Terms and Conditions

Please read these terms and conditions ("Terms") carefully before accessing or using the Platform (defined hereinafter). These Terms along with the Privacy Policy published on the Platform ("Privacy Policy") and other policies (as may be notified/displayed/published on the Platform) constitutes the contract between the Users of this Platform and Company (collectively "Agreement"). By use of the Platform, Users agree to be bound by these Agreement as posted on the Platform from time to time.

1. ABOUT THE TERMS

1.1 What is Amayra fashion and who operates it?

1. Amayra fashion is an application which provides an online marketplace ("Application") where registered suppliers ("Suppliers") can offer to sell their products to registered users of Application including to resellers ("Resellers") and other Users.
2. The Company’s role is limited to the managing Application and associated marketing, facilitating payment collections, fulfilment, order management, enquiry management and other incidental services to enable the transactions between the Suppliers and the Reseller ("Services").
3. Services are not made available on the Website and to avail the same, Users are required to install the Application.

2. ACCOUNT REGISTRATION, SUSPENSION AND TERMINATION

2.1 Does a User necessarily need to create an account on the Platform?

1. Company does not permit Users to avail the Services on the Platform without prior registration. Users may access the Application by registering to create an account and become a member. The membership is limited for the purpose of buying or selling products, is subject to this Agreement and strictly not transferable.

2.2 For the use of Platform, is a User subject to any eligibility criteria?

1. The Services on the Platform shall be availed by User(s) who can form legally binding contracts under Indian Contract Act, 1872 and are at least eighteen (18) years of age.
2. The Company reserves the right to terminate the Users account and / or deny access to the Platform if it is brought to the Company’s notice or if it is discovered that the User does not meet the conditions herein. User(s) accessing or using the Platform represent and warrant that they have the right to access or use the Platform.

2.3 Are there any specific requirements for registering an account on Platform?

1. The Users are required to enter a valid phone number while registering on Platform. By such registration, User consents to be contacted by Company via phone calls, SMS notifications, instant messages or other such means of communication inter alia for subscription/services/promotional updates etc. Users may 'opt-out' of such subscription/service/promotional updates either through the ‘opt out’ means provided or by writing to the support team.
2. It is the responsibility of the Users to provide correct mobile number so that the Company can communicate with the Users via SMS. The Users understand and agree that if the Company sends an SMS but the Users do not receive it because the Users’ mobile number is incorrect or out of data or blocked by the User's service provider, or the Users are otherwise unable to receive SMS, the Company shall be deemed to have provided the communication to the Users effectively.
3. It is the User’s responsibility to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.

2.4 Can User account registered on Platform be suspended or terminated?

1. The Company reserves the right to suspend or terminate the account or access to Services (or any part thereof) on the Application including blocking any amounts due to the User and associated account without notice and the Users will remain liable for all amounts due up to and including the date of termination, if:
   1. any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; and/or
   2. in Company’s assessment, the User has:
      • charged an unreasonably high price;
      • unreasonable instances of returns and/or cancellations initiated;
      • engaged in actions that are fraudulent, negligent or derogatory to the Company’s interests.
      • failed or is suspected to have failed to comply with any term or provision of the Agreement or applicable law.
   3. User is found to be non-compliant with the Agreement.
2. Further, where the violation of the Agreement gives rise to criminal or civil action, the Company may at its sole discretion pursue such action.
3. Without prejudice to the above stated rights of the Company, in case of alleged fraud or other breach of this Agreement by User, Company may at its sole discretion (a) withhold all amounts payable to such User; and (b) impose penalties as the Company may reasonably determine and set off such penalties from the monies payable by Company to such User.

2.5 What are User obligations vis-à-vis its registered account on Platform?

1. Having an account on the Platform gives authenticity to the actions of the User. It means that the User is solely responsible for all activities that occur under its account and that all transactions made by such User is intended for bona fide sale or consumption in the course of their business activities.
2. Any and every activity undertaken by a User under his/her account shall be the sole responsibility of such User and the Company shall not be liable for such activity in any manner. Hence it shall be the responsibility of the User to treat the user identification code, password and any other piece of information that is provided by the Company, as part of the security procedures, as confidential and not disclose the same to any person or entity other than the Company.
3. User acknowledges and agrees that having an account on Platform does not grant it any rights on Platform not specifically granted to them by the Company, and that the User has no ownership or other interest in the account. The User understands that all rights in and to the account are and shall forever be owned by and inure to the benefit of the Company.
4. On registration, the Users may receive a password protected account and an identification. The Users agree to:
   1. maintain the confidentiality of their password, if applicable;
   2. take full responsibility for all activities by Users accessing the Application through their account;
   3. immediately notify the Company of any unauthorised use of their account or any other breach of security that they become aware of; and
   4. ensure that they exit from their account at the end of each session.

3. PLACING ORDERS AND FINANCIAL TERMS

3.1 How does order placement work on the Platform?

1. The Application allows Users to place orders for the products listed by Suppliers on Application and the Application, subject to Agreement herein, facilitates the placement of orders for the products by the Users.
2. On receipt of an order from a User, Company shall send electronically a confirmation of such order to Supplier and the User concerned
3. Additionally, fulfilment of orders to their end users/consumers by Reseller shall be the responsibility of the Reseller inter se such end user/consumer. Any add-on service provided by Platform towards such order shall be provided merely as a service provider of such Reseller by the Platform and accordingly, Platform shall not have any privity of contract with such end user/consumer.

4. USE OF THE PLATFORM

4.1 Can User access and use the Platform at any time or could there be any limitations?

1. Company endeavours to make the website available 24X7. However, the Company does not represent that access to the website will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
2. Users understand and acknowledge that the use of website requires internet connectivity and telecommunication links. Users shall bear the costs incurred to access and use the Awebsite  and avail Services, and Company shall not, under any circumstances whatsoever, be responsible or liable for such costs.
3. Company does not warrant that website will be compatible with all hardware and software which is used by Users.
4. website may be under constant upgrades, and some functions and features may not be fully operational. website is provided on an 'as is' and 'as available' basis. Company expressly disclaims all warranties of any kind, whether express or implied with respect to the records and other data that is made available by it to Users.
5. Users shall be solely responsible for damages to their data system or for loss of data arising from download of content from website. No guidance or information, written or oral, obtained from Company or via Platform, shall constitute any warranty, unless stated otherwise.

5.  WHEN CAN THE SUPPLIERS GET THEIR PRODUCTS LISTED?

1. Suppliers are permitted to list products for sale on the Application in accordance with the terms mentioned in this Agreement and other contract entered into with Company for the said purpose, wherein other rights and obligations of the parties are defined in detail.
2. By listing its products on the Platform, the Suppliers represent and warrant that they are legally capable to sell or list the products on Platform; and the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of any third party. Suppliers and Users agree that the Company is not responsible for the breach of the same.

6. DISCLAIMER AND LIABILITIES

6.1 What are the standard disclaimers in relation to the Platform and the Services?

1. Company, in no event, is or will be liable to User including the Reseller or anyone claiming through a User in respect of product or other User Transaction under contract, negligence, strict liability or other legal or equitable theory for any special, incidental, indirect, consequential, exemplary or punitive damages, loss of goodwill, loss of revenue, loss of opportunity, loss of anticipated profits, whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty or negligence or any other claim arising out of or in connection with the use of or access of Platform.
2. Company shall not be liable for: any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation any financial losses, loss of data, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from the use of Platform, or for any other claim related in any way to the use of the Application, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Application/Platform or any content posted, transmitted, or otherwise made available via the Application/Platform, even if advised of their possibility.
3. Users shall be solely responsible for damages, if any, to their data system or for loss of data arising from download of content from Platform. No guidance or information, written or oral, obtained from Company or via the Platform, shall constitute any warranty, unless stated otherwise.

6.2 What happens to User order in case of a lockdown or other force majeure event?

1. Company shall not be liable for any damages whatsoever arising out of force majeure or other similar circumstances, directly or indirectly affecting Company and/or the Platform. Examples of force majeure events include without limitation real or potential labour disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, epidemic or pandemic, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network.
2. Force majeure or other events beyond the Company’s control, hindrance, delay or complication in the maintenance of the Platform entitles the Company to suspend or limit the Platform until further notice.