This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.Your use of website www.orkayfragrance.com and its services and tools are governed by the following terms and conditions as applicable to the www.orkayfragrance.com. If you transact on www.orkayfragrance.com, you shall be subject to the policies that are applicable to the website for such transaction. By mere use of the website you shall be contracting with Orkay Fragrance, registered office at #237/11, Rahuvanahalli, (Next to Shiva Temple), Kanakapura Main Road, Bangalore – 560 062, India and these terms and conditions constitute your binding obligations.
For the purpose of these terms and conditions, wherever the context so require ‘You’ shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data while registering on the Website as Registered User using the computer systems of the www.orkayfragrance.com
When you use any of the services provided by the www.orkayfragrance.com, including but not limited to, (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms and Conditions and shall be considered as part and parcel of this Terms and Conditions. Orkay Fragrance reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and Conditions, Orkay Fragrance grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Accessing, Browsing or otherwise using the site indicates your agreement to all the terms and conditions in this agreement, so please read this agreement carefully before proceeding.
Membership Eligibility: Use of the www.orkayfragrance.com website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the www.orkayfragrance.com Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the www.orkayfragrance.com and shall not transact or use www.orkayfragrance.com website. As a minor if you wish to use or transact on www.orkayfragrance.com, such use or transaction may be made by your legal guardian or parents who have registered as users of the www.orkayfragrance.com. www.orkayfragrance.com reserves the right to terminate your membership and refuse to provide you with access to the www.orkayfragrance.com if it is brought to www.orkayfragrance.com ‘s notice or if it is discovered that you are under the age of 18 years.
Your Account and Registration Obligations : If you use www.orkayfragrance.com, you shall be responsible for maintaining the confidentiality of your User ID and Password and you shall be responsible for all activities that occur under your User ID and Password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or www.orkayfragrance.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms and Conditions, Parnami Agarbatti has the right to indefinitely suspend or terminate or block access of your membership with www.orkayfragrance.com and refuse to provide you with access to the Website.
Communications: When you use the website or send emails or other data, information or communication to www.orkayfragrance.com, you agree and understand that you are communicating with www.orkayfragrance.com through electronic records and you consent to receive communications via electronic records from www.orkayfragrance.com periodically and as and when required. www.orkayfragrance.com may communicate with you by email or by such other mode of communication, electronic or otherwise.
If you are no longer interested in receiving e-mail announcements and other marketing information from us, or you want us to remove any PII (Personally Identifiable Information) that we have collected about you, please e-mail your request to email@example.com.
Use of Website: http://www.orkayfragrance.com : You agree, undertake and confirm that your use of www.orkayfragrance.com shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information:
(a) belongs to another person and to which you do not have any right to.
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition)Act,1986;
(c) misleading in any way.
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(h) infringes upon or violates any third party’s rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(l) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(m) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(n) contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
(o) tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(p) engages in commercial activities and/or sales without www.orkayfragrance.com’ s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” items related to the Sites. Throughout this Terms and Conditions, www.orkayfragrance.com “prior written consent” means a communication coming from www.orkayfragrance.com Legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;
(q) solicits gambling or engages in any gambling activity which www.orkayfragrance.com, in its sole discretion, believes is or could be construed as being illegal;
(r) interferes with another user’s use and enjoyment of the www.orkayfragrance.com Website or any other individual’s user and enjoyment of similar services;
(s) refers to any website or URL that, in the sole discretion of www.orkayfragrance.com, contains material that is inappropriate for the www.orkayfragrance.com Website or any other Website, contains content that would be prohibited or violates the letter or spirit of these Terms and Conditions.
(t) harm minors in any way;
(u) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
(v) violates any law for the time being in force;
(w) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(x) impersonate another person;
(y) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(z) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(aa) shall not be false, inaccurate or misleading;
(ab) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(ac) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. www.orkayfragrance.com reserves the right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of www.orkayfragrance.com website, or any other systems or networks connected to www.orkayfragrance.com Website or to any www.orkayfragrance.com ‘s server, computer, network, or to any of the services offered on or through www.orkayfragrance.com Website, by hacking, password “mining” or any other illegitimate means.
You shall not probe, scan or test the vulnerability of www.orkayfragrance.com website or any network connected to www.orkayfragrance.com website nor breach the security or authentication measures on www.orkayfragrance.com website or any network connected to www.orkayfragrance.com Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to www.orkayfragrance.com Website, or any other customer of www.orkayfragrance.com, including any www.orkayfragrance.com account not owned by you, to its source, or exploit www.orkayfragrance.com Website or any service or information made available or offered by or through www.orkayfragrance.com Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by www.orkayfragrance.com Website.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of www.orkayfragrance.com Website or www.orkayfragrance.com’ s systems or networks, or any systems or networks connected to the www.orkayfragrance.com.
You agree not to use any device, software or routine 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.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to www.orkayfragrance.com on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of www.orkayfragrance.com or others.
From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.
You shall not engage in advertising to, or solicitation of, other users of www.orkayfragrance.com to buy or sell any products or services, including, but not limited to, products or services related being displayed on www.orkayfragrance.com or related to www.orkayfragrance.com. You may not transmit any chain letters or unsolicited commercial or junk email to other users via www.orkayfragrance.com. It shall be a violation of these Terms and Conditions to use any information obtained from www.orkayfragrance.com in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the www.orkayfragrance.com without www.orkayfragrance.com’ s prior explicit consent. In order to protect our users from such advertising or solicitation, www.orkayfragrance.com reserves the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which www.orkayfragrance.com deems appropriate in its sole discretion.
You understand that www.orkayfragrance.com has the right at all times to disclose any information (including the identity of the persons providing information or materials on the www.orkayfragrance.com Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
www.orkayfragrance.com reserves the right, but has no obligation, to monitor the materials posted on www.orkayfragrance.com website. www.orkayfragrance.com shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms and Conditions. Notwithstanding this right of www.orkayfragrance.com, you remain solely responsible for the content of the materials you post on the www.orkayfragrance.com website and in your private messages. Please be advised that such Content posted does not necessarily reflect the views of www.orkayfragrance.com. In no event shall www.orkayfragrance.com assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on www.orkayfragrance.com. You hereby represent and warrant that you have all necessary rights in and to all Content you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through www.orkayfragrance.com, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. www.orkayfragrance.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on www.orkayfragrance.com.
It is possible that other user (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on www.orkayfragrance.com and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of www.orkayfragrance.com, and that the recipient may use such information to harass or injure you. www.orkayfragrance.com does not approve of such unauthorized uses but by using the www.orkayfragrance.com Website you acknowledge and agree that www.orkayfragrance.com is not responsible for the use of any personal information that you publicly disclose or share with others on www.orkayfragrance.com. Please carefully select the type of information that you publicly disclose or share with others on www.orkayfragrance.com.
www.orkayfragrance.com shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Contents Posted on Site : All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the www.orkayfragrance.com is owned, controlled or licensed by or to www.orkayfragrance.com, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms and Conditions, no part of the www.orkayfragrance.com and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without www.orkayfragrance.com’s express prior written consent.
You may use information on www.orkayfragrance.com products and services purposely made available by www.orkayfragrance.com for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Other Businesses : www.orkayfragrance.com does not take responsibility or liability for the actions, products, content and services on www.orkayfragrance.com website, which are linked to Affiliates and / or third party websites using www.orkayfragrance.com APIs or otherwise. In addition, www.orkayfragrance.com may provide links to the third party websites of affiliated companies and certain other businesses for which, www.orkayfragrance.com assumes no responsibility for examining or evaluating the products and services offered by them, and www.orkayfragrance.com does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). www.orkayfragrance.com does not in any way endorse any third party website(s) or content thereof
Links : www.orkayfragrance.com welcomes links to this site. You may establish a hypertext link to www.orkayfragrance.com website, provided that the link does not state or imply any sponsorship or endorsement of your site by www.orkayfragrance.com. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on the www.orkayfragrance.com, including any logos or characters, without the express written consent of www.orkayfragrance.com and the owner of the mark or materials. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the www.orkayfragrance.com website without www.orkayfragrance.com’s prior written consent.
Payment Services : While availing any of the payment method/s offered at www.orkayfragrance.com, www.orkayfragrance.com will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
1. Lack of authorization for any transaction/s,
2. Or Exceeding the preset limit mutually agreed by you and between your “Bank/s”,
3. Or Any payment issues arising out of the transaction,
4. Or Decline of transaction for any other reason/s.
All payments made against the purchases/services on www.orkayfragrance.com by you shall be compulsorily in Indian Rupees acceptable by the Union of India. www.orkayfragrance.com does not accept any other form of currency with respect to the purchases made on www.orkayfragrance.com.
Breach : Without limiting other remedies, www.orkayfragrance.com may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the www.orkayfragrance.com website in the event, but not limited to:
If www.orkayfragrance.com is unable to verify or authenticate any information you provide; or
Fraudulent /Declined Transactions : www.orkayfragrance.com reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. www.orkayfragrance.com reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
Applicable Law : This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Vadodara.
Trademark, Copyright and Restriction : This site is controlled and operated by www.orkayfragrance.com. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on www.orkayfragrance.com web site owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
Risk of loss : All items purchased from www.orkayfragrance.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Product Description : www.orkayfragrance.com tries to be as accurate as possible. However, www.orkayfragrance.com does not warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by www.orkayfragrance.com itself is not as described, your sole remedy is to return it in unused condition.
Pricing/Typographical error : Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at the discretion of www.orkayfragrance.com.
Replacement : www.orkayfragrance.com offers you replacement of goods purchased on www.orkayfragrance.com. Which means that you can ask for replacement of the product/s subject to following terms and conditions:
1 You can ask for replacement of product/s in case of any defect found in the product and the same product/s will be shipped to you as a replacement for the defective product/s.
2 Replacement is offered for the product/s sold by www.orkayfragrance.com ONLY.
Apart from condition reserved herein above, the following products shall not be eligible for return or replacement if:
• Any product that exhibits physical damage to the box or to the product;
• Any product that is returned without all original packaging and accessories, including the retail box included with the product at the time of delivery;
• Any product without a valid, readable, un-tampered serial number, including but not limited to products with missing, damaged, altered, or otherwise unreadable serial number;
• Any product from which the UPC (Universal Product Code) has been removed from its original packaging.
Disclaimer: “Any decision on replacement on the product/s sold by www.orkayfragrance.com is at the sole discretion of www.orkayfragrance.com and decision of www.orkayfragrance.com shall be final and binding. www.orkayfragrance.com reserves the right to withdraw from replacement guarantee at any time without giving any intimation of whatsoever nature.”
Disclaimer : Due to continuous improvements in product quality, the actual item/product may occasionally differ from that illustrated or specified.Not responsible for any omissions, typographical errors of descriptions and/or prices.
Cancellation of order : www.orkayfragrance.com reserves the right to cancel any order without any explanation for doing so, under situation where www.orkayfragrance.com is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the www.orkayfragrance.com policy or for any other reason. However, www.orkayfragrance.com will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund will be made through the same online mode in 10-12 business days.
Cancellations by the Customer : In case we receive a cancellation notice and the order has not been shipped by us, we shall cancel the order and refund the entire amount. The orders that have already been shipped out by us will not be cancelled and you will have to check our return policy on those orders. The customer agrees not to dispute the decision made by www.orkayfragrance.com and accept www.orkayfragrance.com decision regarding the cancellation.
Limitation of Liability : In no event shall www.orkayfragrance.com be liable for any special, incidental, indirect or consequential damages of any kind in connection with this agreement; even in www.orkayfragrance.com has been informed in advance of the possibility of such damages.
Return should be requested within 24 hours of delivery