Terms & Conditions

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

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

 

 

Returns, Refunds, Replacement and Cancellation Policies

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