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Terms & Conditions
Introduction TERMS AND CONDITIONS OF SERVICE AND USE 1) GENERAL We, M/s. partibite foods Pvt.LTD M/s. Happient Info Services Pvt. Ltd (hereinafter referred to as the “Company”) is a company registered under the Indian Companies Act 2013, represented by its proprietor and members, where such expression shall, unless repugnant to the context thereof, be deemed to include its proprietor, respective legal heirs, representatives, administrators, permitted successors and assigns. The creator of these Terms of Service ensures steady commitment to Your privacy with regard to the protection of your invaluable information. This document contains information about the Website www.ohieo.com (hereinafter referred to as the “Platform”) For the purpose of these Terms of Use (“Terms”), wherever the context so requires, “We”, “Our”, and “Us” shall mean and refer to the Platform and/or the Company, as the context so requires. “You”, “Your”, “Yourself”, “User” and “Customer” shall mean and refer to natural and legal individuals who use the Application or Website and who is competent to enter into binding contracts, as per Indian laws. “Customers” shall refer to those willing to avail Services on a wide variety of products through the Platform. ‘User’ shall refer to Customers and Potential Customers accessing the Platform. “Services” refer to providing a Platform for Users to meet and connect with Vendors and in an innovative online forum, through the Platform. “Third Parties” refer to any Application, company, Vendors or individual apart from the User and the creator of this Application. The term “Platform” refers to the Website which provides the Services to the Users. The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value The use of this Platform by the User is solely governed by these Terms as well as the Privacy Policy, and any modifications or amendments made thereto by the Company, from time to time, at its sole discretion. If You continue to access and use this Platform, you are agreeing to comply with and be bound by the following Terms and Conditions of Use and Our Privacy Policy. The User expressly agrees and acknowledges that these Terms and Policy are co-terminus in nature, and that expiry/termination of either one will lead to the termination of the other. The User unequivocally agrees that these Terms and the aforementioned Policy constitutes a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting any part of the Platform constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy. The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Platform following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the Platform and the Services. If the User does not adhere to the changes, You must stop using the Services at once. Your continued use of the Services will signify your acceptance of the changed terms. REGISTRATION Registration is mandatory for the Users to access the Services provided by the Company through the Platform. Users shall register themselves on the Platform by providing information including but not limited to personal information such as name, location, e-mail address, contact number, occupation, and other details relating to preference like gender, age, etc. The Registration and use of the Platform is however free of cost and no charges are applicable for the same. Charges may be incurred after registration depending on the Services the User would like to avail. This information is used to provide Users with important Services and information that may be customised to their demographic, interests, professional lives, business requirements and desired experience. Registration for this Platform is available only to those above the age of eighteen (18) years, barring those “Incompetent to Contract” which inter alia include insolvents. If you are a minor and wish to use the Product as a User, You may not do so and the Company reserves the right to terminate your account on knowledge of you being a minor and having registered on the Product or availing any of its Services. Further, at any time during Your use of this Platform, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your User Username and password, and any activity under the account shall be deemed to have been done by You. In the case that you provide us with false and/or inaccurate details or we have reason to believe you have done so, we hold the right to permanently suspend your account. You agree that you will not disclose your password to any third party, and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account. SERVICE OVERVIEW The Company shall act as an aggregator/service provider for availing Services from by the recognised Vendors and purchase the product. The Customers, after registration may access the Platform and purchase the products available in a wide variety. ELIGIBILITY The User represents and warrants that they are competent and eligible to enter into legally binding agreements and of 18 years of age, and that they have the requisite authority to bind themselves to these Terms in accordance with the Law. The User further represents that they will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations. The User may not use the Platform if they are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force. CONTENT All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided or based on information provided by third parties and We have no control and make no guarantees regarding the quality, accuracy, integrity or genuineness of such Content. All the Content displayed on the Platform is subject to copyright and shall not be reused by any party (or third party) without the prior written consent of the Company and the copyright owner. The User is solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the Platforms and whilst feedback and comments by Users shall be made via the Platform, the Platform bears no liability whatsoever for any feedback or comments made by the Users or made in respect of any of the content on the Platform. Further, the Platform reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Platform, or to terminate the account of any User who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. The User shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading. The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Platform. Users shall not copy, adapt, and modify any content without written permission of the Company. TERM These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the Services and Platforms. A Customer may terminate their use of the Services and the Platform at any time. The Company may terminate these Terms and close a User’s account at any time without notice and/or suspend or terminate a User’s access to the Platform at any time and for any reason, if any discrepancy or legal issue arises. Such suspension or termination shall not limit our right to take any other action against you that the Company considers appropriate. It is also hereby declared that the Company may discontinue the Services and Platforms without any prior notice. TERMINATION The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Services, or any portion thereof, at any time, without notice or cause. The Platform also reserves the universal right to deny access to particular Users, to any/all of its Services without any prior notice/explanation in order to protect the interests of the Platform and/or other visitors to the Platform. The Platform reserves the right to limit, deny or create different access to the Platform and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same. COMMUNICATION By using this Services and Platforms, and providing his/her identity and contact information to the Company through the Platform, the User hereby agrees and consents to receiving calls, e-mails or SMSs from the Company and/or any of its representatives at any time. Customers can report to contact/support page if they find any discrepancy with regard to Service related information and the Company will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time taken for investigation. The User expressly agrees that notwithstanding anything contained hereinabove, it may be contacted by the Company or any representatives relating to any service availed of by the User on the Platform or anything pursuant thereto and the User agrees to indemnify the Company from any and all harassment claims. It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Privacy Policy. PAYMENT Charges Registration and access to the Services on the Platform is free of cost. However, the Customer shall pay an amount for the Services availed through the Platform directly to the Company in any of the prescribed modes of payment. Payment Methods Domestic and International Credit Cards Debit Card Net Banking Third-party gateways UPI The User(s) acknowledges that a minimum of one of the above payment methods shall be offered on the Platform. The Users are solely responsible for the genuineness of credentials and payment information provided on the Platform and the Platform shall not be liable for any consequences, direct or indirect, resulting from the provision of incorrect or untrue credentials or payment information by any Users. Further, the Platform does not bear any liability for any activities, breaches, discrepancies or technical problems experienced by the Users whilst using any third-party payment gateway to make payments. The relationship between the Users and third-party payment gateway shall be governed by the Terms of Use and Privacy Policy of the said payment gateway, and the Platform shall not be associated with any dispute arising therefrom. USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT The User agrees and acknowledges that they are a restricted User of this Platform, and that they: Agree to provide genuine credentials during the process of registration on the Platform. You shall not use a fictitious identity to register. We are not liable if the User has provided incorrect information. Agree to ensure the email address, address and mobile number provided during account registration are valid at all times and shall keep your information accurate and up-to-date. The User can update their details anytime. Agree that they are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. Understand and acknowledge that the data submitted is manually entered in to the database of the Platform. The User also acknowledges the fact that data so entered into the database is for the purpose of easy and ready reference for the User, and to streamline the Services through the Platform. Authorize the Platform to use, store or otherwise process certain personal information and all published Content, Customer Purchases, Offer redemption's, Customer locations, User comments, reviews and ratings for personalization of Services, marketing and promotional purposes and for optimisation of User-related options and Services. Understand and agree that, to the fullest extent permissible by law, the Platform/Company and their successors and assigns, or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from use of the Platform or from this terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission of the Company. Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform. The use of 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 Platform or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to suspension or termination of the User’s access to the Platform. The User acknowledges and agrees that by accessing or using the Platform or any of the Services provided therein, it may be exposed to content that it may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the Platform. Expressly agree and acknowledge that the Content displayed on the Platform is not owned by the Company, and that the Company is in no way responsible for the content of the same. The User may however report any offensive or objectionable content, which the Company may then remove from the Platform, at its sole discretion. The User further undertakes not to: Engage in any activity that interferes with or disrupts access to the Platform or the Services provided therein (or the servers and networks which are connected to the Platform); Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity; Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Platform, or any other viewer of the Platform, including any User account maintained on the Platform not operated/managed by the User, or exploit the Platform or information made available or offered by or through the Platform, in any manner; Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked Platforms; Use the Platform or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or any other third party (ie); Violate any code of conduct or guidelines which may be applicable for or to any particular service offered on the Platform; Violate any applicable laws, rules or regulations currently in force within or outside India; Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Platform contained herein or elsewhere, whether made by amendment, modification, or otherwise; Commit any act that causes the Company to lose (in whole or in part) the Services of its Internet Establishment ("ISP") or in any manner disrupts the Services of any other supplier/service provider of the Company/Platform; The User hereby expressly authorizes the Company/Platform to disclose any and all information relating to the User in the possession of the Company/Platform to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involving personal injury and theft/infringement of intellectual property. The User further understands that the Company/Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial Order, law, regulation or valid governmental request. By using this service, the User also agrees to the following restrictions. The User agrees not use the Service for any purpose that is illegal or prohibited by this Agreement. The User agrees not to use the Service for any harmful or nefarious purpose. The User agrees not to use the Service in order to damage the Platform or Company. The User agrees not to spam, solicit money from or defraud any Users. The User agrees not to impersonate any person or entity or post any images of another person without his or her permission. The User agrees not to bully, “stalk,” intimidate, assault, harass, mistreat or defame any person. The User agrees not to post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right. The User agrees not to post any Content that is threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence. The User agrees not to post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual. The User agrees not to solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other Users or disseminate another person’s personal information without his or her permission. The User agrees not to use another User’s account. The User agrees not to create another account if the Company has already terminated your account, unless you have our permission. The User agrees not to post any material on the website that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful, or advertising any goods or services. More specifically, the User agrees not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that: belongs to another person and to which the User has no 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 in anyway harmful to minors; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others; Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity; Publish, post, disseminate, any information which 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; 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; 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. SUSPENSION OF USER ACCESS AND ACTIVITY Notwithstanding other legal remedies that may be available, the Company may in its sole discretion, limit the User’s access and/or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/terminate the User’s association with the Platform, and/or refuse to usage of the Platform to the User, without being required to provide the User with notice or cause: If the User is in breach any of these Terms or the Policy; If the User has provided wrong, inaccurate, incomplete or incorrect information; If the User’s actions may cause any harm, damage or loss to the other Users or to the Company, at the sole discretion of the Company. INDEMNITY You (the User) agree to indemnify, defend and hold harmless the Company/Platform, its service providers, and their respective directors, officers, employees and agents (collectively, "Parties"), from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these terms of use. Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with: Your use of the Platform Your violation of these Terms and Conditions; Your violation of any rights of another; Your alleged improper conduct pursuant to these Services; Your conduct in connection with the Platform; You agree to fully cooperate in indemnifying us at your expense. You also agree not to reach a settlement with any party without our consent. In no event shall the Company/Platform be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/ Platform had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Platform and/or the Services or materials contained therein. LIMITATION OF LIABILITY The Founders/ Promoters/ Associated people of the Platform/Platform are not responsible for any consequences arising out of the following events: If the Platform is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure; If the User has fed incorrect information or data or for any deletion of data; If there is undue delay or inability to communicate through email; If there is any deficiency or defect in the Services managed by Us; If there is a failure in the functioning of any other service provided by the Platform. The Platform accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to the User, the User’s belongings, or to any third party, resulting from the use or misuse of the Platform or any service availed of by the User through the Platform. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The Platform will not be liable to you for the unavailability or failure of the Platform. Users are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference. The Platform expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Platform and which is incurred by you in connection with the Platform, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms. To the fullest extent permitted by law, the Platform shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Platform. INTELLECTUAL PROPERTY RIGHTS Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including materials, designs, and graphics created by and developed by the Platform and other distinctive brand features of the Platform are the property of the Company or the respective copyright or trademark owner. Furthermore, with respect to the Platform created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Platform. The User may not use any of the intellectual property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective Users of the Platform, or that in any manner disparages or discredits the Company/Platform, to be determined in the sole discretion of the Company. The User is aware all intellectual property, including but not limited to copyrights, relating to said Services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Company, or to any other User. The User is aware that the Company merely provides a Platform through which the Users can communicate and schedule meetings, and the Company/the Platform does not own any of the intellectual property relating to the independent content displayed on the Platform, apart from originally created graphics and specified content The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy. DISCLAIMER OF WARRANTIES AND LIABILITIES The User agrees and undertakes that they are accessing the Platform at their sole risk and are that they are using their best and prudent judgment before availing any service listed on the Platform or accessing/using any information displayed thereon. The User agrees that any kind of information, resources, activities, recommendations obtained/availed from Platform, written or oral, will not create any warranty and the Platform disclaims all liabilities resulting from these. The Company/Platform does not guarantee that the Services contained in the Platform will be uninterrupted or error-free, or that the Platform or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Platform. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy FORCE MAJEURE Neither the Company nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to causes beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, Internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized. DISPUTE RESOLUTION AND JURISDICTION It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising there from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of t Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed herein below; Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Bengaluru. The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India. NOTICES Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User through website contact/support page MISCELLANEOUS PROVISIONS Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto. Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms. Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
Disclaimer
DISCLAIMER TWe, ,M/s. partibite foods Pvt.LTD , M/s. Happient Info Services Pvt. Ltd , a Private Limited Company limited by shares, incorporated under the Companies Act, 2013, represented by its members, hereinafter referred to as the “Company” (where such expression shall unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns), are only a medium for purchase of wholesale and retail goods by Users. The company retains the right to change the fares of products by taking into account factors including but not limited to market conditions, demands for service, etc. The timings/prices shown on the Platform with regard to the service will be tentative, We will not responsible for any delay. The Company is not responsible for anything happens during delivery of the Services, and also does not provide any compensation for Services which is not fulfilled by the Third party, delay in services, inefficiency Service quality. The Company is not responsible for any dispute between the Third Party and the Customers. Deals on the website will be provided by the Third party and Company which will not be responsible for any legal implications due to false or misleading information in the deals shared by vendor. The Company also makes it clear that it shall not be held liable for any damage/hurt/inconvenience caused to the User through the course of provision of Services or as a result of the Users’ actions. The Company makes no representations or warranties as to the conduct of the Users. The Company takes no responsibility for any content that Users send or receive from other Users or Third-Party posts through the Website or Platform. Any material downloaded or otherwise obtained through the use of the service is accessed at the Users own discretion and risk. The facilities and Services on the Platform are intended to be subject to availability, without any promises or guarantees on the same by the Company, and while certain information available on the Platform and Software is the property of the Company and the Company endeavours to keep the said information updated and accurate, the Company shall not make any representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Platform or the information, products, Services, or related graphics contained on the Platform for any purpose. Any reliance you place on such information is therefore strictly at your own risk. The Company bears no responsibility whatsoever for any consequences arising from the use of the said Services by Users. The use of the Services in the Platform is the sole responsibility of the User (or legally authorised person on behalf of the User), and in case of any negligence on the part of the User in acting on the same shall not be construed as imposing any liability, direct or indirect, on the Company/Platform. The Company shall disclaim all responsibility and owns no liability to Users for any outcome (incidental, direct, indirect or otherwise) from the use of the Services. In no event will the Company be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the Platform. Through this Platform you are able to link to other Platforms which are not under the control of the Company. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the Platform up and running smoothly. However, the Company takes no responsibility for, and will not be liable for, the Platform being temporarily unavailable due to technical issues beyond our control. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. WEBSITE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS DONE ENTIRELY AT HIS/HER OWN DISCRETION AND RISK AND HE/SHE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. PLATFORM ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD-PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
Privacy Policy
PRIVACY POLICY We, M/s. partibite foods Pvt.LTD ,M/s. Happient Info Services Pvt. Ltd (hereinafter referred to as the “Company”), a Private Limited Company, incorporated under the provisions of the Companies Act, 1956/2013, represented by its members, where such expression shall unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns. The creator of this Privacy Policy ensures our steady commitment to Your privacy with regard to the protection of your invaluable information. This privacy policy contains information about an online website called www.ohieo.com (hereinafter referred to as the “Website”). In order to provide You with Our uninterrupted use of services, We may collect and, in some circumstances, disclose information about you. To ensure better protection of Your privacy, We provide this notice explaining Our information collection and disclosure policies, and the choices You make about the way Your information is collected and used. This Privacy Policy shall be in compliance with the General Data Protection Regulation (GDPR) in effect from May 28, 2019 and any and all provisions that may read to the contrary shall be deemed to be void and unenforceable as of that date. If you do not agree with the terms and conditions of our Privacy Policy, including in relation to the manner of collection or use of your information, please do not use or access the Site. If you have any questions or concerns regarding this Privacy Policy, you should contact us through our website contact/support page. ANY CAPITALIZED WORDS USED HENCEFORTH SHALL HAVE THE MEANING ACCORDED TO THEM UNDER THIS AGREEMENT. FURTHER, ALL HEADING USED HEREIN ARE ONLY FOR THE PURPOSE OF ARRANGING THE VARIOUS PROVISIONS OF THE AGREEMENT IN ANY MANNER. NEITHER THE USER NOR THE CREATERS OF THIS PRIVACY POLICY MAY USE THE HEADING TO INTERPRET THE PROVISIONS CONTAINED WITHIN IT IN ANY MANNER. DEFINITIONS: We”, “Our”, and “Us” shall mean and refer to the Platform and/or the Company, as the context so requires. “You”, “Your”, “Yourself”, and “User” shall mean and refer to natural and legal individuals who use the Platform and who is competent to enter into binding contracts, as per Indian laws. “Third Parties” refer to any Application, company or individual apart from the User and the creator of this Platform. “Personal Information” shall mean and refer to any personally identifiable information that We may collect from You such as Name, Location, Email Id, Mobile number, Password etc. For removal of any doubts, please refer to Clause 2. INFORMATION WE COLLECT We are committed to respecting Your online privacy. We further recognize Your need for appropriate protection and management of any Personal Information You share with us. We may collect the following information: Personal data such as, but not limited to, Name, Email Id, Mobile number, Password, Mailing address, Age, Gender, etc; Tracking Information such as, but not limited to the IP address of your device and Device ID when connected to the Internet. This information may include the URL that you just came from (whether this URL is on the Platform or not), which URL you next go to (whether this URL is on the Platform or not), your computer or device browser information, and other information associated with your interaction with the Website.; Details of Website usage for analytics. This privacy policy also applies to data we collect from users who are not registered as members of this site, including, but not limited to, browsing behaviour, pages viewed etc. We also collect, and store the personal information provided by you from time to time on the Site. We only collect and use such information from you that we consider necessary for achieving a seamless, efficient and safe experience, customized to your needs including: To enable the provision of services opted for by you; To communicate necessary account and service related information from time to time To allow you to receive quality customer care services and data Collection; To comply with applicable laws, rules and regulations; Where any service requested by you involves a third party, such information as is reasonably necessary by the Company to carry out your service request may be shared with such third party. We also do use your contact information to send you offers based on your interests and prior activity. The Company may also use the contact information internally to direct its efforts for service improvement but shall immediately delete all such information upon withdrawal of your consent for the same through the ‘unsubscribe’ button. You may from time to time choose to provide payment related financial information (credit card, debit card, bank account details, billing address etc.) on the platform. We are committed to keeping all such sensitive data/information safe at all times and ensure that such data/information is only transacted over secure Site of approved payment gateways which are digitally encrypted and provide the highest possible degree of care available under the technology presently in use. We shall collect and store all such information in our internal Company servers for a finite period of time and share the same only with our designated merchants and Third Party Payment Gateways, as long as you are a User of the platform and shall immediately delete all such information upon expiry of your User ship. We shall also delete all aforementioned communication upon withdrawal of User ship of any single Party to the communication. The Company will not use your financial information for any purpose other than to complete a transaction with you. To the extent possible, we provide you the option of not divulging any specific information that you wish for us not to collect, store or use. You may also choose not to use a particular service or feature on the Site and opt out of any non-essential communications from the platform. Further, transacting over the internet has inherent risks which can only be avoided by you following security practices yourself, such as not revealing account/login related information to any other person and informing our customer care team about any suspicious activity or where your account has/may have been compromised. At every stage prior to, during or after information collection, you have the right to access all personally identifiable information provided, rectify or alter all personally identifiable information provided, restrict the level of information to be retained as per your sole discretion and object to the retention, use and potential disclosure of the personally identifiable information. OUR USE OF YOUR INFORMATION The information provided by you shall be used to provide and improve the service for you and all users. For maintaining Internal record. For providing the Services/Delivery Of Services For enhancing the Services provided. For more details about the nature of such communications, please refer to our Terms of Service. Further, your personal data and Sensitive Personal data may be collected and stored by Us for internal record. We shall disclose details including but not limited to Name, Location, Phone number, etc. of the Customers to the Sellers and Name, Phone number, Delivery details, etc. of the Sellers to the Customers for the purpose of provision of Services to the aforementioned. We use Your tracking information such as IP addresses, and or Device ID to help identify you and to gather broad demographic information and make further services available to you. We will not sell, license or trade Your personal information. We will not share your personal information with others unless they are acting under our instructions or we are required to do so by law. Information collected via Our server logs includes users' IP addresses and the pages visited; this will be used to manage the web system and troubleshoot problems. We also use third-party analytics, tracking, optimization and targeting tools to understand how users engage with our Platform so that we can improve it and cater personalized content/ads according to their preferences. HOW INFORMATION IS COLLECTED Before or at the time of collecting personal information, we will identify the purposes for which information is being collected. If the same is not identified to you, you have the right to request the Company to elucidate the purpose of collection of said personal information, pending fulfillment of which you shall not be mandated to disclose any information whatsoever. We will collect and use your personal information solely with the objective of fulfilling those purposes specified by us, within the scope of consent of the individual concerned or as required by law. We will only retain personal information as long as necessary for the fulfillment of those purposes. We will collect personal information by lawful and fair means and with the knowledge and consent of the individual concerned. Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date. . COOKIES We use data collection devices such as “cookies” on certain pages of our Websites. “Cookies” are small files sited on your hard drive that assist us in providing customized services. We also offer certain features that are only available through the use of a “cookie”. Cookies can also help us provide information which is targeted to your interests. Cookies may be used to identify logged in or registered users. Our Website uses session cookies to ensure that you have a good experience. These cookies contain a unique number, your 'session ID', which allows our server to recognize your computer and 'remember' what you've done on the Platform. The benefits of this are: You only need to log in once if you're navigating secure areas of the site Our server can distinguish between your computer and other users, so you can see the information that you have requested. You can choose to accept or decline cookies by modifying your browser settings if you prefer. This may prevent you from taking full advantage of the Platform. We also use various third-party cookies for usage, behavioral, analytics and preferences data. The following are the different types of Cookies used on the Platform: Authentication cookies: To identify the user and share the content that he or she requested for. Functionality cookies: For customized user experience and resuming past course progress. Tracking, optimization and targeting cookies: To capture usage metric on device, operating system, browser etc. to capture behavioral metrics for better content delivery. To cater and suggest most suited products and services. GOOGLE ANALYTICS We use Google Analytics to help us to understand how you make use of our content and work out how we can make things better. These cookies follow your progress through our, collecting anonymous data on where you have come from, which pages you visit, and how long you spend on the site. This data is then stored by Google in order to create reports. These cookies do not store your personal data. The information generated by the cookie about your use of the Website, including your IP address, may be transmitted to and stored by Google on servers in the United States. Google may use this information for the purpose of evaluating your use of the website, compiling reports on website activity for us and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above. The Google website contains further information about Analytics and a copy of Google's privacy policy pages. EXTERNAL LINKS ON THE WEBSITE The Website may include advertisements, hyperlinks to other websites, applications, content or resources. We have no control over any websites or resources which are provided by companies or persons other than Us. You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and do not endorse any advertising, services/products or other materials on or available from such platform or resources. You acknowledge and agree that We are not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from such websites or resources. These external websites and resource providers may have their own privacy policies governing the collection, storage, retention and disclosure of Your Personal Information that You may be subject to. We recommend that you enter the external Website and review their privacy policy. YOUR RIGHTS We are providing a service that collects survey responses on behalf of survey Creators. If you have any questions about the survey, or if you want access, update or delete anything in your survey responses, please contact the Company directly. Unless subject to an exemption, you have the following rights with respect to your personal data: The right to request a copy of your personal data which we hold about you; The right to request for any corrections to any personal data if it is found to be inaccurate or out of date; The right to withdraw Your consent to the processing at any time; The right to object to the processing of personal data; The right to lodge a complaint with a supervisory authority. The right to obtain information as to whether personal data are transferred to a third country or to an international organization. Where you hold an account with any of our service, you are entitled to a copy of all personal data which we hold in relation to you. You are also entitled to request that we restrict how we use your data in your account when you log in. In case of you having any Grievances may approach the following grievances officer , In accordance with Information Technology Act 2000 and rules made thereunder, the name and contact details of our Grievance Officer are provided below: EMAIL: support@ohieo.com CONFIDENTIALITY You further acknowledge that the Platform may contain information which is designated confidential by us and that you shall not disclose such information without our prior written consent. Your information is regarded as confidential and therefore will not be divulged to any third party, unless legally required to do so to the appropriate authorities. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by us will only be in connection with the provision of agreed services, and you retain sole discretion to seek discontinuation of such communications at any point of time. OTHER INFORMATION COLLECTORS Except as otherwise expressly included in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties, whether they are on our Platform or on other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. To the extent that we use third party advertisers, they adhere to their own privacy policies. Since we do not control the privacy policies of third parties, you are subject to ask questions before you disclose your personal information to others. OUR DISCLOSURE OF YOUR INFORMATION We host surveys for survey creators for our platform who are the owners and users of your survey responses. We do not own or sell your responses. Anything you expressly disclose in your responses will be disclosed to survey creators. Please contact the survey creator directly to better understand how they might share you survey responses. We shall disclose details including but not limited to Name, Location, Phone number, etc. of the Customers to the Sellers and Name, Phone number, etc. of the Sellers to the Customers for the purpose of provision of Services to the aforementioned. Information collected will not be considered as sensitive if it is freely available and accessible in the public domain or is furnished under the Right to Information Act, 2005, any rules made there under or any other law for the time being in force. Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting and foregoing), we may be forced to disclose information to the government, law enforcement agencies or third parties. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or private communications would always remain private. We do, however, assure you that any and all disclosure of your personally identifiable information shall be personally intimated to you through an email sent to your provided email address. As a matter of policy, we do not sell or rent any personally identifiable information about you to any third party. However, the following describes some of the ways that your personally identifiable information may be disclosed: External Service Providers: There may be a number of services offered by external service providers that help you use our Platform. If you choose to use these optional services, and in the course of doing so, disclose information to the external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their privacy policy. Law and Order: We cooperate with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights. We can (and you authorize us to) disclose any information about you to law enforcement and other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us or you to legal liability. ACCESSING, REVIEWING AND CHANGING YOUR PROFILE Following registration, you can review and change the information you submitted at the stage of registration, except Email ID and mobile number. An option for facilitating such change shall be present on the Platform and such change shall be facilitated by the User. If you change any information, we may or may not keep track of your old information. We will not retain in our files information you have requested to remove for certain circumstances, such as to resolve disputes, troubleshoot problems and enforce our terms and conditions. Such prior information shall be completely removed from our databases, including stored ‘back up’ systems. If you believe that any information we are holding on you is incorrect or incomplete, or to remove your profile so that others cannot view it, the User needs to remediate, and promptly correct any such incorrect information. CONTROL OF YOUR PASSWORD When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. It is important that you protect it against unauthorized access of your account and information by choosing your password carefully and keeping your password and computer secure by signing out after using our services. You agree not to use the account, username, email address or password of another Member at any time or to disclose your password to any third party. You are responsible for all actions taken with your login information and password, including fees. If you lose control of your password, you may lose substantial control over your personally identifiable information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password. You agree to notify us immediately if you suspect any consistent unauthorized use of your account or access to your password even after changing it. SECURITY We treat data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by members inside and outside the Company. We follow generally accepted industry standards to protect the Personal Information submitted to us and information that we have accessed. However, as effective as encryption technology is, no security system is impenetrable. Our Company cannot guarantee the security of our database, nor can we guarantee that information you provide won’t be intercepted while being transmitted to the Company over the Internet. SEVERABILITY Each paragraph of this Privacy Policy shall be and remain separate from and independent of and severable from all and any other paragraphs herein except where otherwise expressly indicated or indicated by the context of the agreement. The decision or declaration that one or more of the paragraphs are null and void shall have no effect on the remaining paragraphs of this privacy policy. AMENDMENT Our Privacy Policy may change from time to time. The most current version of the policy will govern our use of your information and will always be at the Platform. Any amendments to this Policy shall be deemed as accepted by the User on their continued use of the Platform. AUTOMATED DECISION MAKING As a responsible company, we do not use automatic decision-making or profiling. CONSENT WITHDRAWAL, DATA DOWNLOAD & DATA REMOVAL REQUEST To withdraw your consent, or to request the download or delete your data with us for any or all our products & services at any time, please email to support@ohieo.com from your registered email address. CONTACT US If you have any questions or concerns regarding this privacy policy, you should contact us by sending an e-mail to please email to support@ohieo.com Information Provided in the website may not be 100% accurate and may be provided for promotional purposes of the business
Cancellation & Refund Policy
We thank you and appreciate your Service with us. Please read the policy, conditions and process carefully as they will give you important information and guidelines about your rights and obligations as our customer, concerning any Service you make through us unless specifically stated otherwise on our Platform. In the event if the Service is fulfilled and has been claimed for refund due to delay, unsatisfactory service, unhygienic conditions, no refund will be provided. Company’s Refund Policy :- The Company is liable only to the Customers who have paid directly to the Company not to any other Third Party. The Company will provide refund only on the request of the Customer and after the validation of the Support system. The Refund will be processed completely only within 45 days of Service availed, after this stipulated time the Company will withhold some of the amount paid and transfers it by the same mode are any available payment mode. Cancellation policy Refund Percentage* 24 hours before No refund 2 days before 25 % 4 days before 50 % Same day of booking 100 % If in case, the Customer in any manner does any wrongfully or illegally detain the Company’s Representatives, then the Company has all the rights to constrain the Refund and Cancellation option. Any Refund will stand forfeited without any further reference to the Customer. This shall be in addition to and without prejudice to all remedies of law.
Vendors Refund Policy
We thank you and appreciate your Service with us. Please read the policy, conditions and process carefully as they will give you important information and guidelines about your rights and obligations as our customer, concerning any Service you make through us unless specifically stated otherwise on our Platform. In the event if the Service is fulfilled and has been claimed for refund due to delay, unsatisfactory service, unhygienic conditions, no refund will be provided. Company’s Refund Policy :- The Company is liable only to the Customers who have paid directly to the Company not to any other Third Party. The Company will provide refund only on the request of the Customer and after the validation of the Support system. The Refund will be processed completely only within 45 days of Service availed, after this stipulated time the Company will withhold some of the amount paid and transfers it by the same mode are any available payment mode. Cancellation policy Refund Percentage* 24 hours before No refund 2 days before 25 % 4 days before 50 % Same day of booking 100 % If in case, the Customer in any manner does any wrongfully or illegally detain the Company’s Representatives, then the Company has all the rights to constrain the Refund and Cancellation option. Any Refund will stand forfeited without any further reference to the Customer. This shall be in addition to and without prejudice to all remedies of law.
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