Terms & Conditions - O My Special

TERMS AND CONDITIONS

Dear Customers,

Welcome to O My Special

The website www.omyspecial.com (hereinafter referred to as “website”) is owned and operated by SEBAGANS. These Terms and Conditions along with Terms of use, Disclaimer and Privacy Policy governs your relationship with SEBAGANS (hereinafter referred to as “OMS” / “We” / “us” / “O My Special”/ “SEBAGANS”). Your use and transactions on www.omyspecial.com, indicate that you have read and understood these Terms and policies and accept them as the legal equivalent of a signed, written contract, binding you to these Terms. SEBAGANS shall be responsible for fulfilling your order including but not limited to issue invoice, deliver product to recipient, and in no event shall any of its affiliate, director, representative, officers, consultants, or employee be responsible for transactions made on this website.

Your participation as a customer in this service will constitute acceptance of this agreement.

At www.omyspecial.com, we try to give you access of our services for 24 hours on every 7 days of a week. The website may not be available to you from time to time, for reasons including but not limited to unavoidable circumstances or for maintenance purpose. You acknowledge and understand this exception with OMS.

OMS reserves the right to amend/modify these Terms and Conditions at any time, as it may deem necessary or desirable. OMS reserves right to add on or discontinue any services from its website at its discretion. Such changes shall be applicable as it would be available on the website. You are requested to read these terms every time you visit the website for usage or transaction.

Terms and conditions of use

By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions. You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age. Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

You may view pages from our website in a web browser, stream audio and video files from our website; and use our website services by means of a web browser, subject to the other provisions of these terms and conditions. You must not download any material from our website or save any such material to your computer. Our website for your own personal and business purposes, and you must not use our website for any other purposes. You must not edit or otherwise modify any material on our website. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website. You must not use data collected from our website to contact individuals, companies or other persons or entities.

You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete, and non-misleading.

Registration, Cancellation and Communications

You may register for an account with our website by completing and submitting the account registration form on our website. You must not allow any other person to use your account to access the website. You must notify us in writing immediately if you become aware of any unauthorised use of your account. You must not use any other person's account to access the website unless you have that person's express permission to do so.

If you register for an account with our website, you will be asked to choose a user ID and password.

You must keep your password confidential. You must notify us in writing immediately if you become aware of any disclosure of your password. You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

We may suspend your account, cancel your account and/or edit your account details, at any time in our sole discretion without notice or explanation.

You may cancel your account on our website using your account control panel on the website.

Subject to terms of use and your registration on our website, you agree to receive communications from us by e-mail, SMS or any other communication made electronically, verbally, or physically through post. You agree that all agreements, notices, disclosures, and other communications that OMS provides to you by e-mail or in any other mediums satisfy any legal requirement that such communications be in writing.

In some cases, we will be contacting the recipient before delivery. If you wish we do not contact the recipient, please contact our Customer Care at customercare@omyspecial.com or 08668736130, and notify them about the same.

Since we are in an occasion-based gifting business, we would like to remind you in future year(s) for the same occasion. You give your consent for us to contact you through SMS, phone call and email on your registered phone number and email id, to assist you with our free Occasion Reminder Service.

Orders and acceptance of orders

Products with its information has displayed on the website to Invite Offer from User. When you make an order, you are making an offer to purchase, and such offer is subject to acceptance by us. Our communication (email/SMS/push notification) of acknowledging your order does not signify our acceptance to your offer. OMS reserves the right, after receiving the order, to accept or decline or cancel your offer (in whole or in part). Offer shall be deemed accepted once dispatched to delivery, by OMS. No other act or omission on the part of OMS shall be considered as acceptance of offer or order by OMS. In the event of a purchase, you will be required to accurately provide the recipient’s name, contact and shipping address. We may require additional verifications or information before accepting any order. OMS will not charge your credit/debit card or bank account for the cancelled order or cancelled portion of the order.

For your convenience, OMS accepts Visa, Master Card, RuPay, PayPal and American Express Debit Cards, Internet Banking, Digital wallets, and UPI. Notwithstanding anything contained herein, all payments made by above mentioned options, either through payment gateway on the OMS website or through OMS mobile application, are subject to specific terms and conditions of such third-party payment gateways.

Order Modification/Cancellation Policy

There are some orders which are we unable to accept and can be cancelled by our side. We reserve the right to cancel any order for any reason, like under any unforeseen circumstances that may come in the way of your order that may be limitations on quantity available of purchase, error in product(s) or pricing information, or limitations of our credit department. Before cancelling any order, we will contact/ notify you.

Same day orders are processed immediately, and usually cannot be modified/cancelled. However, if the order has not been prepared or is not out for delivery, we will try to modify/cancel the order for you. If the order has already been prepared/dispatched, it cannot be cancelled/modified, and you will be charged for the order.

In other cases of order modification/cancellation, please give at least 24 hours' advance notice.

Order/Delivery Confirmation E-mail and SMS

Shortly after you place an order on website, you will receive an Order Confirmation e-mail or SMS which will include all the details of your order, including the order number which will be required in the event you need to contact OMS.

In case you have not received an Order Confirmation e-mail, please call on 08688736130 (8:00 AM to 10:00 PM, 7 days a week) or write to us at customercare@omyspecial.com

You will also receive a Delivery Confirmation e-mail or SMS when your order gets delivered

Substitution Policy

In an event where a product that you have ordered is out of stock or unavailable, we will contact you to give an option of an alternate product. If we are unable to get in touch with you, we will proceed with sending you the alternate product since we know that you are sending it to your Special one(s) on a special occasion and we would not want anything to affect the spirit of the occasion.

Shipping & Delivery Policy

OMS endeavour to deliver products to the recipient as per the delivery option selected by User while placing the order. The delivery time is subject to location you provided for delivery. For the convenience and requirement of Customer, OMS provides two options of deliveries, Fixed Time Deliveries and Free Deliveries. OMS charges nominal amount from customers for selecting fixed time delivery and such charges displays on web page while selecting the time frame for delivery. However, under Fixed Time Deliveries, OMS is obliged to deliver your product as per your opted time, but it is always subject to factors beyond its reasonable control (“Force Majeure Events”) including unexpected travel delays from our courier partners and transporters due to weather conditions, political disruptions, strikes, war, lockdown, or other unforeseen circumstances. In such cases, we will proactively reach out to you. Please check your e-mails or SMS regularly for updates.

Flowers may be delivered in fully bloomed, semi-bloomed or bud stage. The delivery cannot be redirected to any other address.

Before any festival or major occasions, we suggest you place your order at least seven days in advance.

Products that are hand delivered cannot be delivered along with courier products. Those may reach to the recipient at two different times or days.

For same-day standard time delivery, orders must be received by OMS before 11:00 am, Monday - Sunday, IST.
For same-day fixed time delivery, orders must be received by OMS before 6:30 pm, Monday - Sunday, IST.
For same-day midnight delivery, orders must be received by OMS before 11:00 am, Monday - Sunday, IST.

You acknowledge that requested delivery time is non-binding. Estimated delivery time depends on the availability of the product and the destination to which you want the product to be delivered. Delivery may take longer due to bad weather, political disruptions, and other unforeseen circumstances. In such cases, we will proactively reach out to you. Please check your e-mails or SMS regularly for updates.

For perishable items like plants and flowers, we attempt delivery of your order only once. In the event the delivery is not executed during the attempt, you shall still be charged for the order and no re-delivery will be possible. We will consider the order executed in the below cases:

Wrong delivery/shipping address.
Recipient not available.
Recipient refusing to accept the delivery.
Premises locked.

In case if the recipient is not available, he/she can inform the delivery person to deliver the order to the gate/reception/neighbour.

Proof of delivery will be provided in case of any dispute in delivery.

Deliveries are made on Sundays and on Public Holidays for products that are delivered by hand.

If there is no one available at the shipping addresses to accept the delivery of your order at the time of delivery, the order will not be considered late. Hence in such cases, no refunds, cancellations, liability can be made. We will surely try our best as mentioned below-

Call the recipient to schedule an appropriate delivery time.
Leave the bouquet/arrangement with a neighbour and place a message on the recipient’s door with this information.
Leave a note on the recipient’s door asking them to contact the florist to schedule a delivery time.
Leave the bouquet/arrangement in a covered, secure area of the home (porch, garage, or other entrance)

Delivery of Courier Products

You will get informed about courier product or delivery on selecting product.

Notwithstanding anything contained in these Delivery terms, in the event the order is made to deliver through any courier agency or any third party, OMS does not make any representation or warranty in relation to the delivery of such orders. The products will be delivered through courier company and the delivery made by them are subject to the Terms and Conditions of such courier companies. For products that are shipped using the services of our courier partners, the date of delivery is an estimate. Your order may be delivered a day prior or a day after the chosen date of delivery.

You acknowledge that requested delivery date of such products are non-binding. Estimated delivery date depends on the availability of the product and the destination to which you want the product to be shipped. Such deliveries will not take place on Sundays and Public Holidays.

Our courier partners do not call prior to delivering an order, so we recommend that you provide an address at which someone will be present to receive the package. The delivery cannot be redirected to any other address.

All courier orders are carefully packed and shipped from our warehouse. Soon after the order has been dispatched, you will receive a tracking number that will help you trace your order. Courier partners sometimes have some delays due to holidays and strikes.

No deliveries are made by third party courier agencies on a Sunday and Public Holidays.

All courier orders are carefully packed and shipped from our warehouse. Soon after the order has been dispatched, you will receive a tracking number that will help you trace your order.

Courier partners sometimes have some delays due to holidays and strikes.
In case if the recipient is unavailable, we will try to attempt delivery twice and in case delivery location is incorrect or the recipient refuses to take the delivery, the delivery shall be deemed to have been made. The courier company will try to attempt deliver the package twice before the parcel returns to the point of origin.

In the event the delivery is not executed during the attempts, you shall still be charged for the order.

We will consider the order executed in the below cases:

Wrong shipping/delivery address.
Recipient not available.
Premises locked.
Recipient refusing to accept the delivery.

In case if the recipient is not available, he/she can inform the delivery person to deliver the order to the gate/reception/neighbour.

Fix Time Deliveries

We cannot commit the exact time for delivery. Subject to the other terms of the Shipping Disclaimer, the order will be delivered +30 or -30 minutes as per selected time.

Midnight Deliveries

Subject to the other terms of the Shipping Disclaimer, delivery will be made between 11.00 PM to 11.59 PM on the chosen delivery date. Note: Please choose the date of delivery a day prior to the date of occasion. Mid night deliveries are subjective to location, weather conditions, political disruptions, strikes, war, lockdown, or other unforeseen circumstances.

Delivery to Hotels & Hospitals Policy

O My Special network are experienced at making deliveries to hotels & hospitals. When placing your order, please be sure to include:

Hospital name
Full address of the hospital
Telephone number of the hospital
The name of the recipient
Room number or ward of the recipient

Hotel name
Full address of the hotel
Telephone number of the recipient and the hotel
The name of the recipient
Room number of the recipient
Name of Tour Company, if applicable

*Hospital: We will send your order in accordance with facility procedures, as most hospitals do not allow florists to personally deliver to individual rooms. Please note that many ICU patients are not permitted to receive flowers. Please check with the hospital norms before placing such orders.

*Hotel: If the recipient has not checked in at the hotel on the delivery date, the order will be left at the reception and the order will be assumed as executed. If the person has checked out of the hotel by the delivery date, the order will be assumed as executed and no refund will be made in such cases.

Delivery to Hostels/PG/Cantonment/Enclosed Premises

O My Special network are experienced at making deliveries to hostels/PG/Cantonment/Enclosed Premises. However, please be aware to make the following information available:

Hostel name
Full address of the hostel
Telephone number of the recipient and the hostel
The name of the recipient
Room number of the recipient

The recipient needs to either come to the gate of the premises to collect the delivery or send someone on his/her behalf after coordinating with the delivery person. The order can be handed over to security/any other responsible person or the order will be left at the reception and the order will be assumed as executed.

Delivery to Wedding Halls/Marriages Policy

For delivery of order items to Wedding Ceremonies/ Marriage Halls, we may not be able to assure the delivery to the bride and/or bridegroom. However, we shall ensure that the delivery is made to one of the responsible members of host.

Delivery to railway stations, Metro stations and airports

We do not deliver to railway stations, Metro stations and airports.

Delivery at Remote Locations and Towns

Orders can be delivered only in the cities available in our Database. Remote location depends upon the location and availability of our store or associate. We cannot commit exact time of deliveries to such locations.

Please note that flowers, cakes, and other perishable products are sourced locally at the delivery location. There are chances our deliveries of natural plants & flowers or Cakes are not available for such locations.

No deliveries would be done on National Holidays. The delivery of the same would be done on the next working day. In case of floods/ heavy rains/ National Bandh/election dates/ curfews/ traffic jams/ festival times/regulated traffic movements or any other impediments that may restrict the delivery of the order. OMS reserves the right to reschedule the delivery to another date.

Deemed Delivery

Under any class or category of orders, selected by Customer, OMS will attempt delivery only once. In the event the delivery is not executed, due to following reasons, you shall still be charged for the order and no re-delivery will be possible. We will consider the order executed in the below cases (Deemed Delivery):

Wrong shipping/delivery address.
Recipient not available.
Recipient refusing to accept the delivery.
Premises locked.

In case the recipient is not available at given address, our delivery boy will try to contact User and User can inform the delivery person to deliver the product to the gate/reception/neighbour of Recipient. As it would be a surprise for Recipient, we avoid contacting recipient in such circumstances. No request of cancellation, refund or modification would be entertained by OMS, in such cases. So, we request you to be sure about the details of recipient and his/her availability before placing the order.

On successful delivery, OMS’s representative or delivery personnel will request recipient for an acknowledgement of delivery. In case of refusal by recipient either to accept delivery or provide acknowledgment, the e-mail issued by OMS to User/Customer on delivery or deemed delivery of product shall be a sufficient Proof of delivery in case of any dispute with customer.

Duplicate Orders

If you have placed two or more identical orders by mistake, please let us know about it. We will give a full refund for the duplicate order, provided that the order has not been prepared or delivered. If we find that the same order has been made twice, we will try to contact the customer to confirm the order. If the customer is not contactable, we will take the decision on your behalf and that will be final.

Payment Terms

You agree to pay the price applicable and displayed for the product or service on our website at the time you submitted your order (Product Price), the delivery fees for the delivery service you select, if any (Delivery Fees), or any applicable taxes (defined below). You will be solely responsible for payment of all taxes (other than taxes based on OMS's income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the purchase of the products and services (Taxes) not withheld by OMS.

All payments are non-refundable (except as expressly set forth in the Terms and Conditions). We reserve the right to charge late fees on all due payments equivalent to the lesser of 1.5% per month on the unpaid balance or the highest rate allowed under Applicable Law. You agree to pay for all collection costs, attorney's fees, and court costs incurred in the collection of past due amounts.

"Convenience Charge" has been levied by the company for the facilitation of choosing a product/s and book for delivery, anywhere in India, without visiting our physical store. This covers company’s Internet and system handling costs.

Such Convenience charges are correlated to the Order value.

Payment Details

Order delivery is totally subjected to the payment credited in OMS’s a/c. unless payment is received by us, the order will not be processed. OMS accepts payment via Visa, Master Card, RuPay, PayPal and American Express Debit and Credit Cards, Internet Banking, Digital wallets, and UPI.

You acknowledge that while making transaction on the website, you are not using any Credit or Debit card, fraudulently and you are duly authorized to use such card. You agree to provide accurate and correct information of your card for such transaction. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively yours. OMS don’t take the responsibility of any transaction which is processed without your consent and knowledge. The cardholder is solely and totally liable for the transactions and the amount charged on his A/c.

Credit Card: All Domestic and International cards are accepted.

Feedback and Suggestions

At OMS, we make every effort to ensure that you receive excellent products and services. We strive hard not only meet but exceed your expectations. If, at any time, you experience problems with an order or are not happy with our services, you can write to us at customercare@omyspecial.com or call us on 08668736130 (8:00 AM to 10:00 PM, 7 days a week).

Your feedback and suggestions are important to us.

Note: Complaints need to be made within 48 hours from the time of delivery, after which we will not be able to register any complaints. Complaints against non-delivery needs to be made within 15 days from the date of delivery, after which we will not be able to register any complaints. In case of a defective or a bad quality product complaint, we will replace it. For quality purpose, we might have to get a reverse pick up done for that product before we can get a redelivery done.

Returns and Refund Policy

We allow refunds in genuine cases. However, in case if a wrong or a defective product has been delivered, do let us know within 24hrs of delivery. You can write to us at customercare@omyspecial.com or call us on 08668736130 (8:00 AM to 10:00 PM, 7 days a week. Our representative will contact you and may ask for some details about the product delivered or defaults therein. We expect your co-operation and support in completing the process and that will allow us to resolve your complaint expediently.

In genuine cases the company will refund payment for the damaged and/or defective product, only. We have a refund policy which entitles all our members to return the product at the time of delivery if it is received in a damaged state. It would be much easier for us to evaluate the damaged product if you take a video while opening the packaging of the product. If the product is received in a damaged condition by the customer, we will take the returned product back and issue a replacement product. For the wrong product delivered, company will either replace the product with the right one otherwise refunds the amount for the wrong product delivered.

OMS is not responsible and does not guarantee refund for cases where:

Flowers, plants, gift products and preserved items are delivered to incorrect address provided by the sender.
Unsuccessful deliveries arising from the recipient not being present at the time of delivery at the address provided by the sender or the recipient refusing to accept the delivery.
Product quality problems caused by improper handling of the product by the recipient.

No Cancellation of order is allowed, however in genuine case you can write to us at customercare@omyspecial.com or call us on 08668736130 (8:00 AM to 10:00 PM, 7 days a week. Acceptance of such request at our discretion.

In the event we are unable to supply all or part of your order (the product or any substitute product to you at all), we shall notify you as soon as possible and reimburse your payment for the part undelivered.

Once the request processed by OMS, refund takes 10 to 15 business days to reflect in your account.

Damaged/Defective Products

We allow refunds in genuine cases. However, in case if a wrong or a defective product has been delivered, do let us know at the earliest. You can write to us at customercare@omyspecial.com or call us on 08668736130 (8:00 AM to 10:00 PM, 7 days a week within 24 hours of receiving the product. Our representative will contact you and may ask for some details about the product delivered or defaults therein. We expect your co-operation and support in completing the process and that will allow us to resolve your complaint expediently.

In genuine cases the company will refund payment for the damaged and/or defective product, only. Subject to the Terms and Conditions, once refund is initiated by OMS, it takes 10-15 business days for the refund amount to reflect in your account.

Exchanges

It will not be possible for us to accept any request for product exchanges.

Warranty

Products can only be returned if they are subject to warranty terms, available under product information on our website. Warranty, against manufacturing defects for the products exists for all orders placed through our website www.omyspecial.com
Warranty can be availed only against manufacturing defects, and it cannot be claimed for defects due to mishandling of the products or normal wear and tear

License

These terms provide you with a personal, revocable, non-exclusive, non-transferable license to use this site conditioned on your continued compliance with these Terms and Conditions. You may use this site solely for your personal, non-commercial use, and you may download a single copy of the materials from this site only for personal, non-commercial home use, if you agree not to remove any copyright, trademark, or other proprietary notices from the materials downloaded.

Except as expressly provided herein, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, deep link, or otherwise use any information or material obtained from or through this site without the prior written permission of the material's owner. As a condition of your use of this site, you warrant to OMS that you will not use this site for any purpose that is unlawful, unauthorized, or inconsistent with these Terms, and you agree that the license to use OMS website will terminate immediately upon your violation of this warranty. OMS reserves the right to terminate your access to this site and its content at any time, with or without notice, at our discretion.

Disclaimers, Limitations and Exclusions of Liability

At www.omyspecial.com (website), we try to give you access of our services for 24 hours on every 7 days of a week. The website may not be available to you from time to time, for reasons including but not limited to unavoidable circumstances or for maintenance purpose. OMS makes no representations about the suitability, completeness, timeliness, reliability, legality in your jurisdiction, or accuracy of the information, materials, products, and services described or contained in this website for any purpose. To the fullest extent permissible by applicable law, OMS disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, system integration, data accuracy, and quiet enjoyment. OMS do not warrant that the website, its servers, or e-mail sent from the website are free of viruses or other harmful components.

OMS and its affiliates will not be liable for damages of any kind arising from the use of the Website, including, but not limited to direct, indirect, incidental, punitive or consequential damages or special damages, whether such damages were foreseeable and even if OMS was advised that such damages were likely or possible. In no event will aggregate liability of OMS to you for all claims arising in connection your use on website, the service, the Website, or the products, exceed the greater of (1) INR 500 (Five hundred Indian Rupees only) or (2) the amounts you have paid to company in relation to the service, the products, or the usage of the website in the past one month hereunder. You agree and acknowledge that this limitation of liability is an essential term between you and OMS relating to the provision of the Website, the service and the products to you, and OMS would not provide the Website or service or products to you without this limitation.

This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this agreement. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

OMS and its affiliates will not be liable for any damages of any kind arising in relation to (1) the use or consumption of products procured / manufactured by third parties or (2) the products delivered to you by any third party. OMS assumes no responsibility for examining or evaluating the products and services offered by them. OMS do not warrant the offerings of any of these businesses or individuals. OMS do not endorse, in any way, any third-party products or services or website’s content thereof. Any claim in respect of the same shall be made directly with the third party.

If O My Special is unable to deliver your order, then complete refund will be made. We shall not be liable for any other charges, loss of profits, emotional stress or any other liability etc. caused due to such non-delivery.

Fraudulent Transactions

If OMS found any User involved in any fraudulent transaction on the website, it may recover the cost of Products, collection charges and lawyers’ fees from persons using the Site fraudulently. Such recovery shall not prejudice the rights with OMS to initiate legal proceeding against such User for his/her unlawful activities.

Festive season, Valentine’s Day, and Raksha Bandhan Disclaimer

Due to a huge rush in orders during Festive season, Valentine and Raksha Bandhan, the delivery status confirmation by email or SMS may arrive a little later. Our team works very hard to let you know that your order is delivered as soon as we can.

Our Customer Care team is on toes to ensure that you have a great experience with us. During this period, they may take a little more time to respond. Kindly be patient. If you have dropped us an email, we ensure it is being reviewed and will be positively answered back.

Please be aware of our Substitution Policy

While we make best efforts to ensure we deliver your orders as soon as possible, due to huge rush during this period, we do not offer any fixed time guarantee. Orders are processed on first come first serve basis, delivery areas and other local conditions.

For products that are shipped using the services of our courier partners, we are unable to guarantee an exact date/time of delivery during the peak season.

Indemnity

You agree to indemnify, defend and hold harmless OMS, its affiliates, and all of their employees, agents, officers, directors, proprietors, partners, representatives, shareholders, servants, attorneys, accountants, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising in connection with (i) your use of and access to the Website (ii) your violation of any term of the Terms of Use and Terms of Use (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right (iv) any claim that one of your User Submissions caused damage to a third party and (v) use of the User Submissions by OMS.

Miscellaneous

The products, services and the site being offered by OMS hereto are subject to laws of the republic of India. If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavour to give effect to the party's intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time-to-time OMS may offer special promotional offers which may or may not apply to your OMS account. To avail of such promotional offers, you agree to be bound by any additional terms and conditions for these special offers which are laid down by OMS. This terms and conditions and the relationship between you and OMS will be governed by the laws as applicable in India. Any dispute(s) arising out of this terms and conditions will be handled in the competent courts of Goa, India. The failure of OMS to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. OMS do not guarantee it will act against all breaches of this terms and conditions. Except as otherwise, expressly provided in this terms and conditions, there shall be no third-party beneficiaries to this terms and conditions. This terms and conditions constitute the entire agreement between you and OMS and governs your use of the site, superseding any prior agreements between you and OMS with respect to the site.

Privacy Policy - Website

www.omyspecial.com is a gifting website, owns and operated by SEBAGANS, having its registered office at SEBAGANS, Survey no.179, Shop no.2 and 3,Hno. 179, Dharbandoda, South Goa, Goa,403406 (“OMS” or “we” or “company” or “our”), that allows its users to browse, select and order a gifting item for his loved one or relative or friend or family member or to the recipient as per the request of user.

These Terms of Use apply to all users of the Website. By accessing, viewing, or using this website, www.omyspecial.com, you indicate that you understand Terms, Conditions, Disclaimers and Polices available on this website and accept them as the legal equivalent of a signed, written contract, binding to you. If you transact on this website that shall be under the terms, conditions, disclaimers, and policies on this website.

YOU ARE REQUESTED TO READ THESE TERMS OF USE WITH TERMS AND CONDITIONS, DISCLAIMERS AND POLICES CAREFULLY, BEFORE YOUR USAGE OR TRANSACTION ON THIS WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, EXIT THIS PAGE, AND DO NOT ACCESS OR USE THE WEBSITE.

Access to Website

OMS hereby provides its conditional permission for you to access the Website in accordance with these Terms of Use if you use the Website on your continued and absolute compliance with these Terms of Use. You shall not rent, transfer, assign, commercially exploit, resell, or sublicense access to the service/products available on the Website to any third-party. You may only use this Website solely for (1) your personal, non-commercial use (2) you may download a single copy of the materials from the Website only for your personal, non-commercial home use. You agree not to use or launch, or cause to be used or launched, any automated/computerized/hybrid system or program in connection with the Website or online ordering, including without limitation, publishing, or distributing vouchers or codes, robots, spiders, offline readers, place pop-up windows over its pages, or otherwise affect the display of its pages and anything of similar nature. OMS reserves the right to revoke these exceptions either generally or in specific cases at any time.

You agree not to collect or harvest any personally identifiable information from the Website or use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit for any reason whatsoever any users of the Website with respect to their Submissions to the Website.

We always try to provide you uninterrupted access to the website of O My Special and those 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.

Your Account

When you use our website and register with us by providing your personal details, you consent to receive communication from us periodically. If you use the Website and register here, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your equipment i.e computer, laptop, tablet, mobile phone etc., and you agree to accept responsibility for all activities that occur under your account or password. We are not responsible to carry your transactions as per the details provided by you and saved on our system. You are responsible to keep your data updated all the time. OMS reserves the right to refuse services, terminate accounts, remove content, or cancel orders in its sole discretion. OMS keeps tracks of your activities on the website to provide you best offers and services. We may ask you to make registration or provide your details before making any transaction on the website. This information includes your name, age, phone number, e-mail ID, billing, and shipping address. We may disclose this information to our officers and third parties for the purpose of execution of your order. However, we make it sure that such information will keep secure and confidential with such officer and third parties. We may release your data if it is ordered by court or any government agencies under any law of land. We may use your email ID or Phone number to provide you our best offers and information about our products and services. However, you are free to notify us, at any time, if you are not interested or do not need such information from us and we will remove your data from such recipient list. Additionally, you can ask us to remove your data and details from our systems and we will accordingly remove all your information with us.

OMS and its affiliates will not be liable for any damages of any kind arising in relation to (1) the use or consumption of products procured / manufactured by third parties or (2) the products delivered to you by any third party. OMS assumes no responsibility for examining or evaluating the products and services offered by them. OMS do not warrant the offerings of any of these businesses or individuals. OMS do not endorse, in any way, any third-party products or services or websites content thereof. Any claim in respect of the same shall be made directly with the third party.

Intellectual Property Rights

The Website contains many valuable intellectual properties including but not limited to trademarks and copyright materials used and owned by OMS, its affiliates, and related entities. These trademarks are used to distinguish OMS’s quality products and services. These trademarks and related proprietary property are protected from reproduction and simulation under national and international laws and are not to be copied without the prior express written permission of OMS.

The text, graphics, and Website’s html code (including flash files, java script etc.) contained on the Website are the exclusive property of OMS, its affiliates, or related entities. Except where otherwise provided, the text, graphics and html code contained here shall not be copied, distributed, displayed, reproduced, adopted, or transmitted in any form or by any means without the prior express written permission of OMS.

The Website may contain links to websites not maintained by or related to OMS. Hyper-text links are provided as a service to users and are not sponsored by or affiliated with this website or OMS. OMS has not reviewed the websites hyper-linked to or from this website and is not responsible for the content of any other website. These links are to be accessed at the user's own risk. OMS makes no representations or warranties about the content, completeness, or accuracy of these links or the websites hyper-linked to the Website. Furthermore, OMS do not implicitly endorse third-party websites hyper-linked to the Website.

The intellectual property on the Website, except all User Submissions (as defined hereinafter), including but not limited to the text, software, scripts, graphics, photos, logos, images, concepts, sounds, music, videos, interactive features and anything else capable of being copyrightable under the Applicable Law (Content) and the trademarks, service marks and logos contained therein (Trademarks), are owned by/licensed to OMS, subject to copyright and other intellectual property rights under the Applicable Laws and international conventions. Content on the Website is provided to you as is for your information and personal use only and shall not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of OMS or the respective owners. OMS reserves all rights not expressly granted in and to the Website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein. The contents of the Website are Copyright (c) 2005-2022 O My Special All rights reserved.

Regarding the use of trademarked names in metatags and/or hidden text, we have a no-tolerance policy. The use of trademarked names in metatag keywords is trademark infringement, and the use of trademarked terms in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition.

Linking to any OMS web page is prohibited and is subject to a prior permission from OMS. Framing the OMS website with links, advertisements and/or other information not originating from the OMS website is expressly prohibited.

Events Beyond Our Reasonable Control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause out of our reasonable control. Such events may include any Act of God, fire, causality, flood, earthquake, war, strike, lockout, epidemic, destruction of production facilities, riot, insurrection, material unavailability, change in policy, change of law, orders, or judgment reasonable control.

Alteration Of Service or Amendments to The Conditions

You will be bound to Terms of Use, terms and conditions, Privacy Policy, and Disclaimers when you use the website and order products from us. We may change/ amend policies and terms at any time. This amendment shall be valid and effective immediately on its posting on the website. We promise you that such amendment or modification will never be less protective for our user’s information with us. If any term or condition will deem invalid, void, or for any reason unenforceable, that term or condition will deem to be severable and will not affect enforceability of other remaining terms and conditions. To have a great experience with us we will advise you to check these terms and conditions, every time, you decided to make any transaction on the website.

User Submissions

OMS welcomes your comments about your experiences shopping with us and your suggestions about how to improve the Website. Any comments, ideas, suggestions, information, or any other content you contribute to OMS or the Website (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for OMS to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content without additional approval or consideration in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. You agree and understand that whether such User Submissions are published on the Website, OMS do not guarantee any confidentiality with respect to any such submissions. Furthermore, you agree and acknowledge that OMS may publish your name and submissions on the Website, OMS managed social media, advertising, print material or in any other press releases of media items.

In relation to your User Submission you covenant, represent and warrant that: you own or otherwise have the necessary licenses, rights, consents, and permissions to use and authorize OMS to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to all the User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and the Terms of Use.

In connection with your User Submissions, you agree that you will not (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant OMS all of the license rights granted herein (ii) publish falsehoods or misrepresentations that may cause or likely to cause any damage to OMS or any third party (iii) submit material that is unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate (iv) post advertisements or solicitations of business (v) impersonate another person.

You agree and acknowledge that OMS do not endorse any User Submission, or any opinion, recommendation, or advice expressed therein, and OMS expressly disclaims all liability in connection with User Submissions. Furthermore, OMS do not permit copyright infringing activities and infringement of Intellectual Property Rights on the Website, and OMS is entitled to block and remove all content and User Submissions if properly notified that such content or User Submission infringes on another's intellectual property rights. OMS reserves the right to remove content and User Submissions without any prior notice.

OMS may also terminate, without notice, a user's access to its website, if the user is determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity twice and/or has had a User Submission removed from the website. OMS also reserves the right to decide whether content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Notwithstanding this right, YOU SHALL ALWAYS BE RESPONSIBLE AND FOR THE CONTENT AND SUBMISSIONS MADE BY YOU ON THE WEBSITE.

You agree that only you not, OMS/OMS.com is responsible for all electronic communication, and content sent from your computer to us, and you must use the website for lawful purposes only. You are responsible for your acts on the website which may cause or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.

Copyright

Unless otherwise indicated, all content on this site, including text, graphics, images, and logos is the property of OMS or its content suppliers and is protected by international copyright laws and regulations. In addition, OMS owns a copyright on this site as a collective work or compilation, and in the selection, coordination, enhancement, and arrangement of the site's content. Except as explicitly provided herein, OMS do not grant any explicit or implicit rights to you. OMS actively and aggressively fully enforces its intellectual property rights of the law. The content of this site is Copyrighted (c) 2005 OMS. All rights reserved.

Trademarks

OMS, and other names, graphics, logos, and icons identifying OMS, or its products or services are the proprietary marks of OMS. These trademarks may not be used in connection with any product or service that is not OMS, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits OMS. All other trademarks, not owned by OMS that appear on this site, are the property of their respective owners.

Applicable Law

By visiting OMS, you agree that the laws of India, without regard to principle of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and OMS or its affiliates.

Local Laws

OMS makes no representation that materials in this site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this site are illegal or is prohibited. Further, OMS makes no representation that the products and services available for sale or use on this site are appropriate or available for use in other locations and use or purchase of such products or services from territories where such purchase or use is illegal is prohibited. If you choose to access or make purchases from this site from other locations, you do so on your own violation and are responsible for compliance with any applicable local laws.

Losses

We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website

Entire Agreement

These Terms of Use, together with O My Special Return/Refund Policy, Privacy Policy, Substitution policy, and other rules and policies posted on the site, which are hereby incorporated as if set forth fully in these Terms of Use, constitute the entire agreement between you and O My Special with respect to your use of material available through the site, and they supersede all prior or contemporaneous communications and proposals between you and OMS with respect to this site. Any right not expressly granted in these Terms of Use are reserved.

General

If any provision contained in these Terms of Use is held by a court of competent jurisdiction to be contrary to any law, the remaining provisions of these Terms of Use will remain in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and OMS because of these Terms of Use or your use of this site. The waiver by OMS of one breach or default under these Terms of Use shall not constitute the waiver of any subsequent or other breach or default.

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