Introduction to our services
This Agreement governs your use of OMBC services (“Services”), through which you can have access towebsite services (“Content”). Our Services through this website is for delivering you with the fresh based on the subscription details entered by you on a monthly basis andon terms and condition related thereto. Our Services are available for your use in your country of residence (“Home Country”). To use our Services, you need compatible hardware, software (latest version recommended and sometimes required) and Internet access (fees may apply). Our Services performance may be affected by these factors.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to You, visitors, users and others who access or use the Service
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service
The website herein referred to in this Agreement shall refer to
http://www.ombc.in
Terms of use
This Agreement governs the use of the services (the "Service") offered by OMBC at the OMBC website having its domain name as
http://www.ombc.in.Please read these Terms of Use ("Terms of Use" or "Agreement") before using or continuing to use the services as displayed in the Website. Use of the Website constitutes an agreement by you to all terms and conditions in this Agreement. By using this Website you represent, warrant, understand, agree to, and accept all terms and conditions contained in this Agreement without modification. If you object to anything in this Agreement or the Privacy Policy, do not use the Website or the Service. The Terms of Use are subject to change by Websiteat its sole discretion at any time, effective upon posting of the revised version on the Website, and your use of the Service after such posting, or your failure to terminate your account before the effective date of the revised version, will constitute acceptance by you of the revised Terms of Use.
General Terms
You hereby represent, understand, and expressly agree that OMBCdoes not have any liability for or control over the veracity of information provided by You or the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the OMBC, nor of the veracity, integrity, responsibility or any of the actions whatsoever of the user.You hereby expressly agree to hold OMBC(and or its agents, assigns, representatives, advertisers or employees or its directors) harmless from any liability for any instruction, advice, act, omission, or services delivered which originated through the website and OMBCexpressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversiesthat have arisen or may arise, whether known or unknown .OMBC is not responsible for the performance, timeliness, professionalism, or any other quality measure of the Delivery agents responsible for delivery of the subscribed products by the users.
Information Provided by You
You are responsible for providing accurate, timely, and complete information to OMBC in connection with their registration for and use of the website. OMBCis not responsible for any claims relating to any inaccurate, untimely, or incomplete information provided to us.You represent and warrant that they are the owner or a licensee or otherwise have the right to provide any information or materials (including pre-existing materials) that they post or transmit for use in this Website. You hereby grant OMBCan irrevocable, royalty-free, perpetual, non-exclusive worldwide license to use, copy, display, modify, edit, create derivative works from and distribute any information or materials you post in this Website.
Content of the Information
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material.“Information" is defined as any information you provide to OMBCor other Users through the Website. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information for the purpose of online payment/Delivery of the products concerned. With respect to Your Information, you hereby represent and warrant to OMBCthat Your Information or any items or contents listed therein shall not be false, inaccurate, or misleading, fraudulent etc.
Links and account information
All Users do hereby agree to be the sole, authorized user of their account, and to be responsible for all use of their account. OMBC has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should any User suspect that any unauthorized party may be using their account, User does hereby agree to contact OMBC immediately. Links (such as hyperlinks) from OMBC to other sites on the Web do not constitute the endorsement by OMBC of those sites or their content. User acknowledges that these links are provided as an information service, for reference and convenience only. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. User acknowledges that OMBC does not control such websites, and is not responsible for their content, and that the existence of such links on the Site to such websites (including without limitation to external websites that are framed by the OMBC website as well as any advertisements displayed in connection therewith) does not mean that OMBC endorses any of the material on such websites, or has any association with their operators. Users further acknowledge that use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use for those websites/Applications, and not by OMBC and conditions. User agrees that User accesses such third-party websites at User's own risk. OMBC expressly disclaims any liability derived from the use and/or viewing of any websites /Applications or other material associated with links that may appear on this Site. All users do hereby agree to hold OMBC harmless from any liability that may result from the use of links that may appear on thoseWebsites.
Recommendation features
The Services will recommend Content to you based on your downloads, purchases and other activities. You may opt out from receiving such recommendations in your account settings.
Some recommendation features may require your permission before they are turned on. If you turn on these features, you will be asked to give OMBC, permission to collect and store certain data, including but not limited to data about your device activity, location, and usage. Please carefully read the information presented when you turn on these features.
Term of Agreement
This Agreement will become effective immediately upon any use by any User of the website on registration for availment of services of OMBCand shall remain effective unless terminated by OMBCas provided hereunder. OMBCmay terminate this Agreement by providingYou with written or email notice of such termination, which shall be effective immediately upon delivery of such notice to the User or User’s. Furthermore, OMBC may terminate this Agreement immediately for any breach of this Agreement or any applicable policy of OMBCas applicable from time to time. If OMBC terminates a User's membership in the Service because the User has breached this Agreement, the User will not be entitled to any refund of unused fees. All decisions regarding the termination of accounts shall be made in the sole discretion of OMBC, except as required by law, OMBCis not required to provide any User with notice prior to terminating the User's membership and/or subscription. Except as required by law, OMBCis not required to disclose, and may be prohibited from disclosing, a reason for the termination of the User's account. Even after the User's membership or subscription is terminated, this Agreement will remain enforceable against such terminated User. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
Place of Delivery
OMBC shall deliver its services at Chennai only to the places herein mentioned below.OMBC shall not be liable for any breach/violation for failure to deliver to the places other than those herein mentioned below. The place of delivery is subject to change from time to time and you/the user shall be deemed to accept the modified terms and conditions.
R.A Puram
Kotturpuram
Alwarpet
Adyar
Harrington road
Egmore
Anna nagar
Abiramapuram
Kilpauk.
No Liability
You agree not to hold OMBC, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the services throughthis Website. You release OMBCand its agents, officers, directors, corporate partners, and employees from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with any such disputes or through the Acts of the Delivery Agents/payments made through Pay u biz.
OMBC its directors, officers, employees, affiliates or any person connected thereto shall not be liable for the payments /unsuccessful transactions or whatsoever connected thereto made through the PayU biz.
OMBCshall use reasonable efforts to protect information submitted by you in connection with the services, but you agree that your submission of such information is at your sole risk, and you hereby release OMBCfrom any and all liability to you for any loss or liability relating to such information including but not limited to email, passwords, Address, Debit/Credit Card Information, Pin No/CVV etc. in any way.
OMBC does not represent or guarantee that the services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and you hereby release OMBC from any liability relating thereto.
OMBCis not responsible for data charges you may incur for downloading or streaming files over a data connection.
Governing Law
Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and OMBC, and all Transactions on the Services shall be governed by the Contract Act,1872.
Other provisions
This Agreement constitutes the entire agreement between you and OMBCand governs your use of the Services, superseding any prior agreements with respect to the same subject matter between you and OMBC. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, third-party software, or other additional services If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. OMBC’sfailure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. OMBCshall not be responsible for failure to fulfill any obligations due to causes beyond its control.
OMBC may notify you with respect to the services by sending an email message to your email address or a letter via postal mail to your mailing address, or by a posting on the services. notices shall become effective immediately. OMBC may also contact you by email or push notification to send you additional information about the services.
you hereby grant OMBC the right to take steps OMBC believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this agreement. you agree that OMBC has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as OMBC believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this agreement (including but not limited to OMBC’sright to cooperate with any legal process relating to your use of the services and/or content, and/or a third-party claim that your use of the services and/or content is unlawful and/or infringes such third party's rights).
Children under the age of majority should review this agreement with their parent or guardian to ensure that the child and parent or legal guardian understand it.
Intellectual property
You agree that the Services, including but not limited to Content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by OMBCand/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services for personal, noncommercial uses in compliance with this Agreement. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, or distribute the Services or Content in any manner, and you shall not exploit the Services in any manner not expressly authorized.
Transactions
PayU Biz and users contract between themselves. In no way is OMBCinvolved in transactions for services to be rendered to any User by PayU Biz. If there are any issues concerning payments/transactions, Users must deal directly with the PayU Biz to resolve any disputes. OMBC will not be held responsible and expressly disclaims any liability whatsoever for any claims and/or controversies that may arise from any disputes between users and the PayU Biz. By using this website, you do hereby represent, understand, and expressly agree to hold OMBC harmless from any liability arising from any claim or controversy that may arise from any disputes between Users of the website and PayU Biz. By using this website/service, you do hereby agree to report any alleged improprieties of any Users to OMBC immediately by notifying OMBCof the same via electronic correspondence at ombcdaily@ombcdaily.in .
Disclaimer of warranties and Limitation of Liability
OMBCdoes not guarantee, represent, or warrant that your use of the services will be uninterrupted or error-free, and you agree that from time to time OMBCmay remove the services for indefinite periods of time, cancel the services at any time, or otherwise limit or disable your access to the services without notice to you.
You expressly agree that your use of, or inability to use, the services is at your sole risk. the services and all content delivered to you through the services are (except as expressly stated by OMBC) provided "as is" and "as available" for your use, without warranties of any kind, either express or implied.
Under no circumstances will OMBCor its Affiliates be liable to You for any indirect, incidental, consequential, special or exemplary damages arising from any provision of this Agreement or any violation of any provision of this Agreement or any default arising out of the failure to execute the services as promised by the Delivery Agent/PayU Biz through this WebsiteAny notice or other communication to be given hereunder will be in writing and given by facsimile, registered post or certified mail return receipt requested, or electronic mail.
OMBC shall not beresponsible for the Actsamounting to misconduct arising out of the services through the use of this website/service and it shall not be liable to pay damages of any kind arising out of the same.
Waiver and indemnity
By using the services, you agree, to the extent permitted by law, to indemnify and hold OMBC, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this agreement, your use of the services, or any action taken by OMBCas part of its investigation of a suspected violation of this agreement by you/any persons connected with the services offered by OMBC or as a result of its finding or decision that a violation of this agreement has occurred. You agree that you shall not sue or recover any damages from OMBC, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the services, or to take any other action during the investigation of a suspected violation or as a result of OMBC’sconclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.
Termination and suspension of services
If you fail, or suspects that you have failed, to comply with any of the provisions of this Agreement, OMBC may, without notice to you: (i) terminate this Agreement and/or your Registration ID, and you will remain liable for all amounts due under your Registration ID up to and including the date of termination; and/or (ii) terminate your license to the software; and/or (iii) preclude your access to the Services.
Arbitration
Any controversy or claim arising out of or relating to an alleged breach of this Agreement or the use of this Website shall be settled by binding arbitration by a sole arbitrator mutually appointed by the parties to a dispute in accordance with the Arbitration and conciliation Act,1996. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.The language of arbitration shall be in English and the place of arbitration shall be at Chennai.
Third party materials and links to other web sites
Our Service may contain links to third¬-party web sites or services that are not owned or controlled by OMBC.OMBC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that OMBC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Contract changes
OMBC reserves the right at any time to modify this Agreement and to add new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Services will be deemed acceptance thereof.
Non-Solicitation
The Website and Service is designed for You/users for the purpose of receiving services through OMBCand the services it offers. The Website and related services may not be used by any person to recruit for another website, solicit, advertise, or contact in any form Users for employment, contracting, or any other purpose for a business not affiliated with OMBC. Should OMBCfind that you violate the terms of this section or any terms stated herein, OMBCreserves the right to terminate your use of this Site at its sole discretion at any time, and further reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Specific Terms and Conditions
OMBCdoes not have control over the quality, timing, or legalityof services actually delivered by the Delivery Agents. OMBC makes no representations about the suitability, reliability, timeliness, and accuracy of the services provided by the Delivery Agents whether in public, private, or offline interactions. Due to the nature of the Internet and the difficulty of and restrictions on verifying individuals, OMBCdoes not confirm that each Delivery agent is who they claim to be; however,OMBC screens and selects the Applicants based on the Education, Experience, Special skill requirements and certifications given by specified person.OMBCdoes not assume any responsibility for the accuracy or reliability of this information or any information on this Website. OMBCdoes not assume and expressly disclaims any liability that may result from the use of any information/service available on or through the website or in a background check report or other consumer report or identity report.
