Terms And Conditions
Please read these Terms and Conditions carefully before using the https://www.ootymart.com (Ootymart) website.
Your access to and use of the website is conditioned on your acceptance of and compliance with these “terms and conditions”. These “terms and conditions” apply to all visitors, users and others who access or use the website. The “terms and conditions” are subject to revision at any given time and hence you are requested to go through the “terms and conditions” prior to purchase, sale or usage of the website in any form.
License to use website
Unless otherwise stated, Ootymart and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
• Attempt to probe, scan, or test the vulnerability of any Ootymart system or network or breach any security or authentication measures;
• Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Ootymart or other generally available third party web browsers.
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information.
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content by Ootymart or its associates, service providers or sellers.
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services.
• You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
Use, copy, display, mirror, reproduce, duplicate or frame the services, or any individual element within the Services, Ootymart’s name, any Ootymart trademark, logo or other proprietary information, or the layout and design of any page or user generated content, without Ootymart’s express written consent.
• You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Ootymart express written consent.
• Publish any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation.
Account & Obligation
• Access to certain areas of this website is restricted. Ootymart reserves the right to restrict access to (my account, premium features, seller area etc) areas of this website, or indeed this entire website, in their sole discretion.
• If Ootymart provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
• Ootymart reserve all rights to terminate accounts, edit or remove content and cancel orders in their sole discretion.
• Ootymart may disable your user ID and password in their sole discretion without notice or explanation.
• You shall be 18 or older to access the website and avail its services. If you are below 18 years of age, the service usage shall be deemed to be between your guardian and Ootymart.
• You shall have only one active account on the website, any other accounts shall be considered as illegal
• Ootymart is not liable to provide you the services, it has the discretion to provide the services as well as deny the services if users are identified to ignore the terms and conditions of the website
• Member account once created by member cannot be earsed or removed from the system.
• We may seek and save user personal information like name, email, address, phone etc to deliver orders placed on our marketplace, such information cannot be removed on any request.
User Generated Content
• Ootymart doesn’t claim any ownership rights in any User Generated Content that you make available to us and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content.
• In these terms and conditions, “your user content” means material (including without limitation text, images, blogs, recipes, audio material, video material and audio-visual material etc) that you submit to this website, for whatever purpose.
• You grant to Ootymart a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Ootymart the right to sub-license these rights, and the right to bring an action for infringement of these rights.
• Ootymart may modify, adapt, or create derivative works from your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
• Your user content must not be illegal or unlawful, must not infringe any third partys legal rights, and must not be capable of giving rise to legal action whether against you or Ootymart or a third party (in each case under any applicable law).
• You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
• Ootymart reserves the right to edit or remove any material submitted to this website, or stored on Ootymart servers, or hosted or published upon this website & social media accounts.
• Notwithstanding Ootymart rights under these terms and conditions in relation to user content, Ootymart may monitor such content but does not undertake to due diligence the submission of such content to, or the publication of such content on, this website.
• Users may post content as long as it is not obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or injurious in any other way to third parties. Content has to be free of software viruses, political campaign, and commercial solicitation.
• Additionally, by uploading content to the site, you warrant, represent and agree that you have the right to grant Ootymart the license described above.
• You also represent, warrant and agree that you have not and will not contribute any Content that contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
Trademark & Copyright Policy
• Ootymart and all its trademarks. Any infringement or copying of the trademarks will lead to a legal recourse.
• The content on Ootymart cannot be utilized on any third party websites, printed material or any other digital or physical material without the express content of Ootymart team. If such misuse has been found Ootymart will ask for removal of such copy and if necessary go for legal recourse.
Policy & Privacy
Ootymart defines the policy and privacy terms of the usage of the website. It can change or update the terms of the policy at any given time. Please refer to updated policy for more details.
Product Information & Price
• Ootymart is only an online marketplace and provides the opportunity for the seller to display, advertise and sell their products and services through our portal. The product information and price is set by the sellers without any interference of Ootymart.
• If there is any mistake or miscommunication regarding the product information, then only the seller is liable for the consequences. Ootymart is not responsible for any issues arising out of these consequences.
• Ootymart do not warrant that Product information or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
• Products(including their packaging) offered by seller for sale shall, at all times, confirm the requirements of Applicable Laws and shall at all times comply and marked with the standards prescribed FSSAI Act, rules and regulation.
• Liability of any violation of the FSSAI Act and applicable Rules and Regulations made thereunder would be with the sellers/brand owners, vendors, importers or manufacturers of the food products, Ootymart does not take any responsibilities of any such voilation and may not be held responsible.
No Return Disclaimer: During the summers couverture and compound chocolate will melt and leak in transit. By purchasing these product you agree that return will not be accepted for these products.
Transaction and Communication
The Website is a platform that Users utilize to meet and interact with one another for their transactions. Ootymart is not and cannot be a party to or control in any manner any transaction between the Websites Users.
• All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone.
• The commercial/contractual terms include without limitation price, 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.
• Ootymart 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 Sellers.
• All discounts, offers (including exchange offers) are by the Seller/Brand and not by Ootymart.
• Placement of order by a Buyer with Seller on the Website is an offer to buy the product(s) in the order by the Buyer to the Seller and it shall not be construed as Sellers acceptance of Buyers offers to buy the product(s) ordered.
• The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion (not limited to inventory issue, pricing error, product quality issue, shelf life issue) and the Buyer shall be intimated of the same by way of an email.
• Any transaction price paid by Buyer in case of such cancellation by Seller shall be refunded to the Buyer.
• Further, the Seller may cancel an order wherein the quantities exceed the representative individual purchase. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual purchase. What comprises a typical individuals purchase quantity limit shall be based on various factors and at the sole discretion of the Seller and may vary from individual to individual and seller to seller.
• Ootymart does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. Ootymart does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Ootymart accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
• Ootymart is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Ootymart cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. Ootymart shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
• Ootymart does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular user that you choose to deal with on the Website and use your best judgment in that behalf.
• Ootymart does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
• At no time shall Ootymart hold any right, title or interest over the products nor shall Ootymart have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Ootymart is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
• The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Ootymart is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.
At no time shall Ootymart hold any any right, title or interest over the products nor shall Ootymart have any obligations or liabilities in respect of such contract.
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
• Lack of authorization for any transaction/s, or
• Exceeding the preset 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
All payments made against the purchases on Website shall be in INR acceptable in the Republic of India. Website will not facilitate transaction with respect to any other currency with respect to the purchases made on Website.
Before shipping / delivering your order to you, Seller may 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. This is done in the interest of providing a safe online shopping atmosphere to users.
• Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of such transaction. Use of the payment facility shall not render Ootymart liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Ootymarts Website.
• You have specifically authorized Ootymart or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility. Your relationship with Ootymart is on a principal to principal basis and by accepting these Terms & Condition you agree that Ootymart is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on Ootymarts Website that are paid for by using the Payment Facility. Ootymart does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a transaction.
• You understand, accept and agree that the payment facility provided by Ootymart is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Ootymart Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Ootymart is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
Payment Facility for Buyers:
• You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
• You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent.
• You, as a Buyer, shall electronically notify Payment Facility using the appropriate Ootymart Website features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction
• You, as a Buyer, shall be entitled to claim a refund of the Transaction Price as provided in the Policies. In case you do not raise a refund claim using Website features within the stipulated time than this would make You ineligible for a refund.
• You, as a Buyer, understand that the refund facility may not be available in full or in part for certain category of products and /or services as mentioned in the policies and hence you may not be entitled to a refund in respect of the Transactions for those products and /or services.
• Refund shall be made in INR only and shall be equivalent to the Transaction Price received in INR.
• Refund shall be conditional and shall be with recourse available to Ootymart in case of any misuse by Buyer.
• Refund shall be subject to Buyer complying with Policies.
• The Buyer and Seller acknowledge that Ootymart will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of Ootymart.
• Ootymart reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Ootymart or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
• Ootymart reserves the right to impose limits on the number of Transactions or Transaction Price which Ootymart may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India.
• Ootymart may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of Ootymart. As a result of such check if Ootymart is not satisfied with the creditability of the Buyer or genuineness of the Transaction or other reasons at its sole discretion, Ootymart shall have the right to reject the receipt of / Buyers commitment to pay Transaction Price. For avoidance of doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for payment, may be disabled for certain account users, at the sole discretion of Ootymart.
• Ootymart may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if Ootymart deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, Ootymart may hold Transaction Price and Ootymart may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
Links to Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Ootymart.
Ootymart has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Ootymart shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
This website is provided “as is” without any representations or warranties, express or implied. Ootymart makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Ootymart does not warrant that:
• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
Limitations of liability
Ootymart will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Ootymart has been expressly advised of the potential loss.
You accept that, as a private limited entity, Ootymart has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Ootymart officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Ootymart officers, employees, sellers, agents, subsidiaries, successors, assigns and sub-contractors as well as Ootymart.
You hereby indemnify Ootymart and undertake to keep Ootymart indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Ootymart to a third party in settlement of a claim or dispute on the advice of Ootymart legal advisers) incurred or suffered by Ootymart arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Ootymart other rights under these terms and conditions, if you breach these terms and conditions in any way, Ootymart may take such action as Ootymart deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Ootymart may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version. We reserve the right, at our sole discretion, to modify or replace these Terms at any time without giving any prior notice.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with Chennai, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Chennai.