MY-OOPS! website(s) (our "Site" or "Sites") and related services are made available to you pursuant to the following Terms of Use & Service and any other rules posted on our Sites (collectively, the "TOS"). By visiting MY-OOPS.COM, you are accepting and consenting to the practices described in the TOS.
We may modify the TOS from time to time and your continued use of this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified TOS.
For those persons wishing to use our services, they must read and agree to be bound by our policies relating to those services. In particular, we draw you attention to our policies relating to the terms of purchase and our Privacy Policy. If you are under 18, you must let your parent or guardian know about MY-OOPS! 's Privacy Policy before you register to use this Site or any of this Site's services.
Please read the TOS and check back often. If you do not agree to any change to the TOS, then you must immediately stop using the Site.
A). Registration
To use some of the services or features made available to you on this Site, you will need to register. We may change registration requirements from time to time. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. If MY-OOPS.COM has reasonable grounds to suspect that such information is untrue, inaccurate and not current or not in accordance with the User Agreement, MY-OOPS.COM has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site. Should any of your registration information change, please notify us immediately at the following e-mail address customercare@my-oops.com.
"Your Information" is defined as any information you provide to us in the registration, buying or listing process, in the feedback area or through any e-mail feature. We will protect Your Information in accordance with our Privacy Policy. If you use the Site, you are responsible for maintaining the confidentiality of your account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or Password.MY-OOPS.COM shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. If you know or suspect that someone else knows your password you should notify us by contacting us immediately through the address provided below. If MY-OOPS.COM has reason to believe that there is likely to be a breach of security or misuse of the MY-OOPS.COM Site, we may require you to change your password or we may suspend your account without any liability to MY-OOPS.COM
B). Modification of Terms of use and Service
MY-OOPS.COM may at any time modify the User Agreement without any prior notification to you. Subsequent to any modification of the User Agreement, we will inform you of the modifications in the User Agreement via e-mail at the address provided by you while registering on MY-OOPS.COM. You can access the latest version of the User Agreement at any given time on MY-OOPS.COM. You should regularly review the User Agreement on MY-OOPS.COM. In the event the modified User Agreement 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 User Agreement.
C). Governing Law and Jurisdiction
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Delhi shall have exclusive jurisdiction in any proceedings arising out of this agreement.
Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by BARINA IMPEX (INDIA) PVT. LTD. and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Delhi. The High Court of judicature at Delhi alone shall have the jurisdiction and the Laws of India shall apply.
D). Your Activity
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
E). ELIGIBILITY TO PURCHASE
In order to make purchases through the Site, you will be requested to register and provide your personal details. Use of the Site is available only to persons who can form legally binding contracts under applicable law. 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 this 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 that of 18 years your parents or legal guardians can transact on behalf of you if they are registered users.
In particular, Customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is not available to persons whose membership has been suspended or terminated by MY-OOPS.com for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. Unless otherwise specified, the materials on this website are directed solely at those who access this website from India. MY-OOPS.com
makes no representation that any products or services referred to in the materials on this website are appropriate for use, or available outside India. Those who choose to access this Site from outside India are responsible for compliance with local laws if and to the extent local laws are applicable.MY-OOPS.COM will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India.
F). Credit Card Details
You agree, understand and confirm that the credit card details provided by you for availing of services on MY-OOPS.COM will be correct and accurate and you shall not use the credit card which is not lawfully owned by you. I.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to MY-OOPS.COM. Further the said information will not be utilized and shared by MY-OOPS.COM with any of the third parties unless required by law, regulation or court order. MY-OOPS.COM will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
G). Fraudulent /Declined Transactions
MY-OOPS.COM reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. MY-OOPS.COM reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
H). Objectionable Material
You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, MY-OOPS.COM and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
I). Indemnity
You agree to defend, indemnify and hold harmless MY-OOPS.COM, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to MY-OOPS.COM or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
J). Termination
This User Agreement is effective unless and until terminated by either you orMY-OOPS.COM. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. MY-OOPS.COM 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 MY-OOPS.COM. Upon any termination of the User Agreement by either you or MY-OOPS.COM, 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. MY-OOPS.COM right to any Comments shall survive any termination of this User Agreement. 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.
K). Limitation of Liability and Disclaimers
The Site is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Site.
The Site provides content from other Internet sites or resources and while MY-OOPS.COM tries to ensure that material included on the Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. MY-OOPS.COM will not be 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 Site.
This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement.
To the fullest extent permitted under applicable law, MY-OOPS.COM or its suppliers shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement.
Without prejudice to the generality of the section above, the total liability of MY-OOPS.COM to you for all liabilities arising out of this User Agreement is it in tort or contract is limited to the value of the product ordered by you.
MY-OOPS.COM, 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 Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, MY-OOPS.COM 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 Site; and/or any interruption or errors in the operation of the Site.
L). Information Collected
In general, you can visit this website without telling us who you are or revealing any information about yourself. Our web servers collect the domain names and not e-mail addresses of the visitors.
M). Pricing Information
While MY-OOPS.COM strives to provide accurate product and pricing information, pricing or typographical errors may occur. MY-OOPS.COM cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, MY-OOPS.COM shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is miss-priced, MY-OOPS.COM may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and MY-OOPS.COM will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that MY-OOPS.COM accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to MY-OOPS.COM dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account.
We strive to provide you with the lowest prices possible on MY-OOPS.COM as well as in all RETAIL OUTLETS. However, sometimes a price online does not match the price in a store. In our effort to be the lowest price provider in your particular geographic region, store pricing will sometimes differ from online prices. Prices and availability are subject to change without notice
N). Colors
We have made every effort to display the colors of our products that appear on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
O). Third Party Products
PLEASE NOTE: Along with the other terms and conditions these additional terms are applicable in case you have bought any products not manufactured by MY-OOPS.COM and its group companies. In other words these additional terms and conditions are applicable in case you buy products sold on MY-OOPS.COM by third party vendors.
You understand and agree that there may be certain products, which will be sold on the Site by third party vendors (“Vendors”). MY-OOPS.COM may not be able to control the transactions or the acts and omissions of the Vendors in such transactions. When you buy such products from Vendors on the Site the following additional terms and conditions will become applicable:
MY-OOPS.COM is not responsible for any non-performance or breach of any contract entered into between you and the Vendor. MY-OOPS.COM cannot and does not guarantee that the Vendors will perform any transaction concluded on the Site.
MY-OOPS.COMdoes not make any representation or warranty as to the attributes (such as quality, worth, marketability etc.) of the items or services proposed to be sold on the Site by the Vendor. In particular, MY-OOPS.COM does not implicitly or explicitly support or endorse the sale of any items or services on the Site. MY-OOPS.COM accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
You release and indemnify MY-OOPS.COM and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Vendors on the Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, MY-OOPS.COM cannot control the information provided by other Vendors, which is made available on the Site. You may find other Vendor’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.
All other terms and conditions of this User Agreement are applicable to such transactions.