Terms & Conditions
Welcome to OnlwWow!
The portal onlywow.in, and its corresponding mobile application
(collectively, “OnlyWow ”), is managed and operated by OnlyWow Network (“ OnlyWow Network”, “we”, “us”
or “our”). Any natural or legal person who accesses and/or uses OnlyWow
in any manner (“you” or “ your”) or uses any current or
future service or functionality or offer made available on OnlyWow (“Service ”)
will be subject to these terms and conditions for use of OnlyWow (“ Terms
of Use”), as updated from time to time and such terms, guidelines and
conditions as may be applicable to such Service (“ Service Terms”).
If these Terms of Use are inconsistent with such Service Terms, the Service
Terms will control to the extent of such inconsistency with respect to the
applicable Service.
These Terms of Use constitute an electronic
record within the meaning of the applicable law. This electronic record is
generated by a computer system and does not require any physical or digital
signatures. Please read these Terms of Use carefully before using or accessing
OnlyWow or availing any Service. By using the OnlyWow or availing any
Service, you signify your agreement to be bound by these Terms of Use.
1. USE OF OnlyWow
You agree and acknowledge that OnlyWow is an
online platform that enables you to purchase the products listed on OnlyWow at
the indicated price at any time from the serviceable locations.
Except where are the sellers of the relevant
product on OnlyWow, you agree and acknowledge that we are only a facilitator
and are not and cannot be a party to or control in any manner any transactions
on OnlyWow. Accordingly, such contract of sale of products on the website
shall be a strictly bipartite contract between you and the sellers on OnlyWow.
2. ELIGIBILITY
Only persons who can enter into legally binding
contracts as per Indian Contract Act, 1872, i.e. persons who are 18 years of
age or older, are of sound mind, and are not disqualified from entering into
contracts by any law, can use and access OnlyWow. If you are a minor i.e.
under the age of 18 years, you may use OnlyWow only with the involvement of a
parent or guardian.
3. REGISTRATION AND
OPERATION OF YOUR ACCOUNT
3.1. In order to use OnlyWow and avail the
Services, you will have to register on OnlyWow. Registration is a one-time
process and is free of cost. You may register in one of the following ways:
3.1.1. By creating a OnlyWow
account: You can register by providing relevant information, such as your
name, gender, and such other details relevant for creating an account. Your
login ID and password will be created basis the information provided by you,
which you can use to access your OnlyWow account at any time.
3.1.2. By using a third-party account: You
may use the login credentials from any third-party accounts maintained by you,
as identified by OnlyWow (for example, Google or Facebook). If you use such
third party account, you will also be subject to specific terms and conditions
applicable to such account, as may be imposed by the relevant third-party.
Your credentials shared by you at the time of
registration and your OnlyWow login ID and password are referred to as “ Account
Information”.
3.2. You are solely authorized to operate the
account created by you. Consequently, it is your responsibility to maintain the
confidentiality of the Account Information and for restricting access to your
computer/mobile/other similar devices to prevent unauthorized access to your
account. You will at all times keep your Account Information current and
accurate. You can access and update much of the Account Information you
provided us with in the your accounts area
of the website.
3.3. You will: (a) immediately inform OnlyWow
of any unauthorized use of the account or any other security breach; and (b)
ensure that you log out of your account at the end of each session. OnlyWow
will not be liable for any loss or direct or indirect damage arising from your
failure to comply with these Terms of Use. You may be held liable for any
losses incurred to OnlyWow or any other user due to unauthorized use of their
account, resulting from your failure to keep your Account Information safe,
secure and confidential. We reserve the right to refuse access to OnlyWow,
terminate accounts, remove or edit content at any time without notice to you.
4. COMMUNICATION AND
UNSUBSCRIPTION
4.1. You understand that once you have shared
your Account Information and successfully registered on OnlyWow, you may
receive SMS or email notifications from OnlyWow relating to your registration
and transactions on OnlyWow.
4.2. You may also receive such notifications
regarding any marketing / promotional activities that maybe available on OnlyWow
from time to time. By sharing your Account Information and registering on
OnlyWow and/ or verifying your contact number with us, you explicitly consent
to receive marketing/ promotional communications (through call, SMS, email or
other digital and electronic means) from us and/or our authorized
representatives regarding any new services or offerings, even if your contact
number is registered under the DND/NCPR list under the Telecom Commercial
Communications Customer Preference Regulations, 2018.
4.3. OnlyWow may also send notifications and
reminders with respect to the Services on OnlyWow. While OnlyWow endeavors to
provide these notifications and reminders to you promptly, OnlyWow does not
provide any guarantee and will not be held liable or responsible for any
failure to send such notifications/reminders to you.
4.4. You can unsubscribe / opt-out from
receiving marketing/ promotional communications, newsletters and other
notifications from OnlyWow at any time by following the instructions set out
in such communications.
5. LICENSE AND ACCESS
TO PLATFORM
5.1. Your use of OnlyWow, the Services, and
access to the OnlyWow Content ( as defined below) is subject to a
limited, revocable and non-exclusive license which is granted to you when you
register on OnlyWow. You will use OnlyWow solely for identifying products,
carrying out purchases of products and processing returns and refunds, in
accordance with Delivery, Refund & Return Policy, for your personal use only and not for business purposes.
5.2. The license granted to you does not include
a license for: (a) resale of Products or commercial use of OnlyWow or OnlyWow
Content, (b) any collection and use of product listings, description, or
prices, (c) any use of OnlyWow, the Services and/or of OnlyWow Content other
than as contemplated in these Terms of Use, (d) any downloading or copying of
Account Information, (e) any use of data mining, robots, or similar data
gathering and extraction tools to extract (whether once or many times) any
parts of OnlyWow, (e) creating and/ or publishing your own database that
features parts of OnlyWow.
5.3. You grant to OnlyWow a royalty-free,
perpetual, irrevocable, non-exclusive right and license to adopt, publish,
reproduce, disseminate, transmit, distribute, copy, use, create derivative
works from, display worldwide, or act on any material posted by you on OnlyWow
without additional approval or consideration in any form, media, or technology
now known or later developed, for the full term of any rights that may exist in
such content, and you waive any claim over all feedback, comments, ideas or
suggestions or any other content provided through or on OnlyWow. You agree to
perform all further acts necessary to perfect any of the above rights granted
by you to OnlyWow, including the execution of deeds and documents, at its
request.
Please note that OnlyWow at all times reserves
the right to refuse your access to OnlyWow, terminate/deactivate your account,
remove or edit content on OnlyWow, at its discretion.
6. PERSONAL
INFORMATION PRIVACY
6.1. During the course of your registration on
and usage of OnlyWow or availing the Services, OnlyWow may collect and store
and/or you may provide us with, personal identifiable and sensitive information
about you, including without limitation your name, phone number, email address,
address, postal code, occupation, login details etc.
6.2. OnlyWow respects the sensitivity of the information about you and we appreciate your trust in us. In this regard, OnlyWow has formulated the Privacy Policy, which shall be deemed to be included in these Terms of Use, setting out the manner in which your information is collected, stored, processed, used and disclosed. If you object terms of our Privacy Policy, please do not use or access OnlyWow or avail the Services. For more information, please refer to the Privacy Policy.
7. CONTENT ON PLATFORM
7.1. All information, content, material, text,
graphics, images, logos, button icons, software code, interface, design and the
collection, arrangement and assembly of the content on OnlyWow or any of the
other Services are the property of OnlyWow or its affiliates (“OnlyWow
Content”), and are protected under copyright, trademark and other
applicable laws. Further, all trademarks, services marks, trade names and trade
secrets in relation to OnlyWow whether or not displayed on OnlyWow, are
proprietary to OnlyWow.
7.2. OnlyWow may display on OnlyWow any
third-party logos, trade names, trademarks of other brands, as per the license
granted to OnlyWow by such brands.
7.3. No information, content or material from OnlyWow
(including the OnlyWow Content) may be copied, reproduced, republished,
duplicated, copied, sold, resold, uploaded, posted, transmitted, distributed or
otherwise exploited in any way (including for any commercial purpose) without
OnlyWow’s express written permission. You will not frame or use framing
techniques to enclose any trademark, logo, or other proprietary information
(including images, text, page layout, or form) of OnlyWow and its affiliates
without express written consent. You may not use any meta tags or any other
“hidden text” utilizing OnlyWow’s or its affiliates’ names or trademarks
without the express written consent of OnlyWow and/or its affiliates, as
applicable. Any unauthorized use terminates the permissions granted in these Terms
of Use.
8. DISCLAIMERS
8.1. OnlyWow will try to make access to and use
of OnlyWow error-free and without interruptions. However, your access to
OnlyWow may be occasionally suspended or restricted to allow for repairs,
maintenance, or for introduction of new facilities or services on OnlyWow.
OnlyWow does not take responsibility for any access or usage problems that
arise from internet related issues at your end.
8.2. All information in relation to third
parties, including sellers and the products listed by them on OnlyWow (“ Third
Party Information”) are provided only for reference. OnlyWow, in its
capacity of an intermediary under the applicable laws, is not endorsing Third
Party Information and is not responsible for any errors and representation nor
is it associated with it and you shall access the Third Party Information at
your own risk.
8.3. OnlyWow may contain user generated content
which OnlyWow does not pre-screen and which contains views that may be
opinions of users/ experts. OnlyWow will do its best to monitor, edit or
remove such user generated content where it is necessary to do so (for
instance, if such content violates these Terms of Use). OnlyWow does not
promise that the user generated content on OnlyWow is accurate, complete or
updated, that it will not offend or upset any person or that it does not
infringe the intellectual property rights of third parties.
8.4. To help you in identifying the products of
your choice, description of the products are provided on OnlyWow by the
relevant seller through photographs, videos, charts, screenshots, infographics
and other visual aids. While reasonable efforts are made to provide accurate
visual representations, the appearance/color of the products when delivered may
differ for various reasons.
8.5. The Services included on OnlyWow are
provided on an “as is” and “as available” basis without any representations or
warranties, express or implied, except as otherwise specified in writing.
OnlyWow does not covenant or provide any representations and warranties:
8.5.1. in respect of quality, suitability,
accuracy, reliability, performance, safety, merchantability, fitness for a
particular purpose/consumption or the content (including product or pricing
information and/or specifications) on OnlyWow;
8.5.2. that the Services will be made available
at all times;
8.5.3. that the operation of OnlyWow, including
the functions contained in any content, information and materials on OnlyWow
or any third-party sites or services linked to OnlyWow will be uninterrupted,
or that the defects will be rectified, or that OnlyWow or the servers that
make such content, information and materials available are free of viruses or
other harmful components; and
8.5.4. that the OnlyWow Content available on
OnlyWow is complete, true, accurate or non-misleading.
8.6. Parties other than OnlyWow and its
affiliates may operate stores, provide services, or list or sell product lines
on OnlyWow. We are not responsible for examining or evaluating, and we do not
warrant or endorse the offerings of any of these businesses or individuals, or
the content made available by them. OnlyWow does not assume any responsibility
or liability for the actions, products, and content of any of these and any
other third-parties. The information displayed on OnlyWow is for informational
purpose only, and does not amount to or be deemed to be an endorsement of any
product or service under any circumstances.
8.7. To the extent permitted by applicable law,
OnlyWow disclaims any liability against any loss, damage, expenses,
liabilities, claim, injury caused due to the failure of performance, omission,
defect of products, or deletion, interruption, error, delay, virus,
communication, unauthorised access, theft, destruction, alteration or use of
records on OnlyWow.
8.8. OnlyWow is not responsible for the content
of any third party sites and does not make any representations regarding the
content or accuracy of material on such sites. If you decide to access links of
any third party platforms, you are doing so entirely at your own risk and
expense.
9. USER WARRANTIES AND
RESTRICTIONS
9.1. You represent and warrant that: (a) your
use of OnlyWow and/or Services will not violate any applicable law or
regulation; (b) all information that is submitted to OnlyWow in connection
with OnlyWow and/or Services is true, accurate and lawful; (c) use of the
content and material you supply does not breach any applicable OnlyWow
policies or guidelines and will not cause injury to any person or entity (including
that the content or material is not defamatory). If at any time, the
information provided by you is found to be false or inaccurate, OnlyWow will
have the right to reject registration, cancel all orders, and restrict you from
using the Services and other affiliated services in the future without any
prior intimation whatsoever. You agree to indemnify OnlyWow and its affiliates
for all claims brought by a third party against it or its affiliates arising
out of or in connection with a breach of any of these warranties.
9.2. You will use OnlyWow for lawful purposes
only, and will not undertake any activity that is harmful to OnlyWow or its
content or otherwise not envisaged through OnlyWow. You have a limited license
to access and use OnlyWow, solely for the purpose of availing the Services,
subject to these Terms of Use.
9.3. The use of the Platform by you is
restricted to personal use only, and you will not use any portion of OnlyWow
(including the contents on the Platform) or Services for any resale or
commercial purpose.
9.4. You will not do any of the following:
9.4.1. Delete or modify any content on OnlyWow,
such as any information regarding the Services, their performance, sales or
pricing;
9.4.2. Use any engine, software, tool, agent or
other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to
navigate or search OnlyWow;
9.4.3. Make false or malicious statements
against the Services, OnlyWow or OnlyWow;
9.4.4. Post, copy, submit, upload, distribute,
or otherwise transmit or make available any software or other computer files
that contain a virus or other harmful component, or otherwise disrupt or damage
OnlyWow and/or Services or any connected network, or otherwise interfere with
any person or entity's use or enjoyment of OnlyWow and/or the Services;
9.4.5. Introduce any trojans, viruses, any other
malicious software, any bots or scrape OnlyWow for any information;
9.4.6. Probe, scan, or test the vulnerability of
any system, security or authentication measures implemented by us or otherwise
tamper or attempt to tamper with our technological design and architecture;
9.4.7. Hack into or introduce malicious software
of any kind onto OnlyWow;
9.4.8. Gain unauthorized access to, or interfere
with, or damage, or disrupt the server on which the details connected to the
Services are stored, or any other server, computer, or database connected to
the Services; or
9.4.9. Engage in any form of antisocial,
disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,”
“trolling,”, “phishing” and “griefing” as those terms are commonly understood
and used on the internet.
9.5. You are prohibited from hosting,
displaying, uploading, modifying, publishing, transmitting, updating or sharing
on or through OnlyWow, any information that:
9.5.1. belongs to another person and to which
You do not have any right;
9.5.2. is harmful, harassing, blasphemous,
defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy,
hateful, relating to or encouraging money laundering or gambling, or otherwise
harmful in any manner whatsoever;
9.5.3. harms minors in any way;
9.5.4. infringes any patent, trademark,
copyright or other proprietary rights;
9.5.5. violates any law for the time being in
force;
9.5.6. deceives or misleads the addressee about
the origin of such messages or communicates any information which is grossly
offensive or menacing in nature;
9.5.7. impersonates or defames another person;
or
9.5.8. contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer resource.
10. INDEMNIFICATION
AND LIMITATION OF LIABILITY
10.1. You agree to indemnify, defend and hold
harmless OnlyWow, its affiliates, officers, directors, employees, consultants,
licensors, agents, and representatives from and against any and all third-
party claims, losses, liabilities, damages, and/or costs (including reasonable
attorney fees and costs) arising from your access to or use of OnlyWow or the
Services, violation of these Terms of Use, or infringement of any intellectual
property or other rights of OnlyWow or any third-party. OnlyWow will notify
you promptly of any such claim, loss, liability, or demand, and in addition to
the foregoing, you agree to provide OnlyWow with reasonable assistance, at
their expense, in defending any such claim, loss, liability, damage, or cost.
10.2. To the fullest extent permitted by law, in
no event shall OnlyWow or any of its directors, officers, employees, agents or
content or service providers (collectively, the “OnlyWow Representatives”)
be liable to you for any direct, indirect, special, incidental, consequential,
exemplary, special, remote or punitive damage, including, but not limited to
damages for loss of profits, goodwill, use, data or other intangible losses
arising from, or directly or indirectly related to, the use of, or the
inability to use, OnlyWow or the content, materials and functions related
thereto, the Services, provision of information via OnlyWow, lost
business, even if such OnlyWow Representatives have been advised of the
possibility of such damages.
10.3. In no event shall OnlyWow Representatives
be liable for:
10.3.1. the use or inability to use OnlyWow
and/or the Services;
10.3.2. any content posted, transmitted,
exchanged or received by or on behalf of any user or other person on or through
OnlyWow;
10.3.3. any unauthorized access to or alteration
of your transmissions of sensitive personal information or other user data; or
10.3.4. any other matter relating to OnlyWow or
the Services.
10.4. OnlyWow is neither liable nor responsible
for any actions or inactions of the other users of OnlyWow or any breach of
conditions, representations or warranties by them. OnlyWow is not obligated to
mediate or resolve any dispute or disagreement amongst two or more users of
OnlyWow.
10.5. None of the directors, officials or
employees of OnlyWow shall be personally liable for any action in connection
with OnlyWow or the Services.
11. ACCESS OUTSIDE THE
REPUBLIC OF INDIA
11.1. OnlyWow makes no representation that the
content on OnlyWow is appropriate to be used or accessed outside the Republic
of India. Any users who use or access OnlyWow from outside the Republic of
India, do so at their own risk and are responsible for compliance with the laws
of such jurisdiction. These Terms of Use do not constitute, nor may these Terms
of Use be used for or in connection with any promotional activities or
solicitation by anyone in any jurisdiction in which such promotional activities
or solicitation are not authorized or to any person to whom it is unlawful to
promote or solicit.
12. TERM AND
TERMINATION
12.1. These Terms of Use shall be effective from
the date of their publication on OnlyWow.
12.2. OnlyWow reserves the right to terminate
the Services in the event of breach of any terms contained in these Terms of
Use, misrepresentation of information, any unlawful activity by you or if
OnlyWow is unable to verify or authenticate any information submitted by you.
12.3. You may terminate these Terms of Use at
any time, provided that you discontinue any further use of OnlyWow or
Services. However, any such termination shall not cancel your obligation to pay
for a product purchased on OnlyWow, or any other obligation which has accrued,
or is unfulfilled and relates to the period, prior to termination.
13. FORCE MAJEURE
13.1. OnlyWow will not be held responsible for
any delay or failure to comply with its obligations if the delay or failure
arises from any cause which is beyond OnlyWow’s reasonable control.
14. WAIVER
14.1. No provision in these Terms of Use will be
deemed waived and no breach excused, unless such waiver or consent is in
writing and signed by OnlyWow. Any consent by OnlyWow to, or waiver of your
breach, whether expressed or implied, will not constitute consent to, waiver
of, or excuse for any other different or subsequent breach.
15. SEVERABILITY
15.1. If any provision of these Terms of Use is
held by a court of competent jurisdiction to be unenforceable under applicable
law, then such provision will be excluded from these Terms of Use and the
remainder of these Terms of Use will be interpreted as if such provision were
so excluded and will be enforceable in accordance with its terms; provided however
that, in such event, these Terms of Use will be interpreted so as to give
effect, to the greatest extent consistent with and permitted by applicable law,
to the meaning and intention of the excluded provision as determined by such
court of competent jurisdiction.
16. GRIEVANCE
REDRESSAL
16.1. You may submit any grievance with respect
to OnlyWow or the Services, including with respect to any abuse on OnlyWow
including any discrepancies or grievances with respect to access or usage of
OnlyWow in violation of these Terms of Use by any person, to the grievance officer at:
Name |
: |
Preeti Koshle |
E-mail ID |
: |
grievanceofficer@onlywow.in |
17. GOVERNING LAW AND
DISPUTE RESOLUTION
17.1. These Terms of Use, all transactions
consummated between OnlyWow and you, and the relationship between OnlyWow and
you is governed by the laws of India, without reference to any conflict of laws
principles and with an exclusive jurisdiction to the courts of Mumbai.
18. AMENDMENT
18.1. These Terms of Use are subject to amendments
and modifications and may be updated from time to time, without any advance
notice. You are requested to regularly review the Terms of Use as available on
OnlyWow. You relationship with OnlyWow will be governed by the most current
version of these Terms of Use, as published on OnlyWow.
19. MISCELLANEOUS
19.1. In addition to these Terms of Use, you
will also ensure that you are in compliance with the terms and conditions of
the third parties, such as bank offers terms and conditions, brand promotional
offers, whose links, if any, are contained/embedded in the Services. You agree
that OnlyWow will not be liable for any transaction between itself and any
such third parties.
19.2. These Terms of Use supersede all previous
oral and written terms and conditions (if any) communicated to you by OnlyWow,
for the use of OnlyWow, and the rights and liabilities with respect to any
Services to be provided by OnlyWow shall be limited to the scope of these
Terms of Use.
20. NODAL OFFICER
Name |
: |
Ayodhya Singh |
Designation |
: |
Nodal Officer |
Email Id |
: |
nodalofficer@onlywow.in |
TERMS AND
CONDITIONS OF SALE
Welcome to OnlyWow!
The terms and conditions of sale as set out
herein (“ Terms of Sale”) constitute an agreement between the
person/ entity listed as seller (“we”, “us” or “our”) on
the portal https://onlywow.in, and
its corresponding mobile application (collectively, “OnlyWow”) and you
(“ you” or “your”) and govern your purchase of the products
(“Product(s)”) from us on or through OnlyWow. By placing an order for
any Product with us or making a purchase of Product, you expressly agree to be
bound by these Terms of Sale.
These Terms of Sale are in addition to various
agreements, Service Terms, Privacy Policy, Terms of Use and all other policies
of OnlyWow. These Terms of Sale constitute an electronic record within the
meaning of the applicable law. This electronic record is generated by a
computer system and does not require any physical or digital signatures.
1. Our Contract of Sale
1.1. Listing and display of a Product by us on
OnlyWow is our invitation to you to make an offer for purchase of such
Product. Likewise, the placement of an order on OnlyWow by you is your offer
to buy the Product(s) from us.
1.2. Once you have placed an order with us for
purchase of a Product, you will receive an e-mail confirming receipt of your
order and containing the details of your order (the “Order Confirmation”).
The Order Confirmation is merely an acknowledgement that we have received your
order and does not signify our acceptance of your offer.
1.3. We only accept your offer and conclude the
contract of sale for a Product ordered by you, when the Product is shipped or
dispatched to you and an e-mail confirmation is sent to you that the Product
has been shipped or dispatched to you (the “Shipment Confirmation”). We
reserve the right, at our sole discretion, to refuse or cancel any order for
any reason whatsoever before sending Shipment Confirmation to you.
1.4. You acknowledge that there may be certain
Products in your order whose actual quantity may not be known at the time of
order placement (for example, fruits, vegetables, etc.). Such Products will
therefore be invoiced based on the exact weight at the time of packaging and
upon dispatch, our Shipment Confirmation will reflect such marginal variance in
the quantity of the Product as against your original order and relevant
adjustment in the invoice amount.
1.5. If your order is dispatched in more than
one package, you may receive separate Shipment Confirmations for each package,
and each Shipment Confirmation and corresponding dispatch will conclude a
separate contract of sale between you and us for the Product(s) specified in
that Shipment Confirmation.
1.6. Your contract is with us and you confirm
that the Product(s) ordered by you are purchased for your internal / personal
purpose and not for re-sale or business purpose. Please note that we sell
Products only in quantities which correspond to the usual requirements of an
average household. This applies both to the number of Products ordered within a
single order and the placing of several orders for the same Product where the
individual orders comprise a quantity typical for a normal household.
1.7. You can cancel your order for a Product at
no cost at any time before we send the Shipment Confirmation relating to that
Product.
1.8. All orders placed on OnlyWow are subject
to the availability of such Product, our acceptance of your offer as per the
above and your continued adherence to these Terms of Sale.
2. Return and Refund
Please review the Returns Policy and Refund
Policy of OnlyWow, which applies to Products sold by us.
3. Product Availability
We list availability information for the
Products on the relevant webpage of OnlyWow. Beyond what we say on that
webpage or otherwise on OnlyWow, we cannot be more specific about
availability. Please note that dispatch estimates are just that. They are not
guaranteed dispatch times and should not be relied upon as such. As we process
your order, you will be informed by e-mail if any Products you order turn out
to be unavailable or out of stock.
4. Product Pricing
4.1. All prices are listed in Indian Rupees.
Price, as displayed, is inclusive of all applicable taxes.
4.2. Products in your shopping cart of OnlyWow
will reflect the most recent price as displayed on the Product’s information
webpage on OnlyWow. Please note that this price may differ from the price
shown for the Product when you first placed it in your shopping cart. Placing a
Product in your shopping cart does not reserve the price shown at that time. It
is also possible that a Product’s price may decrease between the time you place
it in your shopping cart and the time you place the order.
4.3. Subject to paragraph 1.4 above, the prices
mentioned at the time of ordering will be the prices charged on the date of the
delivery. Although prices of most of the Products do not fluctuate on a daily
basis but prices of some of the Products (such as fresh food, vegetables, etc.)
do change on a daily basis. In case the prices are higher or lower on the date
of delivery, no additional charges will be collected or refunded, as the case
may be, at the time of the delivery of the order, except as set out in
paragraph 1.4 above.
5. Licenses
You acknowledge that there may be
licenses/permissions required under the applicable laws to use, purchase or
otherwise possess certain Product(s). You will be solely responsible for
obtaining such licenses/permissions and complying with the terms of such
licenses/permissions.
6. Taxes
You shall be responsible for payment of all
fees/costs/charges associated with the purchase of Products from us and you
agree to bear any and all applicable taxes.
7. Eligibility
Only persons who can enter into legally binding
contracts as per Indian Contract Act, 1872, i.e. persons who are 18 years of
age or older, are of sound mind, and are not disqualified from entering into
contracts by any law, can use OnlyWow and place an order with us. If you are a
minor i.e. under the age of 18 years, you may purchase the Product on OnlyWow
only with the involvement of a parent or guardian.
8. Limitation of Liability
In no event, our aggregate liability, if any,
that is proven and ordered by a court of competent jurisdiction pursuant to a
claim by you or person acting on your behalf, shall extend beyond the refund of
money charged from you for purchases made pursuant to an order under which such
liability has arisen and been established. We will not be responsible for any
business loss (including loss of profits, revenue, contracts, anticipated
savings, data, goodwill or wasted expenditure) or any other indirect or
consequential loss that is not reasonably foreseeable to both you and us when a
contract for the sale of Product by us to you was formed.
9. Amendments
We reserve the right to make changes to our
policies, and these Terms of Sale at any time. You will be subject to the
policies and Terms of Sale in force at the time you order Product from us,
unless any change to those policies or these Terms of Sale is required to be
made by law or government authority (in which case it will apply to orders
previously placed by you). If any of these conditions is deemed invalid, void,
or for any reason unenforceable, that condition will be deemed severable and
will not affect the validity and enforceability of any remaining condition.
10. Force Majeure
We will not be held responsible for any delay or
failure to comply with its obligations if the delay or failure arises from any
cause which is beyond our reasonable control.
11. Waiver
No provision in these Terms of Sale will be
deemed waived and no breach excused, unless such waiver or consent is in
writing and signed by us. Our consent to, or waiver of your breach, whether expressed
or implied, will not constitute consent to, waiver of, or excuse for any other
different or subsequent breach.
12. Governing Law and Dispute Resolution
These Terms of Sale, all transactions
consummated between you and us, and our relationship with you is governed by
the laws of India, without reference to any conflict of laws principles and
with an exclusive jurisdiction to the courts of Mumbai.
13. Miscellaneous
13.1. In addition to these Terms of Sale, you
will also ensure that you are in compliance with the terms and conditions of
the third parties, such as bank offers terms and conditions, brand promotional
offers, whose links, if any, are contained/embedded in the Service Terms or
Terms of Use.
13.2. These Terms of Sale supersede all previous
oral and written terms and conditions (if any) communicated to you by us, for
the purchase of Product.