Terms and conditions

Terms of Use

This document, generated by a computer system, is an electronic record under the Information Technology Act, 2000, including its applicable rules and amendments. It pertains to electronic records in various statutes as updated by the same act. It doesn’t necessitate any physical or digital signatures.

In compliance with Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011, this document has been published. It mandates the publication of rules, regulations, privacy policy, and Terms of Use for accessing or using the www.amarmati.com website.

The domain name www.amarmati.com (hereinafter referred to as “Platform”) is owned by Amarmati Enterprise Private Limited (hereinafter referred to as “Amar Mati”), a company incorporated under section 8 of the Companies Act, 2013 (18 of 2013) and
rule 18 of the Companies (Incorporation) Rules, 2014 with its registered office at HOLDING NO-1333, C/O JUTHIKA PATHAK, VILL – JORDA, PO – JORDA, INDPUR, BANKURA
WEST BENGAL, PIN – 722173.

Your use of the Platform and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Platform. If You transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such transaction.

In the context of these Terms of Use, “You” or “User” refers to any individual or entity that has agreed to become a buyer on the Platform by providing registration data during the sign-up process. The terms “We”, “Us”, “Our” represent Amarmati Enterprise Private Limited.

Your access, browsing, or any other use of this site signifies your acceptance of all the terms and conditions under these Terms of Use. Therefore, we urge you to read these Terms of Use thoroughly before continuing. By implicitly or explicitly accepting these Terms of Use, you also consent to abide by our policies, which include but are not limited to our Privacy Policy, as they may be updated from time to time.

Your Account and Registration Obligations

When you use the Platform, it’s your responsibility to keep your Display Name and Password confidential. You’re accountable for all activities that happen under your Display Name and Password. If you provide any information that is false, inaccurate, outdated, or incomplete, or if we have reasonable grounds to believe that such information doesn’t comply with these Terms of Use, we reserve the right to suspend, terminate, or block your membership on the Platform indefinitely and deny you access to the Platform.

Your mobile phone number and/or email address are considered your primary identifiers on the Platform. It’s your responsibility to keep your mobile phone number and email address updated on the Platform at all times. You agree to promptly notify us if your mobile phone number or email address changes by updating the same on the Platform through a one-time password verification.

You agree that Amar Mati won’t be held liable or responsible for the activities or consequences of misuse of any information under your Account, including cases where you have failed to update your revised mobile phone number and/or email address on the Website Platform.

If you share or allow others to access your account on the Platform by creating separate profiles under your Account or otherwise, they will be able to view and access your Account information. You will be solely liable and responsible for all the activities undertaken under your Account and any resulting consequences.

You must maintain the confidentiality of your account information and all activities that occur under your account. Sharing your login details, i.e., username and password of your account with any other person would be considered a breach of these Terms of Use.

You agree to: (a) ensure that you successfully log out from your account at the end of each session; and (b) immediately notify Amar Mati of any unauthorized use of your account. If there’s reason to believe that there’s likely to be a breach of security or misuse of your account, we may request you to change the password or we may suspend your account, without any liability to Amar Mati, for a period of time that we deem appropriate. We won’t be liable for any loss or damage arising from your failure to comply with this provision.

You will have access to other apps owned by Amar Mati using the same login username and password. You agree to have single login access to all the apps owned by Amar Mati.

Communication

By using the Platform or sending us emails or other forms of data, information, or communication, you acknowledge that you are interacting with us through electronic records. You give your consent to periodically receive communications from us via electronic records as needed. Our communication with you may be through email or any other form of electronic or non-electronic communication.

Use of the Platform

You agree, commit, and confirm that your use of the Platform will be strictly regulated by the following binding principles:

You are not allowed to host, display, upload, modify, publish, transmit, update, or share any information that:

(1) is owned by another person and you do not have any rights to it;

(2) is extremely harmful, harassing, blasphemous, defamatory, obscene, pornographic, podophilic, libelous, invasive of another’s privacy, hateful, racially or ethnically objectionable, disparaging, related to or encouraging money laundering or gambling, or otherwise unlawful in any way; or unlawfully threatening or harassing, including but not limited to “indecent representation of women” as defined by the Indecent Representation of Women (Prohibition) Act, 1986;

(3) is misleading in any manner;

(4) is blatantly offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilias, racism, bigotry, hatred, or physical harm of any kind against any group or individual;

(5) harasses or advocates harassment of another individual;

(6) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;

(7) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;

(8) infringes upon or violates any third party’s rights, including but not limited to intellectual property rights, privacy rights (including without limitation unauthorized disclosure of a person’s name, email address, physical address, or phone number), or publicity rights;

(9) promotes an illegal or unauthorized copy of another person’s copyrighted work (refer to “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices;

(10) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

(11) provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone;

(l2) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

(13) contains video, photographs, or images of another person (whether a minor or an adult).

(14) attempts to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

(15) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Platform. Throughout these Terms of Use, Flipkart’s prior written consent means a communication coming from Amar Mati’s Legal Department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;

(16) solicits gambling or engages in any gambling activity which we, in our sole discretion, believe is or could be construed as being illegal;

(17) interferes with another user’s use and enjoyment of the Platform or any other individual’s use and enjoyment of similar services;

(18) refers to any platform or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other platform, contains content that would be prohibited, or violates the letter or spirit of these Terms of Use.

(18) harms minors in any way;

(19) infringes any patent, trademark, copyright, or other proprietary rights or third party’s trade secrets.

Here’s the rewritten version:

(20) Breaches any law currently in effect;

(21) Misleads or deceives the recipient/users about the origin of such messages or communicates any information that is extremely offensive or threatening in nature;

(22) Imitates another individual;

(23) Contains software viruses or any other computer code, files, or programs designed to disrupt, destroy, or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, interfere detrimentally with, diminish the value of, secretly intercept, or expropriate any system, data, or personal information;

(24) Threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order, or incites the commission of any cognizable offense or prevents the investigation of any offense, or is insulting to any other nation.

(25) Must not be false, inaccurate, or misleading;

(26) Must not, directly or indirectly, offer, attempt to offer, trade, or attempt to trade in any item, the dealing of which is prohibited or restricted in any way under the provisions of any applicable law, rule, regulation, or guideline currently in force.

(27) You must not create liability for us or cause us to lose (in whole or in part) the services of our internet service provider (“ISPs”) or other suppliers;

(28) You must 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 part 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.

(29) You must not attempt to gain unauthorized access to any part 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.

(30 )You must 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.

(31) You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other customer, including any account on the Platform not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Platform. You must 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 terms Amar Mati, Amar Mati Enterprise Private Limited, amarmati.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Amar Mati or sellers on platform or otherwise tarnish or dilute any Amar Mati’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us.

(32) You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Amar Mati’s systems or networks, or any systems or networks connected to AMAR MATI. 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.

(33) 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 pretend that You are, or that You represent, someone else, or impersonate any other individual or entity. You may not use the Platform or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of AMAR MATI and / or others.

(34) You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services.

Privacy

We consider your privacy to be of utmost importance. We recognize that your personal information is one of our most valuable assets. We store and process your information, including any sensitive financial information (as defined under the Information Technology Act, 2000), on computers that are safeguarded by both physical and reasonable technological security measures and procedures, in compliance with the Information Technology Act 2000 and its rules. Our current Privacy Policy can be found at Privacy. If you do not consent to your information being transferred or used in this manner, please refrain from using the platform.

We may share your personal information with our other corporate entities and affiliates. As a result of such sharing, these entities and affiliates may market to you unless you explicitly opt out.

We may disclose your personal information to third parties. This disclosure may be necessary for us to provide you with access to our services, to fulfill our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.

We may disclose personal information if required by law or if we believe in good faith that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal processes. We may disclose personal information to law enforcement agencies, third-party rights owners, or others if we believe in good faith that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting, or other content infringes the rights of a third party; or protect the rights, property, or personal safety of our users or the general public.

In the event of a merger, acquisition, or reorganization, amalgamation, restructuring of business, we and our affiliates may share or sell some or all of your personal information with another business entity. If such a transaction occurs, the other business entity (or the new combined entity) will be required to adhere to this privacy policy with respect to your personal information.