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TERMS OF SERVICES AND AGREEMENT GOVERNING USE OF THE WEBSITE 

Please read this document carefully as it binds you to have accepted all the Terms of Services (TOS), including Privacy Policy, laid down in this document of www.onceagain.club , a website owned by Once Again Ecomm Private Limited, (hereinafter referred to as “Website” or ‘Site’ or “Once Again” or Company” or “we” or “our”). The Website allows you to browse, search, select, add to cart, purchase and sell listed products (“Goods” or “Products” or “Services”).

These TOS are effective upon creation of a user account on Site and governs the relationship between you and Once Again Ecomm Private Limited, a company incorporated under Companies Act, 1956 having its registered office at A-103 Rosewood, Mayur Vihar Phase 1 Ext., New Delhi-110091 (hereinafter the “Company”) including posting of comments, reading the blogs, creating blogs and through the sale and supply of any Products and Services on the Website.

If this TOS conflicts with any other of the Company document, the TOS listed here will prevail for the purposes of usage of the Website. If you do not agree to be bound by this TOS and the Privacy Policy, you cease access to the Website and inform us. For the purposes of this TOS the term ‘Acceptance’ shall mean your affirmative action in clicking on any ‘Check box’, or “Next” and or the ‘Continue button’ as provided on the user registration page or such similar other actions that imply your acceptance to our agreement.

The Company may amend this Agreement and/or the Privacy Policy at any time by posting a revised version on the Website. All updates and amendments shall be notified to you via posts on website or through e-mail. The revised version will be effective immediately and your continued use of our Website is implied acceptance to the revised TOS and Privacy Policy.

In addition, if the revised version of this Agreement includes a Substantial or Material Change, Company will provide you with a 30 days’ notice. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this Agreement.

Please read these terms and conditions carefully as you will be subject to the guidelines and conditions applicable in your continued interactions, usage of the website, and/or purchase of Products and Services from the Company and its affiliates and partners.

The Company takes no responsibility for the Products and or Services that are made available to you and are being offered on as is where in basis. The Company makes no claims or warranty to their end users for the quality, safety, usability, or other aspect of the Product and/or Service.

To read the complete TOS, please see below:

STANDARD OPERATIONS: From our Website, we provide our users with access to Products and Services listed and available to browse which can be purchased at the price, as discounted from time to time and explicitly mentioned on the Website. The privilege to use the Website is personal to the User and is not transferable to any other person or entity. You shall be responsible for protecting the confidentiality of your used ID & password(s) combinations. You acknowledge that interruptions, if any, in use of Website are beyond the control of the Company. The Webite may also be unavailable from time to time for any reason including, without limitation, maintenance, fixes and upgrades.

USER ACCOUNT, YOUR INFORMATION, AND ANY MEMBERSHIP/LOYALTY CATEGORIZATIONS: Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. We reserve the right to terminate your membership, cancel any orders and refuse to provide you with access to the Website if it becomes known to us that you are under the age of 18 years.

In consideration of your use of the Website, you represent that you are of legal age to form a binding contract you also agree to provide true, accurate, verifiable current and complete information about yourself in the registration. We have the right to suspend or terminate your account and refuse any and all current or future access or services, if we have reasonable doubt on the accuracy and authenticity of information provided by you. You also agree to be responsible for maintaining the confidentiality of your account and password including cases when it is being used by any of your family members, friends or relatives, whether a minor or an adult. You further agree to accept responsibility for all transactions made from your account and any dispute arising out of any misuse of your account by any whosoever person. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. Company retains absolute right to refuse Products, Services, access to Website and, terminate accounts, and/or remove or edit content in our sole discretion.

PRODUCTS (USED OR NEW): Company wishes to showcase quality products at great value to its customers. Quality and Value and relative terms and subject to various opinions. Company, wishes to serve its commerce base well and as such will take care to truly represent its perception of quality and/or value without any bias to anyone. Although every effort is made to depict the true colors and conditions, Company takes no responsibility of how it renders on the end user devices. It is therefore, important, for you to accept that quality and value statements made by the Company on its Website, or email or promotions are its own perceptions and you are encouraged to draw your own independent opinion and conclusions by reading narrative, interpreting prices, looking at the pictures, researching through other websites and search engines and consulting other peer and/or friends/family groups to help you. Company and you agree that the final decision to purchase is made entirely by you after a thoughtful consideration and in no circumstances, can you claim and dispute Company assertions on the listed products.

Until the time, a sale is completed; the items are treated as loans in our books and remain to be the property of the owner, temporarily handed over to the company. Items listed are for tax inclusive prices and once the sale is completed, and the cooling period is completed, the amount, minus taxes, selling fee and other associated expenses are deducted and balance is remitted to the owner of the item.

COMMUNICATIONS: When You use the Site or send emails or other data, information or communication to us, You agree and understand that You are communicating with us through electronic records and You consent to receive communications via electronic records from us periodically and as and when required. We will communicate with You by email or by an electronic record on our Site which will be deemed adequate service of notice / electronic record.

WEBSITE LICENSE AND ACCESS: Consequence of your accepting TOS, you are granted a user license to access and make use of the Website. The sole purpose of this license is to evaluate the Products and Services to purchase and obtain associated clarifications and customer and community services. This license does not include any copying of account information for the benefit of another vendor or any other third party; or uploading, posting, or transmitting any content that you do not have a right to make available or something that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Any unintended and unauthorized use by you shall terminate this license granted and your future access to this Website.

PRICING, PROMOTIONS AND CANCELLATION BY COMPANY: We strive to provide you with a fantastic combination of quality and value. Products & Services listed here are exclusive and are unique for you to buy from us. We make no guarantee that the price will be the lowest by any comparisons. Our Prices and availability are subject to change without any prior notice. Many times, an item sold is withdrawn at the final quality check if it uncovers some new defects or details which makes it inappropriate to complete the sale and shipment process. There are also instances, where an item before shipment, may go through additional cleaning and or restoration process. In rare circumstances, such steps can uncover a latent defect in color or fabric which can make it obligatory for us to cancel the sale. Therefore pricing & delivery is subject to our policy and the governed only at our sole discretion.

CANCELLATIONS BY YOU: In case of requests for order cancellations, we reserve the right to accept or reject requests for order cancellations for any reason. Items listed on our Website are unique and have a quantity of “One”. When you make a purchase, you make this item unavailable to other buyers as the system makes the stock zero. Consequently, in most cases, we are unable to accept cancellation requests. You are requested to make up your mind prior to making the purchase and making the payments.

FRAUDULENT TRANSACTIONS: Users with more than one account or availing our services fraudulently shall be liable for cancellation of their accounts. We also reserve the right to legal actions under applicable law and we will endeavor to recover the cost of goods, collection charges and reasonable attorney/lawyer fees from persons. All our actions resulting from users fraudulent use of the Website, we shall owe no liability or for any refunds.

CREDIT / DEBIT CARD DETAILS: You agree, understand and confirm that the credit card details provided by you for availing of services on the Site will be correct and accurate and you shall not use the card which is not lawfully owned by you. We will safeguard the said information and not shared with any of the third parties unless required for fraud verifications or by law of the land. We will not be liable for any fraudulent use of your debit and/or credit card. You are requested to ensure safe keeping of the same.

DISCLAIMER OF WARRANTY & LIMITATION OF LIABILITY: All content, products, and services on the Website are provided to you "as is" and without warranty of any kind either expressed or implied. Other than as may be required under the laws, will we be liable for any loss or damage caused by a user's reliance on information from our Website. Please seek the advice of professionals, as appropriate, make your own due diligence research before making any decisions. You expressly understand and agree that the company and its subsidiaries, affiliates, officers, employees, shall not be liable to you for any damages for loss resulting from use of the Website.

AFFILIATIONS AND NOTICES: None of the provisions of this Agreement shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner whatsoever. Any notices shall be given by postal mail to A-103, Rosewood, Mayur Vihar Phase 1 Extn, Delhi-110091 and to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process.

ARBITRATION: If any dispute arises between you and the Company during your use of the Website or thereafter, the dispute shall be referred to a sole Arbitrator. Company, with its sole discretion can select an Arbitrator, who is an independent and neutral third party. The place of arbitration shall be New Delhi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

GOVERNING LAW: This Agreement, and the Privacy Policy or the documents they incorporate by reference shall be governed and construed in accordance with the laws of India, with exclusive jurisdiction conferred on the courts at New Delhi.