PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1.1. This document is an electronic record in terms of (i) the Information Technology Act, 2000; (ii) the rules framed there under, as applicable; and (iii) the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.3. This Website is owned and operated by Om Creations Trust, (“Trust”), a non- governmental organisation registered as a public charitable trust under the provisions of the Maharashtra Public Trusts Act, 1950 and having its registered office at Anand Niketan, King George V Memorial, Dr. E Moses Road, Parel, Mumbai – 400012.
2.1. The Website is an e-commerce portal which allows Users to browse, select and purchase food products / Bags / Decoration products / Home decor items / Fashion Accessories / ceramic products. This is the shopping section of Omcretionstrust.org website where they display the various products made by intellectually disabled beneficiaries getting trained in various skills under the Trust.
2.4. All the information and products listed on the Website have been manufactured or designed or created by suppliers and are provided or displayed on an as is where is basis. As a result, the Website has no control over the quality, safety, morality or legality of any aspect of the items listed the truth or accuracy of the listings, the ability of the Trust to sell items or the ability of Customers to pay for items.
2.5. The Website does not pre-screen Users or the content or information provided by Users. The Website is not responsible for delayed or failed delivery of products, which are out of stock, back ordered or otherwise unavailable, as specified on its corresponding listing on the Website. All products are only available for sale for a restricted period of time and as per their available inventory.
2.6. The provision of third party content is for general information purposes and in no way should be construed as a recommendation to purchase or sell.
2.7. The pictures displayed corresponding to the products may not be an accurate representation of the relevant product or its packaging, and as such the Website disclaims any guarantees of exactness as to the finish and appearance of the final product as ordered by the User. The quality of any products, Services, information, or other material obtained by You through the Website will be as per the sole discretion of the Trust.
3. REPRESENTATIONS AND WARRANTIES
3.1. The Trust here by represents and warrants that –
3.1.1. We are a duly registered public charitable trust as under the relevant provisions of the Maharashtra Public Trusts Act, 1950;
3.2. The Customer hereby represents and warrants that –
3.2.2. You shall provide accurate information and details at the time of registration on the Website or while making payment for the purchase of products;
3.2.3. You shall not default in making payments for products bought on the Website;
3.2.4. You agree and acknowledge the fact that there may be minor differences between the product image on the Website and the product in physical form and pursuant to that, You shall not demand for refund/replacement of the product for such negligible variations;
3.2.6. You are competent to contract i.e. You can enter into a legally binding contract under the Indian Contract Act, 1872. Any transactions conducted on the Website in contravention of the Indian Contract Act, 1872 shall be voidable at the instance of the Trust or the Customer as the case may be.
4. INTELLECTUAL PROPERTY RIGHTS
4.1.1. All content included on the Website and made available to the Users as part of the Services, including but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations, is the property of the Trust. The compilation of all content on this Website is the exclusive property of the Trust, and shall not be reproduced or used without express written permission from the Trust. You agree not to decompile, reverse engineer or disassemble any content accessible through the Website, not to insert any code or product or manipulate the content of the Website in any way that affects the User's experience, and not to use any data mining, data gathering or extraction methods. We reserve the right to terminate our engagement if we, in our sole and absolute discretion, believe that You are in violation of this clause.
4.1.2. The Trust’s content available on or via the Website, are provided to You on an as is where is basis for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Trust. The Trust reserves all rights, not expressly granted in and to the Website.
The Website is the domain of the Trust. The Website, including, but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of the Trust. The trademarks, domain names and trade dress of the Trust shall not be used or reproduced without prior written approval from the Trust, and may not be used in connection with any product or service that is not affiliated with the Trust, in any manner that is likely to (a) cause confusion among Users or potential users; or (b) dilute the rights of the Trust, or (c) to disparage or discredit the Trust in any manner.
4.3 License and Warranty for Your submissions to the
4.3.1 If You use the Website as a registered User of the Website, then You are responsible for maintaining the confidentiality of Your User identification details such as ID and password. You are responsible for all activities that occur under Your User ID. You agreeinter alia, to provide true, accurate, current and complete information about Yourself as prompted by the Website registration form. If You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the right to indefinitely suspend, terminate or block access of Your membership with the Website and refuse to provide You with access to the Website.
4.3.2 The Trust hereby agrees and acknowledges that You are in ownership of the content and information provided by You to the Trust, and You may request deletion of such content at any time. Additionally, You grant the Trust a non- exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub- licensable, fully paid up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyse, use and commercialize, in any way, now known or in the future discovered, any information You provide, directly or indirectly to the Trust, including, but not limited to, any user generated content, ideas, concepts, techniques and/or data, without any further consent, notice and/or compensation to You or to any third parties.
4.3.3 Any content or information you submit to us is at your own risk. By providing content or information to Us, You represent and warrant that You are entitled to submit such content and it is not confidential or not in violation of any law, contractual restriction or third party rights (including any intellectual property rights).
4.3.4 We reserve the right but are not under any obligation to monitor the material posted on the Website by You or any User and remove from the Website any material that does not comply with the terms as provided herein.
5 FRAUD AND IMPROPER CONDUCT
5.3 You may only access the Website and use the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to Your use of the Services. You agree that You will not in any way:
5.3.2 Interfere with the ability of others to use the Services;
5.3.3 Disrupt the normal flow of communication or otherwise act in a manner that adversely affects the other Users’ ability to use the Website or the Services;
5.3.4 Claim a relationship with or to speak for any individuals, business, association, institution, or other organization for which You are not authorized to claim such a relationship;
5.3.5 Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
5.3.6 Upload or post or use the Service to transfer, any content or other material that contains or constitutes viruses or other such code with malicious, disruptive and/or destructive features;
5.3.7 Attempt to gain unauthorized access to any hardware or software systems or networks associated with the Website, or obtain any services or information not intentionally made available to You by the Website on or through the Service;
5.3.8 Attempt to gain unauthorized access to the account of any other User or entity, or otherwise interfere with any other User’s or entity’s use of the Service; and
5.3.9 Submit any false or misleading information (e.g., false or misleading names, email addresses or URLs) when using the Service, including, without limitation, with respect to any identifying information for Your account. All information that You provide to the Website must be accurate and correct, as of date of submission of such information.
6.1 The Customer on placing an order on the Website, shall be directed to a third party payment gateway operated by Kotak Bank ( Kotak All Pay ). The Customer can make payments through net-banking/debit cards/credit cards or any other payment method as provided by the PG.
6.2 The Customer agrees and accepts that all nuances and modalities relating to making payment using any of the above mentioned payment methods shall be separately governed by arrangement(s) / terms and conditions between the Customer and their relevant banks, and the terms and conditions of the PG. We shall not be responsible, in any manner whatsoever, for any liability that may arise in relation to the aforementioned payment modes including any fraudulent transactions.
6.3 While availing any of the payment method(s) available on the Website, We will not be responsible or assume any liability whatsoever, in respect of any loss or damage arising directly or indirectly to You due to (a) lack of authorization for any transactions; (b) any payment issues arising out of the transaction; or (c) decline of such transaction for any reason.
6.4 You understand, accept and agree that the PG is neither a banking nor financial service provided by the Website but is an independent service run by a third party. The PG is merely a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for the transactions on the Website using the authorized banking infrastructure of the PG. Further, by providing a payment facility on the Website, the Trust is neither acting as a trustee nor acting in a fiduciary capacity with respect to the payments made by the Customer against the purchase of products on the Website.
6.5 The Website reserves the right to refuse to process any request for payment by a User with a prior history of questionable charges including without limitation, breach of any agreements by such User with Us, or breach/violation of any Applicable Law.
6.6 It is agreed and understood that the Users shall bear their own personal tax liabilities arising from payments made or any other engagement on the Website.
7 CANCELLATION, DELIVERY, RETURN & REFUND
7.1 All payments made against purchase of products on the Website are unilateral payments and the products ordered are non-cancellable and non-exchangeable once the order has been placed and the payment has been processed.
7.2 Products shall be delivered within 10-15 days of purchase. However, certain products can be delayed due to the customized nature of the product.
7.3 In the event that the product, once delivered, does not meet the expectations of the Customer for the following reasons (and only these reasons):
(a) Incorrect / incomplete delivery of product(s);
(b) Wrong size / colour as ordered; and/or
(c) Product damaged pre-receipt of delivery
then, the Customer should intimate Us at email@example.com, within 1 (one) day of receipt of delivery. The Trust will facilitate the delivery of a suitable replacement of the product. In the event that the product goes out of stock after placing the order on the Website, then the amount paid by You through the PG shall be credited back to You within 7 (seven) days of receipt of such intimation from
7.4 In the event the Customer communicates his/her/its request for replacement beyond the time limit specified in the above Clause 7.2, the Customer shall not be entitled to receive such replacement.
7.5 In the event of a replacement, the Customer is obliged to return the product in its original condition as received. Furthermore, the Customer is obliged to return all packaging materials attached to the product during delivery.
8 LINKS TO THIRD PARTY WEBSITES
8.1 The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of the Website. We are not responsible for the content of any Linked Site, including, without limitation to, any link contained in a Linked Site, or any changes or updates to a Linked Site.
8.2 We are not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. We are providing these links only for convenience, and the inclusion of any such link does not imply endorsement by the Website, of the Linked Sites or any association with its operators or owners thereof.
9 LIMITATION AND DISCLAIMER OF WARRANTY
9.1 The Website, the Services and each portion thereof are provided as is without warranties of any kind, either express or implied. To the fullest extent permissible under Applicable Laws, We disclaim all warranties, express or implied, with respect to the Website, the Services and each portion thereof, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights of Users.
9.2 The Trust does not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise with respect to, the Website or its Services. The content made available on the Website is for Your general information and use only. We reserve the right to change the information/content made available on the Website without issuing any prior notice to You.
9.3 Under no circumstances, including, but not limited to, negligence, shall the Trust be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the Website, the Services or any portion thereof, by any person, including employees and contracted personnel of the Trust.
9.5 The Trust does not guarantee that the Services it provides will function without interruption or errors in functioning. In particular, the operation of the Website may be interrupted due to maintenance updates, or system or network failures. In the event of interruption in provision of the Services due to the above mentioned reasons, the Trust shall inform the User of the same, and as such it disclaims all liability with respect to delay in provision of Services due to the same.
9.6 We shall be entitled to add, to vary or amend any or all these terms and conditions at any time and the User shall be bound by such addition, variation or amendment once such addition, variation or amendment is incorporated into these terms and conditions, and such amended terms and conditions are on the Website.
9.7 Under no circumstances, shall the Trust be liable for any direct, indirect, special, incidental or consequential loss or damages arising due to gross negligence or wilful misconduct of any third party service providers (payment gateway service providers and logistics service providers) engaged by the Trust in processing and delivering the orders placed by the Customers on the Website.
14 GOVERNING LAW AND DISPUTE RESOLUTION
15 GRIEVANCE OFFICER
In accordance with the Information Technology Act, 2000 and rules made there under, the Trust has appointed an individual who shall address all queries of Users of the Website (“Grievance Officer”). The name and contact details of the Grievance Officer are as provided below:
Name: Tharun Thomas
Phone No: 9892421045
E-mail Address : firstname.lastname@example.org
Om Creations Trust
King George V Memorial Project
Dr.E Moses Road
Mumbai – 400 011