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TERMS OF USE

WELCOME TO OILY POILY!

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PLEASE READ OUR TERMS AND CONDITIONS CAREFULLY.

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The website and domain name www.oilypoily.com (hereinafter referred to as the "Site") is owned by ‘MD Enterprise’, a firm registered under the laws of India with its principal place of business at 76 D, Udyog Vihar Phase IV, Sector-18, Gurugram, Haryana-122001 (hereinafter referred to as "Oily Poily").

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Your access and use of the Site and/or our Products (defined below) and/or our Services (defined below) and tools are subject to the following terms and conditions (hereinafter referred to as the “Terms”) as applicable to the Site including the applicable policies which are incorporated herein by way of reference. If you access and/or use and/or transact on the Site, you shall be subject to the policies that are applicable to the Site. By mere use of the Site, you shall be contracting with Oily Poily and these terms and conditions including the policies constitute your binding obligations, with oily Poily.

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The Terms shall be deemed to have been accepted by you whenever you access, browse or otherwise use the Site or our Products (defined below) or avail any of our Services (defined below) or offers. By accessing, browsing or using the Site or our Products (defined below) or avail any of our Services (defined below) or offers, you agree that you have read, understood and are bound by the Terms. You are requested not to use the Site or our Products (defined below) or avail any of our Services (defined below) or offers, if any of the terms and conditions contained in these Terms is unacceptable to you or if you do not wish to be bound by these Terms.

 

In these Terms, references to "you", “your”, "User" “Customer(s)” shall mean the user visiting the Site, transacting on the Site to purchase any of our Product (defined below) and/or otherwise using the Site and/or Products (defined below), and "we", "us" and "our" shall mean Oily Poily.

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Unless explicitly stated otherwise, when you use any of the Products (defined below), Services (defined below), offers or tools provided by us through the Site, including but not limited to, (e.g. reviews, ratings, rewards, offers etc.), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, offer or tool and they shall be deemed to be incorporated into this Terms and shall be considered as part and parcel of this Terms. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. It is your responsibility to review these Terms periodically for updates / changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

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By impliedly or expressly accepting these Terms, you also accept and agree to be bound by Oily Poily’s other Policies, including but not limited to Privacy Policy and Shipping and Return Policy, as amended from time to time.

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BY USING THE SITE OR OUR PRODUCTS OR OUR SERVICES OR TOOLS OR OFFERS OR OTHERWISE INDICATING YOUR ACCEPTANCE OF THESE TERMS, YOU (A) AGREE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION; (B)  AGREE TO BE BOUND BY THIS AGREEMENT; (C) ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF USING THE SITE, OUR PRODUCTS AND OUR SERVICES AND TOOLS AND OFFERS AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT; AND (D) HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THIS AGREEMENT. IN ADDITION, IF THIS AGREEMENT IS BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THIS AGREEMENT ON BEHALF OF THAT COMPANY OR ENTITY HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THIS AGREEMENT.

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Overview and General Terms

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Oily Poily is a beauty and personal care brand offering premium handcrafted blends of powerful oils, sourced from different parts of the world, to our Customers (“Products”) and enable the Customers, through the Site and other marketplaces and platforms to buy our Products (“Services”). We also may offer subscriptions or other tools or services or offers to allow the Customers to purchase the Products, online or offline.

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We suggest all users to be responsible about their use of this Site and any transaction entered into as a result of purchasing any of the Products.  

Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any tool, offer, service or product offered on the Site and any transaction they enter into on the Site or in connection with their use of the Site.
 

Eligibility, Membership and Use of Information

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Where you sign up to any feature of, or use, the Site and/or any of the Services that requires the use of a log-in account or password (“Account”), or otherwise provide any personal information while making a transaction on the Site, you agree that you shall be responsible for keeping those password and log-in details confidential and secure and for all access to and use of your Account by you or any third party. If you become aware, or suspect for any reason, that the security of your log-in details has been compromised, please let us know here as soon as you can. As a part of this registration process, you must (i) provide certain current, complete and accurate information about you with respect to your Account and (ii) maintain and update this information as needed to keep it current, complete and accurate. Not providing requested information may prevent you from obtaining the Services and access to the Site. Further, each User further agrees to promptly provide notice to the Site by contacting us as provided above under “Contact Us” regarding any updates to any such contact information previously submitted by such User to the Site.

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The Site is not intended for use by you if you are under 18 years of age. By agreeing to these Terms, you are representing to us that you are over 18. If we discover that any of your Account information is inaccurate, incomplete or not current, or if we determine, in our sole discretion, that you are not an appropriate user of the Site, we may terminate all rights to access, receive, use and license the Site immediately upon notice.

Your assent to these Terms constitutes your express understanding and agreement that when personal data is provided to us, such data will be processed in India or outside either by us or by any party acting on our behalf or any such service provider with any other place of processing that we may select in future. Any personal data collected from or about users or licensees in connection with the Site, the Products and the Services, through the Site, or otherwise under these Terms, will be maintained and processed in India or outside either by us or by any party acting on our behalf, as our Services, Products and Site are provided via equipment and other resources located in places outside the territory of India. Our Privacy Policy describes how personally identifiable information may be collected, used and disclosed. Your use of the Site signifies your acknowledgment of, and agreement with, our Privacy Policy.

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This Site may contain links and pointers to other internet sites, resources and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof.  We may also provide tools to allow interaction between the Site and a third-party site, such as a Social Media Site. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.

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Rights of Access, Use and Restrictions

 

We hereby grant you a non-exclusive, revocable, limited, non-sub-licensable and a non-transferable license to access the Site and the content and Services provided on the Site solely for the purpose of purchasing any of the products, offers, or Services offered on the Site or for any other purpose clearly stated on the Site, all in accordance with the Terms.  Any use of the Site that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorized by us in writing is expressly prohibited.

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The license to use the Site only extends to the uses expressly described herein.  The license to use the Site granted to Users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or any derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission.

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You agree not to use the Site or any of our Services or anything in connection with the Site/Services for any illegal or inappropriate purpose, and affirmatively represent and warrant:

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  • that you will not upload, post, email, transmit or otherwise make available any content, either on the Site, or any social media or anywhere in public domain, that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libellous, invasive of another's privacy, hateful, or racially, ethnically, religiously or otherwise objectionable, or other material or content that would violate rights of publicity and/or privacy or that would violate any law;

  • that you will not upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

  • that you will not upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity;

  • that you will not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are specifically designated for such purpose;

  • that you will not upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  • that you will not copy, reproduce, upload, post, display, republish, distribute or transmit any part of the content on the Site or anywhere else in the connection with the Site, in any form whatsoever, except as permitted by us on the Site;

  • that you will not modify, translate into any language or computer language or create derivative works from, any content or any part of the Site or reverse engineer any part of the Site;

  • that you will not sell, offer for sale, transfer or license any portion of the Site in any form to any third parties;

  • that you will not impersonate any person or entity, including, but not limited to, any employee, officer or director of Oily Poily or falsely state or otherwise misrepresent your affiliation with a person or entity;

  • that you will not use the Site and its inquiry or booking functionality other than to advertise and/or research vacation rentals, to make legitimate inquiries to our members or any other use expressly authorized on the Site or use the Site to post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretences, or taking any action that may be considered phishing or that would give rise to criminal or civil liability;

  • that you will not interfere with or disrupt the Site or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

  • that you will not engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Site, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Site’s Services, in whole or part;

  • that you will not use personal data of Users of this Site for any purpose inconsistent with the purpose of this Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications;

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Further, the use of the Site and anything in connection with the Site by you is subject to these Terms and all applicable laws, rules and regulations, including local, state, national and international laws, rules and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree to comply with all applicable laws, rules and regulations, including local, state, national and international laws, rules and regulations (including without limitation those governing laws rules and regulations mentioned hereinabove).

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Site, Services, Modifications and Updates

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You understand and acknowledge that our or our supplier's proprietary services and products are protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. Your license to use the Site and Services is automatically revoked if you violate the Terms stated in this Clause in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms.

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Modifications

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  • Site and Services

 

We are constantly changing and improving our Services and the Site. We may add or remove a few functionalities or features, and we may suspend or discontinue the Services or the Site altogether. Please understand that we are under no obligation to inform you of the updates. All the Terms will be applicable to the updates unless we indicate otherwise.

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  • Terms

 

We reserve the right to revise these Terms from time to time and the most current version will always be posted on the Site. If a revision, in our sole discretion, is material we will notify you (for example via email/SMS to the email address/phone number associated with your Account). Changes will not apply retroactively and will become effective immediately. If you do not agree to the modified terms for a service/product, you should discontinue your use of that service/product. We shall not be liable to you or any party for any loss and damage caused should we exercise our right to amend these Terms or modify or suspend the Service or the Site.

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Third  Party Service

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The Site may contain features designed to interface with applications or services provided or made available by third parties ("Third Party Services"). If the Third-Party Services are no longer available or if the applicable third party provider no longer allows the Third Party Services to interface with the Site, then such features will no longer be available or function in the Site. We disclaim all warranties, indemnities, obligations, and other liabilities in connection with any interface or integration with the Third Party Service. Further, we disclaim all warranties, indemnities, obligations, and other liabilities in connection with any Third Party Service.

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Third Party Content

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We or third parties may provide, links to other websites or resources. You acknowledge and agree that we are not responsible and liable for the availability and accuracy of such external websites or resources. We do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You are solely responsible for your use of any such websites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

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Proprietary Rights

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We respect the intellectual property rights of others, and expect the same from you. You acknowledge and agree that the Site, Products and Services and anything in connection with the Site, Products or Services including all associated intellectual property rights, are the exclusive property of Oily Poily and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Products or Services or in anything in connection with the Site, Products or Services. All our trademarks, service marks, logos, trade names, and any other proprietary rights used on or in connection with the Site and our business are trademarks or registered trademarks of Oily Poily.

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Except as expressly stated in the Agreement, these Terms do not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trade-marks (whether registered or unregistered), or any other rights or licenses in respect of any part of the Site, Products or Services and anything in connection with the Site, Products or Services.

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We confirm that we have all the rights necessary to grant all the rights we purport to grant under, and in accordance with, the terms of the Agreement.

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You are accountable for not using the Site, Products or Services and anything in connection with the Site, Products or Services to infringe any third party's intellectual or other proprietary rights or rights of publicity or privacy. Please do not copy, upload, download, or share files unless you have the right to do so. You understand and agree that purchasing or otherwise legally obtaining documents, videos, music, software or other forms of media does not necessarily grant you the right to distribute or publicly share those files with third parties through the Site, Products or Services or otherwise in connection with the Site, Products or Services. By sharing your content with other Users, you are representing that you either (i) own all copyrights in the data files you have placed on the Site or (ii) have obtained permission from the rightful copyright holder to share such data files. Therefore, you shall be fully responsible and liable for what you copy, share, upload, download or otherwise use while using our Site and anything in connection with the Site. Please do not upload spyware or any other malicious software to the Site and anything in connection with the Site. You are responsible for maintaining and protecting all of your content. We will not be liable for any loss or corruption of your data, or for any costs or expenses associated with backing up or restoring any of your data.

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Warranties and Limitations

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Disclaimer of Warranties

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YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

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YOUR USE OF THE SITE, ANY SERVICES, OFFERS, TOOLS, SOFTWARES, PROGRAMMES OFFERED AND PROVIDED ON THE SITE ARE AT YOUR SOLE RISK. THE SITE, ANY PRODUCTS, ANY SERVICES, OFFERS, TOOLS, SOFTWARES, PROGRAMMES OFFERED AND PROVIDED ON THE SITE ARE PROVIDED "AS IS", WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE MAKE NO WARRANTY THAT (i) THE SITE, ANY PRODUCTS, ANY SERVICES, OFFERS, TOOLS, SOFTWARES, PROGRAMMES OFFERED AND PROVIDED ON THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, ANY PRODUCTS, ANY SERVICES, OFFERS, TOOLS, SOFTWARES, PROGRAMMES OFFERED AND PROVIDED ON THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, ANY PRODUCTS, ANY SERVICES, OFFERS, TOOLS, SOFTWARES, PROGRAMMES OFFERED AND PROVIDED ON THE SITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH US WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SITE, ANY PRODUCTS, ANY SERVICES, OFFERS, TOOLS, SOFTWARES, PROGRAMMES OFFERED AND PROVIDED ON THE SITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, ANY PRODUCTS, ANY SERVICES, OFFERS, TOOLS, SOFTWARES, PROGRAMMES OFFERED AND PROVIDED ON THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR IT.

FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER-CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER-CONTRIBUTED CONTENT TO US AND BY POSTING INFORMATION ON THE SITE, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.

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YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US OR ANY THIRD-PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY TRANSACTION OR OTHER TRANSACTION BETWEEN USERS OF THE SITE.  WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE (OTHER THAN PURSUANT TO ANY GUARANTEE THAT MAY BE OFFERED ON THE SITE) THE SAFETY OF ANY TRANSACTION, OR THE CORRECTNESS OR ACCURACY OR QUALITY OF ANY CONTENT PROVIDED ON THE SITE. FURTHER WE HAVE NO CONTROL ON THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, PRODUCTS, SERVICES, MEMBERSHIP PLANS, CREDIT OR REFERRAL PROGRAM, IF ANY.

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Limitation of Liability

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YOU EXPRESSLY UNDERSTAND AND ACKNOWLEDGE THAT IN NO EVENT OILY POILY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS AND LICENSORS SHALL BE LIABLE TO YOU FOR ANY PUNITIVE, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAD WARNED OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SITE OR ANY PRODUCTS OR ANY SERVICES, OFFERS, TOOLS, SOFTWARES, PROGRAMMES OFFERED AND PROVIDED ON THE SITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE SITE OR ANY PRODUCTS OR ANY SERVICES, OFFERS, TOOLS, SOFTWARES, PROGRAMMES OFFERED AND PROVIDED ON THE SITE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY RELATING TO THE SITE OR ANY PRODUCTS OR ANY SERVICES, OFFERS, TOOLS, SOFTWARES, PROGRAMMES OFFERED AND PROVIDED ON THE SITE; OR (e) ANY OTHER MATTER RELATING TO THE SITE OR ANY PRODUCTS OR ANY SERVICES, OFFERS, TOOLS, SOFTWARES, PROGRAMMES OFFERED AND PROVIDED ON THE SITE.

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IN ALL EVENTS OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE OR ANY SERVICES, OFFERS, TOOLS, SOFTWARES, PROGRAMMES OFFERED AND PROVIDED ON THE SITE SHALL BE LIMITED TO NOT MORE THAN THE AGGREGATE AMOUNT PAID BY YOU TO US FOR THE PRODUCT(S) IN SUBJECT OR AN AGGREGATE OF INR 5,000 (INDIAN RUPEES FIVE THOUSAND ONLY) IF NO SUCH PAYMENTS HAVE BEEN MADE (AS APPLICABLE).

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Indemnities

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You hereby agree to indemnify and hold harmless Oily Poily and its  subsidiaries and affiliates, and its directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that your infringed on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) your access to or use of the Site and anything in connection with the Site including all your content; (iv) use of a Product or a Service; (v) your participation in any of the programmes, offers, rewards offered and provided on the Site or your accrual of any membership credits; (vi) breach of any of the provisions of this Terms and this Agreement, or (vii) any failure or default by you to duly perform your obligations under this Agreement; or (viii) any breach of any applicable law, by-law, regulations or guidelines or of any third party rights, contractual or otherwise; or (ix) any action taken by any government or other statutory, judicial, quasi-judicial or other competent authority against the Company for any breach or default committed by you.

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Claims

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You must make any claim under an indemnity or bring any legal proceedings against us within 30 (thirty) days from the date you first became aware or ought reasonably to have become aware of the facts giving rise to the triggering of the indemnity or liability or alleged liability or within the relevant statutory limitation period, whichever is the earlier.

 

Term and Termination

 

These Terms shall be effective until such time till you or we terminate these Terms as described below.

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You may terminate these Terms at any time by either deleting your account on the Site and unsubscribing from the Membership, if any or by sending us an email or otherwise notifying us of your intention of termination.

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Further, we may immediately, without notice terminate these Terms if:

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  • you have committed a material breach of any of the terms of the Agreement and (if the breach is remediable) fails to remedy that breach within 30 (thirty) days of being notified in writing of the breach; or

  • you have provided inaccurate, fraudulent or incomplete information to us for any purposes on the Site, or

  • we believe that there is a reasonable threat to the safety or property of other User, us or third parties or for the purposes of prevention of fraud, misrepresentation, risk assessment, security or investigation purposes.

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On termination of the Terms for any reason, all licenses granted under the Agreement shall immediately terminate and we shall be under no obligation to delete or return to you any of your content, you will not be able to redeem any credits or continue to use any of our offers, unless otherwise stated on the Site.

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Force Majeure

 

We shall have no responsibility or liability to you under these Terms if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including strikes, lock-outs or other industrial disputes (whether involving our workforce or that of any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers.

 

Waiver

 

The failure of parties to require performance of any provision of this Agreement shall not affect the right to subsequently require the performance of such or any other provision of this Agreement. The waiver by the parties of a breach of any provision shall not be taken or held to be a waiver of any subsequent breach of that provision or any subsequent breach of any other provision of this Agreement.

 

Severability

 

If any provision (or part of a provision) of the Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

 

Entire Agreement

 

These Terms, the Privacy Policy, the Shipping and Return Policy or any additional policies, guidelines, standards, or terms for a specific product, feature, service or offering, which may have incorporated herein by way of reference constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.

 

Assignment

 

You shall not, without our prior written consent, assign, transfer, charge, sub-license or deal in any other manner with all or any of your rights or obligations under the Agreement.

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We may at any time assign, transfer, charge, sub-license or deal in any other manner with all or any of our rights or obligations under the Agreement.

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No Partnership or Agency

 

Nothing in the Agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

 

Notices

 

Notices by us to you may be sent to the email address you provide on the Site or otherwise by any means that we determine in our sole discretion as likely to come to your attention. All notices by you sent to us in connection with these Terms shall be in writing and sent by certified or personally delivered at the address of Oily Poily.

 

Governing law and Jurisdiction

 

This Agreement shall be governed by and interpreted in accordance with the laws of India, without regard to the conflicts of laws and principles thereof. Further, the parties hereby consent to the general jurisdiction of the courts located in New Delhi, India and agree that any action or proceeding concerning these Terms shall be brought exclusively in such courts.

 

Information Technology Act, 2000

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This agreement is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or use of the Site.

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Grievance Officer

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In accordance with Information Technology Act, 2000 and rules made thereunder and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:

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Ms. Muskaan Jain

Marketing Head,

MD Enterprise

76 D, Udyog Vihar Phase IV, Sector-18, Gurugram, Haryana-122001

Contact us: info@oilypoily.com

Time: Mon - Sat (10:00 - 18:00)

 

*Disclaimer: MD Enterprise disclaims all liability and responsibility for any loss, damage, or inconveniences whatsoever or howsoever suffered, directly or indirectly by any person/user as a result of their use of this website and of any information and contact details supplied on this website. Any person proposing to use or rely on any of the contact details should first satisfy themselves of the completeness and accuracy of those contact details and any other information displayed with or in relation to them on this website. Users of this website are advised to refer to and rely upon the official version of information when making significant decisions. Links from this website to websites not managed by us do not imply endorsement or credibility of the service, information or product offered through the linked sites. Please be aware, most information transmitted over the internet is not secure; thus, confidentiality cannot be guaranteed.

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