Terms of Service
This document is an electronic record that outlines the Terms of Service with respect to the express use of the AyutaMart website.
The terms ‘The Website’, ‘The Company’, ‘Ourselves’, ‘We’, ‘Our’ & ‘Us’ shall refer to the website/Company.
The terms ‘Party’ & ‘Parties’ shall be used to refer to the User and the website/Company individually or collectively, as per instances of use.
1.1 The website is maintained by AyutaMart (collectively the website/Company). The website offers an e-Commerce marketplace for dropshippers and retailers, selling products across fashion and lifestyle categories (inclusive of but not limited to women's fashion, women's tops, kurtis, sarees, beauty and personal care, men's fashion, casual wear, men's shoes, home decor), associated marketing, payment, order management and other incidental services to enable the transactions as available from time to time on the website.
1.2 The Terms and Conditions (the Terms of Service) shall apply to all users of the website, including but not limited to users who browse, wholesale vendors (the Vendors), merchants or contributors of content (collectively the users). By visiting or accessing any part of the website or utilising the services here within, the users agree to be bound by these terms and conditions. If the users don’t agree to any or all of the Terms of Service, they may not access the website or use any of the services.
1.3 The website/Company reserves the right to make modifications, amendments & updates to the Terms of Service from time to time at its sole discretion. The changes can be implemented without any prior intimation or notification to the user. The user agrees to stay updated by checking this space.
1.4 The Terms of Service govern the use of the website. By using the website, the users shall be contracted to the terms and conditions herein and signify their agreement to the Terms of Service and other policies of the website/Company, as updated from time to time, which takes effect the moment the user uses the website and creates a legally binding arrangement to abide by the same.
Persons who are incompetent to contract within the definition of the Indian Contract Act, 1872 include minors, un-discharged insolvents etc. Only individuals who are eighteen (18) years of age or older may use the website and avail the services. The website/Company reserves the right to terminate the User’s Account (if any) or deny access to the website if it is brought to notice that users are under the age of eighteen (18) years.
3. Account Registration
The website allows the users to access and view the contents of the website without registration on the website. Users may place orders and make purchases on the website without registration on the website.
4. Orders and Financial Terms
4.1 The website allows users to place orders for the products sold by various Vendors. The website/Company does not own and sell products on its own and/or does not control the Vendors. The Company reserves the right to remove any product from the website.
4.2 The users understand that any order placed shall be subjected to the terms and conditions set out in the Terms of Service and any additional terms and conditions imposed by the concerned Vendor/Supplier.
4.3 On receipt of an order from a User, the website/Company shall send electronically a confirmation through a third party application to the Vendor/Supplier concerned. Further, the website/Company may inform the User about the availability or price change of the order as informed by the Vendor. Confirmation of the order shall be treated as final.
4.5 The website/Company merely collects the payment on behalf of the Vendor or Supplier. All applicable taxes and shipping charges are being determined and charged by the Vendor or Supplier. The website/Company holds no responsibility for the legal correctness/validity of the levy of such taxes.
5. Use of the website
5.1 The users agree, undertake and confirm that the users’ use of the website shall be strictly governed by these Terms of Service. The User’s use of the website shall be solely for their personal use.
5.2 The users release and fully indemnify the website/Company from any cost, damage, liability or other consequences and specifically waive any claims that the users may have in this regard under any applicable laws of India. Notwithstanding its reasonable efforts in that regard, the website/Company can not take responsibility for the information provided by other users/Vendors/Suppliers which is made available on the website.
5.4 Occasionally there may be information on the website that contains typographical errors, inaccuracies or omissions that may relate to information pertaining to the products, pricing, promotions, offers, shipping charges, transit times and availability. The Company reserves the right to correct any errors, inaccuracies or omissions and to change or update information if any information on the website is inaccurate at any time without prior notice.
6. Accuracy, Completeness and Timeliness of Information
The website/Company is under no obligation to update, amend or clarify information in the website, including without limitation, pricing information, except as required by law.
7.1 The website/Company endeavours to make the website available at all times. However, the Company can not guarantee that the access to the website will be uninterrupted, timely, error-free, free of viruses or other harmful components or that such defects will be corrected.
7.2 The website/Company shall not be liable for damage or viruses or other code that may affect any software/equipment/data/property as a result of using the website.
7.3 The website/Company does not represent or warranty that the information on the website will be correct, accurate or otherwise reliable.
7.4 The website does not implicitly or explicitly support or endorse the sale or purchase of any products nor provide any warranty/guarantee of the products sold to the users and in no event shall such products be the responsibility of the website/Company.
7.5 The website/Company does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its users.
7.6 To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
7.6.1 Limit or exclude our or your liability for death or personal injury resulting from negligence.
7.6.2 Limit or exclude our or your liability for fraud or fraudulent misrepresentation.
7.6.3 Limit any of our or your liabilities in any way that is not permitted under applicable law.
7.6.4 Exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subjected to the preceding paragraph and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
9. Optional Tools
9.1 The website/Company may provide you with access to third-party tools over which the Company neither has control nor monitors nor provide inputs.
9.2 The users acknowledge and agree that access to such tools is in an ‘as is’ and ‘as available’ basis, without any warranties, representations or conditions of any kind and without any endorsement. The website/Company shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
9.3 The website/Company may also, in the future, offer new features through the use of the website. Such new features shall also be subjected to these Terms of Service.
10. Third-Party Links
10.1 Certain content or products available on the website may include materials from third parties.
10.2 The links on the website may redirect you to external websites/web pages that are not affiliated with the Company. The Company is not responsible for examining or evaluating the content or its accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third parties.
10.3 The website/Company is not liable for any harm or damages related to the usage of third party websites.
11. Intellectual Property
The website/Company is the owner of intellectual property rights of the materials published on the website or has been granted permission by the owner without attribution to publish their materials on the website, unless otherwise exclusively mentioned the owner of intellectual property rights of a particular published material on the website.
The users agree to indemnify, defend and hold harmless the Company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, vendors, interns and employees; from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of a breach of the Terms of Service or the documents they incorporate by reference or violation of any law or the rights of a third party.
In the event that any of the provisions of the Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law; and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
14.1 The Terms of Service are effective unless and until terminated by either the Company or the User. The User may terminate the Terms of Service at any time by notifying the Company that the User no longer wishes to use the website or the services or when you cease using the website.
14.2 The Company reserves the right to deny access website and/or the services on the website, at its sole discretion.
15.1 The Terms of Service and any other policies or operating rules posted by the Company on the website constitute the entire agreement and understanding between the users and the Company with respect to the website and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between the users and the Company (including, but not limited to, any prior versions of the Terms of Service).
15.2 Any ambiguities in the interpretation of the Terms of Service shall not be construed against the drafting party.
The failure of the website/Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
17. Governing Law & Dispute Resolution
These terms of service are governed by the laws of India (Bharat). Any action, suit, or other legal proceedings which are commenced to resolve any matter arising under or relating to this website, shall be subjected to the jurisdiction of the courts in Guwahati, India.
18. Contact Information
This Terms of Service document is an electronic record. If you have any queries regarding any of the terms & conditions, please contact us. The Party/User can send an email at firstname.lastname@example.org with the following subject line 'Query ToS'.
Policies related to returns/exchanges, penalties, refunds, the cancellation will be updated from time to time and displayed on the website. The Company reserves the right to change these policies as it deems fit without any prior permission from the users.
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