Terms and Conditions

Welcome to oxencart!

The portal www.oxencart.com and its corresponding mobile application (collectively, “oxencart ”), is managed and operated by WhiteOx Pvt Limited ( “we”, “us” or “our”). Any natural or legal person who accesses and/or uses oxencart in any manner (“you” or “ your”) or uses any current or future service or functionality or offer made available on oxencart (“Service ”) will be subject to these terms and conditions for use of oxencart (“ Terms of Use”), as updated from time to time and such terms, guidelines and conditions as may be applicable to such Service (“ Service Terms”). If these Terms of Use are inconsistent with such Service Terms, the Service Terms will control to the extent of such inconsistency with respect to the applicable Service.

These Terms of Use constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures. Please read these Terms of Use carefully before using or accessing oxencart or availing any Service. By using the oxencart or availing any Service, you signify your agreement to be bound by these Terms of Use.

1. USE OF oxencart

   You agree and acknowledge that oxencart is an online platform that enables you to purchase the organic products listed on oxencart at the indicated price at any time from the serviceable locations . Except where we are the seller of the relevant product on oxencart, you agree and acknowledge that we are only a facilitator and are not and cannot be a party to or control in any manner any transactions on oxencart. Accordingly, such contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on oxencart.

2. ELIGIBILITY

   Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e. persons who are 18 years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use and access oxencart. If you are a minor i.e. under the age of 18 years, you may use oxencart only with the involvement of a parent or guardian.

3. REGISTRATION AND OPERATION OF YOUR ACCOUNT

   3.1. In order to use oxencart and avail the Services, you will have to register on oxencart. Registration is a one-time process and is free of cost. You may register in one of the following ways:

   3.1.1. By creating an oxencart account: You can register by providing relevant information, such as your name, gender, and such other details relevant for creating an account. Your login ID and password will be created based on the information provided by you, which you can use to access your oxencart account at any time.

   3.1.2. By using a third-party account: You may use the login credentials from any third-party accounts maintained by you, as identified by WhiteOx (for example, Google or Facebook). If you use such a third party account, you will also be subject to specific terms and conditions applicable to such account, as may be imposed by the relevant third-party. Your credentials shared by you at the time of registration and your oxencart login ID and password are referred to as “ Account Information”.

   3.2. You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the Account Information and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You will at all times keep your Account Information current and accurate. You can access and update much of the Account Information you provided us with in the Your Account area of the website.

   3.3. You will: (a) immediately inform WhiteOx of any unauthorized use of the account or any other security breach; and (b) ensure that you log out of your account at the end of each session. WhiteOx will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms of Use. You may be held liable for any losses incurred to WhiteOx or any other user due to unauthorized use of their account, resulting from your failure to keep your Account Information safe, secure and confidential. We reserve the right to refuse access to oxencart, terminate accounts, remove or edit content at any time without notice to you.

4. COMMUNICATION AND UNSUBSCRIPTION

   4.1. You understand that once you have shared your Account Information and successfully registered on oxencart, you may receive SMS or email notifications from WhiteOx relating to your registration and transactions on oxencart.

   4.2. You may also receive such notifications regarding any marketing / promotional activities that may be available on oxencart from time to time. By sharing your Account Information and registering on oxencart and/ or verifying your contact number with us, you explicitly consent to receive marketing/ promotional communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.

   4.3. WhiteOx may also send notifications and reminders with respect to the Services on oxencart. While WhiteOx endeavors to provide these notifications and reminders to you promptly, WhiteOx does not provide any guarantee and will not be held liable or responsible for any failure to send such notifications/reminders to you.

   4.4. You can unsubscribe / opt-out from receiving marketing/ promotional communications, newsletters and other notifications from WhiteOx at any time by following the instructions set out in such communications.

5. LICENSE AND ACCESS TO PLATFORM

   5.1. Your use of oxencart, the Services, and access to the oxencart Content ( as defined below) is subject to a limited, revocable and non-exclusive license which is granted to you when you register on oxencart. You will use oxencart solely for identifying products, carrying out purchases of products and processing returns and refunds, in accordance with Return and Refund Policy for your personal use only and not for business purposes.

   5.2. The license granted to you does not include a license for: (a) resale of Products or commercial use of oxencart or oxencart Content, (b) any collection and use of product listings, description, or prices, (c) any use of oxencart, the Services and/or of oxencart Content other than as contemplated in these Terms of Use, (d) any downloading or copying of Account Information, (e) any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any parts of oxencart, (e) creating and/ or publishing your own database that features parts of oxencart.

   5.3. You grant to WhiteOx a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by you on oxencart without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim over all feedback, comments, ideas or suggestions or any other content provided through or on oxencart. You agree to perform all further acts necessary to perfect any of the above rights granted by you to WhiteOx, including the execution of deeds and documents, at its request.

   Please note that WhiteOx at all times reserves the right to refuse your access to oxencart, terminate/deactivate your account, remove or edit content on oxencart, at its discretion.

6. PERSONAL INFORMATION PRIVACY

   6.1. During the course of your registration on and usage of oxencart or availing the Services, WhiteOx may collect and store and/or you may provide us with, personal identifiable and sensitive information about you, including without limitation your name, phone number, email address, address, postal code, occupation, login details etc.

   6.2. WhiteOx respects the sensitivity of the information about you and we appreciate your trust in us. In this regard, WhiteOx has formulated the Privacy Policy which shall be deemed to be included in these Terms of Use, setting out the manner in which your information is collected, stored, processed, used and disclosed. If you object to the terms of our Privacy Policy, please do not use or access oxencart or avail the Services. For more information, please refer to the Privacy Policy.

7. CONTENT ON PLATFORM

   7.1. All information, content, material, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on oxencart or any of the other Services are the property of WhiteOx or its affiliates (“oxencart Content”), and are protected under copyright, trademark and other applicable laws. Further, all trademarks, services marks, trade names and trade secrets in relation to oxencart whether or not displayed on oxencart, are proprietary to WhiteOx.

   7.2. WhiteOx may display on oxencart any third-party logos, trade names, trademarks of other brands, as per the license granted to WhiteOx by such brands.

   7.3. No information, content or material from oxencart (including the oxencart Content) may be copied, reproduced, republished, duplicated, copied, sold, resold, uploaded, posted, transmitted, distributed or otherwise exploited in any way (including for any commercial purpose) without WhiteOx’s express written permission. You will not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of WhiteOx and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing WhiteOx’s or its affiliates’ names or trademarks without the express written consent of WhiteOx and/or its affiliates, as applicable. Any unauthorized use terminates the permissions granted in these Terms of Use.

8. DISCLAIMERS

   8.1. WhiteOx will try to make access to and use of oxencart error-free and without interruptions. However, your access to oxencart may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services on oxencart. WhiteOx does not take responsibility for any access or usage problems that arise from internet related issues at your end.

   8.2. All information in relation to third parties, including sellers and the products listed by them on oxencart ('' Third Party Information”) are provided only for reference. WhiteOx, in its capacity of an intermediary under the applicable laws, is not endorsing Third Party Information and is not responsible for any errors and representation nor is it associated with it and you shall access the Third Party Information at your own risk.

   8.3. oxencart may contain user generated content which WhiteOx does not pre-screen and which contains views that may be opinions of users/ experts. WhiteOx will do its best to monitor, edit or remove such user generated content where it is necessary to do so (for instance, if such content violates these Terms of Use). WhiteOx does not promise that the user generated content on oxencart is accurate, complete or updated, that it will not offend or upset any person or that it does not infringe the intellectual property rights of third parties.

   8.4. To help you in identifying the products of your choice, description of the products are provided on oxencart by the relevant seller through photographs, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, the appearance/color of the products when delivered may differ for various reasons.

   8.5. The Services included on oxencart are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except as otherwise specified in writing. WhiteOx does not covenant or provide any representations and warranties:

   8.5.1. in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including product or pricing information and/or specifications) on oxencart;

   8.5.2. that the Services will be made available at all times;

   8.5.3. that the operation of oxencart, including the functions contained in any content, information and materials on oxencart or any third-party sites or services linked to oxencart will be uninterrupted, or that the defects will be rectified, or that oxencart or the servers that make such content, information and materials available are free of viruses or other harmful components; and

   8.5.4. that the oxencart Content available on oxencart is complete, true, accurate or non-misleading.

   8.6. Parties other than WhiteOx and its affiliates may operate stores, provide services, or list or sell product lines on oxencart. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content made available by them. WhiteOx does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. The information displayed on oxencart is for informational purpose only, and does not amount to or be deemed to be an endorsement of any product or service under any circumstances.

   8.7. To the extent permitted by applicable law, WhiteOx disclaims any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on oxencart.

   8.8. WhiteOx is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third party platforms, you are doing so entirely at your own risk and expense.

9. USER WARRANTIES AND RESTRICTIONS

   9.1. You represent and warrant that: (a) your use of oxencart and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to WhiteOx in connection with oxencart and/or Services is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable oxencart policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, WhiteOx will have the right to reject registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify WhiteOx and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.

   9.2. You will use oxencart for lawful purposes only, and will not undertake any activity that is harmful to oxencart or its content or otherwise not envisaged through oxencart. You have a limited license to access and use oxencart, solely for the purpose of availing the Services, subject to these Terms of Use.

   9.3. The use of the Platform by you is restricted to personal use only, and you will not use any portion of oxencart (including the contents on the Platform) or Services for any resale or commercial purpose.

   9.4. You will not do any of the following:

   9.4.1. Delete or modify any content on oxencart, such as any information regarding the Services, their performance, sales or pricing;

   9.4.2. Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search oxencart;

   9.4.3. Make false or malicious statements against the Services, oxencart or WhiteOx;

   9.4.4. Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage oxencart and/or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of oxencart and/or the Services;

   9.4.5. Introduce any trojans, viruses, any other malicious software, any bots or scrape oxencart for any information;

   9.4.6. Probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;

   9.4.7. Hack into or introduce malicious software of any kind onto oxencart;

   9.4.8. Gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services; or

   9.4.9. Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet.

   9.5. You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through oxencart, any information that:

   9.5.1. belongs to another person and to which You do not have any right;

   9.5.2. is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;

   9.5.3. harms minors in any way;

   9.5.4. infringes any patent, trademark, copyright or other proprietary rights;

   9.5.5. violates any law for the time being in force;

   9.5.6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

   9.5.7. impersonates or defames another person; or

   9.5.8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.

10. INDEMNIFICATION AND LIMITATION OF LIABILITY

    10.1. You agree to indemnify, defend and hold harmless WhiteOx, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of oxencart or the Services, violation of these Terms of Use, or infringement of any intellectual property or other rights of WhiteOx or any third-party. WhiteOx will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide WhiteOx with reasonable assistance, at their expense, in defending any such claim, loss, liability, damage, or cost.

    10.2. To the fullest extent permitted by law, in no event shall WhiteOx or any of its directors, officers, employees, agents or content or service providers (collectively, the “WhiteOx Representatives”) be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, oxencart or the content, materials and functions related thereto, the Services, provision of information via oxencart, lost business, even if such WhiteOx Representatives have been advised of the possibility of such damages.

    10.3. In no event shall WhiteOx Representatives be liable for:

    10.3.1. the use or inability to use oxencart and/or the Services;

    10.3.2. any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through oxencart;

    10.3.3. any unauthorized access to or alteration of your transmissions of sensitive personal information or other user data; or

    10.3.4. any other matter relating to oxencart or the Services.

    10.4. WhiteOx is neither liable nor responsible for any actions or inactions of the other users of oxencart or any breach of conditions, representations or warranties by them. WhiteOx is not obligated to mediate or resolve any dispute or disagreement amongst two or more users of oxencart.

    10.5. None of the directors, officials or employees of WhiteOx shall be personally liable for any action in connection with oxencart or the Services.

11. ACCESS OUTSIDE THE REPUBLIC OF INDIA

    11.1. WhiteOx makes no representation that the content on oxencart is appropriate to be used or accessed outside the Republic of India. Any users who use or access oxencart from outside the Republic of India, do so at their own risk and are responsible for compliance with the laws of such jurisdiction. These Terms of Use do not constitute, nor may these Terms of Use be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.

12. TERM AND TERMINATION

    12.1. These Terms of Use shall be effective from the date of their publication on oxencart.

    12.2. WhiteOx reserves the right to terminate the Services in the event of breach of any terms contained in these Terms of Use, misrepresentation of information, any unlawful activity by you or if WhiteOx is unable to verify or authenticate any information submitted by you.

    12.3. You may terminate these Terms of Use at any time, provided that you discontinue any further use of oxencart or Services. However, any such termination shall not cancel your obligation to pay for a product purchased on oxencart, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.

13. FORCE MAJEURE

    13.1. WhiteOx will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond WhiteOx’s reasonable control.

14. WAIVER

    14.1. No provision in these Terms of Use will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by WhiteOx. Any consent by WhiteOx to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

15. SEVERABILITY

    15.1. If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms of Use and the remainder of these Terms of Use will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms of Use will 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.

16. GOVERNING LAW AND DISPUTE RESOLUTION

    16.1. These Terms of Use, all transactions consummated between WhiteOx and you, and the relationship between WhiteOx and you are governed by the laws of India, without reference to any conflict of laws principles and with an exclusive jurisdiction to the courts of Mumbai.

17. AMENDMENT

    17.1. These Terms of Use are subject to amendments and modifications and may be updated from time to time, without any advance notice. You are requested to regularly review the Terms of Use as available on oxencart. Your relationship with oxencart will be governed by the most current version of these Terms of Use, as published on oxencart.

18. MISCELLANEOUS

    18.1. In addition to these Terms of Use, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Services. You agree that WhiteOx will not be liable for any transaction between itself and any such third parties.

    18.2. These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to you by WhiteOx, for the use of oxencart, and the rights and liabilities with respect to any Services to be provided by WhiteOx shall be limited to the scope of these Terms of Use.