Terms and Conditions

These Terms and Conditions of Use and Sale (“Terms”) constitute a legally binding agreement between Okaya Power Private Limited (“Okaya”), and any person who accesses, browses, registers on, or transacts through the websites www.okaya.in and/or www.shop.okaya.in (collectively, the “Website”), including the online shopping portal operated thereon (the “Portal”) (such person hereinafter referred to as the “User”, “Customer” or “you”). By accessing the Website, creating an account on the Portal, placing an order or otherwise availing of any product or service offered thereon, the User unconditionally and irrevocably accepts and agrees to be bound by these Terms, the Privacy Policy, the Shipping Policy, the Cancellation, Returns and Refund Policy, the Warranty Policy and any other rules, policies, disclaimers or notices published from time to time on the Website (collectively, the “Site Policies”), each of which is incorporated herein by reference and forms an integral part of these Terms. If the User does not agree with any of the Terms or any Site Policy, the User shall not access or use the Website and shall not place any order on the Portal.

1

Definitions and Interpretation

1.1
1.1 In these Terms, unless the context otherwise requires, the following expressions shall have the meanings respectively assigned to them:
  • "Applicable Law" means any statute, law, regulation, ordinance, rule, judgment, order, decree, bye-law, approval, directive, guideline, policy, requirement, or other governmental restriction or any similar form of decision by any statutory or regulatory authority, in force in India from time to time.
  • "Confirmed Order" means an order placed by the Customer on the Portal in respect of which the payment has been successfully received and confirmed by Okaya.
  • "Goods" or "Products" means any goods listed or offered for sale on the Portal from time to time, including but not limited to inverters, inverter batteries, solar batteries, solar on-grid and off-grid inverters, e-rickshaw batteries, and other energy storage and power-backup products listed by Okaya.
  • "Logistics Partner" means any third-party courier, transporter, carriage and forwarding agent engaged by Okaya for the dispatch and delivery of the Goods to the Customer.
  • "Payment Gateway" means PayU or any other licensed payment aggregator or payment system operator engaged by Okaya from time to time to process payments through the Portal.
  • "RTO" means "Return to Origin" — the return of a despatched consignment to Okaya's warehouse without delivery to the Customer.
  • "T+n" in relation to refund timelines, means "n" Banking Days after the date of initiation of the refund by Okaya, where "Banking Day" means a day on which scheduled commercial banks are open for business in New Delhi, excluding Saturdays, Sundays and notified public holidays.
2

Eligibility and User Accounts

2.1
Use of the Portal is restricted to persons who are competent to contract within the meaning of Section 11 of the Indian Contract Act, 1872. By accessing the Portal, the User represents and warrants that the User: (i) is not less than 18 years of age; (ii) is of sound mind; (iii) is not disqualified from contracting by any law in force; and (iv) is a resident of India transacting in Indian Rupees.
2.2
If the User is accessing the Portal on behalf of a legal entity, the User further represents and warrants that the User has full power and authority to bind such entity to these Terms.
2.3
The User shall be required to register and create a user account ("Account") by providing accurate, complete and current information. The User shall be solely responsible for: (i) maintaining the confidentiality and security of Account credentials; (ii) all activities undertaken through the Account; and (iii) promptly notifying Okaya of any unauthorised use or breach of security.
2.4
Okaya reserves the right, in its sole discretion, to refuse registration to, suspend or terminate the Account of, or refuse service to any User, where Okaya has reason to believe that the information provided is false, inaccurate or misleading, or that the Account is being used in violation of these Terms or Applicable Law.
3

Products, Pricing and Availability

3.1
All Products displayed on the Portal are subject to availability. The display of any Product on the Portal does not constitute an offer for sale by Okaya, but is an invitation to the User to make an offer to purchase the same on these Terms. Okaya reserves the absolute right to accept or decline any order, in whole or in part, without assigning any reason whatsoever.
3.2
Prices, schemes, discounts, taxes and other charges are those prevailing as on the date of display. Okaya reserves the right, at any time and without prior notice, to revise prices — including on account of fluctuation in raw material costs such as lead, foreign exchange variation, regulatory levies, or freight. Any such revision applies prospectively to all orders placed on or after the effective date of revision.
3.3
While Okaya endeavours to ensure accurate product descriptions, specifications and images, the Customer acknowledges that certain variations in colour, shade, weight, dimensions or specifications may occur due to manufacturing tolerances, photography or product upgrades, and shall not be construed as a defect.
3.4
In the event of any typographical, clerical or technical error in the price or description of a Product, Okaya shall be entitled to: (i) cancel the order and refund the amount paid; or (ii) require the Customer to pay any additional amount or accept the corrected description before despatch. The Customer shall have no claim against Okaya for any such cancellation.
3.5
If inventory is exhausted at the time of processing the order, Okaya shall be entitled to: (i) notify the Customer and offer an alternative model; or (ii) cancel the order and refund the amount paid in accordance with Clause 8.
3.6
Okaya reserves the right to impose maximum order quantity restrictions, restrict sale of certain Products to specified geographies or pincodes, or discontinue any Product at any time without notice.
4

Placement and Acceptance of Orders

4.1
An order placed by the Customer on the Portal shall constitute an offer by the Customer to purchase the specified Product(s) on these Terms. Such offer shall be deemed accepted by Okaya only upon (i) successful receipt of payment through the Payment Gateway, and (ii) creation of a sales order. The mere generation of an order acknowledgment or payment authorisation email shall not constitute acceptance by Okaya.
4.2
Okaya reserves the right to refuse or cancel any order, including in any of the following circumstances:
  • (a) the Product is unavailable, out of stock or has been mis-priced;
  • (b) the order is fraudulent, suspicious, or appears to have been placed in contravention of these Terms or Applicable Law;
  • (c) the order has been placed in commercial or wholesale quantities or for resale, except where Okaya specifically permits such orders;
  • (d) Okaya is unable to verify the identity, payment particulars or shipping address of the Customer;
  • (e) the shipping address is outside the serviceable pincode area or is otherwise unserviceable; or
  • (f) Okaya is required to do so by any order, direction or process of any court, regulator, tribunal or governmental authority.
4.3
The Customer is solely responsible for ensuring the accuracy and completeness of order details, including the model and quantity of Products, billing and shipping address, contact details, and applicable GSTIN (if any). Okaya shall not be liable for any error, delay, non-delivery or wrong delivery occasioned by any incorrect or misleading information furnished by the Customer.
4.4
All sales effected through the Portal are intended for personal end-use of the Customer. Resale of Products purchased from the Portal may render the manufacturer's warranty void and is at the sole risk of the Customer.
5

Payment

5.1
All payments shall be made in Indian Rupees only, and exclusively through the Payment Gateway and payment modes available on the Portal. Okaya does not accept payment by cash on delivery.
5.2
The Payment Gateway is operated by an independent third-party service provider. Its use shall additionally be governed by the terms of use and privacy policy of the Payment Gateway service provider. Okaya shall not be responsible for any delay, failure or error in the processing of payment by the Payment Gateway, the Customer's bank, card network or any other intermediary.
5.3
The Customer represents and warrants that the bank account, card, UPI handle or wallet used for making payment is lawfully owned and operated by the Customer. Any breach of this representation shall constitute a material breach of these Terms and entitle Okaya to cancel the order, suspend the Account and pursue all remedies available under Applicable Law.
5.4
All prices displayed on the Portal are inclusive of Goods and Services Tax (GST) at the applicable rate.
5.5
The tax invoice issued in respect of a Confirmed Order shall be sent to the Customer by e-mail and/or made available on the Portal. The Customer shall be solely responsible for the correctness of GSTIN, business name and other particulars furnished for the invoice. Okaya shall not be obliged to revise or re-issue any invoice once generated, save where required by Applicable Law.
6

Shipping, Delivery and Transfer of Risk

6.1
Okaya shall arrange despatch and delivery of Products to the shipping address provided by the Customer through its authorised Logistics Partner. The estimated delivery timeline displayed on the Portal is indicative only and is not of the essence of the contract. Okaya shall not be liable for any delay or non-delivery occasioned by reasons beyond its reasonable control, including acts or omissions of the Logistics Partner, transport disruptions, natural calamities, civil disturbances, government action, strikes, lockouts, accidents, road or weather conditions, or any Force Majeure event.
6.2
Delivery shall be effected only at the shipping address specified by the Customer at the time of placement of the order. The Customer (or any person of majority age present at the shipping address and authorised by the Customer) shall be required to verify the contents of the consignment at the time of delivery, sign the proof-of-delivery and provide such other acknowledgment as may be required by the Logistics Partner.
6.3
The Customer is required to inspect the consignment at the time of delivery for any external damage to the packaging, tampering or leakage.
⚠️ Important: In the event of any visible damage, tampering or leakage, the Customer shall refuse to accept delivery and shall promptly notify Okaya. Acceptance of delivery without recording such damage on the proof-of-delivery shall be conclusive evidence of delivery in good order and condition.
6.4
If the Customer is unavailable at the shipping address on the scheduled date of delivery, the Logistics Partner shall reattempt delivery as per trade custom. If delivery cannot be effected, the consignment shall be returned to Okaya as an RTO consignment and the refund shall be processed in accordance with Clause 8, subject to deduction of forward and return freight where failed delivery is attributable to customer unavailability or incorrect details.
6.5
The Customer acknowledges that certain Products (including batteries containing electrolyte) are classified as hazardous goods under Applicable Law, and must be handled, stored, installed, used and disposed of strictly in accordance with the user manual, safety instructions and warnings supplied with the Product.
7

Cancellation of Orders

7.1 — Cancellation by the Customer
Once an order is placed, the Customer cannot cancel the order.
7.2 — Cancellation by Okaya
Okaya may cancel any order, in whole or in part, at any time prior to despatch, including on account of unavailability of stock, mis-pricing, delivery being unserviceable at the shipping pincode, or any other reason it may deem fit. On such cancellation, Okaya shall refund the amount paid by the Customer in accordance with Clause 8. No interest, damages, compensation or consequential loss shall be payable by Okaya in respect of any such cancellation.
8

Returns, Replacement and Refunds

8.1
Products billed through the Portal are not eligible for return under normal circumstances. Products sold through the Portal are not returnable on account of change of mind, dislike, buyer's remorse, incorrect choice of model or capacity, or any other subjective dissatisfaction. The Customer is encouraged to carefully review the specifications and suitability of the Product before placing the order.
8.2 — Replacement Procedure (Defective Products)
Replacement may be claimed only in respect of a defective Product, and strictly in accordance with the following procedure:
  • (a) Notation at delivery: Inspect the consignment and note any visible damage, leakage, tampering or defect on the delivery receipt / proof-of-delivery.
  • (b) Report within 24 hours: Report any defective Product to Okaya's Customer Support Team within 24 hours of receipt by emailing care@okaya.in, furnishing the order number and details of the defect. Claims made after 24 hours may be rejected at Okaya's sole discretion.
  • (c) Service Inspection: A service person nominated by Okaya shall visit the Customer's premises to verify the condition of the Product and ascertain whether it is defective.
  • (d) Approval of Replacement: If the Product is approved for replacement, the defective Product shall be exchanged for a new item of the same model and specification. Replacement shall constitute the sole and exclusive remedy of the Customer in respect of a defective Product.
8.3 — Conditions for Return
  • (a) The Product shall be unused and in its original packaging;
  • (b) All tags, labels, seals, warranty cards, user manuals, freebies and accessories shall be intact; and
  • (c) The Product shall not show signs of misuse, tampering, unauthorised repair, removal of serial numbers or warranty seals, or installation contrary to the user manual.
8.4 — Reverse Pickup
The reverse pickup of the defective Product shall be arranged exclusively by Okaya through its authorised Logistics Partner. The Customer shall not despatch any Product to Okaya through any other mode without Okaya's prior written consent.
8.5 — Refund Eligibility
Refund of the amount paid shall be processed by Okaya only in the following scenarios:
  • (a) where the order has been cancelled by Okaya; or
  • (b) in such other circumstances as may be approved by Okaya in its sole discretion, on a case-to-case basis.
8.6 — Refund Timelines
Refunds shall be initiated to the original payment method and shall ordinarily be credited within 7 to 15 Banking Days from the date of approval by Okaya, subject to processing by the Customer's bank, card network, UPI handle or wallet provider.
8.7
Shipping fees, freight, handling and installation charges (if any) levied on the original order shall be non-refundable in all circumstances.
8.8
No interest, charges, damages or compensation shall be payable by Okaya on the amount under refund. Okaya reserves the right to adjust against the refund amount the cost of forward freight, return freight, demurrage, or any damage to the Product attributable to the Customer.
9

Product Warranty

9.1
Each Product shall be covered by the manufacturer's standard warranty as set out in the warranty card / user manual accompanying the Product or as published on the Website (the "Warranty"). The Warranty shall be the sole and exclusive remedy of the Customer in respect of any manufacturing defect. Okaya makes no other warranty, express or implied, and to the maximum extent permitted by Applicable Law, all implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, performance or non-infringement are hereby excluded.
9.2 — Warranty Exclusions
The Warranty shall not cover:
  • (a) damage caused by improper or unauthorised installation, handling, transportation, storage, use, or operation;
  • (b) use contrary to the manuals, warnings or safety instructions supplied with the Product;
  • (c) use with incompatible accessories, charging equipment, cables or input voltages;
  • (d) damage caused by power surges, lightning, water ingress, fire, rodents, pests, accidents, force majeure, or any external cause;
  • (e) any repair, modification, alteration or opening of the Product by any person not authorised by Okaya;
  • (f) removal, defacement or tampering of any serial number, label, sticker or warranty seal;
  • (g) normal wear and tear, cosmetic damage, or gradual loss of battery capacity with use and ageing; or
  • (h) any Product purchased other than from the Portal or authorised channels, or where the original invoice cannot be produced.
9.3
Warranty claims shall be lodged at the customer-service number / e-mail published on the Website and shall be processed in accordance with Okaya's service procedures.
10

Limitation of Liability and Disclaimers

10.1
The Website, the Portal and the Products are provided on an "as is" and "as available" basis. Okaya makes no representation or warranty that the Website / Portal shall be available at all times, uninterrupted, secure, error-free, or free from viruses, malicious code or other harmful components.
10.2
To the maximum extent permitted by Applicable Law, Okaya, its directors, officers, employees, affiliates, agents, contractors, licensors and service providers shall not be liable for any indirect, incidental, special, punitive, exemplary or consequential loss or damage of any kind whatsoever, including any loss of profit, loss of business, loss of revenue, loss of goodwill, loss of opportunity, loss of data, loss of use, business interruption or loss of expected savings.
10.3
The aggregate liability of Okaya in respect of any and all claims arising out of or in connection with any order placed on the Portal shall not, in any event, exceed the invoice value of the Product(s) under that particular order, exclusive of taxes, freight and other levies.
10.4
Nothing in these Terms shall operate to exclude or limit the liability of Okaya for: (i) death or personal injury caused by Okaya's gross negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability which cannot lawfully be excluded or limited under Applicable Law.
11

Indemnity

11.1
The Customer shall, at the Customer's sole cost and expense, defend, indemnify and hold harmless Okaya and its directors, officers, employees, affiliates, agents, contractors, licensors and service providers (collectively, the "Indemnified Parties") from and against any and all claims, demands, suits, proceedings, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of or in connection with: (i) any breach of these Terms or any Site Policy by the Customer; (ii) any violation of Applicable Law or rights of any third party; (iii) any incorrect, incomplete or misleading information furnished by the Customer; (iv) any misuse of the Website / Portal or the Account; (v) any improper handling, storage, installation, use or disposal of the Product; or (vi) any claim by a third party arising out of the Customer's acts or omissions.
12

Intellectual Property

12.1
The Website, the Portal, and all content, design, layout, graphics, photographs, images, illustrations, text, software, source code, databases, audio, video, marks, logos (including the "OKAYA" mark), trade names, trade dress, product designs and all other materials available on or through the Website / Portal (collectively, the "Content") are the sole and exclusive property of Okaya and/or its licensors, protected by applicable copyright, trademark, patent, designs, trade secret and other intellectual property laws.
12.2
The Customer is granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Website / Portal solely for the purpose of browsing, registering and transacting in the Products. The Customer shall not copy, reproduce, modify, adapt, translate, distribute, publish, transmit, display, perform, sell, license, create derivative works of, reverse engineer, decompile, disassemble or otherwise exploit any portion of the Content without the prior written consent of Okaya.
13

User Obligations and Prohibited Conduct

13.1
The Customer shall use the Website / Portal only for lawful purposes. The Customer shall not, and shall not permit any third party to:
  • (a) host, display, upload, publish, transmit, store, share or modify any information or material that is unlawful, defamatory, obscene, pornographic, paedophilic, invasive of another's privacy, hateful, racially or ethnically objectionable, or infringing of any intellectual property rights;
  • (b) impersonate any person or entity, or misrepresent the Customer's identity, age or affiliation;
  • (c) use the Website / Portal in any manner that could disable, overburden, damage or impair it, or interfere with its use by any other User;
  • (d) use any robot, spider, scraper or other automated means to access the Website / Portal for any purpose, including extracting prices, product listings, customer reviews or other data;
  • (e) attempt to gain unauthorised access to the Website, Portal, Account, server, computer system or network connected to the Website / Portal;
  • (f) make any speculative, false or fraudulent order, or order with the intention of resale or commercial exploitation other than as permitted by Okaya; or
  • (g) post any false, misleading, deceptive, manipulated or paid review or rating of any Product.
13.2
In the event of any breach of this Clause 13, Okaya shall be entitled to: (i) remove the offending content; (ii) suspend or terminate the Account and/or the Customer's access to the Website / Portal; (iii) cancel any pending orders; (iv) report the conduct to the appropriate law-enforcement authorities; and (v) take such other action as it may deem fit.
14

Privacy and Data Protection

14.1
The collection, storage, processing and disclosure of personal information of the Customer by Okaya shall be governed by the Privacy Policy published on the Website, which is incorporated herein by reference. By using the Website / Portal, the Customer expressly consents to the collection, storage, processing and disclosure of such information in accordance with the Privacy Policy.
14.2
Okaya shall employ reasonable security practices and procedures to safeguard the Customer's personal information against unauthorised access, use, modification or disclosure. However, the Customer acknowledges that no method of transmission or storage of information over the internet is entirely secure.
14.3
Okaya shall process personal data in accordance with the Digital Personal Data Protection Act, 2023. Personal data shall be collected for specified purposes and processed based on free, informed and unambiguous consent, which may be withdrawn at any time. Users shall have the right to access, correct, erase their data, withdraw consent, and seek grievance redressal. Personal data shall be retained only as long as necessary or as required by law.
15

Third-Party Links and Platforms

15.1
The Website / Portal may contain links to third-party websites, applications, platforms or marketplaces (including, without limitation, Amazon and the Payment Gateway). Such links are provided solely for the convenience of the Customer. Okaya does not endorse, sponsor or assume responsibility for any third-party website, application, platform, marketplace, content, product or service, and shall not be a party to, or in any manner liable for, any transaction entered into by the Customer with any third party.
15.2
Where the Customer purchases Products through any third-party marketplace on which Okaya is listed as a seller (including Amazon), the additional terms and policies of such marketplace (including in respect of cancellation, return and refund) shall also apply to such purchase, and shall, to the extent of any conflict, prevail over these Terms.
16

Force Majeure

16.1
Okaya shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent that such failure or delay is occasioned by any cause beyond its reasonable control, including without limitation acts of God, fire, flood, earthquake, storm, epidemic, pandemic, war, terrorism, insurrection, riots, civil disturbance, sabotage, strike, lockout, labour disputes, embargoes, shortage or unavailability of raw materials, energy, fuel, equipment or transport, breakdown of plant or machinery, cyber-attack, failure of internet, telecommunications or power supply, failure of the Payment Gateway or any Logistics Partner, governmental restriction or action, change in law, or court order (each, a "Force Majeure Event"). On the occurrence of any Force Majeure Event, the affected obligation shall be suspended for the duration of the Force Majeure Event. Where a Force Majeure Event continues for a period exceeding 30 days, Okaya shall be entitled, at its option, to cancel the order and refund the amount paid by the Customer in accordance with Clause 8, without interest and further liability.
17

Suspension and Termination

17.1
Okaya may, at its sole discretion and without prior notice, suspend or terminate the Account of the Customer or the Customer's access to the Website / Portal, in whole or in part, in any of the following circumstances: (i) breach by the Customer of these Terms or any Site Policy; (ii) violation of any Applicable Law; (iii) suspected fraud, impersonation or money-laundering; (iv) order or direction of any court, tribunal, regulator or governmental authority; or (v) any other reason that Okaya may deem fit. Suspension or termination of the Account shall not affect the obligations of the Customer in respect of any pending orders or under any provision of these Terms that is expressed or intended to survive such suspension or termination.
18

Notices and Communication

18.1
All notices, communications and intimations from Okaya to the Customer shall ordinarily be sent by e-mail to the registered e-mail address, or by SMS / WhatsApp / push notification to the registered mobile number, or by posting on the Account or the Portal. Any such notice shall be deemed to have been duly received by the Customer upon dispatch or posting.
18.2
All notices, communications and intimations from the Customer to Okaya shall be sent to the e-mail address designated as the customer-care address on the Website, with a copy to the Grievance Officer set out in Clause 19 below, and shall be deemed to have been duly received only upon actual receipt by Okaya during normal business hours.
19

Grievance Redressal

Level Contact Response Timeline
Level 1 — Customer Support (Sales Team) ecom@okaya.in Acknowledge within 48 hours; resolve within a reasonable period
Level 2 — Grievance Officer grievance@okaya.in Acknowledge within 48 hours; resolve within 1 month
National Consumer Helpline 1915 / e-Daakhil Portal As per NCDRC norms under Consumer Protection Act, 2019
19.3
The Grievance Officer shall acknowledge the receipt of any complaint within 48 hours of receipt and shall endeavour to redress the complaint within 1 (one) month of receipt thereof. Complaints relating to a defective, deficient, spurious or unsafe Product shall be addressed in compliance with Rule 4(5) of the Consumer Protection (E-Commerce) Rules, 2020, to the extent applicable.
20

Governing Law, Jurisdiction and Arbitration

20.1
These Terms shall be governed by and construed in accordance with the laws of the Republic of India.
20.2
All disputes, differences, controversies or claims arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts at New Delhi, and no other court shall have jurisdiction in respect thereof. The Customer hereby irrevocably submits to the exclusive jurisdiction of the courts at New Delhi.
20.3
Notwithstanding Clause 20.2, any Dispute shall, at the option of Okaya, be referred to and finally resolved by arbitration before a sole arbitrator administered by the Delhi International Arbitration Centre (DIAC), New Delhi, in accordance with the Arbitration Rules of the DIAC and the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be New Delhi. The language of the arbitration shall be English. The award rendered by the sole arbitrator shall be final and binding on the parties.
20.4
Before invoking arbitration or initiating any legal proceedings, the parties shall endeavour to amicably resolve the Dispute through good-faith discussions for a period of not less than 30 (thirty) days from the date on which one party gives the other written notice of the Dispute.
21

Modification of Terms

21.1
Okaya reserves the right to revise, amend, modify or replace any of these Terms or any Site Policy at any time, in its sole discretion, by posting the revised version on the Website. Such revision shall be effective from the date of posting on the Website, unless a different effective date is specified. The Customer's continued use of the Website / Portal after any such revision shall constitute the Customer's acceptance of the revised Terms.
21.2
Notwithstanding the foregoing, the Terms applicable to any Confirmed Order shall be the Terms in force as on the date on which the order was placed by the Customer.
22

Miscellaneous

22.1 — Entire Agreement
These Terms, together with the Site Policies, constitute the entire agreement between the Customer and Okaya in respect of the use of the Website / Portal and the sale of the Products, and supersede all prior agreements, representations, understandings, communications and arrangements, whether oral or written.
22.2 — Severability
If any provision of these Terms is held by any court or other competent authority to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
22.3 — Waiver
No failure or delay on the part of Okaya in exercising any right, power or remedy under these Terms shall operate as a waiver thereof. Any waiver granted by Okaya shall be effective only if made in writing and shall be limited to the specific instance for which it is granted.
22.4 — Assignment
The Customer shall not assign, transfer, sub-licence or otherwise deal with any of its rights or obligations under these Terms without the prior written consent of Okaya. Okaya may assign or transfer any of its rights or obligations under these Terms to any of its affiliates or to any successor-in-interest, without the consent of the Customer.
22.5 — Relationship of Parties
Nothing in these Terms shall be construed as creating any partnership, joint venture, agency, employment or fiduciary relationship between the Customer and Okaya.
22.6 — Survival
The provisions of Clauses 9 (Product Warranty), 10 (Limitation of Liability and Disclaimers), 11 (Indemnity), 12 (Intellectual Property), 14 (Privacy and Data Protection), 19 (Grievance Redressal), 20 (Governing Law, Jurisdiction and Arbitration) and 22 (Miscellaneous) shall survive any termination of these Terms or of the Customer's use of the Website / Portal.
22.7 — Language
These Terms have been drawn up in the English language, which shall be the language of governing interpretation. Any translation provided is for convenience only.
22.8 — E-Contract
The Customer acknowledges that these Terms are an electronic record published in terms of the Information Technology Act, 2000 and the rules made thereunder, and that no physical, electronic or digital signature is required for these Terms to be legally binding. The Customer's acceptance of these Terms (whether by clicking "I accept", by registering on the Portal, by placing an order, or by any other affirmative action) shall constitute the Customer's electronic signature for the purpose of these Terms.
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