01. Acceptance of Terms

Please read these Terms carefully before accessing or using the domain name ofably.com (hereinafter referred to as the "Website" or "Site"), which is owned and operated by Bazaar Hungama (Ajmer, Rajasthan).

The registered office of the business is:

These Terms, as modified or amended from time to time, constitute a binding agreement between Ofably and you ("You" or "User").

These Terms, together with the Privacy Policy, Shipping Policy, Payment Policy, Return/Refund Policy and all other applicable laws and regulations, govern your access to and use of the Website and the services provided through it.

This applies whether you are a "Visitor", meaning that you simply browse the Website without registering, or a "Member", meaning that you have registered with the Website.

When you use any current or future Ofably service, or visit or purchase from any business affiliated with Ofably, you may also be subject to guidelines and conditions applicable to that service or business. If those conditions are inconsistent with these Terms, the applicable service-specific guidelines and conditions will apply.

If you do not agree to these Terms and Conditions, or do not have the authority to bind your organization, please do not use the services or materials provided through this Website.

02. About Our Services

Ofably provides a number of internet-based services through the Website, collectively referred to as the "Service".

One such service enables you to purchase merchandise and products listed on the Website, including clothing, fashion accessories, bags, wallets, mobile covers, mugs, gift items and other products offered from time to time.

All such products are collectively referred to as the "Products".

You acknowledge and agree that the Website is an online platform through which you may purchase Products listed on the Website at the prices indicated therein, subject to availability and these Terms.

03. Minimum Age Requirement

The Website is intended for persons who are at least 18 years old, or the legal age required to form a binding contract in your jurisdiction if that age is greater.

By using the Website, you represent and warrant that you are at least 18 years old and legally capable of entering into a binding contract.

If you are a minor and wish to use or transact on the Website, such use or transaction may be made only with the permission and supervision of your parent or legal guardian.

Ofably reserves the right to terminate membership or refuse access to the Website at its discretion.

04. Your Account

You may register with the Website as a Member by completing the registration process provided on the Website. You may also access the Website as a Visitor without registering, although certain services may not be available without an account.

During registration, you may be required to provide information such as your name, email address, mobile number and other information considered necessary by Ofably ("Account Information").

You are responsible for maintaining the confidentiality of your account information and password and for restricting access to your computer and account.

You agree to take all reasonable steps to keep your password confidential and to inform Ofably promptly if you believe that your account or password has been compromised.

You represent and warrant that the Account Information provided by you is accurate and true.

Ofably reserves the right to refuse access to the Website, terminate accounts, or remove or edit content posted by users, subject to these Terms and applicable law.

Membership on the Website is currently free for users. Ofably reserves the right to change its fee policy or introduce new premium services and associated fees at its discretion. Any applicable changes will be posted on the Website.

05. Privacy Policy

Please read our Privacy Policy, which is incorporated into these Terms and governs your use and access to the Website.

Information and data provided or collected from you during your use of the Website will be handled in accordance with the Privacy Policy of Ofably and applicable laws and regulations.

06. Access to the Website

Ofably will take reasonable and necessary steps to maintain the availability of the Website. However, Ofably does not guarantee uninterrupted availability at all times.

Access to the Website may occasionally be suspended or restricted for maintenance, repairs, improvements or the introduction of new facilities or services, with or without prior notice.

Ofably grants you a limited licence to access and make personal use of the Website and the services provided through it in accordance with these Terms and other applicable policies.

This licence does not include resale or commercial use of the Website or its contents, downloading or copying of account information for the benefit of another seller, data mining, robots, or similar data-gathering activities.

07. Website Contents

The Website and its contents, including but not limited to text, graphics, designs, trademarks, logos, user interfaces, visual interfaces and artworks, are the property of Ofably or its respective content suppliers and are protected by applicable intellectual property laws.

You may not copy, reproduce, duplicate, sell, distribute, modify or commercially exploit any part of the Website or its contents without obtaining prior written permission from Ofably.

08. Customer Support

You may contact Ofably Member Services by emailing:

support@ofably.com

Customer support may be provided by Ofably from time to time at its discretion.

09. Product Specifications & Pricing

As Ofably is operated and managed by people, there may occasionally be errors in product specifications, descriptions, pricing or other Website content.

Ofably does not warrant that all product specifications or other content on the Website will always be complete, accurate or error-free.

Ofably reserves the right to refuse or cancel any order placed by you at any time, subject to applicable law and these Terms.

If an amount has been charged before an order is cancelled by Ofably, the applicable amount will be addressed in accordance with the applicable Refund Policy.

In the event of errors relating to product specifications, Ofably will act in accordance with its applicable Return/Refund Policy.

Ofably reserves the right to refuse or cancel replacement or refund requests where such requests, in Ofably's opinion, do not fall within the scope of the applicable Return/Refund Policy.

10. Payments

While using any payment method available through the Website, Ofably shall not be responsible for losses or damages arising directly or indirectly from:

• Lack of authorization for a transaction;
• Payment issues arising from the transaction; or
• Decline of a transaction by the bank or payment provider for any reason.

If payment has been made to our account in the case of a failed transaction, the applicable amount will be addressed after receiving an appropriate request from you.

All prices are listed in Indian Rupees and, unless otherwise stated, include applicable taxes.

Ofably reserves the right to revise product prices at any time. Prices displayed in the shopping cart reflect the most recent applicable product price.

You acknowledge that the price displayed when an item was initially added to your cart may differ from the price applicable when the order is placed.

Unless otherwise stated, payments to Ofably shall be made in Indian Rupees.

The payment facility provided by Ofably is a facilitator for electronic payments and Cash on Delivery transactions through available payment gateway and payment networks and is not a banking or financial service.

Ofably reserves the right to impose reasonable restrictions on the number or nature of transactions conducted by a User.

Product availability statements and estimated delivery timelines may be provided by Ofably. Notwithstanding such information, Ofably reserves the right to cancel, refuse or decline to process an order in accordance with these Terms.

Where Ofably refuses or cancels an order, applicable amounts received from the customer will be addressed in accordance with the applicable Refund Policy, or the customer may be offered an alternative product where appropriate.

11. Electronic Communications

By using the Website, you agree to receive electronic communications from Ofably regarding your transactions and interactions with the Website.

You agree that notices, disclosures and other communications provided electronically satisfy any legal requirement that such communications be in writing, subject to applicable law.

12. Notices & Contact Information

Except where otherwise provided in these Terms, Ofably may provide notices by posting them on the Website or by electronic communication.

You agree to keep the contact information associated with your account current.

If you believe that your work has been copied in a manner that constitutes copyright infringement, you may contact Ofably with the relevant details.

13. Modifications to the Terms & Website

Ofably reserves the right, at its discretion, to modify, add or remove any part of these Terms, the Privacy Policy or other applicable policies.

Changes will become effective upon being posted on the Website unless otherwise stated.

Your continued use of the Website following publication of changes constitutes acceptance of the updated Terms, subject to applicable law.

Ofably also reserves the right to temporarily or permanently modify, discontinue, restrict or block access to the Website or any part of it without prior notice.

14. User Content & Representations

You are responsible for content posted using your account and for transactions associated with your account.

By displaying or publishing content on the Website, including text, audio, video, photographs, graphics, music, sound clips, images, likenesses, personal information and other works of authorship ("Content"), you represent and warrant that:

• You own the rights to the Content or have obtained all necessary rights and permissions to provide it to Ofably.
• You have obtained appropriate permission from individuals appearing or being heard in the Content where required.
• The Content does not infringe intellectual property, privacy, publicity or other rights of any third party.
• The Content is not otherwise unlawful or prohibited by these Terms.

15. Grant of License

By submitting Content to Ofably, you grant Ofably a permanent, worldwide, royalty-free, transferable, sublicensable and non-exclusive licence to use, reproduce, modify, adapt, transmit, distribute, publicly perform, publicly display and create derivative works from such Content in any form, media or technology now known or later developed.

To the extent permitted by applicable law, you waive any moral rights you may have in such Content.

Ofably may, but is not obligated to, display your Content together with your username or actual name, according to the preferences selected by you at registration.

16. Prohibited Conduct

You agree not to post or transmit Content or materials that are, or could reasonably appear to be:

• Untrue, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous or invasive of another person's privacy or protected data.
• Hateful, racially, ethnically or otherwise objectionable.
• Infringing or alleged to infringe the intellectual property rights of any third party.
• Information that you have no legal or contractual right to transmit.
• Unsolicited, undisclosed or unauthorized advertising.
• Software viruses or malicious code intended to interrupt, destroy or limit functionality.
• Data or information obtained through unauthorized access.
• In violation of any applicable local, state, national or international law or regulation.

You further agree not to:

• Alter information on or obtained from the Website.
• Tamper with registration information, profiles, submissions or Content belonging to other users.
• Use unauthorized robots, spiders, scrapers or automated means to access the Website or extract information.
• Send unsolicited advertising, spam or chain letters.
• Frame any part of the Website or create an unauthorized impression of affiliation or endorsement.
• Impersonate or misrepresent your affiliation with any person or entity.
• Bypass or circumvent measures designed to limit access to the Website.
• Take actions that place an unreasonable burden on the Website's infrastructure or performance.

You shall not attempt to gain unauthorized access to any portion or feature of the Website or any systems or networks connected to the Website by hacking, password mining or other illegitimate means.

You shall not probe, scan or test the vulnerability of the Website or breach security or authentication measures.

You shall not reverse-look-up, trace or seek to trace information about another user or visitor for the purpose of revealing personal information other than your own information made available through the Website.

17. Monitoring of Site Content

Ofably is under no obligation to restrict or monitor Site Content.

You understand and acknowledge that Ofably does not regularly monitor the accuracy or reliability of content and that use of the Website and such content is at your own risk.

Ofably reserves the right to modify or remove Content at any time.

Opinions, advice, statements, services, offers or other information made available by third parties, including other users, are those of the respective authors or distributors and not necessarily those of Ofably.

Ofably neither endorses nor assumes responsibility for the accuracy or reliability of opinions, advice, information or statements made on the Website by anyone other than authorized Ofably employees acting in their official capacities.

18. Protection of Site Content

The Website is protected by Indian and international intellectual property laws.

All Website content, including text, logos, icons, images, graphics, audio clips, compilations, downloads and the collection, arrangement and assembly of such content, is the exclusive property of Ofably or its respective content suppliers and is protected under applicable copyright and trademark legislation.

All software used on the Website is the property of Ofably or its software suppliers.

You shall not copy, distribute, modify or share Website content for any purpose without obtaining prior written permission from Ofably.

19. Termination or Cancellation

Ofably may, at its discretion, with or without cause or notice, terminate these Terms, your access to the Website or your account, or suspend or block your access to the Website.

You remain responsible for breaches of these Terms and obligations incurred before termination.

If you continue to use the Website after termination of these Terms, such use will constitute your agreement to the Terms then posted on the Website.

Notwithstanding termination of your account, Ofably retains the rights applicable to Content posted by you in accordance with these Terms.

Provisions relating to User Content, Licence Rights, Indemnification, Disclaimer of Warranties, Limitation of Liability, Additional Terms and the Privacy Policy will survive termination to the extent applicable.

20. Dealings with Merchants & Third-Party Links

The Website may contain advertisements, offers or links to third-party websites and resources that Ofably does not control.

Ofably does not guarantee the availability or accuracy of such third-party websites or resources and is not responsible for their content, advertising, products or services.

The inclusion of a third-party link does not imply endorsement by Ofably. You access third-party websites at your own risk.

Ofably's Privacy Policy applies only while you are using the Ofably Website.

Any correspondence or business dealings with third-party merchants or advertisers found through the Website are solely between you and that third party.

You agree to hold Ofably harmless from losses or damages arising from such third-party dealings, subject to applicable law.

21. Indemnification

As a condition of your access to and use of the Website, you agree to hold Ofably and its subsidiaries, affiliates, officers, proprietors, employees, agents, attorneys, suppliers, successors and assigns harmless from and indemnify them against damages, costs, expenses and other liabilities, including attorneys' fees and expenses, relating to claims arising out of or related to:

• Your access to and use of the Website and its content;
• Your violation of these Terms or any applicable law or third-party rights;
• Any dispute you have or claim to have with another user of the Website;
• Ofably's resolution of any such dispute;
• Your improper authorization for Ofably to collect, use or disclose data or Content provided by you; or
• Disclosures made with your permission in accordance with the Privacy Policy.

Ofably has the right, but not the obligation, to resolve disputes between users relating to the Website.

Ofably's resolution of a particular dispute does not create an obligation to resolve any other dispute.

22. Disclaimer of Warranties

Such content is intended for informational and entertainment purposes only. You use the Website and its content at your own risk.

The Website is provided by Ofably on an "AS IS" and "AS AVAILABLE" basis.

To the maximum extent permitted by law, Ofably makes no representations, warranties or conditions, express or implied, regarding the operation of the Website or the information and content included on it.

Ofably does not warrant that the Website will be uninterrupted, error-free, virus-free, secure or timely.

To the maximum extent permitted by law, Ofably expressly disclaims representations, warranties or conditions including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement and those arising from a course of dealing, usage or performance.

23. Limitation of Liability

To the maximum extent permitted by law, you agree that neither Ofably nor its subsidiaries, affiliates, officers, proprietors, directors, employees, agents, attorneys, suppliers, successors or assigns will be liable to you or any other person for direct, indirect, incidental, punitive, exemplary, special or consequential damages.

This includes, without limitation, lost profits, lost revenue, loss of data, loss of privacy, loss of goodwill or other losses, even if Ofably has been advised of the possibility of such damages and even in the event of fault, tort, negligence or strict or product liability.

24. Additional Terms

Severance

If any part of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, that part shall be given effect to the greatest extent possible and the remaining provisions shall remain in full force and effect.

No Assignment

These Terms are personal to you and may not be transferred, assigned or delegated to another person without the express written permission of Ofably.

Any attempted assignment, transfer or delegation without such permission will be null and void. Ofably may transfer, assign or delegate these Terms to one or more third parties without your permission.

Jurisdiction, Choice of Law & Export Limitations

The Website is controlled by Ofably from its offices within India.

If you access the Website from outside India, you do so at your own risk and are responsible for compliance with applicable local laws.

You may not use or export anything from the Website in violation of Indian export laws and regulations or these Terms.

These Terms and all performances and claims of every nature relating in any way to the Website shall be governed by the laws specified in these Terms, without regard to conflict-of-law principles.

Limitations on Actions

Any action concerning a dispute you may have with respect to the Website must be commenced within one year after the cause of the dispute arises, or the cause of action will be barred, subject to applicable law.

Paragraph Headings

The headings used in these Terms are included for ease of reading and have no independent binding effect.

Entire Agreement

These Terms, together with the policies incorporated into them, including the Privacy Policy and Return/Refund Policy, comprise the entire agreement between you and Ofably regarding the use of the Website and supersede prior agreements concerning the same subject matter.

No Waiver

The failure of Ofably to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision or prevent Ofably from exercising or enforcing it subsequently.

We recommend that you retain a copy of these Terms for your records.

25. Procedure for Copyright Infringement Claims

If you believe that your work has been copied in a manner that constitutes copyright infringement, please provide Ofably's copyright/grievance contact with the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
2. A description of the copyrighted work claimed to have been infringed.
3. A description of where the allegedly infringing material is located on the Website.
4. Your address, telephone number and email address.
5. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.

6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

   OFably’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

   contact@ofably.com.

   NOTICE RE TRADEMARKS

   The trademark “Ofably” and all other trademarks, logos and styles used in the Sites are owned or used under license by Ofably and its affiliated organizations. The names of third parties and their products mentioned may be their trademarks. You may not use any of the above or other trademarks displayed on the Sites or in any Site content. All rights are reserved.

   NOTICE RE COPYRIGHT OWNERSHIP: © Bazaar Hungama (Ajmer, Rajasthan). All rights reserved.

   All content on the Sites is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in the Terms or with our prior express written consent. Modification or use of the materials for any other purpose may violate intellectual property rights.

   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 signature.