TERMS OF USE

 

INTRODUCTION

The Platform is owned by TLML Mediatech Private Limited, a company incorporated under the Companies Act, 2013 and having its registered office at Hustlehub 1901, 175, BBMP Property No. 591/175, in the layout formed by BDA, Bangalore, 19th Main, Sector 4, HSR Layout, Bangalore – 560102 India. This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3 ) 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 TLML Mediatech Private Limited platform website- https://omnee.in/ (hereinafter referred to as “Omnee“)

Your use of the Omnee and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Omnee including the applicable policies which are incorporated herein by way of reference. By mere use of the Omnee, You shall be contracting with TLML Mediatech Private Limited, the owner of the Platform. These terms and conditions including the policies constitute Your binding obligations, with Omnee.

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 Platform by providing data while registering on the Platform as Registered User. The terms “Omnee”,”We”,”Us”,”Our” shall mean TLML Mediatech Private Limited and its affiliates.

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. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Platform 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 Platform. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Omnee Policies including but not limited to Privacy Policy as amended from time to time.

  1. USER ACCOUNT, PASSWORD, AND SECURITY:If You use the Platform, 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, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform.You agree to
    • immediately notify Omnee of any unauthorized use / breach of your password or account and
    • ensure that you exit from your account at the end of each session.
  2. SERVICES:Omnee provides a number of Internet-based services through the Platform. One such Service enables Users to Including, but not limited to purchase of products such as Beauty and Personal Care, Home Décor (collectively, “Products”). The Products can be purchased through the Platform through various methods of payments offered.Omnee does not warrant that Product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
  3. PLATFORM FOR TRANSACTION AND COMMUNICATION:The Users utilize to meet and interact with one another for their transactions on the Platform. Omnee is not and cannot be a party to or control in any manner any transaction between the Omnee’s Users.
    • Omnee 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 Platform.
    • Omnee is not responsible for any non-performance or breach of any contract entered into between the Users of the Platform. Omnee cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Platform.
    • At no time shall Omnee hold any right, title or interest over the products nor shall Omnee have any obligations or liabilities in respect of such contract entered into between the Users.
    • At no time shall Omnee hold any any right, title or interest over the products nor shall Omnee have any obligations or liabilities in respect of such contract. Omnee 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.
    • Pricing on any product(s) as is reflected on the Platform 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).
    • You release and indemnify Omnee 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 Omnee and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Omnee cannot take responsibility or control the information provided by other Users which is made available on the Platform.
  4. USER CONDUCT AND RULES ON THE PLATFORM:You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles:
    • You shall not host, display, upload, modify, publish, transmit, update or share any information which:
      • belongs to another person and to which You do not have any right to
      • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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
      • is misleading in any way
      • involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”
      • promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
      • infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity
      • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page)
      • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses
      • tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users
      • interferes with another USER’s use and enjoyment of the Platform or any other individual’s User and enjoyment of similar services
      • infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products
      • violates any law for the time being in force
      • threatens the unity, integrity, defense, 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
      • shall not be false, inaccurate or misleading
    • Omnee may cancel any order under certain criteria at any stage of the product delivery. An order can be cancelled, if it meets with the below mentioned criteria, and any additional criteria as defined by Omnee:
      • Invalid address given in order details
      • Any malpractice used to place the order
      • Any order paced using a technological glitch/loophole.
    • You shall not use the Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company and interrupt or causes to interrupt, damages the use by other Users of Omnee.
    • You shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads Omnee by sharing multiple address and phone numbers or transacting with malafide intentions.
    • You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
    • You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity
    • You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
    • From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects.
    • Omnee hereby disclaims any guarantees of exactness as to the finish, appearance, size, color etc., of the final Product as ordered by the User.
    • Omnee may unilaterally terminate Your account on any event.
  5. CONTENTS ON PLATFORM:All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”), is a third party user generated content and Omnee has no control over such third party user generated content as Omnee is merely an intermediary for the purposes of this Terms of Use. Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide.
  6. DISCLAIMER OF WARRANTIES AND LIABILITY:All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through Platform 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, Omnee does not warrant that: Platform will be constantly available, or available at all or The information on Platform is complete, true, accurate or non-misleading.All the Products sold on Platform 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 Platform. 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.
  7. SELLING:As a registered seller, you are allowed to list item(s) for sale on the Platform 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 the Platform. 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.
  8. INDEMNITY:You shall indemnify and hold harmless Omnee, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
  9. LIMITATION OF LIABILITY:In no event shall Omnee be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
    • the use or the inability to use the Services or Products
    • unauthorized access to or alteration of the user’s transmissions or data
    • breach of condition, representations or warranties by the manufacturer of the Products
    • any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or Service. Omnee shall not be held responsible for non-availability of the Omnee during periodic maintenance operations or any unplanned suspension of access to the Omnee. The User understands and agrees that any material and/or data downloaded at Omnee is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, Omnee’s liability shall be limited to an amount equal to the Products purchased value bought by You. Omnee shall not be liable for any dispute or disagreement between Users
  10. TERMINATION:Omnee may suspend or terminate your use of the Omnee or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until Omnee chooses to terminate them.
    • If You or Omnee terminates your use of the Platform or any Service, Omnee may delete any content or other materials relating to your use of the Service and Omnee will have no liability to you or any third party for doing so. However, your transactions details may be preserved by Omnee for purposes of tax or regulatory compliance.
    • If You use any false e-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company or mislead Omnee by sharing multiple address and phone numbers or transacting with malafide intentions then Omnee reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.
  11. JURISDICTION:Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. Omnee make no representation that materials in the Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access Platform from other locations/Countries other than India do so on their own initiative and Omnee is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
  12. GOVERNING LAW:These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Bangalore. The place of jurisdiction shall be exclusively in Bangalore.
  13. DISCLAIMER:You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through Omnee. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between You and the sellers or manufacturers of the products. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on Platform. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. At no time shall any right, title or interest in the products sold through or displayed on Platform vest with Omnee nor shall Omnee have any obligations or liabilities in respect of any transactions on Platform.

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