1. Terms & Conditions

Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the www.omly.in (website) and the OMLY App (mobile application) (the "Platform") operated by Innovtech Global Solutions

1. We are Omly, a brand of www.omly.in (Website) & Omly (App) unless otherwise stated.
2. Definitions
1. "Agreement" shall mean these Terms of Use, the Privacy Policy, any order form and payment instructions provided to you;
2. "Privacy Policy" shall mean the policy displayed on our Website which details how we collect and store your personal data;
3. "you", "your" and "yours" shall refer to the customer accessing, ordering any Items on the Platform;
4. " Items " shall refer to any item i.e., prepared food & beverages which are displayed on platform of the Company;
5. "Delivery" shall refer to any form of delivery service with respect to the prepared food & beverages which are provided by Merchant and who takes the full responsibility of the adherence of Quality and Quantity of the Food Ordered;
6. "Platform" is a reference to our Website www.omly.in and it’s mobile application on which OMLY offers its Items for sale.
7. “Merchant” shall mean restaurant/Caterers or eatery partners who have agreed to provide and offer sale of their prepared food & beverages on the Platform, for which we enable the service of collecting and delivery.
8. “Event Delight Manager” means the person assigned via Platform upon receiving the order to supervise the execution of Order diligently and as per the requirements of the customer.
9. “Customer Care Service” is a Call Centre service provided by the Company to the Customers and as well as to the Merchants for various requirements and enquiries covering but not limiting to seeking additional information, sorting complaints and reaching out the other party.
10. “Order Status” means the delivery track report of the Items that are ordered by the Customers through the Platform
3. Registration:
1. You shall be eligible to Order Items on the Platform upon registration on this platform.
2. You shall be responsible for confidentiality of your registration credentials (including details provided by you for registration on this Platform) and the activities that occur under your profile from the unauthorized access of third party/ies.
3. Your email address and mobile number shall be your primary identifier and you shall update the same before the Items are booked on the Platform.
4. You shall allow the Platform to access your location settings to enable us to provide you the area specific list of Merchants available to you and as well tracking of your Order after confirmation.
4. Booking
1. Ordering:
1. You can place the Order with us subject to the terms and conditions set out herein.
2. Any contract for Order on this Platform is between you and the Merchant; whereas for the Delivery of Order on this Platform is a contract between you and Omly.
3. You shall warrant that the credit or/debit card details that you provide are for your own credit or debit card
4. You shall warrant that items ordered from the Portal are not for resale.
5. You can track the live status of the Order from the time of confirmation of the Order to the point of - delivery at the given address on the Platform.
6. All the images of the Items displayed on the Platform are for representation purpose only and may vary from its actual presentation.
7. When you place your order on the Platform, you will be notified about the Order receipt either by email/ sms detailing the order placed on our Platform. The order can be modified/ cancelled only through the Customer care before the Order is confirmed by the Merchant.
8. Once Order is accepted by the Merchant, Order Confirmation shall be notified through email or SMS to you. The status of the Order on the Platform changes from “Order received” to “Order Confirmed”.
9. You shall get a notification about the delivery personnel of Omly 3 hours before the order delivery time.
10. Omly Event Delight Manager will supervise the complete execution of the order at the customer location.
11. Our liability ends once your order has been delivered and executed to you.
12. After delivery, you will be prompted with a feedback form which in turn help us to improve our services.
2. Item Value and Payment
1. All prices listed on the Platform are correct at the time of publication and have been input by the Merchant. While we give great care to keep them up to date, the final price charged to you by the Merchant can change at the time of final order based on the latest menu and prices of the restaurant/Caterer. We also reserve the right to alter the Items available for orders on the Platform and to stop listing restaurants/Caterer.
2. All payments made against the Orders on the Platform by you shall be compulsorily in Indian Currency in the payment modes available on the Platform.
3. You understand, accept and agree that the payment facility provided by us is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks.
4. All charges for Convenience / Handling by Omly or a third-party provider assigned by Omly listed on the Platform are correct at the time of publication, however, we reserve the right to alter these in the future.
5. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes are determined and charged by the Merchant and Omly is merely collecting the same on behalf of such Merchant and Omly is not responsible for validating the legal sanctity and the manner of its applicability of the taxes on behalf of the Merchant. The sole responsibility for any legal issue arising on the taxes shall reside with the Merchant.
6. The transaction of sale Items is between Merchant and the customer, we are not liable to charge or deposit any taxes applicable / charged on such transaction with the required tax authorities.
7. The final tax invoice will be issued by the Merchant and delivered to the customer along with the order.
3. Cancellation:
1. You can cancel the Order before the Order is confirmed through the Platform chat or telephone option provided.
2. Your Order may be cancelled with or without cancellation charges if agreed by the Merchant post confirmation of the Order. We will not refund any payment already made for the order, which has been already confirmed by the Merchant. A cancellation fee will be charged on the customer with a right not to refund on the order value or which will be adjusted on future orders made by the Customer on the portal. The cancellation fee may be decided by Omly but shall not exceed the total value of the cancelled order.
3. If there is no delivery capacity or the Items ordered are not available, you shall get a Email/SMS /notification in the App text message (SMS) or phone call or email in case the Items ordered are not available. Our liability would end by sending such notification and the other conditions under repayment/replacement/refund would follow.
   
   We shall have the right to cancel the order and follow the cancellations process afore said on occurrence of the following.
   1. when there is failure to contact you by phone or email at the time of Delivery of the Order for a reasonable period of time.
   2. If the delivery location given by you at the time of order is wrong or not able to identify even after reasonable efforts by the Merchant & Event Delight Manager
4. Reimbursement/Refunds:
1. You shall be entitled to a refund after deduction of charges, if any for any of the reasons given here under, only if you have made the payment at the time of placing your order on the Platform.
1. In case your order packaging has been tampered or damaged at the time of delivery
2. For other reasons once accepted by Omly which shall include but not limited to food spillage, foreign object in food item, stale food, wrong delivery. [You will be required to provide a proof of the same for the Omly to accept for refund]
2. All the refunds shall be processed and shall be refunded the full amount of Item within a period of 4-6 working days in designated bank account .
5. Replacement of Orders
1. You are entitled for replacement of Items delivered in case of wrong delivery, food spillage, foreign object in food item, stale food. [You will be required to provide a proof of the same in the form of a photo for Omly.
2. The request for the replacement shall be placed on the Customer Care chat window or call service provided by us.
5. Delivery
1. Delivery periods quoted at the time of ordering are approximate only and may vary. Items will be delivered to the address provided by you at the time of booking the order.
2. We will take great care to deliver the Order on time, however no responsibility is taken for late dispatch by the Merchant.
3. If the Items are not delivered within the estimated delivery time quoted by Merchant, please contact the Customer Care Service. You may also contact us by telephone or email or Chat option and we will try to ensure that you receive your order as quickly as possible.
4. In case of a late delivery, the delivery charge will neither be voided nor refunded by Omly.
5. You must ensure that at the time of delivery adequate arrangements, including access where necessary, are in place for the safe delivery of the items. We cannot be held liable for non-delivery or late delivery where this arises as a result of a failure to provide adequate access or arrangements for delivery.
   
   You shall ensure the safety of the delivery boy in your premises and shall be responsible for any damage caused to them due to your willful negligence.
6. Complaints;
1. We take complaints very seriously and aim to respond to your complaints within 2 business days. All complaints should be addressed to hello@Omly.in.
2. We also provide a Chat window for addressing the complaints and queries swiftly as and when required by you.
7. Limitation of Liability
1. Great care has been taken to ensure that the information available on this Platform is correct and error free. However we apologize for any errors or omissions that may have occurred inadvertently.
2. Though all care has been taken, we do not warrant that use of the Platform will be error free or fit for purpose or that the site or the server that makes it available are free of viruses or bugs or that it represents the full functionality, accuracy, reliability of the Platform and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
3. By accepting these terms of use you agree to relieve us from any liability whatsoever arising from your use of information or website of any third party, or your consumption of any food or beverages from a Merchant.
4. We disclaim any and all liability to you for the Delivery of Order to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you, such liability is limited to the amount you have paid for the relevant Item Value. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
5. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.
6. We shall not be held liable for any failure or delay in performing delivering items where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.
7. If we have contracted to provide identical or similar order to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which orders we will fill and to what extent.
8. The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, and loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website.
9. We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
10. In the event Omly has a reasonable belief that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, Omly may cause the shopper (or customer) to be blocked immediately and reserves the right to refuse future service. Additionally, should there exist an abuse of vouchers or discount codes, Omly reserves the right to seek compensation from any and all violators.
11. Offers are subject to our discretion and may be withdrawn at any time and without notice.
8. General
1. We may subcontract any part or parts of the Services that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.
2. We may alter or vary the Terms and Conditions at any time without notice to you.
3. You shall not use or launch any automated system or program in connection with our website or its online ordering functionality;
4. You shall not collect or harvest any personally identifiable information from the website, use communication systems provided by the website for any commercial solicitation purposes, solicit for any reason whatsoever any users of the website with respect to their submissions to the website, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the website.
5. The Terms and Conditions together with the Privacy Policy, any order form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website, these Terms and Conditions shall prevail.
6. If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
7. These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of India. The parties hereto submit to the exclusive jurisdiction of the courts of India.
8. No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
9. Customers placing order with Omly are liable of receiving promotional SMS, irrespective of their number being registered under NDNC. If customer wish to not receive promotional SMS, they may contact us on hello@Omly.in and unsubscribe it.
10. These Terms and Conditions and a contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with India Laws. Both we and you hereby submit to the non-exclusive jurisdiction of the Respective Jurisdictional Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
11. The voucher calculation is subject to Omly's discretion and may be altered at any time and without notice. The voucher can discount any/all of the components including food cost, taxes and fees and likewise.
12. Any Service Fee/Delivery Fee charged by Omly is subject to prevailing GST Rates.
13. Blacklisting of customers: Omly India reserves the right to block/blacklist customers with suspicious activity on their accounts. Suspicious activities include, but are not restricted to:
1. Unfair voucher use.
2. Using multiple logins from the same device.
3. Misrepresentative and false information at the time of registration.
4. For concerns regarding blacklisting, please reach us at hello@Omly.in

Refer & Earn Program

How it Works

• Start earning, login to the latest OMLY Android or iOS app and website.
• Go to the Refer & Earn section (on the mobile app/website) and shareyour unique referral link/code with your friends using any social channel ofyour choice.
• Your friends would need to download the app using your uniquereferral link/code to get benefits
• Using your referral code your friend can do two things
  • Sign up with Omly
  • Place Order for any Occasion through Omly
• Sign Up: When your friend signup to Omly using your referral code, Youwill earn 10 points equal to Rs. 100 bonus as cash in your OMLY Wallet.Your friend also will earn 10 points equal to Rs. 100 bonus in their OMLYwallet, when he successfully install and sign up using the OMLY mobileapp/Website.
• Place Order: When your friends make their first order using the OMLY app,You will earn 50 points equal to Rs. 500 bonus as cash in your OMLYWallet. Your friend also will earn 50 points equal to Rs. 500 bonus in theirOMLY wallet, when he successfully place food order using the OMLY mobileapp/Website.

How you Redeem

• You can redeem your points from your OMLY Wallet based on thetransaction/order value as per the Rewards range table shown below.

• The Refer and Earn Program is only valid on new installs and sign ups on mobile apps/Website.

TERMS AND CONDITIONS:

• The Email ID and/or phone number through which the friend signs up with OMLY app, must not have been used for signing up with the OMLY app earlier.
• The mobile number provided by the friend to receive the OTP must be an Indian mobile number as this program is not valid for users based out of India.
• Bonus cash earned using the referral program cannot be withdrawn into any of the payment instruments like Bank account, Credit Card, Debit Card etc.
• Bonus cash earned using the referral program is non-transferable.

How much bonus cash can you earn through Refer and Earn program?

• You can refer any number of people, but the maximum amount you can earn using this referral program is Rs.20,000
• In case the bonus cash is not credited to your OMLY Wallet, please write to hello@omly.in.
• Your unique referral links should only be used for personal and non-commercial purposes. You cannot distribute/publish your unique referral link where there is no reasonable basis for believing that most of the recipients are personal friends (such as coupon websites, forums, Wikipedia etc.)
• Innovtech Global Solutions LLP (Omly) reserves all rights to cancel/change/modify/add/delete any of the terms and conditions and the referral amounts conferred under Refer and Earn program at any point in time.
• Innovtech Global Solutions LLP (Omly) may suspend or terminate the Refer and Earn program or any user's ability to participate in the program at any time for any reason at their discretion. Bonus cash earned as a result of fraudulent activities will be revoked and deemed invalid
• nnovtech Global Solutions LLP (Omly) reserves the right to amend these terms and conditions at any time without any prior notice. Modifications of these terms will be effective from the time they are updated in the Terms and Conditions section.

Bonus cash validity and conditions

• Bonus cash earned through referral program can be used for food orders only using the OMLY mobile apps for Android and iOS and website.
• Validity of bonus cash earned through the referral program will be 180 days from the day the bonus is credited to your OMLY Wallet.
• The maximum amount of bonus cash that can be used for each order will be as per wallet reward range table.
• When a customer makes an order using their bonus cash, in the event of cancellation of the order, the bonus cash used shall be credited back to his/her Wallet.
• Bonus cash cannot be transferred to your bank account. Additionally, bonus cash across multiple accounts cannot be combined into a single account.
• Usage conditions of bonus cash may change at the discretion of Innovtech Global Solutions LLP (Omly), at any point in time.