Terms of Use

  1. The Website is owned by Protea Retails Private Limited a company incorporated under the Companies Act, 2013 with its registered office at Caller 2B/A, Ghanshyam Avenue, Sunrise Park Society, Nr. Asia School, Drive-in Road, Thaltej, Ahmedabad – 380054, Gujarat, India (hereinafter referred to as “Offikart”).
  2. This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.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 domain name [www.officom] (“Website”), including the related mobile site and mobile application (hereinafter referred to as “website”)
  3. The terms defined herein shall mutatis mutandis apply to (i) Shipping Policy, (ii) Return and Refund/Replacement Policy, (iii) Privacy and Security Policy, (iv) Pricing Policy, and such other policies, as may be added, from time to time by the Company (each, a “Policy”) and vice versa. This electronic record is generated by a computer system and does not require any physical or digital signature. By accessing the Website, in any way, or, by purchasing any products offered for sale on the Website, from time to time (“Products”) or by subscribing to or use any of the services offered on the Website, you agree that you have read, understood the General Policy along with the terms laid down in each Policy, as applicable (collectively, “Terms of Use”).
  4. For the purpose of these Terms of Use, wherever the context so requires “You” or “User” 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.
  5. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Offikart Policies ((including but not limited to Privacy Policy available at Privacy) as amended from time to time.
  6. Transaction on 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 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 may use the website or access content on the website only under the supervision and prior consent/ permission of a parent or legal guardian.
  7. 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.
  8. Your mobile phone number and/or e-mail address is treated as Your primary identifier on the website. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the website at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the website through a onetime password verification. You agree that Offikart shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Website.
  9. 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. All telephonic conversations between you and the Company may be recorded and you hereby consent to such monitoring and recordation.
  10. The Content only constitutes an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the Terms of Use. We reserve the right to accept or reject your offer, in part or in full. Our acceptance of your order will take place only upon dispatch of the Product(s) ordered. Dispatch of all the Product(s) ordered, may or may not happen at the same time, in such a scenario, only that portion of the order which has been dispatched will be deemed to have been accepted by us and the balance would continue to remain an offer to us and we reserve the right to accept or reject such balance order, at our sole discretion.
  11. Offikart is committed to providing competitive prices every day, on everything offered on its Website. In order to ensure competitiveness as well as take cognizance of any inflation or other market changes, Offikart reserve the rights to update the prices on “offikart.com” from time to time without any advance notice to the Customers. Customer confirms & agrees to the prices displayed on the website before placing the order.
  12. While we strive to provide accurate Product and pricing information, pricing or typographical errors may occur. We cannot confirm the price of a Product until you place an order and we accept the order. In the event that a Product is listed at an incorrect price or with incorrect information due to an error in pricing or Product information, we retain the right, at our sole discretion, to refuse or cancel any orders placed for that Product. In the event that a Product is wrongly priced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. If your credit/ debit/ cash card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit/ debit/ cash card account for such amount.
  13. Membership on the website is free for buyers. Offikart does not charge any fee for browsing and buying on the website. Offikart reserves the right to change its Fee Policy from time to time. In particular, Offikart 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 Offikart 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. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Protea Retails Private Limited.
  14. You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:
  15. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
  16. (a) belongs to another person and to which You does not have any right to;
  17. (b) 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;
  18. (c) is misleading in any way;
  19. (d) 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;
  20. (e) harasses or advocates harassment of another person;
  21. (f) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
  22. (g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
  23. (h) 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];
  24. (i) promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about 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;
  25. (j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  26. (k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
  27. (l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  28. (m) contains video, photographs, or images of another person (with a minor or an adult).
  29. (n) 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;
  30. (o) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
  31. (p) interferes with another USER’s use and enjoyment of the website or any other individual’s User and enjoyment of similar services;
  32. (q) harm minors in any way;
  33. (r) 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;
  34. (s) violates any law for the time being in force;
  35. (t) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  36. (u) impersonate another person;
  37. (v) 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;
  38. (w) 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.
  39. (x) shall not be false, inaccurate or misleading;
  40. 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 Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the website.
  41. We will not be liable for any failure and/or delay on our part in performing any obligation under the Terms of Use and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by you if such failure and/or delay shall be result of or arising out of a Force Majeure Event, as defined hereunder.
  42. Explanation: “Force Majeure Event” means any event due to any cause beyond the reasonable control of the Company, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake, explosion, acts of God, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government including change in law, governmental orders or restrictions breakdown and/or hacking of the Website and/or contents provided for availing the Products on the Website, such that it is impossible to perform the obligations under the Terms of Use, or any other cause or circumstances beyond the control of the Company hereto which prevents timely fulfillment of obligation of the Company hereunder. It is hereby clarified that the failure to make a payment of money by the User will not be considered to be a Force Majeure Event.
  43. The Terms of Use shall be construed in accordance with the laws of India. Subject to the following Paragraph (b), the courts at Ahmedabad shall have exclusive jurisdiction in any proceedings arising out of or in connection with the Terms of Use.
  44. Any dispute or difference either in interpretation or otherwise, of any provision of the Terms of Use, shall be referred to a sole arbitrator who will be appointed by the Company and his decision shall be final and binding. The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time. The seat of arbitration shall be Ahmedabad.
  45. To the fullest extent permitted by applicable law, we disclaim all warranties, whether express or implied, including, without limitation, implied warranties of merchant-ability, fitness for a particular purpose or non-infringement in relation to the Products except only as provided in the warranty terms of a Product as given by its manufacturer.
  46. Notwithstanding anything to the contrary contained anywhere in the Terms of Use, to the fullest extent permitted under applicable law, offikart will not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website or the Content, in any manner and the maximum liability of the offikart for any claim arising hereunder (whether in tort or contract or otherwise), will only be limited to the price received by us against the Products sold.
  47. You agree to compensate, defend, indemnify and hold harmless the offikart from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your acts or omissions, which may result in any loss or liability to us or any third party. This clause shall survive the expiry or termination of the Terms of Use.
  48. If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent and economic impact of the original provision and the remainder of the Terms of Use shall continue to be effective.
  49. All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the “Comments”) shall be and remain our property and we shall exclusively own all intellectual property rights, titles and interests over the Comments and shall not be limited in any way in the use of the Comments, commercial or otherwise. We will be under no obligation (i) to maintain any Comments in confidence; (ii) to pay you any compensation for any Comments; or (iii) to respond to any Comments. Our right to the Comments will survive any termination of the Terms of Use.
  50. We do not regularly review posted Comments, but reserve the right to monitor and edit or remove any Comments submitted to the Website. You grant the Company the right to use the name that you submit in connection with any Comments. We take no responsibility and assume no liability for any Comments submitted by you or any third party.
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