Omni's Terms of Service

The following terms and conditions (these "Terms of Service" or “Terms of use”), govern your access to and use of the Omni website, including any content, functionality and services offered on or through www.helloomni.com (the "Site").

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found here, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles found on in the table of contents on this page.

These "Terms of service" constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is deemed an electronic record as per the information technology act of 2000 and rules there under as applicable and the amended provisionspertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.

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 www.helloomni.com website.

The domain name www.helloomni.com (hereinafter referred to as "Website") is owned by Omni online services Private Limited a company incorporated under theCompanies Act, 1956 hereafter reffered to as Omni.

“You” or “User” or “customer” for the purpose of these terms of use wherever the context so requires shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems or mobile computing systems. Omni allows the User to surf the Website or making purchases without registering on the Website. The term "We", "Us", "Our", “platform” , “marketplace”  shall mean Omni online services private limited.

 

When You use any of the services provided by Us through the Website, including but not limited to, (e.g. service Reviews, Seller Reviews, customer reviews etc), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use 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 these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

Eligibility to use Omni

The website is only available for use by a person who can form legally binding contracts under the 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 User of the Omni website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Omni reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Omni’s 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, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website. You can access and update much of the information you provided us with in the Your Account area of the website.

Key Terms

Services (also called offerings) are services offered on Omni.

Sellersare users who offer services through on Omni. These services are performed via omni or outside omni.

Buyersare users who purchase services on Omni.

Service / offering Detail Pageis where the seller can describe their service and service terms, and the buyer can purchase the service and create an order.

Ordersare the formal agreement between a buyer and seller after a purchase was made from the seller’s service detail Page.

Order Pageis where buyers and sellers communicate with each other in connection with an ordered Service.

Disputesare disagreements experienced during an order between a buyer and seller.

Revenueis the money sellers earn from completed orders.

Main terms

  • Only registered users may buy and sell on Omni. Registration is free.
  • Buyers pay Omni in advance to create an order.
  • Orders are purchased through the Order button found on a seller’s service details page.
  • Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect sellers’ reputation and status.
  • Users may not offer or accept payments using any method other than placing an order through Omni.com.
  • Buyers are granted all rights for the delivered work, unless otherwise specified by the seller on their Service details page.
  • Omni retains the right to use all published delivered works for Omni marketing and promotion purposes.

Sellers

  • Each order you sell and successfully complete, accredits your account with a net revenue of 90% of the purchase amount.
  • Omni accredits sellers once an order is completed. See our "Orders" section below for a definition of a completed order.
  • Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete.
  • If an order is cancelled (for any reason), the funds paid will be refunded to the buyer’s shopping balance.
  • Sellers may withdraw their revenues using one of Omni’s withdrawal options.
  • The seller's rating is calculated based on the order reviews posted by buyers. High ratings allow sellers to obtain advanced seller levels (see Levels below).

Services Offered

  • Services created on Omni are User Generated Content.
  • Services may be removed by Omni for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials:
    • Illegal or Fraudulent services, Copyright Infringement, Trademark Infringement.
    • Copyright Infringement, Trademark Infringement reported through our Intellectual Property Claims Policy found here
    • Adult oriented services, Pornographic, Inappropriate/Obscene
    • Intentional copies of services.
    • Spam, Nonsense, or Violent services / offering.
    • Services misleading to buyers, including violations of third party terms of service.
    • Reselling of regulated goods.
  • Services that are removed for violations mentioned above, may result in the removal of the seller’s account.
  • Services that are removed for violations are not eligible to be restored or edited.
  • Services may be removed from our Search feature due to poor performance and/or user misconduct.
  • URLs in your Services text that redirect to third party websites are subject to approval and may be considered inappropriate to use on Omni.
  • Services are required to have an appropriate image related to the service offered. An option to upload two additional Service images are available to all sellers.
  • Services may contain an approved Video uploaded through the Service management tools available on Omni.
  • As a registered seller, you are allowed to list services for sale on the Website in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must ensure that the listed services do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your services for sale. All listed services must be listed in an appropriate category on the Website.
  • It is advisable to provide your availability information so that users can schedule the services for the appropriate time.
  • The listing description of the item must not be misleading and must describe actual service. If the service description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. Omni will not be liable for any loss or damage incurred to the seller or consumer of the service.
  • Statements on the Service detail Page that undermine or circumvent these Terms of Service is prohibited.

Withdrawing Revenues

  • To withdraw your revenue, you must have an account with at least one of Omni's withdrawal providers.
  • Your Omni profile can be associated with only one account from each Omni withdrawal providers. A withdrawal provider account can be associated with only one Omni profile.
  • Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete.
  • To withdraw your available revenue, you must click on the designated withdrawal provider to initiate the withdrawal process.
  • Withdrawals can only be made in the amount available to you.
  • Withdrawal fees vary depending on the withdrawal provider / method.
  • Withdrawals are final and cannot be undone. We will not be able to refund or change this process once it has begun.

Buyers

  • You may not offer sellers to pay, or make payment using any method other than through the Omni.com site.
  • Omni retains the right to use all published delivered works for Omni marketing and promotional purposes.

Purchasing

  • Buyers pay Omni to create an order from a seller’s Service page, through the Order Now button.
  • Services may be purchased using a Credit Card, PayPal, Net Banking, Debit Card
  • Processing fees are added at the time of purchase where a buyer can review and accept the total amount requested to pay. These fees cover payment processing and administrative fees. When purchasing from your seller's balance (i.e. out of your earned revenues) or buyer's shopping balance (resulting from any credits or refunds) you will not be charged a processing fee. Funds returned to your balance from cancelled orders will not include processing fees paid.
  • If you have funds in your account balance, either from your Shopping or available Revenue balance, it will be automatically applied to your next purchase, but only in the event that your balance covers the entire purchase amount.
  • You may not offer sellers to pay, or make payment using any method other than through the Omni.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.
  • To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, we do not collect credit information; but allow our payment vendors to collect information for the purpose of collecting payments from buyers on the Site or transferring payments to sellers on the Site. We are not exposed to the payment information provided to our payment vendors, and this information is subject to the privacy policy applicable to the payment vendor. Please see our Privacy Policy for more information here.
  • While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
    1. Lack of authorization for any transaction/s, or
    2. Exceeding the preset limit mutually agreed by You and between "Bank/s", or
    3. Any payment issues arising out of the transaction, or
    4. Decline of transaction for any other reason/s

Payment Facility for Buyers:

  • You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
  • You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
  • You, as a Buyer, shall electronically notify Payment Facility using the appropriate Omni Website features immediately upon Delivery or non Delivery of the service within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction.
  • You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery of service within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Website features within the stipulated time than this would make You ineligible for a refund.
  • You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services.
  • For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
  • Refund shall be conditional and shall be with recourse available to Omni in case of any misuse by Buyer.
  • Refund shall be subject to Buyer complying with Policies.
  • Omni reserves the right to impose limits on the number of Transactions or Transaction Price which Omni may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
  • Omni reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Omni or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
  • The Buyer and Seller acknowledge that Omni will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of Omni.
  • Compliance with Laws: Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information andTechnology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Omni Website.
  • Buyer's arrangement with Issuing Bank: All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
  • All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

Orders

  • Once payment is confirmed, your order will be created and given a unique order number.
  • Depending on the type of service the delivery can be in person, with the vendor coming to the customers location, the customer coming to the vendors location or remotely via online / phone or chat.
  • Sellers must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service that was purchased and advertised on their Service page.
  • Using the Deliver Work button may not be abused by sellers to circumvent Order guidelines described in this Terms of Service. Using the “Deliver Work” button when an order was not fulfilled may result in a cancellation of that order after review, affect the seller’s rating and result in a warning to seller.
  • An order is marked as complete after the order is marked as Delivered and then rated by a buyer. An order will be automatically marked as complete if not rated and no request for modification was submitted within 3 days after marked as Delivered.
  • We encourage our buyers and sellers to try and settle conflicts amongst themselves, including by using the Resolution Center tab in the order page. If for any reason this fails, users can contact Omni's customer support department for assistance here.

Handling Orders

  • When a buyer orders a Service, the seller is notified by email as well as notifications on the site while logged into the account.
  • Sellers are required to meet the delivery time they specified when creating their Service. Failing to do so will allow the buyer to cancel the order when an order is marked as late and may harm the seller's rating.
  • Sellers must send completed files and/or proof of work using the Deliver Completed Work button (located on the Order page) to mark the order as Delivered.
  • Users are responsible for scanning all transferred files for viruses and malware. Omni will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
  • A Seller may cancel an order without the buyer's consent at any given moment (Force Cancellation). However, this will have a negative effect on the seller's rating.
  • Buyers may use the "Request Modifications" feature located on the Order page while an order is marked as Delivered if the delivered materials do not match the seller's description on their Service page or the requirements sent to the seller at the beginning of the order process.

Reviews

  • Feedback reviews provided by buyers while completing an order are an essential part of Omni's rating system. Reviews demonstrate the buyer's overall experience with the sellers and their service. Buyers are encouraged to communicate to the seller any concerns experienced during their active order in regards to the service provided by the seller.
  • Leaving a buyer's feedback is a basic prerogative of a buyer. Feedback reviews will not be removed unless there are clear violations to our Terms of Service.
  • To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Omni platform from users within our Community. Purchases arranged, determined to artificially enhance seller ratings, or to abuse the Omni platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
  • Feedback comments given by buyers are publicly displayed on a seller’s Service detail page. Buyers have the option not to include a comment, but still rate the service. Cancellation of an order does not remove feedback unless mutually agreed.
  • Work Samples are the delivered images and videos sent to a buyer in a delivery message. Work Samples are added to a sellers’ Live Portfolio on their Service detail page if the buyer chooses to publish the Work Sample while providing a public feedback review.
  • Withholding the delivery of services, files, or information required to complete the Service Detail service with the intent to gain favorable reviews or additional services is prohibited.
  • Users are allowed to leave reviews on orders up to 30 days after an order is marked as complete. No new reviews may be added to an order after 30 days.

Shipping

  • Some of the services on Omni are delivered physically (arts and crafts, collectable items, etc.). For these types of Services, sellers may decide to add shipping charges. Sellers can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).
  • Important: Buyers who order Services that require physical delivery, will be asked to provide a shipping address.
  • Sellers are responsible for all shipping arrangements once the buyer provides the shipping address.
  • Omni does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
  • A tracking number is a great way to avoid disputes related to shipping. We require entering the tracking number if available in the order page when delivering your work.

Disputes and Cancellations

  • We encourage our buyers and sellers to try and settle conflicts amongst themselves. If for any reason this fails, users can contact Omni's Customer Support department for assistance here.
  • Order cancellations (when eligible) can be performed by Customer Support only up to a period of 13 days from order completion date. We will not cancel orders after that time.
  • Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation to these Terms of Service. Doing so may get your account temporarily disabled to investigate possible security violations. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
  • In the event of a dispute, you are encouraged to use the Site's dispute resolution tools to attempt to resolve the matter by working it out with the seller or if not possible contact customer support for a resolution.
  • Eligibility to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations to our Terms of Service, general misconduct, and improper usage of the Omni delivery system.
  • Orders are not eligible to be cancelled based on the quality of service/materials delivered by the seller if the service was rendered as described in the Service details page. Buyers may rate their experience with the seller on the order page, including the overall level of service quality received.
  • Omni reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.

Refunds

  • Omni does not refund payments made for cancelled orders back to your payment provider automatically. Funds from order cancellations are refunded to the buyer's balance as credit and are available for future purchases on Omni. Funds returned to your balance from cancelled orders will not include processing fees paid.
  • Deposit refunds, when available from the payment provider, can be performed by our Customer Support team. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund from their account which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee. If any processing fees were added at the time of purchase to create a new order, the processing fees from that payment will be refunded along with your deposit.

User Conduct

  • Members of the Omni community communicate and engage through orders, social media, and on Omni’s Community Forums.
  • Omni maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Omni. This section relates to the expected conduct users should adhere to while interacting with each other on Omni.

Basics

  • To protect our users' privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Omni in order to circumvent or abuse the Omni messaging system or Omni platform is not permitted.
  • Any necessary exchange of personal information required to continue a service may be exchanged within the order page.
  • Omni does not provide any guarantee of the level of service offered to buyers. You may use the dispute resolution tools provided to you in the order page.
  • Omni does not provide protection for users who interact outside of the Omni platform or that are actively violating our Terms of Service.
  • All information and file exchanges must be performed exclusively on Omni's platform.
  • Rude, abusive, improper language, or violent messages sent to users will not be tolerated and may result in an account warning or the suspension/removal of your account.

Reporting Violations

If you come across any content that may violate our Terms of Service, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

Violations. Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user's email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account becoming permanently disabled based on the severity of the violation.

Abuse and Spam

Multiple Accounts - To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Omni community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to Omni’s Terms of Service is cause for permanent suspension of all accounts.

Selling Accounts- You may not buy or sell Omni accounts.

General Terms

  • Users have the option to enable account Security features to protect their account from any unauthorized usage.
  • Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
  • Sellers will be able to withdraw their revenues from disabled accounts after a safety period of 45 days, from the day of the last cleared payment received in their account and subject to Omni's approval.
  • Disputes should be handled using Omni's dispute resolution tools ('Resolution Center' on the order page) or by contacting Omni Customer Support.
  • You understand and agree that if you use Omni after the date on which the Terms of Service have changed, Omni will treat your use as acceptance of the updated Terms of Service.

Communications between Omni and you

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

Platform for Transaction and Communication

You agree, understand and acknowledge that the website is an online platform that enables you to purchase services listed on the website at the price indicated therein at any time from any location. You further agree and acknowledge that Omni is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of services on the website shall be a strictly bipartite contract between you and the sellers on Omni.com

Further:

  1. As metioned above the contracts are solely between the buyers and sellers alone. The contract / commercial terms include the price, payment methods, date of service, terms and conditions of the service, cancellation policies related to the service which is subject to change from seller to seller. Omni does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance ofsuch commercial/contractual terms between the Buyers and Sellers.
  2. Omni does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the services proposed to be sold or offered to be sold or purchased on the Website. Omni does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Omni accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
  3. Omni is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Omni cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. Omni shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
  4. Omni does not make any representation or warranty as to the item-specifics (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.
  5. Omni does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
  6. At no time shall Omni hold any right, title or interest over the products nor shall Omni have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Omni is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of services provided by the sellers.
  7. The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell services. Omni is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.
  8. You release and indemnify Omni and/or any of its officers 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, Omni cannot take responsibility or 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, inconsistent, inaccurate, or deceptive. Please use caution and practice safe practices when using the Website.

Access to Omni.com

Will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

Charges

Membership on the Website is free for buyers. Omni does not charge any fee for browsing and buying on the Website. Omni reserves the right to change its Fee Policy from time to time. In particular, Omni may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Omni reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees or USD as indidated. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Omni online services private limited.

Your conduct on our website

You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:  

  1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
    1. Belongs to another person and to which You do not have any right to.
    2. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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.
    3. is misleading in any way.
    4. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual.
    5. harasses or advocates harassment of another person.
    6. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming".
    7. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous.
    8. infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity].
    9. promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaintabout uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files.
    10. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page).
    11. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone.
    12. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creatingcomputer viruses.
    13. contains video, photographs, or images of another person (with a minor or an adult).
    14. tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins,friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
    15. engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website. Throughout this Terms of Use, Omni's prior written consent means a communication coming from Omni s Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization.
    16. solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal.
    17. interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services.
    18. refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
    19. harm minors in any way.
    20. 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 products.
    21. violates any law for the time being in force.
    22. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
    23. impersonate another person.
    24. 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.
    25. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to thecommission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
  2. You shall not use any "deep-link", "page-scrape", "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 any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
  3. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
  4. You shall not 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. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
  5. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation, of Omni or sellers on platform or otherwise tarnish or dilute any Omni’s trade or service marks, trade name and/or goodwill associated with such trade or service marks,trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Omni’s systems or networks, or any systems or networks connected to Omni.
  6. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
  7. You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Omni and / or others.
  8. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder 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 Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products 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.
  9. Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Yourinformation in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.
  10. From time to time, You shall be responsible for providing information relating to the products 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 products or services so as to mislead other Users in any manner.
  11. You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to,products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junkemail to other Users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. We reserve the right, but has no obligation, to monitor the materials posted on the Website. Omni shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, Your remain solely responsible for all the content that you post on the Omni site. Please be advised that such Content posted does not necessarily reflect Omni’s views. In no event shall Omni assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
  12. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and sucha dvertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
  13. 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 does 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.
  14. Omni shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

Contents Posted on Site

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Omni’s express prior written consent. You may use information on the products and services purposely made available on the Website for downloading, provided that You

  1. Do not remove any proprietary notice language in all copies of such documents,
  2. Use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
  3. Make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, "Content"). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.

Privacy

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at /s/privacy policy. If You object to Your Information being transferred or used in this way please do not use Website.

We and our affiliates will share / sell / transfer / license / covey some or all of your personal information with another business entity should we (or our assets)plan to merge with or are acquired by that business entity, or re-organization, amalgamation, restructuring of business or for any other reason whatsoever. Should such a transaction or situation occur, the other business entity or the new combined entity will be required to follow the privacy policy with respect to your personal information. Once you provide your information to us, you provide such information to us and our affiliate and we and our affiliate may use such information to provide you various services with respect to your transaction whether such transaction are conducted on www.helloomni.com or with third party merchant's or third party merchant's website.

Disclaimer of Warranties and Liability

This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, omni does not warrant that:

  • This Website will be constantly available, or available at all; or
  • The information on this Website is complete, true, accurate or non-misleading.

Omni will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Omni does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.