WEBSITE TERMS OF USE

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. 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 require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Optymystix website and mobile application.

The domain name www.optymystix.com (hereinafter referred to as “Website”) and OPTYMYSTIX (hereinafter referred to as “Mobile Application”) are owned by Optymystix Enterprises India Limited a company incorporated under the Companies Act, 1956 with its Corporate office at Optymystix Tower, A -36, Sector – 67, Noida (Uttar Pradesh, India) (hereinafter referred to as “Optymystix “).

Your use of the Website and mobile application services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Website and mobile application including the applicable policies which are incorporated herein by way of reference. If you transact on the Website / mobile application, you shall be subject to the policies that are applicable to the Website / mobile application for such transaction. By mere use of the Website / mobile application, you shall be contracting with Optymystix Enterprises India Limited and these terms and conditions including the policies constitute your binding obligations, with Optymystix.

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Website / mobile application by providing Registration Data while registering on the Website / mobile application as Registered User using the computer systems and mobile phones. The term “We”, “Us”, “Our” shall mean Optymystix Enterprises India Limited.

When You use any of the services provided by Us through the Website / mobile application, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website / mobile application following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website / mobile application.

ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE / MOBILE APPLICATION INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Optymystix Policies (including but not limited to Privacy Policy available at Privacy Policy) as amended from time to time.

Membership Eligibility

Use of the Website / mobile application 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 / Mobile Application. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Optymystix website / mobile application and shall not transact on or use the website / mobile application. As a minor if you wish to use or transact on website / mobile application, such use or transaction may be made by your legal guardian or parents on the Website / mobile application. Optymystix reserves the right to terminate your membership and / or refuse to provide you with access to the Website / mobile application if it is brought to Optymystix’s notice or if it is discovered that you are under the age of 18 years.

Your Account and Registration Obligations

If you use the Website / mobile application, you shall be responsible for maintaining the confidentiality of your Display Name and Password and you shall be responsible for all activities that occur under your Display Name and Password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms of Use, we shall have the right to indefinitely suspend or terminate or block access of your membership on the Website / mobile application and refuse to provide you with access to the Website / mobile application.

Communications

When you use the Website / Mobile Application 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 may communicate with you by email or by such other mode of communication, electronic or otherwise.

Password Protected Parts of the Optymystix Website / Mobile Application

The password-protected parts of the Optymystix Website / Mobile Application are intended exclusively for Optymystix Direct Selling Associate’s. If you do not already know Optymystix Direct Selling Associates and wish to contact one, please use the Contact Form available at www.optymystix.com

Please note: Passwords should not be given to third parties and must be protected from unauthorized access. If you become aware of any unauthorized use of your password, you should notify Optymystix immediately. Optymystix disclaims any liability and responsibility for damage caused as a result of improper use of passwords.

Optymystix’s Privacy Statement and Policies

All personal data provided to Optymystix while using the Website / mobile application will be handled in accordance with the Privacy Notice. If you register or log in as an Optymystix Direct Selling Associates, the Privacy Policy for Optymystix Direct Selling Associates applies in addition.

All information provided to Optymystix during the use of the Optymystix Website / Mobile Application must be correct, complete, and up to date. If we have reason to believe that incorrect, incomplete or outdated information has been provided, access to the Optymystix Website / Mobile Application may be limited or blocked.

Copyright and Use of Optymystix Website Materials

The Optymystix Website / Mobile Application and materials made available are protected by intellectual property rights, including copyrights, trade names and trademarks, including the name “Optymystix” and the Optymystix logo are owned by Optymystix Enterprises India Limited or used by Optymystix under a license or with permission from the owner of such rights. Materials protected by such intellectual property rights include the design, layout, look, appearance, graphics, photos, images, articles, stories and other materials available on the Optymystix Website / Mobile Application (collectively, “Website Materials”).

Website / Mobile Application Materials may only be reproduced, distributed, published or otherwise publicly presented based on a prior written consent by Optymystix. As an exception to this rule, Optymystix grants Direct Selling Associates a limited, non-exclusive, revocable license to use Website / mobile application materials solely for the purposes of operating their Direct Selling business by downloading, storing, printing, copying, sharing and displaying these materials, provided that the Material is unaltered and the source of information is quoted in case any Website / mobile application materials are disclosed to third parties. Should you have additional questions on the use of the Website / mobile application materials, please contact us through the Contact Form.

The right to use the password-protected parts of the Optymystix Website / Mobile Application as an Optymystix Direct Selling Associate ends on termination of the Direct Selling Associate Contract without the need for any further actions by Optymystix. In the event of termination thereof, the Direct Selling Associate must delete or destroy all stored, printed or copied materials, unless they must be retained to comply with legal requirements.

Limitation of Liability, Disclaimer of Warranties and Indemnification

To the extent permitted by applicable law, neither Optymystix nor its affiliates shall be liable for any direct, indirect, consequential or other damages whatsoever, including but not limited to property damage, loss of use, loss of business, economic loss, loss of data or loss of profits, arising out of or in connection with your use or access to, or inability to use or access the Optymystix Website / Mobile Application or its content.

Optymystix will use reasonable efforts to ensure that the information and materials provided on the Website / Mobile Application are correct. However, Optymystix cannot guarantee the accuracy of all information and materials and does not assume any responsibility or liability for the accuracy, completeness or authenticity of any information and materials contained on the Website / Mobile Application. We do not warrant that the operation of the Website / Mobile Application will be uninterrupted or error-free, or that this Website is free from viruses or other components that may be harmful to equipment or software. Optymystix does not guarantee that the Optymystix Website / Mobile Application will be compatible with the equipment and software which you may use and does not guarantee that the Optymystix Website / Mobile Application will be available all the time or at any specific time.

You agree to indemnify, defend and hold Optymystix and its affiliates harmless from any liability or loss, related to either your violation of these Website Terms of Use or your use of the Optymystix Website / Mobile Application.

Restricting or Blocking Access to the Optymystix Website for Violations of the Website Terms of Use

In case of a violation of these Website Terms of Use, particularly in case of use of the Optymystix Website / Mobile Application or individual elements of the Optymystix Website / Mobile Application for other than its intended use, access to the Optymystix Website / Mobile Application may be restricted or blocked. Optymystix generally reserves the right to partially or entirely alter, block, or discontinue the Optymystix Website / Mobile Application or its content at any time and for any reason.

Severability Clause

Should one of the provisions of these Website Terms of Use be invalid or declared invalid by a court, this will not affect the validity of the remaining terms.

Choice of law, Jurisdiction and Venue

The use of the Optymystix Website / Mobile Application and these Website Terms of Use are governed by the laws of the Republic of India. The district courts of New Delhi (India) have exclusive jurisdiction and venue for any disputes arising from or in connection with the use of the Optymystix Website / Mobile Application or these Website Terms of Use.