Terms and Conditions
Olympia Industries Limited, a company incorporated under the Companies Act, 1956 and having its registered office at C-205, Synthofine Industrial Estate, Behind Virwani Industrial Estate, Goregaon (East), Mumbai – 400063 and umanac.com is an online store under Olympia Industries Limited, it’s the sole operator of this website www.umanac.com (hereinafter referred as “website” or “We” or “us” or “Olympia” or “Umanac”)
Please read these terms of use carefully by accessing or using this internet based platform, you (hereinafter referred to as “You” or “Your” or “customer” or “End User”) agree to be bound by the terms described herein and all terms incorporated by reference. If you do not agree to all of these terms, do not use this internet based platform.
Amendment
We reserves the right to change or modify these Terms of Use or any policy or guideline of the Website including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Website will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to your use of the Website.
Proscription
We grant you a limited license to access and make personal use of the website. The following actions will be considered as misuse of the website, and are thus forbidden:
- You are not allowed to use any content for commercial use.
- You are not allowed to use the website in any manner that is illegal.
- You further agree not to use any data mining, bugs, viruses, worms, trap doors, web crawlers, robots, cancel bots, spiders, Trojan horses, other harmful code of properties or any data gathering or extraction method in connection with your use of the website.
- You shall not distribute in any form, any information, or other material that violates, infringes the copyrights, patents, trademarks, logo or other proprietary rights of our company.
- We do not hold liability to any sort of damage or harm caused to your software, data or computer device by downloading content from this website.
- You agree not to decompile, reverse engineer or disassemble any software or processes accessible through the website.
- You are not allowed to framing or hotlinking or deeplinking any Umanac content.
- You are not allowed to intentionally submitting on the website any incomplete, false or inaccurate information.
- You are not allowed to post unsolicited promotional or advertising content.
- Your right to use the website is not transferable.
Applicable Indian Laws
These Terms of Use is published in compliance of, and is governed by the provisions of Indian laws, including but limited to:
- the Indian Contract Act, 1872 (“Contract Act”);
- the (Indian) Information Technology Act, 2000 (“IT Act”) and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Guidelines”);
- The Consumer Protection Act, 1986.
Use of this website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. If you are a minor and if you wish to purchase an item on the Website, such a purchase may be made by your legal guardian or parents.
Users may not have more than one account. Maintaining more than one account by a user shall amount to fraudulent act on part of the user and attract actions against such users. We holds the right to remove such account at its own discretion. If you use the website, you are responsible for maintaining the confidentiality of your account and password including cases when it is being used by any of your family members, friends or relatives, whether a minor or an adult. You further agree to accept responsibility for all transactions made from your account and any dispute arising out of any misuse of your account, whether by any family member, friend, relative, any third party or otherwise shall not be entertained by the Company. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We reserves the right to refuse service, terminate accounts, or remove or edit content on our sole discretion.
If you use the website, you are responsible for maintaining the confidentiality of your account and password including cases when it is being used by any of your family members, friends or relatives, whether a minor or an adult. You further agree to accept responsibility for all transactions made from your account and any dispute arising out of any misuse of your account, whether by any family member, friend, relative, any third party or otherwise shall not be entertained by the Company. The Company owns no responsibility in any manner over any dispute arising out of transactions by any third party using your account details or payments made from your credit card by any third party.
You represent that you are of legal age to form a binding contract. You also agree to provide true, accurate, current and complete information about yourself as prompted by the website's registration form. We have the right to suspend or terminate your account and refuse any and all current or future use of the website, If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete.
These Terms of Use constitute an electronic record in terms of the IT Act and rules framed there under, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures. The electronic contract shall have the same legal force and effect as a written contract signed by you.
Compliance with these Terms of Use would entitle you to a personal, non-exclusive, non-transferable, limited privilege to access and transact on the Website.
Pricing and Promotional Discounts
The price of all products, delivery charges and any other applicable charges are displayed in Indian Rupees (INR). All prices are current at time of display, but these prices are subject to change without notice.
We have made every effort to display all the information of the product as accurately as possible on our website. However, due to the inherent characteristics of certain materials, actual measurements of individual items may slightly vary.
We offer you promotional discount codes or coupons that are applicable on the purchases made on this website. These discount codes or coupons can be applicable on all or certain specified products. Please note that use of only one discount code or coupon is permissible per order. You cannot use a discount code or coupon if an order is already placed.
All prices are inclusive of applicable taxes.
We requires your permission to send you administrative and promotional emails/calls. We will send you information regarding your account activity and purchases, as well as updates about our products and promotional offers. We shall have no responsibility in any manner whatsoever regarding any promotional emails/calls/SMS/MMS sent to you. The offers made in those promotional emails/calls/SMS/MMS shall be subject to change at the sole discretion of the Company and the Company owes no responsibility to provide you any information regarding such change.
The commercial / contractual terms include without limitation - price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to Goods and Services offered for sale by the Third Party Vendor, and after sales services related to such Goods and Services. We does not have any control over, and does not determine or advise or in any way involve itself in the offering or acceptance of, such commercial / contractual terms offered by and agreed to, between You and the Third Party Vendors.
We do not take any responsibility for the services or products that are sold or supplied by third party vendors. The Company makes no warranty to their end users for the quality, safety, usability, or other aspect of a product or service that is supplied by a Merchant/third party vendor.
Any products once sold from our website is not returnable unless specifically mentioned.
Errors, Omissions and Fraud
There may be information on our website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information without prior notice (including after you have submitted your order).
Umanac makes no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data or any service interruption caused by our employees. Umanac is not responsible for transmission errors, corruption of data.
In the event a product is listed at an incorrect /wrong price or with incorrect information due to a typographical error or error in pricing or product information, We shall have the right to refuse or cancel any orders placed for the product listed at the incorrect price whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall issue credit in the original payment mode/account of such charge amount.
We reserve the right to recover the cost of goods, collection charges and other expenses that may occur from persons for using the website fraudulently. We reserves the right to initiate legal proceedings against such persons for fraudulent use of the website and any other unlawful acts or omissions in breach of these terms and conditions.
SALE OF GOODS
The terms and conditions of this website constitute the terms and conditions of the contract. By placing an order, you confirm that you have read the terms and conditions and accept them.
We reserve the right to accept or deny any offer made. This may be due to the availability of any product or for any other reason that may affect our ability to supply the products ordered. No contract is formed until we communicate acceptance of your order.
INTELLECTUAL PROPERTY SOFTWARE AND CONTENT
We are the exclusive owner of all rights in the compilation, design, and layout of this website. Copying any content from this website without the prior written consent from us is prohibited.
REPRESENTATIONS AND WARRANTIES
To the extent permitted by law, we exclude all warranties, representations, and guarantees (whether express, implied, or statutory), and we will not be liable for any damages, losses, or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of this website or the content on or accessed through it.
This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction, or unauthorised access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action.
TAXES
You shall be responsible for payment of all fees, costs, and charges associated with the purchase of products from us, and you agree to bear any and all applicable taxes, including but not limited to GST, duties and cesses, etc.
PRIVACY POLICY
Please review our privacy policy, which is available on our website, to understand our policies and terms and conditions. The personal information or data provided to us by you during the course of usage of our website will be treated as strictly confidential and in accordance with the privacy policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website.
ACCOUNT ACCESS
We may assign you a password and account for identification to enable you to access and use certain portions of this website. Each time you use a password or identification, you will be deemed to be authorized to access and use the website in a manner consistent with the terms and conditions of this agreement. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this website's security.
CANCELLATION POLICY
a). Cancellations by Umanac
We have a right to cancel or refuse the order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your card account.
b). Cancellations by You
In case of requests for order cancellations, we reserve the right to accept or reject requests for order cancellations for any reason. For you to cancel an order, there is a time period of 24 hours from the time you place the order. As part of usual business practice, if we receive a cancellation notice and the order has not been processed or approved by us, we shall cancel the order and refund the entire amount within 15-20 working days.
We will not be able to cancel orders that have already been processed.
We have the full right to decide whether an order has been processed or not. You agree not to dispute the decision made by us and accept our decision regarding the cancellation.
PROMOTIONAL OFFERS
There are a limited period of promotional offers/codes that can be issued or cancelled by us as part of any campaign or scheme. The terms for these campaigns will be decided by us at the time of the campaign, and these should be acceptable to you.
INDEMNIFICATION
You shall indemnify and hold harmless Olympia, its owner, licensee, affiliates, group companies (if any) and their respective officers, directors, agents, and employees, from any claim or demand, or actions, including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy, and other Policies, or Your violation of any law, rules, or regulations, or the rights (including infringement of intellectual property rights) of a third party.
CUSTOMER SUPPORT
Any complaint or concern with regard to the services, access, usage, content, comment, or breach of the Terms of Use shall be addressed to the designated officer of Olympia. The complaint shall be registered through a phone call on the number provided below or by sending an email to the respective email ID as provided below. It shall be our endeavour to satisfactorily resolve and address your grievances at the earliest.
Phone No.: +91 9833379988
Email: support@umanac.com
FORCE MAJEURE
You accept and acknowledge that we shall not be liable for any loss or damage caused to the User as a result of delay or default or deficiency or failure in the Services as a result of any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of Umanac or the Third Party Service Providers), or any other delay or default or deficiency or failure which arises from causes beyond our reasonable control (“Force Majeure Event”). In the event of any Force Majeure Event arising, Umanac, depending on whose performance has been impacted under the Terms of Use, shall immediately give notice to the Other Party(s) of the facts that constitute the Force Majeure Event.
INDEMNITY
You agree to defend, indemnify, and hold harmless to Olympia, its independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers, and employees, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) your access to or use of the Website; (b) your violation of these Terms of Use or any applicable law(s); (c) your violation of any rights of another person or entity, including infringement of their intellectual property rights; or (d) your conduct in connection with the Website.
TERMINATION
We reserve the right to terminate the user’s access to our website without any cause or notice. This may result in the forfeiture and destruction of all information associated with the user. In such an event, the Terms of Use shall come to an end. However, the indemnification, Disclaimer, Governing Law/Jurisdiction, Dispute Resolution, and Privacy Policy shall survive such termination.
ENTIRE AGREEMENT
These Terms of Use constitute the complete agreement. If any provision of this Agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of this Agreement, and all provisions not affected by such invalidity shall remain in full force and effect. The headings contained in this Agreement are for convenience of reference only and shall not affect the meaning and interpretation of this Agreement.
GOVERNING LAW AND JURISDICTION
We control and operate this website from our registered office. These Terms of Use (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of India.
Any dispute arising under or relating to the terms, contents, your use of the website, or products or services purchased using the website or with us shall solely and to the exclusion of all other courts be subject to the jurisdiction of the appropriate courts situated in Mumbai, Maharashtra, India alone. By using the website, you consent to the jurisdiction and venue of Mumbai courts with respect to any such dispute.
SEVERABILITY
If any provision of these Terms of Use is deemed invalid, unlawful, void, or for any other reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.
WAIVER
No provision of these Terms of Use shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by us. Any consent by Umanac to, or a waiver by Umanac of any breach by Other Parties, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
HEADING
The headings herein are included for convenience and identification only and are not intended to describe, interpret, define, or limit the scope, extent, or intent of these Terms of Use.
DISCLAIMER
You acknowledge and undertake that you are accessing the services on the site and transacting at your own risk and are using your best and prudent judgement before entering into any transactions through us. If you are dissatisfied with the website, any contents, or any of these terms and conditions, we would like to hear from you. However, your only legal remedy is to stop using the website. We do not warrant your use of the website.