Please read the following terms and conditions carefully before registering, accessing, browsing, downloading or using the Site or App (defined below). By accessing or using the Site or by using the Service (defined below), you agree to be bound by these terms and conditions set forth below including any additional guidelines and future modifications. If at any time you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not access or use the site or app and immediately terminate your use of the services.
Your Agreement to these Terms and Conditions for availing Service
The Terms and Conditions (as may be amended from time to time, the “Agreement”) is a legal contract between you being, an individual customer, user, or beneficiary of this service of at least 18 years of age, and Ocean Technologies Limited (Ocean Technologies) having its registered office at #C2 & C3, C/O Hitech Engineering, SAIL Stock Yard, Angol Industrial Estate, Udyambag, Belagavi – 590006, Karnataka, India. All services are rendered by Ocean Technologies through its platform under the brand name ‘Ocean Technologies’. Hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of Ocean Technologies. (together with its subsidiaries and other affiliates, “us”, “We” or “Ocean Technologies”), regarding your use of our promotions/coupons services to redeem or avail discounts at merchant partners or such other services which may be added from time to time (all such services are individually or collectively are referred as Service or Services as the case may be).
Service can be used by you subject to your adherence with the terms and conditions set forth below including relevant policies. Ocean Technologies reserves the right, at its sole discretion, to revise, add, or delete portions of these terms and conditions any time without further notice. You shall re-visit the “Terms & Conditions” link from time to time to stay abreast of any changes that the “Site” or “App” may introduce.
The services are not available to persons under the age of 18 or to anyone previously suspended or removed from the services by Ocean Technologies. By accepting these Terms & Conditions or by otherwise using the Services or the Site or the App, You represent that You are at least 18 years of age and have not been previously suspended or removed from the Services. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.
We are a Reseller or Facilitator Only. Ocean Technologies does not provide retail products sales & service and is only a reseller of promotions/coupons by its merchant partners (including customers or other distributors or or affiliates or aggregators of such services). Ocean Technologies is not a warrantor, insurer, or guarantor of the promotions/coupons or services provided there off by the merchant partners. Promotions/Coupons sent/displayed by us to you is sent/shared without recourse against us for any breach of contract by the Merchant Partner. Any disputes regarding the validity, quantity, cost, expiration, or other terms of the Promotion/Coupon received must be handled directly between You (or the recipient of the Recharge) and the Merchant Partner.
In order to use the Service, you may need to obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must have all equipment necessary to make such connection to the World Wide Web, including a smart phone, computer and modem or other access device.
Ocean Technologies App service to receive digital bills/receipts and/or promotions & coupons is offered to you FREE of cost. However, Ocean Technologies and/or the Ocean Technologies merchant partner reserve the right to charge and recover from the User, fees for availing the Services. These changes shall be effective from the time they are posted on to the Ocean Technologies Website or over the Ocean Technologies merchant partner channel through which you are availing the Service. You are bound by such revisions and should therefore visit the Ocean Technologies Website or check with the Ocean Technologies merchant partner channel through which you are availing the Service to review the current fees from time to time. In the event that you stop or seek a reversal of the Payment Instructions as may have been submitted, Ocean Technologies shall be entitled to charge and recover from you and you shall be liable to pay such charges to the Service as may be decided by Ocean Technologies.
Ocean Technologies offers a convenient and secure way to receive digital bills/receipts onto your smart phone using a secure Internet connection.
Depending upon the Ocean Technologies merchant partner through whom the Service is availed by you (i) the specific features of the Service may differ (ii) the number of Promotions/Coupons available over the Service can differ (iii) the type and range of Promotions/Coupons that can be used can differ and (iv) the modes/devices over which the Service can be accessed can differ; and (v) the charges, fees for availing the Service or any aspect of the Service can differ. Specific details related to these aspects would be available with the Ocean Technologies merchant partner or the channel over which the Service is being availed.
In accepting the Bills/Receipts Service, you agree to:
Provide true, accurate, current and complete information about yourself (“Registration Data”), your mobile number and Maintain and promptly update the Registration Data, Mobile number to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Ocean Technologies has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Ocean Technologies has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Ocean Technologies assumes no responsibility and shall incur no liability if you are unable to use/receive the bill/receipt owing to any one or more of the following circumstances:
If the Mobile number provided by you to the merchant partner is incomplete, inaccurate, invalid and delayed.
If the device you are using to access/receive the bill is in a location which has no or very bad Internet connection.
If the merchant partner has problem with his/her Internet connection.
If there are delays delivery or the push notification or SMS service due to our dependency on other third-party service providers.
Circumstances beyond the control of Ocean Technologies (including, but not limited to, fire, flood, natural disasters, bank strikes, power failure, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force or hacking)
Promotion/Coupon redemption is purely subjected to standard and specified terms and conditions mentioned by the respective retailer or merchant partner. Promotions/Coupons are issued/shared with you on behalf of the respective merchant partner. Hence, any damages, injuries, losses incurred by the end user by using the coupon is not the responsibility of Ocean Technologies.
This main T&C of Ocean Technologies supersedes any offer related to Ocean Technologies.
By accepting the terms and conditions the customer accepts that Ocean Technologies may send the alerts/notifications to the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer. The customer acknowledges that the alerts will be received only if the mobile phone is in PowerON mode to receive the SMS. If the mobile phone is in Off’ mode then the customer may not get / get after delay any alerts sent during such period.
Ocean Technologies will make best efforts to provide the service and it shall be deemed that the customer shall have received the information sent from Ocean Technologies as an alert on the mobile phone number provided during the course of shopping/purchase and Ocean Technologies shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert/notification. The customer cannot hold Ocean Technologies liable for non-availability of the service in any manner whatsoever.
The customer acknowledges that the SMS service provided by Ocean Technologies is an additional facility provided for the customer’s convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event the customer observes any error in the information provided in the alert, Ocean Technologies shall be immediately informed about the same by the customer and Ocean Technologies will make best possible efforts to rectify the error as early as possible. The customer shall not hold Ocean Technologies liable for any loss, damages, claim, expense including legal cost that may be incurred/ suffered by the customer on account of the SMS or Push notification facility.
The customer acknowledges that the clarity, readability, accuracy, and promptness of providing the service depend on many factors including the infrastructure, connectivity of the service provider. Ocean Technologies shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
The customer agrees to indemnify and hold harmless Ocean Technologies and the SMS/Push notification service provider including its officials from any damages, claims, demands, proceedings, loss, cost, charges and expenses whatsoever including legal charges and attorney fees which Ocean Technologies and the SMS/Push notification service provider may at any time incur, sustain, suffer or be put to as a consequence of or arising out of (i) misuse, improper or fraudulent information provided by the customer, (ii) the customer providing incorrect number or providing a number that belongs to that of an unrelated third party.
Customer also agrees to receive information regarding what Ocean Technologies perceives to be of their interest based on usage history via SMS, Push notification, email and/or phone call. This includes offers, discounts, promotions, coupons and general information. In case the customer does not want such information, they have to explicitly ask to be excluded.
By accepting the terms and conditions the customer acknowledges and agrees that Ocean Technologies may call the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer, for the purpose of collecting feedback from the customer regarding their experience of using Ocean Technologies services.
Grievances and claims related to the services should be reported to Ocean Technologies support team within 2 days of your purchase date.
USE OF SITE/APP
You understand that except for information, products or services clearly indicated as being supplied by Ocean Technologies, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that Ocean Technologies cannot and does not guarantee or warrant that files available for downloading through the Site will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements and for accuracy of data input and output.
By using the Services you agree not to:
– use the Services for any purposes other than to purchase at merchant partners and/or to access the Services in accordance with these Terms and Conditions and as such services are offered by Ocean Technologies
– impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the Services, perform any other similar fraudulent activity or otherwise purchase at merchant partner with what we reasonably believe to be potentially fraudulent funds
– infringe our or any third party’s intellectual property rights, rights of publicity or privacy
use the Services if You are under the age of eighteen (18) without a parental sponsor or in any event use the Services if You are under the age of thirteen (13) years old even with a parental sponsor and in accordance with applicable law
post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person
– post or transmit any message, data, image or program which is pornographic in nature
refuse to cooperate in an investigation or provide confirmation of Your identity or any other information You provide to Ocean Technologies
– remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services and the Site or features that enforce limitations on the use of the Services
– reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation
– use the Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services in an automated manner
– modify, adapt, translate or create derivative works based upon the Services and the Site or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation
– intentionally interfere with or damage operation of the Services or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features
– use any robot, spider, other automatic device, or manual process to monitor or copy the Site without prior written permission
– interfere or disrupt this Site or App or networks connected to this Site
– take any action that imposes an unreasonably or disproportionately large load on our infrastructure/ network
– use any device, software or routine to bypass the Site’s robot exclusion headers, or interfere or attempt to interfere, with the Services
– forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Site or to manipulate your presence on our Site
– sell the Services, information, or software associated with or derived from it
– use the facilities and capabilities of the Site to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others
– breach this Agreement or any other Ocean Technologies agreement or policy
– provide false, inaccurate or misleading information
– use the Site to collect or obtain personal information, including without limitation, financial information, about other users of the Site
– purchase/shop at merchant partner with what Ocean Technologies reasonably believes to be potentially fraudulent funds
– use the Services in a manner that results in or may result in complaints, disputes, reversals, charge-backs, fees, fines, penalties and other liability to Ocean Technologies, a third party or You
– take any action that may cause Ocean Technologies to lose any of the Services from its service providers, Merchant partners, payment processors or other suppliers
– send automated request of any kind to the Site’s system without express permission in advance from Ocean Technologies.
All sales of goods/items at merchant partners are final with no refund or exchange permitted. You are responsible for the mobile number you provided to merchant partner and all charges that result from those purchases. Ocean Technologies is not responsible for any purchase you made at the merchant partner by providing an incorrect mobile number. You are requested to take up any payment related or damaged goods related or return of goods related queries/complaints with the corresponding merchant partner. Resolution of such complaints made to the merchant partner is left to the sole discretion of such merchant partner only.
TERMINATION; AGREEMENT VIOLATIONS
You agree that Ocean Technologies, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) or your use of the Services and remove and discard all or any part of your account, your user profile, or your recipient profile, at any time. Ocean Technologies may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Ocean Technologies will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Ocean Technologies may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Services.
LIMITATION OF LIABILITY AND DAMAGES
In no event will Ocean Technologies or its contractors, agents, licensors, partners, suppliers be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to (i) this agreement, (ii) the services, the site or any reference site, or (iii) your use or inability to use the services, the site (including any and all materials) or any reference sites, even if Ocean Technologies or a Ocean Technologies authorized representative has been advised of the possibility of such damages. In no event will Ocean Technologies or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers’ total liability to you for all damages, liabilities, losses, and causes of action arising out of or relating to (i) this Agreement, (ii) the Services, (iii) your use or inability to use the Services or the Site (including any and all Materials) or any Reference Sites, or (iv) any other interactions with Ocean Technologies, however caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount paid by you, if any, for using the portion of the Services or the Site giving rise to the cause of action or One Thousand Indian Rupees (Rs.1000), whichever is less. You acknowledge and agree that Ocean Technologies has offered its products and services, set its prices, and entered into this agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Ocean Technologies, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Ocean Technologies. Ocean Technologies would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, Ocean Technologies’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive termination of this Agreement.
You agree to indemnify, save, and hold Ocean Technologies, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the Services or of the Site, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. Ocean Technologies reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify Ocean Technologies, including rights to settle, and you agree to cooperate with Ocean Technologies’s defence and settlement of these claims. Ocean Technologies will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
DISCLAIMER; NO WARRANTIES
To the fullest extent permissible pursuant to applicable law, Ocean Technologies and its third-party partners, licensors, and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of Merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from Ocean Technologies or through the services or the site will create any warranty not expressly stated herein. You expressly acknowledge that as used in this section, the term “Ocean Technologies” includes Ocean Technologies’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliated companies. You acknowledge that Ocean Technologies is a reseller of Mobile recharges and is not liable for any 3rd party (telcos & suppliers) obligations due to rates, quality, and all other instances, whether to any such telco’s subscribers or otherwise. You expressly agree that use of the services and the site is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the internet generally. We do not warrant that the service will be uninterrupted or error-free or that defects in the site will be corrected. The services and the site and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. Ocean Technologies, and its third party suppliers, licensors, and partners do not warrant that the data, Ocean Technologies software, functions, or any other information offered on or through the services, the site or any reference sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. Ocean Technologies and its third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the services, the site or any reference sites in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the services, the site or any reference sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and device) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. This paragraph shall survive termination of this agreement. In no event will Ocean Technologies be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the site.
OWNERSHIP; PROPRIETARY RIGHTS
The Services and the Site are owned and operated by Ocean Technologies and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Services and the Site provided by Ocean Technologies (the “Materials”) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between you and Ocean Technologies, all Materials, trademarks, service marks, and trade names contained on the Site are the property of Ocean Technologies and/or third party licensors or suppliers. You agree not to remove, obscure, or alter Ocean Technologies or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services. Except as expressly authorized by Ocean Technologies, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Ocean Technologies reserves all rights not expressly granted in this Agreement. If you have comments regarding the Services and the Site or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to Ocean Technologies, and shall assign to Ocean Technologies, all right, title and interest in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
MODIFICATION OF THIS AGREEMENT
Ocean Technologies reserves the right to change, modify, add, or remove portions of this Agreement (each, a “change”) at any time by posting notification to the Site or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to purchases initiated after the posting date. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services. For certain changes, Ocean Technologies may be required under applicable law to give you advance notice, and Ocean Technologies will comply with such requirements.
Ocean Technologies may provide you with notices and communications by SMS, Push notification, email, regular mail or postings on the Site or by any other reasonable means. Except as otherwise set forth herein, notice to Ocean Technologies must be sent by courier or registered mail to Ocean Technologies Limited, c/o Hitech Engineering, Angol Industrial Estate, Belagavi – 590 006, Karnataka, India.
The failure of Ocean Technologies to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Ocean Technologies.
Ocean Technologies may elect to resolve any dispute, controversy or claim arising out of or relating to this Agreement or Service provided in connection with this Agreement by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. Any such dispute, controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Belgaum, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or We may seek any interim or preliminary relief from a court of competent jurisdiction in Belgaum, India, necessary to protect the rights or the property of you or Ocean Technologies (or its agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor We may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The language of Arbitration shall be English.
GOVERNING LAW AND FORUM FOR DISPUTES
Except as otherwise agreed by the parties or as described in the Arbitration section above, you agree that any claim or dispute you may have against Ocean Technologies must be resolved by a court located in Belgaum, India. You agree to submit to the personal jurisdiction of the courts located within Belgaum, India for the purpose of litigating all such claims or disputes. This Agreement shall be governed by the laws of India, without giving effect to any principles of conflicts of law.
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
This Agreement, and any rights granted hereunder, may not be transferred or assigned by you without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms and Conditions, and will not be deemed to limit or affect any of the provisions hereof.
This is the entire agreement between you and Ocean Technologies relating to the subject matter hereof and will not be modified except in writing, signed by both parties, or by a change to this Agreement made by Ocean Technologies in accordance with the terms of this Agreement.