the Firm with respect to the subject matter hereof and supersedes all other
communications, representations and agreements (whether oral, written or
otherwise) relating thereto.
b.
Waiver: The failure of either Party at any time to
require performance of any provision of these Terms shall in no manner affect
such Party's right at a later time to enforce the same. No waiver by either party
of any breach of these Terms, whether by conduct or otherwise, in any one or
more instances, shall be deemed to be or construed as a further or contining
waiver of any such breach, or a waiver of any other breach of these Terms.
c.
Severability: If any provision/clause of these Terms is
held to be invalid, illegal or unenforceable by any court or authority of
competent jurisdiction, the validity, legality and enforceability of the
remaining provisions/clauses of these Terms shall in no way be affected or
impaired thereby, and each such provision/clause of these Terms shall be valid
and enforceable to the fullest extent permitted by law. In such case, these
Terms shall be reformed to the minimum extent necessary to correct any
invalidity, illegality or unenforceability, while preserving to the maximum
extent the original rights, intentions and commercial expectations of the
Parties hereto, as expressed herein.
d.
Contact Us: If
you have any questions about this Agreement, the practices of the Platform, or your experience with the Service, you can
contact us at info@buyooz.com.
PRIVACY POLICY
We, M/s.
BuyOoz Online Retail, a sole
proprietorship operating under the brand name "BuyOoz" and having
its registered office at “Door
no : 13-6-825,2nd floor Sadar
apartments, moghal nagar, ring road Hyderabad 500006”,
represented by its members, hereinafter referred to as the “Firm” (where such expression shall,
unless repugnant to the context thereof, be deemed to include its respective
legal heirs, representatives, administrators, permitted successors and
assigns). The creator of this Privacy Policy ensures a steady commitment to Your
privacy with regard to the protection of your invaluable information.
This privacy policy contains information about the Website “https://www.buyooz.com”
and the Application "BuyOoz"
(hereinafter
referred to as the “Platform”).
In order to provide You with Our
uninterrupted use of services, We may collect and, in some circumstances,
disclose information about you with your permission. To ensure better
protection of Your privacy, We provide this notice explaining Our information collection
and disclosure policies, and the choices You make about the way Your
information is collected and used.
This Privacy Policy shall be in compliance with the General Data
Protection Regulation (GDPR) in effect from May 25, 2018, and any and all
provisions that may read to the contrary shall be deemed to be void and
unenforceable as of that date. If you do not agree with the terms and
conditions of our Privacy Policy, including in relation to the manner of
collection or use of your information, please do not use or access the Site. If
you have any questions or concerns regarding this Privacy Policy, you should
contact our Customer Support Desk at info@buyooz.com.
ANY CAPITALIZED WORDS USED HENCEFORTH SHALL HAVE THE MEANING ACCORDED TO
THEM UNDER THIS AGREEMENT. FURTHER, ALL HEADING USED HEREIN ARE ONLY FOR THE
PURPOSE OF ARRANGING THE VARIOUS PROVISIONS OF THE AGREEMENT IN ANY MANNER.
NEITHER THE USER NOR THE CREATORS OF THIS PRIVACY POLICY MAY USE THE HEADING TO
INTERPRET THE PROVISIONS CONTAINED WITHIN IT IN ANY MANNER.
1.
DEFINITIONS:
a.
“We”, “Our”, and “Us” shall mean and refer to the Platform and/or the Firm, as the context so
requires.
b.
“You”, “Your”, “Yourself”, “User” and “Customer” shall mean and refer to natural and legal individuals who use the Platform and who is competent to enter into binding contracts, as per
Indian laws.
c.
‘Users’
shall refer to the individuals using either or both of the platform
d.
"Services” shall refer to the only E-Commerce platform provided by the Firm
displaying various products across multiple categories like Home Furnishing, Electronics,
Fashion and Lifestyle, product deals in Laptop Backpacks, Casual Bags, Wallets,
Belts, Luggage, Watches, Headphones, and Mobile Accessories and many more.
e.
“Third Parties” refer to any Application, Firm or individual apart from the User and the creator of
this Platform.
f.
The term “Platform” refers to the Website owned and controlled by the Firm.
g. The term “Website” refers to the domain name "https://www.buyooz.com"
which provides the User with the platform to make
purchases.
h. The term "Application" refers to the application owned and
operated by the Firm in the name of "BuyOoz"
available on the iOS and Android on their respective App Store and Play
Store for the purpose of the User's to make payments and purchases.
i.
“Personal
Information” shall mean and refer to any personally identifiable information that We may collect
from You such as Name, Email Id, Mobile number, Password, Photo etc. For removal of any doubts, please refer to
Clause 2.
2.
INFORMATION
WE COLLECT
We are committed to respecting Your online privacy. We further recognize
Your need for appropriate protection and management of any Personal Information
You share with us. We may collect the following information:
a.
Personal data such as, but not limited to, Name, Email Id, Mobile
number, Password, Age, Address, etc;
b. Tracking Information such as, but not limited to the IP address of your
device and Device ID when connected to the Internet. This information may
include the URL that you just came from (whether this URL is on the Platform or
not), which URL you next go to (whether this URL is on the Platform or not),
your computer or device browser information, and other information associated
with your interaction with the Platform;
c.
Details of Platform
usage for analytics.
This privacy policy also applies to data we collect from users who are
not registered as members of this Platform, including, but not limited to,
browsing behaviour, pages viewed etc. We also collect and store personal
information provided by You from time to time on the Platform. We only collect
and use such information from you that we consider necessary for achieving a
seamless, efficient and safe experience, customized to your needs including:
a.
To enable the provision of services opted for by you;
b.
To enable the viewing of content in your interest;
c.
To communicate the necessary account and service related information
from time
to time;
d.
To allow you to receive quality customer care services and data
Collection;
e.
To comply with applicable laws, rules and regulations;
Where any service requested by You involves a third party, such
information as is reasonably necessary by the Firm to carry out Your service request may be shared with such third party.
We also do use your contact information to send you offers based on your
interests and prior activity and also to view the content preferred by you. The
Firm may also use contact information internally to direct its efforts for
service improvement but shall immediately delete all such information upon
withdrawal of your consent for the same through the ‘unsubscribe’ button
or through an email to be sent info@buyooz.com.
To the extent possible, we provide You with the option of not divulging
any specific information that you wish for us not to collect, store or use. You
may also choose not to use a particular service or feature on the Platform and
opt-out of any non-essential communications from the platform.
Further, transacting over the internet has inherent risks which can only
be avoided by you following security practices yourself, such as not revealing
account/login related information to any other person and informing our
customer care team about any suspicious activity or where your account has/may
have been compromised.
3.
OUR USE OF YOUR
INFORMATION
The information provided by you shall be used to provide and improve the
service for you and all users.
a.
For maintaining an internal record.
b.
For enhancing the Services provided.
For more details about the nature of such communications, please refer
to our Terms of Service. Further, your personal data and Sensitive Personal
data may be collected and stored by Us for internal record.
We use Your tracking information such as IP addresses, and or Device ID
to help identify you and to gather broad demographic information and make
further services available to you.
We will not sell, license or trade Your personal information. We will
not share your personal information with others unless they are acting under
our instructions or we are required to do so by law.
Information collected via Our server logs includes users' IP addresses
and the pages visited; this will be used to manage the web system and
troubleshoot problems. We also use third-party analytics, tracking,
optimization and targeting tools to understand how users engage with our
Platform so that we can improve it and cater personalized content/ads according
to their preferences.
4.
HOW INFORMATION IS
COLLECTED
Before or at the time of collecting personal information, we will
identify the purposes for which information is being collected. If the same is
not identified to you, you have the right to request the Firm to elucidate the purpose of collection of said personal information,
pending the fulfilment of which you shall not be mandated to disclose any information
whatsoever.
We will collect and use your personal information solely with the
objective of fulfilling those purposes specified by us, within the scope of the
consent of the individual concerned or as required by law. We will only retain
personal information as long as necessary for the fulfilment of those purposes. We will collect personal information by lawful and
fair means and with the knowledge and consent of the individual concerned.
Personal data should be relevant to the purposes for which it is to be
used, and, to the extent necessary for those purposes, should be accurate,
complete, and up-to-date.
5.
GOOGLE ANALYTICS
We may use Google Analytics to help us to understand how you make use of
our content and work out how we can make things better. These analytics follow
your progress through us, collecting anonymous data on where you have come
from, which pages you visit, and how long you spend on the site. This data is
then stored by Google in order to create reports. These analytics do not store
your personal data.
The information generated by the analytics about your use of the Platform,
including your IP address, may be transmitted to and stored by Google on
servers in the United States. Google may use this information for the purpose
of evaluating your use of the Platform, compiling reports on Platform activity
for us and providing other services relating to Platform activity and internet
usage. Google may also transfer this information to third parties where
required to do so by law, or where such third parties process the information
on Google's behalf. Google will not associate your IP address with any other
data held by Google. By using this Platform, you consent to the processing of
data about you by Google in the manner and for the purposes set out above.
The Google website contains further information about Analytics and a
copy of Google's privacy policy pages.
6.
EXTERNAL LINKS ON THE
PLATFORM
The Platform may include advertisements, hyperlinks to other websites,
applications, content or resources. We have no control over any websites or
resources, which are provided by companies or persons other than Us. You
acknowledge and agree that we are not responsible for the availability of any
such external sites or resources, and do not endorse any advertising,
services/products or other materials on or available from such platform or
resources. You acknowledge and agree that We are not liable for any loss or
damage which may be incurred by you as a result of the availability of those
external sites or resources, or as a result of any reliance placed by you on
the completeness, accuracy or existence of any advertising, products or other
materials on, or available from, such websites or resources. These external
websites and resource providers may have their own privacy policies governing
the collection, storage, retention and disclosure of Your Personal Information
that You may be subject to. We recommend that you enter the external Website
and review their privacy policy.
7.
YOUR RIGHTS
Unless subject to an exemption, you have the following rights with
respect to your personal data:
a.
The right to request a copy of your personal data which we hold about
you;
b.
The right to request for any correction to any personal data if it is
found to be inaccurate or out of date;
c.
The right to withdraw Your consent to the processing at any time;
d.
The right to object to the processing of personal data;
e.
The right to lodge a complaint with a supervisory authority.
f.
The right to obtain information as to whether personal data are
transferred to a third country or to an international organization.
Where you hold an account with any of our services, you are entitled to
a copy of all personal data which we hold in relation to you. You are also
entitled to request that we restrict how we use your data in your account when
you log in.
8.
CONFIDENTIALITY
You further acknowledge that the Platform may contain information which
is designated confidential by us and that you shall not disclose such
information without our prior written consent. Your information is regarded as
confidential and therefore will not be divulged to any third party, unless if
legally required to do so to the appropriate authorities. We will not sell,
share, or rent your personal information to any third party or use your e-mail
address for unsolicited mail. Any emails sent by us will only be in connection
with the provision of agreed services, and you retain sole discretion to seek
for discontinuation of such communications at any point of time.
9.
OTHER INFORMATION
COLLECTORS
Except as otherwise expressly included in this Privacy Policy, this
document only addresses the use and disclosure of information we collect from
you. To the extent that you disclose your information to other parties, whether
they are on our Platform or on other sites throughout the Internet, different
rules may apply to their use or disclosure of the information you disclose to
them. To the extent that we use third party advertisers, they adhere to their
own privacy policies. Since we do not control the privacy policies of the third
parties, you are subject to ask questions before you disclose your personal
information to others.
10.
OUR DISCLOSURE OF
YOUR INFORMATION
We may host surveys for survey creators for our platform who are the
owners and users of your survey responses. We do not own or sell your
responses. Anything you expressly disclose in your responses will be disclosed
to survey creators. Please contact the survey creator directly to better
understand how they might share your survey responses.
Information collected will not be
considered as sensitive if it is freely available and accessible in the public
domain or is furnished under the Right to Information Act, 2005, any rules made
thereunder or any other law for the time being in force.
Due to the existing regulatory environment, we cannot ensure that all of
your private communications and other personally identifiable information will
never be disclosed in ways not otherwise described in this Privacy Policy. By
way of example (without limiting and foregoing), we may be forced to disclose
information to the government, law enforcement agencies or third parties.
Therefore, although we use industry-standard practices to protect your privacy,
we do not promise, and you should not expect, that your personally identifiable
information or private communications would always remain private. We do
however assure you that any and all disclosure of your personally identifiable
information shall be personally intimated to you through an email sent to your
provided email address.
As a matter of policy, we do not sell or rent any personally
identifiable information about you to any third party. However, the following
describes some of the ways that your personally identifiable information may be
disclosed:
a.
External Service Providers: There may be a number of services offered by
external service providers that help you use our Platform. If you choose to use
these optional services, and in the course of doing so, disclose information to
the external service providers, and/or grant them permission to collect
information about you, then their use of your information is governed by their
privacy policy.
b.
Law and Order: We cooperate with law enforcement inquiries, as well as
other third parties to enforce laws, such as intellectual property rights,
fraud and other rights. We can (and you authorize us to) disclose any
information about you to law enforcement and other government officials as we,
in our sole discretion, believe necessary or appropriate, in connection with an
investigation of fraud, intellectual property infringements, or other activity
that is illegal or may expose us or you to legal liability.
11.
ACCESSING, REVIEWING AND CHANGING YOUR PROFILE
Following registration, you can review and change the information you
submitted at the stage of registration, except Email ID and mobile number. An
option for facilitating such change shall be present on the Platform and such
change shall be facilitated by the User. If you change any information, we may
or may not keep track of your old information. We will not retain in our files
information you have requested to remove for certain circumstances, such as to
resolve disputes, troubleshoot problems and enforce our terms and conditions.
Such prior information shall be completely removed from our databases,
including stored ‘back up’ systems. If you believe that any information, we are holding on you is incorrect
or incomplete, or to remove your profile so that others cannot view it, the
User needs to remediate, and promptly correct any such incorrect information.
12.
CONTROL OF YOUR PASSWORD
You are entirely responsible for maintaining the confidentiality of your
password. It is important that you protect it against unauthorized access of
your account and information by choosing your password carefully and keeping
your password and computer secure by signing out after using our services.
You agree not to use the account, username, email address or password of
another Member at any time or to disclose your password to any third party. You
are responsible for all actions taken with your login information and password,
including fees. If you lose control of your password, you may lose substantial
control over your personally identifiable information and may be subject to
legally binding actions taken on your behalf. Therefore, if your password has
been compromised for any reason, you should immediately change your password.
You agree to notify us immediately if you suspect any consistent unauthorized
use of your account or access to your password even after changing it.
13.
SECURITY
We treat data as an asset that must be protected against loss and
unauthorized access. We employ many different security techniques to protect
such data from unauthorized access by members inside and outside the Firm. We follow generally accepted industry standards to protect the
Personal Information submitted to us and information that we have accessed.
However, as effective as encryption technology is, no security system is
impenetrable. Our Firm cannot guarantee the
security of our database, nor can we guarantee that information you provide
won’t be intercepted while being transmitted to the Firm over the Internet.
14.
SEVERABILITY
Each paragraph of this Privacy Policy shall be and remain separate from
and independent of and severable from all and any other paragraphs herein except
where otherwise expressly indicated or indicated by the context of the
agreement. The decision or declaration that one or more of the paragraphs are
null and void shall have no effect on the remaining paragraphs of this privacy
policy.
15.
AMENDMENT
Our Privacy Policy may change from time to time. The most current
version of the policy will govern our use of your information and will always
be at the Platform. Any amendments to this Policy shall be deemed as accepted
by the User on their continued use of the Platform.
16.
AUTOMATED DECISION
MAKING
As a responsible firm, we do not use
automatic decision-making or profiling.
17.
CONSENT WITHDRAWAL,
DATA DOWNLOAD & DATA REMOVAL REQUESTS
To withdraw your consent, or to request the download or delete your data
with us for any or all our products & services at any time, please email to
info@buyooz.com.
18.
CONTACT US
If you have any questions or concerns regarding this privacy policy, you
should contact us by sending an e-mail to please email to info@buyooz.com.
Information provided on
the website may not be 100% accurate and may be provided for promotional
purposes of the business
REFUNDS AND CANCELLATION POLICY
We thank You and appreciate Your interest in our
platform and the products you have purchased on our Platform and upon your
interest in availing services through our platform "BuyOoz". Please read the Terms and Conditions, Privacy Policy,
Disclaimer and other Policies carefully as they will give You important
information and guidelines about Your rights and obligations as our Customer,
concerning any purchase or availing of service You make through us unless
specifically stated otherwise on our product pages or readers offer
advertisements.
1.
GENERAL
TERMS
a.
All refunds shall be credited
within 12-15 working days.
b.
All NEFT Refund shall take at
least 72 hours to be reflected on your Bank Account. All payments through
Payment gateway refund shall take 7-9 working days excluding Saturdays/Sundays
and Bank Holidays.
c.
The same shall be communicated
to You through SMS and E-mail Id You have provided us.
d.
The
Company or the Platform shall not entertain any request for exchange of
services after the payment has been processed and the invoice has been
generated by the Company through the Platform.
e.
We
are not liable for any exchanges/cancellations/refunds/payments for orders
placed through third-party service providers if our Vendors products are listed
on such platforms.
f.
We
reserve the right to serve you and provide you services through the platform to
You. We can refuse an order or request if We do not want to serve You, without
any legal repercussions.
2.
REFUND
POLICY
a.
In case a Customer is not
satisfied with the quality of the products or has received a "Defective" or "Damaged Product" or an "Incorrect Product", we shall
initiate an investigation into the same and shall provide a full refund or the
quality of services is beyond reasonable doubt unsatisfactory a complete refund
shall be initiated.
b.
The User is liable to inform
the same within 3 days for any purchase of Electrical Item or Electronics and
within 7 days for any purchase of other products through the Platform of receipt
of the products.
c.
The User can send an E-mail to
INFO@BUYOOZ.COM with the following on the body of the email:
·
Your Reference number
·
A brief description of the
reason for the return
·
And tell us whether You are
seeking a replacement or a refund.
d.
Your request will be processed
within 7 working days, and You will receive an email letting You know Your replacement
is under production.
e.
All refunds shall proceed only
after the Customer has uploaded an image in the email communication with the
defective part or damaged part.
f.
On receipt of the return
request, Company may arrange the Pickup for most of the locations in India. If
your Pin code doesn't fall in purview or we are unable to arrange a reverse
pickup for you, we'll inform you and request you arrange the shipping from your
end. We will refund the courier amount up to Rs. 120.
g.
All purchases should be
returned well packed and with all the tags and purchase receipt. The Firm may
choose to reject a return or Refund if the tags and purchase receipt are not
there.
h.
We will process 100% refunds
once we receive the product at our end.
i.
The refunds are subject to the
product condition and other parameters meeting our return policy.
NOTE: THE FIRM OR THE PLATFORM
WILL NOT PROCESS REFUND OR CANCELLATION FOR PRODUCTS AVAILABLE ON THE PLATFORM
BELOW RS. 299/-.
3.
CANCELLATION
a.
As a User, You may not request
for cancellation of Your order after placing the order and request on the
platform. In any such case, we will not refund payments, if any, already made
by You under the relevant order and request.
b.
The Company at its sole
discretion may cancel any order(s):
·
if it suspects a client has
undertaken a fraudulent transaction, or
·
if it suspects a client has
undertaken a transaction which is not in accordance with the Terms of Use, or
·
in case of unavailability of a service
listed, or
·
For any reason outside the
control of the Company including causes for delivery related logistical
difficulties.
·
if the Company does not want to
do business with the Client
c.
In such a case as mentioned in
Clause b, it is at the discretion of the Company and Platform to initiate any
refund if it deems fit.
d.
Further, while all measures are
taken to ensure accuracy of pricing and services specifications, the details of
a service as reflected on the Website may be inaccurate due to geographical
locations, typographical errors or incorrect service information provided to
the Company and in such an event You shall be notified as soon as such error
comes to the notice of the Company. In such event, the Company reserves the
right to cancel Your order and request and may refund any payment that may have
been generated by You towards the services availed by you.
e.
We maintain a negative list of
all fraudulent transactions and non-complying users and reserve the right to
deny access to such users at any time or cancel any orders and request placed
by them in future.
NOTE:
ALL OR SOME OF THE SERVICES MAY OR MAY NOT BE UNDERTAKEN BY THE COMPANY OR THE
PLATFORM DIRECTLY. THE COMPANY MAY HAVE OR MAY ASSIGN AFFILIATES IN ORDER TO
PERFORM OR COMPLETION OF SERVICES FOR WHICH THE COMPANY MAY ADDITIONALLY
CHARGE. PLEASE NOTE THAT THE COMPANY WILL TAKE LIABILITY ON THE PERFORMANCE OF
SUCH AFFILIATES ONLY TO THE EXTENT OF THE REQUEST RAISED BY YOU. ALL
LIABILITIES BEYOND THE SCOPE OF THE REQUEST WILL NOT BE ENTERTAINED BY THE
COMPANY OR THE PLATFORM.
Last Updated: Oct 29, 2023