This document is an electronic record in terms of Information Technology Act,2000 & rules there under as applicable & amended up to date. It is published in accordance with the provisions of Rule 3(1) of Information Technology (Intermediaries guidelines) Rules 2011 that require publishing the rules and regulations, privacy policy & terms of Use regulations, privacy policy & Terms of Use for access or usage of www.ohmerishop.com website.

(A) Terms of Use of Website

(a) Use of this website/platform binds user with its terms & conditions. These terms of use governs your use of our website www.ohmerishop.com (The Website). The website referred to as the “ Platform”.Please read these terms of use carefully before you use the services on this platform. If you do not agree to these Terms of Use, you may not use the services on the Platform. By using the platform you will be contracting with Ohmerishop & your use will signify your acceptance to this Terms of Use & other Ohmerishop polices ( including & not limited to the Cancellation & Refund Policy, Privacy Policy & Take Down Policy) as posted on the platform & amended from time to time, which you use the platform & create a legally binding arrangement to abide by the same.

(b) About us: The platform is owned & operated by Ohmerishop India Private Limited Company incorporated under the Companies Act 2013 & having its registered office at C-4/16, Gali No.-3, Near Jeewan Jyoti School, Sadatpur Extension, Karnal Nagar, Delhi, India. For the purpose of these Terms of Use, wherever the context so requires “you”, “user”, or “User” shall mean any natural or legal person who shall transact on the platform by providing registration data while registering on the platform as a registered user, using any computer systems. The terms “Ohmerishop”, “us” or “our” shall mean Ohmerishop India Private Limited.

(c) We are just intermediary between Buyers & Sellers- Ohmerishop is providing choice to sellers that if they (The Sellers) want to deliver their products to the users then they will deliver & if the sellers has switched off delivery button then they will not deliver their products at that day/those days. Ohmerishop is giving their services only in Delhi. Only the sellers will be responsible for all delivery services & completing Tasks initiated by the users of the platform. Ohmerishop is merely acting as an intermediary between sellers & users and/or Buyers/Traders. For the pickup & delivery services & completing the Tasks The retailer/sellers may charge the users of the platform, a service tax ( Inclusive of applicable taxes whenever not expressly mentioned) determined on various factors including but not limited to distance covered, time taken, demand for delivery services/Tasks, real time analysis of traffic & weather conditions, seasonal peaks as such other parameters as may be determined from time to time.

(B) Terms & Conditions can be modified by us.

These Terms & Conditions of Use are subjects to modifications. We reserve the right to modify or change these Terms of Use & the other Ohmerishop policies at any time by posting modified documents on the platform & notifying you of the same for your perusal. You shall be liable to update yourself of such changes if any by accessing the same. You shall, at all times, be responsible for regularly reviewing the Terms of Use & the other Ohmerishop policies. As lay as you comply with these Terms of Use, Ohmerishop grants you a personal, non-exclusive, non-transferrable, limited privilege to Access, enter & use the platform. By accepting these Terms of Use, you also accept & agree to be bound by the other terms & conditions & Ohmerishop policies (including but not limited to Cancellation & Refund policy, Privacy Policy & Notice & Take Down Policy) as may be posted on platform from time to time.

(C) Use of Platform & its Services

- Commercial contract between buyers & sellers-

(a) All commercial/contractual terms are offered by & agreed to between buyers & traders/sellers alone with respect to products & services being offered by the Traders/Sellers. The commercial/contractual terms include without limitation, price, applicable taxes, shipping costs, payment terms, date, period & mode of delivery, warranties related to products & services Ohmerishop does not have any contract or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers & Traders/Sellers. The price of the product & services offered by the Traders/Sellers itself & Ohmerishop has no role to play in such determination of price in any way whatsoever.

(b) Upon acceptance of any order or Task by the Traders/Sellers, the delivery services or Task completion services (as the use may be) undertaken by him/her, shall constitute a separate contract for services between Traders/Sellers & users. Ohmerishop shall not be responsible for the services provided by the Traders/Sellers through the Platform. Ohmerishop will give the option to the sellers to accept the payment in terms of credit cards, Debit Cards, Online payments etc.

(c) Ohmerishop neither make any representation or warranty as to specific (such as quality, value, suitability etc) of the products or services promised to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Ohmerishop accepts no liability for any errors or omission whether on behalf of itself or third parties.

(d) Ohmerishop does not make any representation, warranty with respect to any aspect of the services being provided by the Traders/Sellers/Retailers. Ohmerishop can not & does not guarantee that the concerned Buyers & Traders/Sellers will perform any transaction concluded on the Platform. Ohmerishop is not responsible for unsatisfactory or non performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

(e) Ohmerishop is operating on online market place & assumes the role of facilitator & does not at any point of time during any transaction between Buyer & the Traders/Sellers/Retailers on the platform come into or take possession of any of the products or services offered by the Traders/Sellers. At no time shall Ohmerishop hold any right, title or interest over the products nor shall Ohmerishop have any obligations or liabilities in respect of such contract entered into between Buyer & Traders/Seller.

(D) User binds with these principles of Ohmerishop website

You agree, undertake & confirm that your use of Platform shall be strictly governs by the following binding principles.

(a) You shall not host, display, upload or share any information which;

• infringes upon or violates any third party’s rights including, but not limited to intellectual property rights, rights of privacy ( including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity. promotes an illegal or unauthorized copy of another person’s copyrighted work (see copyright complaint about uploaded copyrighted material, such as providing pirated computer programs or links to them, providing information to circumvent manufacture installed copy protect devices or providing pirated music or links to pirated music files.
• is grossly harmful, harassing, blasphemes, defamatory, obscene, pornographic, pedophile, libelous, slanderous, criminality , inciting or invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging , relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever; 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;
• is misleading or misrepresentative in any way; is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry , hatred or physical harm of any kind against any group or individual;
• promotes, illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• involves the transmission of “ Junk mail”, “ Chain letters” or unsolicited mass mailing or “ spamming”;
• harasses or advocates harassment of another person;
• belongs to another person & which you do not have any right to;
• Contains restricted or password only access pages or hidden pages or images ( those not linked to or from another accessible page);
• Provides instructional information about illegal weapons, violating someone’s privacy or providing or creating computer viruses;
• Provides material that exploits people in a sexual , violent or otherwise inappropriate manner or solicits personal information from anyone;
• Contains video photographs or images of another person ( with a minor or an adult without their permission);
• Tries to gain unauthorized access or exceeds the scope of authorized access to the platform or to profiles, blogs, communities, account information, bulletins, friend request or other areas of the platform or solicits passwords or personal identifying information for commercial for unlawful purposes from other users.
• Engages in commercial activities and for sales and without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes or the buying or selling of product related to the Platform. Throughout these terms of use, Ohmerishop’s prior written consent means a communication coming from Ohmerishop’s Legal Department, specifically in response of your request, & expressly addressing & allowing the activity or conduct for which you seek authorization;
• interferes with another user’s use & engagement of the Platform or any third party’s user & engagement of similar services;
• Solicits gambling or engages in any gambling activity which is or would be constructed as being illegal;
• infringes any patent, trade mark, copyright or other intellectual property rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
• impersonate another person; (18) refers to any website or URL that , in our sole discretion contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the latter or spirit of these Terms of Use;
• violets any law for the time being in force;
• deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• harm minors in any way;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource’s or contains any trogen horses, worms, time bombs, cancel bets, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
• 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 criminal offence or prevents investigation of any offence or is insulting any other nation;
• is false inaccurate or misleading;
• directly or indirectly offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provision of any applicable law, rule regulations or guidelines for the time being in force; or creates liability for us or causes us to lose ( whole or in part) the services of our internet service provider, or other suppliers

(b) You shall not make any negative, denigrating or defamatory statement(s) or comment (s) about us or the brand name or domain name, used by us including the name “Ohmerishop” or otherwise engage in any conduct or action that might tarnish the image or reputation, of “ Ohmerishop” or Merchant or Platform or otherwise tarnish or dilute any Ohmerishop’s trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us. You agree that you will not take nay action that impugns as unreasonable or disproportionately large load on the infrastructure of the Platform or Ohmerishop’s systems or networks connected to Ohmerishop;

(c) you shall not attempt to give unauthorized access to any portion or feature of the Platform, of any systems or networks connected to the Platform. You may not reverse look up, trace any information on any other user of or visitor to Platform, or any other Buyer including any account on the Platform or any service, or explicit the Platform, in any way where the purpose is to reveal any information including but not limited to personal client fixation or information, other then your own information, as provided for by the Platform;

(d) you shall not use any “ depinlink”, “ pageserape”, “ rebat”, “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 , we reserve us right to prohibit any such activity;

(e) you agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform or with any other’s person use of the Platform;

(f) you may not forge headers or otherwise manipulate identifiers in order to disguise the origin of my any message or transmitted you send to us on or through Platform or any service offered on or through the Platform. You may not pretend that you are or that you represent someone else or impersonate any other individual or entity;

(g) you shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of the Information Technology Act, 2000 & the rules thereunder, (b) all applicable domestic laws, rules & regulations ( including the provisions of any applicable exchange laws, statues, ordinances & regulations ( including but not limited to sales tax/VAT, income tax, Octroi, service tax, central excise, custom duty, local levies) regarding your use of our service & your listing, purchase, solicitation of offers to purchase & sale of products or services you shall not engage in any transaction in an item or service , which is prohibited by the provisions of any applicable law including exchange central laws or regulations, for the time being in force;

(h) you may not use the Platform or any intent on the Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity that infringes the rights of “ Ohmerishop” & /or others;

(i) you shall not engage in advertising their solicitation of , other users of the Platform its by or sell any products or services including but not limited to products or services related to that being displayed on the Platform or related to us . You may not transmit any chain letters or unsolicited commercial or junk email to other others users via the Platform;

(j) in order to allow us to use the information supplied by you, without violating your rights of any laws, you agree to grant us a non-exclusive , worldwide, perpetual, irrevocable , royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright , publicity, database rights on any other on any right you have in your information, in any media not known or not currently known with respect to your information in accordance with these Terms of Use & Privacy Policy applicable to use of the Platform from time to time, you shall be responsible for providing information relating to the products or services proposed to be sold by you . In this connection, you undertake that all such information shall be accurate in all respects. Your shall not exaggerate or overemphasize the attributes of such products or services so as to mislead other users in any manner;

(k) It shall be violation of those Terms of Use to use any information obtained from the Platform in order to conduct, advertise to, solicit, or sell to another person other than us without our prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a user may send to other users in any 24 hours period which we deem appropriate in its sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order. In addition , we can( and you hereby expressly authorize us to) disclose any information abut you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation &/or resolution of possible crimes, especially those that may involve personal injury;

(l) We reserve the right, but has no obligation to monitor the materials posted on the Platform. Ohmerishop shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, you remain solely responsible for the content of the material you post on the Platform & in your private messages. Please be advised that such content posted does not necessarily reflect Ohmerishop views. In no evetnt shall Ohmerishop assume or have any responsibility or liability for any content posted or for any claims, damages, or losses resulting from use of content & for appearance of content on the Platform. You herby represent & warrant that you have all necessary rights in & all content which you provide & all information its contains & that such content shall not infringe any proprietary or other rights of third party or contain any libelous, tortuous, or otherwise unlawful information;

(m) Your correspondence or business dealings with or participation in promotion of , advertisers found on or through the Platform including payment & delivery of related products or services, & any other terms, conditions, warranties or representations associated with such dealings , are solely between you & such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform;

(n) It is possible that other users(including unauthorized users or hackers) may post or transmit offensive or obscene materials on the Platform & that you may be involuntarily exposed to such offensive & obscene materials. It also is possible for others to obtain personal information about you due to your use of the Platform , & that the recipient may use such information to harass or injure you . We do not approve of such unauthorized uses, but by using the Platform you acknowledge & agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform;

(o) Ohmerishop shall have all the rights to take necessary actions & claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally in Dos/DDes ( Distributed Denial of Services), lacking, pen testing attempts without our prior consent or a mutual legal agreement.

(E) How do you create your account on our Platform?

(a) You may access the Platform by registering to create an account ( “ Ohmerishop Account”) & become a member. You can choose any membership plan from the Membership Plan list. The Membership is limited for the purpose & are subject to the terms & strictly not transferable.

(b) We will create you Ohmerishop Account for your use of the Platform services based upon the personal information you provide to us. You can only have one Ohmerishop Account for one shop of yours & are not permitted to create multiple accounts. Ohmerishop reserves the right to suspend such multiple accounts without being liable for any compensation where you have created multiple accounts on the Platform.

(c) You agree to provide accurate, current & complete information during the registration process & update such information to keep it accurate, current & complete.

(d) We reserve the right to suspend or terminate your Ohmerishop Account & your access to the services (i) in any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other users or us; &/or (iii) if you are found to be non –complaint with the Terms of Use or other Ohmerishop policies.

(e) You are responsible for safeguarding your User ID, Password or any other personal information . You agree that you will not disclose your password( or any secret information which may harm you in any way) to any third party & that you will take sole responsibilities for any activities or actions under your Ohmerishop Account, whether or not you have authorized such activities or actions. You will immediately notify us any unauthorized use of your Ohmerishop Account.

(f) Goods & Services purchased from the Platform are intended for your personal use & you represent that the same are not for resale or you are not acting as an agent for other parties.

(F) Order Booking & Financial Terms

(a) The Platform allows the Buyers to place orders & upon acceptance of such orders by the Traders, Ohmerishop would, subject to the terms & conditions set out herein , not facilitates delivery of goods or services. Delivery will be done by the Traders/Sellers only. It is the Merchant’s responsibility to complete the task or order . Ohmerishop has given the Sellers a facility to deliver the orders themselves. The retailers/sellers will specify to their particular page that they are doing delivery that day or not. If they are doing delivery that day & the users/customers placed their orders than its completely will be the retailer’s responsibility to deliver the product/order according to his own delivery policy. Ohmerishop is not responsible for any delay, payment, liability or anything related to delivery.

(b) Ohmerishop does not own, sell, resell on its own such products offered by the Traders or the related services provided in connection therof. Buyers understands that any order that he/she places shall be subject to the terms & conditions set out in these Terms of Use including, but not to, product availability, delivery location service ability, & acceptance of orders by Traders/Venders/Retailers.

(c) However upon Buyer’s successful completion of booking order, Traders/Sellers/ Retailers may call the Buyer on the telephone or mobile number provided to confirm the detail of such order, price to be paid & the estimated delivery time for this purpose, Buyers will be required to share certain information with us, including but not limited to Buyer’s (i) first & last name (ii) mobile number; & (iii) email address. It shall be Buyer’s sole responsibility to bring any incorrect details to our attention.

(d) To addition foregoing the Merchant/Seller/Retailer may also contact you by phone & /email to inform & confirm any change in the order, due to availability or unavailability or change in order or change in price of any item in the order as informed by the Merchant/Seller/Retailers. Please note that any change or confirmation of the order shall be treated as final. It is clarified that Ohmerishop reserves the right to not to process Buyer’s order in the event Buyer or Merchant/Seller/Retailer is unavailable on the phone or any other means of communication at the time when we call you for confirming the order & such event the provision of Cancellation & Refund Policy shall be applicable.

(e) All the payments made against the orders or services on the Platform or Services on the Platform by you shall be compulsory in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency with respect to the orders or services made on Platform. You can pay by (i) Credit Card or debit card on net banking (ii) any other RBI approved payment method at time of booking an order; or (iii) credit or debit card or cash at the time of delivery. You understand, accept & agree that the payment facility provided by Ohmerishop is neither a banking nor financial service but is merely a facilitator providing an electronic, automatic online electronic payment, receiving payment on delivery, collection & remittance facility for the transaction on the Platform using the existing authorized banking infrastructure & credit card payment gateway networks. Further, by providing payment facility, Ohmerishop is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.

(f) Buyers acknowledge & agree that Ohmerishop acts as the Traders payment agent for the online payment only. Ohmerishop does not play any role in cash payment received by Traders/Sellers/Retailers on any order. Please note that we can not control any amount that may be charge to Buyer by his/her bank related to our collection of total amount, & we disclaim all liability in this regard.

(g) Disclaimer ; Prices on any product (s) as reflected on the Platform may due to some technical issue, typographical error or product information supplied by Merchant be incorrectly reflected & in such an event Merchant may cancel Buyer’s order(s).

(G) Cancellation & Refund Policy

(a) Ohmerishop clearly mentions here that any cancellation of any product from any Merchant/Seller/Retailer will be the sole responsibility of the Merchant/Seller/Retailer from where the Buyer placed its order. Ohmerishop is just a mediator to connect the Customer/Buyer to their Retailer/Seller/Merchant. The terms & conditions of the Retailer will work in Cancellation & Refund Process. So the Buyers are suggested to get the information from the Merchant/Seller/Retailer about the Cancellation & Refund Policy. The details of the Product & price list available on the Platform are based on the information provided by Seller/Retailer & Ohmerishop shall not be responsible for any change or cancellation or unavailability.

(b) Buyers & Retailers agree & acknowledge that Ohmerishop is not responsible for any liability arising out of deliver services provided to them.

(c) Buyers/Customers understands that delivery time quoted at the time of confirming the order is an approximate estimate & may vary based on the information obtained form Retailer/Sellers. Ohmerishop will not be responsible for any delay in the delivery of an order.

(d) Buyers/Customers shall be required to provide credit or debit card details to the approved payment gateways while making the payment on the Platform. In this regard, Buyer agrees to provide correct & accurate credit/debit cared details to the approved payment gateways for availing the services. Buyer shall not use the credit/debit card which is not lawfully owned by Buyer, ie in any transaction, Buyer must use his/her own credit/debit card. The information provided by the Buyer will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulations or court order. Buyer shall be solely responsible for the security & confidentiality of his/her credit/debit card details . We expressly disclaim all liabilities that may arise as a consequence of unauthorized use of your credit/debit card.

(e) If any refund will be agreed by the Merchant/Retailer/Seller to the customer/user after all the terms & conditions then it will be the Merchant’s/ Retailer’s/Seller’s solely responsibility to refund the amount to their customer. Ohmerishop does not take any commission from Traders/Retailer/Seller , so it is not the responsibility of Ohmerishop to refund any amount to Buyers/Customers.

(H) Policy to handle your bank balance

Ohmerishop will take the amount of your online orders into Ohmerishop’s official bank account. As there is no provision to give separate payment gateways to separate shopkeepers/vendors/merchants, so it becomes necessary to take all the online payments in Ohmerishop’s official bank account.

Ohmerishop is informing/announcing here to the shopkeepers/vendors/merchants that the payment gateway provider will charge for their payment gateway services & Ohmerishop is not taking any charges from the shopkeepers/vendors/merchants except the membership charges. So the charges of payment gateway providers will be paid by the shopkeepers/vendors/merchants.

Your customers/users will pay in Ohmerishop’s official bank account then Ohmerishop will pay you back as per your orders, after deduction of the payment gateway provider’s charges. By filing the Vendor Detail Form, it will be considered that you agree to pay the payment gateway provider’s charges.

For Example- If your customer is paying online then after deduction of all the charges Ohmerishop will pay the shopkeeper( from where the user/customer has purchased the product) his amount in his given bank account. The amount of shopkeeper’s orders will be transferred to their shop’s official bank account which they have given the details of that bank account in Vendor Details Form.

Ohmerishop is introducing a different concept for the welfare of the local shopkeepers. That is why Ohmerishop is not charging anything except the membership charges. So as a result the shopkeeper has to pay their payment online in Ohmerishop’s official bank account, so that Ohmerishop can give you the option to take the payment of your customers online also.

Please read the Vendor Detail Form carefully because we have mentioned this in the Vendor Details Form also. If a shopkeeper fills the Vendor Detail Form & agrees all the terms & conditions then it will be considered that the shopkeeper/vendor/merchant agrees to pay all the service charges like payment gateway provider’s charges, Bank charges etc.

Vendors are advised & requested to handle their cancellation, refunds & returns very carefully. Please refund your customer’s payment on time which you have mentioned on your shop’s page. It will maintain your shop’s as well as Ohmerishop’s image, goodwill & quality also.

Please deliver your product on time which you have mentioned on your shop’s page.

Please get in touch with your customer to give them the satisfaction of their online ordered product.

(I) No Endorsement by Ohmerishohp

We do not choose any Retailer/Seller. In addition, although these Terms of Use require you to provide accurate information, we do not attempt to inform & do not confirm if it is proposed identity. We will not be responsible for any damage or harm resulting from your interactions with other members. By using the services, you agree that any legal remedy or liability that you seek to obtain, your actions or omissions of other members or other third parties will be limited to claim against the particular members or other third parties who caused you harm & you agree not to attempt or impose liability on, or seek any legal remedy from us with respect to such actions or omissions.

(J) General Information

(a) Who can use our Platform ? Persons who are “ incompetent to contract’ within the meaning of the Indian Contract Act, 1870 including minors, undercharged, insolvents etc are not eligible to use the Platform. Only individuals who are 18 years of age or older may use the Platform & avail Services.

(b) Place of our services: As we are providing services in Delhi, in India, we have complied with applicable laws of India in making the Platform & its content available to you. In the event the Platform is accessed from outside India or outside Delhi, it shall be entirely at your own risk . We make no representation that the Platform & its content are available or otherwise suitable for use outside Delhi. If you choose to use the Platform from or in locations outside Delhi, you do so on your own & shall be responsible for the consequences & ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorizations, rules & guidelines.

(c) Use of Computer or mobile devise: You shall at all times be responsible for the use of the Services through your computer or mobile devise & for bringing these Terms of Use & Ohmerishop policies to the attention of all such persons accessing the Platform on your computer or mobile device.

(d) Use of Internet & Telecommunication link: You understand & agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand & acknowledge that the use of Platform requires internet connectivity & telecommunications link. You shall bear the costs incurred to access & use the Platform & avail the services, & we shall not , under any circumstances whatsoever, be responsible or liable for such costs.

(e) Promotional SMS & email by us: You agree & grant permission to Ohmerishop to secure promotional SMS & emails from Ohmerishop or allied partners.

(f) Assurances & warranties by user: By using the Platform you represent & warrant that;

• All registration information you submit is truthful, lawful & accurate & that you agree to maintain the accuracy of such information.
• Your use of the Platform shall be solely for your personal use & you shall not authorize others to use your account, including your profile or email address & that you are solely responsible for all content published or displayed through your account, including any email messages, & your interactions with other users & you shall abide by all applicable local, state, national & foreign laws, treaties , regulations, including those related to data privacy, international communication & the transmission of technical or personal data.
• You will not submit post, upload, distribute or otherwise make available or transmit any content that ; (a) is defamatory, obscene, harassing, insulting, threatening or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person’s (b) is bigoted, hateful or racially or otherwise offensive; (c ) is violent, vulgar, obscene, pornographic or otherwise sexually advocates illegal activity or the discussion of illegal activates with the intent to commit them.
• All necessary licenses, consents, permissions & rights are owned by you & there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these Terms of Use, & Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy & publicity rights &/or other proprietary rights contained in any content that you submit, post, upload, distribute or otherwise transmit or make available.
• You will not (a) use any services provided by the Platform for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise ( whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations), or use any public forum for commercial purposes of any kind. In the event you want to advertise your product or service contact contact@ohmerishop.com
• You will not use the Platform in any way that is unlawful, or harm us or any other person or entity, as determined in our sole discretion.
• You will not post, 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 impair or damage the Platform or any connected network, or otherwise interfere any person or entity use or enjoyment of the Platform.
• You will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image, or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
• You will not engage in any form of antisocial, disrupting, or destructive acts including “flaming”, “ spamming”, “ flooding”, “trolling”, & “griefing” as these terms are commonly understood & used on the internet.
• You will not discriminate against any Traders, Buyers, Retailers & users on race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender, identity, age or any other metric which is deemed to be unlawful under applicable laws. Any credible proof of such discrimination, including any referral to provide or receive goods or services based on the above metrics, whether alone or in conjunction with any other metric, whether lawful or unlawful, shall render you liable to lose access to the Platform immediately. You will not have any liability towards any termination which is undertaken as a result of aforementioned event.
• You will not delete or modify, any content of the Platform, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
• You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary ot our interest.
• You shall not access the Platform without authority or use the Platform in a manner that damages, interferes or disrupts any part of the Platform or the Platform software, or any equipment or any network on which the Platform is stored or any equipment of any third party.
• You realize & fully indemnify Ohmerishop &/or any of its officers & representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform & specifically waive any claims that may have in this behalf under any applicable laws of India note with standing its reasonable efforts in that behalf , Ohmerishop can not take responsibility or control the information provided by other Users which is made available on the Platform. You may mind other user’s information to be offensive, harmful, inconsistent, in accurate, or deceptive. Please use caution & practice safe trading when using the Platform.

(K) Access to the Platform, Accuracy & Security

(a) We endeavor to make the services available during Merchant working hours. However, we do not represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or other harmful components of that such defects will be corrected.

(b) We do not warrant that the Platform will be compatible with all hardware & software which you may use. We shall not be liable for damage to , or viruses or other code that may affect, any equipment ( including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Platform or your obtaining any material from, or as a result of using the Platform. We shall also not be liable for the actions of third parties.

(c) We do not represent or warranty that the information available on the Platform will be correct, accurate, or otherwise reliable.

(d) We reserve the right to suspend or withdraw access to the Platform to you personally, or to all users temporarily or permanently at any time without notice, we may any time at our sole discretion reinstate suspended users. A suspended User may not register or attempt to register with us or use the Platform in any manner whatsoever until such time that such user is reinstated by us.

(L) Disclaimers on behalf of Ohmerishop

• The Platform may be under constant upgrades, & so some functions & features may not be fully operational.
• Due to vagaries that can occur in the electronic obstruction of information & due to limitations inherent in providing information obtained from multiple services, there may be delays, omissions or inaccuracies in the content provided on the Platform or delay or errors in functionality of the Platform, as a result, we do not represent that the information posted is correct in every case.
• We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/debit cards.
• You acknowledge that third party services are available on the Platform, we may have formed partnerships or alliances with some of these third parties from time to time. In order to facilitate the provision of certain services to you, however you acknowledge & agree that at no time are we making any representation or warranty regarding any third party’s services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, & not limited to any liability or responsibility for death, injury or impairment experienced by you or any third party, you hereby disclaim & waive any rights & claims you may have against us with respect to third party’s / Traders/Retailers/Sellers.
• Ohmerishop disclaims & all liability that may arise due to any violation of any applicable laws including the law applicable to products & services offered by the Sellers/Retailers.
• While the materials provided on the Platform were prepared to provide accurate information regarding the subject discussed, the information contained in these materials is being made available with the understanding that we make no guarantee, representations or warranties whichever, whether expressed or implied with respect to professional qualifications, expertise, quality of work or other information herein. Further, we do not, in any way , endorse any service offered or described herein. In no event shall we be liable to you or any third party for any decision made or action taken in reliance on such information.
• The information provided hereunder is provided “ As Is” . We &/or our employees make no warranty or representation regarding the timeliness, content, sequence, accuracy, effectiveness or completeness or any information or data furnished hereunder or that the information or data provided hereunder may be relied upon Multiple responses may available form different sources & it is left to the judgment of users based on their specific circumstances to use, adept, notify or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving us as well as our consultants, business associates affiliated, business partners & employees from any kind of professional liability.
• We shall not be liable to you or anyone else for any losses or injury arising out of or relating to the information provided on the Platform. In no event will we or our employees , affiliated, authors or agents be liable to you or any third party for any decision made or action taken by your reliance on the content contained herein.
• In no event will we be liable for any damages (including without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, & damages resulting form lost profits, lost data or business interrupted), resulting any services provided by any third party or Retailer/Seller accessed through the Platform, whether based on warranty, contract, tort or any other legal theory & whether or not we are advised of the possibility of such damages.

(M) Intellectual Property

(a) We are either the owner of intellectual property right or have the non-exclusive, worldwide, perpetual , irreversible, royalty free, sub-licensable (through multiple tiers) right to exercise intellectual property, in the Platform & in the material published on it including but not limited to user interface, layout format, order placing process flow & any content thereof.

(b) You recognize that Ohmerishop is the registered owner of the word mark” Ohmerishop” & the layer including but not limited to its variants & shall not directly or indirect, attack or assist another in attacking the validity of , or Ohmerishop’s or its affiliates proprietary rights in, the licensed marks or any registrations thereof, or file any applications for the registration of the licensed marks or any names or layers derived from or confusingly similar to the licensed mark’s & variation thereof in another language, in respect of any products/services & in any territory throughout the world. If you become aware or acquire knowledge of any infringement you shall report the same at our email id with all relevant information

(c ) You may part off one copy, & may download extracts, of any page(s) from the Platform for your personal reference & you may draw the attention of this within your organization to material available on the Platform.

(d) You must not modify the paper or digital copies of any material you have printed off or downloaded in any way, & you must not use any illustration, photographs, video or audio sequences or any graphics separately from any accompanying text.

(e) You must not use any pact of the materials on the Platform for commercial purposes without obtaining a license to do so from us or our licensors.

(f) If you print off copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately & you must, at our option, return or destroy any copies of the materials you have made.

(N) Treatment of Information provided by User

We process information provided by you to us in accordance with our Privacy Policy.

(O) Third Party Contract

We cannot & will not access that other users are or will be complying with the foregoing rules or any other provisions of their Terms of Use, & as between you & us, you hereby assume all risk of harm or injury resulting from any such lack of compliance .

You acknowledge that when you access a link that leaves the Platform the site you will enter into is not controlled by us & different terms of us & privacy policy may apply. By accessing links to other sites, you acknowledge that we are not responsible for those sites . We reserve the right to disable links to &/ or from third party sites to the Platform, although we are under no obligation to do so.

(P) Rule of Severability

If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reasons of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent & within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed & deleted & remaining Terms of Use shall survive, remain in full force & effect & continue to be binding & enforceable.

(Q) Non Assignment

You shall not assign or transfer or purport to assign or transfer the contract between you & us to any other person.

(R) Governing Law & Dispute Resolution

These Terms of Use are governed by the laws of India. Any action, suit or other legal proceeding, which is commenced to resolve any matter arising under or relating to the Platform, shall be subject to the jurisdiction of the courts at Delhi, India.

(S) IP Notice & Take Down Policy

Ohmerishop has put in place IP Notice & ( “Take Down Policy”) so that intellectual property owners could easily report listings that infringe their right to ensure that infringing product are removed from the site, as they erode Buyer & good seller trust.

Only the intellectual property rights owner can report potentially infringing products or listing through Take Down Policy by way of Notice of Infringement in the specified format. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner & encouraging them to contact us .

Note: Ohmerishop does not & cannot verify that Retailer/Seller have the right or ability to sell or distribute their listed products or services. However Ohmerishop is committed to ensure that item listings do not infringing upon intellectual property rights of third parties once an authorized representative of the rights owner properly reports them to Ohmerishop.

(T) Limitation of liability

In addition to other limitation & exclusions in Ohmerishop’s conditions of use & sale , in no event will we or our Directors, Officers, Employees, Agents or other representatives be liable for any direct, indirect, special, incidental, consequential or punitive damages of any kind, arising out of or related to Ohmerishop. Our total liability, whether in contract or otherwise, will not exceed the lost membership fee you paid. These exclusive & limitations of liability will apply to the fullest extent permitted by law & will survive correlation or termination of your Ohmerishop Membership.

(U) Notice & Take Down Policy Template & Procedure

Reporting instances of Intellectual Property Violations, To file a notice of infringement with Ohemrishop, you must provide a written communication (by email or regular mail) that sets out the information specified in the list below. Please note that you will be liable for damages( including costs & lawyer’s fees) if you materially misrepresent that material is infringing your intellectual property right(s). Accordingly if you are not sure if you are the proprietor of the intellectual property right(s) we suggest you first contact a lawyer.

To expedite our ability to process your request, please use the following format

Identify with sufficient detail the protected work that you believe has been infringed. This includes identification of the web page or specific posts, as opposed to entire sites. Posts must be referenced by either the dates in which they appear or by the permalink of the post. Include the URL to eh concerned material infringing your intellectual property right(s) ( URL of a website or URL to a post ,with title, date, name of the emitter &, or link to initial post with sufficient data to find it.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity & that is to be removed or access to which is to be disabled, & information reasonably sufficient to permit Ohmerishop to locate the material ;

Information reasonably sufficient to permit Ohmerishop to contact the complaining party, such as address, telephone number,& if available , an email address at which the complaining party may be contacted.

The following mandatory statement “ I have a good faith belief that use of the material in the manner companied of is not authorized by the intellectual property right(s) owner, its agents, or the law”,

The following mandatory statement “ I swear under penalty of perjury, that the information in the notification is accurate & that I am the intellectual property right(s) owner or authorized to act on behalf of the owner of an exclusive intellectual property right(s) that is allegedly infringed;

sign the document with either your physical or electronic signature; & send the written communication to Email to grievances@ohmerishop.com

Format of Notice of Infringement
To,
Ohmerishop India Private Limited,
C-4/16, Gali No.-3, Sadatpur Extension,
Karawal Nagar,
Delhi-110094
Karawal Nagar,
Delhi-110094
I, ………………………………… of ………………………………… do solemnly & sincerely declare as follows:
1) I am the owner of certain intellectual property rights, intellectual property rights, said owner being named …………………………………(“If Owner”)
2) I have a good faith belief that use of the material in the complained of is not authorized by the intellectual property right(s) owner, its agent, or the law therefore infringe the IP Owner’s rights. Please expeditiously remove or disable access to the material claimed to be infringing.
3) I may be contacted at
Name …………………………………
Designation/Title & Company …………………………………
Postal Address( with Pin Code) …………………………………
Email Address ………………………………… ( Correspondence)
Telephone/Fax …………………………………
I swear under penalty of perjury , that the information in the notification is accurate ,& that I am the intellectual property right(s) owner or am authorized to act on behalf of the owner of an exclusive intellectual property right(s) that is allegedly infringed & I make this declaration conscientiously believing it to be true & correct. Declared by …………………………………
On …………………………………
At …………………………………
Truthfully Signature …………………………………

( Important Note (a) Ohmerishop shall be unable to process requests which do not specify exact product IDs or URLs Please do not provide links to browse pages or links of search queries as these pages are dynamic & their content change with time (b) Ohmerishop shall not consider an incomplete request (c ) Ohmerishop”s response to such request will include removing or disabling access to material claimed to be the subject of infringing activity for a detailed terms of use of our platform please visit https://www.ohmerishop.com/terms-and-conditions/