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Use of Website

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This an electronic record is generated by a computer system and does not require any physical or digital signatures.

 

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.oasiscloths.com website.

 

The domain name OasisCloths.com.com (hereinafter referred to as "Website") is owned by The Famous a company incorporated under the Companies Act, 1956 with its registered office at Station Road Near Modern Market, Pilibhit, Uttar Pradesh, India 262001. (hereinafter referred to as "OasisCloths.com").

 

Your use of the Website and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with The Famous and these terms and conditions including the policies constitute Your binding obligations, with OASISCLOTHS.COM.

 

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using computer systems. OASISCLOTHS.COM allows the User to surf the Website or making purchases without registering on the Website. The term "We", "Us", "Our" shall mean OasisCloths.com or The Famous.

 

When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates/changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

 

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.

 

By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by OASISCLOTHS.COM Policies (including but not limited to Privacy Policy available on http://www.OASISCLOTHS.COM.com/s/privacypolicy) as amended from time to time.

 

Membership Eligibility

 

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the OASISCLOTHS.COM website and shall not transact on or use the website. As a minor, if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. OASISCLOTHS.COM reserves the right to terminate your membership and/or refuse to provide you with access to the Website if it is brought to OASISCLOTHS.COM's notice or if it is discovered that you are under the age of 18 years.

 

Business entity registration: If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept these Terms of Use and you have the authority to bind that business entity to these Terms of Use.

 

Guest User: If you are transacting as a Guest User, you shall not be allowed to list/ sell product or services on Website and there could be certain additional restrictions on you as a Guest User for your purchase and the other the functionality of the Website available to you.

 

 

 

Your Account and Registration Obligations

 

If You use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.

 

 

 

Communications

 

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

 

 

 

Platform for Transaction and Communication

 

The Website is a platform that Users utilize to meet and interact with one another for their transactions. OASISCLOTHS.COM is not and cannot be a party to or control in any manner any transaction between the Website's Users.

 

 

 

Henceforward:

 

1. 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. OASISCLOTHS.COM 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.

 

2. OASISCLOTHS.COM 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. OASISCLOTHS.COM does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. OASISCLOTHS.COM accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

 

3. OASISCLOTHS.COM is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. OASISCLOTHS.COM cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. OASISCLOTHS.COM shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.

 

4. OASISCLOTHS.COM 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.

 

5. OASISCLOTHS.COM 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.

 

6. At no time shall OASISCLOTHS.COM hold any right, title or interest over the products nor shall OASISCLOTHS.COM have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. OASISCLOTHS.COM 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.

 

7. The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. OASISCLOTHS.COM 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 OASISCLOTHS.COM hold any right, title or interest over the products nor shall OASISCLOTHS.COM have any obligations or liabilities in respect of such contract.

 

OASISCLOTHS.COM is not responsible for the unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

 

8. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.

 

Disclaimer: Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).

 

9. You release and indemnify OASISCLOTHS.COM and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, OASISCLOTHS.COM cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practise safe trading when using the Website.

 

 

 

Please note that there could be risks in dealing with underage persons or people acting under false pretence.

 

 

 

 Charges

 

Membership on the Website is free for buyers. OASISCLOTHS.COM does not charge any fee for browsing and buying on the Website. OASISCLOTHS.COM reserves the right to change its Fee Policy from time to time. In particular, OASISCLOTHS.COM may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event OASISCLOTHS.COM reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to The Famous.

 

 

 

Privacy

 

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules thereunder. Our current Privacy Policy is available at https://oasiscloths.com/privacy. If You object to Your Information being transferred or used in this way please do not use Website.

 

We and our affiliates will share / sell / transfer / license / covey some or all of your personal information with another business entity should we (or our assets) plan to merge with or are acquired by that business entity, or re-organization, amalgamation, restructuring of business or for any other reason whatsoever. Should such a transaction or situation occur, the other business entity or the new combined entity will be required to follow the privacy policy with respect to your personal information. Once you provide your information to us, you provide such information to us and our affiliate and we and our affiliate may use such information to provide you with various services with respect to your transaction whether such transaction are conducted on www.OASISCLOTHS.COM.com or with third party merchant's or third party merchant's website.

 

 

 

Disclaimer of Warranties and Liability

 

This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site 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 foregoing paragraph, OASISCLOTHS.COM 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.

 

OASISCLOTHS.COM will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. OASISCLOTHS.COM 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 from Us are free of viruses or other harmful components.

 

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 Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by seller from the sale of such Product that could not be delivered to You.

 

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. We will not use your personal information to initiate any promotional phone calls or SMS.

 

 

 

Selling

 

As a registered seller, you are allowed to list item(s) for sale on the Website in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) you list for sale on our Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfilment of sales.

 

The listing description of the item must not be misleading and must describe the actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Website. OASISCLOTHS.COM reserves the right to delete such multiple listings of the same product listed by you in various categories.

 

 

 

Payment

 

 

 

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:

 

 

 

1.       Lack of authorization for any transaction/s, or

 

2.       Exceeding the preset limit mutually agreed by You and between "Bank/s", or

 

3.       Any payment issues arising out of the transaction, or

 

4.       The decline of transaction for any other reason/s

 

 

 

All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees are acceptable in the Republic of India. Website will not facilitate the transaction with respect to any other form of 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 environment to Our Users.

 

 

 

Further:

 

.       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 the Transaction. Use of the payment facility shall not render OASISCLOTHS.COM 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 OASISCLOTHS.COM's Website.

 

2.       You have specifically authorized OASISCLOTHS.COM 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 OASISCLOTHS.COM is on a principal to principal basis and by accepting these Terms of Use you agree that OASISCLOTHS.COM is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on OASISCLOTHS.COM's Website that are paid for by using the Payment Facility. OASISCLOTHS.COM does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a transaction.

 

3.       You understand, accept and agree that the payment facility provided by OASISCLOTHS.COM 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 OASISCLOTHS.COM Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, OASISCLOTHS.COM 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. Any such extension/increase of Dispatch / Delivery time or subsequent novation/variation of the Transaction should be in compliance with Payment Facility Rules and Policies.

 

•         You, as a Buyer, shall electronically notify Payment Facility using the appropriate OASISCLOTHS.COM The 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. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.

 

•         You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time the period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. 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 Payment Facility may not be available in full or in part for a certain category of products and/or services and/or Transactions 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

 

•         Except for Cash On The delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received.

 

•         For Cash On Delivery transactions, refunds, if any, will be made via demand draft in favour of the Buyer (As per registration details provided by the Buyer)

 

•         Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.

 

•         For electronics payments, the refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).

 

•         Refund shall be conditional and shall be with recourse available to OASISCLOTHS.COM in case of any misuse by Buyer.

 

•         Refund shall be subject to Buyer complying with Policies.