Welcome to O&I!

The ecommerce website www.theoddandimperfect.com (“O&I”) and the corresponding mobile applications (collectively called “Platforms”), are managed and operated by Ukiyo Lifestyle hereinafter referred as “O&I”, “we”, “us” or “our”.

Any natural or legal person (“you” or “your”) who accesses and/or uses the Platforms in any manner or uses any current or future service or functionality or offer (“Service”) made available on the Platforms will be subject to these Terms & Conditions (“Terms”) for use of the Platforms as updated from time to time. By the mere use of the Platforms, you shall be contracting with Ukiyo Lifestyle. These terms and conditions constitute binding obligations between you and O&I.

These Terms and Conditions constitute an electronic record within the meaning of the Information Technology Act, 2002. This electronic record is generated by a computer system and does not require any physical or digital signatures. Please read these Terms carefully before using or accessing the Platforms or availing any Service. By using the Platforms or availing any Service, you signify your agreement to be bound by these Terms and Conditions.

For the purposes of these Terms and Conditions, “Products” shall mean the diverse range of fashion products listed on the Platforms from time to time and other products offered for sale to you on the Platforms.

By using the Platforms and its services, you agree to the following terms and conditions ("Terms & Conditions"). Please read them carefully.

 

1. General

​

1.1 The terms and conditions (“Terms & Conditions”)  for usage of the Platforms as set out herein specifically govern your access and use of the Platforms, which allow you to discover, select and buy Products listed on the Platforms at the indicated price at any time, from the locations serviceable by us.

1.2 Please note that we may from time to time, modify the Terms & Conditions that govern your use of the Platforms. Every time you wish to use our Platforms, please check these Terms & Conditions to ensure that you understand the terms and conditions that apply at that time. Further, please note that we reserve the right to either change the format and the content of the Platforms or suspend the operation of the Platforms for support or maintenance work, in order to update the content or for any other reason, at any time.

1.3 The accessing, browsing, or otherwise using the Platforms indicates your agreement to these Terms and Conditions, the Privacy Policy and any other policies or guidelines that may be applicable to the Platforms at the time of your access and usage of the Platforms and which may be updated from time to time (collectively, the “Agreement”).

1.4 We authorize you to view and access the Platforms solely for identifying Products, carrying out purchases of Products and processing cancellation, returns and refunds, in accordance with the Cancellation, Exchange, Return and Refund Policy. We therefore grant you a limited, revocable permission to access and use the Services.

1.5 By accepting this Agreement, you confirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement. If a user is below 18 (Eighteen) years of age, it is assumed that he/she is using/browsing the concerned Platform under the supervision of his/her parent or legal guardian and that such user’s parent or legal guardian has read and agrees to the terms of this Agreement, including the terms of purchase of Products on behalf of the minor user. In the event we are made aware that a user is under the age of 18 and is using/browsing the Platform without the supervision of his/her parent or legal guardian, we reserve the right to deactivate such user’s account without further notice.

1.6 Unless otherwise specified, the products on the Platforms are directed solely at those who access the Platforms from India. O&I makes no representation that the Products or Services referred to on the Platforms are appropriate for use, or available outside India. Those who choose to access the Platforms from outside India are responsible for compliance with the local laws if and to the extent local laws are applicable. O&I will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India, except where in additional terms and conditions are provided which are product specific or order specific, these terms and conditions supersede all previous representations, understandings, or agreements, if any, and shall prevail notwithstanding any variance with any other terms of any order submitted.

​

2. Account Registration, Information and Obligations

​

2.1 In order to purchase Products on the Platforms and/or avail Services thereof, you can register on the Platform. Registration is a one-time process and is free of cost.

2.1.1 You may register on O&I Platforms in one of the following ways:

a. Creating an O&I account: by providing the relevant information for the creation of your account on the Platforms and after filling in the necessary forms and providing the necessary details as may be required by us at the time of your registration. Following this, an account with an exclusive username and password (basis your inputs) will be created by O&I for you.

b. Using a third-party account: You may use the login credentials of the account maintained by you with a O&I-integrated third-party (illustratively, Google or Facebook), in which case you will also be subject to the relevant third-party terms and conditions applicable to such account.

2.1.2 You may register on successful mobile OTP (One Time Password) verification if the feature is available and you will be eligible to further access and avail the Services after filling in the necessary forms and after providing the necessary details as may be required by us at the time of your registration.

2.2 You will be required to provide “Your Information” to us in the registration, buying or other processes, or in the feedback area or through any other means, including the e-mail feature. We will protect Your Information in accordance with our Privacy Policy.

2.3 You agree to:

a)  Provide true, accurate, current and complete information about yourself that may be required during the registration, buying or other processes on the Platforms.

b) Ensure that Your Information is maintained and promptly updated to keep it true, accurate, current and complete. In case any information provided is untrue, inaccurate, incomplete, or not current or if there are reasonable grounds for O&I to suspect that the information provided is untrue, inaccurate, incomplete or not current or is not in accordance with the Terms & Conditions, O&I shall have the right to indefinitely suspend or terminate your account and refuse to provide you with access to the Platforms.

2.4 You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the log in credentials of your account on the Platforms and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You shall remain solely liable for all the actions undertaken through your account.

2.5 You will: (a) immediately inform us 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. We, our employees, agents, directors and officers will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms and Conditions. You may be held liable for any losses incurred to us or any other Customer/User due to unauthorized use of their account by you. We reserve the right to refuse access to the Platform(s), terminate accounts, remove or edit content at any time without notice to you.

2.6 You will use the services provided by O&I, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Platforms and/ or transacting on the Platforms.

​

3. Communication and Unsubscription

3.1 By accepting the Terms and Conditions, you also accept to receive news, updates, offers/ campaign related SMS and Emails, to the mobile phone number and email id provided by you. By accessing and using the Platforms and/or verifying your contact number with us, you explicitly consent to receive such 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.

3.2 You can unsubscribe/ opt-out from receiving marketing/ promotional communications, newsletters and other notifications from us at any time by following the instructions set out in such communications.

​

4. Warranties, Inaccuracies  or Errors

​

4.1 We will try to ensure that all information and recommendations, whether in relation to the Products, Services, offerings or otherwise (hereinafter referred as “Information”) provided as part of the Platforms is correct at the time of inclusion on the concerned Platform. We do not guarantee the accuracy of the Information. We make no representations or warranties as to the completeness or accuracy of Information.

4.2 You agree that Information is being supplied to you on the condition that you will make your own determination as to the suitability of such information for your purpose prior to use or in connection with the making of any decision. No Information on the Platforms shall constitute an invitation to invest in us or any affiliates. Any use of the Platforms or the Information is at your own risk. Neither we, our affiliates, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, the Platforms, the Information, or any third-party website linked to the Platforms. We are not responsible for the content of any third-party sites and do 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.

4.3 As a means to assist the Customers in identifying the Products of their choice, we provide visual representations on the Platforms including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representation, we disclaim any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to the Customers. The appearance of the Product when delivered may vary for various reasons.

4.4 Nothing contained herein is to be construed as a recommendation to use any Product, process, equipment or formulation, in conflict with any patent, or otherwise and we make no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.

4.5 We do not promise or provide any representations and warranties:

4.5.1 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 the Platforms;

4.5.2 that the Services will be made available at all times; and

4.5.3 that the operation of the Platforms, including the functions contained in any content, information and materials on any Platform or any third-party sites or services linked to the Platforms will be uninterrupted, or that the defects will be rectified, or that the Platforms or the servers that make such content, information and materials available are free of viruses or other harmful components.

4.6 the platforms and the services are provided to you on an “as is” and “where-is” basis, without any representations or warranties. We, for ourself and any third-party providing materials, services, or content to this website, make no representations or warranties, either express, implied, statutory or otherwise of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, with respect to the platforms, the information or any products or services to which the information refers. We will not be liable to you or any third party for any damages of any kind, including but not limited to, direct, indirect, incidental, consequential or punitive damages, arising from or connected with the Platforms, including but not limited to, your use of the Platforms or your inability to use the Platforms, even if we have previously been advised of the possibility of such damages.

4.7 To the extent permitted by applicable law, we, our officers, agents, employees and directors, disclaim 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, unauthorized access, theft, destruction, alteration or use of records on the Platforms.

​

5. Customer/User Conduct and Rules on the Platforms

​

5.1 You agree, undertake and confirm that Your use of the Platforms shall be strictly governed by the following binding rules:

5.1.1 You shall not use the Website for any of the following purposes:

a) Disseminating any unlawful, harassing, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.

b) Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any applicable laws, regulations or code of practice.

c) Gaining unauthorized access to other computer systems.

d) Interfering with any other person's use or enjoyment of the Platforms.

e) Breaching any applicable laws.

f) Interfering or disrupting networks or websites connected to the Website.

g) Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

5.2 A Customer/User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:

a) Customer/User doesn't reply to the payment verification mail sent by O&I

b) Customer/User fails to produce adequate documents during the payment details verification

c) Misuse of another Customer/Users's phone/email

d) Customer/User uses invalid address, email and phone no.

e) Customer/User Overuse of a promotion/voucher code

f) Use of a special promotion/voucher not tagged to the email ID used.

g) Customer/User returns the wrong product

h) Customer/User refuses to pay for an order

i) Customer/User involved in the snatch and run of any order

j) Miscellaneous activities conducted with the sole intention to cause loss to business/revenue to O&I

k) User with excessive returns

l) Repeated request for monetary compensation for fake/used order

5.3 O&I may cancel any order that classify as 'Bulk Orders'/'Fraud orders' under certain criteria at any stage of the product delivery. An order can be classified as 'Bulk Order'/'Fraud Order' if it meets with the below mentioned criteria, and any additional criteria as defined by O&I:

a) Products ordered are not for self-consumption but for commercial resale

b) Multiple orders placed for same product at the same address, depending on the product category.

c) Bulk quantity of the same product ordered

d) Invalid address given in order details

e) Any malpractice used to place the order

f) Any promotion/voucher code used for placing the 'Bulk Order' may not be refunded

g) Any order paced using a technological glitch/loophole.

5.4 O&I does not facilitate business to business transactions. You are advised to refrain from transacting on the Platforms if You intend to avail the benefits of input tax credit.

5.5 You shall not use the Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the O&I and interrupt or causes to interrupt, damages the use by other Customers/Users of O&I.

5.6 You shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads O&I by sharing multiple address and phone numbers or transacting with malafide intentions.

5.7 We on certain Platforms pages even allow our Customers to experience free exchange of ideas and observations regarding interest in the field of fashion, including ‘viewing user generated content’ and/or ‘videos’ and ‘posting comments’. By accessing, viewing and/or posting any user generated content to any specific dedicated page on the Platform, you accept and consent to the practices described in these ‘Terms & Conditions’ and ‘Privacy Policies’, as well as any other terms of prescribed by the O&I on the Platforms. You agree and undertake that when accessing, viewing and/or posting any Customer|User generated content on these pages You will not imitate, abuse, harass, any Customer/User or violate and exploit, any of these ‘Terms of Service’ of the Platform.

5.8 You shall not use any "deep-link", "page-scrape", "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 any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.

5.9 You shall not attempt to gain unauthorized access to any portion or feature of the Platforms, or any other systems or networks connected to the Platforms or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.

5.10 You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity

5.11 You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable

5.12 You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy 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.

5.13 The Content posted by O&I Customers or Ambassadors does not necessarily reflect O&I views. In no event shall O&I assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platforms. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

5.14 Please note that you can only use O&I Credits to buy products from your registered account on the O&I Platforms. O&I Credits cannot be:

a) Used for payment of orders placed on other O&I accounts.

b) Transferred to any other O&I Customer's account, bank account, or wallets, etc.

5.15 O&I may unilaterally terminate Your account on any event as mentioned in the Terms & Conditions under the point no. 5. Customer/User Conduct and Rules on the Platform. Any O&I credits earned as goodwill compensation, earned via loyalty or referral program or promotional campaigns or earned through gift cards purchased on other platforms will be forfeited in such cases.

​

6. Sale and Purchase

​

6.1 Listing and display of a Product by us on the Platforms is our invitation to you to make an offer for purchase of such Product. Likewise, the placement of an order on the Platforms by you is your offer to buy the Product(s) from us.

6.2 Once you have placed an order with us for purchase of a Product, you will receive an e-mail and/or mobile SMS confirming receipt of your order 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. Please note that dispatch estimates are not guaranteed and should not be relied upon as such. As we process your order, you will be informed by e-mail and/or mobile SMS if any Products you order turn out to be unavailable or out of stock.

6.3 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 and/or registered mobile number 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.

6.4 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.

6.5 Any communication from us shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the Platforms in the event there is a change. Further, we may also send you notifications and reminders with respect to scheduled deliveries of the purchased Products. While we shall make every endeavour to share prompt reminders and notifications relating to the delivery of purchased Product(s) with you, we shall not be held liable for any failure to send such notifications or reminders to you. 

6.6 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.

6.7 All orders placed on the Platforms are subject to the availability of such Product, our acceptance of your offer as per the above and your continued adherence to these Terms and Conditions.

6.8 You hereby authorise us to declare and provide declarations to any governmental authority on request on your behalf, including that the Products ordered by you are for personal, non-commercial use.

6.9 The address at which delivery of the product ordered by you is to be made should be correct and proper in all respects, with appropriate landmarks being identified. In case, any information provided in the mailing address is incorrect, we request you to contact us and get the details updated. If due to any incorrect information provided by you the product is delivered to a wrong address/ person, we shall not be responsible for any losses that may be caused to you.

6.10 Before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.

6.11 All prices are listed in Indian Rupees. Price, as displayed, is exclusive of all the applicable taxes. Products in your shopping cart of the Platforms will reflect the most recent price as displayed on the Product’s information webpage on the Platforms. 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. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery in case of COD.

6.12 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.

6.13 In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by O&I for redelivery shall be claimed from you.

6.14 You may make a complaint for non-receipt of a product ordered, within 30 days from the date of placing the order, failing which; it shall be assumed that you have received that product. Please note that we shall not be responsible or liable for delivering any product if the complaint for non-receipt, is made after the said period of 30 days.

6.15 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.

​

7. Cancellation, Exchange, Return and Refund

​

7.1 Policy of Cancellation, Exchange, Return and Refund for Orders placed by Customers through our Platforms is available on our Platforms and will be applicable together with the Terms and Conditions set out here.

7.2 Please do refer Cancellation, Exchange, Return and Refund Policy before initiating any purchase from our Platforms.

7.3 Any decision taken by O&I in respect of cancellation of an order shall be final and binding on you. You hereby agree to raise no conflict to the decision made by O&I and accept the decision regarding such cancellation.

​

8. Fraudulent Use

​

8.1 O&I reserves the right to recover the cost of goods, collection charges and lawyers' fees from persons using the Platforms fraudulently.

8.2 O&I reserves the right to initiate legal proceedings against such persons for fraudulent use of the Platforms and any other unlawful act or acts or omissions in breach of these terms and conditions.

​

 9. Reviews, Feedback, Submissions

​

9.1 All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to, on or by the Platforms or otherwise disclosed, submitted or offered in connection with your use of the Platforms (collectively, the "Comments") shall be the property of O&I. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.

9.2 O&I is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Platforms will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Platforms will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".

9.3 O&I. does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Platforms. You grant O&I the right to use the name or image that you submit in connection with any Comments. You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify O&I and its affiliates for all claims resulting from any Comments you submit. O&I and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

​

10. Copyright & Trademark

​

10.1 O&I and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on the Platforms. Access to the Platforms does not confer and shall not be considered as conferring upon anyone any license under any of the Platforms or any third party's intellectual property rights. All rights, including copyright, in the Platforms are licensed to O&I. Any use of the Platforms or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of O&I. You may not modify, distribute or re-post anything on the Platforms for any purpose.

10.2 The Platforms names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Ukiyo Lifestyle. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on the Platforms. Access to the Platforms does not authorize anyone to use any name, logo or mark in any manner.

10.3 References on our Platforms to any names, marks, products or services of third parties or hypertext links to third party websites or information are provided solely as a convenience to you and do not in any way constitute or imply endorsement of such websites, sponsorship or recommendation of the third party, information, product or service.

10.4 We are not responsible for the content of any third party websites and do not make any representations regarding the content or accuracy of any material on such websites. If you decide to link the Website to any such third party websites, you do so entirely at your own risk.

10.5 All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of the Platforms (collectively, the "Contents") are intended solely for personal, non-commercial use by the Customers. You may download or copy the Contents and other downloadable materials displayed on the Platforms for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Platforms or any related software. All software used on our Platforms is the property of O&I, and is protected by Indian Copyright laws. The Contents and software on the Platforms may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on the Platforms is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Ukiyo Lifestyle, one of its affiliates or by third parties who have licensed their materials to the Platforms and are protected by Indian copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on the Platforms is the exclusive property of Ukiyo Lifestyle and is also protected by Indian copyright laws.

​

11. Objectionable Content

​

You understand that by using our Platforms or any services provided on the Platforms, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Platforms and any service at your sole risk and that to permit under applicable law, O&I and its affiliates shall have no liability to you for Content that may be considered offensive, indecent, or objectionable to you.

​

 12. Termination

​

The Terms and Conditions shall be effective unless and until terminated by either you or the O&I. You may terminate the Terms and Conditions at any time, provided that you discontinue any further use of the O&I Platforms. O&I may terminate the Terms and Conditions at any time and may do so immediately without notice, and accordingly deny you access to the Platforms, such termination will be without any liability to O&I. Upon any termination of the Terms and Conditions by either you or the O&I, you must promptly destroy all materials downloaded or otherwise obtained from our Platforms, as well as all copies of such materials, whether made under the Terms and Conditions or otherwise. O&I’s right to any Comments shall survive any termination of the Terms and Conditions. Any such termination of the Terms and Conditions shall not cancel your obligation to pay for the product already ordered from the Platforms or affect any liability that may have arisen under the Terms and Conditions.

​

13. Limitation of Liability and Disclaimers 

​

13.1 The Platforms are provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Platforms.

13.2 The Platforms may provide content from other internet websites or resources and while O&I tries to ensure that content included on our Platforms is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. O&I will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems, you may experience with the Platforms.

13.3 This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of the Terms and Conditions.

13.4 Fully permitted under applicable law, O&I or its suppliers shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Platforms, its services or the Terms and Conditions.

13.5 Without prejudice to the generality of the condition above, the total liability of O&I to you for all liabilities arising out of the Terms and Conditions in tort or contract is limited to the value of the product actually paid by you.

13.6 O&I, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, current-ness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Platforms or that the operation of the Platforms will be error free and/or uninterrupted. Consequently, O&I assumes no liability whatsoever for any monetary or other damage suffered by you because of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Platforms; and/or any interruption or errors in the operation of the Platforms.

​

14. Platforms Security

​

14.1 You are prohibited from violating or attempting to violate the security of the Platforms, including, without limitation,

(a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access;

(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

(c) attempting to interfere with service to any other customer, user, host or network, including, without limitation, via means of submitting a virus to the Platforms, overloading, "flooding," "spamming," "mail bombing" or "crashing;"

(d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or

(e) forging any TCP/IP packet header or any part of the header information in any e-mail or blog group posting.

14.2 Violations of the system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

14.3 You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platforms or any activity being conducted on the Platforms.

14.4 You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Platforms other than the search engine and search agents available on the Platforms and other than generally available third party web browsers (e.g., Google Chrome, Mozilla Firefox, Netscape Navigator, Microsoft Explorer).

​

15. Severability

​

If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms and Conditions, and the remainder of these Terms and Conditions 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 and Conditions 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. Waiver Rights

​

O&I’s failure to act with respect to a breach by you or others does not waive its right to act with respect to such breach, or subsequent or similar breaches.

​

17. Entire Agreement

​

The Terms and Conditions along with other Polices available on the Platforms constitutes the entire agreement between you and O&I with respect to the Platforms and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Platforms with respect to the Platforms/Services.

​

18. Modification of Terms & Conditions

​

O&I may at any time, modify the Terms and Conditions without any prior notification being provided to you. You can access the latest version of the Terms and Conditions at any given time on the Platforms. You should regularly read the Terms and Conditions on the Platforms. In the event the modified Terms and Conditions are not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms and Conditions of the Platforms.

 

19. Miscallenous

​

19.1 In addition to these Terms and Conditions, 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 Terms and Conditions.

19.2 These Terms and Conditions supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the purchase of Product.

​

20. Governing Law and Jurisdiction 

​

These Terms and Conditions shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Bangalore. The place of jurisdiction shall be exclusively in Bangalore.

​

21. Customer Support

​

You can reach our customer support team to address any of your queries or complaints via email to customercare@theoddandimperfect.com or call on Phone No.: +91-9845344991