Terms of Use
Last Modified: 8.4.2021
1. Background:
1. The www.oiirabot.com (“Website” or “Platform”) is owned, registered and operated by Oiirabot ("Firm"), a partnership firm, having its principal office at Tekela Chiring Gaon, P.O.: Dibrugarh, P.S.: Dibrugarh, Assam, Pin – 786 001, India.
2. This document is an electronic record in terms of (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; and (iii) the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
3. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Platform (defined above).
4. These Terms of Use govern your use of the Website or Platform. By using or visiting the Website or Platform, or by using any services aggregated through the Website or Platform, you shall be deemed to have read, understood, accepted and bound by these Terms of Use. If you do not consent to the same, the use of the Website or Platform shall be prohibited.
5. For the purpose of this Terms of Use, wherever the context so requires "You", "Your" or "User" shall mean any person who uses or have access to use the Website or Platform for availing the products and services offered by the Firm on the Website or Platform. The term "We", "Us", "Our" shall mean the Firm, its employees, the farmers or cultivators of tea and various products, its authorized agents that perform any services on the Firm’s behalf.
6. We reserve the right to make changes to these Terms of Use from time to time. Any such modifications will become effective immediately upon posting to the Website or Platform and your continued use of the Website or Platform constitutes your agreement to such modifications. You agree to periodically review the current version of these Terms of Use as posted on the Website or Platform.
2. Acceptance of Terms of Use:
These Terms of Use are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Website or Platform at www.oiirabot.com. These Terms of Use are effective for all existing and future Users. By accessing or browsing the Website or Platform, you indicate that you accept these Terms of Use and that you agree to abide by them. Your access and usage of the Website or Platform constitutes your acceptance of these Terms of Use, as amended from time to time, which takes effect on the date on which you access or browse the Website or Platform. If you do not agree with these Terms of Use, you should cease the access or use of the Website or Platform. By accessing or using the Website or Platform, you are agreeing to these Terms of Use and concluding a legally binding contract with the Firm and/or its affiliates. You may not avail the Services if you do not accept these Terms of Use or are unable to be bound by these Terms of Use. Your use of the Website or Platform is at your own risk.
3. Services:
1. We are into intermediary and other ancillary services by providing Direct to Customers (“D2C”) business solutions to the end users. Through this Website or Platform, we allow the farmers or cultivators to list, advertise, market and sell their wide range and variety of tea leaves from different origins of North Eastern region of India and enable the User(s) to select, evaluate and purchase different products of tea produced by the local farmers or cultivators of the North Eastern region of India in their respective tea gardens. The Website or Platform is a connecting bridge between the tea farmers or cultivators and end Users or customers. Being the service provider of a D2C Platform, we shall not be held liable for any product warranty or guarantee. All products listed on the Website or Platform will be carrying manufacturer’s warranty.
2. For the purpose of these Terms of Use for availing the products and services:
i. "Applicable Law" shall mean any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, bye-law, government approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law of any of the foregoing, by any Authority having jurisdiction over the matter in question, whether in effect as of the date of these Terms of Use or thereafter;
ii. "Authority" shall mean any national, state, provincial, local or similar government, governmental, regulatory or administrative authority, branch, agency, any statutory body or commission or any non-governmental regulatory or administrative authority, body or other organization to the extent that the rules, regulations and standards, requirements, procedures or orders of such authority, body or other organization that have the force of Applicable Law or any court, tribunal, arbitral or judicial body in India;
iii. “Content” means any information, data, text, images, video or audio or any other material available from the Website or Platform via or generated on, posted to or uploaded on the Website or Platform; and
1. In order to avail the products and services aggregated through the Website or Platform, you shall be required to register on the Website or Platform and accede and agree to these terms and conditions by clicking the checkbox at the time of accessing the Website or Platform.
2. You agree, inter alia, to provide true, accurate, current and complete information about yourself, as prompted by the Website or Platform.
4. Security:
1. The User and the Firm shall apply commercially reasonable security measures in relation to the Website or Platform. The Firm has adopted reasonable security practices and standards and has a comprehensive documented information security programme and information security policies that comprises of managerial, technical, operational and physical security control measures with a view to ensure confidentiality and prevent unauthorized disclosure of information.
2. The Users and the Firm shall each take all reasonable precautions to ensure that their respective communications through the Website or Platform and their own systems are not affected by computer viruses or other destructive or disruptive components, and to ensure that no such components are transmitted to or via Website or Platform.
3. Users shall not violate or breach the security of the website by:
i. accessing data not intended for such user or logging into a server or account which the user is not authorized to access,
ii. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
iii. attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or “Trojan Horse” to the Website, overloading, “flooding”, “mail bombing” or “crashing”, or sending unsolicited electronic mail, including promotions and/or advertising of products or services.
3. The Firm shall not knowingly host or publish any information or shall not initiate the transmission, select the receiver of transmission, and select or modify the information contained in the transmission, the information which belongs to another person other than the information provider or is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, libelous, invasive of another’s privacy, hateful or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner.
4. Violations of system or network security may result in civil or criminal liability. The Firm will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
5. Responsibility of the User to use the Website:
1. The User shall ensure that they:
a) do not violate our guidelines and polices;
b) violate any third-party/affiliate/channel partner/group Firm/subsidiary(s) right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
c) do not host, display, upload, modify, publish, transmit, update or share any information that:
i. belongs to another person and to which the User does not have any right to;
ii. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
iii. harm minors in any way;
iv. infringes any patent, trademark, copyright or other proprietary rights;
v. violates any law for the time being in force;
vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii. impersonate another person;
viii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
ix. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; and
x. hacks or accesses without permission Firm’s proprietary or confidential records, records of another user, records of any third-party/affiliate/channel partner/group Firm/subsidiary(s) of Firm or those of anyone else.
2. You hereby agree and assure the Firm that the Website or Platform or Services or Content shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, Federal, State or local government or international law(s). You shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms of Use or to make any representation or warranty on behalf of the Firm in any form or manner whatsoever.
3. Misuse in any form, whether intentionally or not, of the Website or Platform, Services and/or Content or otherwise in connection with the Website or Platform, Services or Content by a User shall constitute a material breach of these Terms of Use.
4. You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use.
5. Compliance with Laws: You are in compliance with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms of Use and applicable law, and in a manner that does not violate our legal rights or those of any third party(s); and
6. Any Content(s) uploaded by you, shall be subject to relevant laws of India and of the country of use and may be disabled, or and may be subject to investigation under Applicable Laws. Further, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of Website or Platform, Firm shall have the right to immediately block your access and usage of the Website or Platform and Firm shall have the right to remove any non-compliant content and/or comment forthwith, uploaded by you and shall further have the right to take appropriate recourse to such remedies as would be available to it under various statutes.
6. Representations, Warranties and Obligations:
1. We hereby represent and warrant that:
a) we are in compliance with all Applicable Law to provide Services, subject to these Terms of Use; and
b) we will comply with the Privacy Policy and ensure data security of the Users at all times.
2. You hereby represent and warrant that:
a) you are a validly incorporated business entity or is legally competent to contract, as applicable;
b) you shall comply with and fully adhere to these Terms of Use;
c) you shall provide accurate information and details, when prompted by the Website or Platform registration form, if any; and
d) you shall fulfil your payment obligations for availing the Services through the Website or Platform.
7. Third Party Content and Links:
Some of the Content available through the Website or Platform or Services may include or link to contents that belong to third parties. Please note that your use of such third party services will be governed by the terms of use and privacy policy applicable to the corresponding third party and the Firm shall not be held responsible for any misuse. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the services of any third party. You acknowledge and agree that the Firm is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
Third party content, including content posted by you, does not reflect our views or that of our parent, subsidiary, affiliate, partner companies, branches, employees, officers, directors, or shareholders. In addition, none of the content available through the Services is endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of your content or any third party content. You further acknowledge and agree that the Firm/subsidiary/affiliate Firm is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
8. Intellectual Property Rights:
Copyright:
1. All content on the Website or Platform, including but not limited to, text, graphics, logos, designs, photographs, button icons, images, video clips, digital downloads, data compilations etc., is our property and is protected by the Applicable Laws with respect to Intellectual Property Rights. We reserve the right to terminate your engagement with us, if we, in our sole and absolute discretion, believe that you are in violation of this clause.
2. The content made available on or via the Website or Platform, is provided to you ‘AS IS’ for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without our prior written consent. We reserve all rights, not expressly granted in and to the Website or Platform.
Trademarks:
3. www.oiirabot.com is the domain of the Firm and the Website or Platform, including, but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of the Firm.
4. The trademarks, domain names and trade dress of the Firm shall not be used or reproduced without prior written approval from the Firm and may not be used in connection with any product or service that is not affiliated with the Firm.
9. Nature of Information and Data Privacy:
1. We may collect personal information from or about you in connection with our dealings with you such as name, contact information, billing address, mailing address etc. voluntarily submitted by you as “User”. We will at all times abide by the Information Technology Act, 2000 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 as amended from time to time, in handling personal information about you, your business or your directors. We may share/transfer your personal or other information with its subsidiaries, business associates etc., such sharing of information shall be for the purpose of doing the intended business with you. You hereby grant your consent to the Firm to share such information with its subsidiaries, business associates etc. In the course of its business, the Firm may hold on-line contests and surveys as permitted by law and it reserves its right to use and disseminate the information so collected to enhance its services to the visitors.
2. We collect, store, process and use your information in accordance with our Privacy Policy. You represent that you have read, understood and agreed to our Privacy Policy. Please note that we may disclose information about you to third parties or government authorities if we believe that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms of Use and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, statute, judicial proceeding, or other legal process/notice served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the general public. By using our Website or Platform and/or by providing your information, you consent to the collection and use of the information you disclose on our Website or Platform in accordance with our Privacy Policy.
3. Cookies: Cookies are small text files that, like most other Web servers, we place in your device that you use to access the website. This is done to recognize your device during a session or in your future visits to the website, primarily in order to provide better user experience. Depending on the type and settings of your browser, cookies may be accepted by default.
1. You may change the settings of your browser to delete existing cookies or prevent future cookies from being automatically accepted. If you disable cookies, certain parts and functions of the website may not be available.
2. Your privacy and security will not be compromised when you accept a “cookie” from the Firm’s Website. None of your personal information will be accessed by enabling Cookies. Please refer to Personal Information Policy for further details.
3. We reserve the rights to collect, analyze and disseminate aggregate site usage patterns of all its visitors with a view to enhancing services to its visitors. This includes sharing the information with its subsidiaries and business associates as a general business practice
10. Fraud and Improper Conduct:
1. You may only access the Website or Platform and use the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all provisions of Applicable Law pertaining to your use of the Services. You agree that you will not in any way:
a. interfere with the ability of others to access or use the Website or Platform or the Services or the Content aggregated through the Website or Platform;
b. disrupt the normal flow of communication or otherwise act in a manner that adversely affects other users ability to use the Website or Platform or the Services or the Content;
c. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
d. upload or post or transfer, any content or other material that contains or constitutes viruses, Trojan horse or other code with malicious, disruptive and/or destructive features;
e. you shall not attempt to interfere with any other user’s use of the Website or Platform or the Services or the Content aggregated through the Platform; and
f. you shall not use any false or misleading information (e.g., false or misleading names, email addresses or URLs) when using the Service, including, without limitation, with respect to any identifying information about yourself, and all information that you provide must be accurate and correct.
11. Limitation and Disclaimer of Warranty:
1. The Website or Platform, the Services and the Content and each portion thereof are provided "AS IS" basis without warranties of any kind either express or implied. To the fullest extent possible pursuant to Applicable Law, we disclaim all warranties, express or implied, with respect to the Website or Platform, the Services and the Content and each portion thereof, including, but not limited to, non-infringement or other violation of intellectual property rights.
2. We do not warrant or make any representations regarding the use, validity, accuracy, or reliability of the Website or Platform or the Services or the Content.
3. We do not warrant or make any representations that the Website or Platform shall (i) meet your requirements or is reliable; (ii) be uninterrupted, timely, secure or error-free; and (iii) rectify any errors found on the Website or Platform’s software. Further, access to the Website or Platform shall be contingent to your internet accessibility and we shall not be held liable for any lack/sporadic breaks in your internet accessibility.
4. We shall not be liable in the event where any damage or loss occurs to your computer system, or any other electronic device, or any data as a result of visiting the Website or Platform.
5. We shall not be liable for any direct, indirect, incidental or consequential damages, whatsoever incurred by the User resulting from the use or inability to use the Website and the Website material, whether based on warrant contract, tort, or any other legal theory, and whether or not, such organizations or entities were advised of the possibility of such damages.
6. If you are dissatisfied or harmed by the Website or Platform or anything related with the Website or Platform, your sole remedy shall be to terminate these Terms of Use by leaving the Website or Platform.
7. We shall be entitled to disclose to the Authority, as required by Applicable Law or by any directive or request from any government body, the particulars of the User engaged with the Website or Platform.
8. We shall be entitled to add, to vary or amend any or all these terms and conditions at any time and the User shall be bound by such addition, variation or amendment once such addition, variation or amendment is incorporated into these terms and conditions, and such amended terms and conditions are published on the Website or Platform.
12. Indemnification:
You agree to indemnify, defend, and hold harmless the Firm or its associate entities, their officers, directors, employees and agents from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) your content, (ii) your unauthorized use of the Services, or products or services included or advertised in the Services; (iii) your access to and use of the Services; (iv) your violation of any rights of another party; or (v) your breach of these Terms of Use, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
13. Termination:
We may terminate your use of the Services and deny you access to the Services in our sole discretion for any reason or no reason, including your: (i) violation of these Terms of Use; or (ii) lack of use of the Services. You agree that any termination of your access to the Services may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Services. If you use the Services in violation of these Terms of Use, we may, in our sole discretion, retain or delete all data or information collected from you upon use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Services.
14. Severability:
If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to Applicable Laws, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use for Services shall continue in effect.
15. General:
1. Unless otherwise specified herein, these Terms of Use for Services aggregated through the Website or Platform and the Privacy Policy (provided on the Website or Platform) constitutes the entire agreement between you and the Firm, in respect of the Services and supersedes all previous written and oral agreements between you and the Firm, if any. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
2. The Firm has appointed a grievance officer whose name and contact details are available in the Privacy Policy. Any complaints/issues faced by the Users, or any victim who suffers as a result of access or usage of computer resource by any person in violation of any law, or any other grievance, must be notified to the grievance officer.
16. Governing Law and Jurisdiction:
The Terms of Use and Privacy Policy shall be governed by and constructed in accordance with the Applicable Law without reference to conflict of laws principles. The courts in Assam, India shall have the exclusive jurisdiction to determine any disputes arising in relation to, or under, these Terms of Use and Privacy Policy. Alternatively, and at the Firm’s sole option, the Firm may commence proceedings against any User at a competent court of a place of business of the User.