Terms & Conditions — Amatrra
In accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing of the rules and regulations, privacy policy and Terms of Use for access or usage of website and application for mobile and any other handheld devices, this document is herewith published by Mayar Wellness Private Limited(“MWPL”).
I. Introduction
- These terms & conditions (“Terms & Conditions”) govern the use of this website and mobile based application; Amatrra (“Platform”). Before you access and avail the services offered on the Platform by MWPL and/or any of its affiliates, you must agree to the following terms and conditions. If you visit, shop or browse on the Platform, you agree to abide by these Terms & Conditions and any other MWPL policies, including but not limited to the Privacy Policy and any other policy, as updated and posted on the Platform from time to time.
- Mayar Wellness Private Limited is a private limited company incorporated under the provisions of Companies Act, 2013 having its registered office at 8th Floor, Le-Meridien Commercial Complex Raisina Road, Windsor Place, Janpath, Central Delhi, New Delhi, Delhi, India, 110001. The Platform is a mobile based application, or the portal provided by MWPL that allows vendors to promote and sell its products to the buyer/users of the Platform, and the Platform and MWPL acts a facilitator or the marketplace only and is not a party to any agreements that may be entered into between the customers/users and vendors. For the purpose of these Terms & Conditions, wherever the context so requires, “you” shall mean any natural or legal person who has agreed to become a vendor (“Vendor”) or customer (“Customer”) or user on the Platform by providing data while registering on the Platform as a registered user (“User”), using any computer systems. The terms “MWPL”, “Amatrra”, “Platform” “App”, “we”, “us” or “our” shall mean Mayar Wellness Private Limited.
- To access and avail the services please read the Terms & Conditions carefully. While using any current or future services offered by MWPL and/or any of its affiliates, whether or not included in the Platform, you will abide by these Terms & Conditions, the guidelines and conditions applicable to such service or business. If you do not agree to these Terms & Conditions, you may not use the services on the Platform, and we request you to uninstall the Platform.
II. Amendments
MWPL reserves the right to make changes or modify the Platform, policies, and these Terms & Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and will not affect the validity and enforceability of any remaining conditions. Your continued usage of the services after any change is posted on the Platform, constitutes your acceptance of the amended Terms & Conditions and other MWPL policies. These Terms & Conditions are binding for all purchases.
III. Electronic Communication
When you visit the Platform or send e-mails to us, you are communicating with us electronically. By communicating with us, you consent to receive communication from us electronically. We will communicate with you by e-mail or by posting notices on our Platform. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
IV. Use of Platform and Services
- All commercial/contractual terms with respect to the products and services are offered by and agreed to between the Customers and Vendors alone. The commercial/contractual terms include without limitation price, taxes, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. MWPL is just a facilitator or a marketplace and does not have any control or does not determine or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Customers and the Vendors.
- MWPL may, however, offer support services to the Vendors with respect to technology for the Platform, payment gateway integration, online promotions, and other services, pursuant to the contracts executed by it with the Vendors.
- MWPL shall not be responsible for managing the customer service, however, it shall only provide for the direct contact details and/or customer service details of the Vendors on the Platform. However, in case of contingency where the Customer is unable to reach out to the Vendor that MWPL shall provide for such emergency customer service through its our medium like email or phone call to bridge the gap between the Customer and the Vendor during its official working hours.
- You are advised to independently verify the bona fides of any Vendor that you choose to deal with on the Platform and use your best judgment in that behalf. All Vendor offers and third-party offers are subject to respective party terms and conditions. MWPL takes no responsibility for such offers.
- MWPL neither makes any representation or warranty as to specifics (such as quality, value etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. MWPL accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
- MWPL is not responsible for any non-performance or breach of any contract entered into between Customers and Vendors on the Platform. MWPL cannot and does not guarantee that the concerned Customers and/or Vendors will perform any transaction concluded on the Platform. MWPL is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
- MWPL is operating an online marketplace and assumes the role of facilitator and does not at any point of time during any transaction between the Customer and the Vendor on the Platform come into or take possession of any of the products or services offered by the Vendor. At no time shall MWPL hold any right, title or interest over the products nor shall MWPL have any obligations or liabilities in respect of such contract entered into between the Customer and the Vendor.
- MWPL is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Customer and the Vendor. The Vendor shall be solely liable for redressing the Customer complaints. In the event you raise any complaint on any Vendor accessed using our Platform, we shall assist you to the best of our abilities by providing relevant information to you, such as details of the Vendor and the specific order to which the complaint relates, to enable satisfactory resolution of the complaint.
- Please note that there could be risks in dealing with underage persons or people acting under false pretence.
V. Licenses
- MWPL grants to you limited, revocable, non-transferable, non-sub-licensable and non-exclusive license to use the Platform on payment of fees (as per the agreement signed between you and MWPL), pursuant to which you are allowed to access the Platform for the sale and purchase of goods.
- You shall at all times during the period of use of the platform avail the services only from MWPL and such use of the services shall be as per the terms and conditions set out in the License Agreement signed by you.
- The software extensions made available through the MWPL are licensed, not sold, to you. The extensions have been developed, and are licensed to you, by MWPL.
- Your license to each MWPL's extension is subject to the License Agreement entered into between you and MWPL. MWPL reserves all rights in and to the extension not expressly granted to you. You acknowledge that you are acquiring the license to each third-party extension from MWPL.
- License Restrictions. You may not make copies, translations, or modifications of or to the Platform. You may not alter, obscure, or remove the copyright notice on any copy of the Platform. You may not assign, sell, distribute, lease, rent, sublicense, or transfer the Platform, nor may you use the Platform in a manner that disrupts the operation of any associated services or otherwise in a manner that was intended (for example, by engaging in any unlawful activity through the Platform).
- You are responsible for properly configuring and using the Platform and taking your own steps to maintain appropriate security, protection and backup of your content, which may include the use of encryption technology to protect your content from unauthorized access and routine archiving of your content.
- We may use your content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, and distributing it. As such, you hereby grant us the following licenses:
- a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free license, with the right to sublicense through multiple levels of sublicenses, under your intellectual property rights, to make, use, have made, sell, offer to sell, copy, reproduce, distribute, publicly perform, publicly display, digitally transmit, modify, create derivative works of, import, and otherwise exploit, any suggestions or feedback you provide to us that result in modifications, improvements or enhancements to the Platform.
- a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Platform any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the operation of the Platform.
VI. General Terms of Use of the Platform
You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:
- You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
- belongs to another person and which you do not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- is misleading or misrepresentative in any way;
- is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- infringes upon or violates any third party's rights, including, but not limited to, intellectual property rights, rights of privacy or rights of publicity;
- promotes an illegal or unauthorized copy of another person's copyrighted work;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- contains video, photographs, or images of another person (with a minor or an adult);
- tries to gain unauthorized access or exceeds the scope of authorized access to the Platform;
- engages in commercial activities and/or sales without our prior written consent;
- solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
- interferes with another user's use and enjoyment of the Platform or any third party's user and enjoyment of similar services;
- refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform;
- harm minors in any way;
- infringes any patent, trademark, copyright or other intellectual property rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
- violates any law for the time being in force;
- deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any criminal offence or prevents investigation of any offence or is insulting any other nation;
- is false, inaccurate or misleading;
- directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law; or
- creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers.
- You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to prohibit any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, “password mining” or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform.
- You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name ‘MWPL’ and ‘Amatrra’, or otherwise engage in any conduct or action that might tarnish the image or reputation, of MWPL or the Vendor on platform or otherwise tarnish or dilute any MWPL trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Platform or any service offered on or through the Platform.
- You may not use the Platform or any content on the Platform for any purpose that is unlawful or prohibited by these Terms & Conditions, or to solicit the performance of any illegal activity or other activity that infringes the rights of MWPL and/or others.
- You shall at all times ensure full compliance with the applicable provisions of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations; and (c) international laws, foreign exchange laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services.
- In order to allow us to use the information supplied by you, without violating your rights or any laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your information, in any media now known or not currently known, with respect to your information. We will only use your information in accordance with these Terms & Conditions and Privacy Policy applicable to use of the Platform.
- From time to time, you shall be responsible for providing information relating to the products or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects.
- You shall not engage in advertising to, or solicitation of, other users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us.
- We reserve the right, but has no obligation, to monitor the materials posted on the Platform. MWPL shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms & Conditions. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES.
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.
- It is possible that other users (including unauthorized users or ‘hackers’) may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials.
- MWPL shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services), hacking, pen testing attempts without our prior consent or a mutual legal agreement.
- MWPL's failure to enforce any right or failure to act with respect to any breach by User under the Terms & Conditions will not constitute a waiver of that right nor a waiver of MWPL's right to act with respect to subsequent or similar breaches.
- MWPL shall have the right to assign the Terms & Conditions (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms & Conditions to any person or entity (including any affiliates of MWPL). User may not assign, in whole or part, the Terms & Conditions to any person or entity.
- The Terms & Conditions shall be governed by the laws of India and the parties to the Terms & Conditions agree to submit to the exclusive jurisdiction of the courts of New Delhi, India.
VII. Disclaimer
- The content on the Platform is for informational purposes only. MWPL disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. MWPL reserves the right to make changes and corrections to any part of the content on the Platform at any time without prior notice. MWPL does not guarantee quality of the Goods, the prices listed in Platform or the availability of products posted on the Platform. Unless stated otherwise, all pictures and information contained on the Platform are believed to be owned by or licensed to MWPL. Please email a takedown request to the webmaster if you are the copyright owner of any content on the Platform and you think the use of the above material violates your copyright in any way. Please indicate the exact URL of the webpage in your request. All images shown here have been digitized by MWPL. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of MWPL.
- Any certification, licenses or permits (“Certification”) or information in regard to such Certification that may be displayed on the Vendor's listing page on the Platform is for informational purposes only. Such Certification is displayed by MWPL on an ‘as available' basis that is provided to MWPL by the Vendor. MWPL does not make any warranties about the validity, authenticity, reliability and accuracy of such Certification or any information displayed in this regard. Any reliance by a user upon the Certification or information thereto shall be strictly at such user's own risk and MWPL in no manner shall assume any liability whatsoever for any losses or damages in connection with the use of this information or for any inaccuracy, invalidity or discrepancy in the Certification or non-compliance of any applicable local laws or regulations by the Vendor.
- MWPL reserves the right to charge subscription and/or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of Amatrra Platform anytime in future.
- MWPL reserves the right to terminate / suspend the User's account and/or credits / points earned and/or participation of the User in any program if MWPL determines in its sole discretion that the User has violated the rules of the Platform.
VIII. User Account
- You must create an account in order to use some of the features offered on the Platform. Use of any personal information you provide to us during the account creation process is governed by our Privacy Policy.
- A set of User ID and OTP (One Time Password) / password is unique to a single account created on the Platform. You shall be solely responsible for maintaining the confidentiality and security of your user ID and password.
- You may also be able to register to use the Platform by logging into your account with your credentials from certain third-party sites (e.g., Google).
- In creating an account, you represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your information as and when necessary in order to keep it accurate.
- You are also responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action.
- By creating an account, you agree to receive certain communications in connection with MWPL Platform. You can opt-out or manage your preferences regarding non-essential communications through account settings.
- You agree to use the Services only for purposes that are permitted by (a) the Terms & Conditions and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
- You agree to not to use the data owned by MWPL (as available on the Platform or through any other means like website, API etc.) for any commercial use unless agreed to by/with MWPL in writing.
- You agree not to access (or attempt to access) any of the services of the Platform by any means other than the interface that is provided by MWPL, unless you have been specifically allowed to do so, by way of a separate agreement with MWPL.
- You agree that you will not engage in any activity that interferes with or disrupts the Platform (or the servers and networks which are connected to the Platform).
IX. Financial Terms
- All payments for use and license of the Platform must be received by us prior to using the Platform for sale or purchase of goods. We accept payment by net-banking, credit card, debit card, cash card and mobile payments.
- The Platform allows you to place and receive orders for sale or purchase of goods, subject to the Terms & Conditions set out herein. MWPL neither represents the Customer nor the Vendor in the specific transactions between them.
- MWPL does not own, sell, resell on its own and/or does not control the Vendor or the related services provided in connection thereof.
- MWPL is not liable responsible for quality, safety, lawfulness or availability of the products or services offered for on the Platform or the ability of the Vendors to complete a sale or the ability of Customers to complete a purchase.
- The final tax bill and/or Invoice will be issued by the Vendor to the Customer along with the order and MWPL shall have no role to play in this transaction, other than the role of the facilitator or a marketplace.
- The prices reflected on the Platform are determined solely by the Vendor and are listed based on Vendor's information.
- Disclaimer: Prices on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information supplied by Vendor be incorrectly reflected and in such an event Vendor may cancel such your order(s).
- The Vendor shall be solely responsible for any warrantee/guarantee of the products sold to the Customers and in no event shall be the responsibility of MWPL.
- The transaction is bilateral between the Vendor and Customer and therefore, MWPL is not liable to charge or deposit any taxes applicable on such transaction.
X. No Endorsement
- We do not endorse any Vendor. In addition, although these Terms & Conditions require you to provide accurate information, we do not attempt to confirm, and do not confirm if it is purported identity.
- By using the Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular User or other third parties who caused you harm.
XI. Limitation of Liability
- Notwithstanding anything, MWPL shall not have any liability to the other party or to any third party for any lost profits or revenues or for any indirect, special, incidental, consequential, cover or punitive damages however caused, whether in contract, tort or under any other theory of liability, and whether or not the party has been advised of the possibility of such damages.
- MWPL's liability for any information/data or monetary losses which is direct, indirect, incidental, punitive, and consequential damages, arising out of or in connection to any agreement signed by MWPL shall be limited as set out under in that agreement. IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN MWPL'S TERMS & CONDITIONS AND SALE, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO MWPL OR AMATRRA. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST MEMBERSHIP OR LICENSE FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR LICENSE TO ACCESS TO THE PLATFORM.
- MWPL is not responsible for any delay or incorrect collection of data from the Users and other acts caused to the details/information of the account of the Users or the any other person from the Platform due to activities of hacking/virus/trojan etc. or any other events of force majeure, acts of God / Nature etc. which are considered as beyond the direct control of MWPL.
XII. Intellectual Property
- We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it.
- You may print off one copy, and may download extracts, of any page(s) from the Platform for your personal reference and you may draw the attention of others within your organisation to material available on the Platform.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- You must not use any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
- If you print off, copy or download any part of the Platform in breach of these Terms & Conditions, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
XIII. Force Majeure
MWPL is not liable or responsible for failure or delay in the performance of any of these Terms & Conditions and/or the individual contracts, if such failure or delay is due to any reason beyond the reasonable control, including, but not limited to, an act of God, acts of public enemy, war (whether declared or not), rebellion, internet hacking, internet outage, Telecom service provider issues, power outage, server issues and riots (collectively “Force Majeure”).
XIV. Third Party Links
The Platform may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our Users. Such Linked Sites are not under MWPL's control, and MWPL is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.
XV. Indemnity
You release and fully indemnify MWPL and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have in this behalf under any applicable laws of India. Notwithstanding its reasonable efforts in that behalf, MWPL cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.
XVI. Notice
All legal notices or demands to or upon MWPL shall be made in writing and sent to MWPL personally, by courier, certified mail, or facsimile to the following entity and address:
Mayar Wellness Private Limited
Le-Meridien Commercial Complex Raisina Road, Windsor Place, Janpath, Central Delhi, New Delhi, Delhi, India, 110001
The notices shall be effective when they are received by MWPL in any of the above-mentioned manner.
XVII. Contact Us
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform.
Grievance Officer
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Atul Sharma
Mayar Wellness Private Limited
Le-Meridien Commercial Complex Raisina Road, Windsor Place, Janpath, Central Delhi, New Delhi, Delhi, India, 110001
Phone: 9711336900
Email: atul.sharma@amatrraspa.com
Time: Mon – Fri (9:00 – 18:00)