Policies & Rules
Last updated on March 5, 2015.
www.ostabay.com (“Website“) is an Internet based portal owned and operated by Ostabay, a company incorporated under the laws of India, with its registered office at ADDRESS, India and having CIN. Use of the Website is offered to You conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by Ostabay at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.
Ostabay agrees to facilitate the delivery of the merchandise ordered by you only at such locations as per the Order Confirmation Form through third party shipping providers. Ostabay shall not be liable for any merchandize or Services purchased by Users for delivery in locations inside or outside India.
The Website is a platform that facilitates the online sale and purchase of branded merchandise and services offered by Ostabay’s various affiliate/ registered merchants/ vendors/ service providers at a price (“Services“). The Services may be offered to the Users through various modes which shall include, issue of coupons and vouchers that can be redeemed for various services. The purchase of products and services on the Website shall be governed by the Terms of Offer For Sale (“Terms of Offer For Sale“)
3. Eligibility to Use
The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Ostabay system by Ostabay for any reason whatsoever. If You do not conform to the above qualification, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the Services provided by Ostabay through Your legal guardian in accordance with the applicable laws.
Ostabay reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
You shall not have more than one active Account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.
4. User Account, Password, and Security
The Website requires You to register as a User by creating an Account in order to avail of the Services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Ostabay of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Ostabay cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 4.2. You may be held liable for losses incurred by Ostabay or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
The Website also allows restricted access to the Services for unregistered Users.
You shall ensure that the Account Information provided by You in the Website’s registration form is complete, accurate and up-to-date. Use of another user’s Account Information for availing the Services is expressly prohibited.
If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Ostabay has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Ostabay has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).
5. Pricing information
Ostabay strives to provide You with the best prices possible on products and services You buy or avail of from the Website. The pricing details for purchase of products and services from the Website are detailed under the Terms of Offer For Sale.
You agree to provide correct and accurate credit card/debit card/bank account details to the approved payment gateway for availing Services on the Website. You shall not use the credit card/debit card/bank account which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit card/debit card/bank account. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. Ostabay expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.
Ostabay shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by Ostabay with our acquiring bank from time to time.
6. User Obligations
You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that You access on the Website in accordance with Section 7.
You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by Ostabay. You shall not use any deep-link, 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 Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. Ostabay disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in the manner prescribed under Section 17 herein.
If Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
- Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
- Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
- 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;
- Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
- Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Ostabay server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
- 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, the Website, or any other customer of Ostabay, including any Ostabay Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
- Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
- Use any device or software 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;
- Conduct or forward surveys, contests, pyramid schemes or chain letters;
- Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- 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;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Violate any applicable laws or regulations for the time being in force within or outside India;
- Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
You agree and acknowledge that Ostabay is not the seller of the products and the services and Ostabay shall in no manner be deemed to be the seller of the products or services on this Website. Ostabay is only facilitating purchase of the products or services by You from the vendor by providing the Services to You.
You agree that Ostabay may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.
7. Use of Materials
Except as expressly indicated to the contrary in any applicable Additional Terms, Ostabay hereby grants You a non-exclusive, freely revocable (upon notice from Ostabay), non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following conditions:
- You may not modify or alter product catalogues or any other materials available on the Website;
- You may not distribute or sell, rent, lease, license or otherwise make the product catalogues or any other materials available on the Website available to others; and
- You may not remove any text, copyright or other proprietary notices contained in the product catalogues or any other materials available on the Website.
The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The product catalogues or any other materials available on the Website may be copied or retransmitted unless expressly permitted by Ostabay.
Any purchase of the merchandise or Services from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Services or merchandize purchased is not transferrable to any third party for profit.
8. Usage Conduct
You shall solely be responsible for maintaining the necessary computer equipments and Internet connections that may be required to access, use and transact on the Website.
You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.
You shall use this Website, and any voucher/ coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
Ostabay shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by Ostabay with our acquiring bank from time to time.
9. Intellectual Property Rights
The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content“) on the Website is owned and controlled by Ostabay and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
The trademarks, logos and service marks displayed on the Website (“Marks“) are the property of Ostabay or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of Ostabay, the vendor or the third party that may own the Marks.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Ostabay owns all intellectual property rights to and into the trademark “Snap Deal”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Ostabay or thirty party owner of such Content.
10. Third Party Content
The Website makes available general third party information such as, product catalogues, lists of authorized dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products and other data from external sources (“Third Party Content“). Similar Third Party Content would also be available to You on the email received by You from Ostabay. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. Ostabay does not provide any guarantee with respect to any the Third Party Content and Ostabay shall not be held liable for any loss suffered by You based on Your reliance on or use of such data.
11. Disclaimer of Warranties and Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OSTABAY WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. OSTABAY ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
OSTABAY WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. OSTABAY HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT OSTABAY NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. OSTABAY SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES 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, OSTABAY 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 OSTABAY ‘S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL 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 OR DATA. OSTABAY IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. OSTABAY ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
OSTABAY SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
12. Indemnification and Limitation of Liability
In no event shall Ostabay, its officers, directors, employees, partners or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Ostabay has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or materials.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
You agree that Ostabay may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or (4) unexpected technical issues or problems.
- Ostabay is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful);
- The provision of the Services to You by Ostabay is, in Ostabay’s opinion, no longer commercially viable;
- Ostabay has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or
Ostabay 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) deletion of Your materials and 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 (iii) barring of further use of the Services.
You agree that all terminations shall be made in Ostabay’s sole discretion and that Ostabay shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.
If You or Ostabay terminates Your use of the Website, Ostabay may delete any content or other materials relating to Your use of the Website and Ostabay will have no liability to You or any third party for doing so.
15. Governing Law
You hereby expressly agree to receive communications by way of SMS, e-mails from Ostabay relating to Services provided through the Website.
A User can unsubscribe/ opt-out from receiving communications from Ostabay through SMS and e-mail anytime by:
a. Newsletters sent daily at the registered email address.—by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail
19. General Provisions
20. Feedback and Information
Any feedback You provide to this Website shall be deemed to be non-confidential. Ostabay 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) Ostabay is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Ostabay 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 Ostabay for the feedback under any circumstances.
Copyright © Elagra Infocom Private Limited. All rights reserved.
Last updated on March 5, 2015
These terms of offer for sale (“Terms of Offer For Sale”) between Elagra Infocom Private Limited d/b/a Ostabay (hereinafter referred to as “Elagra Infocom” or “Ostabay”) and the users of the Website (“You” or “Your” or “Yourself” or “User”) describe, inter alia, the terms of offer for sale, purchase of goods and services through the redemption of cash vouchers/ coupons (“Voucher/s”) or otherwise on the Website, www.ostabay.com (“Website”).
PLEASE READ THE TERMS OF OFFER FOR SALE CAREFULLY BEFORE PURCHASING ANY PRODUCTS OR AVAILING ANY SERVICES ON THE WEBSITE. ANY PURCHASE MADE BY YOU THROUGH THE WEBSITE OF THE PRODUCTS/ SERVICES SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF OFFER FOR SALE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.
IF YOU DO NOT AGREE WITH THE TERMS OF OFFER FOR SALE, PLEASE DO NOT ACCESS THE WEBSITE FOR ANY PURCHASE.
The Website is a platform that facilitates the online sale and purchase of branded merchandise and services (“Services”) offered by Ostabay’s various affiliates/ registered merchants/ vendors/ service providers (“Vendor/s”). The Services are offered to the Users through various modes which shall include but not be limited to, sale of Vouchers that can be redeemed for various products and services, sale of products etc. The Vendors are the sellers of products and services on the Website and will be solely responsible to You for the products sold or for redemption of any Voucher purchased by You through the Website.
You acknowledge that Ostabay has the right to change or discontinue any Service at any time, without notice. You further acknowledge that Ostabay may add or modify the procedures, modes, processes or conditions of purchase at any time to adapt to changes that Ostabay may make to the Services. You agree that Ostabay shall not be liable to You or to any third party for any modification, suspension or discontinuance of any aspect of the Services.
Ostabay, through the Website also makes available of variety of products and merchandise at an agreed price to You. Purchase of such products will be subject to the Terms of Offer For Sale and such other additional terms, if any, as specified by the Vendor.
Ostabay offers SHIPPING, INSPECTION, INSURANCE etc through reputed third parties for all the products on the Website as per the company’s policy, which may be changed by Ostabay without any notice to You. All charges including but not limited to consignment clearing charges, shipping charges, container charges, port charges, inspection charges, insurance charges etc. wherever applicable, is paid by Ostabay on Your behalf to the third party shipping provider approved by You on Website. Ostabay will collect these charges from You in advance at the time of confirmation of approved order placed by You.
All the Products are governed by the terms of warranties provided by the respective manufacturer/ brands. However, in case any product is covered under seller warranty, it shall be specifically mentioned under the product details.
The price of products offered on the Website is either equal to or lesser than the Maximum Retail Price (“MRP”) i.e., the discounted rate prescribed for those products. The MRP and other statutory declarations shall be mentioned on the products and/or on its packaging in accordance with applicable laws.
You should take all responsibility for your own actions in utilizing the services purchased by You and Ostabay shall not be liable for any such action.
You represents that You are of legal age to form a binding contract with Ostabay and are not a person barred from receiving services under the laws as applicable in India.
You confirm that Ostabay shall not be responsible for any deficiency in payment of consideration payable towards the services purchased from the Website.
Ostabay does not offer any refunds against any services already purchased from the Website unless, any error has occurred during the purchase or redemption of such services which is directly attributable to Ostabay.
4. Pricing Information
Ostabay strives to provide You with the best prices possible on products and services You buy or avail of from the Website. However, Ostabay does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice or any consequential liability to You.
While Ostabay strives to provide accurate products, services and pricing information, typographical and other errors may occur. In the event that a product or service is listed at an incorrect price or with incorrect information due to an error in pricing or product or service information, Ostabay may, at its discretion, either contact You for instructions or cancel Your order and notify You of such cancellation. Ostabay will have the right to modify the price of the product or service and contact You for further instructions via e-mail address provided by You at the time of registration, or cancel the order and notify You of such cancellation. If Ostabay cancels the order after the payment has been processed, the said amount will be remitted to Your account from which the payment was made.
5. Credit Card Details
In certain cases, specifically with regard to particular products/ services, You might be required to provide Your credit or debit card details to the approved payment gateways while making the payment. In this regard You agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. Ostabay expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.
6. Delivery of the Products
Your shipping address, pin code will be verified with the database of Ostabay before You proceed to pay for Your purchase. In the event case Your order is not serviceable by our delivery partners or the merchant or the area is not covered, we would request You to provide us with an alternate shipping address which we expect to have on our partner/merchant’s delivery list. In case there is any dispute regarding the shipment of the product or services for the area not covered by Ostabay, in such cases Ostabay will not be responsible for the non-delivery of the product. Ostabay doesn’t deliver items to countries which are banned for trade by Government of India. However, You can make purchases on the website from anywhere in the world but at the same time ensuring the shipping address is within the countries allowed to do trade from India.
You are solely responsible to provide complete details and all relevant documents or registration proofs which may be necessary for import of products from India as may be required by the authorities in India or in the country of your destination. You agree that Your failure to submit such documents on time or entirely may result in additional charges and penalties. You agree to pay all such charges and penalties to Ostabay without any delay and dispute.
In case You book multiple order for the Products and Services in one transaction, Ostabay would endeavor to ship all Products together. However, this may not always be possible due to some product characteristics and/or logistics’ issues. If You purchase multiple Products in single transaction, then all the Products would be dispatched to a single shipping address given by You. If You wish to ship Products to different addresses, then You should book the orders separately based on the delivery addresses.
7. Dispute Resolution
In the event You receive a damaged / defective product or a product that does not comply with the specifications as per your original order, You are required to get in touch with the customer service team through any of the below mentioned channels:
a. 24-hour call centre
b. Filling up the ‘Contact Us’ form;
Upon receiving Your complaint, Ostabay shall act as an arbitrator and verify the authenticity and the nature of the complaint and if Ostabay is convinced that the complaint is genuine and the products is not as per specification or that the defect is caused due to negligence of the Vendor, Ostabay will inform the relevant Vendor of such complaint. Further Ostabay will mediate the dispute between You and the Vendor and arrive at a suitable resolution. Ostabay’s decision in this matter will be final and binding on both the Vendor and You. However, in the event of frivolous and baseless complaints regarding the quality and content of the products, Ostabay reserves the right to take necessary legal actions against You and You will be solely liable for all costs incurred by Ostabay in this regard. You expressly acknowledge that the Vendor selling the defective product/ service will be solely responsible to You for any claims that You may have in relation to such defective product/ service and Ostabay shall not in any manner be held liable for the same.
Goods once bought on the Website cannot be returned under any circumstances. All goods sold on the Website are on a bulk basis and cannot be returned once purchased by You under any circumstances. It is strongly advised that You should choose for the products to be inspected and insured to cover all kinds of risks through our specified service providers. The risks thus arising then would be solely the responsibility and liability of the service provider.
Cancellation by Ostabay: There may be certain orders that Ostabay is unable to accept and must cancel. Ostabay reserves the right, at Ostabay’s sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in Your order being cancelled include, without limitation, non-availability of the product or quantities ordered by You, non- availability of the service, inaccuracies or errors in pricing information, or problems identified by Ostabay’s credit and fraud avoidance department. Ostabay may also require additional verifications or information before accepting any order. Ostabay will contact You if all or any portion of Your order is cancelled or if additional information is required to accept Your order. If Your order is cancelled after Your credit card has been charged, the said amount will be reversed back in Your credit card account. A promo code, once used shall not be refunded in case of cancellation of order either by Customer or Ostabay.
Cancellation by the User: In case of requests for order cancellations, Ostabay reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Ostabay receives a cancellation notice and the order has not been processed/ approved by Ostabay, Ostabay shall cancel the order and refund the entire amount to You within a reasonable period of time. Ostabay will not be able to cancel orders that have already been processed. Ostabay has the full right to decide whether an order has been processed or not. You agree not to dispute the decision made by Ostabay and accept Ostabay’s decision regarding the cancellation.
9. Failure to Sell by the Vendor
Unless due to Your negligence, in the event the Vendor fails to complete a sale of a product or a service when presented by You with a valid Voucher or otherwise, You acknowledge that the vendor will be solely liable to reimburse such amount as has already been paid by You for the purchase of such order. Further, You agree that Ostabay will not be held liable for failure of the Vendor to make available any product or service therein.
OSTABAY DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY PRODUCT (INCLUDING BUT NOT LIMITED TO PRODUCT CATALOGUES) OR SERVICES OFFERED BY THIRD PARTIES ACCESSIBLE THROUGH THE WEBSITE OR ANY LINKED SITES. OSTABAY MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, THE VENDOR OR ANY SUCH THIRD PARTIES, THEIR PRODUCTS OR SERVICES, INCLUDING REPRESENTATIONS RELATING TO NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. ANY TRANSACTIONS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK. THE PRODUCTS SHALL BE SUBJECT TO VENDOR’S TERMS AND CONDITIONS FOR WARRANTY, SERVICE AND MAINTENANCE, AND OSTABAY DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. OSTABAY ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY YOU.
OSTABAY SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY DEFECT IVE OR COUNTERFEIT PRODUCTS PURCHASED OR SERVICE AVAILED BY YOU FROM THE VENDOR AND OSTABAY SHALL NOT ASSUME ANY LIABILITY IF THE PRODUCT PURCHASED OR SERVICE AVAILED BY YOU FROM THE VENDOR IS NOT EXACTLY AS PER SPECIFICATIONS DETAILED IN THE PURCHASE CONFIRMATION ORDER.
11. Indemnification and Limitation of Liability
You agree to indemnify, defend and hold harmless Ostabay from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Ostabay that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Offer For Sale or any Additional Terms applicable to the purchase of products and services on the Website.
In no event shall Ostabay, its officers, directors, employees, partners or vendors be liable to You, the Vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Ostabay has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your purchase of the products and services herein. Notwithstanding anything to contrary, Ostabay’s entire liability to You under this Terms of Offer For Sale or otherwise shall be the refund of the money charged from You for any specific Voucher or product or service, under which the unlikely liability arises.
Ostabay shall not assume any liability for the non-availability of the product, delivery of the product and the installation of the product where required or any action or inaction that might be taken by the Vendor after issue of the Voucher to the User.
You agree to indemnify, defend and hold harmless Ostabay if You choose to contact any Seller listed on Website directly and deal with him directly. Under no circumstances shall Ostabay be responsible for any issues arising out of such transactions. Ostabay under no circumstances assumes liability for any such dealings or conversations or trade. You will be dealing with the Seller at your own and solely Your responsibility.
12. Governing Law
These Terms of Offer For Sale and the relationship between You and Ostabay shall be governed in accordance with 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 to the Terms of Offer For Sale or any transactions entered into on or through the Website or the relationship between You and Ostabay shall be subject to the exclusive jurisdiction of the courts at Bangalore and You hereby accede to and accept the jurisdiction of such courts.
ALL LINKED TERMS AND CONDITIONS HEREUNDER ARE ASSUMED TO BE READ, UNDERSTOOD AND AGREED BY YOU.
Copyright © Elagra Infocom Private Limited. All rights reserved.
Last updated on March 05, 2015
BY USING THE WEBSITE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS POLICY. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS POLICY, PLEASE DO NOT PROCEED FURTHER TO USE THIS WEBSITE.
1. Information and Usage
You may need to provide Ostabay Your Personal Information during the course of using some services of the Ostabay, for instance, creating a User ID, provide information in Your account while registering on the Website, or provide financial information while making an online purchase, upload content, participate in any online survey or contest, communicate with Ostabay’s customer service by phone, email or otherwise, provide reviews for the content available on the Website.
Ostabay collects only such Personal Information that Ostabay believes to be relevant and is required to understand You or Your interests. Ostabay collects Your Personal Information in order to record, support and facilitate Your participation in the activities You select, track Your preferences, to provide You with a customized Website experience, to notify You of any updated information and new activities and other related functions offered by Ostabay, keep You informed about latest content available on the Website, special offers, and other products and services of Ostabay, to assist You with customer service or technical support issues, to follow up with You after Your visit, to otherwise support Your relationship with Ostabay or to prevent fraud and unlawful use.
In an effort to make our Website effective, certain information may be collected each time you visit the Website. Such information may be stored in server logs. These encrypted statistics do not identify you personally, but provide us the information regarding your visit to the Website and the type of user who is accessing our Website and certain browsing activities by You. This data may include: IP address of Your server from where the Website is being accessed, the type of browser (Internet Explorer, Firefox, Opera, Google Chrome etc.), the operating system of Your system and the Website You last visited before visiting to our Website. The duration of Your stay on our Website is also stored in the session along with the date and time of your access. These data are used by Ostabay to understand the use and number of user visiting the Website. Some of the information related to the Website and Your visit to the Website may be shared by the sponsors, investors, advertisers, developer, strategic business partners of Ostabay and some associates in order to enhance and grow our business and the Website but we assure that these information will never include any of Your Personal Informations. This anonymous information is collected through the use of a pixel tag, which is industry standard technology used by most major Websites.
When You use the Website, Ostabay ‘s servers (which may be hosted by a third party service provider) may collect information indirectly and automatically about Your activities on the Website; for instance by way of cookies. A cookie is a small amount of data that is sent to a user’s browser from a web server and is eventually stored on a user’s computer hard drive. This anonymous information is maintained distinctly and is not linked to the Personal Information You submit to Ostabay.
Whether You want Your web browser to accept cookies or not is up to You. If You haven’t changed Your computer’s settings, most likely Your browser already accepts cookies. If You choose to decline cookies, You may not be able to fully experience all features of the Website. You can also delete Your browser cookies or disable them entirely, but this may significantly impact Your experience with the Website and may make parts of the Website non functional or inaccessible. We recommend that You leave them turned on.
We use third-party service providers to serve ads on our behalf across the internet and sometimes on this Website. They may collect anonymous information about Your visits to our Website, and Your interaction with our products and services. No personally identifiable information is collected or used in this process. They do not know the name, phone number, address, email address, or any personally identifying information about the user.
Ostabay also uses the log file like other website servers which is the standard measures. They include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. We use them to analyse trends, administer the site, track a user’s movement and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information.
Ostabay DOES NOT trade or sell Your Personal Information in any manner, except as specified herein, or if express consent is sought from You.
Personal Information provided by You is used only:
(a) to facilitate Your use of the Website;
(b) to respond to Your inquiries or fulfil Your requests for information about the various services;
(c) to provide You with information about Ostabay’s products/services and to send You information, materials, and offers from Ostabay;
(d) to send You important information regarding the Website, changes to Ostabay’s terms, conditions, and policies and/or other administrative information;
(e) to send You surveys and marketing communications that Ostabay believes may be of interest to You;
(f) to personalize Your experience on the Website and Ostabay’s other websites by presenting advertising, products and offers tailored to You;
(g) to help You address Your problems with the Website including addressing any technical problems;
(h) if You purchase any content or avail of any service from the Website, to complete and fulfil Your purchase, for example, to have Your payments processed, communicate with You regarding Your purchase and provide You with related customer service;
(i) for proper administering of the Website;
(j) to conduct internal reviews and data analysis for the Website (e.g., to determine the number of visitors to specific pages within the Website);
(k) to improve the services, content and advertising on the Website;
(l) to protect the integrity of the Website; and
(m) to respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law.
You acknowledge that apart from Your Personal Information, if You upload any content on the Website, such content may contain information including Personal Information and the same may be available to the other users of the Website. Ostabay will not be liable for the disclosure and dissemination of such Personal Information to third parties.
Ostabay may disclose aggregated information about the use of the Website, but it will never contain Personal Information. Ostabay does not disclose Personal Information to third parties in the normal course of operations. However, in situations when Ostabay is legally obligated to disclose information to the government or other third parties, Ostabay will do so.
Ostabay implements standard measures to protect against unauthorized access to and unlawful interception of Personal Information. However, no internet site can fully eliminate security risks.
2. Shared Personal Information
You are required to submit Your information at the time of making an online purchase on the Website. Ostabay uses an online payment gateway that is operated by a third party and the information that You share with Ostabay is transferred and shared with such third party payment gateway operator. The said operator may also have access to Your online purchase history/details that You make from the Website.
Extremely sensitive information like Your credit-card details are transacted upon secure sites of approved payment gateways which are digitally under encryption, thereby providing the highest possible degree of care as per current technology. You are advised, however, that internet technology is not 100% safe and You should exercise discretion on using the same.
3. Links to Third Party Websites
The Website provides third-party advertisements and links to other websites. Ostabay does not provide any Personal Information to these third-party websites or advertisers.
Ostabay strives to ensure the security, integrity and privacy of Your Personal Information and to protect Your Personal Information against unauthorized access or unauthorized alteration, disclosure or destruction. For this purpose, Ostabay adopts internal reviews of the data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where Ostabay stores Your personal data.
Ostabay is not responsible for any breach of security or for any actions of any third parties that receive Your Personal Information. The Website also linked to many other sites and we are not/shall be not responsible for their privacy policies or practices as it is beyond our control.
Notwithstanding anything contained in this Policy or elsewhere, Ostabay shall not be held responsible for any loss, damage or misuse of Your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event (as defined below).
A “Force Majeure Event” shall mean any event that is beyond the reasonable control of Ostabay and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, etc.
Ostabay will use information only in accordance with the Policy under which the information was collected unless we have received explicit authorization.
Ostabay may disclose any information Ostabay may have about You (including Your identity) if Ostabay determines that such disclosure is necessary in connection with any investigation or complaint regarding Your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Ostabay’s rights or property, or the rights or property of users of the Website, including Ostabay’s customers. Ostabay reserves the right at all times to disclose any information that Ostabay deems necessary to comply with any applicable law, regulation, legal process or governmental request. Ostabay also may disclose Your information when Ostabay determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Ostabay may preserve any communication by You with Ostabay through the Website or any Service, and may also disclose such data if required to do so by law or if Ostabay determines that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce this Policy; (3) respond to claims that any such data violates the rights of others; or (4) protect the rights, property or personal safety of Ostabay, its employees, users of, or visitors to, the Website, and the public.
6. User Discretion
You can always choose not to provide information and in such cases, if the information required is classified as mandatory, You will not be able to avail of that part of the Services, features or content.
You can add or update Your Personal Information on a regular basis. When You update information, Ostabay will keep a copy of the prior version for its records.
Ostabay may, if You so choose, send direct advertisement mailers to You at the address given by You. You have the option to opt-out of this direct mailer by clicking at the unsubscribed link option attached to e-mail. Ostabay respects Your privacy and if You do not want to receive e-mail or other communications from Ostabay, please report to Ostabay at email@example.com.
If You do not want Ostabay to use Personal Information that Ostabay to You, please report to Ostabay at firstname.lastname@example.org.
The ‘Help’ portion of the toolbar on most browsers will tell You how to prevent Your browser from accepting new cookies, how to have the browser notify You when You receive a new cookie, or how to disable cookies altogether. Further, You can also disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the Website of its manufacturer. However, as cookies allow You to take advantage of some of the Website’s features, some of the Website’s features and services may not function properly if Your cookies are disabled. It is therefore, recommended that You leave the cookies turned on. For instance, if You block or otherwise reject Ostabay’s cookies, You will not be able to add items to Your shopping cart, proceed to checkout, or download any of Ostabay’s Content or avail of Ostabay’s services that require You to log in.
7. General Provisions
Unless stated otherwise, the Policy applies to all information that Ostabay has about You and Your account.
By using this Website and the products, content and services provided on the Website, You agree and acknowledge that Your Personal Information collected through the Website may be transferred across national boundaries and stored and processed in any the country around the world. You also acknowledge that in certain countries or with respect to certain activities, the collection, transfer, storage, and processing of Your information may be undertaken by trusted third party vendors or agents of Ostabay such as credit card processors, web hosting providers, communication services, and web analytic providers, to help facilitate Ostabay in providing certain functions.
Ostabay may make changes to this Policy, from time to time at Ostabay’s sole discretion or on account of changes in law. Ostabay will not reduce Your rights under this Policy without Your explicit consent. Ostabay may e-mail periodic reminders of the notices and conditions, unless You have instructed Ostabay not to, but You should check the Website frequently to see recent changes. Notwithstanding the above, Ostabay shall not be required to notify You of any changes made to the Policy. The revised Policy shall be made available on the Website. Your continued use of the Website, following changes to the Policy, will constitute Your acceptance of those changes.
8. Grievance Officer
Grievance Officer Name: Adarsh Sikaria
email address: email@example.com
[10:00 AM to 6:30 PM from Monday to Friday except Public Holidays]
ALL LINKED TERMS AND CONDITIONS HEREUNDER ARE ASSUMED TO BE READ, UNDERSTOOD AND AGREED BY YOU.
Copyright © Elagra Infocom Private Limited. All rights reserved.