Consumer Terms of Use

Last Updated: 11:30 PM 15th January 2024

The mobile application Oshm and any other corresponding Platforms and mobile applications (collectively “Platform”) are owned and operated by Ikanshy Innovations (OPC) Private Limited, having its registered office at 24-JDLVAU VIHAR, AFNHB SECTOR-L, LDA, Lucknow 226012, Uttar Pradesh, India (“Ikanshy”).

These terms of use (“Terms”) mandate the terms on which the end users/ consumers (hereinafter referred to as “User”, “you”) can access and use the Platform.

These terms are an electronic contract recognized under the provisions of the Information Technology Act, 2000 read with its Rules, and thereby govern the relationship and serve as an agreement between you and Ikanshy. These Terms set forth the terms and conditions by which you may access and use the Platform, services and products and any/all information, made available to you through the Platform. These terms constitute a legally valid and binding agreement between you, the end user, and the owner of the Platform.

Use of and access to the Platform in any manner by the User will be subject to the acceptance of these Terms. Please read these Terms carefully before using or accessing the Platform or any of its services. By using the Platform or availing any of its services, you signify your agreement to be bound by these Terms.

1. Your use of the Platform:

By accessing or using the Platform, you expressly agree as follows:

a. You have read, understood and are bound by the Terms and Privacy Policy, as amended from time to time. If you do not agree to be bound by either of these, you must stop accessing or using the Platform.

b. You are legally competent, as per applicable laws, to enter into the present agreement and access the Platform and are not suffering from any legal or contractual disability.

c. In particular, you specifically warrant that you are of sound mind and of the minimum age required under applicable laws of India to enter into a legally enforceable agreement yourself.

d. You accept the Terms by accessing or using the Platform. You understand and agree that your access or use shall be treated as acceptance of the Terms from that point onwards.

e. Ikanshy reserves the right to refuse access to the Platform, at any time to new Users or to terminate or suspend access granted to existing Users at any time without any reason for doing so.

2. Account and registration obligations:

a. In order to place orders on the Platform and avail its services, you will have to create an account by registering yourself on the Platform using your mobile phone number. Registration is a one-time process and is free of cost.

b. A User’s ability to continue using the Platform and availing its services is subject to their continued maintenance of an account on the Platform.

c. While registering you agree to provide certain personal information, including their name, valid phone number, location and such other details. Any information collected through the Platform shall be governed by the Platform’s Privacy Policy, which is available here: https://oshm.in/privacy-policy

d. As a part of the registration process, Users may be required to undertake a verification process to verify the information provided.

e. Users agree and accept that the information provided by the User for the creation of their Account is complete, true, accurate and up-to-date. In the event of any change to such information, Users are required to immediately update their Account information. Users acknowledge and accept that Ikanshy has not independently verified the information and Ikanshy shall in no way be responsible or liable for the accuracy or completeness of any information provided by Users. If Users provide any information that is untrue, inaccurate, not current or incomplete, or Ikanshy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Ikanshy reserves the right to suspend or terminate the respective User’s account and refuse any and all current or future use of the Platform (or any portion thereof) through such account, at any time.

f. Ikanshy may use User’s location-based information that is captured by Ikanshy through the global positioning system when they use their mobile device or computer to request any services on the Platform. Such location-based information shall be used by Ikanshy only to facilitate and improve the services being offered to Users through the Platform.

g. Users are responsible for maintaining the confidentiality of their account information and are fully responsible for all activities that occur through their account. Users agree to immediately notify Ikanshy of any unauthorized use of their account, related information or any other breach of security. Ikanshy cannot and will not be liable for any loss or damage arising from User failure to comply with this provision. Users may be held liable for losses incurred by Ikanshy or any other User of or visitor to the Platform due to authorized or unauthorized use of their account as a result of User’s failure in keeping their account information secure and confidential. Use of another User’s account information is expressly prohibited.

h. By providing your phone number, you hereby give your consent to be contacted via phone calls, SMS, notification or any other electronic mode of communication in case of any order or shipment or any delivery related updates.

3. Services:

a. The Platform facilitates Users to connect with Merchants to view and purchase products listed by the Merchants. The Products purchased from the Merchants through the Platform could then either be picked up by the Users from the Merchant’s outlet or are delivered by the Merchants. Ikanshy is not involved in the delivery of the products purchased through the platform.

b. Users hereby agree and acknowledge that the Platform is only a marketplace, and as such, only acts as a facilitator between Users and Merchants in order to initiate transactions with said Merchants. Users hereby agree and acknowledge that Ikanshy is not a party to any of the transactions that are initiated between Users and Merchants through the Platform and Ikanshy shall not be liable in any manner or incur any liability with respect to the items/services/products offered and/or performed by the Merchants, as the case may be. Further, Users hereby agree and acknowledge that Ikanshy shall not be liable for the conduct, acts and/or omissions of the Merchants (including their employees and consultants) and in the course of providing their items/services/products to Users, or for any loss or damage to Users as a consequence of or in relation to the items/services/products being provided by the Merchants, as the case may be.

c. Users hereby acknowledge that Ikanshy shall not be liable for any damages of any kind arising from their use of the Platform, including, but not limited to direct, indirect, incidental, punitive, special, exemplary or consequential damages.

d. Users hereby agree that Ikanshy shall not be liable for any conduct or misbehaviour or actions of the Merchants with respect to any transactions initiated on the Platform. Further, Users agree that Ikanshy has no control over the items provided by the Merchants and therefore, Ikanshy shall not incur any liability with respect to such Items.

e. The products displayed on the Platform are dependent on the availability of Merchants at the time of the transaction.

f. Users understand and acknowledge that Ikanshy by itself does not sell or provide any items on the Platform. Ikanshy is not responsible for the quality, merchantability or fitness of the items. Accordingly, in the event of any grievances arising from the transaction initiated by Users on the Platform pertaining to purchase or sale of any product from any Merchant, Users may contact Ikanshy support for routing your grievances to the Merchant through the Platform.

4. Payment Terms:

a. Users shall pay such amount indicated on the Platform with respect to the products purchased from the particular Merchants. Users may be charged a separate platform fee.

b. Users agree that Ikanshy may use certain third-party vendors and service providers, including payment gateways, to process the payments made by Users on the Platform.

5. Cancellation and refund:

a. As a general rule, the User shall not be entitled to cancel the order once placed and accepted by the respective Merchant. The User may cancel the order if the same has not been accepted by the Merchant. The orders, once accepted by the Merchant, are non-cancellable and non-refundable.

b. The User shall be entitled to a 100% refund of the value of the order if (i) the User has already made the payment of the order value with respect to such transaction and (ii) the Merchant cancels the order due to reasons not attributable to the User, including but not limited to store being closed, non-availability of items, inability to service online orders at that moment etc.

c. Any decision with respect to refund and returns are only between the respective Merchants and the Users. Ikanshy is not involved in the decision-making for the refund process.

6. Communication and unsubscription:

a. You acknowledge and know that once you have created an account on the Platform, you may receive SMS or email notifications from Ikanshy relating to your registration and transaction on the Platform.

b. By creating an account on the Platform, you also consent to receiving messages relating to promotional/marketing activities of Ikanshy.

c. You can unsubscribe or opt-out from receiving such promotional content, newsletter and other notifications by following the instructions set out in such communications.

7. Intellectual property:

a. The Platform and process, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork, algorithm and computer code (and any combination thereof), compilations and databases of accounts and account details, except any third party software available on the Platform, is owned by Ikanshy (“Ikanshy IP”) and the design, structure, selection, co-ordination, expression, look and feel and arrangement of such Ikanshy IP is protected by copyright, patent and trademark laws, and various other intellectual property rights. Users are not permitted to use Ikanshy IP without the prior written consent of Ikanshy.

b. The trademarks, logos and service marks displayed on the Platform are the property of Ikanshy, except any trademark, logos and service marks of third parties available on the Platform. Users are not permitted to use such trademarks, logos and service marks without the prior consent of Ikanshy or such third party as may be applicable.

8. Representation and warranties:

a. Subject to compliance with these Terms, Ikanshy grants you a limited, non-exclusive, non-transferable and revocable license to access and utilize the Platform for the sole purposes of identifying and connecting with Merchants to purchase their products and processing returns and refunds, all in accordance with the applicable policies of the Platform. This license expressly prohibits downloading or modifying the app's content without Ikanshy's prior written consent.

b. The granted license encompasses the right to access and use the Platform exclusively for personal use. It explicitly does not authorize the resale or commercial utilization of the Platform or its contents, the collection and use of product listings, descriptions, or prices, derivative use of the Platforms or its contents, downloading or copying information for the benefit of third parties, or the use of data mining, robots, or similar data gathering tools. It is important to note that this license does not confer any rights to, or ownership of, the intellectual property associated with the Platform.

c. Users agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by Ikanshy. Users shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any property belonging to Ikanshy, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.

d. Users agree to use the platform only: (i) for purposes that are permitted under these Terms; and (ii) in accordance with any applicable law, regulation or generally accepted practices or guidelines. Users agree not to engage in activities that may adversely affect the use of the Platform by Merchants or other Users.

e. Users represent and warrant that they are legally authorised to view and access the Platform and avail its services.

f. Users agree and acknowledge that the use of the services offered by Ikanshy on the Platform is at their sole risk and that Ikanshy disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.

g. Without prejudice to the above, Ikanshy makes no representation or warranty that the services provided by Ikanshy will meet the Users’ requirements.

h. All materials/content on the Platform (except any third party content available on the Platform), including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Ikanshy. Users acknowledge and agree that the Material is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in our Platform, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose other than the purposes stated under these Terms, by any person or entity, without Ikanshy’s prior express written permission. Users may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize our Platform or any part of the Material for any purpose other than its intended purposes is strictly prohibited. Subject to the above restrictions under this Clause, Ikanshy hereby grants Users a non-exclusive, freely revocable (upon notice from Ikanshy), non-transferable access to view the Material on the Platform.

9. Disclaimer of Warranties & Liabilities:

Users expressly understand and agree that, to the maximum extent permitted by applicable law:

a. The Platform and its services are provided by Ikanshy on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Ikanshy makes no warranty that (i) the Platform or its service will meet User requirements or use of the Platform will be uninterrupted, timely, secure or error-free; (ii) the quality of the Platform will meet User expectations; or (iii) any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by Users from Ikanshy shall create any warranty not expressly stated in these Terms.

b. Ikanshy will have no liability related to any User content, including any ratings and/or comments about any Merchants, arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Ikanshy also disclaims all liability with respect to the misuse, loss, modification or unavailability of any such User content.

c. Ikanshy will not be liable for any loss that Users may incur as a consequence of unauthorized use of their account or account information in connection with the Platform either with or without their knowledge.

d. Ikanshy shall not be responsible for the delay or inability to use the Platform or its related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, Ikanshy shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond Ikanshy's control. Users understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at their own discretion and risk, and that they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data.

10. Indemnification and Limitation of Liability

a. Users agree to indemnify, defend and hold harmless Ikanshy and its affiliates including but not limited to its officers, directors, consultants, agents and employees (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any obligation, covenant, representation or warranty by Users pursuant to these Terms.

b. Further, Users agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, such Users use of the Platform or any of its services any misrepresentation with respect to the data or information provided by Users in relation to their Account, Users violation of these Terms, or Users violation of any rights of another, including any intellectual property rights.

c. Users indemnification obligation under these Terms will survive the termination of their Account or use of the Platform.

d. To the maximum extent permitted by applicable law, Ikanshy, its affiliates, licensors, investors, promoters, agents, officers, or third-party service providers shall not be liable to you or any third party for any direct, indirect, incidental, special, exemplary, punitive or consequential damages, and/or for loss of profits/ revenues/ data/ business, or for any other form of damages in any manner arising out of or in connection with this agreement or for your use of the Platform including, without limitation, any

e. Subject to applicable laws, in no event will Ikanshy or its employees aggregate liability, arising from or related to the use of the Platform, exceed INR 10,000 or the value of the specific order with respect to which the grievance is raised, whichever is lower, for any and all causes of actions brought by Users or on behalf of Users.

f. The Platform is only available to Users located in India. Users shall not access or use the Platform from any other jurisdiction except for India. If a User accesses or uses the Platform from any other jurisdiction except for India, the User shall be liable to comply with all applicable laws and Ikanshy shall not be liable for the same, whatsoever.

11. Grievance Officer:

In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:

Grievance Officer: Mudit Lal
Designation: Director
Email: mudit@ikanshy.com

12. Additional Terms:

Ikanshy may also require Users to follow additional rules, guidelines, policies or other conditions in order to participate in certain promotions or activities available through the Platform (the “Policies”). These Policies shall form a part of these Terms, and Users agree to comply with them when they participate in those promotions, or otherwise engage in activities governed by such additional terms.

13. Third-party websites or apps:

The Platform may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). Ikanshy shall not be responsible for examining or evaluating such third party websites, and Ikanshy does not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of such third party websites. Ikanshy does not assume any responsibility or liability for the actions, product, and content of any such third party websites. Before any Users use/access any such third-party websites, they should review the applicable terms of use and policies for such third party websites. If Users decide to access any such linked third party website, they do so at their own risk.

14. Term and Termination:

a. These Terms of Use will continue to apply until terminated by either the User or Ikanshy as set forth below.

b. Ikanshy may, in its sole discretion, terminate these Terms, restrict, suspend or terminate your use of the app immediately and without notice or liability, if you violate, breach or fail to comply with these Terms in any way, and it will not limit any other rights or remedies which are available to Ikanshy.

c. If the User objects to these Terms or is dissatisfied with the Platform, they can close their Account through the Platform and stop accessing the Platform.

d. Even after an account with Ikanshy is disabled/closed/deleted, these Users shall remain liable for all their uncleared dues with respect to the services availed through the Platform.

e. Users hereby agree and acknowledge, upon termination, Ikanshy shall have the right to retain all information pertaining to the transactions initiated by Users on the Platform.

15. Miscellaneous:

a. Waiver: No provision in these Terms will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by Ikanshy. Any failure by Ikanshy to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by Ikanshy of that provision or right.

b. Severability: If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

c. Governing law and Dispute Resolution: These Terms are governed by and construed in accordance with the laws of India, without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of courts in Lucknow, India with respect to all disputes arising out of or relating to your use of the Platform.

d. Amendment: Ikanshy reserves the unconditional right to modify or amend this Terms of Use, Privacy Policy and Policies without any requirement to notify Users of the same. Users can determine when this Terms of Use was last modified by referring to the “Last Updated” legend above. It shall be the User’s responsibility to check these Terms of Use, Privacy Policy and Policies periodically for changes. The User’s acceptance of the amended Terms of Use or continued use of the Platform shall signify their consent to such changes and agreement to be legally bound by the same.

e. Notice: All notices from Ikanshy will be served by email to the User’s registered mobile phone number or email address or by general notification on the Platform, as the case may be.

f. Assignment: Users cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. Ikanshy’s rights under the Terms of Use are freely transferable by Ikanshy to any third party without the requirement of informing the User or seeking their consent.

g. Entire Agreement: These Terms together with Ikanshy’s Privacy Policy and Policies and any other legal notices, communications published by Ikanshy on its Platform, and any other agreements executed between the User and Ikanshy shall constitute the entire agreement between the User and Ikanshy concerning its Platform and governs the User’s use of the Platform, superseding any prior agreements between the User and Ikanshy with respect to the Platform.