Terms and Conditions

Introduction

This document on www.omasfoods.com constitutes an electronic record in terms of the provisions of the Information Technology Act, 2000 and the rules made thereunder, as applicable, and the amended provisions pertaining to electronic records in various statutes as amended from time to time.

DA OMA Foods & Beverages LLP provides website features and its products to you when you visit www.omasfoods.com to purchase its products. By visiting and purchasing product(s) through www.omasfoods.com, you willfully and unconditionally agree to the Terms and Conditions contained herein. These terms and conditions govern the access to and use of the website operated by DA OMA Foods & Beverages LLP operating under the brand name 'DA OMA'.

Following terminologies apply to these Terms and Conditions, Privacy Policy, Disclaimer Policy, Payment Policy, Shipping Policy and Return, Refund and Cancellation Policy or any other agreements that may accrue on this website: 'Client', 'Customer' 'You' and 'Your' refer to you, the person accessing this website and, ''DA OMA' The Company', 'The Firm', 'It', 'Ourselves', 'We', 'Our' and 'Us' refer to DA OMA. 'Parties' or 'Us' refer to both the Client and ourselves or either the Client or ourselves. Any use of above terminology or other words, in the singular, plural, capitalised case, and/or, he/she or they are taken as interchangeable and therefore as referring to the same.

By accessing, browsing or using DA OMA's website and/or purchasing any product through this website, you agree to be bound by these terms and conditions, along with the Privacy Policy, the Disclaimer Policy, the Payment Policy, the Shipping Policy and the Return, Refund & Cancellation Policy available on the website. DA OMA assumes, by accessing and using this website, you accept these terms and conditions and other policies enumerated on this website in full.

Eligibility

The use of this website is intended only for persons who are competent to contract under the Indian Contract Act, 1872. By using this website, you represent and warrant that you are at least 18 years of age or are accessing the website under the supervision of a parent or legal guardian.

Copyright

Unless otherwise stated, DA OMA owns the intellectual property rights for all materials appearing on this website. All intellectual property rights, including that of trademarks, logos, brand name 'DA OMA', product images, website content, design elements, audio -video clips and data compilation are the exclusive property of DA OMA. All intellectual property rights are reserved, protected and governed as per prevailing laws of India.

You may view and/or print pages from this website for your own personal use, subject to restrictions set in these terms and conditions. All unwarranted use of content is strictly prohibited and illegal.

You Must Not

• Republish, sell, rent or sub-licence any material from www.omasfoods.com
• Reproduce, duplicate or copy material from www.omasfoods.com
• Redistribute content from www.omasfoods.com (unless content is specifically made for redistribution)

Hyperlinking to Our Content

The following organizations may link to our Web site with prior written approval:

• Government agencies
• Search engines
• Online directory distributors when they list us in their directory
• Organisations and web portals approved by DA OMA

They may link to our website in following manners.

• By use of our corporate name
• By use of the uniform resource locator (Web address) being linked to
• By use of any other description of DA OMA's website or material

No use of DA OMA's logo, trademark and/ or other artwork will be allowed for linking.

Without prior approval and written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of DA OMA's website.

Cookies

DA OMA employs the use of cookies. By using its website, you give your consent to the use of cookies in accordance with its privacy policy. DA OMA use cookies to enable it to retrieve user details for each visit. Cookies are used in some areas of its site to enable the functionality of those areas and ease of use for those people visiting DA OMA's website. Some of our affiliates may also use cookies.

Third Party Tools

DA OMA may provide access to Third Party Tools on 'as is' and 'as available' basis without any warranties, representations, conditions or endorsement of any kind. DA OMA neither monitors nor has any control on such Third Party Tools.

Any use by you of those optional tools offered through this website is entirely at your own risk and discretion and, you should ensure that you are familiar with and approve the terms on which those tools are offered.

Third Party Links

Certain content, products and services available via DA OMA's website may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. DA OMA is not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third-parties.

DA OMA is not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-party websites. You are requested to review carefully Third Party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to concerned third-party only.

Content Liability

DA OMA shall have no responsibility or liability for any content appearing on your screen when you visit its website. You agree to indemnify and defend us against all claims arising out of or based upon your screen. No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal or which infringes, otherwise violates or advocates the infringement or other violation of any third party rights.

Removal of Links

If you find any link on our website or any linked website objectionable for any reason, you may contact DA OMA about this. It will consider requests to remove links but will have no obligation to do so or to respond directly to you. Whilst it endeavours to ensure that the information on this website is correct, it doesn't warrant its completeness or accuracy; nor do DA OMA commits to ensuring that the website remains available or that the material on the website is kept up-to-date.

User Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans or other materials online or by email or by postal mail or otherwise (collectively called 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and use them in any manner. We are and shall be under no obligation:

• To maintain any comments in confidence
• To pay compensation for any comments
• To respond to any comments

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could adversely affect the operation of this website or the desktop/ laptop/ tablet/ mobile phone of any user visiting this website.

DA OMA may, but has no obligation to, monitor, edit or remove content that it finds to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or the terms and conditions contained on this website.

You shall not use a false e‑mail address, pretend to be someone other than you or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Prohibited Uses

In addition to other prohibitions as set forth elsewhere in Terms and Conditions, you are prohibited from using the site or its content:

• For any unlawful purpose
• To solicit others to perform or participate in any unlawful acts
• To violate any international, federal, provincial or local body's regulations, rules, laws or ordinances
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
• To submit false or misleading information
• To collect or track personal information of others
• To spam, phish, pharm, pretext, spider, crawl or scrape
• For any obscene or immoral purpose
• To interfere with or circumvent the security features of this website or any related website, other websites or the Internet

DA OMA reserves the right to terminate your use of this website or any related website for violating any of the prohibited uses.

Privacy

Please review DA OMA's Privacy Policy which also governs your use of all information, personal as well as public.

Product Information

DA OMA endeavours to ensure that all information relating to its products, including descriptions, ingredients, pricing and availability, is accurate and up-to-date.

However, given the handmade nature of the products, minor variations in appearance, taste, texture or packaging may occur and shall not be construed as defects.

DA OMA makes every effort to display as accurately as possible the colours and images of its products that appear on the store. However, it can't guarantee that your computer monitor's display of any colour will be correct.

Pricing and Orders

All prices displayed on the website are in Indian Rupees (INR) and shall be subject to applicable taxes as per prevailing laws.

Prices, discounts, if any, and other services for DA OMA products are subject to change without notice.

Order shall be deemed confirmed only upon successful receipt of payment.

DA OMA reserves the right to refuse or cancel any order due to product unavailability, pricing errors or suspected fraudulent activity.

Shipping & Delivery

All shipments and deliveries shall be subject to the Shipping Policy contained in this website. While DA OMA endeavours to ensure timely delivery through third-party logistics partners, it shall not be held liable for delays caused by circumstances beyond its control.

Cancellation Policy

In view of the perishable and made-to-order nature of DA OMA's products, once an order has been processed, prepared or is ready for dispatch, cancellation requests may not be entertained.

Product Handling

DA OMA's products being perishable food items, you agree to handle and store the products in accordance with the instructions provided either on package or on the website.

Risk of Loss

All items purchased through electronic mode or through this website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier (shipping partner) for dispatch.

Disclaimer

Please review DA OMA's Disclaimer Policy which also governs your use of all information and purchase of DA OMA's products.

In no case shall DA OMA, its partners, executives, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation pecuniary loss, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any product procured through this website and other electronic media employed by DA OMA due to any errors or omissions in any content available on them.

Limitation of Liability

To the fullest extent permitted under applicable law, DA OMA shall not be liable for any indirect, incidental, special or consequential damages arising out of or in connection with the use of the website or purchase of its products.

However, limitation of liability doesn't

• Limit or exclude our or your liability for fraud or fraudulent misrepresentation
• Limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law

The limitations and exclusions of liability set out in this website govern all liabilities arising under the disclaimer or in relation to the subject matter of disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on DA OMA's website are provided free of charge, DA OMA will not be liable for any loss or damage of any nature. In any event, the total liability of DA OMA shall be limited to the value of the product purchased by you.

Reservation of Rights

Occasionally there may be information on our website site or in the Terms and Conditions and other policies that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the website is inaccurate at any time without prior notice (including after you have submitted your order).

DA OMA reserves the right to refuse or cancel any service to anyone for any reason at any time at its sole discretion.

DA OMA reserves the right at any time and at its sole discretion to request that you remove all links or any particular link to our website site. You agree to immediately remove all links to our website upon such request.

DA OMA undertakes no obligation to update, amend or clarify information in this website or on any related website, including without limitation, pricing information, except as required by law.

DA OMA reserves the right to amend or update these terms and conditions and associated policies at any time. Such changes shall be effective immediately upon being posted on the website. It is your responsibility to monitor changes on DA OMA's website. By continuing to link to our website, you agree to be bound to and abide by the existing/ amended terms and conditions.

DA OMA doesn't guarantee, represent or warrant that your use of our services will be uninterrupted, timely, secure or error-free.

DA OMA may remove its services for indefinite periods of time or cancel them at any time, without notice to you.

Indemnification

You agree to indemnify, defend and hold harmless DA OMA and our subsidiaries, affiliates, partners, executives, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

Enforcement of Agreement

The failure of us to exercise or enforce any right or provision of this Terms and Services shall not constitute a waiver of such right or provision.

This Terms and Conditions and other policies or operating rules posted by us on DA OMA's website or in respect to our service constitute the entire agreement and understanding between you and us and governs your use of DA OMA's products and service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Termination

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

If in our sole judgment you fail or we suspect that you have failed to comply with any terms or conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services.

Governing Law

These terms and conditions shall be governed by and construed in accordance with the laws of India.

In the event that part of any provision of this Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Terms and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Dispute Resolution

Any dispute or claim relating in any way to your use of any DA OMA products or to any products sold or distributed by DA OMA or through www.omasfoods.com will be subject to exclusive jurisdiction of competent court of Patna, Bihar.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

Contact Information

DA OMA Foods & Beverages LLP
Brand: DA OMA

135, Ashiana Nagar
Phase - 1
Patna - 800 025

Email: care@omasfoods.com

Phone: 90310-02805

By using this Website or by purchasing DA OMA Foods & Beverages LLP products, you acknowledge that you have read, understood and agreed to this Disclaimer Policy.