TERMS AND CONDITIONS
This "Terms and Conditions" document constitutes an "electronic contract" between Neel Sawhney and Company Private Limited ("Company"), a company which operates and maintains the website www.onefridayworld.com ("The Website")incorporated under the Companies Act, 1956 and having its registered office at Z-48, Okhla Industrial Area,Phase-II New Delhi - 110020 and the User of the Website under the laws applicable to the User. This electronic contract is generated by a computer system and does not require any physical or digital signatures.
If the User does not agree with these "Terms and Conditions" he/shemust not use the website.
Subject to the compliance with these Terms and Conditions and payment of applicable fees, if any, the Company may grant to the User a limited licence to access and make personal use of this Website subject to the restrictions specified herein.
The Company reserves the right, at its sole discretion, to change, modify, add or remove contents of these Terms and Conditions, at any point of time without any prior written notice to the User. It is the User's responsibility to review these Terms and Conditions periodically for any updates / changes. User's continued use of the Website post the changes will mean that the User accepts and agrees to the amendments. As long as the User complies with these Terms and Conditions, the Company grantsthe User a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
1. ABOUT THE WEBSITE
1.1 This Website has been set up by the Company as an electronic marketplace for providing aplatform for sale of goods and services ("Products") by manufacturers / distributors / vendors / retailers etc. ("Sellers") to end-customers ("Buyers"). The Website (a) provides a platform for Sellers to advertise, exhibit, make available and offer to sell various Products to Buyers; (b) allows Users to avail such other services as are incidental and ancillary thereto.
1.2 Reference to the term "Website" in these Terms and Conditions shall include the mobile application "OneFridayWorld", and / or any other software / application through which the User (a) accesses the Website, or (b) avails online services from Company under "OneFriday" brand, as the case may be.
1.3 The terms "We" / "Us" / "Our" used in this Policy refer to the Company and the terms "You"/ "Your"/ "Yourself" in this Policy refers to the users of the Website
The term"Users"refers to:
(a) "Sellers" of Products on the Website;
(b) "Buyers"of Products on the Website; or
(c) "All persons" who visit or access this Website, or avail any of its functionalities or use any data or information available on the Website in any manner.
In case the Company itself engages in the sale of Products on the Website along with third party Sellers. The reference to the expression "Seller" shall mutatis mutandis include the Company also.
1.4 The term "Applicable Law" as used in these Terms and Conditions refer to all applicable laws, rules, regulations, circulars, orders or other instructions (having force of law) of any government, legal or judicial authority having jurisdiction over the Website or any transaction(s) on the Website.
1.5 You agree and acknowledge that this Website only functions as an intermediary forenabling Sellers and Buyers to transact with each other and that the Company cannot be held liable in respect of any transaction between the Buyer and the Seller (unless Company itself is a Seller). All transactions for purchase or sale of goods and services shall be considered to be bilateral contracts between the respective Buyer and Seller of the relevant goods and services and the Company shall not be held liable in respect of the same.
2. USER REGISTRATION
2.1 The Company requires Users to fill an online application form and register themselves on the Website to purchase goods or avail any of the services rendered on the Website. The Users need to provide information, and submit documents as may be required for registration ("Registration Information").
2.2 Registration and use of the Website is available only to those individuals who are competentto enter into a legally binding contract under the provisions of The Indian Contract Act.For instance, a minor or a lunaticperson shall not register as a User of the Website and shall not use the Website. The Company reserves the right to terminate your membership and / or refuse to provide you with access to the Website if the Company has a reason to believe that you are a person not competent to contract.
2.3 While registering for the use of website You are under an obligation to provide the true, accurate and complete Registration Information; and update the Registration Information from time to time to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if The Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate any or all of your current or future use of the Services.
2.4 In case You are to register as a business or a corporate entity, you must be having a proper authority to accept this agreement on behalf of such business or a corporate entity.
2.5 You will be required to register you email address and mobile number on the website and you will be sent all the notices and information from the company electronically, on your registered email address and or mobile number. You must update any changes to your email address and mobile number. If you become aware of any unauthorized use of your Registration Information, you must notify the Company immediately at the customer service helpdesk, the details of which are available on the Website. The Company shall not be liable for any unauthorized use or access of your account on the Website.
2.6 Upon successful registration to use the Services and payment of Service Fee, if any, your Account would be activated. You agree and understand that you will be solely responsible for the contents and the activities in your account and for maintaining the confidentiality and security of your password and login ID that allows you to access to the Services.If you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner, You must immediately change the password and/or log in ID or take any other remedial steps You think fit. Under no circumstances, the Company shall be responsible for any consequences that may follow.
3. CHARGES AND PAYMENT RELATED INFORMATION
Payment of fees: Currently, the Company does not levy any fee on the Users for browsing the Website. However, the Company reserves the right if it so decides, to charge a reasonable feein future on certain services provided on the Website for the Users.
3.1 Provision of payment information: You are required to provideYour correct and accurate personal financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details for availing Services on the Website. The information provided by you will be kept confidential by the Company unless it is required to be disclosed under any law.The Companyundertakes no liability that may arise as a consequence of discloser of such personal financial information.
3.2 Limits on payments: The Company may have arrangements with its banks on fixing the upper limits on the amounts in a single transaction. The Company undertakes no liability whatsoever in respect of any loss or damage that may arise directly or indirectly out of the decline of authorization for any transaction, on account of You having exceeded or attempting to exceed the present limit.
4. USE OF THE WEBSITE
4.1 Your use of the Website shall be strictly governed by the following binding principles:
(i) You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) Infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, patent, trademark, copyright or other proprietary rights or any third party's trade secrets or rights of publicity or privacy(including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
(b) Is grossly harmful, harassing, blasphemous, defamatory, obscene,sexually explicit, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) Is false, inaccurate or misleading; belongs to another person and to which You do not have any right ;
(d) Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(e) Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(f) Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(g) Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(h) Tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(i) Solicits unlawful gambling or engages in any unlawful gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
(j) Interferes with another User's use and enjoyment of the Website ;
(k) Refers to any website or URL that, contains material that is inappropriate for the Website or any other website, contains content that or violates the letter or spirit of these Terms and Conditions;
(l) Harm minors in any way;
(m) Violates any law for the time being in force;
(n) Deceives or misleads the addressee/ Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(o) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(p) Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
(q) Indulges in any activity resulting in any liability onUs or causes Us to loose (in whole or in part) the services of Our internet service provider ("ISPs") or other service provider or other supplier.
(ii) You shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the law.
(iii) You will not download (other than for page caching) or modify any portion of the Website except with prior consent of the Company;
(iv) You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content (as defined below in para 6.1), or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
(v) You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
(vi) You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You will not reverse look-up, trace or seek to trace any information on any other User or visitor to the Website, or any other customer, to its source.Also you shall not exploit the Website or any service or information made available or offered by or through the Website, for the purpose oftracing/ seeking any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
(vii) You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us, or otherwise engage in any conduct or action that might tarnish the image or reputation, of the Company or sellers on platform or otherwise tarnish or dilute any of the Company's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or the Company's systems or networks, or any systems or networks connected to the Company.
(viii) You shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
(ix) You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You will not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
(x) You will not use the Website or any content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company and / or others.
(xi) You shall not engage in any transaction in an item or service, which is prohibited under the law.
Also we reserve the right to disclose your identity, information mentioned on the Website to any Govt. agency if required under the law.
(xiii) You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to Us. You will not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. We reserve the right to restrict the number of messages or emails which a User may send to other Users in any 24-hour's period.
(xiv) Users liable for content posted by them : We reserve the right, but have no obligation, to monitor the materials posted on the Website. We also reserve the right to remove or edit any content that in our sole discretion violates,or is alleged to violate, the provisions of any law or the Terms and Conditions of these Terms and Conditions. Notwithstanding this right, you remain solely responsible for the content of the materials you post on the website and in your private messages. In no event shall the Company assume any responsibility orbe liable for any Content posted by you on the Website.
(xv) Unauthorized use by other Users : We do not undertake any responsibility for the unauthorized use by others of your personal information that You publicly disclose or share with others on the Website.
5. SOFTWARE MOBILE APPLICATION
The use of the Website in the form of any mobile application, software etc. ("Software") shall be subject to the following additional conditions:
(a) You shall not use, copy, reproduce, display, deploy, perform, distribute, transmit, make available, create derivative works of the Software. You shall not and shall not permit or procure any third party to reverse engineer, disassemble or decompile any Software.
(b) You shall not incorporate any part of the Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part.
(c) You will comply with any additional terms as are embedded within the Software.
(d) The Company may time to time provide updates or upgrades to the Software, which you may need to install.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 The Website and the processes, and their selection and arrangement, including butnot limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, "the Content") on the Website are owned and controlled by the Company or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, or other intellectual property rights. Through Your use of the Website, by no means are any rights impliedly or expressly granted to You in respect of such Content. The Company reserves the right to change or modify the Content from time to time at its sole discretion.
6.2 The trademark, logos and service marks displayed on the Website ("Marks") are the property of the Company or their Vendors/Sellers or respective third parties. You are not permitted to use the Marks without the prior consent of the Company, the Vendor/Seller or the third party that may own the Marks.
6.3 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, the Company owns all intellectual property rights to and into the trademark "ONEFRIDAY", and the domain name "ONEFRIDAYWORLD"and the Website www.onefridayworld.com.
6.4 Except as expressly provided herein, You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from the Company or third party owner of such Content.
7. THIRD PARTY CONTENT
7.1 This Website provides hosting services to third partyRegistered Users and persons browsing or visiting the Website. The items advertised/listed and the contents therein may beadvertised and listed by Registered User(s) which may be third party user generated contents. The Company does not undertakeany liability towards such third party user generated contents displayed on the Website.
7.2 General third party information such as, product catalogues, product description and specification, lists of dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources are made available on the Website ("Third Party Content"). All Third Party Content is provided on an 'As Is' basis. The Company does not own/ have the rights and title to any such Third Party Content, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. The Company shall not be held liable for any loss thatmay be suffered by you based on Your reliance on or use of such Third Party Content.
8. REVIEWS, COMMENTS ETC. OF USERS
8.2 You hereby agree to grant the Company a non-exclusive, royalty free, irrevocable, perpetual right to use, reproduce, modify, adapt, publish, translate, create derivative works therefrom, distribute or display any Posts made by you on the Website. Further, you hereby agree to permit the Company to use the name that you use to submit your Posts in connection with such Posts at the discretion of the Company.
8.3 You hereby represent and warrant that you own or otherwise control all intellectual property rights which may be applicable in respect of any transactions You may have entered into or have attempted to enter on or through the Website.
9. DISCLAIMER OF WARRANTIES AND LIABILITY
9.1 All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this Website are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, the Company does not warrant that:
(a) This Website will be constantly available, or available at all times; or
(b) The information on this Website is complete, true, accurate or non-misleading.
9.2 The Company does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent by Us are free of viruses or other harmful components, and does not undertake any liability in this regard.
9.3 Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if the Seller is unable to deliver such Products to you due to implications of different state laws, Seller will refund or will give credit to you for the amount (if any) it received in advance against the sale order of such Product that could not be delivered to You.
9.4 You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates.
You shall expressly release the Company and its directors, officers, employees, agents, affiliates etc. from any costs, damages, liabilities or any other consequencesthat may follow out of the actions / inactions on part of the Sellers and specifically waive any claims or demands that Youmay have on this behalf under any statute, contract or otherwise.
11. LIMITATION OF LIABILITY
In no event shall the company be liable for any special, incidental, indirect or consequential damages of any kind in connection with these Terms and Conditions.
12. PROFANITY POLICY
12.1 The Company prohibits the use of language that is racist, hateful, sexual or obscene in nature.
12.2 If a feedback, comment or any communication made between Users on the Website; or email communication between the Users in relation to any transactions conducted on the Website contains any profanity, the Company has a right to immediately or at any point of time remove such contents or communications from the website
12.3 Violations of this policy may result in a range of actions, including:
(a) Limits placed on account privileges;
(b) Loss of special status;
(c) Account suspension;
(d) Account termination;
13. TERMINATION FOR VIOLATIONS
In case of any non-compliance or violation of these Terms and Conditions, the Company has the right to immediately terminate the access or usage rights of the Users to the Website and remove any orall non-compliant information from the Website.
14. PRODUCT DESCRIPTION
The Company does not warrant that Product description or other contents of this Website are accurate, complete, reliable, current, or error-free and undertakes no liability in this regard. Further, the Company may limit, restrict or suspend the access of any User to the Website for carrying out any repairs, maintenance,upgradation or for introduction of any other facilities or services at any point of time without prior notice.
15. FORCE MAJEURE
We will not be held responsible for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond our reasonable control.
16. GOVERNING LAW AND JURISDICTION
16.1 These Terms and Conditions and all transactions entered into on or through the Website and the relationship between You and the Company shall be governed in accordance with the laws of India.
17. GRIEVANCE OFFICER
In compliance with Information Technology Act, 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Name: Ms. Naina Gupta
18. DISPUTES BETWEEN BUYER AND SELLER
In case of a dispute where the Seller is unable to provide a refund or a replacement, the Company will proactively aid the parties towards reaching a resolution.
The Buyer can write to the Company at ___________if any issue with the Seller is not resolved to the satisfaction of the Buyer. The Company's Customer Support team will look into the case and facilitate reaching a resolution.
20. FEEDBACK AND INFORMATION
20.1 Feedback: Any feedback You provide to this Website shall be deemed to be non-confidential. The Company shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of any third parties; (ii) the Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Company may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances.
20.2 Rights of the Company on feedback received from Users: The Company may at its sole discretion, make any modifications or changes to the Website, Content and /or Services on the basis of such feedback. Further, in the event that the Company makes any changes or modifications to the Website, Content and /or Services on the basis of any such feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Website, Content and / or Services. You expressly waive any and all rights in such changes or modifications to the Website, Content and / or Services, and assign to the Company, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Website, content and /or Services, in perpetuity.
21.1 Severability:If any provision of these Terms and Conditions is invalid, unenforceable or prohibited by law, then,these Terms and Conditions shall be considered divisible as to such provisionand such provision shall be inoperative, and the remainder of these Terms and Conditions shall be valid, binding and of like effect as though such invalid or such unenforceable provision was not included herein. The Companymaysubstitute for the invalid or unenforceable provision a valid and legally enforceable provision, which achieves to the greatest extent possible the economic, legal and commercial objectives of the provision, which is so rendered invalid or unenforceable.
21.2 Waiver: No "failure or delay" by a party in exercising any right, power or remedy shall operate as a waiver thereof, nor shall any single or partial exercise of any right preclude any further exercise thereof or the exercise of any other right, power or remedy.
21.3 Principal to principal relationship: You and the Company are independent parties, and nothing contained herein shall constitute or be deemed to constitute an agency or partnership or joint venture between the parties.