In terms of Information Technology statutes, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
- You must read, agree with and accept all of the terms and conditions contained in this Agreement in order to use our website omaana.com(the “Website”) and related software and services (collectively with the Site, the “Omaana Platform”)
- The website www.omaana.com(hereinafter referred to as “Omaana Platform”), owned by Omaana, a proprietor firm, having it’s office at 17-Mahaver Nagar, Tonk Road, Jaipur – 302018, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns;
- We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Website or avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Website is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
- “We”,“Us”, “Our”, “Omaana Platform” shall mean Omaana the Website/the portal or the Firm.
- “Agreement” shall mean and refer to this Terms of Service, including any amendments that may be incorporated into it.
“You” or “User” shall mean any natural or legal person who has agreed to become a user of the Omaana Platform by signing up to the Website. The Omaana Platform also provides certain services without registration/acceptance, and such provision of services does not absolve You of this contractual relationship.
“Customer” shall mean any User who shall utilize the Omaana Platform to request for products to be delivered with or without registration. From time to time, Omaana may act as a Customer, and the terms and conditions of this Agreement applicable to Customers will apply to Omaana when acting in this way.
“Third Party” shall mean and refer to any individual(s), enterprise or entity apart from the Users and Omaana.
“Services” shall mean and refer to the services offered on the site including but not limited to providing the Users a variety of handmade clothes to choose from.
The terms “Party’ & ‘Parties” shall respectively be used to refer to the User and the Firm individually and collectively, as the context so requires.
The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
3. WEBSITE PLATFORM
Omaana is an online platform where Users can choose from a variety of hand-made apparel form Jaipur, ranging from formal, semi-formal, office and casual wear. These apparel are made from cotton, linen, handloom, chanderi, silk etc. fabrics, also printed in various forms such as block, Dabu from Bagru, Ajrakh and Balotra and many other artistic designs. Omaana offers products that come in various colors and sizes along with its price, shipping process and price and discount if any. Once the product is chosen and ordered, the Firm looks to deliver the same using the logistics partner and ships the product ordered to the specified address. The site can also be accessed from the Facebook and Instagram pages and orders can also be placed from there as well as the page is integrated with the Website.
The products can also be found other website such as Etsy
The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use the Omaana Platform if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
All information provided by Customers are self-declared and not verified by Omaana. Any and all information posted by any Customer including but not limited to their photographs, videos, etc., Omaana has the right to use this Content for promotions or marketing purposes.
Omaana reserves the right to delete, remove, modify refuse to accept or edit any communication or Content that it may determine, in its sole discretion, violates or may violate this Agreement, the intellectual or proprietary rights of others, any of its policies or is otherwise unacceptable in its discretion, and you hereby agree to forfeit any fees payable in respect of such Content to Omaana or as it may direct.
To fully avail the services of the Website and use it, registration is required. In order to use the services of this Website, You are required to register Yourself, which can also be done through your Facebook or Google+ account. Omaana shall approve the Users detailed profile after basic scrutiny of the Content. One is required to provide only the name, age, address, e-mail id and mobile number for registration..
Membership of this website is available only to those above the age of 18 years. Barring those “Incompetent to Contract” which inter alia include insolvents. If you are a minor and wish to use the Application, You may do so through your legal guardian and Omaana reserves the right to terminate Your account on knowledge of You being a minor and having registered on the Application or availing any of its services.
All information provided by the User, Customers must be true, accurate and complete. Omaana reserves the right (but has no obligation) to verify any and all information provided on a User’s profile.
The User is solely responsible for ensuring and maintaining the secrecy and security of his/her Omaana account password. The User agrees not to disclose this password to any third party and shall be solely responsible for any use of or action taken through the use of such password on Omaana.
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 Omaana Platform. The Parties agree that certain portions of these shall continue to remain in full force and effect indefinitely.
Omaana reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the products and services offered on the Omaana Platform, or any portion thereof, at any time, without notice or cause. 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, as described hereinabove.
Either party may terminate the Agreement at any time, with or without cause, effective immediately upon written notice to the other party (or by terminating or suspending User’s account).
You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and other policies followed by us and with whom you have become acquaintances with from the Omaana Platform. Such contact shall be made only in pursuance of such objectives and services and no other calls shall be made. In addition, you may also be contacted by Third Parties who may have access to the information disclosed by you or to whom We may have disclosed Your information for purposes such as, but not limited to statistical compilations.
We reserve the right to amend the fee policy and charge for all the servies which the Omaana Platform offers. In the event of such change in policy, Users shall be intimated of the same via email/telephone and such change shall be effective as soon as Users have been intimated. Subsequent to such change, it is the choice of the User whether or not to continue with the services offered by Us.
11. MODE OF PAYMENT
To process any financial transactions on the Website, We use third-party electronic payment processors or service providers (ESPs). As required, you permanently authorize us to instruct such ESPs to handle Account deposits and withdrawals from your account. You also permanently agree that in accordance with your requests as submitted, we may give such instructions on your behalf. You agree to be certain by the terms and conditions of use of each appropriate ESP. In the event of conflict between these Agreements and the ESP’s terms and conditions, these Agreements shall prevail.
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / Master Card / Amex, the User will be required to submit his/her 16-digit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) while making an online transaction. The User must also have enrolled his/her card with VBV (Verified by Visa) or MSC (MasterCard Secure Code) in order to complete the transaction. The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favour of Omaana.
The User is further aware that in case of third party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format, and the Firm has no control over the same.
With regards to payments for orders made on ETSY, the PayPal shall be forwarded the payment against the sales made on the website.
Transactions on the Omaana Platform are secure and protected. Any information entered by the User when transacting on the Omaana Platform is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Omaana Platform in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
The User takes full responsibility for payment of all taxes and fees that are levied or arise in the course of use of the Omaana Platform.
14. USER’S OBLIGATIONS
The User undertakes to fulfill the following obligations. Failure to satisfy any of these obligations gives us the right to permanently suspend your account and/or claim damages for any losses that accrue to us or additional costs that may be imposed on us.
You hereby certify that you are at least 18 years of age.
You hereby agree to provide genuine credentials during the process of registration for the Omaana Platform. You shall not use a fictitious identity to register.
You agree that any Content posted by shall be unbiased and objective. You must also ensure that your contributions to the Website/Application are relevant and appropriate to the forum. You alone are responsible for Your Content.
You agree not to publicize other User’s private information without their consent. Such private information shall include but not be limited to close-up photos or videos, other User’s full names and address.
You agree to ensure the email address and mobile number provided in your account registration is valid at all times and shall keep your contact information accurate and up-to-date.
You agree that you are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
You recognize, acknowledge and agree that You are not an employee of Omaana and that Omaana does not, in any way, supervise, direct, or control Your work or Services;
You undertake not to:
Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the Omaana Platform. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the Content for commercial or non-commercial purposes and unwarranted modification of data and information within the Content of the Website is not permitted. Should you want to engage in one or more such actions, prior permission from Omaana must be obtained;
Access (or attempt to access) the Omaana Platform and/or the materials or Services by any means other than through the interface that is provided by the Omaana Platform. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Omaana Platform or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Omaana Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Omaana Platform is prohibited. You acknowledge and agree that by accessing or using the Omaana Platform, You may be exposed to Content from other Users or Third Parties that you may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive Content on the Omaana Platform. Further, you may report such offensive Content;
use the Omaana Platform in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Firm’s services; (ii) any other party’s use and enjoyment of the Firm’s services; or (iii) the services and products of any Third Party (including, without limitation to, the Authorized Device);
Use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft;
Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
Engage in any activity that interferes with or disrupts access to the Omaana Platform or the Services (or the servers and networks which are connected to the Website);
Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Omaana Platform;
Download any file posted in the Omaana Platform that you know, or reasonably should know, cannot be legally distributed in such manner;
Probe, scan or test the vulnerability of the Omaana Platform or any network, devises and software solutions to the Omaana Platform, nor breach the security or authentication measures on the Omaana Platform or any network, devises and software solutions connected to the Omaana Platform. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Omaana Platform, or exploit the Omaana Platform or Service or information made available or offered by or through the Omaana Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Omaana Platform;
disrupt or interfere with the security of, or otherwise cause harm to, the Omaana Platform, systems resources, servers, software solutions or networks connected to or accessible through the Omaana Platform or any affiliated or linked Websites;
Violate any applicable laws or regulations for the time being in force within or outside your home country;
Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
Threaten the unity, integrity, defense, security or sovereignty of your home country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
Disseminate information through the Omaana platform that is false, inaccurate or misleading or violate any applicable laws or regulations for the time being in force in or outside your home country.
Customers agree to respond promptly to communications with and requests for information from the Website.
15. CONFIDENTIAL INFORMATION
Confidential Information shall mean any information disclosed by the Customer on the Omaana Platform. However, Confidential Information shall not include information that: (a) is now or subsequently becomes publicly known through no wrongful act or omission of the Website or anyone to whom it discloses such information; (b) the Website can demonstrate by its written records to have had rightfully in the Customers possession, free of restriction, prior to the date of this Agreement; (c) the Websitecan demonstrate by its written records to have obtained on or after the date of this Agreement, rightfully and free of restriction, from a third party who has the right to transfer or disclose it, provided that it was not acquired, directly or indirectly, from the Customer; (d) the Website can demonstrate by its written records to have been independently developed.
All Users using the Omaana Platform acknowledge that certain information disclosed by Customer may be confidential and, if so, must be protected. All Confidential Information and its embodiments and derivatives shall remain the sole and exclusive property of the Customer and no license or other right with respect to Confidential Information is granted or implied hereby.
16. REPRESENTATIONS AND DISCLAIMER OF WARRANTIES
- Except as otherwise expressly stated on the Website, all Services offered on the Website are offered on an “as is” basis without any warranty whatsoever, either express or implied.
- All commercial/contractual terms are offered by and agreed to between User and Website alone. Omaana disclaims all liability to either the Customer or any person claiming for any breach of the terms.
- The Firm/Website makes no representations as to the reliability, capability, or the quality, security or legality of any of the Products and Omaana disclaims any and all liability relating thereto. The Firm/Website does not implicitly or explicitly support or endorse the procurement of any Service on the Website.
- The User agrees and undertakes that he/she is accessing the Website and transacting at his/her sole risk and that he/she is using his/her best and prudent judgment before availing any product listed on the Website, or accessing/using any information displayed thereon.
- The Website and the Firm accepts no liability for any errors or omissions, whether on behalf of itself, any Service Providers or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of any Product purchased or service availed of by the User from the Website.
- The Firm/Website does not guarantee that the functions and services contained in the Website will be uninterrupted or error-free, or that the Website 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 Website.
- 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.
17. LIMITATION OF LIABILITY
Omaana accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of any product purchased or service availed of by the User from the Omaana Platform.
Users may be held legally responsible for damages suffered by other Users, Omaana or any third party as a result of legally actionable or defamatory comments, remarks, or other information or Content posted to the Omaana Platform. All Customers are to comply with all laws applicable to them or to their activities, and with all posted Omaana Policies, which are hereby incorporated into this Agreement by reference. These policies may be modified from time to time at Omaana’s discretion, and the currently effective policies will be deemed to be part of this Agreement.
Omaana is not legally responsible for any remarks, information or other Content posted or made available on the Omaana Platform by any User or third party, even if such information or Content is defamatory or otherwise legally actionable. Omaana is not responsible for and does not monitor or censor Content for accuracy or reliability. However, Omaana reserves the right to remove or restrict access to any information or Content posted or made available on the Omaana Platform if ordered to do so by a government authority or if Omaana considers such information or Content to be in violation of this Agreement, or to be unlawful, immoral or harmful.
18. INTELLECTUAL PROPERTY RIGHTS
- All information, Content, services and software displayed on, transmitted through, or used in connection with the Omaana Platform, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the “Content”), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Omaana Platform, and solely for your personal, non-commercial use.
- You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Omaana Platform, not to insert any code or product or manipulate the Content of the Omaana Platform in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method.
19. INTELLECTUAL PROPERTY COMPLAINTS
- We respect the intellectual property of others. If you believe Your work has been copied in a way that constitutes infringement or are aware of any infringing material on the Omaana Platform, please email us at firstname.lastname@example.org.
- By providing information to, communicating with, and/or placing material on, the Omaana Platform, including for example but not limited to, communication during any registration and communication on the bulletin board, message or chat area, you represent and warrant:
You own or otherwise have all necessary rights to the Content you provide and the rights to use it as provided in this Terms of Service;
All information You provide is true, accurate, current and complete, and does not violate these Terms of Service; and,
the information and Content shall not cause injury to any person or entity. Using a name other than your own legal name is prohibited (except in those specific areas of the Omaana Platform that specifically ask for unique, fictitious names such as, inter alia certain message boards and chat rooms).
For all such information and material, you grant us, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across all our affiliated Websites, to include the information in a searchable format accessible by users of Omaana Platform and other affiliated Websites, and to use your name and any other information in connection with its use of the material you provide. You also grant the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
20. GEOGRAPHICAL EXTENT
- The Omaana Platform can be used in India. We make no representation that materials or Content available through our Omaana Platform is appropriate or available for use in all countries worldwide.
- If you access or use the Omaana Platform from a country or location where it is not appropriate or available, you are solely responsible for compliance with necessary laws and regulations for use of the Omaana Platform.
- We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for you or for all Users at any time and in our sole discretion. These changes shall become effective upon providing a notice of the same to you via email/ the home screen of the Website. We further reserve the right to withhold, remove and or discard any Content available as part of your account, with or without notice, if deemed by us to be contrary to this Agreement.
- Omaana has no obligation to provide you with a copy of the information you or any other User provides on the Omaana Platform or that the Omaana Platform has accessed.
- Further, We reserve the right, in our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via email to the Users and/ or by posting a notice on the home screen of the Omaana Platform.
You and We both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect email id or if for any other reason You do not receive the email notice. Therefore, we encourage you to frequently open the Omaana Platform to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/ or features through the Omaana Platform. Such new features and/ or services shall be subject to the terms and conditions of this Agreement.
You agree to indemnify and hold harmless the Firm, its independent Service Providers, Service Providers and consultants, and their respective directors, officers, employees and agents (collectively, “Omaana Parties”), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your access to or use of the Platform(s); (b) any Discussions or Messages you provide; (c) your violation of these Terms and Conditions; (d) your violation of any rights of another; (e) your conduct in connection with the platform(s); or (f) any products or services purchased or obtained by you in connection with the platform(s). You agree to fully cooperate in indemnifying Us at Your expense.
Each Customer shall indemnify, defend and hold harmless the Indemnified Parties from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from the Website
23. DISPUTES ARISING OUT OF THIS AGREEMENT
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
14.1 Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the sole proprietorship reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
14.2 Stage 2: Arbitration. If the dispute is not settled by mediation, it shall be referred to and finally resolved by arbitration, which shall be governed by the law, rules and regulations of Jaipur-Rajasthan, India. The Arbitral award is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Jaipur. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties. The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Jaipur, India and you hereby submit to the personal jurisdiction of such courts.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Firm by the User reducing the same to writing, and sending the same to the registered office of the Firm by Registered Post, or send an email to email@example.com.
26. MISCELLANEOUS PROVISIONS
- Entire Agreement: The terms and conditions set forth in this Agreement and any additional or different terms expressly agreed by Customer shall constitute the entire agreement and understanding of Customer with thr order and shall cancel and supersede any other prior or contemporaneous discussions, agreements, representations, warranties, and/or other communications between them. Notwithstanding the foregoing, the Customer shall always remain subject to the terms of the user Agreement.
- Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party’s right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
- Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.