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 .
- 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.
- REGISTRATION
- You must register on this Site in order to use the Site functions by:
- connecting through an available social media account (including, but not limited to
Facebook, google account);
- providing a username, a valid email address and any other information we may
require from time to time (“Account”).
- 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.
- 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.
- 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.
- We shall not be liable for any loss or damage arising from Your failure to comply with
this provision.
- 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.
- 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.
- COMPETENT TO CONTRACT
- 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.
- 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.
- By using the Platform or Services, You warrant that all the data, information etc.
provided by You is accurate and complete.
- 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
- 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
- any information provided by You is inaccurate.
- 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.
- ONLINE PLATFORM
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- USE OF PLATFORM
- 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.
- 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.
- 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.
- Your personal and non-commercial use of this Application, Website, products and / or
our Services shall be subjected to the following restrictions:
- 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.
- You will not
- use this Application and / or our Website and/or any of our product/s or
Service/s for commercial purposes of any kind, or
- 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
- 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.
- 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.
- use the Platform for any of the following:
- for fraudulent purposes, or in connection with a criminal offense or other
unlawful activity
- to send, use or reuse any material
that does not belong to you; or
- 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;
- 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
- that relates to or promotes money laundering or gambling; or
- that is harmful to minors in any way; or
- that impersonates another person; or
- that threatens the unity, integrity, security or sovereignty of India or
friendly relations with foreign States; or
- 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
- PAYMENTS
- Any payment made against the purchases/services on Platform shall be made in Indian
currency only.
- You understand, accept and agree that
- the payment facility provided by the Company is not a banking nor financial
service;
- 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;
- 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
- we are not liable for any amount that may be charged to you by your bank related to
our collection of the total amount.
- 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:
- Lack of authorization for any transaction/s, or
- Exceeding the pre-set limit mutually agreed by You and between "Bank/s", or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s.
- 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.
- 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.
- USER CONTACT
- 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
- 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.
- ELECTRONIC DELIVERY STATEMENT AND YOUR CONSENT
- 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.
- 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.
- 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.
- 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.
- 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”).
- You are granted no general right or commercial license with respect to our Proprietary
Information including trademarks, service marks and logos.
- 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.
- 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.
- 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.
- 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.
- CODE OF CONDUCT
Once you have an Account, you can create an online profile
(“Profile”). When creating your Account/ Profile, you agree to
- provide accurate, current and complete information; and
- 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.
- iyou may not create a link to the website from another website or document without the
company’s prior written consent
- No User shall be permitted to perform any of the following prohibited activities while
availing our Services:
- Bullying, Stalking, intimidating and/or harassing another and/or inciting other to
commit violence;
- 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;
- 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;
- Interfering with any other organisation/person’s use or enjoyment of the
Application/Website/Services;
- 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;
- 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;
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your
affiliation with a person or entity;
- 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;
- 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;
- 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;
- 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;
- 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
- 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;
- 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;
- Alter or modify any part of the Services and content.
- 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
- Violate any of the terms specified under the Terms for the use of the Application
/Website/Services/products.
- 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.
- ERRORS IN APPLICATION
- 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.
- 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.
- 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.
- 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.
- 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).
- FEEDBACK
- 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.
- 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.
- By submitting the feedback, You represent and warrant that
- Your feedback does not contain confidential or proprietary information of You or of
third parties;
- the Company is not under any obligation of confidentiality, express or implied, with
respect to the feedback;
- the Application may have something similar to the feedback already under
consideration or in development; and
- You are not entitled to any compensation or reimbursement of any kind from the
Company for the feedback under any circumstances, unless specified.
- NO ENDORSEMENT
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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:
- User interactions and associated issues User has with the Merchants;
- the ability or intent of the Merchant(s) or the lack of it, in fulfilling their
obligations towards Users;
- any negligent, inappropriate behaviour, misconduct, non-professional conduct etc. by the
Merchant or its staff;
- 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.
- LIMITATIONS OF LIABILITY
- 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.
- 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.
- 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.
- 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.
- 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:
- Your use of and access of the Application/Website/Services;
- Your violation of any term of these Terms or any other policy of the Company;
- iYour violation of any third party right, including without limitation, any copyright,
property, or privacy right; or
- 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.
- BREACH OF TERMS
- 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.
- 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.
- AMENDMENT /MODIFICATION
- 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.
- 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.
- 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.
- 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
- 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
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. - 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.
- GENERAL PROVISIONS
- 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].
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.