TERMS & CONDITIONS

INTRODUCTION

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE
INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER.
THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND
DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS
OF RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES
GUIDELINES) RULES, 2011 THAT REQUIRES PUBLISHING THE RULES AND
REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR
USAGE OF THIS WEBSITE/MOBILE APPLICATION.
The domain names www.oitary.com (hereinafter referred to as the “Website”) are owned by
Royoch Innovations Private Limited, a company incorporated under the Companies Act,
2013, and having its registered office at 67, Gen Arun Vaidya Colony, Bhingar,
Ahmednagar-414002,(MH),India. The Website is a platform for selling products relating to
women health, wellness, gynaecological products & services for menstrual health
(“Products”) to customers primarily pan India. Oitary, May, at its sole discretion and in a
manner it deems fit service customers outside India on a case to case basis.
Oitary reserves a right, at its sole discretion, to change, modify, add or remove all or any of
these Terms of Use (“Terms” or “Terms of Use”), at any time without any prior written
notice to you. It is your sole responsibility to review these Terms periodically for updates and changes. Your continued use of the Website following the posting of changes shall be
deemed to mean that you accept and agree to the revisions. As long as you comply with these Terms, Oitary grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Website.

ACCEPTANCE OF TERMS

  • Please carefully read these Terms. In order to use the Website, you must first agree to the Terms. By accessing, browsing or otherwise using the Website, you are agreeing to these Terms and concluding a legally binding contract with Oitary. You are advised to read these Terms carefully before proceeding.

  • You may not use the Website if you do not accept the Terms or are unable to be legally bound by the Terms. Your use of the Website is governed by these Terms and shall include the applicable policies which are incorporated herein by way of reference. By impliedly or expressly accepting these Terms, you also accept and agree to be bound by all policies of Oitary, including but not limited to its privacy policy ("Privacy Policy"), as amended from time to time.

  • As a condition of your access to and use of the Website, you agree that you will comply with all applicable laws and regulations when using the Website.

MEMBERSHIP ELIGIBILITY
Use of the Website is available only to persons who can enter into legally binding contracts
under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the
meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and

persons of unsound mind are not eligible to use the Website. If a minor wishes to use or
transact on the Website, such use or transaction may be made by the minor’s legal guardian
or parents on the Website. Oitary reserves the right to terminate any person’s membership
and/or refuse to provide such person with access to the Website if it is brought to Oitary’s
notice or if it is discovered that such person is not eligible to use the Website.

ACCOUNT & REGISTRATION OBLIGATIONS

  • The Website allows only limited and restricted access to the services for unregistered users.

  • In order to use the Website, as part of the registration process, you will have to create an account on the Website (“Account”), which can be done either by signing up through Facebook or Google or by entering your name, e-mail address and password.

  • While registering with Oitary to use the Website, you shall not:

    • create an Account for anyone other than yourself, unless such person's prior permission has been obtained;

    • use an Account that is the name of another person with the intent to impersonate that person;

    • use a name for the Account that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful; or

    • create more than one Account on the Website.

  • Oitary cannot and will not be liable for any loss or damage arising from your failure to

  • comply with this Clause.

  • Once registered, in order to log into the Account on the Website, you will be required to provide the e-mail address, mobile number and password used at the time of registration (“Account Information”).

  • You agree that the information that you provide to us at all times, including at the time of registration, will be true, accurate, up-to-date, and complete. You agree that if you provide any information that is untrue, inaccurate, not up-to-date or incomplete or if Oitary has reasonable grounds to suspect that such information is untrue, inaccurate, not up-to-date, incomplete, or not in accordance with the these Terms, Oitary shall have the right to indefinitely suspend or terminate or block access to your Account on the Website and refuse to provide you access to the Website.

  • You shall not transfer or share your Account Information with anyone. You are responsible for maintaining the confidentiality of your Account Information and for all activities that occur under your Account.

  • Oitary reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Website and your Account Information.

  • In no event and under no circumstances shall Oitary be held liable to you for any liabilities or damages resulting from or arising out of your use of the Website, theft of your Account Information, your use of the Account Information or your release of the Account Information to a third party or your authorization to allow another person to access and use the Website using your Account.

  • You understand that once you register as a user on the Website, you may receive multimedia text messages as SMS, WhatsApp, Facebook messenger, and phone calls from Oitary on your registered mobile number and you may receive e-mails on your registered e-mail address. These messages, e-mails and calls could relate to your registration, transactions that you carry out through the Website and promotions that are undertaken by Oitary. You, hereby, by way of accepting these Terms consent to the receipt of such communication from Oitary.

  • You agree to, (i) immediately notify Oitary of any misappropriation or unauthorized use of your Account Information or any other breach of security; and (ii) ensure that you exit from the Account at the end of each session. Oitary cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause. You may be held liable for losses incurred by Oitary or any user or visitor of the Website due to authorized or unauthorized use of your Account, as a result of your failure in keeping your Account Information confidential.

  • You shall not use anyone else’s account at any time while accessing the Website.

  • If you do not want to create an Account on the Website, you, as an unregistered user, are permitted to make purchases on the Website without creating an account by using the option of ‘Guest Checkout’. In order to avail this ‘Guest Checkout’ option, you shall be required to provide Oitary with accurate and complete details of your e-mail address, mobile number and shipping address. You understand that, as an unregistered user, the information you provide will not be saved on the Website and you will be required to re-enter such information every time you use ‘Guest Checkout’ on the Website at the time of purchase. Oitary cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause.

  • You may also otherwise use the Website by, including but not limited to, posting queries on the Website or seeking online consultation, for which you shall be required to provide accurate and complete details of all information as may be required by Oitary. Oitary cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause.

  • You understand that once you use the ‘Guest Checkout’ option or otherwise provide information for using the services on the Website, you may receive multimedia text messages as SMS, WhatsApp, Facebook messenger, and phone calls from Oitary on your mobile number and you may receive e-mails on your e-mail address. These messages, e-mails and calls could relate to your transactions that you carry out through the Website and promotions that are undertaken by Oitary. You, hereby, by way of accepting these Terms consent to the receipt of such communication from Oitary.

SERVICES OFFERED ON THE WEBSITE

  • Oitary, through the Website, simply acts as a platform for selling the Products offered to you on the Website. Oitary does not have any control and does not determine or advise or in any way involve itself in the manufacturing of the Products. It is further clarified that Oitary sources such Products from other third-party manufacturers (as the case may be) from time to time. Under no circumstance does Oitary claim to manufacture the Products offered for sale on the Website or provide any warranty in relation to such Products, and any claims in relation to the unsatisfactory performance of the Products or the like should be channeled to such third party manufacturers (as the case may be), whose details Oitary may provide to you as it may deem fit.

  • Oitary provides a number of services through the Website, as enumerated in detail below.

       

       Purchase of Products & Services

  • This service enables you to purchase Products from Oitary directly through the Website from time to time. It shall be your sole responsibility to ensure that the Products so purchased are personally consumed by you, and not by any third party, except in cases of purchases made, on behalf of a minor, by the minor’s legal guardian or parents on the Website. It is clarified that Products may not be purchased by any entity, not being a natural person, under any circumstance whatsoever. Oitary reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the Website and/or cancel any orders so placed, if it is brought to Oitary’s notice or if it is discovered that such person is not eligible to purchase the Products in accordance with this Clause. You hereby agree that Oitary shall in such a scenario have the right to cancel your order placed and refund the payment made by you at the time of purchase of the Product in accordance with the refund policy, at its sole discretion. Oitary cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause.

  • The Products can be purchased on the Website through various methods of payments offered. The sale/purchase of Products shall be additionally governed by the returns/exchange policy, refund policy and cancellation policy, as contained in these Terms.

  • To help you understand which Products to purchase from Oitary on the Website, you may fill a questionnaire called the ‘Period Test’ on the Website (“Questionnaire”). Upon completion of the Questionnaire, you acknowledge and understand that based on your responses to the Questionnaire, Oitary will provide the results of your Questionnaire and also recommend certain Products to purchase on the Website. As part of this service, Oitary also enables you to chat with a health practitioner or doctor (recommended by Oitary) to further understand the results of the Questionnaire.

  • You shall ensure that the name, email address and phone number provided by you in the Questionnaire is the same as was provided by you at the time of placing the order. Oitary cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause.

  • Once the Questionnaire is submitted by you, you shall also be mandatorily required to set up a consultation appointment with a health practitioner or doctor (recommended by Oitary), and will be required to select the mode of consultation acceptable to you. It is clarified that this process will have to be followed every time you purchase a Product on the Website.

  • Oitary recommends that you do not use the Products so purchased without such consultation. Oitary cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause.

  • Based on your responses to the Questionnaire and the consultation, you acknowledge and understand that the health practitioner or doctor (recommended by Oitary) will review your order placed, and ascertain whether the Product/s so ordered will meet your menstrual health problems (as may be revealed by the results of your Questionnaire). You further agree and acknowledge that in the event that the health practitioner or doctor recommended by Oitary is of the opinion that the Product/s so ordered:

    • are not suited to your menstrual health needs, Oitary has the right to cancel your order placed and refund the payment made by you at the time of purchase of the Product in accordance with the refund policy; or

    • are suited to your requirements, the order will be shipped in accordance with these Terms.

In both these scenarios, Oitary will intimate you of the results of the Questionnaire,
along with communication for (a) cancellation in case of (i) above; or (b) confirmation
of your order placed in case of (ii) above. You, hereby, by way of accepting these
Terms consent to the receipt of such communication from Oitary.


NON-COMMERCIAL USE
The product and any samples thereof we may provide you on this website are only for the end users for their personal use. The product is not for re-sale. The dealer who is interested to resell the products may enquire our sales team by contacting them at sales@oitary.com. The product shall not be used for any engineering, processes, mechanism, research, reverse
engineering or for any other commercial purpose.

WEBSITE INTENDED AUDIENCE

This website is intended for and directed to persons above the age of 8.

CAUTIONS
The product is for external use only. Please keep it away from children below the age of 8
years. Please keep the product in a dry place.

COMMUNICATION
When you communicate with us through website or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You also agree that we may
communicate electronically, subject to local privacy laws, and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

OWNERSHIP
This website is only available for personal and non-commercial use. You agree that the
website is a property of a site owner including all intellectual property rights in it. You have
no right to use the website for the purpose other than set out in these terms of use.
The website can be used only for lawful purpose and in accordance with the terms of use.
You are hereby granted a nonexclusive, non-transferable, revocable, limited license to view,
print and distribute content retrieved from the Website for your personal, non-commercial
purposes, provided that you do not remove or obscure the copyright notice or other notices

displayed on the content. You may not copy, reprint, modify, display, perform, translate,
distribute, adapt, broadcast, communicate to the public by telecommunication, circulate, or
sell the content retrieved from the Website in any way, for any commercial use or provide it
to any commercial source, including other websites, without the prior written permission of
Site Owner.
In addition, you agree not to: (i) use this Website in any manner that could disable,
overburden, damage, or impair this Website, or interfere with any other use of this Website,
including, any user's ability to engage in real-time activities through this Website; (ii) use any robot, spider or other automatic device, process or means to access this Website for any
purpose, including to scrape, data mine, monitor or copy any of the material on this Website; (iii) use any manual process to monitor or copy any of the material on this Website, or to engage in any other unauthorized purpose without the express prior written consent of Site Owner; (iv) otherwise use any device, software or routine that interferes with the proper working of this Website; or (v) otherwise attempt to interfere with the proper working of this Website.
We reserve all rights not expressly granted to you.

LIMITATION OF LIABILITY
You expressly understand and agree that under no circumstances will site owner, its affiliates and any of their respective directors, officers, employees, agents, mandatories or other representatives be liable for direct, indirect, special, incidental, consequential, punitive or aggravated damages, including, without limitation, any loss of use, loss of income, saving or profits, loss of data, loss of goodwill, cost of procurement of substitute services, or any other indirect, special, incidental, or consequential damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from (1) the use of, or the inability to use, the website; (2) the cost of procurement of substitute services, items, or websites; (3) unauthorized access to or alteration of your transmissions or data (including personal information); (4) the statements or conduct of any third party on the website; or (5) any other matter relating to the website. these limitations will apply whether or not site owner has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy. this exclusion of liability shall apply to the fullest extent permitted by applicable laws.

INTELLECTUAL PROPERTY NOTICES
The site owner is having sole possession of all intellectual properties displayed and connected to the website and each content of website. You shall not use or display any intellectual properties owned by the site owner in whatsoever manner without prior written consent and permission of the site owner.

MODIFICATION IN CONTENTS
As a site owner, we have exclusive and reserved rights to interrupt, modify, temporarily or
permanently discontinue the website or any part/s thereof without any prior notice. We shall not be responsible at all for any harm or loss you may suffer as a result of such actions.
The site owner has reserved right to terminate or restrict your access for temporary or
permanent period and to delete your user content without any prior notice if we believe to do so. The reasons behind such acts include any unlawful acts, breach of terms of use, privacy policy, other rules, etc. We shall not be responsible at all for any harm or damage caused to you due to such restrictions.

INDEMNIFICATION
You agree to indemnify and hold harmless Site Owner and its affiliates and their respective
directors, officers, employees, agents, or other representatives from and against all claims,
liability, damages and expenses, including without limitation all legal fees and costs arising
from or relating to (a) your breach of these Terms of Use; (b) your use of this Website
including without limitation transmission or placement of information or material by you on this Website; and (c) any claim or allegation that any of your User Content infringes the
intellectual property or other proprietary rights, or privacy rights, of any third party.

THIRD PARTY LINKS
This Website may contain links or references to third party websites. These links are
provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Website. Any information, data, opinions, recommendations, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of Site Owner. Your use of such third party websites is subject to the terms of use and the privacy policies of such websites.

USER SUBMISSIONS
It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Submissions”) will be treated as non-
proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or services. You also acknowledge that your Submission will not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
If you make a Submission, you represent and warrant that you own or otherwise control the
rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.

COURT JURISDICTION

The information on the Website is intended only for use by residents of India. Other countries may have laws, regulatory requirements, or medical practices that differ from those in India. The Agreement and the resolution of any dispute related to the Agreement, the Website, or items you purchase through the Website, and any non-contractual obligations arising out of or in connection with these Terms of Use, shall be governed by and construed in accordance with the laws of India, without giving effect to any principles of conflicts of law. Any legal action or proceeding between Site Owner and you related to the Agreement shall be brought exclusively in a court of competent jurisdiction sitting in India, and you agree to submit to the personal and exclusive jurisdiction of such courts.

DISPUTE
With respect to any dispute regarding the website, all rights and obligations and all actions
contemplated by these Terms and Conditions shall be governed by the laws of India and the
courts of Ahmednagar, Maharashtra, India, as if the Terms and Conditions were a contract
wholly entered into and wholly performed within Ahmednagar, Maharashtra, India, subject to foreign legal mandatory provisions.  To the fullest extent permitted by applicable law, any dispute, differences or claim arising out your visit to the Oitary website shall be referred to the sole Arbitrator appointed by the Chairman and Managing Director of Oitary in accordance with the law. The venue of such arbitration shall be at Ahmednagar, Maharashtra, India and the award of the Arbitrator shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Terms and Conditions, whether through class arbitration proceedings or otherwise.
To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the website shall be submitted to an appropriate court or other judicial body in India, as applicable, without prejudice to the applicable law and all applicable provisions of this Section, and subject to our right to seek injunctive or other appropriate relief in any court, if you have in any manner violated or threatened to violate our intellectual property rights and you consent to exclusive jurisdiction and venue in such courts.