Your use/access/browsing of the Platform or the Services or products or registration (with or without payment/with or without subscription) through any means shall signify Your acceptance of the Terms and this to be legally bound by the same.
If any provision of the Terms is held invalid by any law or regulation of any government, or by any court, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
- Use of this Platform is available only to persons who can enter into a legally binding contract 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 Platform. If You are a minor i.e. under the age of 18 years, you shall not register as a member of the Platform and shall not transact or use Platform. As a minor if You wish to use or transact on the Platform, such use or transaction may be made by your legal guardian or parents who have registered as users of the Platform. The Platform reserves the right to terminate your membership and refuse to provide You with access to the Platform if it is brought to Platform’s notice or if it is discovered that you are under the age of 18 years or are incompetent to contract as per applicable laws
- 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, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform.
- You agree to – i) immediately notify the Platform of any unauthorized use / breach of your password or account and b) ensure that you exit from your account at the end of each session.
- You are responsible for your acts and omissions.
- The Platform provides services such as enabling Users to purchase original merchandise such as clothing, footwear and accessories from various fashion and lifestyle brands (collectively, "Products").
- The Products can be purchased through the Platform through various methods of payments offered.
- The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. (which are found on the ‘Return Policy’ tab on the Platform and all of which are incorporated here by reference).
- The Platform does not warrant that Product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
- DISCLAIMER OF WARRANTIES AND LIABILITY
- This website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on The Platform on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, The Platform does not warrant that:
- This website will be constantly available, or available at all; or
- The information on this website is complete, true, accurate or non-misleading.
- The Platform will not be liable to You in any way or in relation to the contents of, or use of, or otherwise in connection with, The Platform.
- The Platform does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through The Platform; their servers; or electronic communication sent from The Platform are free of viruses or other harmful components;
- Nothing on The Platform constitutes, or is meant to constitute, advice of any kind;
- All the products sold on The Platform are governed by different state laws and if The Platform is unable to deliver such products due to implications of different state laws, The Platform will return or will give credit for the amount received by The Platform from the sale of such product, that could not be delivered to You;
- You will be required to enter a valid phone number while placing an order on The Platform. By registering your phone number with us, You consent to be contacted by The Platform via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates. The Platform will not use your personal information to initiate any promotional phone calls or SMS'.
- CONTENT POSTED ON PLATFORM:
- You may use information on the products and services purposely made available on the Platform for downloading, provided that You
- do not remove any proprietary notice language in all copies of such documents,
- use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
- make no modifications to any such information, and
- do not make any additional representations or warranties relating to such documents.
- The following actions will be considered as misuse of the website, and are thus prohibited:
- Transmission or distribution of technologically harmful data like virus, malicious software, trojan, etc.;
- Posting or transmitting content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm to any kind against any group or individual;
- Transmission of junk mails, spam or chain letters;
- Promoting illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Posting unsolicited promotional or advertising content;
- Distributing or reproducing any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights in any way;
- Promoting an illegal or unauthorised copy of another person's copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music file, providing or creating computer viruses;
- Providing instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or posting video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
- We hereby hold no liability to any sort of damage or harm caused to your software, data or computer device by downloading content from this website.
- USE OF WEBSITE
- You agree, undertake and confirm that your use of The Platform shall be strictly governed by the following binding principles:
- You shall not host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which You do not have any right to; or
- that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; or
- misleading in any way; or
- is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; or
- harasses or advocates harassment of another person; or
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"; or
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; or
- infringes upon or violates any third party's rights, (including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity]; or
- promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; or
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); or
- provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; or
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; or
- contains video, photographs, or images of another person without his or her express written consent and permission or the permission or the consent of his her guardian in the case of minor; or
- tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
- solicits gambling or engages in any gambling activity which The Platform, in its sole discretion, believes is or could be construed as being illegal; or
- interferes with another user's use and enjoyment of The Platform or any other individual's user and enjoyment of similar services; or
- harm minors in any way; or
- infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items; or
- violates any law for the time being in force; or
- deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or
- impersonate another person; or
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal identifiable information; or
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation; or
- shall not be false, inaccurate or misleading; or
- shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or
- shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
- You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. The Platform reserves the right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of The Platform, or any other systems or networks connected to The Platform or to any The Platform's server, computer, network, or to any of the services offered on or through The Platform, by hacking, password "mining" or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of The Platform or any network connected to The Platform nor breach the security or authentication measures on The Platform or any network connected to The Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to The Platform, or any other customer of The Platform, including any The Platform account not owned by You, to its source, or exploit The Platform or any service or information made available or offered by or through The Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by The Platform.
- You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of The Platform or The Platform's systems or networks, or any systems or networks connected to The Platform.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of The Platform or any transaction being conducted on The Platform, or with any other person's use of The Platform.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to The Platform on or through The Platform or any service offered on or through The Platform. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
- From time to time, You shall be responsible for providing information relating to the items or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.
- You understand that The Platform has the right at all times to disclose any information (including the identity of the persons providing information or materials on The Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and You hereby expressly authorize us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
- Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through The Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party advertiser. The Platform shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on The Platform.
- It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on The Platform and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You on the public forum due to your use of The Platform, and that the recipient may use such information to harass or injure You. The Platform does not approve of such unauthorized uses but by using The Platform You acknowledge and agree that The Platform is not responsible for the use of any personal information that You publicly disclose or share with others on The Platform. Please carefully select the type of information that You publicly disclose or share with others on The Platform, or from The Platform on other social platforms (eg, but not limited to Facebook).
- The Platform shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
- TRADEMARK, COPYRIGHT AND RESTRICTION:
The Platform is controlled and operated by AM Webshop and products are sold by respective Sellers. All material on Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on the Platform is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other the Platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of Our various Service. However, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable business purpose.
- GUARANTEE OF PRODUCTS/SERVICES:
The Platform hereby disclaims any guarantee of the accuracy in terms of finish and appearance of the final product as ordered by the user. The quality of any products, services, information, or other material purchased or obtained by you through the website may not meet your expectations.
- LIMITATION OF LIABILITY:
In no event shall the Platform or its owner, affiliates etc be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
- the use or the inability to use the Services or Products
- unauthorized access to or alteration of the user's transmissions or data
- breach of condition, representations or warranties by the manufacturer of the Products
- any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or Service. The Platform shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to The Platform. The User understands and agrees that any material and/or data downloaded at The Platform is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, the Platform’s liability shall be limited to an amount equal to the Products purchased value bought by You. The Platform shall not be liable for any dispute or disagreement between Users
- USER INFORMATION:
We may use the information it obtains relating to you, including your IP address, name, mailing address, email address and use of the "Products" for our internal business and marketing purposes, and may disclose the information to third parties for such purposes.
- INFORMATION COLLECTION AND USE BY THE PLATFORM:
We collect user submitted information, such as name and e-mail address, to authenticate users and to send notifications to those users relating to the Products/Services. We also collect other profile data including but not limited to: personal interests, gender, age and occupation. We also log non-personally-identifiable information including IP address, profile information, aggregate user data, and browser type, from Users. This data is used to manage the website, track usage and improve the Services. This non-personally-identifiable information may be shared with third-parties to provide more relevant services and advertisements to members. User IP addresses are recorded for security and monitoring purposes. We may also use a user's e-mail address to send updates, newsletters or news regarding the Services.
- LINKING TO THIS WEBSITE:
The Platform welcomes links to this Website. You may establish a hypertext link to Our Website, provided that the link does not state or imply any sponsorship or endorsement of your site by the Platform. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on the Platform, including any logos or characters, without the express written consent of the Platform and the owner of the mark or materials. You must not frame or otherwise incorporate into another third-party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on our website without our prior written consent.
- TERMINATION AND SUSPENSION:
The Platform reserves the right to suspend (deactivate) and/or terminate (delete) any user with or without notice at any time in its sole discretion, for any reason or no reason. You agree that, if you are suspended and/or terminated, you will make no further use of the Platform after termination (deletion of profile) or during suspension (deactivation of profile).
- PLATFORM FEE:
- The Platform Fee shall be specified on the check-out page on the Platform.
- The Platform Fee shall be charged on the overall cart value.
- The Platform reserves the right to modify/waive off the Platform Fee from time to time.
- The Platform Fee fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws for making payments to the Platform.
- RISK OF LOSS:
All items purchased from the Platform are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
- PRODUCT DESCRIPTION:
The Platform tries to be as accurate as possible. However, the Platform does not warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free.
- PRICING/TYPOGRAPHICAL ERROR:
If the Platform comes across any difference in pricing resulting from typographic errors wrt pricing or product information, the Platform shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from the customer within 15 business days of such corrective action taken. The mode of refund will be the same as at the time of placing the order. Cash on Delivery order refunds will be done by cheque.
- CANCELLATION OF ORDER:
The Platform reserves the right to cancel any order without any explanation for doing so, under situation where the Platform is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the Platform’s policy or order has invalid address/incorrect information or for any other reason. However, the Platform will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund, will be made in reasonable time.
- GRIEVANCE OFFICER:
In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:
You agree that any material breach of the Terms will result in irreparable harm to the Platform for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, the Platform will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if the Platform seeks such an injunction.
- NOTICES; MODIFICATION AND TERMINATION OF SERVICES; AMENDMENT OF TERMS:
- GOVERNING LAW AND DISPUTE RESOLUTION:
These Terms shall be governed by and construed in accordance with Indian laws. All disputes under these Terms shall be referred exclusively to courts at New Delhi, India.
- ENTIRE AGREEMENT:
These Terms constitute the entire agreement between you and AM Webshop relating to the subject matter, and cancel and supersede any prior versions of the Terms. You may not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use Safalta or third-party products or services.
- CUSTOMER CARE:
We make all best endeavours to provide You with a pleasant experience. In the unlikely event that You face any issues, please contact us at [●].