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1.1. www.okplay.in ("Website") is awebsite operated by OK Play India Limited, a company incorporated under the Companies Act,1956 with its registered office at Plot number 17 and 18 Roz-ka-Meo Industrial Estate, Tehsil Nuh, District Mewat,Haryana-122103, India. Use of the Website issubjectto acceptance by user all the terms, conditions and notices contained in these Terms, along with any amendments made by OKPlay at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.
1.3. OK Play agrees to deliver the merchandise ordered by User only at such locations as per the Order Confirmation Form. OK Play shall not be liable to deliver any merchandize or Services purchased by Users for delivery in locations outside India shall not be entertained.
2.1. The Website is a platform that facilitates the online sale and purchase of branded merchandise and services offered by OK Play's various affiliate/ registered merchants/ vendors/service providers at a discounted price ("Services"). The Services are offered to the Users through various modes which shall include issue of coupons and vouchers that can be redeemed for various services. The purchase of products and services on the Website shall be governed by the Terms of Offer For Sale ("Terms of Offer For Sale")
3. Eligibility to Use
3.1. The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the OK Play system by OK Play for any reason whatsoever. If Userdoes not conform to the above qualification, User shall not be permitted to avail of the Services or use the Website. User represent that User are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. Notwithstanding the foregoing, if Useris below the age of eighteen (18) years, User may avail the Services provided by OK Play through User legal guardian in accordance with the applicable laws.
3.2. OK Play reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
3.3. User shall not have more than one active Account on the Website. Additionally, Useris prohibited from selling, trading, or otherwise transferring User Account to another party.
4. User Account, Password, and Security
4.2. The Website requires User to register as a User by creating an Account in order to avail of the Services provided by the Website. User will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under User Account. Users agree to (a) immediately notify OK Play of any unauthorized use of User Account Information or any other breach of securityand (b) ensure that User exit from User Account at the end of each session. OK Play cannot and will not be liable for any loss or damage arising from User failure to comply with Clause 4.2. User may be held liable for losses incurred by OK Play or any other user of or visitor to the Website due to authorized or unauthorized use of User Account as a result of User failure in keeping User Account Information secure and confidential.
4.3. The Website also allows restricted access to the Services for unregistered Users.
4.4. User shall ensure that the Account Information provided by User in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
4.5. If User provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or OK Play has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, OK Play has the right to suspend or terminate User Account and refuse any and all current or future use of the Website (or any portion thereof).
5. Pricing Information
5.1. OK Play strives to provide User with the best prices possible on products and services User buy or avail of from the Website. The pricing details for purchase of products and services from the Website are detailed under the Terms of Offer for Sale.
5.2. User agrees to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. User shall not use the credit/ debit card which is not lawfully owned by User, i.e. in any transaction, User must use User own credit/ debit card. The information provided by User will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. User will be solely responsible for the security and confidentiality of User credit/ debit card details. OK Play expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of User credit/ debit card.
5.3. OK Play shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of User/cardholder having exceeded the preset limit mutually agreed by OK Play with our acquiring bank from time to time.
6. User Obligations
6.3. User agrees to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that User access on the Website in accordance with Clause7.
6.4. User agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by OK Play. User shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
6.5. User acknowledge and agree that by accessing or using the Website or Services, User may be exposed to content from other users that User may consider offensive, indecent or otherwise objectionable. OK Play disclaims all liabilities arising in relation to such offensive content on the Website. Further, User may report such offensive content in the manner prescribed under Clause17 herein.
6.6. If Website allows User to post and upload any material on the Website, User hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, User undertake not to:
6.6.1 Defame abuse, harass, threaten or otherwise violate the legal rights of others;
6.6.2 Impersonate any person or entity, or falsely state or otherwise misrepresent User affiliation with a person or entity;
6.6.3 Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
6.6.4 Upload files that contain software or other material protected by applicable intellectual property laws unless User own or control the rights thereto or have received all necessary consents;
6.6.5 Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
6.6.6 Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
6.6.7 Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Okplay server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
6.6.8 Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. User may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of OK Play, including any OK Play Account not owned by User, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than User own information, as provided for by the Website;
6.6.9 Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
6.6.10 Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Clause;
Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website;
6.6.12 Conduct or forward surveys, contests, pyramid schemes or chain letters;
6.6.13 Download any file posted by another user of a Service that User know, or reasonably should know, cannot be legally distributed in such manner;
6.6.14 Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
6.6.15 Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
6.6.16 Violate any applicable laws or regulations for the time being in force within or outside India;
6.6.18 Reverse engineer, modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
6.7 User agree that OK Play may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.
7. Use of Materials
Except as expressly indicated to the contrary in any applicable additional terms, OK Play hereby grants User a non-exclusive, freely revocable (upon notice from OK Play), non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following conditions.
7.2 User may not modify or alter product catalogues or any other materials available on the Website;
7.3 User may not distribute or sell, rent, lease, license or otherwise make the product catalogues or any other materials available on the Website available to others; and
7.4 User may not remove any text, copyright or other proprietary notices contained in the product catalogues or any other materials available on the Website.
7.5 The rights granted to User in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The product catalogues or any other materials available on the Website may be copied or retransmitted unless expressly permitted by Okplay.
7.7 Any purchase of the merchandise or Services from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Services or merchandize purchased is not transferrable to any third party for profit.
8. Usage Conduct
8.1 User shall solely be responsible for maintaining the necessary computer equipments and Internet connections that may be required to access, use and transact on the Website.
8.2 Users are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.
8.3 User shall use this Website, and any voucher/ coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
8.4 OK Play shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of User/cardholder having exceeded the preset limit mutually agreed by OK Play with our acquiring bank from time to time.
9. Intellectual Property Rights and restrictions on use of content
9.1 This Website contains materials, including texts, graphics, sound, etc., which is/are protected by copyright and/or intellectual property rights. Any person who is accessing or has accessed any information or data from the Website acknowledges and agrees that all proprietary rights, statutory or otherwise, in the information, texts, graphics, sound, etc. shall and will remain the exclusive property of OK Play. Any reproduction, redistribution, or transmission, for consideration or otherwise, of any such information, texts, graphics, sound, etc. contained in this web site is strictly prohibited and would constitute a breach of these terms and conditions.
9.2 The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by OK Play and the design, structure, selection, coordination, expression, look and feel and arrangement of such content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
9.3 User may print and download portions of material from the different areas of the Website solely for User’s own non-commercial use. User understand and agree that unauthorized copying, displaying or other use of any contents of this Website would amount to material breach of the Terms and Conditions and is a violation of law. User may not sell or modify the content of this Website or reproduce, display, distribute, or otherwise use the materials in any way, for any public or commercial purpose, without OK Play’s written permission.
9.4 All logos, brands, trademarks and service marks ("Marks") appearing in this Website are the properties either owned or used under license by OK Play and/or its associates. All rights accruing from the same, statutory or otherwise, wholly vest with OK Play / its Associates / vendors or respective third parties. The access to this Website does not confer upon User any license in respect of these Marks and therefore the use of these Marks in any form or manner, whatsoever is strictly prohibited. Users are not permitted to use the Marks without the prior consent of OK Play/ its associates/ vendor or the third party that may own the Marks. Any violation of the above would constitute an offence under the laws of India.
9.5 User hereby expressly agree not to:
9.5.1 Access data not intended for User or log into server or account that User are not authorized to access;
9.5.2 Attempt to probe, scan or test the vulnerability of a system or network;
9.5.3 Attempt or breach security or authentication measures without proper authorization;
9.5.4 Attempt to interfere with, access to any other user including but not limited to by submitting a virus of any kind or Trojan horse to the Website, overloading, Flooding, mail bombing or crashing;
9.5.5 Copy, distribute, download, display, perform, reproduce, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained in the Website except as permitted;
9.5.6 Copy and distribute this information on any other server, or modify or re-use information, text, graphics, sound, etc. on this Website to any other system. No reproduction of any part of the Website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or Website, whether in hard copy or electronic format, including postings to any other Website; or
9.5.7 Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from the website or link to this web site, without our express written consent.
9.6 Violations of system or network security may result in civil or criminal liability.
9.7 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, OK Play owns all intellectual property rights to and into the trademark and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
9.8 Except as expressly provided herein, User acknowledge and agree that User shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from OK Play or thirty party owner of such Content.
10. Third Party Content
10.1 The Website may usegeneral third party information such as, product catalogues, lists of authorized dealers, entertainment, technology and features, advertisements including videos, images and photographs of the products and other data from external sources ("Third Party Content") under a permission/ license from the owner of such content. Similar Third Party Content may also be available to User on the email received by User from OK Play. The provision of Third Party Content is for general informational purposes only. User acknowledges that the Third Party Content provided to User is obtained from sources believed to be reliable. OK Play does not provide any guarantee with respect to any of the Third Party Content and OK Play shall not be held liable for any loss suffered by User based on User reliance on or use of such data.
11. Disclaimer of Warranties & Liability
USER EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
11.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OKPLAY WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. OKPLAY ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
11.3 OKPLAY WILL NOT BE LIABLE FOR ANY LOSS THAT USER MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF USER’S ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT USER’S KNOWLEDGE. OKPLAY HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT OKPLAY NEITHER WARRANT NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. OKPLAY SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, OKPLAY SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND OKPLAY 'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. OKPLAY IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. OKPLAY ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO USER WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
11.4 OKPLAY SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
12. Indemnification and Limitation of Liability
12.3 In no event shall OK Play, its officers, directors, employees, partners or suppliers be liable to User, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not OK Play has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with User use of or access to the Website, Services or materials.
12.4 The limitations and exclusions in this Clauseapply to the maximum extent permitted by applicable law.
13.2 User agree that OK Play may, in its sole discretion, and without prior notice, terminate User access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by User (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or (4) unexpected technical issues or problems.
14.4 OK Play is required to do so by law (for example, where the provision of the Services to User is, or becomes, unlawful);
14.5 The provision of the Services to User by OK Play is, in OK Play’s opinion, no longer commercially viable;
14.6 OK Play has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or
14.7 OK Play may also terminate or suspend all or a portion of User account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of User Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) deletion of User materials and Account Information, including User personal information, log-in ID and password, and all related information, files and materials associated with or inside User Account (or any part thereof); and (iii) barring of further use of the Services.
14.8 User agree that all terminations shall be made in OK Play's sole discretion and that OK Play shall not be liable to User or any third party for any termination of User Account (and accompanying deletion of User Account Information), or User access to the Website and Services.
14.10 If User or OK Play terminates User use of the Website, OK Play may delete any content or other materials relating to User use of the Website and OK Play will have no liability to User or any third party for doing so.
15. Governing Law and Dispute Resolution
15.3 In case of a dispute or difference arising between the Parties relating to any matter arising out of or connected with this Agreement, such dispute or difference shall be settled in accordance with the Arbitration and Conciliation Act, 1996 before a sole arbitrator, the appointment of which shall be appointed by OK Play alone. The place and venue of arbitration shall be New Delhi.
16. Report Abuse
18.1 User hereby expressly agrees to receive communications by way of SMS, e-mails from OK Play relating to Services provided through the Website.
18.2 A User can unsubscribe/ opt-out from receiving communications from OK Play through e-mail anytime by:
18.3 Visiting www.okplay.in to unsubscribe from messages/ SMS; and
18.4 Newsletters sent daily at the registered email address by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail.
19. General Provisions
20. Feedback and Information
20.1 Any feedback Userprovide to this Website shall be deemed to be non-confidential. OK Play shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, User represent and warrant that (i) User feedback does not contain confidential or proprietary information of User or of third parties; (ii) OK Play is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) OK Play may have something similar to the feedback already under consideration or in development; and (iv) User are not entitled to any compensation or reimbursement of any kind from OK Play for the feedback under any circumstances.
21. Changes/ Amendment