Terms and Conditions
Effective Date: [23/07/2025]
1. Introduction
These terms and
conditions (“User Terms”) apply to Your visit to and use of the Service of
‘Auto’ whether through a computer or a mobile phone, as well as to all
information, recommendations and/or auto services provided to You on or through
the Site, and the Application. This document is an electronic record in terms
of Information Technology Act, 2000 and rules thereunder as applicable and the
provisions pertaining to electronic records in various statutes as amended by
the Information Technology Act, 2000. This electronic record is generated by a
computer system and does not require any physical or digital signatures.
By clicking on the “I
ACCEPT” button or by using OMA ONLINEMANDIAPP’s auto services, You are
acknowledging and consenting to be bound by these User Terms. PLEASE ENSURE
THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS BEFORE YOU USE THE AUTO
SERVICE. If You do not wish to accept any of the User Terms, then please do not
use the Auto Services or avail any of the services being provided therein. YOUR
AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU
AND POMEGRANATE SYSTEMS / OMA OnlineMandiAppIN RESPECT OF THE USE OF AUTO
SERVICES. Your access and use of the Auto Services constitutes your agreement
to be bound by these Terms, which establishes a contractual relationship
between you and OMA OnlineMandiApp. These Terms expressly provide only for new
SaaS platform Auto services and shall be considered distinct and separate from
other services available on POMEGRANATE SYSTEMS / OMA OnlineMandiAppSite.POMEGRANATE
SYSTEMS / OMA ONLINEMANDIAPPmay immediately terminate these Service with
respect to you, or generally cease offering or deny access to the Auto Services
or any portion thereof, at any time for any reason.
Your acceptance of the
User Terms shall be deemed to include your acceptance of the privacy policy
available at https://www.OMAONLINEMANDIAPP.IN/info/faqs#privacyPolicy. By accepting these
User Terms, You also allow POMEGRANATE SYSTEMS / OMA ONLINEMANDIAPPto send you
promotional emails and SMS alerts from time to time.
IT IS HEREBY EXPRESSLY
CLARIFIED THAT THESE USER TERMS WILL NOT APPLY TO OTHER SERVICES OFFERED BY POMEGRANATE
SYSTEMS / OMA ONLINEMANDIAPPON ITS SITE, APPLICATION OR THROUGH WEBSITE.
DEFINITIONS
All of the defined and
capitalized terms in these User Terms will have the meaning assigned to them
here below:
“Account” shall mean the
account created by the Customer on the Application for availing the Services
provided by OMA ONLINEMANDIAPP.
Applicable Laws” shall
mean and include all applicable statutes, enactments, acts of legislature or
parliament, laws, ordinances, rules, by-laws, regulations, notifications,
guidelines, policies, directions, directives and orders of any governmental
authority, tribunal, or a court of India.
“Customer/ You” means a
person who has an account and is willing to post his produce on the App /
Website or a Merchant / Vendor who want to contact the Farmer / Producer
directly for a good deal by offering his price / quotation for the produce /
product. But, the actual business transaction is OUT of the scope of the App /
Website. We are only providing the Direct Contact details to the Sellers and
the Buyers and we are in no way responsible for the deals / transactions /
business, between the seller and the buyer, as we are NOT managing or taking
care of the actual deal being happening. We are just connecting the Buyer and
the Seller.
ELIGIBILITY
You will be “Eligible”
to use the Services only when You fulfill all of the following conditions:
You have attained at
least 18 (eighteen) years of age.
(ii)You are competent to
enter into a contract under the Applicable Laws.
If You reside in a
jurisdiction that restricts the use of the Service because of age, or restricts
the ability to enter into contracts such as this User Terms due to age, You
must abide by such age limits.
REGISTRATION AND ACCOUNT
In order to use the
software, you must maintain an active personal user account with us. Account
registration requires you to provide certain personal information, which may
include your name, address, mobile phone number, age and any other information
as prompted by the App while registering on the App (“Registration Data”).
You shall ensure that
the Registration Data provided by You is accurate, complete, current, valid,
true and is updated from time to time. We shall bear no liability for false,
incomplete, or incorrect Registration Data provided by You. Except for the
Registration Data or any other data submitted by You during the use of any
other service offered through Site (“Permitted Information”), POMEGRANATE
SYSTEMS / OMA ONLINEMANDIAPPdoes not want You to, and You should not, send any
confidential or proprietary information to POMEGRANATE SYSTEMS / OMA
ONLINEMANDIAPPon the Site or otherwise, unless otherwise is required by
Applicable Laws. In accepting these User Terms You agree that any information
or materials that You or individuals acting on Your behalf provide to POMEGRANATE
SYSTEMS / OMA ONLINEMANDIAPPother than the Permitted Information will not be
considered confidential or proprietary.
You are responsible for
maintaining the confidentiality of Your Registration Data and will be liable
for all activities and transactions that occur through Your account, whether
initiated by You or any third party. Your account cannot be transferred, assigned
or sold to a third party. We shall not be liable for any loss that You may
incur as a result of any unauthorized third party using Your account, either
with or without Your knowledge.
In the event we believe
that you have furnished false or incorrect information, committed fraud, or
identity theft, or that the security of your account has been compromised we
reserve the right to suspend or terminate Your account with immediate effect
and for an indefinite period. We shall bear no liability for false, incomplete,
old or incorrect Registration Data provided by You.
You agree to comply with
all applicable laws when using the Services, and you may only use the Services
for lawful purposes (e.g., no transport of unlawful or hazardous materials).
SOFTWARE
The software will enable
you to find merchants / vendors who are willing to offer their price /
quotation for your produce / product. The Company merely provides the SaaS
platform for introducing you with the merchants / vendors and does not
guarantee the acceptance or completion of the offer / deal / business or for
any delay or losses suffered by you or caused to you as a consequence of the
breakdown of the terms of the deal / offer between you and the other party i.e.
between the seller and the buyer. The provisioning and terms and conditions of
the business transaction between the seller and the buyer i.e. you and the
other party is the responsibility of the both the parties only and POMEGRANATE
SYSTEMS / OMA OnlineMandiAppdoes not hold any responsibility for the same. The
Company has no control over business transaction between you and the other
party as we are merely the contact provider. Any dispute between you and the other
party, second party, buyer and seller will be your sole responsibility only and
the Company shall not be liable for the same.
Company shall, upon
receiving the product post request from you, we will show the available number
of merchants / vendors and you can take any merchant’s / vendor’s contact
details by paying a fee and then you can contact him for the selling of your
product. In the same way, the merchant / vendor can also have any farmer /
producer contact details and contact him for buying his produce. Both the
parties can settle down their terms and conditions for that deal. However, the
Company shall not be responsible for arranging any such legal or any financial
or other assistance to any party.
Further, a One Time Pin
(OTP) shall be provided on the Application which shall be further shared by the
Customer with the App / Website only for the purpose of registration purpose
that confirms the contact number of the person registering with us. Other than
that, POMEGRANATE SYSTEMS / OMA OnlineMandiAppdo not hold any responsibility
for the genuineness of the person / company and the dealing party will be
solely responsible for making the surety of his product or money or both and
the POMEGRANATE SYSTEMS / POMEGRANATE SYSTEMS / OMA OnlineMandiAppwill not be
responsible at all in case of any loss or fraud.
PAYMENT
You shall pay the final
determined fee and can have the contact details of the person / party / firm /
company etc and the rest is between you and the other party only. The deal
between you and the party is subject to the negotiation between you and the party
and POMEGRANATE SYSTEMS / OMA OnlineMandiAppdoes not play any role in any sort
of determination and negotiation. The Company merely provides the buyer and
seller details to each other by paying a pre-determined fee.
For providing a SaaS
platform to you in order to enable introduction with the vendor / merchant /
buyer / seller etc, the Company reserves the right to charge a subscription
fees from the Customer, which shall be subject to the tax applicable on it.
USER VIOLATION OF USER
TERMS
You shall not sell or
purchase, any illegal or banned or any other product which is not acceptable
under the law or need any special permissions. In the event You are found to be
involved in the activities set out above, You solely shall be responsible.
INDEMNIFICATION
By accepting these User
Terms and using the Auto Service, You agree that You shall defend, indemnify
and hold OMA ONLINEMANDIAPP, its affiliates, their licensors, and each of its
officers, directors, other users, employees, attorneys and agents harmless from
and against any and all claims, costs, damages, losses, liabilities and
expenses (including attorneys' fees and costs) arising out of or in connection
with: (a) Your violation or breach of any term of these User Terms or any
Applicable Law or regulation, whether or not referenced herein; (b) Your
violation of any rights of any third party, including the TPSPs or (c) Your use
or misuse of the Application or Service.
LIABILITY
POMEGRANATE SYSTEMS / OMA
ONLINEMANDIAPPwill reasonably keep the mobile application and its contents
correct and up to date but does not guarantee that (the contents of) the Site
is free of errors, defects, malware and viruses or that the Site is correct, up
to date and accurate. POMEGRANATE SYSTEMS / OMA ONLINEMANDIAPPshall not be
liable for any delay or losses, as we are only providing the contact details
and any business transaction is , not in OMA ONLINEMANDIAPP’s control. You must
take proper legal and other precautions, might hire a lawyer or a Chartered
Accountant CA or anyone who can take the legal responsibility of the entire
business transaction from end to end.
POMEGRANATE SYSTEMS /
OMA ONLINEMANDIAPPshall not be liable for any damages resulting from the use of
or inability to use the Site, including damages caused by wrong usage of the
Site, error in call center number, network issues, malware, viruses or any
incorrectness or incompleteness of the Information or the or Application.
IN NO EVENT SHALL POMEGRANATE
SYSTEMS / OMA ONLINEMANDIAPPBE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF POMEGRANATE SYSTEMS / OMA ONLINEMANDIAPPHAS BEEN ADVISED OF THE
POSSIBILITY THEREOF. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OMA ONLINEMANDIAPP’s
TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR THE
AUTO SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED
THE AMOUNT OF Rs. 1000/- (Rupees One Thousand only).
If Applicable Law does
not permit the exclusion of certain warranties or the limitation or exclusion
of liability, the scope and duration of such warranty exclusions and the extent
of the liability of POMEGRANATE SYSTEMS / OMA ONLINEMANDIAPPshall be the
minimum permitted under Applicable Law.
APPLICATION LICENSE
Subject to compliance
with these User Terms, POMEGRANATE SYSTEMS / OMA ONLINEMANDIAPPgrants You a
limited, revocable, non-exclusive, non-transferable and non-sub-licensable
license to download and install a copy of the Application on a single mobile
device that You own or control and to run such copy of the Application solely
for Your own personal use and to use the Site.
You shall not (i)
license, sublicense, sell, resell, transfer, assign, distribute or otherwise
commercially exploit or make available to any third party the Service or Site
in any way; (ii) modify or make derivative works based upon the Service or
Application; (iii) create Internet “links” to the Service or “frame” or
“mirror” any Site on any other server or wireless or Internet-based device;
(iv) reverse engineer or access the Site in order to (a) design or build a
competitive product or service, (b) design or build a product using similar
ideas, features, functions or graphics of the Service or Site, or (c) copy, reproduce,
record, or make available to the public any ideas, features, functions or
graphics of the Service or Site, or (v) launch an automated program or script,
including, but not limited to, web spiders, web crawlers, web robots, web ants,
web indexers, bots, viruses or worms, or any program which may make multiple
server requests per second, or unduly burdens or hinders the operation and/or
performance of the Service or Site.
You shall not: (i) send
spam or otherwise duplicative or unsolicited messages in violation of
applicable laws; (ii) send or store infringing, obscene, threatening, libelous,
or otherwise unlawful or tortious material, including material harmful to
children or violative of third party privacy rights; (iii) send or store
material containing software viruses, worms, Trojan horses or other harmful
computer code, files, scripts, agents or programs; (iv) interfere with or
disrupt the integrity or performance of the Site, the Application or Service or
the data contained therein; or (v) attempt to gain unauthorized access to the
Site, the Application or Service or its related systems or networks.
POMEGRANATE SYSTEMS /
OMA ONLINEMANDIAPPwill have the right to investigate and prosecute violations
of any of the above to the fullest extent of the law. POMEGRANATE SYSTEMS / OMA
ONLINEMANDIAPPmay involve and cooperate with law enforcement authorities in
prosecuting users who violate these User Terms. You acknowledge that POMEGRANATE
SYSTEMS / OMA ONLINEMANDIAPPhas no obligation to monitor Your access to or use
of the Site, Service or Posted Content, but has the right to do so for the
purpose of operating the Site and Service, to ensure Your compliance with these
User Terms, or to comply with Applicable Law or the order or requirement of a
court, administrative agency or other Governmental body. POMEGRANATE SYSTEMS /
OMA ONLINEMANDIAPPreserves the right, at any time and without prior notice, to
remove or disable access to any content that OMA ONLINEMANDIAPP, at its sole
discretion, considers to be in violation of these User Terms or otherwise
harmful to the Site, the Service or Application.
CONTENT POSTED BY
CUSTOMERS
POMEGRANATE SYSTEMS /
OMA ONLINEMANDIAPPmay accept posting of any notes, messages, e-mails, photos,
drawings, profiles, opinions, ideas, images, videos, audio files or other
materials or information given by you on the Site (“Posted Content”) by You.
You represent that You have obtained all permissions and consents required to
post the Posted Content and such Posted Content complies with all requirements
of the Posted Content. POMEGRANATE SYSTEMS / OMA ONLINEMANDIAPPshall not in any
manner be responsible for or endorse the Posted Content.
You agree that when
posting Posted Content, You will not:
(i) Publish, post,
upload, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, blasphemous, pornographic,
libelous, invasive of another's privacy, hateful, or racially, ethnically
objectionable, disparaging, relating or encouraging money laundering or
gambling, or otherwise unlawful material or information.
(ii) Upload files that
contain software or other material protected by intellectual property laws (or
by rights of privacy or publicity) unless You own or control the rights there
to or have received all necessary consents.
(iii) Upload files that
contain viruses, corrupted files, or any other similar software or programs
that may damage the operation of another’s computer.
(iv) Advertise or offer
to sell or buy any goods or services for any business purpose, unless the Site
specifically allows such messages.
(v) Conduct or forward
surveys, contests, pyramid schemes or chain letters.
(vi) Download any file
posted by another user that You know, or reasonably should know, cannot be
legally distributed in such manner.
(vii) Falsify or delete
any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material
contained in a file that is uploaded.
(viii) Deceive or mislead
the addressee about the origin of a message or communicate any information
which is grossly offensive or menacing in nature.
(ix) Restrict or inhibit
any other user from using and enjoying the Site
(x) Vite any code of
conduct or other guidelines which may be applicable for any particular Posted
Content.
(xi) Harvest or
otherwise collect information about others, including e-mail addresses, without
their consent.
(xii) Threaten 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 other nation.
(xiii) Violate any
Applicable Laws or regulations including the Information Technology Act, 2000
and the rules, regulations and guidelines notified thereunder.
INTELLECTUAL PROPERTY
OWNERSHIP
POMEGRANATE SYSTEMS /
OMA ONLINEMANDIAPPalone (and its licensors, where applicable) shall own all
right, title and interest, including all related intellectual property rights,
in and to (i) the Site, Application, product, Service and any suggestions,
ideas, enhancement requests, feedback, recommendations or any other offering;
(ii) text, graphics, user interfaces, visual interfaces, photographs,
trademarks, logos, sounds, music, artwork and computer code; or (iii) other
information provided by You or any other party relating to the Site,
Application or the Service. Third party trademarks may appear on this Site/
Application and all rights therein are reserved to the registered owners of
those trademarks. For use of any third party's intellectual property, You need
to get permission directly from the owner of the intellectual property for any
use. These User Terms do not constitute a sale and do not convey to You any
rights of ownership in or related to the Site, the Application or the Service,
or any intellectual property rights owned by OMA ONLINEMANDIAPP. You shall be
solely responsible for any violations of any laws and for any infringements of
any intellectual property rights caused by use of the Services or the Site/
Application.
You may use information
on the Site purposely made available by POMEGRANATE SYSTEMS / OMA
ONLINEMANDIAPPfor downloading from the Site, provided that You:
(i) do not remove any
proprietary notice language in all copies of such documents and make no
modifications to the information; (ii) use such information only for Your
personal, non-commercial informational purpose and do not copy or post such
information on any networked computer or broadcast it in any media; or (iii) do
not make any additional representations or warranties relating to such
information.
LINKS
If permitted by OMA
ONLINEMANDIAPP, You may establish a hypertext link to the Site, provided that
the link does not state or imply any sponsorship or endorsement of Your site by
Us. You must not use on Your site or in any other manner any POMEGRANATE
SYSTEMS / OMA ONLINEMANDIAPPtrademarks or service marks or any Content
belonging to POMEGRANATE SYSTEMS / OMA ONLINEMANDIAPPand appearing on the Site,
including any logos or characters, without our express written consent. You
must not frame or otherwise incorporate into another third party website or
present in conjunction with or juxtaposed against such a website any of the
content or other materials on the Site without our prior written consent.
TERM AND TERMINATION OF
LICENSE AGREEMENT
Unless terminated
explicitly, the agreement between POMEGRANATE SYSTEMS / OMA ONLINEMANDIAPPand
You is perpetual in nature upon downloading the Application and for each
Service booked through the Site. You are entitled to terminate the agreement at
all times by deletion of Your Account, thus disabling the use by You of the
Site. You can close Your Account at any time by following the instructions on
the Site.
POMEGRANATE SYSTEMS /
OMA ONLINEMANDIAPPis entitled to terminate the agreement at all times and with
immediate effect (by disabling Your use of the Site and the Service) if You:
(a) violate or breach any term of these User Terms, or (b) in the opinion of OMA
ONLINEMANDIAPP, misuse the Application or the Service. POMEGRANATE SYSTEMS /
OMA ONLINEMANDIAPPis not obliged to give notice of the termination of the
agreement in advance. After termination POMEGRANATE SYSTEMS / OMA ONLINEMANDIAPPwill
give notice thereof in accordance with these User Terms.
INVALIDITY OF ONE OR
MORE PROVISIONS
The invalidity of any
term of these User Terms shall not affect the validity of the other provisions
of these User Terms. If and to the extent that any provision of these User
Terms is invalid, or is unacceptable in the given circumstances, a provision shall
apply between the parties instead that is acceptable considering all the
circumstances, taking into account the content and the purpose of these User
Terms.
CONFLICT
In the event of any
contradiction or inconsistency between this User Terms and any other agreement
executed between You and OMA ONLINEMANDIAPP, the terms of the User Terms shall
prevail unless the exception has been expressly agreed to in writing by making
reference to the relevant Clause sought to be modified under this User Terms.
DISCLAIMER
You agree that POMEGRANATE
SYSTEMS / OMA ONLINEMANDIAPPis merely a SaaS platform and does not in any
manner provide business transaction management services or any service related
to it. POMEGRANATE SYSTEMS / OMA ONLINEMANDIAPPdoes not endorse, advertise,
advise or recommend You to avail the business / offer of any buyer or seller
until and unless you are 100 percent sure of that in all the terms and
conditions. POMEGRANATE SYSTEMS / OMA ONLINEMANDIAPPalso does not guarantee or
provide assurance in respect of the behavior, actions or data of the users
posted on the Site.
We do not authorize
anyone to make a warranty on Our behalf and You shall not rely on any statement
of warranty as a warranty by Us. POMEGRANATE SYSTEMS / OMA ONLINEMANDIAPPand
their representatives, officers, employees, agents and contractors shall not be
liable for any loss, damage, claim, expense, cost (including legal costs) or
liability arising directly or indirectly from Your use or non-use of the
Service or the Site, or Your reliance upon the Service or the information
contained upon the Site (whether arising from POMEGRANATE SYSTEMS / OMA
ONLINEMANDIAPPor any other person's negligence or otherwise).
This Site, Application
and all content on the Site and the Application are provided on an “as is”
basis without warranties of any kind, either express or implied, including
without limitation warranties of title or implied warranties of merchantability
or fitness for a particular purpose. You acknowledge, by Your access of the
Site and/or Application, that Your access of the Site and/or Application and
availing of Services is at Your sole risk, that You assume full responsibility
for Your access and use of the Site and/or Application, and that POMEGRANATE
SYSTEMS / OMA OnlineMandiAppshall not be liable for any damages of any kind
related to Your access and use of this Site and/or Application.
All images, audio, video
and text in the Site and/or Application are only for illustrative purposes.
None of the models, actors or products in the images, if any is endorsing the
Services in any manner. Any resemblance of any matter to anybody or anything is
purely unintentional and/or coincidental.
MODIFICATION OF THE
SERVICE AND USER TERMS
POMEGRANATE SYSTEMS /
OMA ONLINEMANDIAPPreserves the right, at its sole discretion, to modify or
replace, in part or full, any of these User Terms, or change, suspend, block,
discontinue or restrict at any time. POMEGRANATE SYSTEMS / OMA ONLINEMANDIAPPshall
not be required to notify You of any changes made to these User Terms. The
revised User Terms shall be made available on the Site. You are requested to
regularly visit the Site to view the most current User Terms. You can determine
when POMEGRANATE SYSTEMS / OMA ONLINEMANDIAPPlast modified the User Terms by
referring to the “Last Updated” legend above. It shall be Your responsibility
to check these User Terms periodically for changes.POMEGRANATE SYSTEMS / OMA
ONLINEMANDIAPPmay require You to provide Your consent to the updated User Terms
in a specified manner prior to any further use of the Site and the Services.
NOTICE
POMEGRANATE SYSTEMS /
OMA ONLINEMANDIAPPmay give notice by means of a general notice on the Service
or Application, or by electronic mail to Your email address or a message on
Your registered mobile number, or by written communication sent by regular mail
to Your address on record in OMA ONLINEMANDIAPP’s account information.
ASSIGNMENT
You shall not assign
Your rights under these User Terms without prior written approval of OMA
ONLINEMANDIAPP. POMEGRANATE SYSTEMS / OMA ONLINEMANDIAPPcan assign its rights
under the User Terms to any affiliate.
APPLICABLE LAW AND
DISPUTE RESOLUTION
These User Terms are
subject to the laws of India. Any dispute, claim or controversy arising out of
or relating to these User Terms or the breach, termination, enforcement,
interpretation or validity thereof or the use of the Site, the Service or the
Application (collectively, “Disputes”) the parties shall attempt to settle the
same amicably, through negotiation and consultation at such offices of POMEGRANATE
SYSTEMS / OMA ONLINEMANDIAPPas POMEGRANATE SYSTEMS / OMA ONLINEMANDIAPPmay
designate. In the event the dispute is not resolved internally between after at
least 30 (thirty) days of negotiation, in good faith, the same shall be subject
to binding and final arbitration in accordance with the Arbitration and
Conciliation Act, 1996 as amended from time to time or in case the Arbitration
and Conciliation Act, 1996 is no longer in force, as per any law relating to
arbitration in force at the time of such reference. The reference shall be made
to a sole arbitrator mutually appointed by POMEGRANATE SYSTEMS / OMA
ONLINEMANDIAPPand You. The place of the arbitration shall be DELHI, unless
otherwise mutually agreed by POMEGRANATE SYSTEMS / OMA ONLINEMANDIAPPand You in
writing. Subject to the above, any Dispute will be subject to the exclusive
jurisdiction of courts in DELHI, India.
