TERMS & CONDITIONS
www.d-amrta.com is a web-portal, owned and operated by KOSH stores, having its principal place of business registered address located at 331 SEC 23, Gurgaon 122017, Haryana. The Website enables you to view, choose and place an order for purchasing clothing and accessories (“Products” or “Goods”) listed and offered for sale by us.
Use of the Website is only available to a person who can enter into legally binding contracts under the applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including undischarged insolvents, etc. are not eligible to use the Website.
As a condition of using some features of the Website including placing an order on the Website for the Products, you will be required to register on the Website and select a password and user name (“User Account”). We reserve the right to refuse registration of or cancel a User Account in its discretion.
You should not (i) select or use the User Account of another person with the intent to impersonate that person; or (ii) use a name as User Account, which is subject to any rights of a person other than you without appropriate authorization. You shall be responsible for maintaining the confidentiality of your password.
You may also choose access the Website through a third party site or service provider including any social networking website (such as “Facebook or Google Sign In”) (“Third Party Service Provider”). In such a case, we may require you that your User Account be the same as your user name for such third party site or service. Further, you will be required provide the login information of the your Third Party Service Provider account to allow the information in those accounts transmitted into your User Account (as per the terms and conditions established by such Third Party Service Provider). You shall only use the account maintained with Third Party Service Provider that belong to you, and not to any other person or entity.
We do not verify your data or inputs provided while creating the User Account and hence, you shall be solely responsible for any and all of such information.
- By your use of the Website, you certify that you are legally permitted to access and use the Website and take full responsibility for the same. These Terms and Conditions shall be void where prohibited by law and your right to access the Website is revoked in such jurisdictions.
- You shall only use this Website for lawful purposes as mentioned under these Terms and Conditions (as may be amended from time to time). You agree not to use the Website in any manner so as to impair our interests and/or functioning of the Website.
- You are responsible for all activity undertaken from your User Account, whether or not you authorize it. In case of any unauthorized activity undertaken from your User Account, you agree to immediately notify us of such activity or any other breach of security via e-mail, phone or such other modes of communication. We cannot and will not be liable for any loss or damage arising from your failure to comply with the obligations. Further, any violation of these Terms and Conditions will lead to strict legal action against you in accordance with these Terms and Conditions and the applicable law.
- You shall provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms and Conditions, which may result in immediate suspension/termination of your User Account. We may require additional verification or information during the course of your usage of the Website.
- We reserve the right to amend these Terms and Conditions from time to time. If we make any changes to these Terms and Conditions, we will notify you (either by e-mail or a sign-in notification or some other means). If you continue to use the Website after such changes become effective, you agree to be bound by the revised Terms and Conditions. If you do not agree to the revised terms and conditions, we suggest you to refrain from using the Website after the changes come into effect.
- We shall not be responsible for any verbal commitments allegedly made by any of its employee, officer or directors at any point of time. Any commitment made by an existing employee from a personal email ID shall not be entertained by the Firm.
- You expressly agree that you shall not at any point of time:
- attempt to probe, scan or test the vulnerability of a system or network associated or used in connection with the Website;
- breach or attempt to breach the security or authentication measures of the Website or undertake any such act without proper authorization;
- attempt to interfere with the access of any other user including without limitation submitting a virus of any kind or Trojan horse to the Website, overloading, flooding, mail bombing or crashing;
- copy, distribute, download, display, perform, reproduce, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained on the Website except as permitted; or
- copy and distribute any information on any other server, or modify or re-use any information, text, graphics, sound, etc. on the Website to any other system. No reproduction of any part of the Website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or the web, whether in hard copy or in electronic format, including postings to any other website.
You undertake not to duplicate, download, publish, modify and distribute materials published or displayed on the Website unless specifically authorised by us. You undertake not to establish any deep link or other connection to any specific page of the Website other than the Home Page without obtaining our prior consent. We strictly prohibit using any automated process such as spiders, crawlers etc. or through any manual process for any purpose.
AVAILABILITY OF THE WEBSITE, SECURITY & ACCURACY
- You understand that the Website uses internet and internet usage costs apply in accordance with your internet service provider. Due to the nature of the internet, we cannot guarantee uninterrupted or error free usage and therefore, we make no warranty in respect of your usage of the Website. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions, which may cause temporary interruptions.
- Access to the Website may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the Website for any reason.
- We do not warrant that the Website will be compatible with all hardware and software which you may use. We shall not be liable for any damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your access to or use of the Website.
INTELLECTUAL PROPERTY RIGHTS
- Unless otherwise indicated to the contrary, Amrta, by Guneet Kondal owns and possess relevant licenses for all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to the Firm without obtaining authorization from it.
- We give you permission to use the Website and the content materials published on it for personal, non-commercial purposes only and do not transfer any Intellectual Property Rights to you by virtue of permitting your use of the Website. Copyright notices and trademarks may not be changed or removed. Components of the Website may not be reproduced in whole or in part or in any other manner or form (including electronic and printed form) without our prior written consent and unless full acknowledgement of the source is provided.
- You acknowledge and agree that, in the event of any third party claims that the Website or your access or use of the Website infringes such third party’s intellectual property rights; we shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; provided such infringement was caused by us.
DISCLAIMER OF WARRANTIES
You assume all responsibility and risk with respect to your use of the website. The website is available “as is,” and “as available”. You understand and agree that, to the fullest extent permitted by law, Amrta, by Guneet Kondal disclaims all warranties, representations and endorsements, express or implied, with regard to the website, including, without limitation, implied warranties of title, merchantability, non-infringement and fitness for a particular purpose. Amrta, by Guneet Kondal does not assume any liability or responsibility for the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the website. The Firm has no duty to update or modify the website and shall not be held liable for the failure to do so.
You agree to defend, indemnify and hold harmless the Firm, its employees, officers, agents and its successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon user’s actions or inactions, which may result in any loss or liability to the Firm or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under these Terms and Conditions or arising out of the your violation of any applicable law, regulations including but not limited to Intellectual Property Rights, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other users.
LIMITATION OF LIABILITY
Under no circumstances shall the Firm or any of its employees, agents or sub-contractors be liable to you for any indirect, incidental, contingent, consequential, special or exemplary losses or damages arising from these terms and conditions, under tort, common law or under public policy, even if the party has been advised of the possibility of such damages, resulting from any aspect of your use of the website, including without limitation whether the damages arise from use or misuse of the website, from inability to use the website, or the interruption, suspension, modification, alteration of the website. These limitations shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that the Amrta, by Guneet Kondal shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with you.
- These Terms and Conditions shall remain in full force and effect while you continue to use the Website.
- We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms and Conditions, other policies or any other terms that may be published on the Website, either by you or any other person using your credentials. We shall not be liable to you or any third party for any termination of your access to the Website.
- Upon termination of your account, your right to use or access certain features of the Website will immediately cease. All provisions of these Terms and Conditions which, by their nature, should survive termination, deactivation or suspension of your User Account, shall survive termination, including, without limitation, intellectual property rights, warranty, disclaimers, indemnification and limitations of liability.
ELECTRONIC CONTRACTING AND NOTICES
Your affirmative act of using the Website and/or registering on the Website constitutes your electronic signature to these Terms and Conditions and also your consent to enter into agreements with the Firm electronically. You acknowledge and agree that we may request for your explicit consent on any feature, database, or content on the Website by clicking on the option provided as ‘I AGREE’. You further acknowledge and agree that such consent provided by you shall be considered as consent without any coercion, misrepresentation, undue influence or fraud and shall be deemed to be a valid consent as has been provided after reading the terms and conditions as provided on that feature, database or consent.
- WAIVER: The failure of either You or us to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- FORCE MAJEURE: Under no circumstances shall the Firm be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control; including, without limitation, internet failures, computer equipment failures, payment processor failure, telecommunication equipment failures, and any other equipment failures; electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of, or fluctuations in heat, light, or air conditioning.
- SEVERABILITY: If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect and enforceable.
- ASSIGNMENT: These Terms and Conditions are not assignable, transferable or sub-licensable by you except with our prior written consent and any such attempted assignment shall be void. We may transfer, assign or delegate these Terms and Conditions and its rights and obligations hereunder to any third party, without providing any notice. You agree that there are no third party beneficiaries intended under these Terms and Conditions.
These Terms and Conditions shall be governed by and constructed in accordance with the laws of India. Without reference to conflict of laws principles, and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the Courts at Gurgaon, INDIA