Obeetee Retail Private Limited (Obeetee)’s website, www.obeetee.in (Website) is offered for use to you on the express condition of acceptance of these terms and conditions, as amended and modified from time to time. These terms and conditions shall be deemed to constitute a legally binding contract between Obeetee and you. If these terms and conditions are not acceptable to you, you are requested to exit the Website.
Please review our [Privacy Notice], which also governs your visit to Obeetee.in, to understand our practices. The personal information / data provided to us by you during the course of usage of Obeetee.in will be treated as strictly confidential and used in accordance with the Privacy Notice and applicable laws and regulations. If you object to your information being transferred or used, please do not use the Website.
You agree, understand and acknowledge that the Website is an online platform that enables you to purchase products listed on the Website at the price indicated therein at any time from any location. We will use reasonable endeavours to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction. Further, given the global nature of internet, you agree to comply with all local rules from where you are accessing the Website regarding online conduct and acceptable content.
Our endeavor is to produce and display our products as perfectly as possible. Depiction of products and what you will observe on the Website is dependent on the device you are using to access the Website. Features such as colors, shades, textures, sizes and appearances of the products may vary from device to device. You may request photographs of products, other than the ones displayed on our Website, through email at email@example.com.
You represent that, unless otherwise specifically permitted by Obeetee, the Website and all the products and services offered by Obeetee are meant for personal and non-commercial use only, and cannot be redistributed by them to any person not authorized to receive the same. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any product being sold on the Website. You also agree not to divulge any confidential information including but not limited to special pricing, discounts and credit terms to any third party.
You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not Obeetee, are responsible for all electronic communications and content sent from your computer to Obeetee (either on the Website or otherwise) and you must use the Website for lawful purposes only. You must not use the Website for any of the following:
- for fraudulent purposes, or in connection with a criminal offense or other unlawful activity,
- to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, insulting or harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic, or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, patent, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, defence, security or sovereignty of India or 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 other nation; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam; or is patently false and untrue, or
- to cause annoyance, inconvenience or needless anxiety
You may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In the event you sue a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content, Obeetee reserves the right to remove, refuse, delete or edit any content that in the sole judgement of Obeetee violates these terms and conditions and, or terminate your permission to access or use this Website. Further, Obeetee reserves the ultimate right to (but not obliged to) screen your reviews, comments or other content that you post on the Website before the same gets published on the Website.
If you do post content or submit material, and unless we indicate otherwise, you grant Obeetee and its affiliates:
(a) a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
(b) and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Obeetee, including the execution of deeds and documents, at its request.
You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the Website; that, as at the date that the content or material is submitted to Obeetee.in: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Obeetee.in policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify Obeetee and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
The Website may contain hyperlinks to websites operated by parties other than Obeetee. Such hyperlinks are provided for your reference only. Obeetee does not control such third-party websites and is not responsible for their content(s). Obeetee’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. Further, Obeetee particularly disclaims any responsibility(ies), if such third-party websites:
- infringe any third party’s intellectual property rights,
- provide any information which is inaccurate, incomplete or misleading,
- are not merchantable or fit for a particular purpose,
- do not undertake adequate security measures,
- contain viruses or other items of destructive nature, or
- provide any libelous or defamatory contents or information.
You acknowledge and undertake that you are accessing the services on the Website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Website. Use of the Website is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use Obeetee.in only with the involvement of a parent or guardian who can form a legally binding contract.
We 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 on the Website. 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 and as available, without warranty of any kind. We make no warranty that:
- The service will meet your requirements.
- The service will be uninterrupted, timely, secure, or error-free.
- The results that may be obtained from the use of the service will be accurate or reliable.
- The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
- Any errors in the software will be corrected.
You shall indemnify and hold harmless Obeetee Retail Private Limited, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these terms and conditions or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release Obeetee Retail Private Limited and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of any vendors or fulfilment partners and specifically waive any claims or demands that you may have in this regard under any statute, contract or otherwise.
You expressly understand and agree that, to the fullest extent permitted by applicable law, Obeetee shall not be liable to you (other than as mentioned to the contrary in the Refund Policy and/or the Return Policy) for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Obeetee has been advised of the possibility of such damages), resulting from but not limited to:
- The use or the inability to use the Website.
- Quality of products delivered.
- The cost of procurement of substitute products resulting from any allegedly defective product purchased from the Website.
- Statements or conduct of any third party or fulfilment partners.
- Any other matter relating to the services provided through the Website.
All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Obeetee, its affiliates or its content suppliers and is protected by Indian and international copyright, authors' rights and database right laws. The compilation of all content on this Website is the exclusive property of Obeetee and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this Website is the property of Obeetee, its affiliates or its software suppliers and is protected by Indian and international copyright and author' rights laws.
You may not systematically extract/ or re-utilise parts of the contents of the Website without Obeetee and / or its affiliate's (as may be applicable) express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Website, without Obeetee and / or its affiliate's (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial parts of this Website (eg: prices and product listings) without Obeetee and / or its affiliate's (as may be applicable) express written consent.
These terms and conditions are governed by the laws of India. You hereby consent to the exclusive jurisdiction and venue of courts in New Delhi in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.