Terms of Services

OVERVIEW

This document is an electronic record of the website www.Osmarket.in in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name www.Osmarket.in.
These Terms of Use of the website www.Osmarket.in and mobile application names as "Osmarket" is between Osmose Technology Private Limited (hereinafter referred to as "Osmarket" or "We" or "Us" or "Our") and the registered users of the Website (hereinafter referred to as "You" or "Your" or "Yourself" or "User") describe the terms on which Osmarket offers You access to the Website and such other services as are incidental and ancillary thereto ("Services").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE.

Amendments:

When You use any of the services provided by Us through the Osmarket, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. 
We reserve the right, at our sole discretion, to change, modify, add or make any changes of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, We grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.

By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Osmarket Policies as amended from time to time.

  • Membership Eligibility

Use of the Osmarket is available only to persons who can perform legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Osmarket website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and should not purchase except through your legal guardian or parents who have registered as users on the Website or can use the Website as a Guest User. Osmarket.in reserves the right to cancel your membership and refuse to provide you with access to the Website/application if it is brought to our notice or if it is recognised that you are under the age of 18 years.
Business entity registration: If you are registering as a business entity, you represent that you are duly authorized to accept this User Agreement and you have the authority to bind your business/legal entity to this User Agreement.
Guest User: As a Guest User, Buyer will not be eligible for Clues Bucks and0 all other benefits that are not assignable to a non-registered user.

  • Your Account and Registration Obligations

If you use the Osmarket website as a Registered User, you are responsible for maintaining the confidentiality of Your User ID and Password. You are responsible for all activities that occur under Your User ID and Password or email ID and phone number as the case may be. 

  • Provide true, accurate, current and complete information about yourself as prompted by Osmarket.in registration.
  • You must include any of your contact details such as email addresses etc. in Your User ID while registering as a Registered User.
  • You must immediately notify us of any unauthorized use of your password or account or any other breach of security.
  • Ensure that you exit from your account at the end of each session.

If you provide any information that is untrue, inaccurate, not correct or incomplete, Osmarket.in has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement. Osmarket.in has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website. Osmarket.in shall not be liable for any loss or damage arising from your failure to comply with this Clause 2.

  • Electronic Execution and Communications

When You use the Website data, information or communication to Osmarket.in, You agree and understand that You are communicating with Osmarket.in through electronic records. You agree to receive communications from us electronically. For contractual purposes, You consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the Osmarket and/or your order placed on the our website. We will communicate with You by email, whats app or by posting notices on the Website or through any other Osmarket services. You agree that all the agreements, notices, disclosures and other communications that we provide to You electronically shall be deemed to be an adequate service of notice/electronic record and satisfy any legal requirement that such communications be in writing.

  • Taxes and Non-payment

4.1. Taxes: You agree to bear all and any applicable taxes, charges, etc. levied thereon in accordance with the Law or Government Regulations for the time being in force.
4.2. Non-payment: Osmarket.in reserves the right to issue a warning, temporarily/indefinitely suspend or terminate Your membership of the Website and refuse to provide You with access to all current and future use of the Website in case of non-payment by You to osmarket.in also reserves the right to take legal action in case of non-payment of fees.

  •  Use of the Osmarket Website

You agree, undertake and confirm that Your use of osmarket shall be strictly governed by the following binding principles:

You shall not host, display, upload, modify, publish, transmit, update or share any information which:  

  • belongs to another person and to which You does not have any right to;
  • Subject to compliance with the Agreement(s), OSmarket grants You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website and the Services provided therein.
  • You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogues) that Your access on the Website in accordance with clause 7.
  •  engages in business activities and/or sales without Our prior written approval such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Platform. Throughout this Terms of Use, Osmarket prior written consent means a communication coming from OSmarket Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization,
  • solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal,
  • interferes with another USER's use and enjoyment of the Platform or any other individual's User and enjoyment of similar services,
  • harm minors in any way,
  • infringes any patent, trademark, copyright or other proprietary 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,
  • Osmarket shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
  • Contents Posted on Platform

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, are third-party user-generated content and OSmarket has no control over such third-party user-generated content as OSmarket is merely an intermediary for the purposes of this Terms of Use.
Except as expressly provided in these Terms of Use, no part of the Platform and no Content may be duplicated, copied, republished, uploaded, posted, openly displayed, encoded, altered, transmitted or shared in any way to any other network, server, Platform or another medium for publication or distribution or any commercial enterprise, without OSmarket express prior written approval.
You may use the information on the products and services purposely made available on the Platform for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
You shall be responsible for any notes, messages, emails, reviews, ratings, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Platform (collectively, "Content"). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.
SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THE PLATFORM.

  • Disclaimer of Warranties and Liability

Osmarket, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, Osmarket does not warrant that:
This Platform will be constantly available, or available at all; or
The information on this Platform is complete, true, accurate or non-misleading.
Osmarket will not be liable to You in any way or about the Contents of, or use of, or otherwise in connection with, the Platform. Osmarket does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Platform; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
Nothing on Platform constitutes or is meant to constitute, advice of any kind. All the Products sold on Osmarket are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You.
You will be required to enter a valid phone number while placing an order on the Platform. By registering Your phone number with us, You consent to be contacted by Us via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.

  • Terms

The Agreement will continue to apply until terminated by either You or Osmarket as set forth below. If You want to terminate Your agreement with Osmarket, You may do so by (i) not accessing the Website; or (ii) closing Your Account for all of the Services that You use, where Osmarket has made this option available to You.

You agree that Osmarket may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if Osmarket determines that You have violated the terms of these Terms of Use or any other Agreement(s). You also agree that any violation by You of the Agreement(s) will cause irreparable harm to OSmarket, for which monetary damages may be inadequate, and You consent to Osmarket obtaining any injunctive or equitable relief that Osmarket deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Osmarket may have at law or in equity.

Osmarket may, at any time, with or without notice, terminate these Terms of Use with You if:

  • Osmarket is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;
  • In the event, Osmarket faces any unexpected technical issues or problems that prevent the Website and / or Services from working.

Osmarket may also terminate or suspend all or a portion of Your Account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include (i) removal of access to all offerings within the Website or with respect to the Services; (ii) disabling access to the Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof), and any User Content uploaded by You; and (iii) prohibiting further use of the Services.

  • Privacy

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules thereunder.
We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you are explicitly opt-out.

  • Governing Law and Jurisdiction

These Terms of Use and all transactions entered into on or through the Osmarket and the relationship between You and Osmarket shall be governed by the laws of India without reference to conflict of laws principles.
You agree that all claims, differences and disputes arising under or in connection with or in relation here to the Website, these Terms of Use, the Agreement or any transactions entered into on or through the Website or the relationship between You and Osmarket shall be subject to the exclusive jurisdiction of the courts at New Delhi, India and You hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any service of process and any other notice in any such suit, action or proceeding for this Agreement shall be effective against a party if given as provided herein.

  • Report Abuse And Take Down Policy

In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Website, or if You believe your intellectual property rights have been violated in any manner through the Website, please refer to the Osmarket Report and Take Down Policy available at "Terms & conditiond" or under "Policy Info" section.

  • Communications

When You use the Website or send emails or other data, information or communication to Osmarket, You agree and understand that You are communicating with Osmarket through electronic records and You consent to receive communications via electronic records from Osmarket periodically and as and when required. Osmarket will communicate with You by email/ what's app or by notices on Website or electronic records on the Website or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.
Notice: All notices with respect to these Terms of Use from Osmarket will be served to You by whats app / email / or by general notification on the Website.

  • Feedback and Information

Any feedback You provide to this Website shall be deemed to be non-confidential. Osmarket shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Osmarket is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Osmarket may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Osmarket for the feedback under any circumstances.

To clarify, Osmarket may at its discretion, make any modifications or changes to the Website, Content and / or Services on the basis of such feedback, however Osmarket shall not be obliged to do so. Further, if Osmarket makes any changes or modifications to the Website, Content and / or Services on the basis of any such feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Website, Content and / or Services. You expressly waive any and all rights in such changes or modifications to the Website, Content and / or Services, and assign to Osmarket, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Website, Content and / or Services, in perpetuity. You hereby waive all rights under Section 19(4) of the Indian Copyright Act, 1956, or other similar provisions in laws of any jurisdiction, in relation to any such changes or modifications to the Website, Content and / or Services.


You can get connected to our grievance officer on any of the following:
Email: osmarketgrievance@gmail.com