Value Essence LLP (“Value Essence” or “us” or “we” or “Company”) is the author and publisher of the internet resources www.valueessence.net and learn.valueessence.net (“Website”). Value Essence is a Marketing agency, Business Consulting, and training agency.
- NATURE AND APPLICABILITY OF TERMS
1.1 This Agreement applies to you whether you are –
1.1.1 A Service Provider which includes but is not limited to or any service provider that have their services listed on our website (whether an individual professional or an organization)
1.1.2 A Vendor which includes but is not limited to an Individual business who is responsible for selling, stocking and distributing the products as per order from the website.
1.1.3 A client of the Service Provider(s) or a member of the public who searches for Service Providers on the website as a registered user of the Services (“End-User”)
1.1.4 All users of the Services are together termed as (“Users” or “you” or “your”).
1.1.5 This Agreement applies to those services made available by Omsatva on the Website, which are offered free of charge to the Users (“Services”), including the following and also to the users that are registered on the website:
1.1.6 For Service Providers: Listing of Service Providers and their profiles and contact details, to be made available to the other Users and visitors to the Website;
1.1.7 For other Users: Facility to (i) search for Service Providers by name, service, and geographical area, or any other criteria that may be developed and made available by Omsatva, and (ii) to make appointments with the Service Providers.
1.2 The Services may change from time to time, at the sole discretion of Value Essence, and this Agreement will apply to your visit to and your use of the website to avail of our Services, as well as to all information provided by you on the Website at any given point in time.
1.3 This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member and when you visit the website as a user. If you have any questions about any part of the Agreement, feel free to contact us at firstname.lastname@example.org
1.5 We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications may not be informed to you, You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
1.6 You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
1.6.1 Your access to use of the Website and the Services will be solely at the discretion of Value Essence LLP.
1.7 The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
- the Indian Contract Act, 1872,
vii. the (Indian) Information Technology Act, 2000, and
viii. the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
- ROLE OF VALUE ESSENCE
2.1 Value Essence’s role is limited to a) providing a platform for hosting and publishing User Content, b) providing a platform for Users to raise questions and Service Providers to provide preliminary and generic information to the questions c) providing a platform for private interaction between User and the Service Provider d) providing a platform to find relevant Service Providers based on the User’s inputs and profiles created by the Service Providers Themselves and e) providing a platform for Users to order and buy products by individual sellers f) facilitating collection and disbursal of consultation and service fees for Service Providers.
2.2 Value Essence’s role is that of an ‘intermediary’ as defined under the Information Technology Act, 2000 and the rules hereunder. Being an intermediary, Valu Essence has no responsibility and/or liability in respect of the content and transactions on the Website including any User Content, Service Provider Content, information provided by Service Providers, interactions between Service Providers on the one hand and Users on the other hand.
- CONDITIONS OF USE
3.1 You must be 18 years of age or older to use the Services, or visit or use the Website in any manner. By visiting and using the Website or accepting this Agreement, you represent and warrant to Omsatva that you are 18 years of age or older and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
3.2 Children below 18 years of age may access the website provided that they do so in under the supervision of their Parents/Legal Guardian.
The terms in this agreement are applicable to all users including Service Providers.
4.1 END-USER ACCOUNT AND DATA PRIVACY
4.1.2 Value Essencemay by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of Value Essence services and to build new services.
4.1.3 The Website allows company to have access to Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Service Providers and their practice.
4.1.5 Value Essence shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Value Essenceor to any other person acting on behalf of Value Essence.
4.1.6 The User is responsible for maintaining 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 usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Value Essence of any actual or suspected unauthorized use of the User’s account or password. Although we will not be liable for any losses caused by any unauthorized use of your account.
4.1.7 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Value Essence has the right to discontinue the Services to the User at its sole discretion without any prior notice.
4.2 LISTING CONTENT AND DISSEMINATING INFORMATION
4.2.1 Omsatva collects, directly or indirectly, and displays on the Website, relevant information regarding the profile of the Service Providers and Vendors listed on the Website, such as their qualification, charges, location, appointment hours, and similar details. Value Essence takes reasonable efforts to ensure that such information is updated at frequent intervals. Although we screen and vet the information and photos submitted by the Service Providers, we cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
4.3 APPOINTMENT BOOKING AND INTERACTION WITH SERVICE PROVIDERS
4.3.1 While Omsatva LLP will try to ensure a confirmed appointment for an End-User who requested an appointment on Website, we do not guarantee that a user will get a confirmed appointment. Further, Omsatva LLP has no liability if such appointment is confirmed but later cancelled by the Service Providers, or the Service Providers are not available as per the given appointment time.
4.3.2 You understand and agree that any interactions and associated issues with the service provider including but not limited to your health issues and your experiences is strictly between you and the service provider. You shall not hold us responsible for any such interactions and associated issues. For the avoidance of doubt, Value Essence is not involved in providing any advice or any advice and hence is not responsible for any outcome between you and the Service Provider you interact with, pursuant to any interactions on or off the Website. If you decide to engage with a Service Provider to provide services to you, you do so at your own risk. The results of any search you perform on the Website for Service Providers should not be construed as an endorsement by Value Essence of any such particular Service Provider. Value Essence shall not be responsible for any breach of service or service deficiency by any Service Provider. We cannot assure nor guarantee the ability or intent of the Service Provider(s) to fulfil their obligations towards you.
4.3.3Without prejudice to the generality of the above, Value Essence will not be liable for:
- any wrong advice or treatment quality being given by the Service Provider(s);
- any type of inconvenience suffered by the User due to a failure on the part of the Service Provider to provide agreed services or to make himself/herself available at the appointed time, no show by the Service Provider, inappropriate treatment, or similar difficulties;
- any misconduct or inappropriate behaviour by the Service Provider or the Service Provider’s staff;
- cancellation or rescheduling of booked appointment or any variance in the fees charged;
4.3.4 Omsatva LLP is against Blind faith and is compliant with the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 and we do not advertise drugs and remedies that claim to have magical properties.
Value Essence LLP has a strict policy for such acts and any such Service Providers that are recognized by us will be reported to the relevant authorities. PROMOTION OR PRACTICE OF DRUGS AND REMEDIES THAT CLAIM TO HAVE MAGICAL PROPERTIES IS A CRIMINAL OFFENCE AND OMSATVA LLP HAS A STRICT NO TOLERANCE POLICY AGAINST SUCH ACT’S
4.3.5 Further, Value Essence shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by the service providers. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at Omsatva’s sole discretion and may be modified or withdrawn at its sole discretion. We may moderate such feedback at any time. Omsatva shall not be obliged to act in any manner to give effect to the content of Users’ feedback.
4.3.6 It is hereby expressly clarified that the Information that you obtain or receive from Value Essence, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on our Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
4.4 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
4.4.1 The contents listed on the Website are (i) User-generated content, or (ii) content that belongs to Value Essence. The information that is collected by Value Essence directly or indirectly from the End- Users and the Service Providers shall belong to Value Essence. Copying of the copyrighted content published by Omsatva on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Value Essence reserves its rights under applicable law accordingly.
4.4.2 Omsatva authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, “Value Essence Content”), are the property of Value Essence and are protected under copyright, trademark and other laws. User shall not modify or reproduce, display, publicly perform, distribute, or otherwise use our Content in any way for any public or commercial purpose or for personal gain.
5.RIGHTS AND OBLIGATIONS RELATING TO CONTENT
5.1 As mandated by Regulation 3(2) of the IG Rules, Value Essence hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which the User does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
5.violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.
5.2Users are also prohibited from:
- violating or attempting to violate the integrity or security of the Website;
- transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Omsatva;
- intentionally submitting on the Website any incomplete, false or inaccurate information;
- making any unsolicited communications to other Users;
- using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
- copying or duplicating in any manner any of the content owned by Value Essence or other information available from the Website;
- framing or hot linking or deep linking any content on our website.
- circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
5.3 Value Essence, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2. Value Essence shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
5.5 Value Essence may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit Value Essence to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Value Essence as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Value Essence or any person on its behalf and the User or where the User has consented to data transfer.
5.6 Value Essence respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
6.1 Value Essence 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,
- Such User breaches any terms and conditions of the Agreement;
- A third party reports a violation of any of its right as a result of your use of the Services;
- Value Essence is unable to verify or authenticate any information provide to Value Essence by a User;
- Value Essence has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
- Value Essence believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Value Essence or are contrary to the interests of the Website.
- LIMITATION OF LIABILITY
7.1 In no event, including but not limited to negligence, shall Value Essence, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) 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, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
- provision of or failure to provide all or any service by Service Providers to End- Users contacted or managed through the Website;
- any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
- any unauthorized access to or alteration of your transmissions or data; or
- any other matter relating to the Website or the Service.
7.2 In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only) or equivalent.
- PAYMENT TO SERVICE PROVIDERS
8.1 The use of this Website is free of cost. You hereby understand that this no charge policy may be amended at anytime at the discretion of the Value Essence LLP. However, in the event, you use the Website to choose a Service Provider and book an appointment, you shall be required to pay for the consultation. The user shall pay the Service Provider after the consultation.
8.2 While availing any of the payment methods available on the Website, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
- Lack of authorization for any transaction(s), or
- Exceeding the preset limit mutually agreed by you and between ‘Bank(s)’, or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason(s).
8.3 Payments can made against the services on the Website by the user in Indian Rupees or the currency that the user may desire. The Website will facilitate such a transaction by displaying the currency according to the users preference with respect to the purchases made on Website.
- RETENTION AND REMOVAL
9.1 Value Essence may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.
10. CANCELATION AND REFUND POLICY
10.1 The Service providers reserve the right to cancel their membership at any time they deem fit, it may take time for Omsatva to delete the concerned Service Providers Profile from our website and we may retain information from the concerned Service Provider for as long as we may deem necessary.
10.2 On cancellation of their membership/Listing the Service providers may be entitled to receive a refund according to the following terms:
10.2.1 The Service Provider may be entitled to a refund only if they request such a refund within 3 days of making such a payment for their listing.
10.2.2 The Service Provider’s understand and agree that it may take upto 30 days for Omsatva to process and your Refund.
10.2.3 The Mode of refund may vary depending on circumstances. If the mode of refund is by Credit/Debit Card or Net Banking, please allow 7 to 10 working days for the credit to appear in your account once such refund is initiated.
16.1.1 While availing any of the payment methods available on the Website, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
- Lack of authorization for any transaction(s), or
- Exceeding the preset limit mutually agreed by you and between ‘Bank(s)’, or
iii. Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason(s).
16.1.2 Payments made against the services or Products bought on the Website by the user can be done in Indian Rupees or the Currency of the users choice. The Website will facilitate such transaction with respect to any other form of currency with respect to the purchases made on Website.
16.1.3 All our product prices include all applicable statutory taxes.
16.1.4 We make every effort to make sure that the pricing and availability of Products on our Website is accurate and up to date. However, rarely, there may be an error on the pricing of a product or an error related to product availability. In such cases, we are not responsible for any typographical errors and we reserve the right to cancel the sale.
16.1.5 We reserve the right to correct any inaccuracies or omissions related to pricing and product availability/descriptions, even after you have submitted your order, and to change or update any other information at any time without prior notice.
16.2 CANCELLATION, RETURN AND REFUND
At Omsata.com, we do our best to ensure that you are completely satisfied with our products. And we are happy to issue a full refund based on the conditions listed below:
16.2.1 Full Refund Possible If:
you received a defective item;
the ordered item(s) is lost or damaged during transit;
16.2.2 The user may be entitled to a refund only if they request such a refund within 3 days of receiving the damaged product.
16.2.3 The users understand and agree that it may take up to 30 days for Value Essence to process and your Refund.
16.2.4 The Mode of refund may vary depending on circumstances. If the mode of refund is by Credit/Debit Card or Net Banking, please allow 7 to 10 working days for the credit to appear in your account once such refund is initiated.
16.3 RETURN POLICY
16.3.1 Should you receive an incomplete order, damaged or incorrect product(s), please notify Value Essence immediately or within 3 working days of receiving the products, to ensure prompt resolution. Please note Value Essence will not accept liability for such delivery issues if you fail to notify us within 3 working days of receipt.
16.3.2 We understand that various circumstances may arise leading you to want to return a product or products that are not defective. However Value Essence has the right to deny such returns when a certain product is not defective or damaged
16.3.3 The user understands and agrees that we may allow the return of unopened, unused products and in case of opened products we may require the original packaging that the Product was delivered in.
16.4.1 The user is entitled to cancel their order before such an order has been shipped to the user. In no other circumstances shall the orders once placed be cancelled once they have been shipped.
16.4.2 The user understands and agrees that it may take 10 working days for the product to be delivered, however the user shall in no circumstance hold Value Essence LLP liable in case of late delivery or non delivery of products due to unforeseen circumstances.
- GUARANTEE, REPRESENTATION AND WARRANTY
17.1 The Services provided by Value Essence or any of its licensors or service providers are provided on an “as is” and “as available’ basis and, to the fullest extent permitted by applicable laws, without any express or implied guarantees, representations or warranties about its Website or Services (including, but not limited to, any implied warranties of merchantability, accuracy, fitness for a particular purpose or use, title and non-infringement, howsoever arising, including but not limited to, by statute or otherwise in law or from a course of dealing or usage or trade). Value Essence does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Value Essence does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. Value Essence does not verify any content or information provided by Users on the Website and to the fullest extent permitted by applicable laws, Value Essence disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Omsatva or any User in relation to any User or services provided by such User.
17.2 The Website may be linked to the website of third parties, affiliates and business partners. Omsatva has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Value Essence endorses the linked site. User may use the links and these services at User’s own risk.
17.3 Omsatva assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
17.4 If Omsatva determines that you have provided fraudulent, inaccurate, or incomplete information, including without limitation, through feedback, Value Essence reserves the right to immediately suspend your access to the Website or any of your accounts with Value Essence and make such declaration on the Website alongside your name/your clinic’s name as
determined by Omsatva for the protection of its business and in the interests of Users. You shall indemnify and hold harmless Value Essence, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including, but not limited to, court fees and reasonable attorney fees and costs) suffered by Value Essence, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives as a result of any fraudulent, inaccurate, or incomplete information (including without limitation, through feedback) which you have provided that has adversely affected Value Essence or its Users.
18.1 User shall indemnify and hold harmless Omsatva, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including, but not limited to, court fees and reasonable attorney fees and costs) arising from the User’s (a) access to or use of the Services, (b) breach or violation of this Agreement, (c) infringement, or infringement by any other User of the User’s account, of any intellectual property or other right of any person or entity, (d) breach of any applicable laws in the User’s Jurisdiction, or (e) breach of any representation or warranty contained in this Agreement. Omsatva will endeavour to notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
- 19. APPLICABLE LAW AND DISPUTE SETTLEMENT
19.1 You agree that this Agreement and any contractual obligation between Value Essence LLP and User will be governed by the laws of India.
19.3 In the case of failure to resolve finally the dispute in the manner set out in Clause 11.2 above, within 30 (thirty) days from the date of first raising the claim, the same shall be decided by binding arbitration by a sole arbitrator appointed by Value Essence LLP. The seat of arbitration shall be Mumbai, India.
19.4 The Courts at Mumbai, Maharashtra, India shall have exclusive jurisdiction over all matters pertaining to this Agreement.
- CONTACT INFORMATION; GRIEVANCE OFFICER
20.1 If a User has any questions concerning Value Essence, the Website, this Agreement, the Services, or anything related to any of the foregoing, Value Essence customer support can be reached at the following email address: email@example.com
20.2 In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer.
21.1 If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.