1.1. These terms of offer for sale ("Supply Terms") apply to products and services purchased via www.oncaarnival.com (“the Website”) which is a website owned and operated by PRIVATE LIMITED, a company incorporated under the Companies Act, 1956, and also a “company” under the Companies Act, 2013 ("Company" or "Oncaarnival" or "We" or "Us" and its successors and assigns). Under these Supply Terms the users of the website will be referred to as ("You" or "Your" or "Yourself" or "User" or “Customers”).
1.3. IF YOU DO NOT AGREE WITH THE SUPPLY TERMS, PLEASE DO NOT ACCESS THE WEBSITE FOR ANY PURCHASE.
2.1. The Website is a platform for online sale of furniture and home decor merchandise (“products”) and allied services ("services") offered by oncaarnival and the purchase of products and service by you. For point of clarity, the products and services are Imported and sold, under the brand “oncaarnival”, which is owned by oncaarnival. oncaarnival also delivers the products to You directly or through its authorised partner.
2.2. oncaarnival has the right to change or discontinue any products and service at any time, without notice. oncaarnival may add or modify the procedures, modes, processes or conditions of purchase at any time. oncaarnival shall not be liable to You or to any third party for any modification, suspension or discontinuance of any product or any aspect of the services.
3. PRODUCTS AND SERVICES
3.1. oncaarnival sells a variety of products. Services, such as shipping, in relation to the products shall be per the oncaarnival’s policy, which may be changed by oncaarnival from time to time.
4.1. You should take all responsibility for Your own actions in utilizing the products and service and the Website in relation to the services availed or purchased by You and oncaarnival shall not be liable for any such action or consequence thereof.
4.2. You represent that You are of legal age to form a binding contract and are not a person barred from purchasing products or receiving services under the laws as applicable in India.
5. PRICING INFORMATION
5.1. The Pricing Information relating to the product shall be as displayed on the Website and as disclosed to You at the time of Your purchase/order.
5.2. oncaarnival does not guarantee that the price will be the lowest for similar products within any given locality, city, region or geography. Prices and availability are subject to change without notice or any consequential liability to You.
5.3. While oncaarnival strives to provide accurate information relating to products and services including pricing information, but typographical and other errors may occur. In the event that a product or service is listed at an incorrect price or with incorrect information due to an error, oncaarnival will have the right to modify the price of the product or services and contact You for further instructions via e-mail address provided by You at the time of registration, or cancel the order and notify You of such cancellation. If oncaarnival cancels the order after the payment has been processed, the said amount will be remitted to Your account from which the payment was made.
5.4. The following discount coupons are not allowed to be used during the sale period: Employee discounts, Employee Referrals & Sign-up Promotion (FTC), if any. All vouchers which are equivalent to cash will still be applicable - Customer referral codes and vouchers, Large Cart Vouchers, any replacement/gift vouchers customers might have received. oncaarnival reserves the right to change the discounts offered at any time during the sale and without prior notice.
6. CREDIT CARD DETAILS
You might be required to provide Your credit or debit card details to the approved payment gateways while making the payment. In this regard You agree to provide valid, correct and accurate credit / debit card details to the approved payment gateways for purchasing products or availing services on the Website. You shall not use the credit / debit card that is not lawfully owned by You. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit / debit card details. oncaarnival expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/debit card
7. DELIVERY OF THE PRODUCT
7.1. Your shipping address and pin code will be verified for serviceability with the database of oncaarnival before You proceed to pay for Your purchase. If Your order is not serviceable by representatives of oncaarnival or the area/pin code is not covered, we will request You to provide us with an alternate shipping address which we expect to have within oncaarnival’s serviceable area. If there is any dispute regarding the shipment of the product or delivery of services for the area not covered by oncaarnival, oncaarnival will not be responsible for the non-delivery of the product or services. You can make purchases on the website from anywhere in the world but the shipping address must be within India, in an area serviceable by us.
7.2. In case You book multiple orders for the products and services in one transaction, efforts will be made to ship all products together. However, this may not always be possible. Once the products ordered by You reach the nearby delivery centre and oncaarnival makes Delivery Attempt once, and You cancel the delivery of the products, oncaarnival will try to hold the products in the delivery centre for a week, beyond which if You do not take the delivery of the products, oncaarnival shall be free to cancel the order.
8. CANCELLATIONS, RETURNS AND REFUNDS
8.1. Cancellation prior to delivery - You cannot cancel your order for any product at any time prior to its delivery as our products are imported & made to order. For cancellation requests please get in touch with us on our customer care number (…………….) or write to us at …………………….. For cancellations made before a delivery attempt, any advance paid will not be refunded as per oncaarnival’s refund policy. A delivery attempt is defined as a visit to your ship-to address for delivery purposes (“Delivery Attempt”). Made To Order product (“MTO”) cancellation within 24 hours of placing the order, a full refund will be initiated. Post 24 hour orders will not be cancelled & there will be no refund in case of cancellations.
8.2. Cancellation at the time of delivery/installation - In case you are unhappy with a product, you may return the same on the spot, at the time of delivery, or at the time of installation. Cancellation at the time of delivery/installation is not allowed for MTO products.
8.3. Cancellation after delivery/installation - Products once delivered and installed cannot be returned.
8.4. Items bought on discount during sale are not eligible for cancellation after delivery.
8.5. In case, you receive a damaged product, please bring it to the notice of the delivery personnel, Service Associate or other responsible personnel immediately. In case you notice an issue later, please get in touch with us on our customer care number (……………) or write to us at …………...com. Damage or defect will be assessed in 1-2 days and a solution may be offered. If in the opinion of oncaarnival the product is defective, the product may be replaced or any other corrective measure may be taken, as deemed appropriate by the representative of oncaarnival, to address the issue. However, if in the opinion of oncaarnival there is no defect in the product, oncaarnival shall return the same product back to you and no further action will be taken. oncaarnival shall have the sole right to determine whether a product is defective or not.
8.6. The cancellation policies mentioned here do not apply to certain pincodes. To know the specific cancellation policy for your delivery location, please enter your pincode in the box provided on every product page.
RETURNS OR REPLACEMENTS: -
8.8. If you happen to receive a damaged or defective product, or a product that does not comply with the specifications as per your original order, you can return it on the spot, at the time of delivery. No requests for return will be accepted post delivery.
8.9. If you are eligible for a refund or a promotional code (as the case may be), the same shall be given to You as per the following guidelines -:
a) All refunds process initiation shall be subject to pick up of all cancelled items from Your/customer's premises.
b) The refund amount for the orders paid online or paid via credit/debit card at the time of delivery will be refunded within 7-10 working days from the date of initiating the refund through the online account, or will be refunded to the same card, depending on the most suitable circumstances as determined by oncaarnival.
c) The refund vide a promotional code, for the orders paid online will be provided to you within 7-10 working days through hard copy or e-mail depending on the most suitable circumstances as determined by oncaarnival.
d) A promotional code once used shall not be re-activated in case of cancellation of order, either by the customer or by oncaarnival.
9. Shipping And Delivery
9.1. In case we are yet to start delivery and post sales services in your city, whenever oncaarnival finds it operationally possible, we may deliver the product at your doorstep (provided a) You make advance payment of the entire order amount at the time of placing the order and b) the transportation cost is borne by you at actuals in advance). For such areas we will not be able to provide installation service and the products will not be covered under any warranty. However, at oncaarnival’s sole discretion, oncaarnival may solve any post sales related issues and provide installation services, provided you get the product to the nearest Delivery Center at your own cost and risk. Please get in touch with the customer service at the call centre for further enquiries.
9.2. The prices on website are subject to price fluctuations, due to various factors. Once an order is placed by you, you will be liable to pay such amount as was displayed on the date of the order and the invoice.
9.3. We deliver to certain pincodes only conditionally. In such cases, you may need to make an advance payment or minimum purchase value for your order to be eligible for delivery. For such locations, warranty, and after-sales service will also not be available. To know the exact conditions for your delivery location, please enter your pincode in the box provided for this on every product page.
9.4. All services are provided on an “as is” basis. oncaarnival makes no warranties, whether express or implied, in relation to the services, in particular those of merchantability, non-infringement or fitness for purpose.
10. Warranties and Claims.
Please note the standard warranties and the conditions for usage of the products in relation to each product. No claim (a) that is contrary to the above or (b) where products have been used contrary to the conditions of usage; will be entertained.
11. Indemnification and Limitation of Liability
11.1. You agree to indemnify, defend and hold harmless oncaarnival from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by oncaarnival that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these terms or any additional terms applicable to the purchase of products and/or services.
11.2. In no event shall oncaarnival, its officers, directors, employees or partners be liable to you 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 oncaarnival 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 Your purchase of the products and services herein. Notwithstanding anything to contrary, oncaarnival's entire liability to you under this Terms of Offer For Sale or otherwise shall be limited to the refund of the moneys paid by you, for any product or service in connection with r which the claim has arisen, which amount shall be refunded You.
12. Governing Law
12.1. These Supply Terms and the relationship between you and oncaarnival
shall be governed in accordance with the laws of India without reference to
conflict of laws principles.
12.2. All claims, differences and disputes arising under or in connection with or in relation to these Supply Terms or any transactions entered into on or through the website or the relationship between You and oncaarnival shall be subject to the exclusive jurisdiction of the courts at Bangalore Urban District and You hereby accede to and accept the jurisdiction of such courts.
PAYMENT & SECUTIRY
Oncarvnival.com ensures that every transaction you conduct with us is in a safe and secure environment. We value the trust you place in us. Please read this document on payments and how we ensure security.
What are the payment options which oncaarnival provides me?
At oncaarnival you can shop with any of the following options;
Visa, Mastercard and American Express Credit Cards.
Debit card for more than 50 banks.
Credit Card EMIs (with such banks that participate as on the date of transaction)
We currently support Net banking for all major banks like ICICI, HDFC, Citibank, SBI, Axis etc.
oncaarnival Gift Cards and Vouchers.
Do you offer Payment on Delivery options (Cash / Card)?
No, at this point in time, we do not offer cash on delivery/card on delivery as payment options.
How do I buy an oncaarnival product on EMI?
You can buy an oncaarnival product with EMIs using EMI on Credit Cards.
What should I keep handy for my online transaction?
For Credit Cards keep your card which has the details of card holder name, number, CVV and expiry date. Apart from this you also need to have your 3D secure password / online authorization code (“OAC”).
For Debit Cards keep your card which has the details of card holder name, number, CVV and expiry date. You will be redirected to the bank site for 3D secure authorization. So keep your OAC or IPIN handy as well.
For Net Banking you need to keep your account number as well as your password/IPIN handy.
Is it safe to use my credit card, debit card or net banking?
Absolutely. Shopping with oncaarnival is completely safe. Transactions with oncaarnival are via the industry leading payment gateways, which are VeriSign Secured® as well as PCI compliant. The Payment gateways are compliant with the global information security standards defined for organizations which handle cardholder information. Be assured that your card or account information is encrypted as it travels over the Internet making it well and truly safe.
Does oncaarnival.com store my card or account information?
oncaarnival.com does not collect or store your account information at all.
Will I be asked to share card information, account information or passwords over phone or email?
The oncaarnival team will never request you to share any of your payment details over email or over phone.
How will transactions on oncaarnival appear on my Credit Card / Bank statements?
All transactions on oncaarnival.com will be under the heading of oncaarnival Pvt Ltd on your Credit Card / Bank statements.
SHIPPING & DELIVERY
Do you ship to my city and location?
We currently deliver in Ahmedabad, Bangalore, Chennai, Coimbatore, Ghaziabad, Goa, Greater Noida, Gurgaon, Howrah, Hyderabad, Kochi, Kolkata, Mumbai, Navi Mumbai, New Delhi, Noida, Pune. We are coming to other cities very soon and will keep you posted!
What is the estimated delivery time?
Products are typically dispatched within 45 - 60 days of order confirmation depending on Your destination and services related to the Product shall be provided after the delivery of the Product. Once the product is dispatched for delivery we will notify you of the same.
All the products are transported and delivered using the oncaarnival or its partner delivery network.
While we try to ensure that the Product reaches you within the delivery time communicated, exigencies may delay the delivery. In such cases, please do not worry. Get in touch with us for the latest update on your shipment if we have already not got in touch with you.
For pre-orders, the estimated delivery time is 45 - 60 days starting from the day of shipping. The day of shipping is indicated on your product page at the time of order. Please note that we will NOT be able to ship pre-orders earlier than the indicated time.
Are there any shipping charges?
We charge for shipments in certain pincodes. Any additional charges like entry taxes shall be borne by us. When you enter a pin-code in the address field while ordering a product, the system will indicate whether we charge for shipments to your pin-code or not.
However, if in certain exceptional cases, we agree to deliver the Products in non-serviceable pin-codes, we may deliver the product at your doorstep provided the transportation/shipping cost is borne by you at actuals in advance
How do I track my order?
The best way to check your order status is to sign-up at oncaarnival.com and go to the order tracking page: https://www.oncaarnival.com/orders. We try our best to deliver your Product before you can even think 'Where is it now?' :) i.e. well within 10 days of your order (or 10 days of the promised shipment date in the case of pre-orders). In a few cases however, we take closer to our promised 12 - 15 days for delivery. In such cases, we proactively call / email the customer to inform them of the status of their product and where it is in transit. In the rare case when you have not received any communication from us for 10 days after order (or 10 days after promised shipment date in the case of pre-orders) do give us a call at our customer care number or email us at ……………..
What should I check when the product is delivered to me?
Please check for all the following items when the product is delivered to you:
Please check on all external surfaces across the product for any breakages, cracks, chip-offs, unfinished patches, or borer / insect infestations
In case there is some dust or a lack of shine, our team will be able to fix this immediately by applying a coat of wood polish or by rubbing the surface with a cloth; this is an accepted industry-standard method for cleaning the surface / polishing it
For all products that involve assembly, please ensure that the delivery team assembles the product so you are sure that all nuts and bolts are present and they fit well
For all products that require wall installation, kindly decide prior to the delivery team's visit on the exact location in your house where you would want to place your product, and instruct the delivery team to fix the product; please ensure that you have taken all necessary approvals prior for any drilling etc. that may be required to fix wall items in your apartment / home
For all products kept on the floor, ensure that the product stands steady and straight. In case there is an uneven leg (less than 5 mm difference), then our team will install bushes at the foot of that leg to balance the product better; in case the uneven leg is more than 5 mm, then we will take the item back to provide a replacement (or a repair) based on extent of change needed
For all seating products, kindly sit on the item to ensure that the structure is stable with your weight on it
Currently we make sure that the internal areas of storage products are well finished to not have any loose pieces / splinters to hurt your arms; however the extent of polish of internal areas may not match with the extent of polish on external areas
Wood has natural qualities such as differing grain patterns, minimal stain differences and small knots - small knots which structurally don't impact the product will be fully filled with putty and polished to make sure that they don't hamper the product; knots that alter structural stability of the product would be rejected at the quality control stage; differing grain patterns and stain differences are generally acceptable on hard wood products
Hard wood products may expand slightly during the summer months because of which some drawers may get stuck. This is normal, and nothing to be worried about. Reach out to our customer care team with your request, and our after-sales service team will come by and minimise the expansion by sanding the sides of the product.
Once the product is delivered and our delivery team leaves your location, we will be able to only honour manufacturing defects and other fair usage breakages as outlined in the warranty policy.
What if I receive a damaged product?
We work with manufacturers who have highly specialized quality control measures that ensure the product is up to our standards when you receive the product. In case you receive a damaged product (damage as defined above), please bring it to the notice of the delivery personnel immediately. In case you notice an issue later, please call us (…………….) or write to us at ………………...
Our team will assess the damage and get back to you within 2 business days. Depending on the degree of damage, we will either repair the product, or offer you a replacement. The assesment made by our team will be binding.
Can I cancel the order?
We take great pride in all the designs we create and curate. In the rare case that you do not like the product, or are unable to make space for it, you may cancel the order only in the following cases and in the following manner.
1. Cancellation prior to delivery - You can cancel your order for any product before 24 hours after placing the order by logging into your account and selecting the 'Request cancellation' option. For cancellations made after 24 hours , any advance paid will be not refunded as per oncaarnival’s refunds policy. However, in case of cancellation of any Made To Order product (“MTO”) within 24 hours of placing the order, a full refund will be initiated. Post the 24-hour window, there will be no refund of your order placed.
2. Cancellation at the time of delivery – As our products are all imported and Made to order (MTO) cancellation or refund at the time of delivery is not allowed.
3. Cancellation after delivery is not allowed - After delivery of the product, only After Sales services will be applicable, and cancellation is not an option.
Is there a cancellation fee applicable?
We generally do not levy cancellation fees except in the case of Made To Order (MTO) products. In the case of MTO products, if you cancel within 24 hours of placing the order, you will receive a full refund. Post the 24-hour window, there will be no refund of your order placed. Please also note that after delivery of the product, only After Sales services will be applicable, and cancellation is not an option. We do not offer exchanges or cancellations for MTO Products.
Once we have delivered the product and left the customer's premises, we will not be able to accommodate any cancellation or replacement requests (other than as covered by the product warranty). We recommend that customers be present at the time of delivery to check for any possible manufacturing defects. Should there be any, please inform the Service Associate. Our delivery staff will assist you with any questions you may have.
1. THE TERMS
PLEASE READ THE TERMS CAREFULLY BEFORE USING, VIEWING, ACCESSING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY YOUR UNCONDITIONAL ACCEPTANCE OF THE TERMS AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.
3.1. Please refer to Terms of Offer For Sale ("Terms of Offer For Sale"), which are also available on the Website.
4. ELIGIBILITY TO USE
4.1. In India, persons under 18 years of age are minors. You should be atleast 18 (eighteen) years of age to use the Website and purchase any Products or avail any Services through the Website. If You do not conform to the above qualification, You are not permitted to purchase any Products or avail of the Services. You represent that You are of legal age to form a binding contract and are not a person barred from purchasing Products or receiving Services under the applicable laws.
4.2. The Company reserves the right to refuse access to the Website, and/or purchase of any the Products and/or use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time for any reason or without providing any reasons.
5. USER ACCOUNT, PASSWORD, AND SECURITY
5.2. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify oncaarnival of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. In the absence of such notification from You, any purchase transaction made on the Website through Your Account and/or in Your name shall be binding on You. oncaarnival cannot and will not be liable for any loss or damage arising from Your failure to comply with these conditions. You may be held liable for losses incurred by oncaarnival or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
5.3. You shall ensure that the Account Information provided by You 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.
5.4 If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or oncaarnival has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, oncaarnival has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).
6. PRICING INFORMATION
6.1. oncaarnival strives to make available Products and Services at the best possible prices and terms. Information relating to pricing of products, terms of purchase of Products, and availing any Services, through the Website, are detailed under the Terms of Offer For Sale.
6.2. You agree to provide correct and accurate credit / debit card / net banking/ e-wallet details to the approved payment gateway for purchasing any Products and/or availing Services. You shall not use the credit / debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit / debit card / net banking/ e-wallet. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit / debit card/ net banking/ e-wallet details. oncaarnival expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit / debit card/ net banking/ e-wallet.
7. USER OBLIGATIONS
7.2. You agree to use the Website and the materials provided therein only for purposes that are permitted by: (a) the Terms; and (b) any applicable law, regulation or generally accepted practices or guide in the relevant jurisdictions.
7.3. You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogues) that You will access the Website in accordance with the Terms and particularly Section 8 and 10 below.
7.4. You 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 oncaarnival. You 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.
7.5. By accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. oncaarnival disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in the manner prescribed below
7.6. If the Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. Further, You undertake not to:
Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
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;
Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
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;
Engage in any activity that interferes with or disrupts access to the Website (or the servers and networks which are connected to the Website);
Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any oncaarnival server, or to any of the Product and Services offered on or through the Website, by any illegitimate means (including such as hacking and password mining);
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, the Website, or any other customer of oncaarnival, including any oncaarnival Account not owned by You, to its source, or exploit the Website 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;
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;
Collect or store data about other Users.
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;
Use the Website or any material or Content for any purpose that is unlawful or prohibited by the Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of oncaarnival or other third parties;
Conduct or forward surveys, contests, pyramid schemes or chain letters;
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;
Violate any code of conduct or other guide, which may be applicable to the Website;
Violate any applicable laws or regulations for the time being in force within or outside India;
Violate the Terms including but not limited to any applicable Additional Terms; and
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.
7.7. You agree that You are solely responsible to oncaarnival and to any third party for any breach of Your obligations under the Terms and for the consequences (including any loss or damage which oncaarnival or its affiliates may incur or suffer) for any such breach.
8.USE OF MATERIALS
8.1. Except as expressly indicated to the contrary herein or in any applicable Additional Terms, oncaarnival hereby grants You a non-exclusive, freely revocable (upon notice from oncaarnival), non-transferable access to view and print catalogues of Products or any other materials available on the Website, subject to the following conditions:
You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms;
You shall not modify or alter catalogues of Products or any other materials available on the Website; and
You may not remove any text, copyright or other proprietary notices contained in the catalogues of Products and Services or any other materials available on the Website.
8.2. The rights granted to You 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 shall not be copied or imitated in whole or in part. The catalogues of Products and Services or any other materials available on the Website may be copied or retransmitted unless expressly prohibited by oncaarnival.
8.3. Any software that is available on the Website is the property of oncaarnival. You shall not use, download or install any software available at the Website, unless otherwise expressly permitted by oncaarnival.
9. USAGE CONDUCT
9.1. You shall solely be responsible for maintaining the necessary computer equipment and Internet connections that may be required to access, use and transact on the Website.
9.2. You shall use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.
9.3. oncaarnival shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly due to any unauthorized transaction effected from Your Account for any reason whatsoever.
10. INTELLECTUAL PROPERTY RIGHTS
10.1. The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, images, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by oncaarnival 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.
10.2. The trademarks, logos and service marks displayed on the Website ("Marks") are the property of oncaarnival . You are not permitted to use the Marks without the prior consent of oncaarnival.
10.3. oncaarnival owns all intellectual property rights to the trademark "oncaarnival" and variants thereof, and the domain name, 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.
10.4. Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from oncaarnival.
11. DISCLAIMER OF WARRANTIES & LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
11.1. You shall indemnify, defend and hold harmless oncaarnival from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by oncaarnival that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms or any Additional Terms applicable to purchase of Products and/or Services, or any violation of the Terms and/or Terms of Offer for Sale or other terms and conditions relating to the use of the Website and the purchase of Products.
11.2. In no event shall oncaarnival, its officers, directors, employees, partners or agents be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, whether or not foreseeable or whether or not oncaarnival 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 Your purchase of the Products and/or availing of any Services herein.
11.3. oncaarnival WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION OR ANY PRODUCTS OR SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. oncaarnival 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, oncaarnival SHALL NOT BE 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. 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. oncaarnival IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO ANY INVALIDITY OF ANY KIND.
11.4. NOTWITHSTANDING ANYTHING TO CONTRARY CONTAINED IN THESE TERMS, TERMS OF OFFER FOR SALE OR ELSEWHERE, oncaarnival'S ENTIRE LIABILITY TO YOU SHALL BE LIMITED TO THE AMOUNT OF THE MONEYS PAID BY YOU FOR OR TOWARDS ANY PRODUCT OR SERVICE, IN CONNECTION WITH WHICH THE CLAIM HAS ARISEN, WHICH AMOUNT SHALL BE REFUNDED YOU, IN CASE THE CLAIM IS PROVEN BY AN ORDER OF THE COURT OR ANY COMPETENT AUTHORITY.
11.5. IN NO EVENT SHALL oncaarnival, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, PARTNERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY (1) SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT oncaarnival HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME, (2) BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR (3) ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.
11.6. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
12.1. oncaarnival may, in its sole discretion and without prior notice, terminate Your access to the Website if oncaarnival determines that You have violated the Terms or Additional Terms or any other duty owed to oncaarnival. Any violation by You of the Terms will constitute a breach, and will cause irreparable harm to oncaarnival, for which monetary damages is likely to be inadequate, and You consent to oncaarnival obtaining any injunctive or equitable relief that oncaarnival deems necessary or appropriate. These remedies are in addition to any other remedies oncaarnival may have at law or in equity.
13.1. The Terms will continue to apply until terminated by either You or oncaarnival as set forth below. If You want to terminate Your agreement with oncaarnival, You may do so by closing Your Account (if any). However, such termination shall not affect any rights and obligations that result from or resulted from, or are related to Your use of the Website prior to such termination, or any Product purchased by You or any Services availed by You prior to such termination.
13.2. oncaarnival may at its discretion and at any time with or without notice terminate or suspend the Terms without cause or with cause if:
13.2.2. oncaarnival is required to do so by law (for example, where the sale of Products or provision of the Services to You is, or becomes, unlawful or pursuant to a request by a regulatory authority or enforcement /enactment of any laws or regulations);
13.2.3. The sale of Products or provision of the Services to You by oncaarnival is, in oncaarnival's opinion, no longer commercially viable;
13.2.4. oncaarnival has elected to discontinue, with or without reason, access to the Website, providing of any the Services (or any part thereof) either in general or specifically to You;
13.2.5. For technical or any other reason, termination or suspension may include: (i) removal of access to all or portion of the offerings on the Website or any portion thereof; (ii) deletion of Your materials and / or Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with You or inside Your Account (or any part thereof); and (iii) barring of further use of the Website or providing any Services. oncaarnival may also delete any content or other materials relating to Your use of the Website.
13.3. oncaarnival shall not be liable to You or any third party for any such termination.
13.4. Termination or suspension shall not affect Your liability or obligation arising prior to such termination or suspension.
14. GOVERNING LAW
14.1. The Terms and all transactions entered and the relationship between You and oncaarnival and any mutual claims shall be governed in accordance with the laws of India without reference to any conflict of laws principles.
14.2. All claims, differences and disputes arising under or in connection with or in relation to the Website, the Terms or any transactions entered into on or through the Website shall be subject to the exclusive jurisdiction of the courts at Bangalore Urban District, India and You hereby accede to and accept the jurisdiction of such courts.
15. REPORT ABUSE
In the event You come across any abuse or violation of the Terms or if You become aware of any objectionable Content on the Website, please report to …..@oncaarnival.com.
17. NEWSLETTERS AND COMMUNICATIONS
You hereby expressly agree to receive communications and newsletters from oncaarnival by SMS and e-mails. You can unsubscribe / opt-out from receiving communications and newsletters from oncaarnival at any time by following the procedure set forth in the newsletters.
18. GENERAL PROVISIONS
18.1. Notice: All notices from oncaarnival will be served by email to the account designated by you or by general notification on the Website. Any notice to be provided to oncaarnival pursuant to the Terms should be sent to ……..@oncaarnival.com.
18.3. Severability: If a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, the same shall not affect the provisions of any other portion of the Terms. In any event, such provision shall be enforced to the maximum extent permissible so as to give effect to the intent as reflected by that provision.
18.4. Waiver: Any failure by oncaarnival to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.
18.5. Feedback and Information: Any feedback You provide to this Website shall be deemed to be non-confidential. oncaarnival shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) oncaarnival is not under any obligation of confidentiality, express or implied, with respect to the feedback; and (iii) You are not entitled to any compensation or reimbursement of any kind from oncaarnival for the feedback under any circumstances.
18.6.Exactness Not Guaranteed: oncaarnival tries its best to deliver Products and Services exactly the way they are described on the Website. However, the nature and tendency of natural material based products is that each piece of furniture is unique in its own way. oncaarnival hereby disclaims any guarantees of exactness of the finish or appearance of the final Products or Services ordered by the User over and above generally acceptable standards on the same. The quality of the Products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations.