Terms & Conditions

ohmyoffers

These Terms of Service (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Oh My Offers (the "Company," "we," "us," and "our,") website at www.ohmyoffers.com (the “Site”) and any related mobile or software applications including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms.

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 electronic record is generated by a computer system and does not require any physical or digital signatures.

Oh My Offers is publishing this document 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.ohmyoffers.com website and related mobile applications.
The domain name www.ohmyoffers.com (hereinafter referred to as "Website ") is owned by Saasvaap Techies Pvt. Ltd. A software company incorporated under the Companies Act, 1956 with its registered office at Sasthas Tower, TC 9/1094(1), Sasthamangalam, Trivandrum, India.
By browsing, accessing or using Oh My Offer website/mobile application or by using any facilities or services made available through or on it, you are agreeing to the Terms of Use that appear below. This terms of use is made between you and us. We reserve the right to change these terms and conditions at any time. You may not use the Services if you do not accept to the Terms or unable to be bound by the Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.

Definitions

User
"User" or "You" or “Buyer (corresponding to the concerned vendor)” "Your" refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of accessing, viewing , sharing, displaying, hosting, publishing, transacting, or uploading information or views or pictures and includes other persons jointly participating in using the services including and without limited to a user having access to ‘store business page’ to manage claimed business listings or otherwise.
Vendors

“Merchants” or “sellers (corresponding to the concerned Buyer)” or “stores” refers to the stores which display their offers, discounts or any information on the website.

Content
"Content" will include (but is not limited to) images, photos, audio, video, location data, nearby places, and all other forms of information or data. "Your content" or "User Content" means content that you provide , upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or displayed in your account profile. "Oh My Offers content" means content that Oh My Offers creates and make available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and third party content. "Third Party Content " means content that comes from parties other than Oh My Offers or its users and is available on the Service.

Eligibility to use the Services

You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.

Compliance with Laws. You are responsible for complying with all laws and regulations in India when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies) and user’s code of conduct.

Changes to the terms

Oh My Offer may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of Site after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.

Platform for transaction and communication

The Website is a platform that Users utilize to discover stores and offers.Oh My Offers is not and cannot be a party to or control in any manner any transaction between the Users and vendors.

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. Oh My Offers services 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. Oh My Offers does not implicitly or explicitly support or endorse the sale o of any products or services on the Website. Oh My Offers accepts no liability for any errors or omissions, whether on behalf of itself or third parties

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

4. Oh My Offer 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.

5. Oh My Offers 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 backordered.
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). Membership on the Website is free for buyers. Oh My Offers does not charge any fee for browsing.. 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 Oh My Offers Internet Private Limited. Oh My Offers reserves the right to change its Fee Policy from time to time. In particular, Oh My Offers reserves the right to introduce new services and modify some or all of the existing services offered on the Website. In such an event Oh My Offers may introduce fees for the new services offered introduce fees for existing services. If there is any changes to the Fee Policy then such changes shall immediately posted on the Website. All information services and software displayed on, transmitted through, or used in connection with the Web site, including for example reviews, directories, guides, text, trademarks, logos as well as its selection and arrangement, is owned by us, and its affiliated companies, licensors and suppliers. You may use the Content online only, and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. The right to use this Website is personal to the User. The User shall be responsible for protecting the confidentiality of User’s password, if any. The user should understand that the internet is a secure environment but sometimes there are interruptions in its service that are beyond Oh My Offer’s control and Oh My Offers will not be responsible for any data loss.

Oh My Offers understands that it's our objective to make the website accessible at all times, but at some times the Website may be unavailable for any reason including routine maintenance. Oh My Offers reserves the right, to terminate the access to website and the related services or any portion thereof at any time, without notice. Oh My Offers shall also have the right at any time to change or discontinue any aspect or feature of the Website, including, but content, graphics, offers, settings, hours of availability and equipment needed for access or use.

Oh My Offers has the right to send you administrative and Oh My Offers optional emails. We may also send you information regarding your account activity as well as updates about the Website and Services.

Oh My Offers shall not be responsible for the quality of services, products and offers provided by the shop owners. Oh My Offers does not make any representation or Warranty to the products or services.

Oh My Offers is only a platform that can be utilized by users to reach the offers available in different cities and shops.
Contents by third party:

Oh My Offers has no control over the content including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, and music uploaded by third party(shop owner).The content on the web site is general in nature and summarized, and is provided for informational purposes only. The content of the Web site and mobile application, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only. We do not assure any liability for the contents of any material provided on the Site.
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 there under. Our current Privacy Policy is available at www.-------------. If you object to Your Information being transferred or used in this way please do not use 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 forgoing paragraph, Oh My Offers 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.

Oh My Offers 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. Oh My Offers 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.



Indemnity

You shall indemnify and hold harmless Oh My Offer, 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.

Use of the Website

You agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles:

(a) belongs to another person and to which You does not have any right to;

(b) 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; 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 misleading in any way;

(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

(e) Harasses or advocates harassment of another person;

(f) Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";

(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

(h) 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];

(i) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), 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;

(j) Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

(k) Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

(l) Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

(m) contains video, photographs, or images of another person (with a minor or an adult).

(n) 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;

(o) Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website. Throughout this Terms of Use, Oh My Offers’ prior written consent means a communication coming from Oh My Offers’ Legal Department, specifically in response to your request, and specifically addressing the activity or conduct for which You seek authorization;

(p) Solicits gambling or engages in any gambling activity which we, in Our sole discretion, believes is or could be construed as being illegal;

(q) Interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;

(r) Refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

(s) Harm minors in any way;

(t) 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;

(u) violates any law for the time being in force;

(v) Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (w) impersonate another person;

(x) 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 any trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

(y) 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.

(z) Shall not be false, inaccurate or misleading;

(aa) 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 provisions of any applicable law, rule, regulation or guideline for the time being in force.

(ab) 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;



Applicable law

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Thiruvananthapuram.

Trademark, Copyright and Restriction
This site is controlled and operated by Oh My Offers and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website 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 website 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.
Trademark complaint

Oh My Offers respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to Oh My Offers at admin@ohmyoffers.com

Limitation of liability

IN NO EVENT SHALL IMMERSION ONLINE SERVICES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Grievance Officer

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
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