TERMS OF USE OF THE PLATFORM
This document is an electronic record in terms of the information technology act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.amokshh.com website
This agreement ("Agreement") contains terms and conditions ("Terms" or "Terms of Use") that shall apply to a natural or legal person and who has access to and is using this Platform(Website) for Purchasing the Products listed on the Platform or otherwise, including but not limited to such users who have not created a Buyer(User) Account (defined below) and are accessing the Platform without such a Buyer Account.
Your are requested to carefully read the terms of this agreement. By registering on the platform as a buyer you hereby indicate your understanding, consent and unconditional acceptance of this agreement and any amendments thereto. By accepting the terms of this agreement, you hereby agree that you are desirous of purchasing the products on or using the platform and you shall abide by all the terms and conditions of this agreement and all other policies, terms of use, as may be issued by the company from time to time, governing the conduct of the buyers on the platform and for use of the platform. If you do not agree to the terms, you may not use this platform.
General Terms And Definitions
www.amokshh.com , an internet based ecommerce retail website (hereinafter be referred to as “Website") is operated by Amokshh Retail LLP (hereinafter to be referred as “Company” or “We” or “Our” or “Us”), a company duly incorporated under the provisions of the Companies Act, 2013.
Use of the Website is offered to You, subject to acceptance of all the terms, conditions and notices contained in these Terms including applicable policies which are incorporated herein by reference, along with any amendments / modifications made by Company at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a service(s).
- "Platform" shall mean and include www.amokshh.com, any successor website/applications, any website of the Company’s affiliates or any other channel facilitated and permitted by the Company.
- "Buyers", "You" or "Your"; shall mean any registered user who is a natural or legal person and who has access to and is using the Platform for the purpose of buying Products listed on the Platform or otherwise, including but not limited to such users who have not created a Buyer Account and are accessing the Platform without such a Buyer Account.
- "Products" shall mean all items available for sale on www.amokshh.com.
- "Prohibited Items" means any goods or materials the carriage of which is prohibited by any law, rule or regulation of any country in or over which the shipment travels including inter alia the goods which have been declared to be hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation), ADR (European Road Transport Regulation on dangerous goods.
- "Transactions" shall mean any transaction of sale of any of the Products, initiated or performed by the Buyer, utilising the Platform.
- "Terms" or "Terms of Use" or "Buyer Agreement" shall mean the terms and conditions required to be accepted by the Buyer prior to using the Platform.
Scope
The Company offers this Platform, including all information, tools available through this Platform to You, being the Buyer on a non-exclusive basis, and conditional upon Your acceptance of all the terms, policies and notices stated herein.
The Buyer’s use of the Platform, including but not limited to viewing information, acting on such information and the Transactions that may be implemented through the Platform, is governed by and shall be subject to these Terms and Company shall not be required to notify You, whether as a registered user or not, of any changes made to the Terms and Conditions ("Terms"). The revised Terms shall be made available on the Website. Your use of the Website and the Services is subject to the most current version of the Terms made available on the Website, at the time of such use. You are requested to regularly visit the Website to view the most current Terms. It shall be your responsibility to check the Terms periodically for changes. Your continued use of the Website, following changes to the Terms, will constitute your express acceptance of any changes to terms.
By (i) using this Website or any facility or service provided by this Website in any way; or (ii) merely browsing the Website, You agree that you have read, understood and agreed to be bound by, including without limitation, these Terms, the Website's Privacy Policy. and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use.
You also declare that, the information provided and/or self-certified copies of KYC documents submitted for registration through the Platform, are accurate, correct, valid and subsisting and the same shall vest with Company, as the case may be. You confirm and consent that the documents provided herein may be used by the Company to ensure compliance with all relevant and applicable regulatory and KYC requirements, as need be.
In the event You are representing an incorporated entity, You hereby confirm that You have been expressly authorised by such entity to consent this Buyer Agreement, and such entity agrees to be bound by the Terms. Also, You have represented to the Company that You have all the experience, applicable licenses, approvals and registrations for undertaking Your businesses and avail the platform.
Products and Services
- The Company provides an opportunity for You to purchase the Products from https://www.amokshh.com . Upon placing order, the Company shall ship the Product to You and will be entitled to its payment for the Services.
- All Products and information displayed on the Website/s constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as detailed in this Agreement. The Company may accept or reject Your offer in its sole discretion which cannot be contested by You.
- The Company, to the best of its knowledge, has displayed or attempts to display on the Website/s as accurately as is possible, colours of the Products that is displayed on the Website/s. However, the colours visible to You is solely dependent on your computer or Mobile Screens. Hence, no guarantee is provided by the Company regarding your visibility of the colours on the Website/s or other Mobile Mediums.
- The Company does not provide any warranty or guarantee that the Product descriptions are accurate, complete, reliable, current, or error-free. If a Product offered by the Website/s is not as described, Your sole remedy is to return it in unused, unsoiled and resale condition. However this return is subjected to our return policy at 'Cancellation & Return Policy'.
- The Platform is an e-portal for marketing, availing and selling of the Products. By visiting the Platform and/or buying/agreeing to buy the Products listed on the Platform for the consideration, costs, charges set out at the Platform and invoice issued to You, You agree to be bound by additional terms and conditions and policies as may be applicable to a particular Product which may be sold on the Platform. These Terms applies to all Buyers and other users of the Platform, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of data, content, information, pictorial representations and/or images ("Content").
- The Buyer shall pay the applicable costs, charges and fees for purchase of the Products (which will be listed at the Platform and the invoice issued to it) through the method/ medium provided at the Platform and as set out at https://www.amokshh.com/checkout.aspx and the Buyer shall not use any other method for making payments for the Products purchased through the Platform . [Upon initiation of a Transaction, the Company shall be entitled to receive the full payment for the Transaction from the Buyer in the Transaction Account unless otherwise agreed by the Company through other methods/ medium provided at the Platform and as set out at https://www.amokshh.com/checkout.aspx . All monies, fees, charges, and payments, Transaction amounts collected or paid through the Products are denominated in Indian Rupees and shall be subject to our refund, cancellation and chargeback policy as set out at https://www.amokshh.com/CancellationAndReturnPolicy.aspx.
- We reserve the right, but not the obligation, to limit the sales of the Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product made on this Platform is void where prohibited.
- We do not warrant that the quality of any Product, information, or other material purchased or obtained by You will meet Your expectations, or that any defects in the Products will be corrected.
Exclusion Of Liability
- You shall be responsible for obtaining all applicable licenses, permits, consents and approvals required in relation to the goods/ products/ items/ pets for which You propose to buy a Product.
- Company shall not be responsible for dealing with any damage, loss, cancellation, postponement, change or delay in delivery of the cargo or shipment or courier or mail or freight. The responsibility for communicating, managing and arranging for damage, loss, cancellation, postponement, change or delay is not expressly governed by these Terms and the Company is not liable either monetarily or otherwise to the Buyer, for such damage, loss, cancellation, postponement, change or delay in delivery of the cargo or shipment or courier or mail or freight. You shall abide by our refund, cancellation and chargeback policies set out at https://www.amokshh.com/CancellationAndReturnPolicy.aspx.
Online Purchase Terms And Conditions
- By agreeing to these Terms, You represent that You are at least the age of majority in Your state or province of residence in accordance with applicable laws.
- Plateform reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
- You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Plateform has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Plateform has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).
- Any fraudulent use of this Platform or applicable payment method for delivery of goods by air, water or road or otherwise, which causes any monetary loss to the Company as a result of Your action/inaction shall be recovered solely from You. Without prejudice to the above, the Company reserves the right to initiate legal proceedings against You for fraudulent use of this Platform or for any other unlawful act or omission in breach of this Buyer Agreement.
- In the event of any direct or indirect loss or damage (including reputational damage) suffered by the Company on account of the Content, the Company reserves the right to initiate legal proceedings against You for such damage.
- We will not be responsible for verifying any Content posted on the Platform. We are not responsible if information made available on the Platform is not accurate or not complete or not current. The material on the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary and more accurate sources of information. Any reliance on the material on the Platform is at Your own risk.
- You shall not use the Platform for any illegal or unauthorized purpose or for the "Prohibited Uses".
- You shall be solely responsible for all activities undertaken through Your Buyer Account, whether or not You have authorized such activities or actions and shall, at all times, keep the Company indemnified in this regard.
- You shall take all precautions and steps to ensure that that You are not mistaken or misrepresented with the Products offered at the Platform.
- You shall be responsible for checking the Content, Product description and other related information before proceeding to buy a Product on the Platform.
- You shall not use (directly or indirectly) the Platform and other facilities of the Company in any manner or in furtherance of any activity, which constitutes a violation of (i) of this Buyer Agreement; and (ii) a violation of any applicable law or regulation or which may cause the Company to be subject to investigation, prosecution or legal action.
- You agree and acknowledge that all Transactions and payments related thereto shall be subject to Company’s policies relating to cancellation, chargeback, refund of any Transaction and redressal and escalation matrix . Also, You agree that Company’s decision in respect of any cancelled Transaction, Chargeback Transaction, cancellation charges or refund of any Transaction or any cost shall be final and binding upon You.
- You shall provide all information requested by Us for creation/ opening of Your Buyer Account and usage of the Platform; and You agree and acknowledge that We are entitled to verify, examine and process all the information/ Content shared by You with Us and We, at Our sole discretion, are entitled to delete, modify and tweak such information/ Content for the Platform.
- A breach or violation of any of the Terms the Company reserves the right to immediately terminate and will entitle the Company to report such breach/ violation to the law enforcement agencies and initiate legal action against the Buyer for breach of the Terms in accordance with applicable laws.
- We reserve the right to refuse to not facilitate purchasing of the Products on the Platform to anyone (without assigning any reason), including You, at any time.
- You understand that Your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
- In certain cases, where buyer requires certain services in relation to a Product, such as warranty, after-sales or installation services, buyer shall directly contact seller or the manufacturer. However, in the event, buyer contacts Amokshh.com for the same, Amokshh.com may inform the seller to provide or facilitate the provision of such services to the buyer. Amokshh.com is not and shall not be obliged to provide any such additional services. Amokshh.com’s role in relation to facilitating such services shall be limited to facilitating communication between buyer and the seller for the purpose of provision of such additional services.
- Any purchase of the Products from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Products purchased are not transferrable to any third party for profit. Accordingly, Amokshh.com reserves the right to cancel any orders at any time which seems inappropriate and misleading.
Prohibited Acts
You acknowledge that as a Buyer You are prohibited from using the Platform :
- for any unlawful or fraudulent purpose;
- Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Company server, or to any of the services offered on or through the Website, by hacking, password mining or any other illegitimate means;
- to violate any local, international, federal, provincial or state regulations, rules, laws, or any applicable ordinances;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
- to infringe upon or violate Our intellectual property rights;
- to harass, abuse, insult, harm, defame, slander, libel, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Company, including any Company Account not owned by You, to its source, or exploit the Website or service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
- Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company or other third parties;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Violate any applicable laws or regulations for the time being in force within or outside India;
- Violate the Terms including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;
- Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
We reserve the right to terminate Your use of the Platform (Your Buyer Account) for violating any of the prohibited uses set hereinabove.
Services And Prices Modifications
We reserve the right at any time, without any prior intimation, to modify or discontinue the Platform without notice at any time. We shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance the Platform or any direct or indirect loss that may arise to you pursuant to such change or modification.
Intellectual Property Rights
The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Company or their third parties or respective third parties. You are not permitted to use the Marks without the prior consent of Company, the relevant third parties that may own the Marks.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Company owns all intellectual property rights to and into the trademark https://www.amokshh.com , and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Company or third party owner of such Content.
Personal Information And Privacy Policy
Your submission of personal information such as registration details, Transaction details and debit/credit card information etc., is subject to and is governed by Our Privacy Policy, as updated from time to time at https://www.Amokshh.com/privacypolicy.aspx. The collection, verification, audit and maintenance of correct and updated Buyer information is a continuous process and the Company reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC guidelines issued by the regulator.
Errors, Inaccuracies And Omissions
Occasionally there may be information on the Platform that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers, service shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Platform is inaccurate at any time without prior notice (including after You have submitted Your order for a Transaction or initiated a Transaction).
We undertake no obligation to update, amend or clarify information in relation to the Products or on the Platform, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Product or on the Platform, should be taken to indicate that all information on the Product or on the Platform has been modified or updated.
Disclaimer Of Warranties; Limitation Of Liability
We do not guarantee, represent or warrant that Your use of the Platform will be uninterrupted, timely, secure or error-free. Some Technical errors might be out of our reach (As network goes through various paths)
We do not warrant that the results that may be obtained from the use of the Platform will be accurate or reliable. You agree that from time to time we may remove any of the Services for indefinite periods of time or cancel the same at any time, without notice to you.
The services provided to You through the Platform are (except as expressly stated by Us) on an 'as is basis' and 'as available' for Your use, without any representation, warranties or conditions of any kind, either express or implied.
You expressly understand and agree that, to the maximum extent permitted by applicable law Plateform will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the website or any services, either with or without your knowledge.
We specifically disclaims any liability with regard to any illegal, infringing, fake, duplicate, spurious, defective or counterfeit, refurbished, expired Products purchased by You and We shall not assume any liability if the Products purchased or availed by You is not exactly as per specifications detailed in the purchase confirmation order issued at the Platform.
In no event shall the Company be liable to the Buyer (or to any third party claiming under or through the Buyer) for any indirect, special, incidental, consequential or exemplary damages arising from the Buyer use of, or inability to use, the Platform.
Personal Information And Privacy Policy
Your submission of personal information such as registration details, Transaction details and debit/credit card information etc., is subject to and is governed by Our Privacy Policy, as updated from time to time at
https://www.amokshh.com/privacypolicy.aspx . The collection, verification, audit and maintenance of correct and updated Buyer information is a continuous process and the Company reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC guidelines issued by the regulator.
Optional Tools And Third Party Links
We may provide You with access to third-party tools which We neither monitor nor have any control over nor do We provide any input nor take any responsibility for. You acknowledge and agree that we provide access to such tools on an "as is basis" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by You of optional tools offered through the Platform is entirely at Your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Certain content and services available via our Platform may include materials from third-parties.
Third-party links on this Platform may direct You to third-party Platforms that are not affiliated with Us. We are not responsible for examining, verifying or evaluating the content or accuracy of the same and We do not warrant and will not have any liability or responsibility for any third-party materials or Platforms, or for any other materials, or services of third-parties.
We are not liable for any harm or damages, directly or indirectly, related to the purchase or use of services, resources, Content, or any other transactions made in connection with any third-party platforms.
Payments related Information
- Presently, Amokshh.com does not levy any fee for browsing the Website. Amokshh.com may charge Users certain fees for the use of the Website and Services as a whole, or certain features of the Website / Services. You agree to pay any such fees, as may be applicable to the Services that You use.
- You agree to provide correct financial information, such as credit/debit card details to the Website payment gateway or pre-paid payment instrument account details or net banking or UPI account details for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument or net banking details or UPI ID which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/debit card or pre-paid instrument account or net banking account or UPI ID. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account or net banking details or UPI ID. Amokshh.com expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card or pre-paid instrument account.
- For Your making payments for buying the Products on the Website, in addition to the Agreement(s), the terms and conditions of Your bank, applicable financial institution and/or card issuing association may also be applicable to You. Your bank, financial institution or card issuing association may decline or prevent You from making electronic payments for buying the Products on Website and Plateform does not control the same and shall be liable for the same.
Feedback and Information
Any feedback You provide to this Website shall be deemed to be non-confidential. Amokshh.com shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (a) Your feedback does not contain confidential or proprietary information of You or of third parties; (b) Amokshh.com is not under any obligation of confidentiality, express or implied, with respect to the feedback; and (c) You are not entitled to any compensation or reimbursement of any kind from Amokshh.com for the feedback under any circumstances.
To clarify, Amokshh.com may at its discretion, make any modifications or changes to the Website, Content and / or Services on the basis of such feedback, however Amokshh.com shall not be obliged to do so. Further, in the event that Amokshh.com makes any changes or modifications to the Website, You expressly waive any and all rights in such changes or modifications to the Website, Content and / or Services. You hereby waive all rights under Section 19(4) of the Indian Copyright Act, 1956, or other similar provisions in laws of any jurisdiction, in relation to any such changes or modifications to the Website, Content and / or Services.
In Short, We are and shall be under no obligation to:
- maintain any Comments in confidence;
- pay compensation for any Comments;
- respond to any Comments; or
- verify, monitor, edit or remove Content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You undertake that your Comments will not violate any applicable law and right of any third-party, including, but not restricted to, copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that Your Comments will not contain libelous or otherwise unlawful, abusive, offensive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Platform. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments You make and their accuracy. We take no responsibility and assume no liability for any Comments posted by You or any third-party or any claims that may arise as a result of them.