TERMS AND CONDITIONS OF USE
Please read this document carefully. By accessing or using this website/mobile application you agree to be bound by all of the terms and conditions specified in this Terms of Use.
Realoxy Online Marketing Place LLP, operating under the name of Realoxy is a Limited Liability Partnership Firm incorporated under the Limited Liability Partnership Act, 2008 and is involved in the business of services of retail, wholesale, distribution, trading, import and export, services of trading through online and offline and e-commerce platforms.
These Terms and Conditions of Use (hereinafter referred to as “Terms of Use/ Terms and Conditions/ User Agreement) pertain to the services made for the RealOxy website at ___________ and Mobile application available on Google Play for both Android and IOS.
The RealOxy app and website, on which the services are availed, will be hereinafter collectively referred to as “Platform”.
We request you to read the Terms of Use thoroughly, before using the platform as it governs your use of the platform and any other applications, products, websites and services owned and managed by the Company.
For the purpose of these Terms of Use, wherever the context so requires, ‘You’, ‘Your’, ‘Yourself’ or ‘User’ shall mean any natural or legal person or agency who registers on the Platform, browses the Platforms, inquiries about or avails services of Realoxy through its platform, salespersons, offices, branch offices, agents etc. (all the aforesaid collectively referred to as “Sales Channels”)
And
The term ‘We’, ‘Us’, ‘Our’ and ‘Realoxy’ shall mean Realoxy Online Marketing Place LLP.
We reserve the right to amend the Terms of Use at any time, which shall be updated on this page regularly, so that you are updated of the latest developments in the Platform. In case of any changes or updates, we shall endeavour to notify you of such changes at the earliest. Nevertheless, please ensure that you read our Terms of Use and any updated version thereof before proceeding to use the Platform or the Services, as the case maybe. The Terms of Use is subject to be amended without prior notice and it is your duty to be apprised of the same.
1. Eligibility
a) The User must be at least 18 years of age and must possess the legal authority to enter into an agreement so as become a User and avail the services provided by Realoxy.
b) If the User is a minor and wishes to use the Platform, services on the platform shall be made available to you by your legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the Platform, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parent. If it is discovered that you are a minor or not competent as per the applicable laws, or any information pertaining to your age entered at the time of creation of account is false, we reserve the right to terminate your membership and/or block access to the Platform. You hereby acknowledge that Realoxy is not responsible to ensure that you conform to the eligibility criteria.
c) The User shall read and understand this User Agreement before using the platform or procuring the services provided by Realoxy and User shall be deemed to have accepted this User Agreement as a binding document that governs User's dealings and transactions. If the User does not agree with any part of this Agreement, then the User must not avail the services provided by the platform. This platform is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. You agree to click on the links to and familiarize yourself with the Terms of Use and other terms and guidelines found throughout this Web site and abide by them if you choose to use the sites, pages or services to which they apply.
2. Services:
a) In these Terms of Use, the term “Services” shall mean and include without limitation, the facilitation to offer, sell and buy products and services listed on the platform. The platform act as an intermediary to facilitate these transactions between the customers.
b) The platform will be available to you on a sign-up basis, using your mobile number.
c) The platform provides no means to conduct payment to any seller through the platform through any third party vendor. Any payments conducted through the platform ought to be done directly with such seller and platform shall not be responsible for such transactions. The mode of payment will be as per the terms agreed between the customers.
d) The platform also offers an additional feature of ‘Superstore’ where Realoxy will be the seller where the products will be sold on an urgent and time bounded basis, and all purchase and payments thereof shall be undertaken directly with Realoxy through such mode specified by RealOxy or its representatives. The foregoing meaning and scope of Services may be subject to change and the definition shall not in any way limit or restrict our right to add/omit/modify features to the Platform
3. User’s Representation and Warranties
a) User represents and warrants that User is the owner and/or authorised to share the information User gives on the Website. User confirms that the information is correct, complete, accurate, not misleading, does not violate rules and regulations.
b) User agrees and undertakes that she/ he shall be solely responsible for his/her Information and confirms that information submitted by User is correct, complete, relevant, and accurate.
c) User agrees that information provided does not belong to any other person to which the user does not have rights to.
d) User agrees that the information provided is not illegal in any way.
e) User agrees and Undertakes that the information provided shall not be or include material that is technically harmful, (including, without limitation, computer/ mobile viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data or any other code or files) or other computer programming routines that may damage, detrimentally destroy, limit, interrupt, interfere with, diminish value of, surreptitiously intercept or expropriate the functionality of any system, data or personal information. User warrants that that the information provided does not infringe any patent, trademark, copyright or other proprietary or intellectual property rights.
f) User warrants that the information provided does not impersonate another person.
g) User confirms that he/she shall abide by all notices and all the terms and conditions (updated from time to time) contained and mentioned herein.
h) The User warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The User further warrants that they will comply with all applicable laws and regulations of the concerned jurisdiction regarding use of the services for each transaction. Additionally, User also understands that they are bound by the terms of the ultimate Service Provider and they undertake to go through the same.
i) User undertakes and confirms that User shall not use the platform for any purpose that is unlawful and/or prohibited by the terms of the Agreement and/or under any applicable laws, rulings, notifications, orders of any court or statutory authority. User shall not use the Website, services and/or materials therein in any manner which could damage, disable, overburden and/or impair the platform and/or any services therein and/or the network(s) connected to the Website and interfere with other Users use and enjoyment of the Website and/or services therein.
j) User shall not attempt to gain unauthorized access to any service on the Website, Computer systems and/or networks connected to the Website through hacking, phishing, and/or any other means (whether now known or hereafter developed or invented). User shall not or shall not attempt to obtain any materials or information through any means not intentionally made available to User through the Website. User agrees and understands that she/ he shall be responsible for all of his/ her activity in connection with the services and accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Users right to access the platform.
k) You agree to adhere to all limitations on the dissemination, use and reproduction of any materials that you access on the platform.
l) Realoxy reserves the right to confirm and validate the information and other details provided by you at any point of time.
m) Realoxy reserves the right in its sole discretion to review, verify, reject or remove data or content that is available via the platform in accordance with its guidelines and the terms and conditions of this Agreement.
4. Non-Commercial Use Limitation
This platform is for your personal and non-commercial use. You will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the platform.
5. Limited Liability
In no event shall Realoxy, its officers, directors, employees, or agents, be liable for direct, indirect, incidental, special, consequential, or exemplary damages (even if Realoxy has been advised of the possibility of such damages), resulting from any aspect of your use of the platform or the service, including without limitation whether the damages arise from use or misuse of the platform or the service, from the inability to use the platform or the service, or the interruption, suspension, modification, alteration, or termination of the platform or the service. Such limitation of liability shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the platform or the service or any links on the platform, as well as by reason of any information, opinions or advice received through or advertised in connection with the platform or the service or any links on the Realoxy site. These limitations shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that Realoxy shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with you.
Under no circumstances, without any limitation, Realoxy shall be responsible for any service availed by you from any third parties or any payment made by you to other parties in connection with the services. Any concerns or claims in relation to such services should be directed by you to such third parties. You understand that Realoxy does not control, and is not responsible for any ads, information or message between the users, and any other communications whether through the platform or through offerings, comments, user postings, files, images, photos, video, or any other material made available through the platform. You also understand that Realoxy under no circumstances will be liable in any way for the content or for any loss or damage of any kind incurred as a result of browsing, using, or reading any listed, emailed or otherwise made available via the service.
6. Links to third-party sites
a) This Website and platform may contain links to third-party websites which are provided for your convenience. Realoxy does not control such websites, and is not responsible for their contents under any circumstances and the inclusion of links to such websites does not imply any endorsement of the material on such Websites or any association with their operators.
b) Your correspondence or business dealings with or participation in activities such as but not limited to promotions found in or through such websites are solely between you and such parties. You agree that Realoxy shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such links on our website.
7. WhatsApp Services
Realoxy provides users with WhatsApp services, sharing details in respect of the service availed, marketing and promotional purposes customized to the user’s requirements, offers and discounts as may be applicable if the user provides consent and provides the WhatsApp number through the website. Any information shared via WhatsApp number through the website. Any information shared via WhatsApp shall be in compliance with the Privacy Policy. The user herein expressly agrees and accepts that such services provided by Realoxy will only be provided that the user expressly opts for the same through its website.
8. No Unlawful or Prohibited Use
User hereby agrees to and warrants that User will not use this Website or any of its services for any purpose that is unlawful or prohibited by these terms, conditions and notices.
9. Intellectual Property
a) Intellectual Property Rights (“IPR”) for the purpose of these Terms shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, source code, technical data, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights and further shall also include but not be limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code in relation to the Website.
b) All IPR on the Website exclusively belong to either Realoxy or the third-party sellers. Under no circumstance shall any User infringe in any way such IPR of the Website, a third-party supplier or Seller during or pursuant to its use of the Website for any purposes whatsoever.
c) All those IPR arising out of domain names, Internet or any other right available under applicable law shall vest in the domain of Realoxy and/or its affiliates as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising because of these presents shall also be in the absolute ownership, possession and our control or control of its owners/permitted assigns, as the case may be.
d) Except as expressly provided herein, the User acknowledges and agrees that it shall not copy, republish, post, display, translate, transmit, reproduce or distribute or in any other way infringe any Intellectual Property Right through any medium without obtaining the necessary authorization from the Website or the thirty-party owner of such Intellectual Property Rights.
10. Indemnification
You agree to defend, indemnify and hold Realoxy and its officers, directors, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of your use of the platform, your violation of the Agreement or your violation of any rights of a third party.
11. Force Majeure
There can be exceptional circumstances where Realoxy and/or the Service Providers may be unable to provide its services or products due to various reasons like act of God, labour unrest, insolvency, a pandemic, an epidemic, business exigencies, government decisions, terrorist activity, any operational and technical issues etc. or any other reason beyond the control of Realoxy. In no event shall Realoxy be liable for any direct, indirect, punitive, incidental, special or consequential damages, and any other damages like damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or any other Sales Channel.
12. Termination
Realoxy reserves the right to terminate your access to the Website and mobile application if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website or mobile application, and Realoxy may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website or mobile application is terminated, Realoxy reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Platform. This Agreement will survive indefinitely unless and until Realoxy chooses to terminate it in its sole discretion and without advance to you.
13. Jurisdiction
This Website originates from Kozhikode District in Kerala, India. This Agreement will be governed by the laws of the Union of Indian and the State of Kerala without regard to its conflict of law principles to the contrary. Neither you nor Realoxy will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in Kozhikode, Kerala. By using this Website or utilizing its services, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
14. No Assignment
You may not assign your rights and obligations under this Agreement to anyone. Realoxy may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
15. Changes to these Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these terms at any time. If a revision is material to this then we will make reasonable efforts to provide at least 30 days’ notice prior to any new effect. What constitutes a material change will be determined at our sole discretion.
16. Grievances
Please contact us in case of any questions or comments regarding this Website. In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Mr/Ms. _________________________
Email Address: _________________