- 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 O2O Ecosystem of any unauthorized use / breach of your password or account and ensure that you exit from your account at the end of each session.
- Services Offered:
O2O Ecosystem 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.
- The General terms and conditions are applicable to the entity procuring the Gift Vouchers) through O2O Ecosystem.
- All Gift Vouchers/ Products shall be valid for a period as per the terms decided and set out by the respective brand owners;
- The Gift Vouchers can be redeemable on the websites and locations set out in the respective Gift Voucher terms and conditions;
- The Brand guidelines and other terms and conditions of the Gift Voucher if any, of the Gift Voucher issuing entity, that shall be adhered to. The Company shall ensure that the beneficiary of the Gift Voucher shall be made aware of the respective Gift Voucher terms and conditions at the time of distribution of a Gift Voucher/ Products to any beneficiary;
- The Customer is aware, understands and acknowledges that the Gift Vouchers cannot be exchanged for its value in cash, either in full or in part. The Company further acknowledges that the value stored/loaded in a Gift Voucher cannot be refunded or cannot be transferred in any manner whatsoever;
- Under no circumstances whatsoever, is the return of Gift Vouchers permitted under this Agreement once the same have been generated and delivered to the Company;
- O2O Ecosystem will issue on request or case to case basis “Bill of Supply” or “Invoice” for sale of Gift Vouchers as Gift Vouchers are not subject to GST as per current tax law. O2O Ecosystem will raise the Tax invoice in case of Taxable services/products billed along with the supply of the Gift Vouchers; In the event the Gift Voucher procured is a Semi Closed Loop Gift Voucher, the Company is required to maintain the beneficiary details of all customers who procure such Semi Closed Loop Gift Vouchers and all beneficiaries who receive and/or redeem the Semi Closed Loop Gift Vouchers for a minimum period of 5 years (first name and last name of the beneficiary, email id and phone number). This information is to be maintained as mandated under the provisions of the Prevention of Money Laundering Act, 2002, the rules notified thereunder and the Reserve Bank of India (RBI) guidelines on Anti Money Laundering and in view of the Policy Guidelines for issuance and operation of Prepaid Payment Instruments in India issued by RBI and other ancillary applicable law. The Company also undertakes to share such beneficiary details whenever requested by O2O Ecosystem/Reserve Bank of India/or any other regulatory authority; and
- The customer shall indemnify, defend and hold harmless O2O Ecosystem from and against any and all third party liability, losses, costs and expenses (including reasonable attorneys fees) relating to or arising out of the breach of these terms and conditions, the negligence or willful misconduct by the O2O ecosystem , or its employees or agents.
- Platform for Transaction and Communication:
The Users utilize to meet and interact with one another for their transactions on the Platform. O2O Ecosystem is not and cannot be a party to or control in any manner any transaction between the O2O Ecosystem's Users. Henceforward:
- O2O Ecosystem does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services purchased using Gift Voucher from the Platform.
- Pricing of any Gift Voucher as is reflected on the Platform may due to some technical issue, typographical error or product information published may be incorrectly reflected and in such an event we may cancel such order(s).
- You release and indemnify O2O Ecosystem 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 O2O Ecosystem and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, O2O Ecosystem cannot take responsibility or control the information provided by other Users which is made available on the Platform
- 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, 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 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 libellous,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 contains video, photographs, or images of another person (with a minor or an adult).
- 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, 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 shall not be false, inaccurate or misleading shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers
- A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:
- Users doesn't reply to the payment verification mail sent by O2O Ecosystem
- Users fails to produce adequate documents during the payment details verification
- Misuse of another Users's phone/email
- Users uses invalid address, email and phone no.
- Overuse of a voucher code
- Use of a special voucher not tagged to the email ID used.
- Users returns the wrong product
- Users refuses to pay for an order
- Users involved in the snatch and run of any order
- Miscellaneous activities conducted with the sole intention to cause loss to business/revenue to O2O Ecosystem
- User with a very high return rate
- Repeated request for monetary compensation for fake/used order
- O2O Ecosystem may cancel any order that classify as 'Bulk Orders'/'Fraud orders' under certain criteria at any stage of the product delivery. An order can be classified as 'Bulk Order'/'Fraud Order' if it meets with the below mentioned criteria, and any additional criteria as defined by O2O Ecosystem:
- Products ordered are not for self-consumption but for commercial resale
- Multiple orders placed for same product at the same address, depending on the product category.
- Bulk quantity of the same product ordered
- 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 O2O Ecosystem.
- You shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads O2O Ecosystem by sharing multiple address and phone numbers or transacting with malafide intentions.
- We on certain landing page even allow our Users to experience free exchange of ideas and observations regarding interest in the field of fashion, including ‘viewing user generated content’ and/or ‘videos’ and ‘posting comments’. By accessing, viewing and/or posting any user generated content to any specific dedicated page on the Platform, you accept and consent to the practices described in these ‘Terms of Service’ and ‘Privacy Policies’, as well as any other terms of prescribed by the O2O Ecosystem on the Platform. You agree and undertake that when accessing, viewing and/or posting any user generated content on these pages You will not imitate, abuse, harass, any Customer/User or violate and exploit, any of these ‘Terms of Service’ of the Platform.
- 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 Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
- 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 (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. 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. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
- You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us.
- The Content posted does not necessarily reflect O2O Ecosystem views. In no event shall O2O Ecosystem assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
O2O Ecosystem hereby disclaims any guarantees of exactness as to the finish, appearance, size, color etc., of the final Product as ordered by the User. O2O Ecosystem Return & Exchange Policy offers you the option to return or exchange items purchased on O2O Ecosystem within the return/exchange period (Please read the Product Detail Page to see the number of days upto which a product can be returned/exchanged, post-delivery). In case of return of the purchased item, please refer to the "Return Policy" on our O2O Ecosystem.
- Contents Posted on Platform:
You may use information on the products and services purposely made available on the Platform for downloading, provided that You
- do not remove any proprietary notice language in all copies of such documents,
- use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
- make no modifications to any such information, and
- do not make any additional representations or warranties relating to such document
- 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, O2O Ecosystem 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
- E-Platform for Communication:
You agree, understand and acknowledge that O2O Ecosystem is an online platform that enables you to purchase of Gift Voucher listed on the Platform at the price indicated therein at any time. You further agree and acknowledge that O2O Ecosystem is only a facilitator and is not and cannot be a party to or control in any manner any transactions on O2O Ecosystem.
- Trademark, Copyright and Restriction:
Platform is controlled and operated by O2O Ecosystem and Gift Voucher are sold by respective Sellers. All material on Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on O2O Ecosystem is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other O2O Ecosystem or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of Our various Service. However, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable business purpose.
- Limitation of Liability:
In no event shall O2O Ecosystem 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 Gift Voucher
- unauthorized access to or alteration of the user's transmissions or data
- breach of condition, representations or warranties by the manufacturer of the Gift Voucher
- 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. O2O Ecosystem shall not be held responsible for non-availability of the O2O Ecosystem during periodic maintenance operations or any unplanned suspension of access to the O2O Ecosystem. The User understands and agrees that any material and/or data downloaded at O2O Ecosystem 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, O2O Ecosystem’s liability shall be limited to an amount equal to the Gift Voucher purchased value bought by You. O2O Ecosystem shall not be liable for any dispute or disagreement between Users
O2O Ecosystem may suspend or terminate your use of the O2O Ecosystem 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 O2O Ecosystem chooses to terminate them.
- If You or O2O Ecosystem terminates your use of the Platform or any Service, O2O Ecosystem may delete any content or other materials relating to your use of the Service and O2O Ecosystem will have no liability to you or any third party for doing so. However, your transactions details may be preserved by O2O Ecosystem 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 O2O Ecosystem by sharing multiple address and phone numbers or transacting with malafide intentions then O2O Ecosystem reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.
- Jurisdictional Issues/Sale in India Only:
Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. O2O Ecosystem 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 O2O Ecosystem is not responsible for supply of Gift Voucher /refund for the Gift Voucher ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
- 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 New Delhi.
- Contacting the Seller:
At O2O Ecosystem, we are committed towards ensuring that disputes between Sellers and Buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that You wish to contact O2O Ecosystem about the seller, You may proceed to do so by clicking on the seller name on the product listing pages.
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 Gift Voucher 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 Gift Voucher ), software, Gift Voucher , services and related graphics are provided as is, without warranty of any kind. At no time shall any right, title or interest in the Gift Voucher sold through or displayed on Platform vest with O2O Ecosystem nor shall O2O Ecosystem have any obligations or liabilities in respect of any transactions on Platform.
Delivery Related - User agrees and acknowledges that any claims regarding order delivery (including non-receipt/ non- delivery of order or signature verification) shall be notified to O2O Ecosystem within 5 days from the alleged date of delivery of product reflecting on the O2O Ecosystem portal. Non notification by You of non-receipt or non-delivery within the time period specified shall be construed as a deemed delivery in respect of that transaction. O2O Ecosystem disclaims any liability or responsibility for claims regarding non-delivery, non-receipt of order (including signature verification in Proof of delivery) after 5 days from the alleged date of delivery of product reflecting on the O2O Ecosystem portal.