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BY ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE/APPLICATION, YOU AGREE TO THESE TERMS AND CONDITIONS AND YOU AGREE TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY.

IF YOU DO NOT AGREE, PLEASE DO NOT USE THE WEBSITE/ APPLICATION/ SERVICES.

Thank you for choosing Openly and welcome to our website (www.buyopenly.com), ( hereinafter referred as “Website” or “Site”) and a web application (Openly) (hereinafter referred to as “Application”) owned and operated by Keitai Technologies Private Limited having registered office at No.3, Sector 4, HSR Layout, Opposite to JSS Public School, Bangalore Karnataka- 560034, /India (herein after referred as “we, us, our, Company”) to provide you (“you, your, yours, user”) with an online platform to enable transactions between participant sellers of goods (Sellers) or providers of services (Service Providers) and buyers (Buyers) . Website and Application may collectively be referred as Platform. Sellers and Service Providers shall be collectively referred as Merchants.

These Terms of Use (including the applicable policies which are incorporated herein by way of reference) govern your use of our Website, Application, or any services offered by us on these Platforms (“Services”).

If You transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, You shall be contracting with Us and these terms and conditions including the policies constitute Your binding obligations, with Us .

  1. CONFIRMATION
    In order to access our Platform or Services you confirm that you have read these Terms of Use including the applicable policies (“Terms”) and have agreed to the same. Whenever you use our Platform or Services, you acknowledge that you understand and agree to these Terms, and you also agree to our Privacy and Cookie Policies.
    By impliedly or expressly accepting these Terms, You also accept and agree to be bound by our policies (including but not limited to Privacy Policy available at Privacy) (hereinafter referred as Policies) as amended from time to time.
  2. REGISTRATION
    1. You must register on this Site in order to use the Site functions by:
      1. connecting through an available social media account (including, but not limited to Facebook, google account);
      2. providing a username, a valid email address and any other information we may require from time to time (“Account”).

    2. During registration, you will be required to provide contact information, consisting of an email address, username and password. You can select any username as you like, except that your username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way. You may, but are not obligated to, use your own name. If you do use your own name, you consent to it being passed to others by use of certain of the functions of the Site. We reserve the right to reject or remove any username.

    3. You will be required to furnish certain information and details, including Your name, mobile number, e-mail address, residential address, location, payment information (credit/debit card details) if required, and any other information deemed necessary by the Platform. You are required to provide accurate and complete information.

    4. You are responsible for maintaining the confidentiality of your Account details and you are fully responsible for all activities that occur under your Account. Your Account must be used only by you and must not be shared with, or transferred to any other individual. You agree to ensure that You are successfully logged out from Your account at the end of each session; and You must immediately notify us via our Contact Us page of any suspected or actual, unauthorized or fraudulent use of your Account or any other breach of security. If there is reason to believe that there is likely to be a breach of security or misuse of Your account, we may request You to change the password or we may suspend Your account without any liability to the Company, for such period of time as we deem appropriate in the circumstances.

    5. We shall not be liable for any loss or damage arising from Your failure to comply with this provision.

    6. You are aware that the access to the Platform and Services offered to you is time bound. You acknowledge that Your ability to use Your account is dependent upon external factors such as internet service providers and internet network availability and the Company cannot guarantee accessibility to the Application at all times. In addition to the disclaimers set forth in the Terms, the Company shall not be liable to You for any damages arising from Your inability to log into Your account and access the services of the Application at any time.

    7. You can access and update much of the information you provided us with in the Your Account area of the Platform. You agree and acknowledge that you will use your account on the Platform to purchase products only for your personal use and not for business purposes.

  3. COMPETENT TO CONTRACT
    1. You represent that:
      • You are “competent/capable” of contracting within the meaning of the Indian Contract Act, 1872 and you are eligible to register on the Platform and utilise Our Services.
      • You are not a minor or un-discharged insolvent or otherwise barred to enter into the contract as per the applicable law.
    2. The Company will not be responsible for any consequence that arises as a result of misuse of any kind of Our Platform or any of Our Services that may occur by virtue of any person including a minor registering for the Services provided.
    3. By using the Platform or Services, You warrant that all the data, information etc. provided by You is accurate and complete.
    4. The Company reserves the right to terminate Your subscription and / or refuse to provide You with access to the Platform or Services if it is discovered that

      1. You are under the age of 18 (eighteen) years and the consent to use the products or Services is not made by Your parent/legal guardian; or
      2. any information provided by You is inaccurate.
  4. PRIVACY
    The personal information / data provided to Us by you during the course of usage of Platform will be treated as strictly confidential and will be used and shared in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the Platform.
  5. ONLINE PLATFORM
    1. The Platform is an online platform that enables You to purchase products/Services listed on the Platform at the price indicated therein at any time from any location.
    2. You understand, agree and acknowledge that the Company is only a facilitator and is not and shall not be a party to any transactions on the Platform. You also understand and agree that the Company cannot and will not control the transactions in any manner.
    3. Any contract of sale of products/services on the Platform is a strictly bipartite contract between you and the Merchants on the Platform. All commercial/contractual terms are offered by and agreed to between Buyers and Merchants alone. The commercial/contractual terms include without limitation price, taxes, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Company does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Merchants. Company may, however, offer support services to Merchants in respect to order fulfilment, payment collection, call centre, and other services, pursuant to independent contracts executed by it with the Merchants.
    4. Company does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Merchants. You are advised to independently verify the bona fides of any particular Merchant that you choose to deal with on the Platform and use your best judgment in that behalf. All Merchant offers and third party offers are subject to respective party terms and conditions. Company takes no responsibility for such offers.
    5. Company neither make any representation or warranty as to specifics (such as quality, value, saleability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
    6. Company is not responsible for any non-performance or breach of any contract entered into between Buyers and Merchants on the Platform. Company cannot and does not guarantee that the concerned Buyers and/or Merchants will perform any transaction concluded on the Platform. Company is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
    7. Company is operating an online marketplace and assumes the role of facilitator, and does not at any point of time during any transaction between Buyer and Merchant on the Platform come into or take possession of any of the products or services offered by Merchant. At no time shall Company hold any right, title or interest over the products nor shall Company have any obligations or liabilities in respect of such contract entered into between Buyer and Merchant.
    8. In case of complaints from the Buyer pertaining to efficacy, quality, or any other such issues, Company shall notify the same to Merchant and shall also redirect the Buyer to the consumer call centre/ grievance officer of the Merchant. The Merchant shall be liable for redressing Buyer complaints. In the event you raise any complaint on any Merchant accessed using our Platform, we shall assist you to the best of our abilities by providing relevant information to you such as details of the Merchant and the specific order to which the complaint relates, to enable satisfactory resolution of the complaint.
    9. Before shipping / delivering your order to you, Merchant shall have the right to request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. In the event of failure, Merchant has all the rights to deny the delivery.
  6. USE OF PLATFORM
    1. Subject to your compliance with these Terms, we grant you a limited, personal, revocable, non-transferable, non-sub licensable, worldwide and non-exclusive licence to use Our Platform for the exclusive purpose of using the Platform or Services for your own personal, non-commercial use (“Licence”). Any use of the Application, Website, Services or their contents other than for personal purposes is prohibited.
    2. Your Licence to use Our Platform is restricted to use of the object code of the Software, and it is a condition of the Licence that, except where permitted under applicable law, you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, rent, lease, loan, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software.
    3. You agree not to access the Applications or the Website by any means other than through the interfaces that are provided by us for use in accessing the Platform /Services.
    4. Your personal and non-commercial use of this Application, Website, products and / or our Services shall be subjected to the following restrictions:
      1. You may not reword, rephrase, reverse engineer, or disassemble the contents of the Application and / or our Website and/or Services/ products or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Application and / or our Website and/or Services/products, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Application and / or and / or our Website and/or Services/products.
      2. You will not
        1. use this Application and / or our Website and/or any of our product/s or Service/s for commercial purposes of any kind, or
        2. advertise or sell the Application or any products, Services or domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or
        3. use the Application and / or Website/our products and Services in any way that is unlawful, or harms the Company or any other person or entity as determined by the Company.
        4. use the Platform in any way that causes, or is likely to cause, the Platform or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not the Company, are responsible for all electronic communications and content sent from your computer to us and you must use the Platform for lawful purposes only.
        5. use the Platform for any of the following:
          1. for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
          2. to send, use or reuse any material
              3. that does not belong to you; or
            1. that is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing;
            2. that is ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or
            3. that relates to or promotes money laundering or gambling; or
            4. that is harmful to minors in any way; or
            5. that impersonates another person; or
            6. that threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or
            7. that is objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam
  7. PAYMENTS
    1. Any payment made against the purchases/services on Platform shall be made in Indian currency only.
    2. You understand, accept and agree that
      1. the payment facility provided by the Company is not a banking nor financial service;
      2. Company is merely a facilitator to provide an online payment facility for the Transactions on the Platform using the existing third parties such as authorized banking infrastructure and Credit Card payment gateway networks;
      3. we act as the Merchant’s payment agent for the limited purpose of accepting payments from you on behalf of the Merchant. Upon your payment of amounts to us, which are due to the Merchant, your payment obligation to the Merchant for such amounts is completed, and we are responsible for remitting such amounts, to the Merchant; and
      4. we are not liable for any amount that may be charged to you by your bank related to our collection of the total amount.
    3. We shall not be responsible or assume liability, whatsoever in respect of any loss or damage arising directly or indirectly to You, while availing any of the payment methods available on the Platform due to:
      1. Lack of authorization for any transaction/s, or
      2. Exceeding the pre-set limit mutually agreed by You and between "Bank/s", or
      3. Any payment issues arising out of the transaction, or
      4. Decline of transaction for any other reason/s.
    4. We shall not be deemed as a trustee or acting in any fiduciary capacity with respect to the transaction or the transaction price merely because we have facilitated/ provided for the payment facility.
  8. ACCESS AND TERMINATION
    Subject to the nature of the internet, Company will try to ensure the uninterrupted availability of the Platform and errorfree transmissions. Your access to the Platform/ Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior.
    We may terminate your access to the Platform or Services if you breach our Terms after providing you a written notice.
  9. USER CONTACT
    1. Upon registration through any means whatsoever, the Company/Merchant may contact You through the registered mobile number or e-mail or any other mobile number or contact number or email provided by You to enable effective provision of Services/use of Platform. The User expressly permits the Company/Merchant to contact him/her, through the abovementioned means at any time post registration
    2. You agree and allow the Company to collect data with respect to your usage of the Platform/ purchases/ review/ feedback etc and utilise the same. The Company shall have the right to store, use, monitor the usage or the pattern of usage of the Platform/services/purchases/orders/ products and the contents thereof by the User.
  10. ELECTRONIC DELIVERY STATEMENT AND YOUR CONSENT
    1. The Company may, based on any available or future form of access to the Application (including free download/trials) or Services or Website or registrations through any source whatsoever, contact the User through SMS, email and call, to give information about its products as well as notifications on various important updates and/or to seek permission for demonstration of its products.
    2. The User expressly grants such permission to contact him/her through telephone, SMS, e-mail and holds the Company indemnified against any liabilities including financial penalties, damages, expenses in case the User’s mobile number is registered with Do not Disturb (DND) database. By registering yourself, you agree to make your contact details available to Our employees, associates and partners so that you may be contacted for any information or promotions through telephone, SMS, email etc.
    3. You agree that we may provide to you notices and other information concerning Website/ Application/ Services electronically, including notice to any email address that you may provide.
    4. You understand and acknowledge that there are inherent risks involved in sending the instructions/communications/documents to the other parties via SMS, emails and calls and you hereby agree and confirm that the Company shall not be liable for any losses or damages arising as a result of any miscommunication, or technological error.
  11. PROPRIETARY INFORMATION
    Except as mentioned below, all information, content, material, trademarks, our name and logo [insert logo/word mark], services marks, trade names, and trade secrets, design , concept, intellectual property including but not limited to the software, text, images, graphics, video, script and audio, contained in the Application, Website, Services and products are proprietary property of the Company (“Proprietary Information”).
    1. You are granted no general right or commercial license with respect to our Proprietary Information including trademarks, service marks and logos.
    2. No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from the Company and nothing on this Application or Website or Services shall be or products deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to the Company, to the User.
    3. You may own the medium on which the information, content or materials resides, but the Company shall at all times retain full and complete title to the information, content or materials and all intellectual property rights inserted by the Company on such medium.
    4. Certain contents, trademarks, service marks and/or logos on the Website may belong to third parties. Such contents have been reproduced after taking prior consent from said party and all rights relating to such content will remain with such third party.
    5. You recognize and acknowledge that the ownership of such contents, all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and You are not permitted to use the same without the consent of the respective third party.
  12. CODE OF CONDUCT
    Once you have an Account, you can create an online profile (“Profile”). When creating your Account/ Profile, you agree to
    1. provide accurate, current and complete information; and
    2. be personally responsible for the information you provide in your Profile. We reserve the right to delete your Profile and suspend or terminate your Account if we, acting reasonably, suspect that any information you provide in your Profile is untrue, inaccurate or does not comply with our Terms.
    3. iyou may not create a link to the website from another website or document without the company’s prior written consent
    4. No User shall be permitted to perform any of the following prohibited activities while availing our Services:
      1. Bullying, Stalking, intimidating and/or harassing another and/or inciting other to commit violence;
      2. Making available any content that is misleading, unlawful, harmful, threatening, abusive, defamatory, libellous, vulgar, obscene, pornographic, lewd, lascivious, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
      3. Transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
      4. Interfering with any other organisation/person’s use or enjoyment of the Application/Website/Services;
      5. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else;
      6. Make available any content or material that You do not have a right to make available under any law or contractual or fiduciary relationship, unless You own or control the rights thereto or have received all necessary written consents for such use of the content;
      7. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
      8. Post, transmit or make available any material that contains spyware, viruses, trojan horses, worms, time bombs, cancel-bots, or other computer programming routines, code, files or such other programs that may harm the Application/services, interests or rights of other users or limit the functionality of any computer software, computer accessories, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent;
      9. Access or use the Application/Website/Services/products in any manner that could damage, disable, overburden or impair any of the Application’s/Website’s servers or the networks connected to any of the servers on which the Application/Website is hosted;
      10. Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the Application/Website/Services/products, violate any requirements, procedures, policies or regulations of networks connected to the Application/Website/Services/products, or engage in any activity prohibited by these Terms;
      11. Disrupt or interfere with the security of, or otherwise cause harm to, the Application/Website/Services/products, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Application/Website/Services/products or any affiliated or linked sites;
      12. Use any Artificial Intelligence (AI) tools for monitoring and tracking the changes made on company’s portal or websites to derive big data for any commercial consumption
      13. Interfere with, or inhibit any user from using and enjoying access to the Application/Website/ Services/products, or other affiliated sites, or engage in disruptive attacks such as denial of service attack on the Application/Website/Services/products;
      14. Use deep-links, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Application/Website/Services/products, to access, acquire, copy or monitor any portion of the Application /Website/Services/products, or in any way reproduce or circumvent the navigational structure or presentation of the Application, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Application/ Website/Services/products;
      15. Alter or modify any part of the Services and content.
      16. Use the Services for purposes that are not permitted by: (i) these Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction; or
      17. Violate any of the terms specified under the Terms for the use of the Application /Website/Services/products.
  13. NO DUTY TO MONITOR
    You agree that we are not liable for content/ good and services that is provided by others. We have no duty to screen content/information that you may supply or post, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove any content for any reason at any time.
  14. ERRORS IN APPLICATION
    1. In the preparation of the Application/Website/Services/products and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, the Company disclaims any responsibility for any errors and accuracy of the information that may be contained in the Application.
    2. Company also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither the Company nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on Application/Website/Services/products for any particular purpose.
    3. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
    4. We provide this Site and its contents, Applications and Services on “AS IS.” basis with all faults and without any warranty of any kind. We and our suppliers make no express warranties or guarantees about this Site. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, APPLICATION/PRODUCTS. AND THE SERVICES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE SITE/ APPLICATION/ SERVICES IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION. ADDITIONALLY, THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, OR THE APPLICATION OR THE SERVICES. YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS WEBSITE/APPLICATION/SERVICES/PRODUCTS IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT SERVICES PROVIDED BY US MEET YOUR SPECIFIC REQUIREMENTS.
    5. WE ASSUME NO LIABILITY FOR THE ACCURACY OR COMPLETENESS OR USE OR NON OBSOLESCENCE OF ANY INFORMATION PROVIDED ON THE SITE/APPLICATION/SERVICES. WE SHALL NOT BE LIABLE TO UPDATE OR ENSURE CONTINUITY OF SUCH INFORMATION CONTAINED ON THE WEBSITE. WE WOULD NOT BE RESPONSIBLE FOR ANY ERRORS, WHICH MIGHT APPEAR IN SUCH INFORMATION, WHICH IS COMPILED FROM THIRD PARTY SOURCES OR FOR ANY UNAVAILABILITY OF SUCH INFORMATION. FROM TIME TO TIME THE WEBSITE MAY ALSO INCLUDE LINKS TO OTHER WEBSITES. THESE LINKS ARE PROVIDED FOR YOUR CONVENIENCE TO PROVIDE FURTHER INFORMATION. THEY DO NOT SIGNIFY THAT WE ENDORSE THE WEBSITE(S). WE HAVE NO RESPONSIBILITY FOR THE CONTENT OF THE LINKED WEBSITE(S).
  15. FEEDBACK
    1. Any feedback from User is most welcome to make the Application/Services/ Website and contents thereof error free and user friendly. You may from time to time provide suggestions, comments or other feedback (Feedback) to Us regarding the Our Website/ Applications/ Services/products. Both Parties agree that all Feedback is and shall be given entirely voluntarily.
    2. Feedback, even if designated as confidential by You, shall not create any confidentiality obligation for Us. Furthermore, We shall be free to use, disclose, reproduce, license or otherwise distribute, and exploit the Feedback provided to us, royalty free, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
    3. By submitting the feedback, You represent and warrant that
      1. Your feedback does not contain confidential or proprietary information of You or of third parties;
      2. the Company is not under any obligation of confidentiality, express or implied, with respect to the feedback;
      3. the Application may have something similar to the feedback already under consideration or in development; and
      4. You are not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances, unless specified.
  16. NO ENDORSEMENT
    1. 16.1. We do not endorse any Merchant or confirm its purported identity. We will not be responsible for any damage or harm resulting from your interactions with other Users including Merchants.
    2. 16.2. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or Merchants or other third parties will be limited to a claim against the particular user or Merchant or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from the Company with respect to such actions or omissions.
  17. PROMOTIONAL USE OF USERS SUBMISSIONS
    The company may conduct competitions from time to time and you agree to allow the company to use the submissions by you including but not limited to audio, videos, written content etc for promotional purposes. All rights will be reserved by the company for usage of such submissions by you. You additionally permit the company to use every kind of information submitted by you like audios, photos, videos etc. for promotional campaigns as it pleases and you will cease to have any rights on the same once your submissions are made to the company.
  18. COMPATIBILITY
    The Company’s products and / or Services, including the Application and content, are compatible only with certain devices/tablets/instruments/hardware. The Company shall not be obligated to provide workable products and / or services for any instruments that are not recognized by the Company or those instruments that may be purchased from any third party which are not compatible with the Company’s products and Services. The company reserves the right to upgrade the table/ type of compatible devices as required from time to time.
  19. BUYER MERCHANT DISPUTES
    If you have a dispute with Merchant relating to, arising from, or in any way connected with any of the products /services offered by such Merchant, you release us from all claims, demands and damages of any kind or nature arising out of or in any way connected with such dispute.
  20. LIABILITIES UPON TERMINATION
    Without prejudice to any rights or remedies available to the Company, the User shall upon termination of the Agreement be liable for payment of any balance fees or charges payable until the Date of Termination.
  21. NO LIABILITY
    User understands and agrees that the Company is merely a facilitator between the User and Merchant and the Company shall not be liable for:
    1. User interactions and associated issues User has with the Merchants;
    2. the ability or intent of the Merchant(s) or the lack of it, in fulfilling their obligations towards Users;
    3. any negligent, inappropriate behaviour, misconduct, non-professional conduct etc. by the Merchant or its staff;
    4. any cancellation or no show by the Service Provider or rescheduling of booked appointment or any variation in the fees charged by the Service Provider.
  22. LIMITATIONS OF LIABILITY
    1. The Company, our officers, employees, contractors, suppliers, affiliates, agents and licensors shall have no responsibility for any loss or damages including but not limited to loss of profit, inaccurate results, damages caused to Laptop/personnel computer, mobile tablet or any other hardware and / or software and/or instrument, as well as loss of data or effect on the processing speed, resulting from Your use of our Platform and Services.
    2. You agree not to use our Platform for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. You may not assert claims for damages arising from this Site or its contents/ Application/Services. In no event shall the Company, its officers, directors, employees, partners or agents be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, Your use of, or access to, the Application.
    3. The maximum aggregate liability of us to you in relation to any paid Services (whether such liability arises in contract, tort (including negligence), breach of statutory duty or otherwise) shall, to the fullest extent permitted by applicable law, not exceed the total amount of the Fees paid by you to us for the Services in the 3 months prior to the initial action giving rise to the liability, which is an aggregate limit that will not increase according to the number of claims brought by you. If no Fees have been paid by you and your use of the Services has been limited to the free Services, you shall not be entitled to any damages of any kind.
  23. FORCE MAJEURE
    Neither the Company nor Merchant shall be liable to the User for any default or delay in performance of its obligations under this Agreement to the extent such default or delay is attributable to force majeure events i.e. events which are beyond the reasonable control of the Company including acts of God, fires, explosions, accidents, epidemics, pandemics, natural calamity or disasters, unusually severe weather conditions, embargoes, wars, riots, labour disputes, strikes, governmental requirements and any other similar events.
  24. INDEMNIFICATION
    You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
    1. Your use of and access of the Application/Website/Services;
    2. Your violation of any term of these Terms or any other policy of the Company;
    3. iYour violation of any third party right, including without limitation, any copyright, property, or privacy right; or
    4. any claim that Your use of the Application/Website/Services has caused damage to a third party.

    This defense and indemnification obligation will survive these Terms.
  25. BREACH OF TERMS
    1. Any violation by You of the terms of this Clause may result in immediate suspension or termination of Your Accounts apart from any legal remedy that the Company can avail. In such instances, the Company may also disclose Your Account Information if required by any Governmental or legal authority. You understand that the violation of these Terms could also result in civil or criminal liability under applicable laws.
    2. In the event of Your breach of these Terms, You agree that the Company will be irreparably harmed and may not have an adequate remedy in money or damages. The Company therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. The Company’s right to obtain such relief shall not limit its right to obtain other remedies.
  26. AMENDMENT /MODIFICATION
    1. You understand and agree that We may discontinue or change or amend any of Our contents, services, functions or features at any time with or without notice. You are responsible for checking these Terms periodically for changes . The most current version of these terms shall be accessed by clicking on the Terms of Use hypertext link located at the bottom of our web pages.
    2. We will publish all changes on this page with the date these amendments are made located at the top of the page, so that you know when we last updated the Terms. This also applies to our Privacy and Cookie Policies. Your continued use of our Platform after any amendments constitutes your acceptance of any such amendments. If you do not agree to comply with these Terms, please do not register to use, access or continue to use our Services. We recommend that you print a copy of these Terms for future reference.
  27. GOVERNING LAW
    The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in Bangalore and You hereby accede to and accept the jurisdiction of such courts.
  28. CUSTOMER CARE
    We make all best endeavours to provide You with a pleasant experience. In the unlikely event that You face any issues, please contact us at Customerhelpdesk@buyopenly.com
  29. GRIEVANCE REDRESSAL
    Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to ravi.mukundan@buyopenly.com or Mr. Ravi Mukundan

    30. Mr. Ravi Mukundan
    Chief Business Officer
    Keitai Technologies Private Limited
    HSR Layout,Bengaluru
    Ph: +91 9993099699
    The company shall not be responsible for any communication, if addressed, to any non-designated person in this regard.
  30. DISPUTE RESOLUTION
    Any dispute or difference of any nature whatsoever arising out of or in relation to this Agreement including in respect of the indemnity clause of this Agreement shall be finally decided by a Sole Arbitrator to be nominated by the Director of the Company (hereinafter referred as "the nominating authority"). The User shall not be entitled to raise any objection to any such Sole Arbitrator appointed by the nominating authority on any ground whatsoever. The arbitration shall be held in accordance with the provisions of the Arbitration & Conciliation Act, 1996 or any other applicable law at the relevant point of time. The language of the arbitration shall be English and the award rendered in arbitration shall be a reasoned award in writing and shall be conclusive and binding on the parties. The venue of arbitration shall be at Bangalore, Karnataka, India.
  31. GENERAL PROVISIONS
    1. Notice: All notices served by the Company shall be provided via email to Your account or as a general notification on the Application. Any notice to be provided to the Company should be sent to [insert email id].
    2. Entire Agreement: The Terms, along with the Privacy Policy, and any other guidelines made applicable to the Application from time to time, constitute the entire agreement between the Company and You with respect to Your access to or use of the Application, Website and the Services thereof.
    3. Assignment: You cannot assign or otherwise transfer Your obligations under the Terms, or any right granted hereunder to any third party. The Company’s rights under the Terms are freely transferable by the Company to any third parties without the requirement of seeking Your consent.
    4. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
    5. Waiver: Any failure by the Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the Company of that provision or right.
    6. Relationship: You acknowledge that Your participation on the Application, does not make You an employee or agency or partnership or joint venture or franchise of the Company.
    7. The Company provides these Terms so that You are aware of the terms that apply to your use of the Website/Application and Services. You acknowledge that, the Company has given You a reasonable opportunity to review these Terms and that You have agreed to them.