Terms & Conditions
Opoto.in, it’s website,
mobile application, sub-domains, it’s services are operated and owned by M/s MAS Associates, Hyderabad, Telangana here
referred to as “Opoto or Website or We
or Us”.
Users:
All users who visit, access, use the website, mobile
applications, affiliates, all sub-domains in any form:
Here referred to as “Users
or You or Your”.
PLEASE
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THIS OPOTO PLATFORM
IN ANY FORM.
IF YOU
ARE USING OPOTO, THESE TERMS ARE APPLICABLE AND YOU AGREE TO BE BOUND BY THESE
TERMS AND CONDITIONS OF USAGE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS,
PLEASE DO NOT USE THIS PLATFORM.
NATURE
AND APPLICABILITY OF TERMS
This
document is published in accordance with the provisions of Rule 3 of the
Information Technology (Intermediaries guidelines) 2011, that provides for the
due diligence to be exercised for the access or usage of this Website.
These
terms and conditions of usage apply to access and use of Opoto and its services
in any form. These terms of use constitutes a legal and binding contract
between You and Opoto.
By
accessing and/or availing any services of Opoto, you signify your agreement to
be bound by these Terms and Conditions. Further, by impliedly or expressly
accepting these Terms and Conditions, you also accept and agree to be bound by our
policies, including the Privacy Policy, disclaimers and such other rules,
guidelines, policies, as are relevant under the applicable law(s) in India for
the purposes of accessing, browsing or transacting on the Website, or availing
any of the Services, shall be deemed to be incorporated into, and considered as
part and parcel of these Terms and conditions.
Opoto
reserves the right at any time, at our sole discretion, to change or otherwise
modify the Terms and Conditions without prior notice. You should read the
Agreement at regular intervals. Your use of the Website following any such
modification constitutes your agreement to follow and be bound by the Agreement
so modified.
GENERAL
ELIGIBILITY TO USAGE OF SERVICES
·
Your
age should be 18 years and above;
·
All
the personal information and other details you submit to use Opoto services
should be correct and accurate;
·
All
the services by Opoto limited for the users exclusively for their personal
usage and not for any third party usage or commercial practices.
·
You
are not eligible to reuse or modify any content, images, logos including but
not limited to all copyright and trademark properties of Opoto unless you have
a permission from Opoto in written to reuse or modify;
·
You
are not eligible and not permitted to decompile, reverse engineer or
disassemble Opoto;
·
You
are not eligible and not permitted to access or use Opoto in any form which may
harmful to the Opoto’s, its partners’, affiliates’ Proprietary Software and
Operations;
·
You
are not eligible and not permitted to upload, submit, write, post, distribute
any software computer files which contain any virus or other harmful components
or otherwise impair or damage Opoto, its Partners and Affiliates;
·
You
expressly understand and agree that to access and/use the Services or
Information provided by Opoto on an “as is” and “as available” basis only. Opoto,
its partners, affiliates, agents, employees, and all other associates disclaim
all warranties of any kind, either express or implied, including but not
limited to, implied warranties on merchantability, fitness for a particular
purpose and non-infringement.
USAGE
TERMS OF REGISTERED USERS, SUBSCRIPTIONS AND OTHER SERVICES:
User Account, Registration and
Bookings
All users
have to register and login for placing orders on the website or app or through
call center. Users have to keep user account and registration details recent and
correct for all communications related to all purchases from us. By agreeing to
the terms and conditions, the user agrees to receive promotional communication
and newsletters upon registration. The customer can opt out either by
unsubscribing in "User Account" or by contacting the customer
service.
All
the Users can book the products through Website, Mobile App and through call
centre also.
Pricing
All
the products listed on the website will be sold at MRP unless otherwise
specified. The prices mentioned at the time of ordering will be remains same on
the date of the delivery. Although prices of most of the products do not
fluctuate on a daily basis but some of the commodities and fresh food prices do
change on a daily basis. In case the prices are higher or lower on the date of
delivery Opoto will not collect additional charges or refunded as the case may
be at the time of the delivery of the order.
SUBSCRIPTIONS:
To
serve & facilitate the USERS better, Opoto has designed annual subscriptions
with below benefits and with terms:
Dedicated Relationship
Manager: Opoto
will assuring the USERS “Dedicated Relationship Manager” support to through
selected subscription plans. With this facility the USERS can book the orders
over phone at their convenient time. The specified timings for booking the
orders through Dedicated Relationship Manager over phone during operating hours
only and the users should understand and respect the queues for the service.
Loyalty Cash Rewards: Opoto will assuring the USERS
“Loyalty Cash Rewards” scheme also through selected subscription plans which
can be redeemed through the orders during checkouts as per the terms and
conditions of the valid subscription plan. These rewards are exclusively for
the usage of the subscribed user on specified orders. These rewards cannot
transfer to any other users’ accounts or any other third party sites.
Delivery Charges Waiver: Opoto will also assuring the
USERS “Delivery Charges Waiver” scheme through selected subscription plans
which is strictly applicable for the subscribed users and for the orders worth
as specified in the subscription plan only.
Exclusive Special Discount
Offers: Opoto
will assuring the USERS “Exclusive Special Discount Offers” scheme other than
the regular discount schemes also through selected subscription plans which are
announced and published time to time and applicable for the decided period and
on available products during the scheme period.
BOOKING
& SHIPPING POLICY
Bookings:
Opoto
has arranged all necessary arrangements to exhibit the products range in
categories available for users to shop at their desired locations where Opoto
delivery available. All Opoto Users are eligible to book all products which are
in stock. All Opoto users are can also add all unavailable products or desired
to for future bookings to Wish List.
Minimum & Maximum Order
Value and Quantities of Products:
In
attempt to standardize the logistics system, Opoto allows minimum and maximum
order value (single order cart) for all orders as well minimum and maximum
quantities for few products. All Opoto users are eligible to book the orders
accordingly.
Shipping:
Opoto
is committed and has arranged all necessary arrangements to deliver the orders
at accepted locations/pin codes within 12-48 hours from the booking time for
all in-stock products with predefine delivery charges.
Common Delivery Timings: Opoto has arranged necessary
arrangements to deliver the orders between 7am & 10 am everyday for all
regular bookings and Opoto may accept deliveries during other than mentioned
timings on special requests / orders with extra delivery charges.
CANCELLATION
& REFUND POLICY
Cancellations:
All
Users can cancel their order anytime up to the cut-off time of the slot for
which users have placed an order by calling our customer service. In such a
case we will refund any payments already made by you for the order. If we
suspect any fraudulent transaction by any customer or any transaction which
defies the terms & conditions of using the website, we at our sole
discretion could cancel such orders. We will maintain a negative list of all
fraudulent transactions and customers and would deny access to them or cancel
any orders placed by them.
Return and Refund Policy:
All
our Users can return the any product at the time of delivery if due to some
reason they are not satisfied with the quality or freshness of the product.
For
all the cancelled and returned orders, we will process and arrange the refund
in the original mode of payment which will be credited within 7 – 10 working
days.
Under
no circumstances, cash will be refunded against any cancellation for which the
payments made in Digital Formats.
NOT FOR EMERGENCY USE
Users
acknowledge and agree that the Services are neither intended nor suitable for
urgent emergency use, and that you will not use it for emergency purposes.
DISCLAIMER OF WARRANTIES
To the
fullest extent permissible by law, OPOTO does not warrant that the Website or
any of the Services or Products available through it will be uninterrupted or
free from errors. There may be delays, omissions, interruptions and
inaccuracies in materials or Services available through the Website or that the
Services will meet any particular criteria of performance or quality.
OPOTO makes no representation or warranties about the accuracy, completeness,
timeliness, reliability or non-infringement of any content on the Website or
Services available through it.
Although OPOTO intends to take reasonable steps to prevent the introduction of
viruses, worms or other malicious code to the Website, OPOTO does not represent
or warrant that the Website, or Services, features or materials that may be
available through the Website, are free from such destructive features. OPOTO
is not liable for any damages or harm attributable to such features.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THIS WEBSITE AND THE SERVICES ARE
PROVIDED BY OPOTO ON AN "AS IS" AND "AS AVAILABLE" BASIS. OPOTO
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO
THE OPERATION OF THE WEBSITE, THE SERVICES OR THE INFORMATION, CONTENT,
MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. TO THE FULL EXTENT PERMISSIBLE
BY APPLICABLE LAW, OPOTO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR
NON-INFRINGEMENT WITHOUT LIMITING THE FOREGOING, OPOTO DISCLAIMS ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS WEBSITE.
USER ACKNOWLEDGE, BY USER’S USE OF THE OPOTO’ WEBSITE, THAT USER’S USE OF THE
WEBSITE IS AT USER’S SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT
WARRANTY OFFERED BY THE MANUFACTURER OF THE PRODUCT. THIS DISCLAIMER
CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.
PRODUCT INFORMATION ACCESSED THROUGH THIS WEBSITE IS OBTAINED FROM CLAIMS MADE
BY THE PRODUCT'S MANUFACTURER/SUPPLIER. AT TIMES, MANUFACTURERS/SUPPLIERS MAY
ALTER THEIR LABELS SO ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN
DIFFERENT INFORMATION THAN THAT SHOWN ON OPOTO WEBSITE, THUS OPOTO CANNOT
GUARANTEE OR ENSURE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRODUCT
INFORMATION. WE RECOMMEND THAT USER DO NOT SOLELY RELY ON THE INFORMATION
PRESENTED AND THAT USER ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS BEFORE
USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT,
PLEASE CONTACT THE MANUFACTURER/SUPPLIER. OPOTO ASSUMES NO LIABILITY FOR
INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS. CUSTOMER REVIEWS ARE PROVIDED FOR
INFORMATIONAL PURPOSES ONLY. CUSTOMER REVIEWS REFLECT THE INDIVIDUAL REVIEWER'S
RESULTS AND EXPERIENCES ONLY AND ARE NOT VERIFIED OR ENDORSED BY OPOTO.
LIMITATION OF LIABILITY AND
INDEMNITY
Nothing in these
Terms is intended to affect user’s rights under law. The use of the Website or
any of the Services or Products is at user’s own risk, and unless otherwise
stated in these Terms, user assumes full responsibility and risk of loss
resulting from user’s use of the Website or any of the Services or Products.
By using the Website, user agrees, to the fullest extent permitted by law, to
indemnify and hold OPOTO, its directors, officers, employees, affiliates, group
companies, agents, contractors, and licensors harmless with respect to any
claims arising out of user’s breach of these Terms, user’s use of the Website
or any of the Services, user’s non-compliance with applicable laws or
regulations in the jurisdiction in which users are accessing the Website or the
Services, or any action taken by OPOTO as part of its investigation of a
suspected violation of these Terms or as a result of its finding or decision
that a violation of these Terms has occurred. User agrees to defend, indemnify
and hold harmless OPOTO and its affiliates and group companies from and against
any and all claims, damages, costs and expenses, including attorneys' fees,
arising from or related to user’s use of the Website or any breach by user of
these Terms.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT,
CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL OPOTO OR ANY OF ITS AFFILIATES,
GROUP COMPANIES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS
BE LIABLE TO USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK
STOPPAGE, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR
MALFUNCTION, EVEN IF AN AUTHORISED REPRESENTATIVE OF OPOTO HAS BEEN ADVISED OF
OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN
CONNECTION WITH (I) THE USE OF OR INABILITY TO USE THE OPOTO WEBSITE www.opotoo.in;
(II) USER’S USE OF OR RELIANCE ON THE WEBSITE, ANY INFORMATION, HYPERLINKS OR
CONTENT CONTAINED THEREIN, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE
TO USERTHROUGH THIS WEBSITE; (III) USER’S PROVISION OF INFORMATION, PERSONAL OR
OTHERWISE, TO OPOTO; (IV) THE PROVISION OF SERVICES BY OPOTO; OR (V) ACTS OR
NEGLIGENCE ON THE PART OF OPOTO. IN NO EVENT WILL OPOTO BE LIABLE FOR ANY
LOSSES, DAMAGES OR EXPENSES IN EXCESS OF THE AMOUNT PAID BY USER TOWARDS THE
PRICE OF THE PRODUCT IN RESPECT TO WHICH THE CLAIM AROSE. USER HEREBY RELEASES
US FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS
LIMITATION.
Governing Law; Dispute
Resolution:
This
Agreement shall be governed by, and construed in accordance with the laws of
India, without regard to the principles of conflict of laws of any other
jurisdiction. The courts of Hyderabad, India shall have the exclusive
jurisdiction, for remedies available at law to such party.
Declaration:
This
is to confirm that we have understood the contents of Opoto’s Terms and
Conditions for USERS and the same has been explained and understood by I/us. We
agree and undertake that in performance of my/our obligations under this
agreement with Opoto, I/we shall including but not limited to our relatives,
friends, employees, agents, consultants or representatives, etc., shall be
required to adhere to the requirements of this acknowledgement.
GRIEVANCE OFFICER
In case of any queries or assistance regarding the Terms & Conditions of Usage you can contact our grievance officer. Provided below is the name and contact details of the Grievance Office:
Santosh Pothamshetty,
Opoto.in (M/s MAS Associates)
# 202, Suraj Mansion, Lane Opposite to Lal Bunglow,
Leelanagar, Ameerpet,
Hyderabad, Telangana
Pin -500016.
Email: support@Opoto.in
Phone: +91 9618114770,
Time: Mon - Sat (9:00 - 18:00)