TERMS OF USE
These terms and conditions of use (“Terms of Use”) 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.
The domain name www.sipdirect.com , including any subdomains thereof, and any other websites through which its services are made available or mobile, tablet and other smart device applications, if any or application program interfaces etc. (hereinafter referred to as “Digital Platform”) is owned by Ontap Direct Private Limited (hereinafter referred to as “Company” or “Ontap” or “We”, which expression shall, unless it be repugnant to the context or meaning thereof, mean and include its successors, administrators, and permitted assignees), a company incorporated under Companies Act, 2013 having its registered office at 23, Upper Ground Floor Sant Nagar, East of Kailash New Delhi, South Delhi DL 110065.
Ontap owns and operates the Digital Platform by the brand name of “Sip Direct” which provides a platform that facilitates the sale of food and beverage as well as products and services associated with it that are displayed and showcased on the Digital Platform (“Products”). The Products may be sold through a third-party seller duly registered on the Digital Platform (“Seller”).
Digital Platform enables You to browse through the aforementioned Products and provide You with access to a variety of services, including but not limited to Digital Platform and all the products and services available through our Digital Platform (hereinafter collectively referred to as “Services”;).
Please read the following terms and conditions carefully before viewing, browsing, downloading, registering, accessing or using our Digital Platform. By accessing, registering on or using the Digital Platform or by using the Services provided by Ontap, You agree to be bound by the terms and conditions set forth below including any additional guidelines and future modifications thereto. If, at any point of time, You do not agree to these terms and conditions or do not wish to be bound by any of these terms and conditions, You shall inform Ontap regarding the same and may not access or use the Digital Platform and terminate this Agreement, in terms hereof.
For the purpose of these Terms of Use, you the end user is referred to as“User” or “You” shall mean any natural or legal person who has agreed to access the Digital Platform and providing its personal data while using and registering on the Digital Platform using the computer systems.
ACCESSING, BROWSING OR OTHERWISE USING THE DIGITAL PLATFORM INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. IF YOU DO NOT ACCEPT THE TERMS OF USE STATED HEREIN, DO NOT USE THE DIGITAL PLATFORM AND ITS SERVICES.
By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Ontap’s Policies (including but not limited to Privacy Policy available on the Digital Platform under Privacy Policy) as amended from time to time. Such Privacy Policy shall form a part of Terms of Use. Further, any additional terms and conditions, disclaimers, privacy policies and other policies applicable to general and specific areas of this Digital Platform or to particular content are also considered as Terms of Use. In the event of any inconsistency between the provisions under the Terms of Use and the Privacy Policy of Ontap, the provisions under the Terms of Use shall prevail to the extent of such inconsistency. You should visit this page periodically to review the terms of use, because they are binding on You.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time and the same shall be informed to you through the Digital Platform or email on the email address provided by You to Ontap or any other mode as Ontap may deem fit. Your continued use of the Digital Platform following the posting of changes shall mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, Ontap shall grant You a personal, non-exclusive, non- transferable, limited privilege to enter and use the Digital Platform.
ELIGIBILITY OF USE
You shall be entitled to use the Digital Platform (other than Special Products category) if
(a) You are atleast 18 (eighteen) years of age; or
(b) in case You are not 18 (eighteen) years of age then You have a parent's or guardian's consent/permission before accessing the Site or any portion thereof; and
(c) You have not been previously suspended or prohibited from accessing the Digital Platform or otherwise availing the Services through the Digital Platform. By visiting and using the Digital Platform or accepting these Terms of Use, You represent and warrant to Ontap that You are
(i) of atleast 18 (eighteen) years of age or have a parent’s or guardian’s consent to access and use the Digital Platform; and
(ii) of sound mind. You also represent and warrant to Ontap that You will use the Digital Platform in a manner consistent with any and all applicable laws and regulations.
MODE OF USING THE DIGITAL PLATFORM
You may use the Digital Platform in the following capacities:
(a) A User shall be entitled to access browse and visit the Digital Platform without expressly providing any personal information about it.
(b) For the purpose of availing all the Services offered by the Digital Platform, a User shall have the option to become a registered user on the Digital Platform by way of creating an account on the Digital Platform (“Registered Customer”). For the purpose of creating an account on the Digital Platform, a User shall be required to provide certain personal information including but not limited to contact number, address, email address, identification proof, address, age (“Personal Information”).
(c) For the purpose of availing all the Services offered by the Digital Platform and placing an Order on the Digital Platform, a User shall have the option to place such Order without becoming a Registered Customer and by providing its Personal Information at the time of placing such Order. Such User shall hereinafter be referred to as “Guest”. Please note that Ontap or Digital Platform shall not be obligated to store any Personal Information furnished by a Guest at the time of placing an Order and in the event a Guest chooses to place another Order, it shall be required to complete the process of placing an Order, as if such Guest has never placed an Order on the Digital Platform.
Registered Customer and Guest shall hereinafter be collectively referred to as “Purchaser”
You shall be solely responsible for maintaining the confidentiality of any information related to verification for the purpose of using Digital Platform provided by You including any one-time password. You agree that if You provide any information that is inaccurate, false or incomplete or if Ontap has sufficient reasonable evidence or grounds to suspect that such information is inaccurate, false or incomplete or not in accordance with this Terms of Use, Ontap shall have the right to indefinitely suspend or terminate or block access of the Digital Platform.
SPECIFICATIONS AND USE OF DIGITAL PLATFORM
The Digital Platform provides an online portal for purpose of facilitating the sale of Products by the Seller by way of showcasing such Products on the Digital Platform and enabling You to browse through the aforementioned Products showcased and purchase the same from a Seller. The Digital Platform connects a Purchaser directly with a Seller based on such Purchaser’s Product requirement as well as its geographical location.
It is hereby expressly clarified that Ontap or the Digital Platform is not an agency, agent or contractor of either Purchaser or Seller, in case Seller is a third-party other than Ontap. Ontap does not share any employer- employee relationship or any other relationship of like nature with either the Purchaser or such third-party Seller, as the case maybe. Ontap and/or Digital Platform are facilitators which aim at bridging the gap and connecting Purchaser and the Seller through the Digital Platform. The actual service/products provided by the Seller to the Purchaser shall be outside the purview of Ontap’s relationship with Seller and/or the Purchaser. Ontap shall not be liable or responsible for any the preferences or decisions made by a Purchaser pertaining to the Products.
It is expressly clarified that the “Law of Privity of Contract” shall not apply to any such relationships with Ontap and accordingly, Ontap does not assume and/or claim any liability in respect of the Seller and thus, cannot be held vicariously liable by a Purchaser for any price disparity, inconsistent quality of Product, sale of expired or tampered or unsealed Product. Ontap shall not be party to any legal proceedings between parties contracted through the Digital Platform. In case Ontap is sought to be implicated in any legal proceedings, costs will be recovered from the party that names Ontap as a party to such proceedings.
Ontap does not provide any Product warranty with respect to the quality, merchantability, value of a Product. Product warranty shall be regulated by terms and conditions mentioned on the warranty card or any other details of like nature mentioned on such Product. However, in case on any discrepancy or inconsistency with respect to quality of a Product, a Purchaser may contact the customer care team of Ontap which shall facilitate the process of claiming Product warranty from the relevant third-party including but not limited to manufacturer of the Product.
The information available on the Digital Platform including but not limited to information regarding Products, information related to a particular Seller, information provided by a Registered Customer at the time of registration and any information provided by a Guest at the time of placing an Order (“Digital Platform Content”) is made available solely for the purpose of rendering Services. The Digital Platform Content shall be the sole and exclusive property of Ontap and Ontap is entitled to use the said Digital Platform Content in any manner it deems fit and proper.
A User shall be entitled to browse through the Products available on the Digital Platform and place an order on the Digital Platform (“Order”). It is hereby clarified that a Seller may in its sole discretion either accept or reject an Order placed on the Digital Platform, Ontap shall not be held liable for any non-acceptance of Order, delivery of incomplete Order or incorrect Products.
Delivery of an Order shall be undertaken or facilitated by Ontap agent or Seller or any third-party delivery service utilized by Ontap or Seller. A Delivery Executive shall be an agent or representative of Ontap or an on-boarded seller. Ontap shall not be responsible or held liable for any actions or omissions of Delivery Executive.
A sale of Product through the Digital Platform shall be deemed to be completed upon acceptance of delivery of Products by a Purchaser and payment of Order Consideration (as defined below).
It is hereby clarified that the price of a Product displayed on the Digital Platform visible at the time of browsing the Digital Platform is only indicative in nature and that actual price of a Product shall be reflected on the Digital Platform at the time of placing an order. The price of each Product is determined by its respective Seller and Ontap is not responsible or involved in determination of price of Products. Further, a Purchaser shall be liable pay a delivery fee/ facilitation fee for the use of the Digital Platform and/or delivery of Products determined at the time of placing the Order(“Convenience Fee”). The price of all the Products in the Order along with Convenience Fee shall hereinafter be collectively regarded as “Order Consideration”
A Purchaser shall have the option to pay the Order Consideration either at the time of placing the Order through the Digital Platform (“Pre-paid order”) or at the time of delivery of such Products(“Post-paid Order”). In case of a Pre-paid Order, the Digital Platform will facilitate such payment through secured, third-party payment gateway. A Purchaser agrees to provide correct and accurate information with respect to its credit/debit card, or pre-paid instrument account or UPI or net banking or any other information of like nature to allow the Digital Platform or the payment gateway to execute the transaction for payment of Order Consideration in a safe, secure and valid manner.
Your right to access the Digital Platform and Services is subject to your compliance with these Terms of Use and Privacy Policy. By using the Digital Platform and/or Services, You agree to the following:
(a) You will use Services and Digital Platform Content for your sole, personal use and You shall not resell or copy the Services or the Digital Platform Content to any third-party or use it for any commercial purposes;
(b) You shall not assign or transfer your account on the Digital Platform to any other person;
(c) You agree that You shall not use the Services or Digital Platform Content for any unlawful, illegal or fraudulent purposes;
(d) You shall not induce or influence or attempt to induce or influence any other User of the Digital Platform to cease the use of Digital Platform or direct his or its use to some other platform, website, or application.
(e) You shall keep your Digital Platform account details and password secure and confidential;
(f) You agree to comply and abide by the terms and conditions of any existing and future virtual or digital stores or marketplaces including any website, mobile application/ mobile website and/or any other virtual platform where Digital Platform may be uploaded, hosted, published, as per the discretion of Ontap (“Digital Application Store”);
(g) You agree to duly make payment for the Products purchased by You. You understand and acknowledge that in case of both, Pre-paid Orders as well as Post-paid Orders, delivery or handover of Products shall only be undertaken after receipt of Order Consideration by Ontap or any other person authorized by Ontap or Seller to collect such Order Consideration from You.
(h) You agree to be in compliance with all applicable laws.
(i) You understand and acknowledge that You have no ownership rights in your account and if you cancel your account, all your account information from the Digital Platform will be marked as deleted. You further understand and acknowledge, upon the termination of account, the Ontap shall have no obligation or responsibility to return your account information, and You agree and undertake not to have / make any claims for such account information.
(j) You agree not to use or cause any other person to use any "API", "deep-link", "page-scrape", "robot", "spider" or another automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Digital Platform or any Digital Platform Content, or in any way reproduce or circumvent the navigational structure or presentation of the Digital Platform or any Digital Platform Content including catalogue, text, images, to obtain or attempt to obtain any documents or information through any means which is purposely not made available through the Digital Platform;
(k) You shall not attempt to gain or cause any other person to attempt to gain unauthorized access to any portion or feature of the Digital Platform, or any other systems or networks connected to the Digital Platform or to any server, computer, network, or to any of the Services offered on or through the Digital Platform, by hacking, “password mining” or any other illegitimate means;
(l) You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Digital Platform or any transaction or engagement being conducted on the Digital Platform, or with any other person's use of the Digital Platform; You will be liable for any liability of any nature arising out of breach of any of the aforementioned covenants by You and Ontap shall not be liable for the same and Ontap shall have all the rights to take necessary actions and/or claim indemnity from You for any loss that may occur due to your involvement or participation in any way on your own or through or collectively with any other person, intentionally or unintentionally in unauthorized DoS (Denial of Service)/DDoS (Distributed Denial of Services), hacking pen-testing attempts without Ontap’s prior consent. Further, You agree to immediately notify Ontap of any unauthorized use of your Account, and passwords
CANCELLATION AND REFUND POLICY
Upon acceptance and confirmation of an order by a Seller, You shall not be allowed to cancel your order after such Order has been packaged by the Seller for delivery. In the event of cancellation of an Order in the aforementioned manner, You shall be entitled to get refund of the Order Consideration. All refunds initiated by Sip shall be refunded to the financial source account from which Users have initiated the transaction on the Platform within 7 business days. Additionally, if the customer paid cash on delivery, they will have the choice of receiving their refund via UPI payment or bank account transfer.
RETURN POLICY
As a general principal, a Purchaser shall not be allowed to return the Products and get refund of the Order Consideration unless such Products are damaged or tampered with. In the event a Purchase fails to accept the delivery of an Order for any reason other than damaged or tampered Products, then such Order shall be deemed cancelled and the Purchaser shall not be entitled to receive a refund of the Order Consideration.
SHIPPING POLICY/DELIVERY POLICY
Ontap neither makes any representation or warranty as to specifics (such as quality, value, salability, etc.) of the products proposed to be sold or offered to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products on the Platform. Ontap accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Before handing over the Products to the customer, the Delivery Partner may validate the customer’s identity through an OTP. The onus of identity and age verification lies with the Delivery Partner through the validation of the OTP. The Delivery Partner may refuse delivery if the recipient appears to be below the legal drinking age of the state of operation.
For the pickup and delivery services and completing the tasks, Ontap will partner with select Merchants and may charge the users of the Application, a service fee (inclusive of applicable taxes whenever not expressly mentioned) determined on the basis of various factors including but not limited to distance covered, time taken, demand for delivery services/tasks, real-time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time.
COLLECTION OF INFORMATION
Ontap collects information from everyone who uses our Digital Platform: We use technologies like session and persistent cookies, web beacons (tiny image files on web pages that communicate information about the page viewer to the beacon owner), log data, and third-party analytics services to collect and analyze information about all users of our Services. This includes things like user search preferences, interaction with advertisements on our Digital Platform, and location. Our servers automatically record information (“Log Data”) created by your use of the Digital Platform. Log Data may include information such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device, search terms, and cookie information. We receive Log Data when you interact with our Digital Platform. We use Log Data to provide our Services and to measure, customize, and improve them, as well as collect and use them in the aggregate. This, Terms of Use does not apply to, nor do we take any responsibility for any information that is collected by any third party either using the Services or through any links on the Digital Platform or through any of the third-party advertisements. Cookies are small data files that we transfer to your computer. We use cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to cater it to customer needs.
Overall, cookies help us provide You with a better Digital Platform, by enabling us to monitor which pages You find useful and which You do not. A cookie in no way gives us access to your computer or any information about You, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but You can usually modify your browser setting to decline cookies, if you prefer. This may prevent you from taking full advantage of the Digital Platform.
If a Purchaser provides location information including but not limited to pincode, landmarks, city during the registration process or at any other time via your account settings on the Digital Platform, we will store that information and associate it with your account. We may use and store information about your location to provide a better user experience, to analyze our Digital Platform or Services with the help of third-party analytics services, to provide you with relevant advertising and marketing recommendations, and otherwise to improve and customize our Digital Platform or Services.
A User is not obliged to register and shall have the option to deactivate its registration at any time, by contacting Ontap’s customer care team, however, access to complete Services and Digital Platform Content is available only to a Purchaser. In case a Registered Customer requests Ontap to reactivate its deactivated account, Ontap shall have the right but not the obligation to fulfil such request.
A Registered Customer shall, at the time of registration or a Guest at the time of placing an Order on the Digital Platform, furnish Personal Information wherein such Personal Information shall be treated in the manner specified in Privacy Policy. A Purchaser may contact Ontap on the details provided under the ‘Contact Us’ portion of the Digital Platform in case any assistance is required at the time of registration.
A Purchaser providing the information shall ensure that such information furnished by it to Ontap or on the Digital Platform is accurate and valid. Ontap shall have no obligation to ensure the correctness or validity of such information. You understand and agree and provide your consent that Ontap may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. Subject to the Terms of Use herein, Ontap will not disclose to any third party your Personal Information without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. However, You agree and acknowledge that Ontap shall have the right to provide to Delivery Executive, Seller or any other third-party, the Personal Information provided by You for the purpose of successfully rendering the Services. Ontap shall not be liable for any claims, liability (direct / indirect) or damages in this regard, should such an eventuality arise as a result of Ontap sharing the information provided by You to aforementioned person. Further, You understand that as a User of the Digital Platform and the Services, Ontap may from time to time ask You to provide certain text, audio or visual testimonials pertaining to the Services rendered by Ontap. In the event You choose to provide such testimonials You agree and accept and hereby consent Ontap to display such testimonials on the Digital Platform or use such testimonials, subject to Terms of Use herein, in any manner as Ontap may deem fit. It is further clarified that the aforementioned testimonials contain views, language and opinions of the person providing such testimonials, Ontap does not endorse any such views, language and/or opinions.
You hereby provide your explicit consent to Ontap to use any information provided by You including Personal Information for the purpose of gathering market intelligence including but not limited to customer survey, analysis of customer data, customer data, marketing press releases, etc. Ontap reserves the right to offer, at its sole discretion as it may deem fit, third-party services and products to You based on the preferences that You identify at the time of your registration and at any time thereafter; such offers may be made by Ontap or by third parties. You agree and acknowledge that Ontap may use your contact information to provide or update You regarding promotion events, new offers, renewal reminders, payment reminders, feedback, opinion etc and the same shall not be treated as “spam” or unwarranted “marketing” calls. Please see the Ontap’s Privacy Policy for further details regarding Your information.
DIGITAL PLATFORM CONTENT AND ITS USE
The information forming part of Digital Platform Content is provided by the concerned parties and Ontap does not furnish any representation or accuracy of the data on the Digital Platform. It is hereby clarified that Ontap shall be the sole owner of the Digital Platform Content. Digital Platform Content is provided by users such as yourself as well as Seller and we do not filter or verify the same. If a complaint is made, Ontap shall take remedial measures as deemed appropriate by it. You hereby consent, expresses and agrees that you have read and fully understood the Privacy Policy (as provided on the Digital Platform), and any other documents, instructions, etc. included on the Digital Platform which shall be a part of these Terms of Use. You further consent that the terms and contents of such Privacy Policy are acceptable to You. By furnishing personal information to Ontap or by using the Digital Platform, You consent to use of such information by Ontap as it may deem fit and agree.
Any reference to a Service which has been or may be provided by Ontap or any other party on the Digital Platform does not amount to a promise that such Service shall be available at any time. Changes to or improvements in such Services may be made at any time without any special notice to the User.
In case You identify any error, issue or discrepancy in the Digital Platform Content, You may bring the same to Ontap’s knowledge by emailing Ontap on the email address provided in Clause 21 of Part A of Terms of Use.
Ontap shall not be liable for any damages of any kind arising out of or relating to the use or the inability to use its Digital Platform, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including force majeure, and whether or not, such organizations or entities were intimated or advised of the possibility of such damages. You agree to defend, indemnify, and hold harmless, Ontap and/ or its associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of any material or your breach of these terms and conditions or any applicable law.
FORCE MAJEURE
Ontap shall not be responsible or liable for or deemed to be in breach under these Terms of Use because of any delay or failure in the performance of its obligations hereunder which results from circumstances beyond the reasonable control of the Parties including but not limited to power-cuts, unavailability of server or internet, earthquakes, floods, storms, acts of terrorism, war (whether declared or undeclared), invasion, civil unrest pandemics, epidemics, lockdowns, imposed by government or any other statutory bodies, change in laws applicable to Ontap, acts of god, governmental actions or regulations rendering curtailment, equipment breakdown or by reason of any other similar or dissimilar causes beyond the reasonable control of the Parties (“Force Majeure Event”).
SPECIAL PRODUCTS
The Products showcased, displayed on and sold through the Digital Platform shall include beverage alcohol (“Special Product”). Sale of Specified Product through Digital Platform shall be undertaken by such Seller which has the relevant licenses to undertake such sale under the laws applicable to the Seller (“Retail Partner”).
Terms specified under this Clause 8 shall be applicable on a User who accesses, visits and use Special Product category on Digital Platform showcasing and displaying Special Products. The terms under this Clause 8 shall be in addition and supplemental to other terms this Term of Use and in case of any inconsistency between terms of this Clause 4 and other terms of Terms of Use, the terms under this Clause 8 shall prevail.
For the purpose of accessing and using Special Products category on Digital Platform and availing Services related to Special Products, You must be atleast of legal drinking age in your state of domicile under the laws applicable to you from time to time. You shall be, at the time using Digital Platform related to Special Products, asked to provide a self-declaration representing, warranting and undertaking that You are of atleast legal drinking age under the laws applicable to you. You further represent and warrant that your use of the Digital Platform shall be in compliance with all laws applicable to you including but not limited excise laws.
At the time of placing an Order, a Purchaser shall have the option to either pick-up the order from the Retail Partner’s licensed premise specified on the Digital Platform or have it delivered at a delivery destination specified by the Registered Customer within certain limits.
A Purchaser accepts and agree that Special Products shall be delivered or handed over only to a Registered Customer upon successful verification of identification proof provided at the time of placing an Order. A Purchaser shall have the option to appoint a nominee for accepting the Special Products at the time of placing an Order (“Registered Nominee”). It shall be mandatory to furnish an identification proof of the Registered Nominee on the Digital Platform. Any and all provisions contained herein, which are applicable to a Purchaser shall mutatis-mutandis apply to the Registered Nominee.
In the event a Purchaser or a Registered Nominee are not available to accept the Products, the Products shall not be delivered or handed over to a third-party and the Order shall be deemed to be cancelled and Purchaser may be charged a cancellation fee in the manner specified under Clause 4 of Part A as per the sole discretion of Ontap. In case of the aforementioned, Ontap shall not be held liable for any unfulfilled Order
Purchaser agrees and accepts to not provide the address of any public place including but not limited to educational institution, hospital, religious places as delivery address for the Order containing Special Products. If the delivery address is found to be the address of a public place, Ontap and/or Retail Partner reserves the right to immediately cancel such Order and forfeit the Order Consideration in the manner specified under Clause 4, as per the sole discretion of Ontap.
RETENTION OF INFORMATION
We collect information as and when you use the Digital Platform. What we collect, why we collect it, and how you can manage your information are described in our Privacy Policy. The User gives express consent to retention of data furnished by it to Ontap and use it as it may deem fit to provide the Services in an effective and efficient manner including transfer of such data to any third-party.
TERMINATION
Ontap may, without notice in its sole discretion, and at any time, terminate, suspend or restrict your use or access to the Digital Platform (or any part thereof) for any reason, including, without limitation, that Ontap based on its judgement and perception believes you have violated or acted inconsistently with the letter or spirit of these Terms of Use or any applicable law.
THIRD-PARTY WEBSITE
Digital Platform may contain links to other websites or mobile applications owned and operated by third parties who are not related to Ontap (“Third-Party Website”). Third-Party Websites are not under the control of Ontap. Consequently, Ontap or the Digital Platform shall not be responsible for act of Third-Party Websites.
It is hereby clarified that Ontap makes no representations as to the quality, suitability, functionality or legality of Third-Party Websites. You acknowledge that when You access a link that leaves the Digital Platform, the site you will enter into is not controlled by Ontap and different terms of use and privacy policies may apply. By accessing links to other sites, You acknowledge that Ontap is not responsible for those sites. Ontap reserves the right to disable links from third-party sites to the Platform, although it is under no obligation to do so.
All matters concerning any goods and/or services that You purchase from a Third-Party Website, including without limitation all contract terms, are solely between You and the owner of that site and You agree not to hold Ontap responsible or liable for any costs or damages to You or any third party arising directly or indirectly out of the purchase/availing by You of goods and/or services from any Third-Party Website and/or mobile application.
INTELLECTUAL PROPERTY RIGHTS
All content included on our Digital Platform or Services or Digital Platform Content and/or Log Data, such as text, graphics, logos, button icons, images, clips, digital downloads, data compilations, and software, is the property of Ontap and its content suppliers/licensors and protected by copyright laws. All software used on this Digital Platform is the property of Ontap. All other trademarks not owned by Ontap that appear on Digital Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Ontap or its affiliates.
Ontap is committed to remove any infringing products from its Digital Platform, if so found. We understand that it is in Ontap’s interest to ensure that infringing products are removed from its Digital Platform.
If you are a verified rights owner and want to report an infringement issue, you may report at support@sipdirect.com .
You must preserve all copyright, trademarks, service mark and other proprietary notices contained in the Digital Platform Content on any authorized copy you make of Digital Platform Content and/or Digital Platform. You may not sell or modify the Digital Platform Content or reproduce, display, publicly perform, distribute, or otherwise use the Digital Platform Content in any way for any public or commercial purpose, in connection with products or services that are not those of Ontap, in any other manner that is likely to cause confusion among consumers or that otherwise infringes the Ontap's intellectual property rights.
INDEMNITY
You hereby agree to indemnify, defend and hold harmless Ontap and all persons claiming under Ontap (“Indemnified Persons”) from and against any and all losses, claims, demands, liabilities, charges, penalties, fines, damages, costs or expenses, including reasonable legal fees and expert witness fees, resulting from your breach of any of the provisions mentioned in these Terms of Use, representations or warranties, and/or infringement by you of materials, intellectual property and information furnished by it, including any claims against you alleging misuse or unauthorized usage of the information and/or available on and/or from your use of the Digital Platform itself.
USER REPRESENTATION AND WARRANTIES
You agree that Ontap shall not be held responsible, in any manner whatsoever, for any information or liability arising out of any information posted/displayed on the Digital Platform and/or any use /access of the same by any third-party and is under no obligation to disable or otherwise restrict such use/access.
You shall solely be responsible for the information or any liability arising from any information that You provide transmit, store or upload on the Digital Platform or when making use of the Digital Platform. You are solely responsible for the information furnished by it and assume all risks associated with use of your information, including any reliance on its accuracy, completeness or usefulness by others. Ontap does not make any guarantee regarding the accuracy, currency, suitability or quality of any information and we assume no responsibility for the same. All the information You provide to Ontap is only about yourself, or the account-holder entity or that you are allowed to possess under the applicable law and that all of such information is accurate, true, current, and complete and that Your use of the Service will always comply with these Terms of Use. You will remain responsible for all uses of your account, safeguard your password, and supervise the use of your account.
The information posted, uploaded, published, submitted or transmitted by You on or through the Digital Platform shall not be of defamatory, obscene, pornographic or paedophilic in nature or invade the right to privacy of another person. The information shall not be harmful to the minors, impersonate another person, contain software virus or threatens the unity, integrity, defence, 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 foreign states.
Delivery timeframe
DISCLAIMERS
You understand and agree that Ontap is merely providing a platform which enables You to browse through the Products showcased on the Digital Platform and purchase the same from a duly registered Seller. You understand that by registering or providing information/or and accessing Services directly or indirectly from the Digital Platform, you receive the ability to use the Digital Platform and to access to Digital Platform Content including but not limited to details of Sellers. You further acknowledge and agree that You are not acting upon the advice or direction of Ontap or any of its subsidiaries, affiliates, officers, directors, employees, agents. Ontap is not advising or guiding You on your engagements or your transactions on the Digital Platforms. We do not verify legality of your transactions and shall not be held liable for the same.
You also acknowledge and agree that at all times, it is your responsibility to be familiar with, to abide by and to comply with all relevant laws, rules and regulations that may apply to You and your relationship with any other user of the Digital Platform including but not limited to employment and labour laws.
Ontap expressly disclaims all such warranties that are not expressly furnished by it under these Terms of Use. The entire risk as to the quality and timelines of the information, and all Services provided by Ontap is borne exclusively by You. Ontap uses public data and information provided to us by third parties in order to compile its Services. As such, Ontap relies on providers of this information for its accuracy and correctness. Ontap makes no warranty that the Service or our content on the Digital Platform will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor does Ontap make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Digital Platform.
We only make available the Digital Platform Content on an ‘as is’ basis, as provided by other users of the Digital Platform. Nothing contained herein shall be deemed to construe as the advice, views, opinions or beliefs of Ontap or endorsement of any person by Ontap, and Ontap makes no claim of accuracy of any user posted material. A User shall be solely responsible for any data or information provided by him/her and any liability arising in respect thereof including against Ontap. Further, it shall be the sole responsibility of a User to ensure compliance with all laws or regulations applicable to it and the information furnished by it.
LIMITATION OF LIABILITY
Ontap shall not be liable for any damages of any kind arising out of or relating to the use or the inability to use Digital Platform, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including force majeure, and whether or not, such organizations or entities were intimated or advised of the possibility of such damages.
Ontap assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to or alteration of User's data/information. Ontap shall not be responsible for any problem or technical malfunction, on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problem or traffic congestion on the internet or at any website or combination thereof, including injury or damage to any User or to any other person's computer related to or resulting from participating or downloading materials/information from the Digital Platform.
Ontap shall not be liable on account of any inaccuracy of information on Digital Platform. Any breach of privacy or of the information provided by the User to Ontap to be placed on the Digital Platform by technical or any other means is not the responsibility of Ontap and Ontap does not guarantee confidentiality of information provided to it by any person acquiring/using all/any information displayed on the Digital Platform or any of its other websites / domains, if any, owned and operated by Ontap.
No advice or information, whether oral or written, obtained by You from Ontap or through or from the Digital Platform, software or code shall create any warranty not expressly stated in the Terms of Use.
ONTAP SHALL NOT BE LIABLE FOR ANY DAMAGES/THEFT AND/OR CRIMINAL ACTIVITY WHICH IS DEEMED AS AN OFFENCE UNDER ANY APPLICABLE LAWS OF INDIA AND/OR OUTSIDE INDIAN TERRITORY DONE BY A SELLER AND/OR A PURCHASER. THE PERSON DOING SUCH CRIMINAL ACTIVITY SHALL BE WHOLLY AND SOLELY RESPONSIBLE FOR SUCH CONDUCT. NEITHER THE COMPLAINANT NOR THE ALLEGED OFFENDER SHALL HOLD ONTAP RESPONSIBLE FOR THE SAME. A USER HAS AN OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS WITH RESPECT TO PURCHASE OF PRODUCTS. ONATP OR ITS AFFILIATES SHALL HAVE ABSOLUTELY NO LIABILITY AND/OR RESPONSIBILITY TOWARDS A USER IN CASE OF SUCH CIRCUMSTANCES. NO CIVIL OR CRIMINAL LIABILITY SHALL ARISE AGAINST ONTAP OR ITS AFFILIATES. ONTAP SHALL NEITHER BE A PARTY TO ANY JUDICIAL PROCEEDING ARISING OUT OF ANY TRANSACTION FOR SALE AND PURCHASE OF PRODUCTS BETWEEN SELLER AND PURCHASER NOR THE PARTIES TO SUCH JUDICIAL PROCEEDING HAVE ANY RIGHT TO CLAIM ANY DAMAGES, COSTS, EXPENSES, OUSTANDING DUES FROM ONTAP.
ELECTRONIC COMMUNICATION
Visiting the Digital Platform, sending emails to Ontap, constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Digital Platform or any other electronic mode that Ontap may deem fit, satisfy any legal requirement that such communications be in writing.
PRIVACY
Your use of Digital Platform is subject to Ontap’s Privacy Policy. Privacy Policy to show and/or print a copy of this Privacy Policy, which forms part of these Terms of Use. By accepting these Terms, you shall also be deemed to have accepted the terms of the Privacy Policy.
FRAUDULENT TRANSACTIONS
We reserve the right to recover the costs and lawyers’ fees from persons using the Digital Platform fraudulently including but not limited to copying, selling, distributing, transferring the Digital Platform Content. Ontap reserves the right to initiate legal proceedings against such User or any other person for fraudulent use of the Digital Platform.
JURISDICTION AND DISPUTE RESOLUTION
These Terms of Use and any dispute or claim arising out of or in connection with it or its subject matter, existence, negotiation, validity, termination or enforceability (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of India. Courts in [New Delhi] shall have exclusive jurisdiction in determination of all disputes.
GRIEVANCE REDRESSAL
We reserve the right to recover the costs and lawyers’ fees from persons using the Digital Platform fraudulently including but not limited to copying, selling, distributing, transferring the Digital Platform Content. Ontap reserves the right to initiate legal proceedings against such User or any other person for fraudulent use of the Digital Platform.
In the event of any grievance against the policies or usage of the Digital Platform, You may contact the Grievance Officer as mentioned hereunder through a formal email stating your grievance. The Grievance Officer shall on behalf of Ontap subject to the Terms of Use, Privacy Policy and other applicable laws, redress such grievance within 1 (one) month from the date of receipt of the grievance by Ontap.
In accordance with the Information and Technology Act, 2000 and the rules made thereunder, the name and contact details of the Grievance Officer are provided below: Name :Anamika Gupta Address : 23, Upper Ground Floor Sant Nagar, East of Kailash New Delhi, South Delhi DL 110065 Email : support@sipdirect.com Contact :+91- 8688428715
AFFIRMATION OF AGREEMENT
You hereby acknowledge and affirm that you have read entire Terms of Use along with other documents including but not limited to Privacy Policy and that You agree to be bound by all its terms and conditions by your use of the Digital Platform and/or creation of account of the Digital Platform.
HOW TO CONTACT US
This Digital Platform is published, controlled, owned and operated by Ontap.
Please forward any comments or complaints about the Digital Platform to support@sipdirect.com .
Please forward any questions regarding Privacy Policy to support@sipdirect.com .
Please forward any questions regarding other legal matters to support@sipdirect.com .
Ontap Direct Pvt Ltd - Basement Floor, 512 Udyog Vihar Phase V, Gurugaon, Haryana - 122016
Effective as of 17th October 2022. Last updated on 27th January 2023.