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.