Ordering Process and Pricing
The Site displays a list of varied merchandise and offers for sell, including but not limited to shoes (Products) in the territory of India. All purchases made on the Site are subject to O’baby’s acceptance, which is in its sole discretion. Without limitation, this means that O’baby may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. Without limiting the foregoing, O’baby reserves the right to refuse to accept or cancel any orders which are to be shipped to any freight forwarding or similar service, whether or not the order has been confirmed. If your credit/debit card has already been charged for a purchase that is subsequently cancelled, the Site shall issue a credit to your credit/debit card account.
In case a Product appears out of stock, feel free to write to O’baby at any of the contact information provided herein in order to get notified about the re-stocking of the said Product.
Pricing
The price listed on the Site for the Product will be inclusive of taxes and you will be required to make payment of the final invoiced amount of such price including delivery/handling charges or other additional sums that form part of the final invoice. O’Baby makes every attempt to properly price all Products, but errors may occasionally occur. These pricing errors may result in a lower or higher stated price on the Site. O’Baby reserves the right to cancel orders which include a pricing or discount error.
Prohibited use
The entire content included in the Site, including but not limited to text, graphics or code is copyrighted as a collective work as per the laws of intellectual property rights and other relevant of laws of India, and is the sole and exclusive property of O’Baby. The collective work includes works that O’Baby has created and produced for the Products. The contents of this Site can be used solely for your own non-commercial purposes, or to place an order with the Site or to purchase any other products on the Site. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of the Site is strictly prohibited, unless authorized by O’Baby. You further agree not to change or delete any proprietary notice from materials downloaded or printed from the Site.
Disclaimer of Warranty
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: THE SITE, SERVICES AND THE PRODUCTS THEREIN ARE PROVIDED BY THIS SITE IS ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, O’BABY MAKES NO WARRANTY THAT (I) YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, OR IN A TIMELY MANNER; (II) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR OTHER PRODUCTS WILL BE CORRECTED; (III) THE PRODUCTS OFFERED THROUGH THE SITE SHALL BE AS PER THE IMAGES PROVIDED ON THE SITE, SHALL MATCH THE DESCRIPTION ON THE SITE OR BE FIT FOR CONSUMPTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. O’BABY DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY CONTENT OR PRODUCTS ON THE SITE. DIRECT DAMAGES AND LOSSES SHALL ONLY BE RECOVERABLE BY VIRTUE OF THESE TERMS. IN NO EVENT SHALL O’BABY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM 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 SITE, SERVICES OR PRODUCTS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Indemnity
You agree to indemnify, defend, and hold harmless O’Baby, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your registered account (including negligent or wrongful conduct) by you or any other person accessing the Site using your registered account with us.
Suspension of your account or Site
You agree that we may temporarily suspend the access to the Site in order to diagnose any technical issues and resolve the same; or improve the quality and functionality of the Site; or implement any changes to the Site. We may suspend your access to the Site, where it is necessary to safeguard the security and integrity of the network; or implement emergency planning measures or due to any technical failure of the network; or where required by applicable law or directed by any governmental authority. You acknowledge that during such time the Site may not run at capacity; or may be unavailable in a particular network area; and/or coverage could be affected or network may be suspended for any technical failure of the network.
In case of any suspicious activity observed by you regarding your account with the Site or it appear to you that your credentials have been compromised, you are required to notify O’Baby about the same at the earliest by contacting us and O’Baby shall assist in recovery of your account and in resetting your password and necessary information.
Links to third-party websites
O’Baby neither endorses or promotes or provides any service qua social media through necessary integration. For this purpose, you may opt to log in to the social media by creating an account or signing in on such social media. You agree to access the third party links and advertisements on the Site at your sole discretion and in compliance of the terms and conditions of such website or application and O’Baby shall not be responsible for any kind of transmission or publication of any contents on any social media. Third-party links on this Site may direct you to third-party websites that are not affiliated with O’Baby. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Feedback and Queries
In case a Product appears out of stock, feel free to write to O’Baby at any of the contact information provided herein in order to get notified about the re-stocking of the said Product.
Where you post any review, submission, feedback or comment or any statement of such nature on the related link, such content shall be posted publicly on the Site on the sole discretion of O’Baby and shall not be subject to any alteration or modification or moderation by O’Baby or its members. You agree that O’Baby is free to use any comments, information or ideas contained in any communication you may send to the Site or submit to the Site without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing Products and services and creating, modifying or improving the Site or other products or services.O’Baby does not and cannot review all communications and materials posted to or created by you who is using or accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute (for non-commercial purposes) the contents of the Site, the Site is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any user-related content or activities on the Site. You may not post or otherwise distribute content to the Site which O’Baby in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of O’Baby or another party, illegal, or otherwise objectionable to O’Baby. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
Feedback and Queries
You agree that O’Baby shall not be responsible for any failure or delays to fulfil any obligation under these Terms, for so long as, and to the extent to which, the fulfilment of such obligation is impeded by a force majeure event, which shall mean to include, but not limited to, an event which is beyond the control of O’Baby; Act of God; traffic; unavailability of Product. However, all reasonable efforts and precautions shall be undertaken by O’Baby to supervene and subside any such event and perform the obligations as per the Terms.
No Third-Party Rights
These Terms is made only for the benefit of you and O’Baby and is of privy nature, thereby not enforceable by any third-party person as per the laws of contract in India.
Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with the laws of India. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Maharashtra. This does not prevent O’Baby from making an application to any court of competent jurisdiction to obtain an interim remedy (including any injunction) at law or in equity in relation to any dispute that arises in relation to these Terms.
Complaints and resolution mechanism
O’Baby shall endeavour to resolve any complaint and dispute, that may arise on account of your online purchase of the Product, technical difficulty or with respect to the services received. Complaints pertaining to the Products shall be forwarded to O’Baby at the email address support@obaby.in for further review, investigation and response. You must follow the return process as mentioned under Returns policy to claim an exchange of the product.
Policy for NDNC
By using the Website and/or registering yourself at O’Baby.com you authorize us to contact you via email or phone call or sms and offer you our services, imparting product knowledge, offer promotional offers running on website & offers offered by the associated third parties, for which reasons, personally identifiable information may be collected. And irrespective of the fact if also you have registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call from O’Baby for the above mentioned purposes till 365 days of your registration with us. This Privacy Policy covers Neeman’s treatment of personally identifiable information that O’Baby collects when you are on the O’Baby site, and when you use Neeman's services. This policy also covers Neeman's treatment of personally identifiable information that Neeman's business partner shares with O’Baby. This policy does not apply to the certain O’Baby products or services, when you visit Neeman’s pages, and when you enter promotions. O’Baby may also receive personally identifiable information from our business partners. When you registered with O’Baby, we ask for your first name, last name, contact no, email, Date of Birth and gender. Once you register with O’Baby and sign in to our services, you are not anonymous to us. Also during registration, you may be requested to register your mobile phone and email id, pager, or other device to receive text messages, and other services to your wireless device. By registration you authorise us to send sms/email alerts to you for your login details and any other service requirements or some advertising messages/emails from us.]
Miscellaneous
By using the Site, you agree to receive electronic communications from O’Baby. You agree that any notice, agreement, disclosure or other communication that O’Baby sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. O’Baby’ failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct the parties nor trade practice shall act to modify any of these Terms. O’Baby may assign its rights and duties under this Agreement to any party at any time without notice to you.
You can view O’Baby’ Privacy Policy here.
Intellectual property right
All graphics, images and content on the www.obaby.in website, blog and mobile application belong exclusively to O’BABY, or its affiliates. The use of any O’BABY trademarks or service marks without O’BABY’s express written consent is strictly prohibited. You may not use O’BABY’s trademarks or service marks in connection with any product or service that is in any way likely to cause confusion or to disparage or discredit O’BABY. In addition, you may not use any of O’BABY’s trademarks or service marks in meta tags without O’BABY’s explicit prior consent.
