Term & Condition

Content Posted on the Platform

All text, graphics, seller interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, notes, messages, emails, billboard postings, drawings, profiles, opinions, ideas, images, videos, audio files, other material or information (collectively ‘Content’) are third-party generated Content and O2N has no responsibility or liability over such third-party generated Content as O2N is merely an intermediary for the purposes of this “O2N T&C”. Except as expressly provided in the “O2N T&C”, no part of the Platform including the Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to any other computer, server, website or other medium for publication, distribution or any commercial enterprise without O2N’s prior written consent.

You may use the information on the products and services made available on the Platform for downloading provided you:

(1) do not remove any proprietary notice language in all copies of such Content;

(2)  use such Content only for your personal, non-commercial informational purpose and do not  copy or post such information on any networked computer or broadcast it to any media;

(3) make no modifications to any Content; and

(4) do not make any additional representations or warranties relating to the Content.

You shall be responsible for the Content posted or transmitted on the Platform by You. The Content will become our property and you grant us the worldwide, perpetual, royalty free and transferable rights in such content. We shall be entitled to, consistent with our privacy policy as adopted in accordance with applicable law,  use the Content or any of its elements for any type of purpose forever, including, but not limited to, promotional and advertising purposes in any media, whether now known or hereafter devised or the creation of derivative work. You agree that any content you post may be used by us, consistent with this “O2N T&C”, and you are not entitled to any payment or other compensation for such use.

Limited License

O2N grants sellers a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use "Powered by O2N" and/or “o2n.co.in” name and/or logo on seller’s invoice for transactions concluded on the Platform. Further, O2N grants sellers a limited, non-transferable, non-exclusive, non-sublicensable, non-assignable and personal license to use “o2n.co.in” name and/or logo on packing material used by sellers for delivery of Products sold on the Platform.

Payment

1. Transactions, transaction price and all commercial terms such as delivery, dispatch of products  and/or services are as per principal to principal bipartite contractual obligations between sellers and buyers and the payment facility is merely used by sellers and buyers to facilitate the completion of transactions. Use of the payment facility shall not render O2N liable or responsible for non–delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after-sales or warranty services or fraud as regards the products and/or services listed on the Platform. O2N will try its best to provide the best service to the customers so that whatever goods the customer orders, they will be sent to the customers by seller in condition and it will be take care by the logistics part also so that no item will damaged during the shipping.

2. You have specifically authorized O2N or its service providers to collect, process, facilitate, and remit payments and/or the transaction price electronically or through cash on delivery (CoD) to and from buyers in respect of transactions through payment facility. Your relationship with O2N is on a principal to principal basis and by accepting the “O2N T&C”, you agree that O2N is an independent contractor for all purposes and does not have control of or liability for the products or services that are listed on the Platform and paid for by using the payment facility. O2N does not guarantee the identity of any User nor does it ensure that a buyer or a seller will complete a transaction.

3. You understand, accept, and agree that the payment facility provided by O2N is neither a banking nor financial service, but merely a facilitator providing an electronic, automated online electronic payment facility for receiving payment, or cash on delivery (CoD) payment, collection and remittance for transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway (PG) network. Further, by providing payment facility, O2N neither acts as a trustee nor fiduciary with respect to transaction or transaction price.

It is hereby clarified that cash on delivery (COD) option may not be available for selected products or categories, at O2N’s sole discretion.

4. All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank that supports payment facility to provide these services to the users. All such online bank transfers or payment facility are also governed by the terms and conditions agreed to between a seller buyer and the respective issuing bank.

Dispatch of products and/or services 1.  You, as a seller, shall be required to dispatch the products and/or services for every transaction to the buyer within the time period as provided in the “O2N T&C” to ensure that the products and/or services are delivered in a timely manner. Further, you will solely be responsible for undertaking transit insurance for products sold by you on the Platform. For avoidance of doubt, O2N will not be responsible for undertaking any insurance(s) for products sold by sellers on the Platform

2.  Seller shall provide dispatch details and details of after-sales services related to products and services listed by it on the Platform to O2N in such a manner and within a time period as provided in the policies, failing which the transaction shall stand cancelled.

3.  Seller shall dispatch the products and/or services using only an approved delivery channel which provides appropriate ‘proof of dispatch’ & ‘proof of delivery’ (PoDs) documentation. Such PoD documentation relating to delivery should be maintained by a seller for a period of 3 (three) years from the date of dispatch. The PoDs should be furnished to O2N on demand within the time frame as notified from time to time.

4.  Seller agrees that the dispatch details shall be true, correct, and duly authorized and shall not be misleading, fraudulent, false, unauthorized, and illegal and shall not contain any misrepresentation of facts. If any seller willfully gives any item purchased wrong or broken or if the item is different from what is being displayed online for this sellers will be responsible for this and action can be taken against them and whatever shipping charges for return or replacement is that will be paid by the sellers only.

5.  In case a seller fails to provide dispatch details or provides dispatch details not complying with policies, it shall result in consequences as more specifically stated in the “O2N T&C” and may lead to suspension and/or termination of seller account.

6.  Seller agrees that the transaction price paid by a buyer will be remitted to a seller’s bank account contingent upon the following events:

a) Buyer confirms the delivery of products and/or services in the transaction;

b) Buyer does not take any action on payment facility to confirm delivery within such a time period as provided in the policies despite confirmation of dispatch of products and/or services by a seller to the buyer;

c) Buyer’s refund claim is rejected by O2N due to any breach of the “O2N T&C”, policies, and any applicable law;

Once the transaction is completed by the Seller, the remittance to seller shall be made in accordance with RBI Intermediary Guidelines.

7. You are required to route all shipments/consignments through the Logistic Partner, unless otherwise specified. ‘Logistic Partner’ shall mean a logistic service provider as approved by O2N. 

8. If any seller willfully gives any item purchased wrong or broken or if the item is different from what is being displayed online, for this sellers will be responsible for this and action can be taken against them and whatever shipping charges for return or replacement is that will be paid by the sellers only.

Prepaid Payment Instruments

O2N may, either itself or through third-party service providers, offer prepaid instruments as a payment option for transactions on the Platform to users. Any purchases by buyers on the Platform using the prepaid instruments shall be governed by the following terms and conditions:

1. Such prepaid instruments may be used to make payments for the products and/or services purchased on the Platform

2. Such prepaid instruments can be redeemed by buyers by selecting the payment mode as may be provided on the Platform.

3. Such prepaid instruments cannot be used to purchase other prepaid instruments or gift vouchers.

4. If the order value exceeds the amount of such prepaid instruments, the balance must be paid by the respective buyer via Credit Card/Debit Card /Internet Banking. COD shall not be available as payment option for such transactions.

5. If the order value is less than the amount of such prepaid instruments, the outstanding balance (after deduction of order value) will reflect as credit balance for such prepaid instruments.

6. Prepaid instruments and any unused balance of such prepaid instruments shall expire 1 year from the date of their issue.

7. Prepaid instruments cannot be redeemed for cash.

8. O2N is not responsible if prepaid instruments are lost, stolen, or used without permission.

9. Buyers can combine and use a maximum of 3 prepaid instruments per order. They can be combined with promotional codes.

10. Purchases of prepaid instruments are not eligible for cashback offers.

11. All sellers on the Platform will accept this prepaid instrument as a payment instrument.

12. O2N will make payments to sellers whose products and/or services have been purchased by buyers redeeming electronic gift vouchers (EGV) as per the guidelines issued by the Reserve Bank of India from time to time.

Financial Facilities for customers

O2N has op-erationalize tie-ups with multiple partners for providing financial assistance to customers for purchasing products on the platform and thereby enhancing the transaction capability of customers. In pursuance of the same, in the event of the customers opting for the financial assistance program and you duly receiving such amounts from the partners (on behalf of the customers), you hereby agree to assign all receivables from the customer for such transaction. Therefore you hereby agree that without any further action on your part, upon receipt of the amount due from such partners, any and all receivables due from the customers shall stand assigned in favour of the partner. You hereby authorize O2N to enter into any documentation on your behalf to complete and perfect the assignment. Upon such assignment, the financing partner shall have all the rights as the seller may have had in relation to the collection of receivables from the customer and the customer shall be required to repay the financing partner directly. The lending partner further reserves the right to assign and transfer such receivables under these terms and conditions to an NBFC/financial institution as it may deem fit.

Charges

Registration fee on the Platform is free for users unless they are becoming a Vendor (i.e business partner) of O2n. O2N does not charge any fee for browsing/registering on the Platform. However, before you list a product or service for sale through the Platform, we request you to review our fee policy, which is hereby incorporated by reference into this “O2N T&C”. O2N reserves the right to change its fee policy from time to time. In particular, O2N may, at its sole discretion, introduce new services and modify some or all of the existing services offered on the Platform. In such an event, O2N reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR) and payable to O2N. You shall be solely responsible for compliance with all applicable laws for making payments to O2N. You hereby agree that O2N shall have the right to set off any amounts due and payable by You to O2N against any payments due from O2N to You.

GST /Taxes:  You are responsible for paying all fees associated with the use of the Platform and charges collected in respect of such usage.  You agree to bear any and all applicable taxes, charges, cess levied thereon (including CGST+SGST/IGST/CGST+UGST and GST cess as may be applicable to the transaction).

1.  A seller agrees that O2N may offer to provide express remittance to eligible sellers as per payments settlement policy. Express Remittance shall be subject to RBI Intermediary Guidelines and arrangements/directions of the nodal bank. O2N, at its sole discretion, may make such an offer to eligible sellers and the same shall not be construed as a right but only as a privilege. Eligible sellers understand that O2N reserves the right to withdraw Express Remittance at any time for any violation of the “O2N T&C” or O2N’s policies and/or failure by the eligible sellers to maintain or comply with the parameters as may be decided by O2N from time to time.

2. Invoice generation: A seller expressly agrees for issuing correct and complete invoice with primary responsibility to a customer. We will assist you with this process by generating an invoice on your behalf if any of you is unable to provide a invoice in exception cases. But for us to generate these invoices, we would need a digital image of your signature which will be affixed on the invoice. The invoice shall then be generated and sent to the seller. The seller shall be required to physically sign the invoice, print the invoice and affix the same on the consignment. The invoice generated by O2N shall be affixed by the seller on the consignment. Notwithstanding anything else contained in these terms of use, the seller shall be solely liable for any liability which may be imposed by taxation authorities for any discrepancy in the invoices. 

A seller expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of a seller. Furthermore, the seller shall ensure that invoices state ‘Powered by O2N’ and failing to do so, a seller shall be liable to chargebacks (as applicable).

3. In case of any chargebacks levied by the bank, O2N shall have the right to deduct such chargebacks from seller remittances, present and future, and a seller’s only remedy will be to discuss and resolve the same with the bank. A seller hereby agrees to extend full co-operation in resolving the chargeback disputes raised by a buyer through the bank and shall provide necessary documentation regarding the transaction to the complete satisfaction of the bank. In case the chargeback is ruled against a seller, O2N shall be entitled and authorized to recover the same from the seller to its fullest extent and the bank’s decision shall be final and binding in this regard. In the event O2N has made any excess payment to the seller inadvertently, such excess payments shall be set-off from any future payments payable by O2N to the seller.

4.  O2N may delay notifying the payment confirmation, i.e. informing the seller to dispatch if O2N deems suspicious or a buyer conducts high transaction volumes to ensure safety of the transaction and transaction price. In addition, O2N may hold transaction price and not inform seller to dispatch or remit transaction price to law enforcement officials (instead of refunding the same to a buyer) at the request of law enforcement officials or in the event of a buyer being engaged in any form of illegal activity.

5.  Sellers acknowledge that O2N will not be liable for any damages, interests, claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price that is beyond the control of O2N.

6. O2N shall make payments into the bank account provided by a seller during the seller registration process. Once O2N has made payments into such a bank account number, O2N shall be discharged of any/all liabilities towards the seller and the seller shall not be eligible for any claims whatsoever.

Compliance with Laws:

1.Seller shall sign an undertaking stating that they have obtained and will continue to maintain in force all the necessary licenses, permissions, authorizations, and permits needed to distribute, market, supply and sell (“Products”) on www.o2n.co.in under applicable laws, from time to time, including, the Food Safety and Standards Act, 2006, Food safety and standards (licensing and registration of food business), Regulations, 2011 and all applicable legislations under Food Safety and Standards Regulations, in each case, as amended from time to time. For all times during which the seller may advertise, distribute, market, supply or sell the Products on www.o2n.co.in, the undertaking remains true and correct in all respects. Further, the seller shall immediately notify O2N Enterprises, in writing, upon the lapse of the FSSAI License and/or in case of receipt of any order, demand, warrant or document or any regulatory action with respect to the FSSAI License. The seller acknowledges and agrees that O2N Enterprises shall be permitted to assign or otherwise furnish the undertaking to any authority or person as may be required for official purposes.Seller shall also comply with the Legal Metrology Act, 2009 and the related rules and regulations while listing products on the platform o2n.co.in. Seller shall be required to enter the mandatory attributes while listing products on the platform (including but not limited to the country of origin of the product) as provided under the Legal Metrology Packaged Commodity Rules and the related amendments. 

 

2. In the event of sale of jewellery, the seller shall provide a hallmark certificate (in accordance with applicable laws) along with the product at the time of delivery. Further, it shall be sole responsibility of the Seller to comply with hallmarking or other similar provisions applicable for the sale of jewellery and O2N shall not be liable whatsoever for any non-compliance in this regard.

3.  In the event of sale of jewellery, Seller shall ensure conducting of buyer KYC in accordance with the prevention of anti-money laundering laws and other applicable laws. O2N hereby disclaims any responsibility for conducting Buyer KYC.

4. Seller shall comply with all laws and regulations applicable, including but not limited to anti-money laundering (including ‘know your customer’ and ‘customer due diligence’), and economic sanctions laws and regulations. Neither party will engage in a transaction pursuant to this “O2N T&C” that will cause the other party to violate such regulations.    

5. Seller shall ensure that no products are sourced or used in the manufacturing or in the provision of services which originate wholly or in part, from any of the prohibited countries stated in the ‘OFAC Regulations and Other Applicable Sanctions Regulations’.

6. If and to the extent that you collect, access, use, store, record, or otherwise process (collectively “Process”) any personally identified or identifiable information such as name, age, gender, email address, physical address, phone number, in any form that can be linked to a specific individual (“Personal Information”) received by you from or on behalf of O2N (or any O2N group company) employees, contractors, users, partners, or other third parties or otherwise obtained in connection with performing your obligations under this “O2N T&C” (“O2N’s Personal Information"), you agree to: 

1. comply with applicable data protection laws, rules and regulations governing the collection, use, protection, breach notification, retention, disclosure of Personal Information including but not limited to Information Technology Act, 2000 and the Information Technology (Reasonable Security practices and procedures and sensitive personal data or information) Rules, 2011 (“Applicable Data Protection Law”), including any requirements applicable to storage or cross-border transfer of Personal Information outside India;

2. keep and maintain all O2N’s Personal Information in strict confidence and the obligation to protect Personal Information shall survive in perpetuity.

3. process O2N’s Personal Information solely to fulfil Your obligations under this “O2N T&C” and not sell, rent, trade, lease, use for its own advertisement or marketing purposes,  or otherwise make an unauthorized disclosure of O2N’s Personal Information to any third party. 

7. If and to the extent that you provide yours or others’ Personal Information to O2N for processing, you warrant that such Personal Information was collected lawfully, and there is no restriction on you under the Applicable Data Protection Law, from providing such Personal Information to O2N or any processing by O2N under this “O2N T&C”. We will only use information provided by you in accordance with this “O2N T&C” and our Privacy Policy available at o2n.co.in.

 

8. You undertake sole and exclusive responsibility to ensure that the products you want to list on o2n.co.in for Sales are permissible for such a Sale and are not prohibited or restricted per one or many conditions imposed by the extant laws of the land, O2N’s Prohibited and Restricted Items Policy, or other O2N policies/Indian Laws listed in o2n.co.in.

 

9. Products must adhere to the legal metrology laws and Indian Labeling requirements by ensuring that the indicated weights and measurement indicated in the products and/or its components are commensurate with the mandatory and legal requirements of the same which make the product and/or components accurate, authentic and secure for consumption/utilisation by the customer. O2N does not assume any responsibility for the proceedings undertaken by an aggrieved customer/consumer  against the seller in the event of a non-adherence. However, in the event of a complaint from a consumer/customer, the seller is obligated to answer queries on the non-adherence to the Legal Metrology Laws, failing which O2N can temporarily/indefinitely suspend/terminate/block/with-hold your account at its own discretion.

 

Product Description

O2N does not warrant that product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

Audits

O2N shall have the right to inspect and audit seller’s records and premises / place of business through itself or through O2N approved third party testing agencies. Cost of such an audit shall solely be borne by O2N unless the audit reflects discrepancy in seller accounts / non-compliance with O2N’s seller policies, in which case the cost of audit shall be borne by the seller.

Breach

Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions immediately, temporarily/indefinitely suspend/terminate/block your account and/or refuse you access to the Platform, or put your account on hold, in the event of, including but not limited to, the following:

1. if you breach the “O2N T&C”, privacy policy or other policies (if any);

2. if we are unable to verify or authenticate any information you provide; 

3. if it is believed that your actions may cause legal liability for you, other users, or us; or

4. if you do not produce the legal requirement documents such as, the documents required for product sales in the Drugs and Cosmetics category, the BIS license documents, the Brand Authorization letter, or a Trademark registration proof, as may be required by O2N Authorities.

 

We may at any time, at our sole discretion, reinstate suspend sellers. A seller that has been suspended or blocked may not register or attempt to register with us or use the Platform (through itself or any other entity or legal form) in any manner whatsoever until such time that such a seller is reinstated by us. Notwithstanding the foregoing, if you breach the “O2N T&C” or other rules and policies, we reserve the right to recover any amounts due and owed by you to us and take strict legal action, including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

Remunerate

You shall indemnify and hold harmless O2N its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees from any claim, demand, or actions including reasonable attorneys' fees made by any third party or penalty imposed due to or arising out of your breach of the “O2N T&C”, privacy policy and other policies or your violation of any law, rules, regulations or the rights (including infringement of intellectual property rights) of a third party.

Trademark complaint

O2N respects the intellectual property of others. In case you feel that your trademark has been infringed, you can write to O2N at trademark@O2N or ss@O2N.

Copyright complaint

O2N respects the intellectual property of others. In case you feel that your work has been copied in any way that constitutes copyright infringement you can write to O2N at copyright@O2N or raise an incident from your seller dashboard

Trademark, Copyright and Restriction

The Website is controlled and operated by O2N and products are sold by respective registered sellers. All material on the Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit, or distribute O2N’s or other sellers’ material in any way, including by email or other electronic means and whether, directly or indirectly, you must not assist any other person to do so. Without the prior written consent of the owner, modification or use of the material on any other website/networked computer environment or for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights is prohibited. Any use for which you receive any remuneration, whether money or otherwise, is a commercial use for the purposes of this clause.

Limitation of Liability

IN NO EVENT SHALL O2N BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE “O2N T&C”, EVEN IF O2N HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Applicable Law

The “O2N T&C” shall be governed, interpreted, and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be Jharkhand.

Jurisdictional Issues/Sale in India Only

Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. O2N makes no representation that the material on the Website is appropriate or available for use in other locations/countries other than India. Those who choose to access the Website from other locations/countries other than India do so on their own initiative and O2N is not responsible for supply of products/refund for the products ordered from other locations/countries other than India and compliance with local laws, if and to the extent local laws are applicable.

Contact Us

Please send any comments or questions, including all enquiries not related to trademark and copyright infringement, by raising an incident from your seller dashboard.

Grievance Officer

In accordance with the IT Act, 2000, and the rules thereunder, the name and contact details of the grievance officer are provided below: