Terms of Service

Opmiz is a brand name owned by WriterBabu Online Services Private Limited, which is an Indian company registered under the Companies Act, 1956, having its registered office at 193A, Pocket J&K, Dilshad Garden, New Delhi, India, PIN 110095 and its operational office at H.No.31, Ward 40, Hari Om Nagar, New Bailey Road, Danapur, Patna, Bihar, India, PIN 801503 (hereinafter referred to as “Company”, "Opmiz" or "", which expression shall, unless repugnant to the context or meaning thereof, means and includes its legal representatives, executors, administrators and permitted assigns).

This document is being published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms and conditions of Use for access or usage of https://opmiz.com and it's sub domains.

These Terms and Conditions and the Privacy Policy(https://opmiz.com/c/privacy) together constitute a legal agreement (“Agreement”) between the Merchant and Opmiz in connection with the Merchant’s visit to the Website and use of the Services (as defined below). The domain name opmiz.com (“Website/Opmiz”) owns and operates online services provided by this Website to the Users.

 

Definitions:

  1. “Merchant” and "User" shall mean the person who creates and operates an account on Opmiz to use the services offered by Opmiz as an individual or on behalf of an organisation(business).
  2. "Organisation" shall mean the legal entity for which Merchant creates an account.
  3. "Organisation Account" shall mean the sub entity that the User creates at the time of registration or later for the Organisation that he represents or himself in case of individual Merchants/User. An Organisation Account can have more than one Users and a User can be part of more than one Organisations. Even though an Organisation account can have many Users there will be a single Account Owner for a particular Organisation Account and that User will have the highest access to the resources and materials under that Organisation Account.
  4. "End User" shall mean the person to whom the Merchant offers or tries to offer their services or goods using Opmiz.
  5. "We", "Us", "Our" and "Opmiz" shall mean the Website or the Company as the context so requires.

 

Eligibility:

The Merchant(User) represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use this Website if he/she is not competent to contract under the Indian Contract Act, 187, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.

 

The Service:

Opmiz provides technology as a service to perform online commerce activities for individuals and businesses by means of providing an online account on the website opmiz.com to manage inventory of sellable goods and services and sell the inventory to their "End User" directly or through an online commerce website which the User can setup on Opmiz. User can register themselves on behalf of their organisation or as an individual through a self signup process and start using the services of Opmiz as per selected plan and status of ongoing trial period.

The User expressly agrees that notwithstanding anything contained hereinabove, he/she may be contacted by the Company or any of its affiliates/partners relating to any service availed of by the User on the Website or anything pursuant thereto.

It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Agreement.

 

Third Party Services:

The Service may include services, content, documents, and information owned by, licensed to, or otherwise made available by a third-party (“Third-Party Services”), and may also include links to Third-Party Services. You understand and acknowledge that Third-Party Services are the responsibility of the third-party that created or provided it and acknowledge that use of such Third-Party Services is solely at your own risk.

We make no representations and disclaim all warranties and liabilities arising out of or pertaining to such Third-Party Services, including their accuracy or completeness. Should you avail a Third-Party Service, you shall be governed and bound by the terms and conditions and privacy policy of the third parties providing the Third-Party Services. Further, all intellectual property rights in and to Third-Party Services are the property of the respective third parties.

 

Term:

These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until:

  1. The User continues to access and use the Website; or
  2. The Transaction between the parties, if any, concludes to the satisfaction of both Parties
  3. The User deletes their account by writing to us at support@opmiz.com

Whichever is longer; the Parties agree that certain portions of these Terms shall continue to remain in full force and effect indefinitely, even after the expiry or termination of these Terms as contemplated herein.

 

Mode Of Communication

You agree that Opmiz will use the email address you used to register and create account on Opmiz as the primary mode to reach out to you regarding all types of communications related to your account and your Organisaton Account. It is your responsibility to check that email regularly and ensure that that email address is capable of receiving emails and sending emails. You must also ensure that our email "support@opmiz.com" and "no-reply@opmiz.com" are added as a trusted contact in email service you use so that any communication from us shall not get filtered as spam or junk.

 

Terms of Use applicable to all Users:

  1. The User acknowledges and agrees that he/she is a restricted user of this Website, and that he/she shall not cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish, or create derivative works from, transfer, or sell any information/document/material or software obtained from the Website. Any such use / limited use of the Website will only be allowed with the prior express written permission of the Company. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information contained on the Website is expressly prohibited.
  2. The User agrees to not post or upload data/information on the Website which may be offensive or objectionable and is not in accordance with the applicable laws. The User expressly agrees that any such material complies with applicable laws. The User expressly agrees that any such material that is deemed to be offensive/ objectionable may be removed from the Website immediately and without notice, and further that the User’s access to the Website may also be permanently revoked, at the sole discretion of Opmiz.
  3. The terms “Personal Information” and “Sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy. Opmiz may by its Services, collect information relating to the devices through which the User accesses the Website, and other anonymous data of its usage. The collected information will be used only for improving the quality of Opmiz’s services and to build new services. The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:
    • The fact that certain information is being collected.
    • The purpose for which the information is being collected.
    • The intended recipients of the information
    • The various rights available to such Users in respect of such information.
  4. The User shall alone be responsible for maintain the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all the usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Opmiz of any actual or suspected unauthorized use of the User’s account or password. Opmiz shall not be liable for any losses that may have occurred to the User by any unauthorized use of account, however, the User may be liable for any losses that Opmiz may incur due to unauthorized usage of the User’s account.
  5. Opmiz shall not be responsible for the authenticity of the personal information or sensitive personal information supplied by the User to Opmiz or to any other person acting on behalf of Opmiz.
  6. If a User provides information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Opmiz has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Opmiz has the right to discontinue services to the User at its sole discretion.
  7. The User further undertakes to not:
    • Collect or store data about other users of the website;
    • Abuse, harass, threaten, defame, abrogate, demean or violate the legal rights of any other person or entity;
    • Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website;
    • Download any file/posted uploaded by another user of the Website that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner;
    • Use the Website or any material or content therein for any purpose that is unlawful or prohibited by the Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or any other third party(ies);
    • Violate any code of conduct or guideline which may be applicable for or to any particular services or consultancy offered on the Website;
    • Violate any applicable laws, rules or regulations currently in force within or outside India;
    • Violate any portion of this Agreement, including but not limited to ay applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise;
    • The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other users via the Website. It shall be a violation of the Agreement to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another user of the Website without the express prior written consent of the Company.

 

 

Terms of Use applicable to all Organisation Account Owners

The User who creates an Organisation Account, also known as Organisation Account Owner, is resposible to ensure only authorised and intended Users have the access to their Organisation Account. Organisation Account Owner expressly agree that no such goods or services are offered to its End User that are prohibited by the applicable laws using the Website.

 

Subscription Charges

Opmize charges apply to Organisation Account and not to the User. Opmiz offers its services in three different packages called as "Subscription Plan"( or simply Plan) which can be selected for an Organisation Account under Settings section under Organisation Account. Each Plan has a baseline common set of services and some extra services on top of the common services. Each plan differ in the monthly subscription charges and the per order transaction charge.

To activate a Plan and to start using the Opmiz services, an appropriate payment method needs to be added under Organisation Settings section so that the subscription charges for the plan can be charged every month after an invoice is generated for the same at the end of every billing cycle and shared via Organisation account email and also made available to be downloaded under the Settings section of the Organisation Account.

The use of this Website by the User, limited to browsing the Website is free of cost. Charges apply only for availing services based on the selected Subscription Plan for the Organisation Account. If a User creates more than one Organisation account then in that case a valid payment method is needed for each of the Organisation Accounts.

 

Payment Method

To enable Opmiz to charge subscription fees after every billing cycle, Organisation Account should maintain balance according to the usage estimates and selected subscription plan. To add balance to Organisation account, the User can select the amount option and make payment via UPI, Credit Card, Debit Card or Netbanking or any other payment modes made available via our payment gateway partners. The User understand and accept that the process of payments options available at Opmiz shall be regulated as per the guidelines, directions, notifications, circulars prescribed by the Reserve Bank of India and the financial institutions issuing the debit or credit cards.

 

Security:

Transactions on the website shall be secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit card and debit card information is not received, stored by or retained by Opmiz/ Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.

 

Plan Change And Cancellation:

Plan can be changed any time for an Organisation from within the Organisation Settings section. The subscription can also be cancelled at any time by the User who has required access for the Organisation. Once the subscription is cancelled all the services of Opmiz for that Organisation will stop from immediate effect.

 

Termination:

Opmiz reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law. In cases where:

  1. such User breaches any terms and conditions of this Agreement including the Privacy Policy;
  2. a third party reports violation of any of its right as result of the User’s use of Service;
  3. Opmiz is unable to verify or authenticate any information provided to it by the User;
  4. Opmiz has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such user;
  5. Opmiz believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Opmiz or are contrary to the interests of the Website.

 

Limitation of Liability

In no event, including but not limited to negligence, shall Opmiz, or any of its directors, officers, employees, agents or content or service providers be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of , or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users.

 

Indemnity:

The User hereby expressly agrees to defend, indemnify and hold harmless the Website and the Company, its directors, affiliate service providers, consultant, recruiters, employees, officers, agents and their successors and assigns, against any and all claims, liabilities, damages, losses, costs and expenses, including consultant/ attorney’s fees, caused by or arising out of claims based upon the User’s actions or inactions, including but not limited to any warranties, representations or undertakings, or in relation to the non-fulfillment of any of the User’s obligations under this Agreement, or arising out of the User’s infringement of any applicable laws, rules and regulations, including but not limited to the infringement of intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, or the infringement of any other rights of a third party.

 

Intellectual Property Rights:

All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of WriterBabu Online Services Private Limited, its affiliates or its content suppliers and is protected by the copyright and trademark laws of India. Furthermore, with respect to the Website created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Website.

Unless expressly agreed to in writing, nothing contained herein shall give the User a right to sue any of Website’s brand names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, images, videos and other distinctive brand features.

The User agrees to not create and/ or publish it’s own database that features substantial parts of this Website/Opmiz without WriterBabu Online Services Private Limited and / or its affiliate's (as may be applicable) express written consent.

The User is aware that the products displayed on the Website are the artistic creations of their respective owners, and that all intellectual property, including but not limited to copyrights, relating to the said products resides with the said owners, and that at no point any such intellectual property stand transferred from the aforementioned creators to the Website/Company, or to the User.

The User undertakes to not use any of the intellectual property displayed on the Website in any manner that may cause or is likely to cause any confusion among existing or prospective Users of the Website.

The User is further aware that any reproduction or infringement of the Intellectual Property of the aforementioned owners by the User will result in legal action being initiated against the User by the Respective owners of the intellectual property so reproduced/infringed upon.

 

Applicable law and dispute settlement:

It is expressly agreed by the User that this Agreement and any contractual obligation between Opmiz and User shall be governed by the laws of India.

Any dispute, claim or controversy arising out of or relating to this Agreement to arbitrate, including determination of the scope or applicability of this Agreement to arbitrate, or User’s use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator to be jointly appointed by such User and the Company. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be New Delhi. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

Courts at New Delhi shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, User’s use of the Website or the Services or the information to which it gives access.

 

Updates to the Website

We reserve the right to keep making updates to the services and the underlying technology behind the Opmiz services. In doing so we may not inform you or may inform you by sending an email about any major update solely based on our internal decision to do so or to not do so.

 

Contact And Addressal of Grievances

For question, queries, complaints or suggestions you may get in touch directly by sending an email to us at support@opmiz.com.

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