TERMS AND CONDITIONS

The following terms and conditions are applicable for all the users of the website, for contents available at or through this website. The services offered are subject to your acceptance, without modification.

Please read all the contents carefully before further using our website. By accessing and using any of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all of the terms and conditions then you may not access the website or use our services. Services are only available to individuals who are 18 years old and above in India, and in other regions, states and countries the legitimate age for being considered as an “adult” as per their respective laws and regulations.

Contact us if any questions or concerns using our contact form.

You hereby accept the following:

  • No Violation of Laws. You agree not to violate any law or regulations in connection with the use of our services. You agree not to use other’s content in your name or be sure that there is no infringement of the intellectual property rights of anybody else. The website contents must be original and only published by us. Misuse of Services. You will not make any unauthorized access to our website and will not make any personal or uncivil attack on any content or any of the users of the website.
  • Misuse of Services. You will not make any unauthorized access to our website and will not make any personal or uncivil attack on any content or any of the users of the website.
  • Your Account. Once you sign up with us, you will be responsible for maintaining the security of your account, the accuracy of information submitted, and you are fully responsible for all the activities that occur under the account.
  • Changes. OnlyMii reserves the right, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically to remain updated.
  • Termination. OnlyMii may terminate your access to the entire or any part of the Website at any time, with cause, with notice or making it effective immediately without notice. If you wish to terminate this Agreement you may simply discontinue using the Services.

General Representation and Warranty. You represent and warrant that your use of the Services will be in strict accordance with our Privacy Policy, with this Agreement and with all applicable laws and regulations, failing which may lead to necessary actions from our side abiding with the law.


Terms & Conditions

Please read the following terms and conditions carefully before registering, accessing, browsing, downloading or using the website or application. By accessing or using the website or by using the service, you agree to be bound by these terms and conditions set forth below including any additional guidelines and future modifications. If at any time you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not access or use the site and immediately terminate your use of the services.

Your Agreement to these Terms and Conditions of Service

The Terms and Conditions (as may be amended from time to time, the "Agreement") is a legal contract between you, an individual customer, member, user, or beneficiary of this service of at least 18 years of age ("You"), and OnlyMii Private Limited (herein referred as “OnlyMii”) having its registered office at A H. No. 1610, Bamansure Alibagh Raigarh Maharashtra India – 402 201. OnlyMii is a platform owned by OnlyMii Private Limited (hereinafter referred to as “OMPL”). OMPL is the owner of the website www.OnlyMii.com, OnlyMii mobile application, OnlyMii WAP site (Collectively referred to as “OnlyMii”) hence all the rights, benefits, liabilities and obligations under the following terms and conditions shall accrue to the benefit of OMPL (together with its holding company, subsidiaries, associated company and other affiliates, "us", "we", "OnlyMii" or "OMPL"), regarding Your use of our website for contents, images, videos, articles, etc. (known as "Service") and related Services. The www.OnlyMii.com web-site (known as the "Site / Website") and Service is subject to your compliance with the terms and conditions set forth below including all exhibits. OnlyMii reserves the right, at its sole discretion, to revise, add, or delete portions of these terms and conditions any time without further notice. You shall re-visit the "Terms & Conditions" link from time to time to stay abreast of any changes that the "Site" may introduce. The services hereunder are offered by OnlyMii, located at A H. No. 1610, Bamansure Alibagh Raigarh Maharashtra India – 402 201.


Eligibility

The services are not available to persons under the age of 18 years old in India, and in other regions, states and countries the legitimate age for being considered as an “adult” as per their respective laws and regulations or to anyone previously suspended or removed from the services by OnlyMii. By accepting these Terms and Conditions or by otherwise using the Services or the Site, You represent that You are at least 18 years of age in India, and in other regions, states and countries the legitimate age for being considered as an “adult” as per their respective laws and regulations and have not been previously suspended or removed from the Services. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.


About OnlyMii Private Limited

OnlyMii Private Limited is engaged in the business of manufacturing games, toys, kitchen accessories, artifacts, jewellery, etc made out of wood, plywood, acrylic, leather for both domestic as well office use. The promoters have more than 8 years of experience in furniture manufacturing. The company is engaged in manufacturing wide range of wooden games, puzzles, artifacts and kitchen accessories.

Bill Payments

In order to use the Service, You may need to obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access if required. In addition, you must have all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
OnlyMii and/or the OnlyMii Business Partner reserve the right to charge and recover from the User, fees for availing the Services. These charges shall be effective from the time they are posted on to the OnlyMii Website or over the OnlyMii Business Partner channel through which you are availing the Service. You are bound by such revisions and should therefore visit the OnlyMii Website or check with the OnlyMii Business Partner channel through which you are availing the Service to review the fees from time to time.
In the event that you stop or seek a reversal of the Payment Instructions as may have been submitted, OnlyMii shall be entitled to charge and recover you and you shall be liable to pay such charges to the Bill Payment Service as may be decided by OnlyMii. These charges shall be charged on to your designated Payment Account or in any other manner as may be decided by OnlyMii.
OnlyMii offers a convenient and secure way to make payments towards using a valid Payment Account.

Depending upon the OnlyMii Business Partner through whom the Service is availed by you (i) the specific features of the Service may differ (ii) the number of Billers available over the Service can differ (iii) the type and range of Payment Accounts that can be used to issue a Payment Instructions can differ and (iv) the modes/devices over which the Service can be accessed can differ; and (v) the charges, fees for availing the Service or any aspect of the Service can differ. Specific details related to these aspects would be available with the OnlyMii Authorized Business Distributor or the Franchisee, Agent over which the Service is being availed.

From time to time, OnlyMii, at its sole discretion, add to or delete from such list of Billers or types of Payment Accounts that can be used in respect of making payments to a Biller. In any event (i) the type and range of Payment Accounts that can be used for making payments may differ for each Biller depending on Biller specifications (ii) there may be an additional fees/charge when using certain types of Payment Accounts in respect of a Biller; and (iii) the terms upon which a payment can be made to a Biller can differ depending on whether a Card or a Bank Account is used to issue the Payment Instruction. Further depending on the specific facilities allowed by through an OnlyMii Business Partner, payments to a Biller can be made either (a) by issuing a Payment Instruction for an online debit/charge to a Payment Account; or (b) by scheduling an automated debit to a Payment Account.

In using the Bill Payment Service, You agree to:

  • (a) Provide true, accurate, current and complete information about yourself ("Registration Data"), Your Payment Account details ("Payment Data"), Your Biller details ("Biller Data") and
  • (b) Maintain and promptly update the Registration Data, Payment Data and Biller Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or OnlyMii has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, OnlyMii has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). The term biller includes telecom operators.

OnlyMii assumes no responsibility and shall incur no liability if it is unable to effect any Payment Instruction(s) on the Payment Date owing to any one or more of the following circumstances:

  • 1. If the Payment Instruction(s) issued by you is/are incomplete, inaccurate, invalid or delayed.
  • 2. If the Payment Account has insufficient funds/limits to cover for the amount as mentioned in the Payment Instruction(s).
  • 3. If the funds available in the Payment Account are under any encumbrance or charge.
  • 4. If your Bank or the NCC refuses or delays honouring the Payment Instruction(s).
  • 5. If payment is not processed by biller upon receipt.
  • 6. Circumstances beyond the control of OnlyMii (including, but not limited to, fire, flood, natural disasters, bank strikes, power failure, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force) in such case the bill payment is not effected for any reason, you will be intimated about the failed payment through SMS.
Communication Policy
  • 1. By accepting the terms and conditions the customer accepts that OnlyMii may send the alerts to the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer. The customer acknowledges that the alerts will be received only if the mobile phone is in 'On' mode to receive the SMS. If the mobile phone is in 'Off' mode then the customer may not get / get after delay any alerts sent during such period.
  • 2. OnlyMii will make best efforts to provide the service and it shall be deemed that the customer shall have received the information sent from OnlyMii as an alert on the mobile phone number provided during the Registration and OnlyMii shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. The customer cannot hold OnlyMii liable for non-availability of the service in any manner whatsoever.
  • 3. The customer acknowledges that the SMS service provided by OnlyMii is an additional facility provided for the customer's convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event the customer observes any error in the information provided in the alert, OnlyMii shall be immediately informed about the same by the customer and OnlyMii will make best possible efforts to rectify the error as early as possible. The customer shall not hold OnlyMii liable for any loss, damages, claim, expense including legal cost that may be incurred/ suffered by the customer on account of the SMS facility.
  • 4. The customer acknowledges that the clarity, readability, accuracy, and promptness of providing the service depend on many factors including the infrastructure, connectivity of the service provider. OnlyMii shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
  • 5. The customer agrees to indemnify and hold harmless OnlyMii and the SMS service provider including its officials, employees, affiliates, subsidiaries, holding company from any damages, claims, demands, proceedings, loss, cost, charges and expenses whatsoever including legal charges and attorney fees which OnlyMii and the SMS service provider may at any time incur, sustain, suffer or be put to as a consequence of or arising out of (i) misuse, improper or fraudulent information provided by the customer, (ii) the customer providing incorrect number or providing a number that belongs to that of an unrelated third party.
  • 6. By accepting the terms and conditions the customer acknowledges and agrees that OnlyMii may call the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer, for the purpose of collecting feedback from the customer regarding their use of services.

Use of site

You understand that except for information, products or services clearly indicated as being supplied by the OnlyMii, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that OnlyMii cannot and does not guarantee or warrant or indemnify that files available for downloading through the Site will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements and for accuracy of data input and output.


Prohibited Conduct

By using the Services you agree not to:

  • use the Services for any purposes other than purchases of products listed on the website, etc. and/or to access the Services in accordance with these Terms and Conditions and as such services are offered by OnlyMii.
  • impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Services, perform any other similar fraudulent activity or otherwise with what we reasonably believe to be potentially fraudulent activities.
  • infringe our or any third party's intellectual property rights, rights of publicity or privacy.
  • use the Services if You are under the age of eighteen (18) without a parental sponsor for India or in any event use the Services if You are under the age of thirteen (13) years old even with a parental sponsor for other countries other than India and in accordance with applicable law.
  • post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person.
  • post or transmit any message, data, image or program which is pornographic in nature.
  • refuse to cooperate in an investigation or provide confirmation of your identity or any other information you provide to OnlyMii.
  • remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services and the Site or features that enforce limitations on the use of the Services.
  • reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation.
  • use the Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services in an automated manner.
  • modify, adapt, translate or create derivative works based upon the Services and the Site or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation.
  • intentionally interfere with or damage operation of the Services or any other user's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features.
  • use any robot, spider, other automatic device, or manual process to monitor or copy the Site without prior written permission.
  • interfere or disrupt this Site or networks connected to this Site.
  • take any action that imposes an unreasonably or disproportionately large load on our infrastructure/ network.
  • use any device, software or routine to bypass the Site's robot exclusion headers, or interfere or attempt to interfere, with the Services.
  • forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Site or to manipulate your presence on our Site.
  • sell the Services, information, or software associated with or derived from it.
  • use the facilities and capabilities of the Site to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others.
  • breach this Agreement or any other OnlyMii agreement or policy.
  • provide false, inaccurate or misleading information.
  • use the Site to collect or obtain personal information, including without limitation, financial information, about other users of the Site.
  • use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to OnlyMii, a third party or you.
  • use the Services in a manner that OnlyMii or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules.
  • take any action that may cause OnlyMii to lose any of the Services from its service providers, payment processors or other suppliers.
  • Send automated request of any kind to the Site's system without express permission in advance from OnlyMii.

Privacy Policy and Information Usage

We respect your privacy at OnlyMii and value your trust. Kindly read our Privacy Policy carefully for information related to our collection, use, and disclosure of your personal information. The Privacy Policy is incorporated by reference in this Agreement. Use of the OnlyMii website, WAP site and applications and/ or its services constitutes acceptance of the Privacy Policy. For more information check our detailed Privacy Policy.


Account Passwords and Registration

You agree that the information you provide to OnlyMii on registration and at all other times, including payment, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that Your Account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your account ID, PIN, Password, or any credit, debit or prepaid Wallet Balance, card number or net banking login/password, if applicable), then You agree to immediately notify OnlyMii and identify OnlyMii from any liabilities that may arise from the misuse of Your Account.


Usernames and Password

Your username will identify your account and thereby all of your transactions and account related activity on OnlyMii. Each user can choose a unique username which cannot be edited later. If an account is found to be overly inactive, the account may be reclaimed by OnlyMii without notice. Inactivity may be considered as you not signing in and/or never having done a transaction from your account on OnlyMii for more than six months at a stretch.

We encourage you to choose a strong password to protect your account. We recommend the use of upper and lower-case letters, inclusion of one or more numerical digits and/or inclusion of special characters, e.g. @, #, $ etc. It is advised that you not share your password with anyone or write it down. Make sure you sign out before leaving a computer unattended. OnlyMii never, under any circumstances, asks for your account password.


Third Party Sites, Products and Services and Links

The Services and/or the Site may include links or references to other web sites or services solely as a convenience to users ("Reference Sites"). OnlyMii does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services and/or the Site are solely between you and such entity. Access and use of reference sites, including the information, materials, products, and services on or available through reference sites is solely at your own risk.


All Sales are Final and Refund Policy

All sales are final with no refund or exchange permitted. You are responsible for all subscriptions. However, if in a transaction performed by you on the Site, money has been charged to your card or bank account and a subscription is not delivered for your completion of the transaction then you may inform us by sending an email to our customer services email address mentioned on the Contact Us page. Please include in the email the following details - the mobile number, operator name, Transaction date and Transaction Number/id. OnlyMii shall investigate the incident and if it is found that money was indeed charged to your card or bank account without delivery of the subscription then you will be refunded the money within 21 working days from the date of receipt of your email.


Termination and Agreement Violations

You agree that OnlyMii, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate Your account (or any part thereof) or Your use of the Services and remove and discard all or any part of Your account, Your user profile, or Your recipient profile, at any time. OnlyMii may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have or portion thereof may be effected without prior notice, and you agree that OnlyMii will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies OnlyMii may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Services.


Limitation of Liability and Damages

In no event will OnlyMii or its affiliates, subsidiaries, associates, contractors, agents, licensors, partners, or suppliers be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to (i) this agreement, (ii) the services, the site or any reference site, or (iii) your use or inability to use the services, the site (including any and all materials) or any reference sites, even if OnlyMii or a OnlyMii authorized representative has been advised of the possibility of such damages. In no event will OnlyMii or any of its affiliates, subsidiaries, associates, contractors, directors, employees, agents, third party partners, licensors or suppliers' total liability to You for all damages, liabilities, losses, and causes of action arising out of or relating to (i) this Agreement, (ii) the Services, (iii) Your use or inability to use the Services or the Site (including any and all Materials) or any Reference Sites, or (iv) any other interactions with OnlyMii, however caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount paid by You, if any, for using the portion of the Services or the Site giving rise to the cause of action or Five Thousand Rupees (Rs.5000), whichever is lower. You acknowledge and agree that OnlyMii has offered its products and services, set its prices, and entered into this agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and OnlyMii, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and OnlyMii. OnlyMii would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, OnlyMii's liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive termination of this Agreement.


Indemnification

You agree to indemnify, save, and hold OnlyMii, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the Services or of the Site, any violation by You of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. OnlyMii reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify OnlyMii, including rights to settle, and You agree to cooperate with OnlyMii's defense and settlement of these claims. OnlyMii will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.


Disclaimer and No Warranties

To the fullest extent permissible pursuant to applicable law, OnlyMii and its third-party partners, licensors, and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from OnlyMii or through the services or the site will create any warranty not expressly stated herein. You expressly acknowledge that as used in this section, the term "OnlyMii" includes OnlyMii's officers, directors, employees, shareholders, agents, licensors, subcontractors, associates and affiliated companies. You acknowledge that OnlyMii is a provider of goods and is not liable for any 3rd party obligations due to rates, quality, and all other instances, whether to any such subscribers or otherwise. You expressly agree that use of the services and the site is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the internet generally. We do not warrant that the service will be uninterrupted or error-free or that defects in the site will be corrected. The services and the site and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an "as is" and "as available," "with all faults" basis and without warranties or representations of any kind either express or implied. OnlyMii, and its third party suppliers, licensors, and partners do not warrant that the data, OnlyMii software, functions, or any other information offered on or through the services, the site or any reference sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. OnlyMii and its third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the services, the site or any reference sites in terms of correctness, accuracy, reliability, or otherwise. you understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the services, the site or any reference sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and device) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. This paragraph shall survive termination of this agreement. In no event will OnlyMii be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the site.


Ownership and Proprietary Rights

The Services and the Site are owned and operated by OnlyMii and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Services and the Site provided by OnlyMii (the "Materials") are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and OnlyMii, all Materials, trademarks, service marks, and trade names contained on the Site are the property of OnlyMii and/or third party licensors or suppliers. You agree not to remove, obscure, or alter OnlyMii or any third party's copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services. Except as expressly authorized by OnlyMii, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. OnlyMii reserves all rights not expressly granted in this Agreement. If you have comments regarding the Services and the Site or ideas on how to improve it, please contact customer service or help desk. Please note that by doing so, you hereby irrevocably assign to OnlyMii, and shall assign to OnlyMii, all right, title and interest in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.


Modification of this Agreement

OnlyMii reserves the right to change, modify, add, or remove portions of this Agreement (each, a "change") at any time by posting notification to the OnlyMii website www.OnlyMii.com or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to payment transactions initiated after the posting date. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services. For certain changes, OnlyMii may be required under applicable law to give you advance notice, and OnlyMii will comply with such requirements.


Notice

OnlyMii may provide you with notices and communications by email, regular mail or postings on the OnlyMii website www.OnlyMii.com or by any other reasonable means. Except as otherwise set forth herein, notice to OnlyMii must be sent by courier or registered mail to OnlyMii Private Limited, A H. No. 1610, Bamansure Alibagh Raigarh Maharashtra India – 402 201.


Waiver

The failure of OnlyMii to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by OnlyMii.


Arbitration

OnlyMii may elect to resolve any dispute, controversy or claim arising our of or relating to this Agreement or Service provided in connection with this Agreement by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. Any such dispute, controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Mumbai, Maharashtra, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Mumbai, Maharashtra, India, necessary to protect the rights or the property of you or OnlyMii (or its agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award. All administrative fees and expenses of an arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The language of Arbitration shall be English.


Governing Law and Forum for Disputes

Except as otherwise agreed by the parties or as described in the Arbitration section above, you agree that any claim or dispute you may have against OnlyMii must be resolved by a court located in Mumbai, Maharashtra, India. You agree to submit to the personal jurisdiction of the courts located within Mumbai, Maharashtra, India for the purpose of litigating all such claims or disputes. This Agreement shall be governed by the laws of India, without giving effect to any principles of conflicts of law.


Severability

If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.


Assignment

This Agreement, and any rights granted hereunder, may not be transferred or assigned by you without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.


Survival

Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.


Headings

The heading references herein are for convenience purposes only, do not constitute a part of these Terms and Conditions, and will not be deemed to limit or affect any of the provisions hereof.


Entire Agreement

This is the entire agreement between you and OnlyMii relating to the subject matter hereof and will not be modified except in writing, signed by both parties, or by a change to this Agreement made by OnlyMii in accordance with the terms of this Agreement.


ONLYMII TERMS OF USE

The following Terms of Use (“Terms”) are a binding agreement between you and OnlyMii Private Limited BY REGISTERING FOR OR USING THE SITE OR THE PLATFORM / NETWORK, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE THE SITE OR THE PLATFORM / NETWORK.

As OnlyMii is a site / platform / network owned by OnlyMii Private Limited. Hence all the rights, benefits, liabilities and obligations under the following terms & conditions shall accrue to the benefit of OnlyMii Private Limited.


1. DEFINITIONS
  • 1. "Customer "or "“You”" mean a person who has registered with OnlyMii for availing the OnlyMii Services and who has accepted these Terms and Conditions and, owns/operates/has access to an internet compatible device that supports the OnlyMii Services.
  • 2. "Charge(s)" or "Service Charge" shall mean the charges which OnlyMii may levy upon you in consideration for subscribing to the OnlyMii Services.
  • 3. "Merchant Establishment" shall mean and include physical merchants, remote merchants and any other outlet that has been authorized by OnlyMii to accept payment.
  • 4. "Application Form" shall mean the OnlyMii Registration Form, as is required by OnlyMii from the Customer at the time of Registration for availing and / or continuation of the OnlyMii Services.
  • 5. "KYC" stands for Know Your Customer and refers to the various norms, rules, laws and statutes issued by regulatory bodies from time to time under which OnlyMii is required to procure personal identification details from You before any services can be delivered. Know Your Customer (KYC) documents may be required by OnlyMii from the Customer at the time of Registration and/ or on a later date, for availing and / or continuation of the OnlyMii Services.
  • 6. "Password" means the secret password used to secure OnlyMii applications, without knowledge of which Your OnlyMii applications will not be operable.

2. DOCUMENTATION
  • 2.1 The collection, verification and maintenance of correct and updated Customer information is a continuous process and OnlyMii reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements. OnlyMii reserves the right to discontinue services / reject applications for OnlyMii Services at any time if there are discrepancies in information and/or documentation provided by you.
  • 2.2 Any information provided to OnlyMii with the intention of securing OnlyMii Services shall vest with OnlyMii, and may be used by OnlyMii, for any purpose consistent with any applicable law or regulation, at its discretion.
  • 2.3 If the particulars provided by you in the KYC documents do not match with the details mentioned in the Application Form, then OnlyMii has the right to terminate your account.

3. GENERAL CONDITIONS OF ONLYMII SERVICE
  • 3.1 You will be issued, Free User Account immediately after successful registration, if required for additional services the user shall be liable for paying subscription fees. Your account will be upgraded to a Paid User Account after you submit your KYC documents at the time of registration itself or on a later date and the same are verified and approved by OnlyMii. For detailed features, registration process, documentation processes, KYC requirements, permitted transactions, service discontinuation procedure and other related details relating to the above-mentioned Services, please refer www.OnlyMii.com.
  • 3.2 OnlyMii Services are available only who have attained the age of 18 years and are competent to contract.
  • 3.3 OnlyMii reserves the right to suspend / discontinue OnlyMii Services to you at any time, for any cause, including, but not limited, to the following-
    • 1. For any suspected violation of the rules, regulations, orders, directions, notifications issued by regulatory authorities from time to time or for any violation of the terms and conditions mentioned in this document;
    • 2. For any suspected discrepancy in the particular(s), documentation or Application Form provided by you;
    • 3. To combat potential fraud, sabotage, willful destruction, threat to national security or for any other force majeure reasons etc;
    • 4. If the same is due to technical failure, modification, up gradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons.
    • 5. If the same is due to any transmission deficiencies caused by topographical and geographical constraints / limitations;
    • 6. If the mobile connection with which your OnlyMii services is related ceases to be operational or in your possession or control.
    • 7. If OnlyMii believes, in its reasonable opinion, that cessation / suspension is necessary.
  • 3.4 You are permitted to maintain and operate only one OnlyMii account. Any suspected non-conformity with this requirement shall be just cause for the suspension / discontinuation of any / all accounts associated with you by OnlyMii.

4. BILLING AND PAYMENT
  • 4.1 You shall pay the Service Charges prescribed by OnlyMii in the form and manner prescribed for such payment. OnlyMii may at its discretion, change, amend, increase, or reduce the Service Charges without prior intimation to the Customer.
  • 4.2 OnlyMii does not endorse, promote, champion or warrant any goods and/or services that might be bought / availed or proposed to be bought / availed using OnlyMii services.

5. CUSTOMER OBLIGATIONS
  • 5.1 You shall be solely responsible for the confidentiality, safety and security of the Password. You shall be the sole owner of the Password and shall be responsible for the consequences arising out of disclosure of the Password and/or the unauthorized use of OnlyMii Services. In case the Password is lost or misplaced, you shall promptly inform OnlyMii by calling at the customer care numbers where after the Password will be barred and a new Password will be issued to you after necessary validation. In case the mobile phone / SIM card associated with your OnlyMii account Service is lost / stolen / misplaced / no longer in your control, you shall promptly inform OnlyMii. OnlyMii will upon receipt of such information block the relevant account.
  • 5.2 You shall only use OnlyMii account for all transactions with the specific Merchant Establishment for the products / services available therein. The list of Merchant Establishments is available at www.OnlyMii.com and is subject to change at OnlyMii's discretion without prior intimation.
  • 5.3 You shall intimate OnlyMii about change in your address, if any, in writing along with such proof of address as per the KYC documents.
  • 5.4 You shall not use OnlyMii Services for any purpose that might be construed as contrary or repugnant to any applicable law, regulation, guideline, judicial dicta, OnlyMii policy or public policy or for any purpose that might negatively prejudice the goodwill of OnlyMii.
  • 5.5 You acknowledge and understand that OnlyMii Services are linked to your mobile phone number and registered email id and you shall be solely responsible for any liability arising out of the loss / theft / misuse of the mobile phone number or email id or deactivation of mobile connection or email id by the concerned telecom service provider or service provider, in respect of the Services.
  • 5.6 Information submitted by you for availing OnlyMii Services and/or information submitted while using OnlyMii Services may be shared with third parties by OnlyMii, inter alia, to facilitate the provision of OnlyMii Services.
  • 5.7 Without limiting the foregoing, you agree that you will not use the OnlyMii website to undertake any of the following actions or to display, upload, modify, publish, distribute, disseminate, transmit, update or share any information that:
    • 1. 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;
    • 2. Infringes any patent, trademark, copyright or other proprietary rights;
    • 3. Contains viruses, corrupted files, or any other similar software or programs that is designed to interrupt, destroy or that may limit the functionality of any computer source or that may damage or adversely affect the operation of another person’s computer, its web-sites, any software or hardware, or telecommunications equipment;
    • 4. Advertises or offers to sell any goods or services for any commercial purpose after subscribing such services from OnlyMii;
    • 5. Is in the nature of promotional services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
    • 6. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
    • 7. Violates any law for the time being in force;
    • 8. Belongs to another person to which you do not have any right to;
    • 9. Interferes with or disrupts OnlyMii’s web-sites, servers, or networks;
    • 10. Impersonate any other person;
    • 11. Harm minors in any way;
    • 12. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through its web-sites or to manipulate your presence on its web-sites;
    • 13. Engage in any illegal activities;
    • 14. 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 cognizable offence, or prevents the investigation of any offence or insults any other nation.

6. INDEMNITY

You agree to indemnify, save, and hold OnlyMii, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the Services or of the Site, any violation by You of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. OnlyMii reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify OnlyMii, including rights to settle, and You agree to cooperate with OnlyMii's defense and settlement of these claims. OnlyMii will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.


7. ADDITIONAL TERMS AND CONDITIONS
  • 7.1 When you acquire goods, software or any other services from a Merchant Establishment through any of OnlyMii’s Services, you understand and agree that, OnlyMii is not a party to the contract between you and the Merchant Establishment. OnlyMii does not endorse any advertiser or Merchant linked to its website. Furthermore, OnlyMii is under no obligation to monitor the Merchant Establishment’s service used by you; the Merchant Establishment alone will be responsible for all obligations under the contract including (without limitation) warranties or guarantees. Any dispute with or complaint against any Merchant Establishment must be directly resolved by the Customer with the Merchant Establishment. It is clarified that OnlyMii shall not be responsible or liable for any deficiency in goods and/or services purchased using OnlyMii services. This exclusion of liability shall apply even for goods and/or services made available by OnlyMii under promotional schemes. You are instructed to satisfy yourself regarding the quality, quantity and fitness of any good and/or service before purchasing the same.
  • 7.2 Any amount transferred erroneously by the Customer to any Merchant Establishment shall not be refunded to the Customer by OnlyMii in any circumstances.
  • 7.3 Any link on the OnlyMii website to a third party site is not an endorsement of that website. By using or browsing any such other website, you shall be subject to the terms and conditions in each such website.
  • 7.4 In the event of any dispute, OnlyMii records shall be binding as the conclusive evidence of the Transactions carried out through use of OnlyMii Services.
  • 7.5 OnlyMii shall send all customer communications by SMS and/or email and the SMS shall be deemed to have been received by you after they have been submitted for delivery.
  • 7.6 Our designs evolve over a time and there may be some variation in angles, elements, the material used, etc. compared to what is seen online.
  • 7.7 Each product being individually handmade may have minor variation in size, shape, finishing and appearances.
  • 7.8 Wood is a natural product has different grains and reacts differently to staining. Hence, the final colour, grains and appearance may differ from photograph or sample shown. The products deliver to the end customer shall be varies from the photographed image product as it appears in pictorial image on the website as the raw materials is different from one to another.
  • 7.9 Cancellations are not permitted once the order is placed.
  • 7.10 Solid wood products, unless specifically recommended for outdoor use, is not recommended in direct sunlight, near to heat sources or in rooms which sees temperature swings. These result in stresses in the glued connections and in products plates which can result in splitting or cracks.
  • 7.11 Top surfaces can be wiped clean with a damp cloth. Solvents or chemicals should not be used.
  • 7.12 Wood being a natural material will have some flaws, variation in colour / grains, or imperfections, which is considered part of its natural beauty. Natural variations in colour, knots, stress marks, etc. are not considered defects of workmanship and materials. Wood surfaces are subject to denting, scratching, etc. if not properly used and cared for. Users should also be aware that all surface finishes mellow with age.

8. AMENDMENT OF TERMS AND PLATFORM
  • 8.1 OnlyMii reserves the right to amend, modify, change, add or terminate (collectively “Changes”) the Terms, the Site or the Platform / Network at any time in its sole discretion. Your continue use of the Site or the Platform / Network shall be deemed your acceptance of any such Changes. You should make sure you view these Terms periodically to make sure you are familiar with the most recent version of them.
  • 8.2 OnlyMii may modify, terminate and/or suspend OnlyMii Services to the Customer anytime with or without prior notice, due to any changes in internal policies, rules, regulations and laws set by relevant authorities / regulators.
  • 8.3 Any amendment of these Terms and Conditions proposed by you shall not be effective unless it shall be reduced to writing through amendment form and accepted by OnlyMii. Amendments made under this clause shall be deemed to be a part of these Terms and Conditions and in case of any contradiction the amendment form shall prevail. The terms and conditions herein shall be subject to the notifications / guidelines issued by regulatory authorities, from time to time.

9. ELIGIBILITY AND REGISTRATION TO USE THE SERVICES
  • 9.1 You must be 18 years old to use OnlyMii. You must be an authorized representative with the authority to bind that company or entity to these Terms. You agree to provide accurate, current and complete information about yourself or your company as prompted by our registration form (including your email address) and maintain and update your information (including your email address) to keep it accurate, current and complete. We reserve the right to terminate any account or your use of the Site or the Platform / Network if any information provided by you is false, fictitious, inaccurate, not current or incomplete, with or without notice to you.
  • 9.2 You will be issued a user id and password to access your account. You must keep password confidential and not share it with any other person. You are responsible for all activity on your account, whether or not you authorized it. However, if you become aware of any unauthorized use of your account or your user id and password, please contact us immediately at www.OnlyMii.com.

10. CONFIDENTIALITY

Privacy of communication is subject to the terms of the conditions. You specifically agree that in order to facilitate the provision of OnlyMii Services, OnlyMii may be required to disclose any information or particulars pertaining to you to any authority, statutory or otherwise.


11. ASSIGNMENT

WMPL shall have the right to assign / transfer these presents to any third party including its holding company, subsidiaries, affiliates, associates group companies.


12. INTELLECTUAL PROPERTY RIGHTS

We, or our licensors, own all right, title and interest, including, but not limited to all copyright, trademark, patent, trade secret or other proprietary rights (“IP Rights”), in and to the Site, the Platform, the Usage Data. You shall not reproduce, distribute, transmit, modify, create derivative works, display, perform or otherwise use the Site, the Platform or any of the IP Rights, or attempt to reverse engineer, decompile, disassemble, or derive the source code for the Platform or use the Platform or Site to create a competing product. OnlyMii is owned by. Unauthorized use is strictly prohibited. All rights are expressly reserved to OnlyMii.


13. DISCLAIMER

WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE PLATFORM/NETWORK AND SERVICES OFFERED. WE EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. We provide the Site, the Platform / Network and any other technology and services on the Site on an "as is", "where is", "with all faults" basis. We do not warrant that the Site or the Platform any products and services shown or described on the Site, or other technology and services will be uninterrupted, error-free, available or operational at any particular time, or that any known defects will be corrected.

All services provided on OnlyMii Websites are provided “AS IS.” OnlyMii does not provide any warranty regarding the accuracy or completeness of any information, links, or other materials included in its Websites or that its Websites are error-free or will operate without problems or interruptions. Users acknowledges that OnlyMii may modify any URL address or terminate the availability of any OnlyMii Website (in whole or in part) at any address without notice to User.


14. WAIVER AND RELEASE

To the maximum extent permitted by law, you waive, release, discharge and hold harmless OMPL, its affiliated and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of the Platform / OnlyMii service.


15. LIMITATION OF LIABILITY

15.1 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEITHER OMPL, NOR ITS AFFILIATED COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, ASSOCIATES OR ANY RELATED PARTY SHALL HAVE ANY LIABILITY TO USERS OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS ARISING UNDER OR RELATING TO THESE TERMS, THE SITE OR THE OFFERINGS, EVEN IF ANY OF SAID PARTIES HAD BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

15.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER LIABILITY ARISES DUE TO NEGLIGENCE OR OTHER TORT, BREACH OF CONTRACT, VIOLATION OF STATUTE, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO INR ONE HUNDRED (INR 100).


16. CHOICE OF LAW AND DISPUTE RESOLUTION

These Terms shall be governed by, and construed in accordance with, the laws of India, without reference to principles of conflicts of law. The parties agree that the courts of Mumbai, Maharashtra, India shall have exclusive jurisdiction over any dispute arising from or relating to these Terms, the Platform / Network or the Site. You expressly consent to the personal jurisdiction of said courts and waive any objection to such personal jurisdiction based on forums non convenience or any other basis.


17. GENERAL

The parties are independent contractors and nothing in these Terms shall be deemed to create an agency or employment relationship, a franchisor-franchisee relationship, joint venture or partnership. These Terms constitute the entire agreement between you and us regarding its subject matter and supersede all prior and contemporaneous undertakings and agreements between the parties, whether written or oral, with respect to that subject matter. Should any provision of these Terms be deemed unenforceable or invalid, the other provisions of these Terms shall remain in full force and effect. You cannot assign the Terms or delegate your obligations under these Terms without the express written consent of OnlyMii. The prevailing party in any action relating to these Terms shall be entitled to recover its reasonable legal fees, costs and disbursements incurred in connection therewith from the non- prevailing party.


18. ADMIN OFFICER

The customer has the right to register his complaint if he is not satisfied with the services or finds attitudinal deficiencies when dealing with agents / staff or finds system errors or sees gaps between standards of service promised and actual service rendered by the company. The Customer can lodge a complaint by sending email to Grievance officer at onlymii2020@gmail.com. This mechanism is exclusively dedicated for customer complaint redressal.

Acknowledgement of Grievances and redress on Complaints:

  • i. CSD will acknowledge the grievance immediately on the receipt of complaint and initiate action to have the grievance resolved within a maximum period of 21 working days on extraordinary cases with auto reply in either cases.
  • ii. The customer will also be kept informed of the action taken, the progress while redressing grievances, and/or, the reasons for delay if any, in redressing.
  • iii. Complaints received by e-mail shall be acknowledged by an immediate system generated response or via individual emails to the extent possible.
  • iv. The follow up action taken in respect of such complaints shall be advised to customers by e-mail.
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