This document represents an electronic record in accordance with the terms of the Information Technology Act, 2000 and the rules thereunder as applicable and the 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 to make the terms of this policy binding.
Use of the OGSN Platform Services
For the clarification of all doubts, it is hereby clarified that these terms and conditions shall apply to all OGSN Services, whether currently available or those that will be available in the future, and whether offered by OGSN or its affiliates.
When you use any of the services provided by us through the Website, including but not limited to Service & Product Reviews and Organizational Ratings, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to each such service, and they shall be deemed to be incorporated into this User Agreement and shall be considered as part and parcel of this User Agreement. We reserve the right, at our sole discretion, to change, modify, add or remove portions of the User Agreement, at any time without any prior written notice to you. It is your responsibility to review this User Agreement periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with the provisions of this Agreement, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not sell, purchase, subscribe, or bid for any items on the Website except through your legal guardian or parents who have registered as users on the Website or can use the Website as Guest User. OGSN reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.
Your Account and Registration Obligations
If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. If you use the Website as a Guest User you are responsible for maintaining the confidentiality of your email ID and phone number and restricting access to your computer, computer system and computer network. You are responsible for all activities that occur under your User ID and Password (if registered) or email id and phone number (if Guest User) as the case may be. Also as a Guest User, you shall ensure the physical security and possession of your phone, the details of which are used to transact services with OGSN.
You agree, inter alia, to:
1. Provide true, accurate, current and complete information about yourself as prompted by ogsn.in’s registration form or provided by you as Guest User (such information being the “Registration Data”)
2. You must not include any of your contact details such as email addresses etc. in your User ID while registering as Registered User; and
3. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times;
4. You must immediately notify us of any unauthorized use of your password or account or any other breach of security, and
5. Ensure that you sign out and exit from your account at the end of each session.
Electronic Execution and Communications
When you use the Website or send emails or other data, information or communication to Ogsn.in, you agree and understand that you are communicating with Ogsn.in through electronic records. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website or through any other OGSN services. You agree that all the agreements, notices, disclosures and other communications that we provide to you electronically shall be deemed adequate service of notice/electronic record and satisfy any legal requirement that such communication be in writing.
Use of the Website
In terms of Information Technology (Intermediaries Guidelines) Rules, 2011 you agree and undertake that you shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
- belongs to another person and to which You do not have any right;
- 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; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
- involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
- violates any law for the time being in force;
- deceives or misleads the addressee / users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- threatens the unity, integrity, defence, 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.
- shall not be false, inaccurate or misleading;
- shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. and
- are identical to other items you have up for auction but are priced lower than your item’s price, the reserve price of the item or minimum bid amount; are concurrently listed for sale on a web site other than the Website;
- You represent and confirm that you shall be the sole and exclusive legal owner of all items, goods or products or services of any description that you wish to display or offer for sale on the Website. You shall have absolute right, title and authority to deal in and offer for sale such items, goods or products, or services. In the event that any transaction or attempted transaction relating to any item, good or service which is in violation of this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform Ogsn.in of the same at email@example.com.
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules made there under as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to GST/Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your items listed on the Website qualifies as an “Antiquity” or “Art treasure” as defined in the Antiquities and Art Treasures Act, 1972 (“Artwork”), you shall indicate that such Artwork is “non-exportable” and sold subject to the provisions of the said Act, and shall ensure that it is not delivered to buyer (as defined under the Buying section) at any place outside India.
- You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item or services being sold or purchased on the Website.
- From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
- You shall not attempt to or circumvent or manipulate our Fee structure, the billing process or Fees owed to Ogsn.in as detailed and agreed in MOU signed by goods and services providers.
- In terms of Information Technology (Intermediaries Guidelines) Rules, 2011 you agree and undertake that you shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
Platform for Communication
The Website is only a venue where Users may meet and interact with one another for their transactions. Ogsn.in is not and cannot be a party to or control in any manner any transaction between two Users of the Website. Consequently:
- All commercial / contractual terms are offered by and agreed to between buyers and sellers alone. The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties and after sales services related to goods and services. Ogsn.in does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and sellers.
- Ogsn.in is not responsible for any non-performance or breach of any contract entered into between Users (includes Registered User or Guest User). Ogsn.in cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website. Ogsn.in shall not and is not required to mediate or resolve any dispute or disagreement between Users.
- Ogsn.in does 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 or offered to be sold or purchased on the Website. In particular, Ogsn.in does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. Ogsn.in accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
- Ogsn.in does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment in that behalf.
- Ogsn.in does not at any point of time during any transaction between buyer and seller on Website come into or takes of any of the goods or services offered by seller nor does it at any point gain title to or have any rights or claims over the goods or services offered by seller to buyer. OGSN may provide fulfillment and logistics as value-added services to certain merchants/sellers but still does not take possession or title of any product or service sold.
- The Website is only a venue through which Users can record information of financial transactions related to the particular goods or services that they deal in. Ogsn.in is only providing a platform for communication, within are facilities for recording and logging (“Recording” or Logging”) all information related to financial transactions (“Transactions”). These Transactions typically involve two Users (“Two Parties”), viz., You and another User (“Other Party”) of the Website. It is agreed that the proper and accurate Logging of all Transactions shall be a strictly bipartite contract between the Two Parties logged within the said transaction. At no time shall any right, title or interest over the items vest with Ogsn.in nor shall Ogsn.in have any obligations or liabilities in respect of such a transaction. Ogsn.in is not responsible for inaccurate or faulty entering of Transaction information.
- You shall agree upon verifying the Transactional that involves You are a party to the said Transaction.
You release and indemnify Ogsn.in and/or any of its shareholders, directors, officers, employees and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Ogsn.in cannot control the information provided by other Users which is made available on the Website. You may find other User’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution when using the Website. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretense.
Disclaimer: You acknowledge and undertake that you are accessing the services on the Website and transacting at your own risk and are using your best and prudent judgment before entering any Transactions on the Website. We shall neither be liable nor responsible for any actions or inactions of the Other Party in the Transactions by other Users and hereby expressly disclaim any and all responsibility and liability in that regard.
Without limiting other remedies, Ogsn.in may limit your activity, immediately remove your information or end your listing, warn other Users of your actions, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:
- b) If Ogsn.in is unable to verify or authenticate any information provided by you; or
- c) If it is believed that your actions may cause legal liability for other Users or OGSN. We may at any time at our sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with Ogsn.in or use the Website in any manner whatsoever until such time that such User is reinstated by Ogsn.in. Notwithstanding the foregoing, if you breach the User Agreement or any other documents it incorporates by reference, Ogsn.in reserves the right to recover any amounts due and owed by you to Ogsn.in and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
As a registered member, you may list item/s (“Listing”) for promotion/advertising on the Website. You represent that you are legally allowed to promote/advertise the item(s) you list on Ogsn.in. You further agree to ensure that the products sold/advertised by you through Ogsn.in are genuine and are not counterfeit or stolen items. You further agree to ensure that the items/products/services listed by you on Ogsn.in do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of any third parties.
You acknowledge and understand that your listed products/services may include text descriptions, graphics and pictures that describe your item for sale. You shall be deemed to be infringing the intellectual property rights of a third party if you are
(i) affixing a registered trademark (or an identical or similar trademark likely to confuse the public to have an association with the registered trademark) of such third party to your goods or its packaging;
(ii) offering or putting for sale or stocking the goods under the said trademark; or
(iii) using the said trademark in advertising your product.
You acknowledge that if any genuine claim is received by OGSN from any person through the Report Abuse section of Ogsn.in, OGSN may in its sole discretion block your merchant/user account and/or remove the products/services listed by you on Ogsn.in, without any prior notice to you. OGSN will however provide you a post facto intimation regarding the same. You agree that you shall have no claim whatsoever against OGSN in this regard and the decision of OGSN, as aforesaid shall be binding on you.
You further agree to ensure that the product/service descriptions in Your Listings must not be misleading and must describe actual features of the product or service accurately. All listed items must be listed in an appropriate category on the Website.
PaymentsOgsn.in uses third party payment providers to process payments from Users, and also to receive payments on Users’ behalf. Ogsn.in is not responsible for delays or erroneous transaction execution due to payment issues. Ogsn.in takes utmost care to work with 3rd party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers. OGSN pays its Users after deducting its net service fee (“Fee”) in lieu of its Services, and also after deduction of applicable withholding taxes (if any).
FeedbackWe encourage Registered Users on the Website to provide feedback to us after a Transaction has been recorded. This helps us know the accuracy of the Transactions of the said User or Other Party. Please remember that you cannot retract the feedback once you have provided it. Further you agree that the feedback you provide to the Website shall be deemed to be non- confidential and will be displayed along with your user ID. Ogsn.in will not be responsible for the feedback that you post on the Website and you should be careful in making comments that are not factual in nature and should not post defamatory or illegal or offensive/obscene contents, for which you shall alone be liable.
You may not take any actions that may undermine the integrity of the feedback system. If you continue to receive negative feedback ratings, Ogsn.in reserves the right to suspend your membership, and you will be unable to access any Service on the Website. You agree that your feedback shall not contain confidential or proprietary information of you or of third parties.
No WarrantyOgsn.in and its suppliers, affiliates and service providers provide the Website and Services “as is” and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your own risk.
Limitation of LiabilityIn no event shall Ogsn.in or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of Transaction information, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this agreement (however arising, including negligence).
Ogsn.in’s liability in any circumstance is limited to the amount of fees, if any, paid by you to Ogsn.in. Ogsn.in, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Ogsn.in assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
(a) The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website;
(b) Any interruption or errors in the operation of the Website.
IndemnityYou agree to indemnify and hold harmless Ogsn.in and (as applicable) Ogsn.in’s parent, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any losses, liabilities, damages, costs and expenses, claims or demand, or actions including reasonable attorneys’ fees asserted against or incurred by Ogsn.in, made by any third party arising out of your breach or non-performance of terms of the User Agreement, Ogsn.in Rules and Policies, or the documents they incorporate by reference, or your violation of any law, rules or regulations or the rights of a third party.
- None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Ogsn.in and you shall have no authority to bind Ogsn.in in any manner whatsoever.
- Notices: Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of Ogsn.in to OGSN India Pvt. Ltd., Attn: Legal Department, at OGSN’s corporate office situated at Goldcrest 717, Opp. Shreyas Cinema, LBS Marg, Ghatkopar West, Mumbai-400086, India (in the case of Ogsn.in) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
- Severability: If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
- Entire Agreement: This Agreement sets forth the entire understanding and agreement between you and Ogsn.in with respect to the subject matter hereof.
- Assignment: You cannot assign or otherwise transfer this User Agreement, or any rights granted hereunder to any third party. Ogsn.in may transfer its rights and obligations (also known as “assign”) under this Agreement without your prior express consent, provided that Ogsn.in assigns the Agreement on the same terms or terms that are no less advantageous to you.
Generally, all functions are conducted smoothly on Ogsn.in. However there may be some cases where some Users may face issues. At Ogsn.in, we have a Resolution process in order to resolve such issues. Issues may also include disputes between the User and the Other Party owing to a Transaction within the OGSN Service.
A ‘Dispute’ can be defined as a disagreement between any two Users within a Transaction logging on the Website. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.
It is important that before any two Users raise a dispute, they should attempt to resolve the issue amicably with each other.
How is a ‘dispute’ resolved?
Whenever there is a disagreement relating to any Transaction, the Users can write to firstname.lastname@example.org in order to raise a dispute. Once a dispute is raised by either party, Ogsn.in shall try to mediate and the resolve the matter amicably.
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer is published herewith: Grievance Officer
OGSN, C/o OGSN India Pvt. Ltd., Goldcrest 717, Opp. Shreyas Cinema, LBS Marg, Ghatkopar West, Mumbai-400086, India.
E-mail ID – grievance(AT)ogsn.in
Phone No. – (+91) (022) 49746565
ArbitrationIf any dispute arises between you and Ogsn.in during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Ogsn.in. The place of arbitration shall be Mumbai, India. The arbitration proceedings shall be in the English Language and shall be governed by Arbitration & Conciliation Act, 1996.
Governing LawThe User Agreement or the documents they incorporate by reference shall be governed and construed in accordance with the laws of India. Subject to Clause 19 above, all disputes arising under this Agreement between you and OGSN shall be subject to the exclusive jurisdiction of courts at Mumbai, India.