TERMS AND CONDITIONS
Ooh Yes! is a property of and operated by Extreme Covet Private Limited registered under the Companies Act, 1956, and having its registered office at 68, Ground floor, Kwick House, Taylor's Road, Kilpauk Chennai, Tamil Nadu - 600 010 India. By accessing or using any version of the www.oohyes.in (“Platform”), which acts an “intermediary” in accordance with the meaning of “Intermediary” envisaged under Section 2(w) of the Information Technology Act, 2000, as amended from time to time (“Intermediary”), you signify that you have read, understood and agree to be bound by these Terms and Conditions (“T&C”) and any other applicable law. As used herein, “Users” shall mean anyone who uses or accesses the Platform on any computer, mobile phone, tablet, console or other device (collectively, "Device"). Your continued use of the Platform shall be constituted as your acceptance to the T&C, including those additional terms and conditions and policies referenced herein and/or available by hyperlink, and as revised from time to time. If you do not agree with these T&C, please do not access and use the Platform. For the purposes of these T&C, “we”, “our” and “us” shall mean the Company, and/or third-party service providers engaged by the Company to render certain services on the Platform and “you” and “your” shall mean a User who meets the eligibility criteria set out below.
Terms and conditions subject to change
We reserve the right to update or modify these T&C at any time without prior notice. Your access and use of the Platform following any such change constitutes your agreement to follow and be bound by these T&C, as updated or modified. For this reason, we encourage you to review these T&C each time you access and use the Platform.
You represent and warrant that you are competent and eligible to enter into a legally binding agreement and be bound by these T&C. You shall not access and use the Platform if you are not competent to contract under the applicable laws, rules and regulations.
By agreeing to these T&C, you represent that you are at least the age of majority in your state or province of residence.
If you are accessing, browsing and using the Platform on someone else’s behalf; you represent that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to the T&C, you agree to accept liability for any harm caused by any wrongful use of the Site resulting from such access or use of the Platform in whatsoever nature.
Intellectual Property Policy
All of the content on the Platform, including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, tradenames ("Platform Content"), constitute our and our licensors’ intellectual property. Intellectual property laws in all applicable jurisdictions protect the Platform and the Platform Content.
You may access the Platform, avail of the features and facilities and utilize the Platform Content for your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Platform Content, features or facilities, directly or indirectly, without our prior written permission. If you would like to request permission to commercially exploit any particular Platform Content, you could contact us in the manner provided for herein.
The Company and its licensors, if any, are the sole owners of the underlying software and source code associated with the Platform and all the trademarks, copyright and any other intellectual property rights of any nature in the Platform.
User Account, Passcode & Security
You are responsible for maintaining the confidentiality of the passcode and your account (“Account”) and are fully responsible for all activities that occur under your passcode or Account. You agree to: (a) immediately notify us of any unauthorized use of your passcode or Account or any other breach of security; and (b) ensure that you exit from your Account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause 4.
You hereby acknowledge that the deletion of the Platform from the Device does not constitute termination of your Account and agree to undertake the process detailed herein in order to complete de-registration. If and when you are desirous of having your name and other details removed from the records of the Company, immediately upon receiving your written request to that effect, the Company shall remove and/delete all such information, except as may be required to be retained under applicable law.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You consent to receiving communications from us electronically. This shall include notifications, promotions, advertisements and other communications related to our Platform, Products, Platform Content and other content and services. We will communicate with you by e-mail through push notifications on your computer or mobile device, or by posting notices on the Platform. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing. You agree that in case there are any changes to any information provided by you to us, including your e-mail address and other contact details, you will be solely responsible to update them regularly. If we send any communication by e-mail, it shall be sent to your e-mail address available on the records created by you on the Platform and it shall be deemed to have been received by you once it is reflected as sent in the outbox of our e-mail id.
You certify, warrant and represent that the telephone numbers and/or email addresses and any other information that you have provided to us are your own and not someone else's and are true, accurate, current and complete. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us and emails at each of the email addresses you have provided us. You agree to notify us whenever you stop using a particular telephone number(s) and/or email address(es).
In addition to other prohibitions as set forth in the T&C, you are prohibited from using the Platform or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Platform or any related website for violating any of the prohibited uses.
You shall not to host, display, upload, modify, publish, transmit, store, update or share any information that: (i) belongs to another person and to which the user does not have any right; (ii) is defamatory, obscene, pornographic, pedophilic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force; (iii) is harmful to child; (iv) infringes any patent, trademark, copyright or other proprietary rights; (v) violates any law for the time being in force; (vi) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact; (vii) impersonates another person; (viii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation; (ix) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; (x) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
The Platform is made available to you for your own personal and non-commercial use alone. You shall not allow third parties to: (i) make and/or distribute copies of the Platform or any deliverable generated by the Platform; (ii) attempt to copy, reproduce, alter, modify and/or reverse engineer the Platform; and/or (iii) create derivative works of the Platform.
You accept that any and all operations emanating from your Device shall be assumed to have been initiated by you.
You shall not copy, reproduce, distribute, or create derivative works of our content that is available on the Platform. Also, you shall not reverse engineer or reverse compile our technology that is available on the Platform, including, without limitation, such Java applet, as may be associated with the Platform from time to time.
You shall request the Company to block the Account and change the passcode immediately for the Account, if your Device has been lost or stolen.
You are responsible for any and all activities that occur in your Account. You agree to notify the Company immediately of any unauthorized use of the Account or any other breach of security. The Company shall not be liable for any loss to you owing to negligent actions or a failure on your part to inform the Company within a reasonable time, about loss or theft of your Device and/or any unauthorized access in your Account, either with or without your knowledge.
You shall be liable for losses incurred by Company or any other party due to a third party’s use of the Account. You shall not use any other person’s account at any time.
The Company shall make all reasonable efforts to ensure that your information is kept confidential. However, the Company shall not be responsible for any disclosure or leakage of confidential information and/or loss or damage of the Device due to theft, negligence or failure on your part to practice safe computing.
You shall ensure that while using the functions and features, all prevailing and applicable laws, rules and regulations, shall at all times, be strictly complied with by You and the Company shall not be liable in any manner whatsoever for default of any nature, by you, regarding the same.
You understand and acknowledge that upon using the Platform, you authorize us to access third party sites designated by you, on your behalf, to retrieve such information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant us a limited powers and hereby authorize us with the full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with services and facilities available on the Platform, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ACCESSES AND RETRIEVE INFORMATION FROM THIRD PARTY SITES, WE ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that such third parties shall be entitled to rely on the foregoing authorization, agency granted by you.
We are not responsible if information made available on this Platform is not accurate, complete or current. The material on this Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Platform is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Platform at any time, but we have no obligation to update any information on our Platform. You agree that it is your responsibility to monitor changes to our Platform.
You are solely responsible for all contents that you upload, post, email or otherwise transmit via the Platform.
Payments for purchase of Products can be made in one of the following ways:
Credit and Debit cards;
E - Wallets
UPI and Gfft Cards
We use a third-party service provider, CCAvenue, for effecting and processing payments made by electronic means on our Platform. The measures employed to secure such payments are the sole responsibility of this third-party service provider. For any information pertaining to the security measures implemented by your bank, UPI, credit card or E-Wallet service provider, please contact them directly. We are not responsible or liable for any of their data security practices or obligations.
Unless otherwise stated, all the product prices are inclusive of Goods and Service tax and all other applicable taxes, duties and cesses (“Taxes”). You shall be responsible for the payment of all Taxes associated with purchases made on the Platform.
While availing any of the payment methods available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to: (i) Lack of authorization for any transaction(s), or (ii) Exceeding the present limit mutually agreed by and between You and the concerned bank, or
(iii) Any payment issues arising out of the transaction, or
(iv) Decline of transaction for any other reason(s).
All payments made against the services on the Platform by You shall be compulsorily in Indian Rupees. The Platform will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Platform.
Shipping and Delivery
Delivery Partners: We use third party delivery partners to deliver your order to you at the address provided by you. You will be provided with details of the delivery partner and tracking details via e-mail to enable you to track your order. In case they are unable to reach your specified delivery location, they may contact you to resolve the issue.
Delivery Time: Our third-party delivery partners will deliver the products to you in accordance with the timeline mentioned at the time of making the purchase. The delivery time for every individual order can be tracked with the details provided by our delivery partners. These dates however, may be changed by our delivery partners, upon the occurrence of force majeure events. All our products come in discreet, secure packaging. The product is packed into a satin pouch and placed within an Ooh Yes! packaging box, with no pictures that are indicative of the contents. It is then packed into a plain brown cardboard box and made ready for shipping. Rest assured, the contents of the package will be indiscernible by first sight or feel.
Shipping Charges: We provide free delivery for zip codes serviceable by our third-party delivery partner.
Inspection upon Delivery: While we will provide you with products which are packaged in the highest quality packaging material, we would advise you to inspect the products ordered upon delivery to ensure that they are in order.
We require you to provide accurate details, phone number and address for us to be able to deliver your order. In case you provide us with inaccurate details for delivery, we will be unable to deliver your order. The Company, delivery partners and all our affiliates will not be responsible in any manner for being unable to deliver your order due to any such inaccurate details provided by you. Additionally, if you provide us with an incorrect delivery address or misuse the Platform, then we may blacklist you and bar you from using the Platform.
You hereby acknowledge and agree that the contents of the blogs and/or articles posted on the Platform are opinions/ advises/ suggestions of a third party and in no manner be considered opinions/ advises/ suggestions of the Company. Please note that blog posts are provided for information purposes only.
You further agree that we will not be held liable, in any manner whatsoever, in event of your usage of Products based on the opinions/ advises/ suggestions provided under the blog posts.