Terms Of Use

• Personal Information and General

Yomp (OPC) Pvt. Ltd., a company incorporated under the companies act, 2013 with CIN U74999DL2020OPC365872 having its registered office at C-1/191, 1^st Floor, Sector-16 Rohini, Delhi 110089.

Your use / access of the Website and application, its related sites and hyperlinks, shall be governed by the terms and conditions, policies, rules of Yomp (OPC) Pvt. Ltd. (“Terms”) posted on the Website and application from time to time. These Terms applies to all users (whether Registered user or Guest User) of the Website and application.

Please read the Terms and conditions very carefully before using the Website and application as your use of the Website and application is subject to your acceptance of and compliance with the Terms. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and any Rules and Policies of Yomp (OPC) Pvt. Ltd., please do not click on the ” I Accept” button/check box and on the “Continue” button or “Pay Now” button and do not subscribe or seek to obtain access to or otherwise use the Website and application.

By subscribing to or using the website and application or any of our services through the Website and application you agree that you have read, understood and are bound by the Terms, Policies, directions of Yomp (OPC) Pvt. Ltd. regardless of how you subscribe to or use the Website and application. This Agreement comes into effect upon your “Acceptance” of these terms and conditions (“Terms”) however Yomp (OPC) Pvt. Ltd. at its sole discretion reserves its right not to accept a user from registering on the Website and application without assigning any reason thereof.

Services on the Marketplace are available to only select geographies in India, and are subject to restrictions based on business hours. Transactions through the Marketplace may be subject to a delivery charge where the minimum order size is not met. You will be informed of such delivery charges at the stage of check-out for a transaction through the Marketplace.

• Registration and Submission of personal details:

You can use the services offered by the Website and application as a “Registered User”. As part of the registration process on the Site, Company (Yomp (OPC) Pvt. Ltd.) may collect certain personally identifiable information about you including first and last name, email address, mobile phone number and contact details, Postal code, Demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the site you visit/access, the links you click on the site, the number of times you access the page and any such browsing information.

As a Registered User, you are responsible for maintaining the confidentiality of your user id and password. You are also responsible for maintaining the confidentiality of your email id and mobile number and for any unauthorized access to your mobile, tab, computer, computer system and computer network, and you are responsible for all activities that occur under your user id and password, email id and mobile number as the case may be. You agree to maintain and promptly update all data provided by you and to keep it true, accurate, current, and complete.

We will collect personally identifiable information about you only as part of a voluntary registration process, on-line survey, or contest or any combination thereof.

• Eligibility

Services of the Site would be available to only select geographies in India. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below 18 years your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption and the sale of which to minors is prohibited

You, as a Buyer, understand that upon initiating a transaction you are entering into a legally binding and enforceable contract with Company  to purchase the products and /or services from Company, and pay the transaction price to Company using appropriate Payment Facility. You, as a Buyer, understand that the all payment facility may not be available in full or in part for certain category of products and for certain locations and hence you may not be entitled to use that Payment Facility in respect of the transactions for those products or locations.

• Users Liability:

The User hereby affirms that the information provided by him / her is true, correct and complete to the best of his / her knowledge and belief. The User agrees and understands that he / she will be solely responsible in the event of any inaccuracy or deviation therefrom at a later stage.

You agree to comply with all applicable laws in connection with your use of the Website and application, and such further limitations as may be set forth in any written or on-screen notice from us.

You agree and undertake not to 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 and application. Reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website and application is not permitted.

You agree and undertake not to display, upload, modify, publish, transmit, update or share any information that:

i. belongs to another person and to which you do not have any legal right

ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner what so ever;

iii. harm minors in any way;

iv. infringes any patent, trademark, copyright, or other proprietary rights or third party’s trade secrets or rights of publicity or privacy;

v. violates any law for the time being in force;

vi. impersonate another person

vii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

viii. 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 cognizable offense or prevents investigation of any offense or is insulting any other nation;

1. is misleading or known to be false in any way.

Any unauthorized use shall automatically terminate the permission or sub-license granted by the Company.

• Permission to access website and application:

Company grants you a limited, revocable permission to access and make personal use of this Website and application, but not to download or modify it, its Contents or any portion of it, except with express written consent of Company. This permission does not include any resale or commercial use of this website and application or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website and application or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.

Except as expressly provided in Terms of Use, no part of the Website and application and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website and application or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.

• Communications:
  
  When you place an order on our Website and application or send e-mails to us, you are communicating with us electronically so you must provide a valid mobile phone number / email address and your address while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Website and application or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mails or phone calls from us with respect to your order.
  
  Your Obligations:
  
  You shall
  
  not acquire any ownership rights by downloading material /Contents from this website and application.
  
  ii. read the Terms and policies of website and application and agree to accept the Terms before use of Website and application
  
  iii. abide by the Terms and Policies of Website and application
  
  iv. Neither copy or modify the Contents of the website and application nor use the Website and application for commercial purpose
  
  v. purchase the product(s) from this Website and application for your internal / personal purpose and not for resale by you or any other person.

1. comply with all applicable laws in connection with your use of the Website and application, and such further limitations as may be set forth in any written or on-screen notice from us.
   
   vii. not refuse to accept the delivery of the Products under your order upon delivery except for damages and deficiencies
   
   viii. authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the website and application.

• Account & Registration Obligations

All shoppers have to register and login for placing orders on the Site. You have to keep your account and registration details current and correct for communications related to your purchases from the site. By agreeing to the terms and conditions, the shopper agrees to receive promotional communication and newsletters upon registration. The customer can opt out either by unsubscribing in “My Account” or by contacting the customer service.

• Pricing

Prices and taxes thereon in respect of all products are subject to change from time to time, without prior notice by Company. We strive to provide you with the best prices possible on our Website and application. All the products listed on the Website and application will be sold at Indian Rupees either at Maximum Retail Price (MRP) (inclusive of all taxes) or at an Offer/discounted price with taxes, unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. 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. In case the prices are higher or lower on the date of delivery not additional charges will be collected or refunded as the case may be at the time of the delivery of the order.

• Exactness / Accuracy of product:

We have made significant efforts to accurately display the colours / dimension / specification of products that appear on the Website and application. However, we do not warrant/guarantee that product description or other content of this Website and application is accurate, complete, reliable, current, or error-free. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colours, dimension, specifications of products offered on this Website and application.

• Cancellation of order

You can cancel your order fully or partially anytime up to the cut-off time of the slot for which you have placed an order by calling our customer service. In such a case we shall refund any payments already made by you for the order as per the prevailing Refund Policy.

Please email us at: [email protected] for cancellation or modification of your Order.

On receipt of the cancellation notice we shall cancel the order and refund the entire amount if the order has not been processed by us. Cancellation of Order can’t be done/accepted once the products under your order is released for dispatch/ shipped out from our delivery location.

• Return & Refunds

We have a “return and refund policy” which entitles all our members to return the product at the time of delivery if due to some reason they are not satisfied with the quality or freshness of the product. We will take the returned product back with us and if already paid the corresponding value would be refunded to you through the same mode of payment used at the time of purchase viz., credit card, debit card, net banking etc.

Products once sold and delivered to you, shall be eligible for return only if the product condition is found to be damaged, broken, faulty or different from the ordered one. You can return the product(s), purchased from us under your order as per below, provided the product(s) packs are sealed/unopened/unused and in original condition.

We do not make any cash refunds.

In case of prepaid orders, if any part of it remains short delivered due to some reason, corresponding value would be refunded to you through the same mode of payment used at the time of purchase viz., credit card, debit card, net banking etc.

The amount will be refunded to you between 3-15 working days depending upon the mode of payment chosen by you. Sometimes banks or financial intermediaries take a longer time to process the refund request. However, if the refund does not happen by the date advised, you may contact us and we will gladly help you.

• You Agree and Confirm

That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by Company for redelivery shall be claimed from you.

That you will use the services provided by the Site, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Site.

You will provide authentic and true information in all instances where such information is requested of you. Company reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), it has the right in its sole discretion to reject the registration and debar you from using the Services and / or other affiliated websites without prior intimation whatsoever.

You authorise company to contact you for any transactional purposes related to your order/account.

That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.

That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.

That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.

• Shipping Charges:

Delivery charge of will be leviable for each delivery, charges may be changed time to time. However, Company may run certain promotions / offers or prescribe minimum order value for each transaction to waive the delivery charges. Delivery charges will be shown during checkout time of the order and shown in the final bill as well. We have provided the option to pickup from store location, in this case customer will pay the total order amount during checkout and no delivery charges will be levied from the customer.

• Order Tracking:

Once your order has been dispatched from our delivery point, an email or an SMS will be sent to you on the email address and mobile number provided by you under “Billing Address” and Order placed with Us. Status of your order will be updated based on the order completion activities. Company may send you the updated order status via mobile message or email to keep you updated regarding your placed order.

• Delivery Locations:

We currently deliver orders to selected areas across Delhi only. You may check the delivery serviceability of your area/locality by clicking on your location in application.

• Offline Payment Mode:

Cash on Delivery (CoD) – Buyer needs to make payment in cash to the delivery person at the time of receipt of delivery of the Products at its delivery location.

• Online Payment Mode:

1. Credit Cards
   
   ii. Debit Card
   
   iii. Net Banking
   
   iv. Wallet Payment

1. UPI

• You may not use the Site for any of the following purposes:

Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.

Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.

Gaining unauthorized access to other computer systems.

Interfering with any other person’s use or enjoyment of the Site.

Breaching any applicable laws;

Interfering or disrupting networks or web sites connected to the Site.

Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

Modification/Change in Terms & Conditions of Service:

Company may at any time modify the Terms & Conditions of Use of the Website/application without any prior notification to you. You can access the latest version of these Terms & Conditions at any given time on the Site/ application. You should regularly review the Terms & Conditions on the Site. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the Service. However, if you continue to use the Service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Site.

Indemnification:

You agree to indemnify, defend and hold harmless us and affiliates including employees, directors, officers, agents and their successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us arising out of your actions or inactions or result from your breach of the Terms and Conditions herein or any document incorporated by reference/hyperlink or infringement of intellectual property rights or your violation of any law, rules or regulations or the rights of any third party.

You hereby expressly release Yomp (OPC) Pvt. Ltd. and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the Manufacturers/Brand owners of the Products purchased through the website and application and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

This clause shall survive the expiry or termination of this Agreement.

TERMINATION POLICY

User Agreement shall be effective form the date and time of your acceptance of the Terms of the Website and application and remain in force unless and until terminated by either of us. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to us. Upon any termination of the User Agreement by either of us, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise.. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the User Agreement.

Reserved Rights of Company: 

We may discontinue this Website and application at any time and for any reason, without notice. All rights not expressly granted herein are hereby reserved to us.

Applicable Law: 

Any dispute arising out of these terms and conditions, user agreement, privacy policy or the documents they incorporate by reference and/or your use of the Website and application shall be governed and construed in accordance with the laws of India, notwithstanding any conflicts of law.

Jurisdiction: You specifically consent to submit any dispute arising out of these terms and conditions/User agreement to the jurisdiction of courts of Delhi, India.

DISCLAIMER: 

This Website and application provide content without any warranties or guarantees and in an “As Is” and “where is” basis. You must bear the risks associated with the use of the Site. This Website and application provides content from other Internet sites or resources and while Company and its software support service provider tries to ensure that material included on the Website and application is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Company and its affiliates shall not be held responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website and application. Company, its affiliates or its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website and application or that the operation of the Website and application will be error free and/or uninterrupted. Consequently, Yomp (OPC) Pvt. Ltd. and its affiliates/associates assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website and application; and/or any interruption or errors in the operation of the Website and application.