This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder and the amended provisions pertaining to electronic documents/records in various statutes as amended by the Information Technology Act, 2000. This electronic record does not require any physical, electronic or digital signatures.
This document is published and shall be construed in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 under Information Technology Act, 2000 that require publishing the rules and regulations, Privacy Policy and Terms of Use for access or usage of the website.
This electronic record is a legally binding document between User and Oud and Perfumes. These Terms of Use will be effective upon your acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will govern the relationship between User and Oud and Perfumes for the use of the website.
Please read these Terms of Use carefully before using or registering on the website or accessing any material, information or services through the website. If you do not agree with these Terms of Use, please do not use the website.
1. GENERAL PROVISIONS
1.1. Oud and Perfumes (hereinafter referred to as “Oud and Perfumes”, “we”, “our” or “us”) is an intermediary in the form of an online marketplace (accessible at https://oudandperfumes.com) and is limited to managing the website to enable seller to exhibit, advertise, display, make available and offer to sell the products and to enable buyer to purchase the products so offered (“Products”), and other incidental Services thereto (“Services”) including use of the website by any user.
1.2. Supplemental terms and conditions or documents that may be posted on the website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the website after the date such revised Terms of Use are posted.
1.3. The information provided on the website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
2.1. Unless otherwise indicated, the website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of India, international copyright laws, and international conventions.
2.2. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
2.3. Provided that you are eligible to use the site, you are granted a limited license to access and use the site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the site, the Content and the Marks.
3. USER REPRESENTATIONS
3.1. By using the site, you represent and warrant that
3.1.1. You have the legal capacity and you agree to comply with these
Terms of Use;
3.1.2. You are not a minor in the jurisdiction in which you reside. If you are a minor, please read through these Terms of Use with your parent or legal guardian, and in such a case these Terms of Use shall be deemed to be a contract between Oud and Perfumes and your legal guardian or parent and to the extent permissible under applicable laws, enforceable against you;
3.1.3. You will not access the site through automated or non-human means, whether through a bot, script or otherwise;
3.1.4. You will not use the site for any illegal or unauthorized purpose; and
3.1.5. Your use of the site will not violate any applicable law or regulation.
3.2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the site (or any portion thereof).
4. PRODUCTS
4.1. We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products.
4.2. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
4.3. Oud and Perfumes is an intermediary in the form of an online marketplace and is limited to managing the website to enable seller to exhibit, advertise, display, make available and offer to sell the products and to enable buyer to purchase the products so offered, individual listings are made by sellers independent to each other.
4.4. Every seller will add their respective products along with its price which will be periodically updated by them. The individual sellers are only responsible for the quality of the products sold on the website.
4.5. Every seller will have its own ‘return and refund’ policy. So make sure to go through the policies for individual listings.
4.6. Although ‘return and refund’ policy is specific to each seller, if it is shown with sufficient proof that the ordered product was never delivered to the customer or if the received product is different from specified product or is a duplicate/product of poor quality, you have the option to return the product within 7 days and get a full refund.
5. PURCHASES AND PAYMENT
5.1. We accept the following forms of payment: Credit cards, Debit cards, UPI, Net Banking, Cash on Delivery (this list is not exhaustive and other payment methods might be added in the future. Some payment methods like cash on delivery might be unavailable at times).
5.2. You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details or net banking or UPI account details for availing Services on the Website.
5.3. You shall not use the credit/debit card or pre-paid payment instrument or net banking details or UPI ID which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/debit card or pre-paid instrument account or net banking account or UPI ID.
5.4. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy.
5.5. You will be solely responsible for the security and confidentiality of your credit/debit card details or pre-paid instrument account or net banking details or UPI ID. Oud and Perfumes expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card or pre-paid instrument account.
5.6. We reserve the right to refuse any order placed through the site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address.
5.7. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
6. PROHIBITED ACTIVITIES
6.1. You may not access or use the site for any purpose other than that for which we make the site available. The site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
6.2. You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that your access on the website in accordance with this terms and conditions.
6.3. You agree not to access (or attempt to access) the website or services by any means other than through the interfaces that are provided by Oud and Perfumes. You shall not use any deep-link, 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 website or content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
6.4. When you use the website and/or the services, you specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or content that:
6.4.1. belongs to another person and to which the User does not have any right to;
6.4.2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, 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 whatsoever;
6.4.3. harms minors in any way;
6.4.4. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
6.4.5. 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 of any other nation;
6.4.6. infringes any patent, trademark, copyright or other proprietary rights;
6.4.7. contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
6.4.7. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
6.4.8. engage in any activity that interferes with or disrupts access to the website or the services (or the servers and networks which are connected to the website);
6.4.9. attempt to gain unauthorized access to any portion or feature of the website, any other systems or networks connected to the website, to any Oud and Perfumes server, or to any of the services offered on or through the website, by hacking, password mining or any other illegitimate means;
6.4.10. probe, scan or test the vulnerability of the website or any network connected to the website, nor breach the security or authentication measures on the website or any network connected to the website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the website, or any other customer of Oud and Perfumes, including any Oud and Perfumes account not owned by you, to its source, or exploit the website or service or information made available or offered by or through the website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than your own information, as provided for by the website;
6.4.11. disrupt or interfere with the security of, or otherwise cause harm to, the website, systems resources, accounts, passwords, servers or networks connected to or accessible through the websites or any affiliated or linked sites;
6.4.12. use the website or content for any purpose that is unlawful or prohibited by the agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of Oud and Perfumes or other third parties;
6.4.13. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
6.4.14. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
6.4.15. violate any applicable laws or regulations for the time being in force within or outside India;
6.4.16. violate the terms of the agreement.
6.5. You agree that you are solely responsible to Oud and Perfumes and to any third party for any breach of your obligations under these Terms of Use or other agreements and for the consequences (including any loss or damage which Oud and Perfumes or its affiliates or its vendors may suffer) for any such breach.
6.6. If you believe that any content or user content (as defined herein) or other content available on the website does not comply with the terms of the agreement(s) or applicable law, you may report such content to Oud and Perfumes.
7. SITE MANAGEMENT
7.1. We reserve the right, but not the obligation, to:
7.1.1. monitor the site for violations of these Terms of Use;
7.1.2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
7.1.3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof;
7.1.4. in our sole discretion and without limitation, notice, or liability, to remove from the site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
7.1.5. otherwise manage the site in a manner designed to protect our rights and property and to facilitate the proper functioning of the site and the marketplace offerings.
8. TERM AND TERMINATION
8.1. These Terms of Use shall remain in full force and effect while you use the Site. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site and the marketplace offerings (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in the site and the marketplace offerings or delete any content or information that you posted at any time, without warning, in our sole discretion.
8.2. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
8.3. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
9. MODIFICATIONS AND INTERRUPTIONS
9.1. We reserve the right to change, modify, or remove the contents of the site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our site.
9.2. We also reserve the right to modify or discontinue all or part of the marketplace offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the site or the marketplace offerings.
9.3. We cannot guarantee that the site and the marketplace offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the site, resulting in interruptions, delays, or errors.
9.4. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the site or the marketplace offerings during any downtime or discontinuance of the site or the marketplace offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the site or the marketplace offerings or to supply any corrections, updates, or releases in connection therewith.
10. DISCLAIMER OF WARRANTIES AND LIABILITIES
10.1. The website, services, content, user content and any third party content are provided by Oud and Perfumes on an “AS IS” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose.
10.2. Without limiting the foregoing, Oud and Perfumes makes no warranty that
10.2.1. the website or the services will meet your requirements or your use of the website or the services will be uninterrupted, timely, secure or error-free;
10.2.2. the results that may be obtained from the use of the website or services will be effective, accurate or reliable;
10.2.3. the quality of the website or services will meet your expectations; or that
10.2.4. any errors or defects in the website or services will be corrected.
10.3. No advice or information, whether oral or written, obtained by you from Oud and Perfumes or through the website/content or from use of the services shall create any warranty not expressly stated in these terms of use.
10.4. To the maximum extent permitted by applicable law, Oud and Perfumes will have no liability related to user content and/or third party content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Oud and Perfumes also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content and / or third party content.
10.5. You expressly understand and agree that, to the maximum extent permitted by applicable law, Oud and Perfumes will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the website or any services, either with or without your knowledge.
10.6. Oud and Perfumes has endeavored to ensure that all the information on the website is correct, but Oud and Perfumes neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service.
10.7. Oud and Perfumes shall not be responsible for the delay or inability to use the website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise.
10.8. Further, Oud and Perfumes shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Oud and Perfumes’s control.
10.9. The user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data.
10.10 Oud and perfumes is not responsible for any typographical error leading to an invalid coupon. Oud and perfumes accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
11. INDEMNIFICATION AND LIMITATION OF LIABILITY
11.1. You agree to indemnify, defend and hold harmless Oud and Perfumes, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as “indemnified parties”) from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with
11.1.1. Your breach of the agreement; or
11.1.2. any claims made by any third party due to, or arising out of, or in connection with, your use of the website; or
11.1.3. any claim that any third party content/content, information or materials provided by you caused damage to a third party; or
11.1.4. Your violation of any rights of another, including any intellectual property rights.
11.2. Oud and Perfumes may notify you of any claims which you shall be liable to indemnify Oud and Perfumes against. You will then be required to consult with Oud and Perfumes regarding the course of action to be undertaken in defending such a claim.
11.3. Further, you shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Oud and Perfumes without the express prior written consent of Oud and Perfumes which can be withheld or denied or conditioned by Oud and Perfumes in its sole discretion.
11.4. Notwithstanding anything to contrary in the agreement, Oud and Perfumes’s entire and aggregate liability to you under and in relation to these Terms of Use or otherwise shall not exceed the greater of Indian Rupees xxxxxx (INR xxxx) or the amount of fees, if any, paid by you to Oud and Perfumes under the relevant order to which the cause of action for the liability relates.
11.5. Notwithstanding anything to contrary in the agreement, in no event shall Oud and Perfumes, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to you for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Oud and Perfumes has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the website, services or content.
12. GOVERNING LAW AND JURISDICTION
12.1. These Terms of Use and all transactions entered into on or through the website and the relationship between you and Oud and Perfumes shall be governed in accordance with the laws of India without reference to conflict of laws principles.
12.2. You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the website, these Terms of Use, the agreement or any transactions entered into on or through the website or the relationship between you and Oud and Perfumes shall be subject to the exclusive jurisdiction of the courts at Alappuzha, Kerala, India and you hereby accede to and accept the jurisdiction of such courts.
12.3. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law.
12.4. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this agreement shall be effective against a party if given as provided herein.
13. COMMUNICATIONS
13.1. When you use the website or send emails or other data, information or communication to Oud and Perfumes, you agree and understand that you are communicating with Oud and Perfumes through electronic records and you consent to receive communications via electronic records from Oud and Perfumes periodically and as and when required.
13.2. Oud and Perfumes will communicate with you by email or by notices on Website or electronic records on the website or on your mobile number which will be deemed adequate service of notice/electronic record to the maximum extent permitted under any applicable law.
14. GENERAL PROVISIONS
14.1 Notice: All notices with respect to these Terms of Use from Oud and Perfumes will be served to you by email or by general notification on the website. Any notice provided to Oud and Perfumes pursuant to these Terms of Use should be sent to Grievance Officer at xxxxx.
14.2. Assignment: You cannot assign or otherwise transfer the agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio.
14.2.1. Oud and Perfumes’s rights and/or obligations under the agreement are freely assignable or otherwise transferable by Oud and Perfumes to any third parties without the requirement of seeking your prior consent.
14.2.2. Oud and Perfumes may inform you of such assignment or transfer in accordance with the notice requirements under the agreement.
14.2.3. Oud and Perfumes shall have right to transfer your account and account information to a third party who purchases Oud and Perfumes’s business as conducted under the website.
14.3. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the agreement shall continue in full force and effect.
14.3.1. Oud and Perfumes may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms of Use.
14.4. Waiver: Any failure or delay by a party to enforce or exercise any provision of the agreement, or any related right, shall not constitute a waiver by such party of that provision or right.
14.4.1. The exercise of one or more of a party’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity.
14.4.2. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
14.5. Independent Contractor: You and Oud and Perfumes are independent contractors, and nothing in these Terms of Use will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between you and Oud and Perfumes.
14.5.1. As an abundant caution, it is clarified that Oud and Perfumes shall not have any right to conclude any contract for sale or purchase of Products for and/or on your behalf and both you and Oud and Perfumes have entered this agreement on principal to principal basis.
14.6. Force Majeure: If performance of any service or obligation under these Terms of Use or other Agreement by Oud and Perfumes is, or other third parties in fulfillment of any purchase or sale transaction (for eg: logistics service provider, fulfillment center, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Oud and Perfumes or its third parties performing such services as sub-contractor to Oud and Perfumes and could not have been prevented by reasonable precautions (each, a “Force Majeure Event”), then Oud and Perfumes shall be excused from such performance to the extent of and during the period of such Force Majeure Event. Oud and Perfumes shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.
14.7. Grievance Officer: In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of Oud and Perfumes for the purpose of this Agreement shall be Mr. Siyaduddeen Labba with Email Address: siyad@oudandperfumes.com.Oud and Perfumes may change the aforesaid details from time to time under intimation to you.
CONTACT US:
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Email: support@oudandperfumes.com
Phone: 9809505553