INFRINGEMENT POLICY

This IP Infringement Policy should be read in consonance with the Terms & Conditions and the Privacy Policy.

All the contents such as logos, text, graphics, software, programs, service name, trade name, user interface, source code, icons, images, etc displayed on the www.omesarindia.com website is the exclusive property of “OMESAR INDIA” as we reserve all the intellectual property rights in these contents. Users agree not to use, reproduce, sell, transmit, create derivate work or distribute any content from the website belonging to “OMESAR INDIA”. Use of the website does not entitle the user to make any unauthorized use of any protected content. User may use the protected content solely for personal use and will make no other use of the content without express written permission of “OMESAR INDIA”. Access to the website does not grant the user any license, express or implied, to the intellectual property of “OMESAR INDIA” or its licensors.

“OMESAR INDIA” respects the intellectual property right of others. In case you find that any contents displayed in the website infringes a copyright, patent, or trademark or in case the goods exhibited are counterfeit in nature, then you can send us a notice of infringement along with the following details.

• Your contact information including your name, address, telephone number, e-mail address.
• A digital or electronic signature of the person authorized to act on behalf of the owner whose rights have been infringed and a verified statement that such person is the authorized representative of the right owner.
• The alleged subject matter of the infringement and its location on the website.
• The details of the alleged subject matter and a description as to how the alleged subject matter is infringing.
• A statement that the notifying person believes in good faith that the alleged subject matter is infringing other person’s right.

The above information is necessary for us in order to verify the genuineness of the claim and to investigate upon the matter. After investigation, if it appears to us that the claims are not meritless, then we would remove the alleged subject matter and disable the access to such. If action taken by us affects any party, then such party can file a counter notification with us addressing all its concerns.

Kindly report any type of Intellectual Property infringement that you come across while surfing/accessing our website at: www.omesarindia.com

“OMESAR INDIA” reserves all the right to modify the intellectual property policy at any time with its discretion without prior notice to the users.

NOTICE

All notices to the users will be sent to their mails or will be posted on the website. The users, who have maintained their e-mail address with  omesarindia.com, will be receiving notice in such e-mail address only. Email notices are deemed received the Business Day after transmission if properly addressed to the intended recipient.

In case of any question the user can contact sales@omesarindia.com.

OMESAR INDIA ENTERPRISES
NO-10, 5^th Main, Singapura Layout
Vidyaranyapura Post
Bengaluru – 560097
+91 7022528314

GOVERNING LAW

This clause shall survive the termination or expiration of this agreement.

• Applicable law

These terms and conditions will be governed by and construed in accordance with the laws applicable in INDIA and the terms, conditions and disclaimers are subject to the exclusive jurisdiction of the courts of Bangalore.

• Arbitration

Any dispute arising would be subjected to a binding arbitration with one arbitrator selected by each party and a third arbitrator selected by the two chosen arbitrator. The parties may take the recourse of institutional arbitration. The arbitration proceeding shall be governed by the Arbitration and Conciliation Act 1996 and language of the arbitration shall be English.

INDEMNIFICATION

The user agrees to indemnify, defend, hold harmless www.omesarindia.com in for any losses, costs, expenses (including reasonable attorney fees) relating to or arising out of user’s use of or inability to the use the services, user’s violation of any terms of agreement, user’s violation of any rights of third party, user violation of any applicable laws, rules or regulations. This clause shall survive the expiry or termination of this User Agreement.

MODIFICATION OF TERMS AND CONDITIONS

Omesarindia.com reserves all the right to revise these term and conditions from time to time without notifying the user. The revised terms and conditions would be applicable from the date on which the revised terms and conditions are published on the website. The user should regularly review the Terms & Conditions on the Site. In the event the modified Terms & Conditions is not acceptable, the user should discontinue using the Service. However, if the user continues to use the Service, then the user shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Site.

TERMINATION

Omesarindia.com reserves all the right to suspend or terminate the user’s use of the website without giving prior notice, if omesarindia.com finds that the user has violated any of the terms and conditions, policies or guidelines. The user can terminate the agreement at any time, provided that the user discontinues any further use of the website. Upon any termination of the User Agreement by either you or OMESAR INDIA, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. User shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever.

OBJECTIONABLE MATERIAL

There may be some instances, where users are likely to encounter contents which are offensive, indecent or objectionable to some person (the contents may or may not be identified as such). User agrees to use the site or such content at its sole risk and Mattressfactory.in shall not be held liable for the contents that appear objectionable or indecent to you.

USER CONDUCT AND RULES (GENERAL)

User undertakes not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative, sell, lease, translate, decompile or otherwise exploit the website or any portion, by any means, unless otherwise provided.

User undertakes not to post or publish any information on to the website that are abusive, defamatory, threatening, obscene, indecent, pornographic, harassing, violates the legal right of others or otherwise encourages conduct that would give rise to civil or criminal liability under Indian law.

The user warrants not uploading or distributing any virus, bugs, trap doors, harmful codes or other similar software or programs that may damage the functioning of the website or another’s computer.

The user agrees not to violate abuse, manipulate or exploit any terms and conditions of the agreement or any code of conduct or other guideline as provided under the website.

The user undertakes not to make any defamatory, derogatory, abusive, inappropriate, indecent comment or statement about omesarindia.com and its associates and partners on any property owned by omesarindia.com

The user may not obtain or attempt to obtain any information or materials through any means not intentionally made available or provided for through this site. OMESAR INDIA shall not be liable to user nor held in breach of contract for any loss or damage which may be suffered as a direct or indirect result of us being prevented, hindered or delayed in the performance by reason of any circumstances beyond our reasonable control including (but not limited to) any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labour disturbance, breakdown of plant or machinery, interruption in the supply of power or materials and in such event we may elect to cancel your Order and Refund will be process through the same online mode in 10 to 15 working days.

UNAUTHORISED OR FRAUDULENT USE

As already mentioned in clause 3, the use of Mattressfactory.in is limited to the person who are of 18 years of age or above. By continuing to use the website, the user guarantees that he is of 18 years or above. A person less than 18 years can access the website as per the condition mentioned in clause 3. Using of the website without compliance to this provision is deemed as an unauthorised use of the website. Promotional offers may be extended to the existing or potential new customer at regular intervals and the users agree to act in accordance with the term and condition of such offers. Avoidance of such terms and condition is regarded as a fraudulent use by the user and the user would be responsible for all the damages occurred due to such fraudulent use.

PRICING AND TERMS OF PAYMENT

All the products listed on our website will be sold at the prices mentioned in the website. All the prices are in Indian currency (i.e. rupee). Unless otherwise specified, the prices cited on the websites are exclusive of shipping charges and delivery charges. The user agrees to pay for shipping or carriage charges which would be added to the quoted price upon placing of the purchase order. Omesarindia.com also reserves the right to notify the user of any mistakes in Product descriptions or errors in pricing prior to product dispatch. In such event if the user choose to continue with fulfilment of the order, the user acknowledge that the Product or Service will be provided in accordance with such revised description or corrected price. Generally, the prices of the commodities do not fluctuate on daily basis, but in case of change in price it would be automatically updated on the website. However, the prices of some featured items might change regularly and if such change arises after the dispatch of your order, then it will not affect user original purchase price as the user is not liable to pay the revised price.

Omesarindia.com reserves all the right to change the prices or the services of the product at its discretion. Owing to circumstances like increase in the cost of materials, labour, carriage or increase in tax, duty or levy or any variation in exchange rates, Omesarindia.com has the right to revise the prices and/or to withdraw the discounts. While placing the order, the payment shall be made as per the indicated method in the site and such payment shall be unconditional and irrevocable.

ACCOUNT PASSWORD AND SECURITY

The user may be required to register and login for placing orders from the website. The user should take all the necessary measures for maintaining the privacy of the password created upon registration and is also responsible for all the activities that occur under the user’s account. The user agrees to immediately notify Omesarindia.com of any unauthorised use of the account or password. In case of any damage or loss arising out of user’s failure to comply with this provision, Omesarindia.com shall not be held liable.

ELIGIBILITY CRITERIA

The use of this website is limited to person(s) who are above the age of 18 years and are capable of forming a contract under the Indian Contract Act 1872. By continuing to use this website, you represent that you not a minor [i.e. below 18 years of age]. If you are a minor and wish to transact or use the website, it must be done under the supervision of parent or legal guardian provided that such parent or guardian accepts the terms and conditions

INTRODUCTION

The following terms and conditions regulate the use of this website. By continuing to use the website you agree that you have read, understood and are bound by the terms and conditions. If you disagree with these terms and conditions or any part thereof, you must not continue to use this website. The term “omesarindia.com”, we, us refers to the owner of the website and the terms you refers to the user or the viewer of the website.

Contact
If you have any queries regarding the privacy policy or feedback or suggestion, feel free to contact us at: sales@omesarindia.com