Signed in as:
filler@godaddy.com
Signed in as:
filler@godaddy.com
These terms of use (the “Terms of Services”) govern your use of our website www.oreocart.com (the “Website”). Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Website. By using the Website, you shall be contracting with OREOCART and you signify your acceptance to the Terms of Services and other policies (including but not limited to the Privacy Policy) as posted on the Website from time to time, which takes effect on the date on which you use the services, and create a legally binding arrangement to abide by the same.
The Website is operated and owned by Oreocart, a sole proprietorship and having its office at D-3/1 12 Metropolic City, Rudrapur, Udham Singh Nagar, Uttarakhand 263153. For the purpose of these Terms of Services, wherever the context so requires, “you” shall mean any natural or legal person who has agreed to become a buyer or customer on the Website by providing Personal Information while registering on the Website as a registered user using any computer systems. The terms “OREOCART”, “we”, “us” or “our” shall mean Oreocart.
OREOCART is engaged in the business of food product retail trading and allows buyers (“Buyer/s”) to browse various goods and services (“Products”) offered for sale (“Services”). The Buyers can choose and place orders (“Orders”) from variety of Products listed and offered for sale on the Website and OREOCART enables delivery of such Orders at [select localities of India (“Delivery Services”)].
These Terms of Services are subject to modifications at any time. We reserve the right to modify or change these Terms of Services and other OREOCART policies at any time by posting changes on the Website, and you shall be liable to update yourself of such changes, if any, by accessing the changes on the Website. You shall, at all times, be responsible for regularly reviewing the Terms of Services and the other OREOCART policies and note the changes made on the Wesbite. Your continued usage of the services after any change is posted constitutes your acceptance of the amended Terms of Services and other OREOCART policies. As long as you comply with these Terms of Services, OREOCART grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Website. By accepting these Terms of Services, you also accept and agree to be bound by the other terms and conditions and OREOCART policies (including but not limited to Privacy Policy) as may be posted on the Website from time to time.
The Website may contain links to other websites. Any personal information about you collected whilst visiting such websites is not governed by this Policy. OREOCART shall not be responsible for and has no control over the practices and content of any website accessed using the links contained on the Website. This Policy shall not apply to any information you may disclose to any of our service providers/service personnel which we do not require you to disclose to us or any of our service providers under this Policy.
(i) All the Products listed on the Website will be sold at MRP unless otherwise specified. These prices are subject to change with/without notification to you. You agree to pay for the price which is applicable and levied at the date of delivery.
(ii) OREOCART does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Manufacturers, Producers/Vendors. You are advised to independently verify the bona fides of any particular Manufacturers, Producers/Vendors of whose products that you choose to deal with on the Website and use your best judgment in that behalf.
(iii) THE PRODUCT IMAGES DISPLAYED ON WEBSITE ARE ONLY FOR REFERENCE PURPOSE. WHILE EVERY REASONABLE EFFORT IS MADE TO MAINTAIN ACCURACY OF INFORMATION ON THE WEBSITE, ACTUAL PRODUCT PACKAGING, PRODUCT SIZE, WEIGHT, MRP AND SUCH OTHER PRODUCT DETAILS MAY CONTAIN MORE AND/OR DIFFERENT INFORMATION THAN WHAT IS SHOWN ON THE WEBSITE. IT IS RECOMMENDED NOT TO SOLELY RELY ON THE INFORMATION PRESENTED ON THE WEBSITE.
(iv) OREOCART neither makes any representation or guarantee or warranty as to specifics (such as quality, value, saleability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Website nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. OREOCART accepts no liability for any errors or omissions, on behalf of Manufacturers, Producers/Vendors.
(v) OREOCART is only a retailer procuring products from Manufacturers, Producers/Vendors. In case of complaints from the Buyer pertaining to efficacy, quality, or any other such issues, user can notify the same to Website and concerned Manufacturers, Producers/Vendors shall be liable for redressing Buyer complaints. In the event you raise any, we shall assist you to the best of our abilities by providing relevant information to you, such as details of the Manufacturers, Producers/Vendors and the specific Order to which the complaint relates, to enable satisfactory resolution of the complaint.
(vi) Call Recording: OREOCART may contact via telephone, SMS or other electronic messaging or by email with information about the Service to be offered to you or any feedback thereon. Any calls that may be made by OREOCART, by itself or through a third party, to the users pertaining to any Order booking requests of a user may be recorded for internal training and quality purposes by OREOCART or any third party if any appointed by OREOCART.
(i)You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
(a) belongs to another person and which you do not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is misleading or misrepresentative in any way;
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h) infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
(i) promotes an illegal or unauthorized copy of another person's copyrighted work (see “copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of another person (with a minor or an adult);
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Websites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(o) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of products related to the Website. Throughout these Terms of Use, Munchbag’s prior written consent means a communication coming from Munchbag’s owner, specifically in response to your request, and expressly addressing and allowing the activity or conduct for which you seek authorization;
(p) solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
(q) interferes with another user’s use and enjoyment of the Website;
(r) refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
(s) harm minors in any way;
(t) infringes any patent, trademark, copyright or other intellectual property rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(w) impersonate another person;
(x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(y) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any criminal offence or prevents investigation of any offence or is insulting any other nation;
(z) is false, inaccurate or misleading;
(a)(a) directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or
(b)(b) creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers.
(ii) 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 Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to prohibit any such activity.
(iii) You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, “password mining” or any other illegitimate means.
(iv) You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Website, or any other Buyer, including any account on the Website not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
(v) You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name ‘OREOCART’, or otherwise engage in any conduct or action that might tarnish the image or reputation, of OREOCART or Manufacturer/Producer/Vendor on platform or otherwise tarnish or dilute any Munchbag’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or OREOCART’s systems or networks, or any systems or networks connected to OREOCART.
(vi) You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
(vii) You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
(viii) You may not use the Website or any content on the Website for any purpose that is unlawful or prohibited by these Terms of Services, or to solicit the performance of any illegal activity or other activity that infringes the rights of OREOCART and/or others.
(ix) You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to goods and service tax, income tax, central excise, custom duty, local levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
(x)You shall not engage in advertising to, or solicitation of, other users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which we deem appropriate in its sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
(xi) We reserve the right, but have no obligation, to monitor the materials posted on the Website. OROCART shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Services. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such content posted does not necessarily reflect OREOCART views. In no event shall OREOCART 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 Website. 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, tortuous, or otherwise unlawful information.
(xii) Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
(xiii) It is possible that other users (including unauthorized users or ‘hackers’) may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
( xiv) OREOCART 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), hacking, pen testing attempts without our prior consent or a mutual legal agreement.
(i) The Website allows you to place Order bookings and we will, subject to the terms and conditions set out herein, enable the delivery of such Order to you. OROCART retain the right to accept or reject your Order bookings at its sole discretions and fulfilment is subject to availability of stocks. OREOCART shall make good faith efforts to fulfil Orders but it is under no mandatory obligation to do so in case of reasons beyond control, more particularly detailed hereunder.
(ii) OREOCART DO NOT MANUFACTURE OR PRODUCE THE PRODUCTS LISTED ON WEBSITE. YOU UNDERSTAND THAT ANY ORDER THAT YOU PLACE SHALL BE SUBJECT TO THE TERMS AND CONDITIONS SET OUT IN THESE TERMS OF USE INCLUDING, BUT NOT LIMITED TO, PRODUCT AVAILABILITY AND DELIVERY LOCATION SERVICEABILITY.
(iii) As a general rule, all Orders placed on the Website are treated as confirmed.
(iv) However, upon your successful completion of booking an Order, we may call you on the telephone or mobile number provided to confirm the details of the Order, the price to be paid. For this purpose, you will be required to share certain information with us, including but not limited to
(i) your first and last name
(ii) mobile number and
(iii) email address.
It shall be your sole responsibility to bring any incorrect details to our attention.
(v) In addition to the foregoing, we may also contact you by phone and / or email to inform and confirm any change in the Order, due to availability or unavailability of products or change in the price of the Order as informed to us.
(vi) All payments made against the purchases/services on the Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Website will not facilitate transactions with respect to any other form of currency with respect to the purchases made on Website. You can pay by
(i) credit card or debit card or net banking;
(ii) any other RBI approved payment method at the time of booking an Order;
(iii) credit or debit card or cash at the time of delivery.
You understand, accept and agree that the payment facility provided by OREOCART is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Website using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, OREOCART is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
(vii) You agree to pay us for the total amount for the Order placed by you on the Website.
(viii) The user shall also be liable to pay any additional charges and/or applicable taxes if any which may be applicable to each transaction.
(ix) In connection with your Order, you will be asked to provide customary billing information such as name, billing address and credit card information either to us or our third-party payment processor. You agree to pay us for the Order placed by you on the Website, in accordance with these Terms, using the methods described under clause V (6) above. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by us or indirectly, via a third-party online payment processor or by one of the payment methods described on the Website. If you are directed to our third-party payment processor, you may be subject to the terms and conditions governing the use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the Website services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.
(x) All the products listed on the Website will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of booking the Order. Although prices of most of the products do not fluctuate on a daily basis but some of the commodities prices do change on a daily basis.
(xi) THE MANUFACTURER/PRODUCER SHALL BE SOLELY RESPONSIBLE FOR ANY WARRANTY/GUARANTEE OF THE PRODUCTS SOLD TO THE BUYERS AND IN NO EVENT SHALL BE THE RESPONSIBILITY OF OREOCART SINCE WE ARE MERELY RESELLERS.
vi. NO ENDORSEMENT
We do not endorse any Manufacturer or Producer. In addition, although these Terms of Use require you to provide accurate information, we do not attempt to confirm, and do not confirm if it is purported identity.
vii. GENERAL TERMS OF SERVICES
(a) All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.
(b) Your use of the Website shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
(c) You will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.
(d) You will not use the Website in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
(e) You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Website.
(f) You will not use another person’s username, or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
(g) You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
(h) You will not delete or modify any content of the Website, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
(i) You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interests.
(j) You shall not access the Website without authority or use the Website in a manner that damages, interferes or disrupts:
(k) You release and fully indemnify Munchbag and/or any of its officers and representatives from any cost, damage, liability or other consequences of any of the actions of the users of the Website and specifically waive any claims that you may have in this behalf under any applicable laws of India. Notwithstanding its reasonable efforts in that behalf, OREOCART cannot take responsibility or control the information provided by other users which is made available on the Website. You may find other user’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
viii. ACCESS TO THE WEBSITE, ACCURACY AND SECURITY
ix. DISCLAIMERS
x. INTELLECTUAL PROPERTY
xi. THIRD PARTY CONTENT
We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
xii. SEVERABILITY
If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.
xiii. NON-ASSIGNMENT
You shall not assign or transfer or purport to assign or transfer the contract between
Should you have questions about these Terms of Services, please feel free to contact us through our Website. We will use reasonable efforts to respond promptly to requests, questions or concerns. Except where required by law, OREOCART cannot ensure a response to questions or comments regarding topics unrelated to these Terms of Services.
In accordance with the compliance with the applicable laws, the name and contact details of the grievance officer are provided below:
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