Effective Date (Last Updated): August-09, 2024.
This document is an electronic record in terms of Information Technology Act, 2000 (“IT Act, 2000”), the applicable rules thereunder and the provisions pertaining to electronic records in various statutes and as amended by the IT Act, 2000, from time to time. 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 (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, Privacy Policy and Terms of Use for access to or usage of www.amazingmall.co.in website.
The domain name www.amazingmall.co.in , including the related mobile site and mobile application as well as the Seller portal (seller.Amazingmall.co.in (hereinafter referred to as “Amazing Mall Platform”) is owned and operated by Amazing Mall a proprietor company, having its registered office at 6,Talav Faliyu , Singanporegam NR-D-Mart Katargam – Surat Gujarat-395004, India. (hereinafter, referred to as “ Amazing Mall” and for all purposes, the personal pronouns like “ we,” “ us,” “ our” be used).
The word ‘User’ shall collectively imply a Seller, a Buyer,
and any visitor on the Amazing Mall Platform seeking/requiring Products through
the Amazing Mall Platform and any other websites (hereinafter collectively
referred to as “ Site”) through
which Amazing Mall makes the “ Amazing
Mall E-Commerce Enabler Services” available, subject to this “ Buyers Agreement” & ‘ Terms &
Conditions” (hereinafter referred to as “Buyers Terms” or “ Terms”)
including applicable policies available on the Amazing Mall Platform,
notifications and communications sent to You on the Amazing Mall Platform which
are incorporated herein by way of reference. If You transact on the Amazing
Mall Platform, You shall be subject to the policies that are applicable to the
Amazing Mall Platform for such a transaction. By mere use of the Amazing Mall
Platform, You shall be contracting with Amazing Mall, and these terms and
conditions including the policies constitute Your binding obligations to
Amazing Mall. For the purpose of the Buyer Terms, wherever the context so
requires, ‘ You’ and ‘ Your’ shall relate to any natural or
legal person who has agreed to become a Buyer on the Platform by providing
registration data while registering on the Platform using computer systems.
When You use any current or future services provided by us
through the Amazing Mall Platform, You will be subject to the rules,
guidelines, policies, terms and conditions applicable to such services and they
shall be deemed incorporated into the Buyers Terms and considered a part and
parcel of the Buyers Terms. We reserve the right, at our sole discretion, to change,
modify, add, or remove portions of the Buyer Terms at any time. We will notify
You through any of the communication modes as mentioned in this Buyer Terms in
case of any changes or updates to the Buyer Terms that materially impact Your
use of the Amazing Mall Platform. Your continued use of the Amazing Mall
Platform following the changes or updates will mean that You accept and agree
to the revisions. As long as, You comply with the Terms, we grant You a
personal, non-exclusive, non-transferable, and limited privilege to enter and
use the Amazing Mall Platform.
ACCESSING, BROWSING, OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT WITH ALL THE TERMS AND CONDITIONS UNDER THE BUYER TERMS.
PLEASE READ THE TERMS
CAREFULLY BEFORE PROCEEDING. By implicitly or expressly
accepting the Buyer Terms, You also accept and agree to be
bound by all of Amazing Mall’s policies applicable to You, as amended, from
time to time.
The Amazing Mall Platform and Amazing Mall E-Commerce Enabler comprise an online platform through which the Seller may create Listed Products that You may learn about, connect, and buy Listed Products directly from the Seller or through Amazing Mall entrepreneurs. You understand and agree that Amazing Mall is not a party to any agreements entered into between Seller and You, nor is Amazing Mall a provider of any goods and/or Listed Products and/or services, an agent or insurer. Amazing Mall cannot and has no control over the content contained in any Listed Products and the condition, legality or suitability of any Listed Products and the conduct of Seller. Amazing Mall is not responsible for any/all Listed Products and disclaims any and all liability related to the maximum extent permitted by law for any/all Listed Products. Accordingly, any sales accepted will be at Your own risk.
Interpretations & Definitions
Clauses in this Terms are inserted for convenience only and shall not be used in its interpretation unless inserted for specific meaning/s. In these Terms, unless the context clearly indicates a contrary intention, a word or an expression which denotes a natural person shall include an artificial person (and vice versa), any one gender shall include the other genders, the singular shall include the plural (and vice versa) and the following words and expressions shall bear the meanings assigned to them below (and cognate words and expressions shall bear corresponding meanings):
“Affiliate” means with respect to a person, any other person which directly or indirectly controls, or is controlled by, or is under common control with, the specified person. For purposes of the preceding sentence, “control” of a person shall mean the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of such person, or direct or indirect ownership (beneficially or of record) of, or direct or indirect power to vote, 50% (fifty percent) or more of the outstanding shares of any class of capital stock of such person (or in the case of a person that is not a corporation, 50% (fifty percent) or more of any class of equity interest).
“Applicable Law” means any Indian statute, law, ordinance, regulation, rule, order, bye law, administrative interpretation, writ, injunction, directive, judgment or decree or other instrument which is for the time being in force in India.
“Buyer” means independent person, individual, firm or company or any organization or any legal entity of existence under the governance of the country, who visits or uses our Site in order to avail/ buy and receive Listed Products offered by the Seller and is available on our Site, application and Platform Services for monetary compensation / consideration.
"Collective Content" means Seller Content and Amazing Mall Content.
"Content" means text, graphics, images, audio, video, software (excluding the application), information or other materials of promotion of the Listed Products displayed by the Seller for sale, on the Site, application, and Amazing Mall Platform Services .
“Deliverables” means any quantum of Listed Products agreed and provided (for an agreed monetary compensation/consideration) and to be delivered by the Seller to a Buyer to complete the sale.
“Intellectual Property” means trade name, trademark, logo, copyright, service mark used by Amazing Mall in relation to its business and any other form of intellectual property.
“Jurisdiction” means the authority of the courts of Surat city, Gujarat, INDIA, only, in case of any legal implication/cases.
"Listed Products" means an offer to sell and deliver products that is posted by a Seller via the Amazing Mall Platform.
"Seller Content" means all Content that a Seller posts, uploads, publishes, submits, transmits, or includes in their Listed Products or Seller profile to be made available through the Amazing Mall Platform.
“Platform” means the information technology online platform with related technology and applications that operates the Site & application of Amazing Mall.
“SNS” means certain third-party Social Networking Sites (SNS) (including, but not limited to, all third parties through which You access our Site, application, and Platform Services.
“Sale Price” means the total price in INR (inclusive of taxes but can/may be shown, calculated, and added separately) quoted and displayed by the Seller on Amazing Mall Platform, to the Buyer who wishes to avail the Listed Products from an approved Seller on the Amazing Mall Platform.
“Buyer Terms” means the entirety of this ‘Terms and Conditions’. “Amazing Mall Account” shall mean Buyer’s account on the Amazing Mall Platform.
"Amazing Mall Content" means all Content that Amazing Mall makes available
through the Amazing Mall Platform and Amazing Mall E-Commerce Enabler,
including any Content licensed from a third party.
“Amazing Mall Group Entities” means all the subsidiaries and Affiliates of Amazing Mall.
Certain areas of the Amazing Mall Platform (and your access to or use of certain aspects of the Platform Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Amazing Mall Platform, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Amazing Mall Platform, or Collective Content.
Conditions Relation to Your Use of Amazing Mall Platform
1. Your Account
If You use the website, You are responsible for maintaining
the confidentiality of Your account and password and for restricting access to
Your computer to prevent unauthorized access to Your account. You agree to
accept responsibility for all activities that occur under Your account or
password. You should take all necessary steps to ensure that the password is
kept confidential and secure and should inform us immediately if You have any
reason to believe that Your password has become known to anyone else, or if the
password is being, or is likely to be, used in an unauthorized manner. Please
ensure that the details You provide us with are correct and complete and inform
us immediately of any changes to the information that You provided when
registering. You agree and acknowledge that You will use Your account on the
website to purchase products only for Your personal use and not for business
purposes. Further, under no circumstance will Amazing Mall call or ask for any
password or OTP from the Buyer. In the event, if You share your password or OTP
with any person or entity who may or may not be associated with Amazing Mall in
relation to any order or Products purchased from the Amazing Mall Platform, it
shall be your sole responsibility and Amazing Mall would not take any liability
for the same.
Please go through our “Privacy Policy”, that governs Your
visit to www.amazingmall.co.in , to understand our practices. The personal
information / data provided to us by You during the course of usage of Amazing
Mall Platform will be treated as strictly confidential and in accordance with
the Privacy Policy and applicable laws and regulations. If You object to Your
information being transferred or used, please do not use the Amazing Mall
Platform.
As per the Amazing Mall’s policies, You must be of at least
18 (Eighteen) complete years of age to register, access or use the Amazing Mall
Platform of Amazing Mall, and represents and warrants that You are of legal age
to form a binding contract and meet all the eligibility requirements to enter
into a valid contract. If the Amazing Mall suspect that You are under the age
of 18 (Eighteen) complete years, the reporting mechanism available through this
Site will be followed. If You are accessing or using the Site on behalf of
another person or entity, You represent that they are authorized to accept
these Buyer Terms and that the person or entity agrees to be responsible to
Amazing Mall, if You or the other person or entity violates these Buyer Terms.
If You do not meet any or all of the Buyer Terms, we request not to register
with us.
4. Amazing Mall’s Role as a Facilitator
The Amazing Mall Platform acts as a platform that Users
utilize to independently meet and interact with one another for their
transactions. Amazing Mall is not and cannot be a party to any transaction or
dispute between users on the Platform. Amazing Mall is not a seller of the
Products, agent, or insurer. Unless explicitly specified otherwise in the
Amazing Mall Platform, Amazing Mall's responsibilities are limited to: (i)
facilitating the availability of the Amazing Mall Platform and Amazing Mall
E-Commerce Enabler Services; and (ii) serving as the limited payment collection
agent of each Seller for the purpose of accepting payments from Buyer on behalf
of the Seller. The Amazing Mall Platform can be used to facilitate and sale of
Listed Products.
5. Services Provided
Amazing Mall may provide the following services to the
Buyers for facilitation of sale of Listed Products:
1. a.
Information and assistance in relation to the Listed Products and sale thereof;
2. b.
Information in relation to the status of the order placed by Buyers;
3. c.
Operating a customer help desk for other inquiries in relation to products and
orders; and
4. d. Buyers
complaints and grievances.
You agree and undertake to fully co-operate with the Amazing
Mall as reasonably required, in connection with any customer-service functions
undertaken by Amazing Mall. Further, You agree and acknowledge that once an
order is placed for the Products on the Amazing Mall Platform and accepted by
the Seller, it cannot be cancelled.
6. Return Policy
Buyer agrees, acknowledges and undertakes that Amazing Mall
has a definite return policy and it shall be followed in case of return of any
Products to the Seller. Return policy is applicable to only those Products that
the Buyers have received in a condition that is physically damaged, has missing
parts or accessories, defective or substantially different from their
description on the product detail page of Amazing Mall Platform. Return will be
processed only when it is established that:
1. a. the Product was not damaged while in the possession of the Buyer;
2. b. the
Product is not different from what was shipped to the Buyer;
3. c. the
Product returned by the Buyer is in its original condition and form;
4. d. the
Product is not covered in the non-returnable category.
To qualify for Amazing Mall’s return policy, Buyers have to
record a video of unboxing of the package delivered to them and further upload
this video on the return window of the official website of Amazing Mall while
filing for a return or email on order@Amazing Mall.co.in. Return/replacement
has to be claimed within 7 (seven) days from the date of delivery of the
Product. Amazing Mall will verify the videos uploaded and will initiate the
return process post receipt of the return request and verification. Amazing
Mall follows a strict return procedure and will not accept any return request
without verifying the unboxing videos of the damaged or wrong Products. Refund
for the returned Products will be initiated 15 (Fifteen) days after the Product
is received by the respective Seller and is duly verified. In the event of any
discrepancy found in the returned product, return request shall stand
cancelled.
7. Access to Amazing Mall
You agree, understand and acknowledge that your access to
and use of the Amazing Mall Platform, cannot be assured/guaranteed due to the
nature of the internet. Your access to the Platform Services available on the
Amazing Mall Platform may also be occasionally interrupted, suspended or
restricted, without prior notice, from time to time as a result of equipment
malfunction, updating, maintenance, introduction of new Products or repair of
the Platform Services available on the Amazing Mall Platform or any other
reason within or outside of Amazing Mall’s control. Amazing Mall will attempt
to & if within its control, limit the frequency and duration of any such
interruption, suspension or restriction. Amazing Mall reserves the right to
suspend or discontinue the availability of the Platform Services available on
the Amazing Mall Platform, any service or remove any content at any time at its
sole discretion without prior notice. Amazing Mall may also impose limits on
certain features and services or restrict the Your access to parts of or all of
the Platform Services available on the Amazing Mall Platform without prior
notice or liability. The Amazing Mall Platform shall not be used or relied upon
for storage of the Your content and are directed to retain copies of all your
content posted on the Amazing Mall Platform.
8. Consent to Communication
When You visit Amazing Mall Platform, You are communicating
with Amazing Mall electronically. You will be required to provide a valid login
ID and password while visiting the Site or using the Amazing Mall Platform. We
may communicate with You by e-mail, SMS, phone call, chat, instant messages,
text messages or by posting notices on the Amazing Mall Platform or by any
other mode of communication. For contractual purposes, You consents to receive
communications (including transactional, promotional and/or
informative/commercial communication), from us with respect to Your use of the
Amazing Mall Platform and/or order/s placed by You on the Amazing Mall Platform
9. Intellectual Property Rights
This Policy does not convey to you any rights of ownership
in or related to the Amazing Mall Platform and Amazing Mall E-Commerce Enabler
Services, the Amazing Mall technology or the intellectual property rights owned
by Amazing Mall. The Amazing Mall name, the Amazing Mall logo, and the product
names associated with the Amazing Mall Platform and Amazing Mall E-Commerce
Enabler Services are trademarks of Amazing Mall or third parties, and no right
or license is granted to use them.
Notwithstanding anything agreed between the Seller and the Buyer, both Seller and Buyer shall grant to Amazing Mall, and its Principals / Affiliates the irrevocable and unrestricted rights to such content throughout the world in any media, non-exclusive, royalty-free, without any consideration or compensation, perpetual, non-exclusive, fully transferable license, with right to sublicense, to use, publish, view, copy, adapt, modify, translate, create derivative works, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, reproduce, and distribute the copyrighted work (images/photographs/videos/audios) in any manner and medium for a) personal, non-profit uses; b) commercial uses; and c) editorial purposes.
You agree that the rights granted above are irrevocable during the entire period of protection of the Your intellectual property rights associated with such content and material.
10. License to Access Amazing Mall Platform
Subject to Your compliance with these Buyer Terms and on
payment of applicable fees, if any, Amazing Mall grants You a limited
non-exclusive, non-transferable license to access the Amazing Mall Platform, to
(i) access and view any Amazing Mall Content solely for Your personal and
non-commercial purposes and (ii) access and view any Seller Content to which
You are permitted access, solely for Your personal and non-commercial purposes.
You have no right to sublicense the license rights granted in this section.
Amazing Mall reserves all rights in the Amazing Mall Platform not expressly granted to You by these Buyer Terms.
You acknowledge that Amazing Mall reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Amazing Mall reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. Any unauthorized use will terminate the permission or license to the Buyer, to access this Amazing Mall Platform, granted by Amazing Mall and / or its principals & Affiliates, as applicable.
11. Your Conduct
You understand and agree that You are solely responsible for
compliance with any and all laws, rules, regulations, tax obligations that may
apply to Your use of the Amazing Mall Platform and Collective Content
(photographs, audio, video, code, information, data, text, music, sound,
graphics, messages or other materials included as Seller Content, that you
submit, post, publish or display) anywhere on the Amazing Mall Platform.
You must not use the Amazing Mall Platform in any way that causes, or is likely to cause, the Amazing Mall Platform or access to it to be interrupted, overburdened, damaged or impaired in any way. You understand that you, and not Amazing Mall, is responsible for all electronic communications and content sent from your computer / laptop / tablet / mobile or any similar communication device to us and You are permitted to use the Amazing Mall Platform for lawful purposes only. Amazing Mall reserves the right to investigate any content and take appropriate legal action against anyone who, in Amazing Mall’s sole discretion, violates this provision, including without limitation, removing the content from the Amazing Mall Platform, suspending or terminating the account of such violators and reporting the Buyers to the law enforcement authorities.
You must not and agrees not to use the Amazing Mall Platform for any of the following:
i. To register for more than one
Amazing Mall Account or register for an Amazing Mall Account on behalf of an
individual other than yourself;
ii. To recruit or otherwise solicit any
Buyer, employee, consultant or any other person professionally associated with
Amazing Mall to join third-party Services or Sites that are competitive to
Amazing Mall, without Amazing Mall's prior written approval.
iii. To interfere with, disrupt and/or
damage the Amazing Mall Platform or servers or networks connected to the
Amazing Mall Platform, or disobey any requirements, procedures, policies or
regulations of networks connected to the Amazing Mall Platform.
iv. To access, tamper with, or use
non-public areas of the Amazing Mall Platform, Amazing Mall's computer systems,
or the technical delivery systems of Amazing Mall's providers.
v. To attempt to probe, scan, or test the
vulnerability of any Amazing Mall system or network or breach any security or
authentication measures.
vi. To use manual or automated software,
devices, scripts, robots, backdoor or other means or processes to access,
"scrape," "crawl" or "spider" any web pages or
other services contained in the Amazing Mall Platform or Collective Content.
vii. To avoid, bypass, remove, deactivate,
impair, descramble, or otherwise circumvent any technological measure
implemented by Amazing Mall or any of Amazing Mall's providers or any other
third party (including another Seller) to protect the Amazing Mall Platform or
Collective Content.
viii. To forge any TCP/IP packet header or any
part of the header information in any email or newsgroup posting, or in any way
use the Amazing Mall Platform or Collective Content to send altered, deceptive
or false source-identifying information.
ix. To systematically retrieve data or
other content from our Amazing Mall Platform to create or compile, directly or
indirectly, in single or multiple downloads, a collection, compilation,
database, directory or the like, whether by manual methods, through the use of
bots, crawlers, or spiders, or otherwise.
x. To attempt to decipher, decompile,
disassemble or reverse engineer any of the software used to provide the Amazing
Mall Platform or Collective Content or to advocate, encourage, or assist any
third party in doing any of the foregoing.
xi. If it contains, without limitation,
any software viruses, cancel bots, trojan horses, harmful code, flood pings,
denial-of-service attacks, backdoor, packet or IP spoofing, forged routing or
electronic mail address information or similar methods or technology or any
other files or programs designed to interrupt, destroy or limit the
functionality of any communication device software or hardware or
telecommunications equipment.
xii. To use, access or attempt to access our
Amazing Mall Platform or the Amazing Mall Application Program Interface (API)
to: use, expose, or allow to be used or exposed, any Amazing Mall Content: (i)
that is not publicly displayed by Amazing Mall in its search results pages or
Listed Products pages before a booking is confirmed; (ii) in any way that is
inconsistent with the Amazing Mall Privacy Policy or Buyer Terms;
xiii. To upload, post, publish, submit or
transmit any content under any law or under contractual or fiduciary
relationships that (i) infringes, misappropriates or violates any persons’ or
entity or a third party's patent, copyright, trademark, trade secret, moral
rights, intellectual property rights, rights of publicity, privacy rights and
contractual rights. (ii) If it is objectionable, illegal, unlawful, harmful,
threatening, harassing, defamatory, tortious, excessively violent, vulgar,
obscene, pornographic, offensive (including but not limited to material that is
sexually explicit content or which promotes racism, bigotry, hatred or physical
harm), deceptive, misleading, abusive, indecent, blasphemous, defamatory,
libellous, obscene, pornographic, pedophilic or menacing; (iii) promotes
discrimination, bigotry, racism, hatred, harassment or harm against any
individual or group; (iv) is fraudulent, false, misleading or deceptive; (v)
violates, or encourages any conduct that would violate, any applicable law or
regulation or would promote any harmful and/or criminal activity or give rise
to civil liability; (vi) is violent or threatening or promotes violence or
actions that are threatening to any other person; or (vii) promotes illegal or
harmful activities or substances; (viii) If it causes annoyance, inconvenience
or needless anxiety and poses or creates a privacy or security risk to any
person or is otherwise injurious to third parties; (ix) Relates to or promotes
money laundering or gambling; (x) Harmful to minors in any way; (xi) Threatens
the unity, integrity, security or sovereignty of India or friendly relations
with foreign States; political campaigning and likewise.
xiv. If it is ethically objectionable,
disparaging or in breach of copyright, trademark,
confidentiality, invasive of another’s privacy of any/all
other proprietary information or right;
xv. To Impersonate any person or entity, or
falsely state or otherwise misrepresent yourself or your affiliation with a
person or entity; to transmit, distribute, post or submit any information
concerning any other person or entity, including without limitation,
photographs of others without their permission, personal contact information or
credit, debit, calling card or account numbers.
xvi. To harvest, gather or collect email
addresses or other contact information of other Buyer’s or third-parties from
the Amazing Mall Platform by electronic or other means for the purposes of
sending unsolicited emails or other unsolicited communications.
xvii. To "stalk" or “harass” any
other Buyers of our Amazing Mall Platform or Collective Content, or collect or
store any personally identifiable information about any other Buyers.
xviii. To contact a Buyer for any purpose other
than asking a question related to Listed Products.
xix. To find a Seller or Buyer and then
complete a sale of Products independent of the Amazing Mall Platform, in order
to circumvent the obligation to pay any fees related to Amazing Mall's
provision of the sale of Products or for any other reasons.
xx. In the sole judgment of Amazing Mall,
is objectionable or which restricts or inhibits any other person from using or
enjoying the service, or which may expose Amazing Mall or its Buyer to any harm
or liability of any type.
Amazing Mall has the right to investigate and prosecute
violations of any of the above to the fullest extent of the law. Amazing Mall
may access, preserve and disclose any of your information if we are required to
do so by law, or if we believe in good faith that it is reasonably necessary to
(i) respond to claims asserted against Amazing Mall or to comply with legal
process (for example, subpoenas or warrants), (ii) enforce or administer our
agreements, such as these, (iii) for fraud
prevention, risk assessment, investigation, Buyer support,
product development and de-bugging purposes, or (iv) protect the rights,
property or safety of Amazing Mall, its members, or members of the public.
You acknowledge that Amazing Mall has no obligation to monitor your access to or use of the Amazing Mall Platform or Collective Content or to review or edit any Seller Content, but has the right to do so for the purpose of operating and improving the Amazing Mall Platform (including without limitation for fraud prevention, risk assessment, investigation and Buyer support purposes), to ensure your compliance with these Buyer Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Buyer Terms. Amazing Mall reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Amazing Mall, at its sole discretion, considers to be objectionable for any reason, in violation of these Buyer Terms or otherwise harmful to the Amazing Mall Platform.
Any information or advertisements uploaded on, distributed through, or linked, downloaded or accessed from any of the services contained on the Amazing Mall Platform or any offer displayed on or in connection with any service offered on the Amazing Mall Platform (" Platform Information") is intended, solely to provide general information for the personal use of the Buyers, who fully accept any and all responsibility and liabilities arising from and out of the use of such Platform Information.
12.No Endorsement
Any references on the Amazing Mall Platform to a Seller
being "verified" or "connected" (or similar language) only
indicate that the Seller has completed a relevant verification process and does
not represent anything else. Any such description is not an endorsement,
certification or guarantee by Amazing Mall about any Seller, including of the
Seller's identity and whether the Seller is trustworthy, safe or suitable.
Instead, any such description is intended to be useful information for Buyers
to evaluate when they make their own decisions about the identity and
suitability of others whom they contact or interact with via the Amazing Mall
Platform. We therefore recommend that Buyers always exercise due diligence and
care when deciding whether to enter into a contract for Products. Accordingly,
we encourage Buyers to communicate directly with Sellers on the Amazing Mall
Platform regarding any sale or Listed Products made by the Sellers.
13. Reviews, Comments, Communications, and Other Content
You may on the Amazing Mall Platform, post reviews, comments
and other content; send communications; and submit suggestions, ideas,
comments, questions, feedback or other information, as long as the content is
not illegal, obscene, abusive, threatening, defamatory, invasive of privacy,
infringing of intellectual property rights, or otherwise injurious to third
parties, or objectionable and does not consist of or contain software viruses,
political campaigning, commercial solicitation, chain letters, mass mailings, or
any form of "spam". In the event, You use a false e-mail address,
impersonates any person or entity, or otherwise misleads as to the origin of
any content. Amazing Mall reserves the right (but not the obligation) to
remove, refuse, delete or edit any content that in the sole judgement of
Amazing Mall violates these Buyer Terms and, or terminate the Your permission
to access or use the Amazing Mall Platform.
14.Claims against Objectionable Content
Because Amazing Mall lists many Products for sale offered by
Sellers on the Amazing Mall Platform and hosts hundreds and thousands of
comments, it is not possible for us to be aware of the contents
of each service listed for offer on sale, or each comment or
review that is displayed. Accordingly, Amazing Mall operates on a "notice
and takedown" basis.
If we believe that any content on the Amazing Mall Platform is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (" Objectionable Content"), Amazing Mall reserves the exclusive rights and authority to check, investigate and remove, if found necessary, such Objectionable Content immediately without any prior notice.
If You believe a member is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) suspect of stealing from you, or (iii) engages in any other disturbing conduct, You should immediately report to Amazing Mall by contacting us.
15.Disclaimer
You agree understands and acknowledges that the Amazing Mall
Platform is an online platform that enables You to search, select and make
purchases of Products from the Sellers listed on the Amazing Mall Platform at
the price/value indicated therein at any time from any location in India.
You further agree understands and acknowledges that Amazing
Mall itself does not provide any Products and is only a facilitator and is not
and cannot be a party to or control in any manner any transactions made by the
Seller on the Amazing Mall Platform. Further, Amazing Mall holds no
responsibility or assurity regarding the authenticity of price and quality of
the Products of the Seller, in case of any discrepancy found in relation to the
price or quality of the product, Amazing Mall shall not be held liable for any
damage or loss occurred to You. In no event, any suit or proceedings or claims
shall lie or be initiated by You, against Amazing Mall for any damage or loss
caused, due to the usage or consumption of the Products of the Seller. However,
Amazing Mall shall extend all their assistance in resolving the dispute between
You and Seller amicably but shall not be a party of any dispute between You and
Seller. It is expressly stated that Amazing Mall’s responsibilities are limited
to the obligations as mentioned in these Buyer Terms. There are risks that the
You must assume when dealing with the Seller (including those who may be acting
under false pretenses). You agree to use the Amazing Mall Platform or
collective content and that any/all these risks are borne by You, and not
Amazing Mall.
You agrees & acknowledges that: (i) Amazing Mall is not
a party to any agreements entered between Seller and You, (iii) Amazing Mall
provides and facilitates payment processing services, (iv) Amazing Mall is not
a broker, agent, or insurer (iv) Amazing Mall doesn’t guarantee the quality,
delivery and authenticity of the Listed Product purchased by a You through
Amazing Mall Platform.
You further agree, understand, acknowledge, and undertake
that You are accessing the Amazing Mall Platform and transacting at Your own
risk and are using Your best and prudent judgment before entering into any
transactions through the Amazing Mall Platform. The Amazing Mall E-Commerce
Enabler Services provided are on an “as-is” and “as-available” basis. Without
limiting the foregoing, Amazing Mall explicitly disclaims all warranties or
representations whether expressed, implied or statutory, including but not
limited to, the implied warranties of merchantability, quality,
suitability, accuracy, reliability, completeness,
reliability, timeliness, truthfulness, performance, safety, fitness for a
particular purpose, title and non-infringement, quiet enjoyment, and any
warranties arising out of course of dealing or usage of trade or legality of
the Amazing Mall Platform listed or displayed or transacted or the content
(including service or pricing information and/or specifications) on the Amazing
Mall Platform.
Amazing Mall makes no warranty that the Amazing Mall Platform, Collective Content, including, but not limited to, (i) the type and quality of any information, or other purchases or obtained by You, may meet any specific or general requirements, (ii) the Amazing Mall E-Commerce Enabler Services may be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Amazing Mall E-Commerce Enabler Services will be of accuracy, reliability, timeliness, truthfulness, completeness of any collective content (iv) the Listed Products, may meet Your requirements or be delivered on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Amazing Mall or through the Amazing Mall Platform or collective content, will create any warranty not expressly made herein.
Third parties other than Amazing Mall and its principals, affiliates & subsidiaries may operate product stores and provide newer Products on Amazing Mall. In addition, we may provide links to the websites of affiliated companies and certain other businesses. However, we are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these individuals, businesses and organizations or the content of their websites. Amazing Mall does not assume any responsibility or liability for the actions, services, and content of any of these and any other third parties. You can tell when a third-party is involved in Your transactions, and we may share Your information related to those transactions with that third-party. You should carefully review their ‘Privacy Statement / Policy’ and their ‘Terms of Use’ before making any transactions and Amazing Mall will have no kind of obligations or liabilities in respect of any transactions done by the You on these websites.
You agree to take reasonable precautions and shall be solely responsible for all of Your communications and interactions with the Sellers on the Amazing Mall Platform and with other persons with whom you communicate or interact as a result of Your use of the Amazing Mall Platform, particularly if You decide to meet offline or in person regardless of whether such meetings are organized by Amazing Mall or not. Notwithstanding anything herein, Amazing Mall is appointed as the limited payment collection agent on behalf of the Seller for the purpose of accepting payments from You only. Amazing Mall explicitly disclaims all liability for any act or omission of any You or other third party.
While we have taken precautions to avoid inaccuracies in content on this Amazing Mall Platform, all content, information (including the price of Products), software and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any Products on the Amazing Mall Platform. At no time shall any right, title or interest in the third-party Products sold through or displayed on the Amazing Mall Platform vest with Amazing Mall nor shall Amazing Mall have any kind of obligations or liabilities in respect of any transactions on the Amazing Mall Platform.
16. Links to third-party Websites
The Amazing Mall Platform may contain links to third-party
websites or resources. You acknowledge and agree that Amazing Mall is not
responsible or liable for: (i) the availability or accuracy of such websites or
resources; or (ii) the content, products, or Products on or available from such
websites or resources. Links to such websites or resources do not imply any
endorsement by
Amazing Mall of such websites or resources or the content,
products, or Products available from such websites or resources. You
acknowledge sole responsibility for and assume all risk arising from Your use
of any such websites or resources or the Content, products or Products on or
available from such websites or resources.
These Buyer Terms do not and are not intended to confer any
rights or remedies upon any person other than the parties involved.
Notwithstanding the foregoing, the parties agree that the payment gateway
companies are third party beneficiaries of these Buyer Terms for purposes of
enforcing provisions related to payments, but that their consent or agreement
is not necessary for any changes or modifications to these Buyer Terms.
IN NO EVENT SHALL AMAZING MALL BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH
THE BUYER TERMS, EVEN IF AMAZING MALL HAS BEEN INFORMED IN ADVANCE OF THE
POSSIBILITY OF SUCH DAMAGES.
You hereby expressly acknowledge, understand and agree to
release, defend, indemnify and hold harmless, Amazing Mall, its principals,
affiliates and subsidiaries & and their respective founders, co-founders,
directors, officers, agents and employees (collectively known as “ Indemnities”), harmless from any and/or
all cost, damage, liability, claims or demands, losses, (direct or indirect
losses, including but not restricted to, incidental, special, consequential,
exemplary damages, or damages for loss of profits, loss of goodwill, use, data
or other intangible losses), expenses, including reasonable legal and
accounting fees, or other consequential losses, actions against any Seller
Content, arising out of or in any way connected with i) Your access to or use
of the Amazing Mall Platform, or Collective Content; ii) sale of Products; iii)
Your violation of these Buyer Terms or Your violation of any rights of another,
or actions of any kind and injury (including death) arising out of or relating
to Your use of the Amazing Mall Platform; iv) The cost of procurement of
substitute/alternate Products resulting from any data, information or Products
purchased or obtained or messages received or transactions entered into through
or from the access to or use of the Amazing Mall Platform; vii) Unauthorized
access to or alteration of or transmissions of data of any other Seller
Content; viii) Statements or conduct of any third party on the Amazing Mall
Platform; ix) Any other matter relating to the service, loss of profits,
revenue, contracts, anticipated savings, data, goodwill or wasted expenditure)
or any other indirect or consequential loss that is not reasonably foreseeable
to both, You and us when you commenced using the Amazing Mall Platform.
The technology and software underlying the Amazing Mall
Platform is the sole property of Amazing Mall. Additionally, the Buyer Terms
found here, apply to any software (including any updates or upgrades to the
software and any related documentation) that we make available to You from time
to time for Your use of Amazing Mall E-Commerce Enabler Services or any other
services.
You may use the Amazing Mall Platform (including any updates
or upgrades to the software, website, and any related documentation) solely for
purposes of enabling Your use and enjoy the Amazing Mall E-Commerce Enabler
Services as provided by Amazing Mall, and as permitted by the Buyer Terms. You
will not incorporate any portion of the Amazing Mall Platform into Your own programs
or compile any portion of it in combination with Your own program/s, transfer
it for use with another service/s, or sell, rent, lease, lend, loan, distribute
or sub-license the ‘Software’ or otherwise assign any rights to the ‘Software’
in whole or in part. You will not use the ‘Software’ for any illegal purpose.
We may cease providing the Amazing Mall Platform and may terminate the rights
to use the Amazing Mall Platform, in part or whole, at any time. Your right to
use the ‘Software’ will automatically terminate without notice from us if You
fail to comply with any of the ‘Amazing Mall Platform Terms’, the “Terms &
Conditions’’ or any other terms. Additional third-party terms contained within
or distributed with certain the ‘Amazing Mall Platform’ that are specifically
identified in related documentation may apply to that the ‘Amazing Mall
Platform’ (or any other software incorporated with the ‘Amazing Mall Platform’)
and will govern the use of such software in the event of a conflict with these
Buyer Terms. All software used in any Amazing Mall E-Commerce Enabler Services
is the property of Amazing Mall and/or its principals & affiliates or its
software suppliers and protected by laws of India including but not limited to
any other applicable copyright laws.
When You use the ‘Amazing Mall Platform’, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Moreover, You will be subjected to the separate and different Privacy Policies and other Policies, Terms of Use, and fees of these third parties.
You agree not to, and will not encourage, assist or authorize any other person to copy, modify, create a derivative work of, reverse engineer, reverse assemble, decompile or disassemble, or otherwise tamper with, the ‘Amazing Mall Platform’, whether in whole or in part, or create any derivative works from or of the ‘Amazing Mall Platform’ or attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Amazing Mall Platform. Any rights not expressly granted herein are reserved by Amazing Mall.
In order to keep the ‘Software’ up to date, we may offer automatic or manual updates at any time without any prior notice to You.
21.General
The failure of Amazing Mall to enforce any right or
provision of these Buyer Terms will not constitute a waiver of future
enforcement of that right or provision. The waiver of any such right or
provision will be effective only if in writing and signed by a duly authorized
representative of Amazing Mall. Except as expressly set forth in these Buyer
Terms, the exercise by either party of any of its remedies under these Buyer
Terms will be without prejudice to its other remedies under these Buyer Terms
or otherwise. If for any reason an arbitrator or a court of competent
jurisdiction finds any provision of these Buyer Terms invalid or unenforceable,
that provision will be enforced to the maximum extent permissible, and the
other provisions of these Buyer Terms will remain in full force and effect.
22.Amendment of Buyer Terms
Amazing Mall reserves the right, at its sole discretion, to
make changes, amends, modifications, additions and likewise to the Amazing Mall
Platform, policies and/or modify the Buyer Terms, or any policy or guidelines
of Amazing Mall E-Commerce Enabler Services, including the Amazing Mall fees,
at any time without prior notice. All modifications made in these Buyer Terms
will be effective
immediately upon posting on the Amazing Mall Platform and
will replace any prior version unless prior versions are specifically referred
to or incorporated into the latest modification. Upon modification, Amazing
Mall will post the changes on this page and will indicate at the top of this
page the date these Buyer Terms were last revised. You agrees to routinely
monitor the Buyer Terms to review and become familiar with such modifications.
Your continued use of the Amazing Mall Platform, after such modification will
be construed as manifestation of Your assent to the amends, modifications,
additions and likewise to the Buyer Terms. You will be subject to the policies
and Buyer Terms in force at the time that You use the Amazing Mall Platform or
order Products from the Amazing Mall Platform, unless any change to those
policies or these Buyer Terms is required to be made by law or government
authority (in which case it will apply to orders previously placed by the
Buyer). If any of these Buyer Terms is deemed invalid, void, or for any reason
unenforceable, that condition will be deemed severable and will not affect the
validity and enforceability of any remaining condition. If the modified Buyer
Terms are not acceptable to You, Your only recourse is to cease using the
Amazing Mall Platform.
23. Waiver
In case, You breach any/all of these Buyer Terms at any
given time, Amazing Mall reserves all rights and will always be entitled to
take corrective measures and approach remedies to safeguard its interests.
24. Dispute Resolution & Arbitration; Governing law; and Jurisdiction
Dispute Resolution & Arbitration: You acknowledge and
agree that any dispute, claim or controversy arising out of or relating to
these Buyer Terms or the breach, termination, enforcement, interpretation or
validity thereof, or to the use of the Amazing Mall Platform (collectively
called here as " Disputes")
will be settled by (a) mutual & amicable solutions & settlements; or
(b) in accordance with provisions of the Arbitration and
Conciliation Act, 1996.
When the arbitrator is appointed by any court, the
arbitrator may or may not consolidate more than one person's claims and may or
may not otherwise preside over any form of any class Name or representative
proceeding. However, each party retains the right to seek injunctive or other
equitable relief in, to prevent the actual or threatened infringement,
misappropriation or violation of a party's copyrights, trademarks, trade
secrets, patents, or other intellectual property rights.
If this specific paragraph on Disputes and Arbitrations is held unenforceable by any court of law or any other relevant authority, then the entirety of this "Dispute Resolution " section will be deemed void. Except as provided in the termination clauses herein, this section will survive any termination of these Buyer Terms.
Governing Law: The Buyer Terms are governed and construed in accordance with the laws of India. Any arbitration process shall be subject to the ‘Arbitration & Conciliation Act, 1996’ and if subsequently revised thereafter.
Any party who desires to initiate arbitration must provide the other party with a written demand for arbitration as specified in the ‘Arbitration & Conciliation Act, 1996’ (Hereinafter called as ‘Act’ ). The arbitrator will be either a retired judge or an attorney licensed to practice law in the city of Surat/Surat in the state of Gujarat (INDIA) and will be selected by the parties from the respective courts roster of consumer dispute arbitrators.
The arbitrator may give its decision, within the time frame specified in the Act. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the
judgment on the arbitration, and this may be filed in any
court having jurisdiction thereof. The arbitrator's judgement must be
consistent with the Buyer Terms of the "Limitation of Liability " section above as to the types and
the amounts of damages for which a party may be held liable. The arbitrator may
award declaratory or injunctive relief only in favour of the claimant and only
to the extent necessary to provide relief warranted by the claimant's
individual claim. However, both parties hereby waive all the rights it/they may
have under applicable law to recover, lawyers' fees and expenses if the
arbitration judgement prevails. Both parties also agree to and shall be
responsible to pay any arbitration filing, administrative and arbitrator fees
as set forth in the Act.
Notwithstanding the provisions of the "Amendment of
Terms/Modification" section above, if Amazing Mall changes this
"Dispute Resolution" section after the date You first accepted these
Buyer Terms (or accepted any subsequent changes to these Buyer Terms), you may
reject any such change by sending us written notice (including by email) within
7 (Seven) working days of the date such change became effective, as indicated
in the "Last Updated Date" above or, if sent, in the date of Amazing
Mall's email to You notifying You of such change. By rejecting any change, You
are agreeing that You will arbitrate any Dispute between You and Amazing Mall
in accordance with the provisions of this "Dispute Resolution"
section as of the date You first accepted these Buyer Terms (or accepted any
subsequent changes to these Buyer Terms).
Jurisdiction: These Buyer Terms and your use of the Amazing Mall Platform will be interpreted in accordance with the laws of India, without regard to any conflict-of-law provisions. Whenever the dispute, action, suit, or other legal proceedings are commenced to resolve any matters arising thereof and/or presented for arbitration in the courts, the sole & exclusive jurisdiction will be with the courts at Surat, (Surat), Gujarat, India.
25.Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Buyer Terms, will be in writing and given by Amazing Mall (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Write to Amazing Mall on:
Email: letstalk@Amazingmall.co.in
Address: 6,Talav Faliyu , Singanporegam NR-D-Mart Katargam –
Surat Gujarat-395004
26.Entire Agreement
These Buyer Terms constitute the entire and exclusive
understanding and agreement between Amazing Mall and You regarding the Amazing
Mall Platform, Amazing Mall E-Commerce Enabler Services, Collective Content,
and any sales or Listed Products made via the Amazing Mall Platform, and these
Buyer Terms, supersede and replace any and all prior oral or written
understandings or agreements between Amazing Mall and You.
27. Feedback
We welcome and encourage You to provide feedback, comments
and suggestions for improvements to the Amazing Mall Platform (" Feedback").
You may submit Feedback by emailing us, through letstalk@Amazingmall.co.in or by other means of communication. You acknowledge and agree that all Feedback, You give us will be the sole and
exclusive property of Amazing Mall and You hereby
irrevocably assign to Amazing Mall and agree to irrevocably assign to Amazing
Mall all of Your right, title, and interest in and to all Feedback, including
without limitation all worldwide patent, copyright, trade secret, moral and
other proprietary or intellectual property rights therein, and waive any moral
rights You may have in such Feedback. At Amazing Mall's request and expense,
You will execute documents and take such further acts as Amazing Mall may
reasonably request to assist Amazing Mall to acquire, perfect, and maintain its
intellectual property rights and other legal protections for the Feedback.