Terms of service
Please read the following terms of service ("Terms") carefully before accessing or using this website, https://www.omaradates.com ("Website").
These Terms govern the use of this website by the users of the website ("User," "you," or "your"). Accessing, browsing, or otherwise using this website will be construed as your unequivocal and irrevocable acceptance and acknowledgment of the terms and binding policies hereof. If you disagree with these terms or any part of these terms, we recommend you refrain from using this website.
This website is owned, managed, and maintained by Omara Dates LLP, registered at 101-B, 1st Floor, Piramal Tower, Peninsula Corporate Park, Lower Parel West, Mumbai 400013 (the "Company" or "Omara Dates LLP." or "We" or "Us" or "Our").
The use or access of this website by you is subject to these Terms, along with the privacy policy and other policies that are incorporated herein by reference, which deem to constitute a legally binding contract between the User and the Company.
The Company may update, modify, amend, or change these Terms at any time, with or without prior notice. It is your responsibility to periodically review these Terms for any updates and changes, and your continued use of the Website will be considered your deemed acceptance of such updates and changes.
This website uses cookies. By using this website and agreeing to these terms, you consent to Omara Dates LLP's use of cookies in accordance with the terms of Omara Dates LLP's Privacy Policy.
This document is an electronic record in terms of the Information Technology Act, 2000, and rules made thereunder, and is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011. This electronic record is generated by a computer system and does not require any physical or digital signatures.
ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS, SO PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING.
Transactions on the website are available only to persons who are competent to contract under the Indian Contract Act, 1872. You represent and warrant to the company that: (a) you are 18 years of age or older and you shall not fall within the definition of "incompetent to contract" within the meaning of the Indian Contract Act, 1872; and (b) your use of the website will not violate any applicable law or regulation. We reserve the right to terminate your Account and/or refuse to provide you access to the Website if it is discovered that you are incompetent to contract within the meaning of the Indian Contract Act, 1872, or the information provided by you is inaccurate, or if you violate any applicable laws.
From time to time, this website may also include links to other websites that are not affiliated with the company. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). 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.
LICENSE TO USE WEBSITE
Unless otherwise stated, the company and/or its licensors own the intellectual property rights to the website and the material on it. As long as you comply with these Terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter, access, and use the website.
RESTRICTED ACCESS
Access to certain areas of this website may be restricted. Omara Dates LLP reserves the right to restrict access to other areas of this website, or indeed this entire website, at Omara Dates LLP's sole discretion.
If Omara Dates LLP provides you with a user account and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Omara Dates LLP reserves the right to disable your user account at Omara Dates LLP's sole discretion without notice or explanation.
Intellectual Property, Software, and Content
All content on this website, including the logo, graphics, text, design, images, videos, illustrations, logos, button icons, software code, interface, etc., and the collection, arrangement, and assembly of the content ("Content"), belong to the company, and the intellectual properties, software, and content of the company are protected by appropriate legislation. No part of the Content shall be copied, downloaded, modified, displayed, distributed, transmitted, or published without prior, written permission from the Company. All trademarks reproduced on this website that are not the property of or licensed to the operator are acknowledged on the website. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence. The User shall not modify the content or reproduce, display, publicly perform, distribute, reverse engineer, or otherwise use the content in any way for any public or commercial purpose or for personal gain.
USER CONTENT AND SUBMISSION
In these Terms, "user submissions" means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to this website for whatever purpose.
Omara Dates LLP welcomes your comments about your experiences shopping with us and your suggestions about how to improve the website. The Website permits the submission of written works, photos, audio files, videos, or other communications submitted by you and other Users of the Website ("User Submissions"), and the hosting, sharing, and/or publishing of the User Submissions. Any comments, ideas, suggestions, information, or any other content you contribute to Omara Dates LLP or the Website (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive, unconditional, and worldwide right and licence for Omara Dates LLP to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content without additional approval or consideration in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. You agree and understand that, whether or not such user submissions are published on the website, Omara Dates LLP does not guarantee any confidentiality with respect to any such submissions. Furthermore, you agree and acknowledge that Omara Dates LLP may publish your name and submissions on the Website, in Omara Dates LLP-managed social media, advertising, print material, or in any other press releases or media items.
IN RELATION TO YOUR USER SUBMISSION, YOU COVENANT, REPRESENT, AND WARRANT THAT:
You own or otherwise have the necessary licenses, rights, consents, and permissions to use and authorise Omara Dates LLP to use all patent, trade mark, trade secret, copyright, and other proprietary rights in and to any and all of the User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and the Terms.
In connection with your User Submissions, you agree that you will not (i) submit material that is copyrighted, protected by trade secrets, or otherwise subject to third party proprietary rights, including privacy rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Omara Dates LLP. all of the licence rights granted herein; (ii) publish falsehoods or misrepresentations that may cause or be likely to cause any damage to Omara Dates LLP. or any third party; (i) post advertisements or solicitations of business; (i) impersonate another person; (i) impersonate another person;
You agree and acknowledge that Omara Dates LLP does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Omara Dates LLP expressly disclaims any and all liability in connection with User Submissions. Furthermore, Omara Dates LLP does not permit copyright infringing activities or infringement of intellectual property rights on the Website, and Omara Dates LLP is entitled to block and remove all content and user submissions if properly notified that such content or user submission infringes on another's intellectual property rights. Omara Dates LLP. reserves the right to remove content and user submissions without prior notice.
No User Submissions may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the express written permission of Omara Dates LLP. Any unauthorised use terminates the permissions granted in these terms.
PAYMENT
All payments made on the Website shall only be in Indian rupees. The price applicable is that set at the date on which you place your order. Shipping costs and payment fees are recognised before confirming the purchase. You agree and acknowledge that you will have to make the requisite payment for the products availed of by you on the website or via cash on delivery. The company accepts online payments using either credit card, debit card, net banking, digital wallets, or other payment options as made available by the website from time to time. Card information is transmitted securely through a third party. Since Omara Dates LLP does not control the same, it shall have no role to play in any dispute related to payments or refunds. It is expected that the user will contact the third-party payment gateway and/or the bank for any issues related to payment for products purchased through the website. The collection and usage of payment-related information is governed by the policies of the payment gateway provider. Upon payment of the consideration for the products or your undertaking to pay for the product (in the case of cash on delivery), the product shall be delivered to you.
NO WARRANTIES
This website is provided "as is" without any representations or warranties, express or implied, except if otherwise specified in writing.
Occasionally, there may be information on Our Website that contains typographical errors, inaccuracies, or omissions that may relate to descriptions, pricing, promotions, offers, shipping charges, transit times, or availability of the products. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information on the Website, including, without limitation, pricing information, except as required by law.
Without prejudice to the generality of the foregoing paragraph, Omara Dates LLP does not warrant that this website will be constantly available, in full or in part, or available at all.
Nothing on this website is meant to constitute advice of any kind.
We reserve the right, but are not obligated, to limit the sales of the products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All product descriptions or product pricing are subject to change at any time without notice, at the sole discretion of Omara Dates LLP. We reserve the right to discontinue any product at any time without prior notice.
LIMITATIONS OF LIABILITY
"NOTWITHSTANDING ANYTHING TO THE CONTRARY, OMARADates LLP's AGGREGATE LIABILITY FOR USE OF THIS WEBSITE OR IN ANY OTHER SITUATION WHATSOEVER SHALL BE LIMITED TO A MAXIMUM OF THE SUM PAID BY THE USER AND SUM RECEIVED BY OMARADates LLP. FOR THE CONCERNED ORDER. HOWEVER, OMARADates LLP SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY IF SUCH LOSS IS CAUSED DUE TO NEGLIGENCE OR OTHER REASONS ATTRIBUTABLE TO THE USER/BUYER. IN NO EVENT SHALL OMARA DATES LLP BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, REGARDLESS OF WHETHER OMARA DATES LLP CAUSED THEM. (A) HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR (B) IS NEGLIGENT.
The company will try to make access to and use of the website error-free. However, your access to the Website may be suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. Please note that the company does not take responsibility for any access or use problems that arise from internet-related issues at your end. The company reserves at all times the right, at its sole discretion, to refuse access to the platform, terminate accounts, or remove or edit content at its discretion.
REASONABLENESS OF TERMS
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
OTHER PARTIES
You accept that, as a limited liability entity, Omara Dates LLP has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Omara Dates LLP, its officers, or employees in respect of any losses you suffer in connection with the Website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Omara Dates LLP.'s officers, employees, agents, subsidiaries, successors, assigns, and subcontractors, as well as Omara Dates LLP.
INDEMNITY
You agree to indemnify, defend, and hold harmless Omara Dates LLP., its affiliates, and all of their employees, agents, officers, directors, proprietors, partners, representatives, shareholders, servants, attorneys, accountants, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising in connection with (i) your use of and access to the Website; (ii) your violation of these Terms; and (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; and (v) use of the User Submissions by Omara Dates LLP.
To the fullest extent permitted by law, in no event shall the Company or any of its affiliates, holding companies, group companies, subsidiary companies, directors, officers, employees, agents, contractors, or content or service providers be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote, or punitive damage, including, but not limited to, damages for loss of profits, revenue, goodwill, use, data, or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to, the Website, or from, the use of, or In the event the applicable laws do not allow the exclusion or limitation of liability for consequential or incidental damages, then the liability shall be limited to the maximum extent permitted by law.
PRIVACY POLICY
Your submission of personal information through the website is governed by our privacy policy, which is incorporated herein by reference.
BREACH OF TERMS
Without prejudice to Omara Dates LLP's other rights under these Terms, if you breach these Terms in any way, Omara Dates LLP may take such action as Omara Dates LLP deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website, and/or bringing court proceedings against you.
ASSIGNMENT
Omara Dates LLP may transfer, subcontract, or otherwise deal with Omara Dates LLP's rights and/or obligations under these Terms without notifying you or obtaining your consent.
You may not transfer, subcontract, or otherwise deal with your rights and/or obligations under these Terms.
FORCE MAJEURE
Notwithstanding anything contained in these Terms or elsewhere, Omara Dates LLP shall not be held responsible for any loss, damage, delay, or failure to comply with its obligations if the loss, damage, delay, or failure arises from or is attributable to a Force Majeure Event. A ‘Force Majeure Event’ means any event that is beyond Hector Beverage’s reasonable control and includes, without limitation, fire, flood, explosion, acts of God, civil commotion, strikes, lockouts, or industrial action of any kind; riots, insurrection, terrorist attacks, war, acts of government; power failure; sabotage; computer hacking; unauthorised access to computer data and storage devices; system failure; virus attacks; bugs; computer crashes; breach of security and encryption;
GOVERNING LAW AND JURISDICTION
These terms are to be construed in accordance with the laws of India, and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the courts at Mumbai, Maharashtra.
GRIEVANCE OFFICER
The User may submit any grievance with respect to the Website to the Grievance Officer at:
Address: Omara Dates LLP, 101-B, 1st Floor, Piramal Tower, Peninsula Corporate Park, Lower Parel West, Mumbai 400013
Email ID: marketing@omaradates.com
Phone Number: +91-226 666 2021 / +91-9920206039
FSSAI License: 11522020000157
CARD DETAILS
You agree, understand, and confirm that the credit card details provided by you for availing of services on the website will be correct and accurate, and you shall not use a credit card that 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 when making payment on the website. Your credit card information never reaches us; we just get a "pass," "hold or "fail" message from our payment gateways. The said information will not be utilised or shared by our payment gateways or website with any third parties unless required for fraud verifications or by law, regulation, or court order. This website will not be liable for any credit card fraud. The liability for the fraudulent use of a card will be on you, and the onus to "prove otherwise" shall be exclusively on you.
We shall have no responsibility in any manner whatsoever regarding any promotional emails or SMS/MMS sent to you. The offers made in those promotional emails or SMS/MMS shall be subject to change at the sole discretion of the company, and the company owes no responsibility to provide you with any information regarding such change.
FRAUDULENT/DECLINED TRANSACTIONS
Rules regarding wrong transactions required and if there would be 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 the cardholder having exceeded the preset limit mutually agreed upon by us and our acquiring bank from time to time.
