In these Terms, references to “you”, “User” shall mean the end user accessing the Website, its contents and using the Services offered through the Website, “Service Providers” mean independent third party service providers, and “we”, “us” and “our” shall mean https://www.omoptical.in/ website made by Techcherry. ,
1. User Account, Password, and Security:
You will receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify https://www.omoptical.in/ of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. https://www.omoptical.in/ cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
1. Other policies:
The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy, Shipping and Return Policy, and Cancellation Policies of https://www.omoptical.in/ These policies are an integral part of the terms and conditions and shall be read together with the terms and conditions contained herein. The user further consents that the terms and contents of such policies are acceptable to him.
1. User Conduct and Rules:
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
(a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
(b) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
(c) upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents; you own or control the rights thereto or have received all necessary consents;
(d) upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
(e) conduct or forward surveys, contests, pyramid schemes or chain letters;
(f) download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
(g) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
(h) violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
(i) violate any applicable laws or regulations for the time being in force in or outside India; and
(j) violate, abuse, unethically manipulate or exploit, any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere.
1. Exactness Not Guaranteed:
The user hereby agrees and understands that the product in the image may differ in color and size due to variations in photographic lighting, different color profiles installed on user monitor/computer, ipad/other tables, mobiles and other viewing devices. The actual size of the product may also differ from that in the image. The user agrees, and confirms that he understands these problems and undertakes to bear the risks associated with it. https://www.omoptical.in/shall not be under any liability to inform and / or refund money to the customer on account of difference in color and sizes due to the reasons mentioned in this clause. The customer waives all rights to claim on account of the reasons mentioned in this clause.
1. Intellectual Property Rights:
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, https://www.omoptical.in/ owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to https://www.omoptical.in/ without obtaining authorization from https://www.omoptical.in/
1. Disclaimer Of Warranties/Limitation Of Liability:
https://www.omoptical.in/ has endeavored to ensure that all the information on the Website is correct, but https://www.omoptical.in/ neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall https://www.omoptical.in/be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services or Products; (b) unauthorized access to or alteration of the user’s transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall https://www.omoptical.in/ be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, https://www.omoptical.in/ shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond https://www.omoptical.in/ control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
Indemnification:
You agree to indemnify, defend and hold harmless https://www.omoptical.in/ from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred byhttps://www.omoptical.in/ that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
1.Pricing:
Prices, products and Services may change at https://www.omoptical.in/ discretion at any point in time without giving any prior information about the same.
1.Shipping:
Title and risk of loss for all products ordered by you shall pass on to you upon https://www.omoptical.in/ shipment to the shipping carrier.
1. Termination:
a) https://www.omoptical.in/may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically.
b) Notwithstanding Section 15.a above, these Terms will survive indefinitely unless and until https://www.omoptical.in/ chooses to terminate them.
c) If you or https://www.omoptical.in/ terminates your use of the Website or any Service, https://www.omoptical.in/ may delete any content or other materials relating to your use of the Service and https://www.omoptical.in/ will have no liability to you or any third party for doing so.
d) You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.
Governing Law:
These terms 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 the courts at Raipur (C.G) only.
Severability:
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.