Terms of Service

The Terms of Use (as defined hereinafter) is executed between you and us i.e. www.amiraahindia.com, a company incorporated under the laws of India, having its business address at  I Design Studios (Amiraah), 7/43-D Tilak Nagar Kanpur-208002, UP, operating under the trade name – Amiraahindia (hereinafter referred to as "Amiraahindia", "we", "our" or "us") and governs the usage of our Products (as defined hereinafter), and/or Website (as defined hereinafter) and any services, features and technologies, we offer. 

Amiraahindia is a web and mobile based platform which has been conceptualized to bring the latest fashion and lifestyle trends from all across the world through its website www.amiraahindia.com (or any successor site) and its related sub-domains, sites, mobile applications and tools accessed through a mobile device, mobile application, computer or any other device ("Website").

Amiraahindia reserves the right to delete, modify or supplement the content of the Website at any time for any reason without prior notification, and will use reasonable efforts to include up-to-date and accurate information on the Website. These terms shall apply to Amiraahindia hosted mobile apps, WhatsApp groups, Facebook groups, Instagram pages, Facebook pages, email/SMS/phone communications and other social media forum hosted by Amiraahindia if any.

Please read these terms of use carefully before purchasing the Products and contact us if you have any questions. Please note that the use of the Website and content accessed therein constitutes an electronic record within the meaning of the applicable law.

1. ACCEPTANCE OF TERMS AND CONDITIONS

1.1 By checking our acceptance boxes, clicking any acceptance buttons, submitting any text, or simply by making any use of the Website, you, the end user (referred to herein as "you", "your", or the "User") unconditionally agree to the terms and conditions that we have provided herein for the use of our Website. These terms and conditions of use ("Terms of Use") is a binding agreement between you and Amiraahindia. and its affiliates and subsidiaries. By accessing, using our Website, you understand and agree to be bound by these Terms of Use, privacy policy as is more particularly set forth on the Website (the "Privacy Policy"), and related documents and any modifications or amendments made thereto by Amiraahindia from time to time, at its sole discretion. The Terms of Use, and our Privacy Policy (which addresses how we handle and protect your data and information), and any appendices, addendums, and schedules attached thereto shall be collectively referred to as Terms. If you do not agree to these Terms, you are not authorised to access or use our Website.

1.2 By accepting these Terms, you represent that you have the capacity to enter into or, if you are acting on behalf of an entity, that you have the authority to bind such entity to, a legally binding contract, and you agree that these Terms legally bind you or the entity on behalf of which you purport to act, in the same manner as a signed, written, paper contract. These Terms constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures. Accessing, browsing and/or using the Website and/or using any of the information provided therein shall be deemed to signify the User’s unequivocal acceptance of these Terms. The User expressly acknowledges and agrees to be bound by the Terms of Use, regardless of however the User or anyone on the User’s behalf has accessed or used the Website and whether or not the User has registered on the Website.

1.3 You understand that any and all decisions made by you with respect to the content are yours alone. This Terms of Use is made between you and us and shall come into effect when the User at the time of registration clicks on the checkbox to accept the terms and conditions.

1.4 Every effort has been made to ensure, that the information contained on the Website is correct, however Amiraahindia makes no warranty as to the accuracy, comprehensiveness, or correctness of any of the content on the Website and provides all content on an "as is" basis.

1.5 While the Website is freely accessible to the User(s), the User will have to register with Amiraahindia and create their individual registration account prior to any purchase of the Products on the Website. Furthermore, Amiraahindia offers the User an option to schedule an appointment with experts in various fields including but not limited to the field of skin care, nutritionists, stylists, designers, life coach and makeup artists on the Website, each of which may be accessed by the User on payment of the fee payable by the User and/or the experts, which shall be priced per appointment ("Appointment Fees"). It is the responsibility of the User scheduling an appointment with any expert and following the advice given by the expert to evaluate the suitability and relevance of the advice offered by the expert. Amiraahindia is not a medical organization and our experts cannot and do not give you medical advice or diagnosis. Nothing contained in this Website should be construed as such advice or diagnosis. The information and emails created by us for you are for guidance purposes only and are not a substitute for physician consultation, evaluation, or treatment.        

1.6 If this Terms of Use conflicts with any other document, then the Terms of Use will prevail for the purposes of usage of the Website.


If you do not agree or are not willing to be bound by the terms and conditions of this Terms of Use and Privacy Policy, please do not click on the "check box" and on the "Submit/Agree" button and do not seek to obtain access to or otherwise use the Website.


2. PRODUCTS

2.1 Through the Website, Amiraahindia enables the Users to purchase original merchandise such as clothing, footwear, jewellery, accessories from various fashion and lifestyle designers, cosmetics, organic supplements and food. Amiraahindia also provides Users the option to schedule an appointment with experts in various fields including but not limited to the field of skin care, nutritionists, stylists, designers, life coach, make-up artists on the Website (collectively referred to as the "Products"). The Website enables Users to purchase services/Products on the Website in the form of a package, which shall be accessed/purchased by the User on payment of the package fees, which shall vary and be priced as per each package ("Package Fees"). The Products can be purchased through the Website through various methods of payments offered. In addition, these Terms of Use may be further supplemented by Product specific conditions, which may be displayed with that Product.

Amiraahindia does not warrant that Product description or other content on the Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

You may contact Amiraahindia at info@amiraahindia.com with any queries that you may have in relation to the Products provided by Amiraahindia.


3. REGISTRATION AND ELIGIBILITY

3.1 You may browse the Website and view certain content without registering, but as a condition to purchase the Products from the Website, you are required to register with Amiraahindia by creating an account ("User Account") on the Website and represent, warrant and covenant that you provide Amiraahindia with accurate and complete registration information (including, but not limited to a user name ("User Name"), e-mail address and a password you will use to access the Website) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your User Account. All registration information must be correct, complete and promptly updated by the User each time it changes.

3.2 You may also register a User Account through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account"). You have the ability to disable the connection between your User Account and your SNS Account at any time, by accessing the "Settings" section of the Website.

3.3 Amiraahindia allows restricted access to the Website for unregistered Users. We shall also not charge any fees for creating and registering a User Account on the Website. Your access of these Website is free of charge. However, please note that this is subject to change and Amiraahindia shall, at its sole discretion, have the right to charge Users any fee that it may deem appropriate by amending these Terms of Use.

3.4 You shall not:

create any User Account for anyone other than yourself without such person's prior written permission;

Use a User Name that is the name of another person with the intent to impersonate that person;

Use a User Name or User Account that is subject to any rights of a person other than you without appropriate written authorization;

create, use and/or access multiple User Accounts;

divulge or share access to your User Account with any third party for any reason; or

use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.

3.5 Amiraahindia reserves the right to refuse registration of, disable or cancel a User Name in its sole discretion. You are solely responsible and liable for all activity that occurs on your User Account and shall be responsible for maintaining the confidentiality of your User Name and password. You shall be responsible for restricting access to your mobile phone/computer to prevent unauthorized access to your User Account. You shall never use another user's User Account without such other user's prior express permission. You will immediately notify Amiraahindia in writing of any unauthorized use of your User Account, or other User Account related security breach of which you are aware.

3.6 Any conduct by a User that in Amiraahindia's exclusive discretion is in breach of the Terms of Use or which restricts or inhibits any other User from using or enjoying the Products is strictly prohibited.

3.7 When you register and agree to be bound to this Terms of Use, a contract between us and you for the use of our Products is accomplished by default. Use of the Products is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents are not eligible to use the Website. If you are a minor i.e. under the age of 18 (eighteen) years, you may not register as a member of the Website. Amiraahindia reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to Amiraahindia’s notice or if it is discovered that you are under the age of 18 (eighteen) years. You represent that you are solely responsible for ensuring that these terms of use are in compliance with all laws, rules and regulations applicable to you and the right to access the Products is revoked where these Terms of Use or use of the Products is prohibited and, in such circumstances, you agree not to use or access the Website or Products in any way.


4. TRANSACTIONS ON WEBSITE

4.1 The Users meet and interact with one another for their transactions on the Website. Amiraahindia is not and cannot be a party to or control in any manner any transaction between Amiraahindia’s Users.

4.2  All commercial/contractual terms are offered by and agreed to between Users and manufacturers and/or experts alone. The commercial/contractual terms include without limitation price, 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. Amiraahindia does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Users and the manufacturers and/or the experts of the Products or services.

4.3 Amiraahindia is not responsible for any non-performance or breach of any contract entered into between Users themselves. Amiraahindia cannot and does not guarantee that the concerned buyers and/or manufacturers will perform any transaction concluded on the Website.

4.4 The Website is a platform that can be utilized by Users to reach a larger base to buy and sell Products or services. Amiraahindia is providing a platform for communication and is the seller of the Products or services on its Website. However, at no time shall Amiraahindia hold any right, title or interest over the Products nor shall Amiraahindia have any obligations or liabilities in respect of such Products. Amiraahindia is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of Products which are out of stock, unavailable or back ordered.

Pricing on any Product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by the manufacturer and/or experts be incorrectly reflected and in such an event the manufacturer and/or experts may cancel your order(s) and shall therefore liable to refund said amount in accordance with Clause 11.

5. CONTENT

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content has originated. Amiraahindia cannot guarantee the authenticity of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by you using the Website is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these terms of use, the term "Content" includes, without limitation, any location information, recommendations, reviews, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Amiraahindia on or through the Website. All Contents present on this Website are the exclusive property of Amiraahindia. The software, text, images and graphics, used on this Website belong to Amiraahindia. No material from this Website may be copied, modified, reproduced, republished, uploaded, transmitted, posted or distributed in any form without prior written permission from Amiraahindia.

6. SELLING

As a registered User who is a manufacturer, you are permitted to list item(s) for sale on the Website in accordance with the terms of the Vendor Onboarding Agreement, the terms of which are incorporated by way of reference in this Terms of Use. It is thus imperative that the following obligations are met:

You must be legally able to sell the item(s) you list for sale on the Website;

You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties;

You hereby agree that the descriptions, images, and other content pertaining to the Product on the Website is accurate and corresponds directly with the appearance, nature, quality, purpose and other general features of the Product. Further, if the Product description does not match the actual condition of the Product, you agree to refund any amounts that you may have received from the buying User;

All listed items on the Website must be listed in an appropriate category on the Website;

All listed items on the Website must be kept in stock for successful fulfilment of sales;

You agree not to list a single product in multiple quantities across various categories on the Website. Amiraahindia reserves the right to delete any such misleading or multiple listings of the same/singular product in various categories;

You agree to provide Amiraahindia any and all information requested by Amiraahindia under the applicable law;

You agree not to falsely represent yourself as a consumer and post reviews about Products or misrepresent the quality or the features of any Products;

You agree that you shall not refuse to take back Products, or withdraw or discontinue Products purchased or agreed to be purchased, or refuse to refund consideration, if paid, if such Products are defective, deficient or spurious, or if the Products are not of the characteristics or features as advertised or as agreed to, or if such goods or services are delivered late from the stated delivery schedule; and

You agree to provide Amiraahindia the relevant information with respect to the listed item on the Website. This information may include but not be limited to the price of the Product, the delivery charges, the applicable taxes, expiry date of the Product (if applicable), warranty details (if any).

7. BOOKING APPOINTMENTS WITH EXPERTS

7.1 The experts and not Amiraahindia, are solely responsible for honouring any confirmed bookings for any consultations reserved through the Website. If you, choose to enter into a transaction with an expert for consultancy, you agree and understand that you are entering into an agreement with the expert and you agree to accept any terms, conditions, rules and restrictions imposed by the experts. You acknowledge and agree that you, and not Amiraahindia, will be responsible for performing the obligations of any such agreements, and that Amiraahindia is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Amiraahindia disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Amiraahindia is not a party to the agreement between you and the expert, Amiraahindia acts as the expert’s limited agent for the sole purpose of accepting payments from you on behalf of the expert.

7.2 The experts will specify the total Appointment Fee to be paid. The experts are required to either confirm or reject the booking within 24 (twenty four) working hours, of when the booking is requested (as determined by Amiraahindia in its sole discretion) or the requested booking will be automatically cancelled. Upon confirmation of the booking, Amiraahindia shall assist the expert in scheduling the appointment with the User within 10 (ten) days of the User’s appointment request with the expert. If a requested booking is cancelled (i.e. not confirmed by the applicable expert), any amounts collected by Amiraahindia will be refunded to you, depending on the selections you make via the Website, and any pre-authorization of your credit/debit card will be released, if applicable.

8. ELECTRONIC COMMUNICATIONS

When you use the Website or send an email or other data, information or communication to Amiraahindia, you agree and understand that you are communicating with Amiraahindia through electronic records and you consent to receive communications via electronic records from Amiraahindia periodically and as and when required. Amiraahindia will communicate with you by email or by notifications on the Website which will be deemed adequate service of notice / electronic record.

9. USE OF THE WEBSITE

9.1 Amiraahindia neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. Amiraahindia has no control over the third party user generated content.

9.2 You agree, undertake and confirm that your use of the Website shall be in accordance with applicable laws and be strictly governed by the following binding principles:

You shall not host, display, upload, modify, publish, transmit, update or share any information or item that:

belongs to another person and to which you do not have any right to;

is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic;

pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

harms minors in any way;

infringes any patent, trademark, copyright or other proprietary rights;

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;

impersonates 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;

is intended to obtain password, account, personal information, confidential information or private information from any User of the Website;

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 cognizable offence or prevents investigation of any offence or is insulting any other nation;

is false, inaccurate or misleading; and

creates liability for us or causes us to lose (in whole or in part) the services of our internet service providers or other suppliers;

You enable Amiraahindia to use the information you supply us with ("Information"), so that we are not in violation of any rights you might have in your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in your Information, in any media now known or not currently known, with respect to your Information. Amiraahindia will only use your Information in accordance with the Terms of Use and the Privacy Policy.

9.3 As a condition of use, you promise not to use the Website for any purpose that is prohibited by these terms of use. You are responsible for all of your activity in connection with the Products. Amiraahindia has no obligation to monitor the Website or Content. However, Amiraahindia reserves the right to remove, suspend, edit, modify or discontinue any Content and/or Products in its sole discretion at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content and/or Products or if Amiraahindia is concerned that you may have violated these Terms of Use), or for no reason at all. You agree that Amiraahindia shall not be liable to you or to any third party for any such modification, suspension or discontinuance. Amiraahindia also reserves the right to access, read, preserve, and disclose any information as Amiraahindia reasonably believes is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Use, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to User support requests; or (v) protect the rights, property or safety of Amiraahindia, its Users and the public. Provided that nothing in these terms of use shall be construed to obligate Amiraahindia to maintain and support the Content or any part or portion thereof or any associated Products.

9.4 The User shall not use this Website to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of Users of this Website to become Users of other on or offline services directly or indirectly competitive or potentially competitive with Amiraahindia.

10. CONSIDERATION

10.1 There is no charge or fee for browsing the Website. However, the Products may only be purchased by payment of the respective consideration by the User. To make payment of the consideration amount, you must have internet access, a User Account on the Website, and a current valid accepted payment method as shall be specified by Amiraahindia. Amiraahindia does not store any of your credit card information or such other information restricted by the Reserve Bank of India (RBI) for processing payment and has partnered with payment gateway services for the payment. By using a third-party payment provider, you agree to abide by the terms of such a payment provider. You agree that in case Amiraahindia’s third-party payment provider stores any such information, Amiraahindia will not be responsible for such storage, and it will be solely at your discretion to allow the third party to store such information. Any loss of such information or any loss incurred by you due to the usage of such information will be solely a loss incurred by you, and Amiraahindia is in no way liable for any such losses and is neither responsible to reimburse / make good such losses in any manner whatsoever.

10.2 You agree that depending on where you transact with us, the type of payment method used and where your payment was issued, your transaction with us may be subject to foreign exchange fees or exchange rates. Amiraahindia does not support all payment methods, currencies or locations for payment. All applicable taxes are calculated based on the billing information you provide to us at the time of enrolment/purchase.

11. CANCELLATIONS AND REFUNDS

If you wish to review, adjust or cancel a confirmed order made via the Website the Return, Exchange and Refund Policy as available on the Website, shall apply to and govern the terms of your cancellation and any refunds.

12. EQUIPMENT

The User shall be exclusively responsible for obtaining and maintaining all telephone, computer hardware, software and other ancillary equipment needed for access to and use of this Website and all charges related thereto. The User shall be exclusively responsible for ensuring that such equipment is compatible with the Website and to access the Products. Amiraahindia shall not be liable for any damages to the User's equipment resulting from the use of this Website.

13. MONITORING

Amiraahindia shall have the right, but not the obligation, to monitor the content of the Website at all times, including any reviews of Products that may hereinafter be included as part of the Website, to determine compliance with this Terms of Use and any operating rules established by Amiraahindia, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Amiraahindia shall have the right to remove any material that Amiraahindia, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

14. INTELLECTUAL PROPERTY

14.1 All trademarks, patents, copyrights and other intellectual property rights owned by either party on the date hereof shall continue to be owned solely by such party, and except as set forth herein, nothing in this Terms of Use shall be deemed to confer any rights to any such intellectual property on the other party. For purposes of clarity:

(i) as between you and Amiraahindia, you shall be deemed to be the sole owner of all posted information entered into the Website or otherwise posted by you; and

(ii) Amiraahindia is the sole owner of the trade name "Amiraahindia" as well as the Website, and all source code, object code, software, content, copyrights, trademarks, patents and other intellectual property related thereto or included therein. All suggestions, recommendations, bug-fixes, error-fixes or other communications from you to Amiraahindia regarding the Website shall, upon submission to Amiraahindia, be owned solely and exclusively by Amiraahindia. In addition, Amiraahindia shall be entitled to post feedback at the Website (and/or allow others to do so), both positive and negative, regarding any User. You acknowledge and agree that the applicable supplier(s) of any third party software included within the Website shall own all worldwide rights, title and interest in and to such third party software (and any intellectual property rights therein).

14.2 Copyright and Trademark Policy

We reserve the right to suspend, disable, or terminate the Accounts of Users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others. If you believe in good faith that the Products infringe your intellectual property, please provide us a notice requesting that the material be removed or access to it blocked and we shall review your complaint. The notice must include the following information:

identification of the Product claimed to have been infringed;

identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Amiraahindia to locate the material on the Website;

the name, address, telephone number, and email address (if available) of the complaining party;

a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

a statement that the information in the notification is accurate and, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

14.3 Notice with respect to the Products can be sent to info@amiraahindia.com

14.4 Amiraahindia also respects the trademark rights of others. User Accounts with any other content that misleads others or violates another's trademark may be updated, suspended, disabled, or terminated by us in our sole discretion. If you are concerned that someone may be using your trademark in an infringing way on our Website, please email us at info@amiraahindia.com and we will review your complaint. If we deem appropriate, we may remove the offending content, warn the individual who posted the content, and/or temporarily or permanently suspend or disable the individual’s account.

15. UNAVAILABILITY OF WEBSITE AND PAYMENT GATEWAY SERVICES

15.1 You are responsible, at your sole cost and expense, for providing all equipment necessary to access the internet, the Website. While it is Amiraahindia's objective to make the Website accessible at all times, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. In addition, various portions of the Website may operate at a slower pace from time to time. You understand and acknowledge that due to circumstances both within and outside the control of Amiraahindia, access to the Website may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, Amiraahindia shall not be liable in any way for any delay in responding to an inquiry or question forwarded by you or the effects any delay or unavailability may have on you.

YOU AGREE THAT AMIRAAHINDIA SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE AND THAT YOU SHALL PUT IN PLACE CONTINGENCY PLANS TO ACCOUNT FOR SUCH PERIODIC INTERRUPTIONS OR SUSPENSIONS OF THE WEBSITE.

15.2 Amiraahindia shall make all reasonable efforts for the provision of uninterrupted service of the payment gateway subject to down time and regular maintenance. However, notwithstanding anything in this Terms of Use, you acknowledge that the payment gateway may not be uninterrupted or error free or free from any virus or other malicious, destructive or corrupting code, program or macro and Amiraahindia disclaims all warranties, express or implied, written or oral, including but not limited to warranties of merchantability and fitness of the payment services for a particular purpose.

15.3 Although Amiraahindia adopts security measures it considers appropriate for the offer of the Products and the payment gateway mechanism, it does not assure or guarantee that no person will overcome or subvert the security measures and gain unauthorized access to the same or your data. Amiraahindia shall not be responsible or liable if any unauthorized person hacks into or gains access to the payment gateway service. In addition, you agree that Amiraahindia shall not be liable for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, as a result of loss of data; interruption or stoppage to your access to and/or use of the payment gateway services. Amiraahindia's sole obligation and your sole and exclusive remedy in the event of interruption of the payment gateway services shall be to use all reasonable endeavours to restore the Website and/or access to the payment gateway services as soon as reasonably possible.

15.4 In order to purchase the Products, you must submit a valid Visa, Visa Electron, Mastercard, American Express, Delta or Switch credit or debit card. You hereby warrant that the payment card you submit is yours. All credit/debit card holders users are subject to validation checks and authorisation by the card issuer or the third party payment provider. Amiraahindia is not responsible in the event that your payment card provider refuses to authorise payments.

16. PRIVACY

16.1 We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your Information as described in the Privacy Policy. We view protection of User’s privacy as a very important community principle. We understand clearly that you and your personal information is one of our most important assets. Your personal information which is stored and processed by us is protected by physical as well as reasonable technological security measures and procedures. If you object to the Privacy Policy in any way, please do not use the Website.

16.2 By accepting the Privacy Policy, you hereby consent to your personal information being shared on a no-name basis with third parties.

17. YOUR CONSENT

By using the Website and/ or by providing your Information, you consent to the collection and use of the Information you disclose on the Website by Amiraahindia in accordance with Amiraahindia’s Privacy Policy.

18. MODIFICATION OF TERMS OF USE

These terms of use were most recently updated on [11-06-2021]. Amiraahindia reserves the right, at its sole discretion, to modify or replace any of these terms of use, or change, suspend, or discontinue the Products (including without limitation, the availability of any feature, database, or Content) at any time by posting a notice on the Website. Such changes may include, among other things, the addition of certain fees or charges, in addition to the Appointment Fees. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time so that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Website, you are implicitly agreeing to the amended Terms of Use and Privacy Policy and we shall not be liable for any loss suffered by you on your failure to review such revised Terms of Use and Privacy Policy. Unless specified otherwise, any such deletions or modifications shall be effective immediately upon Amiraahindia posting the same thereof. Continued use of the Website will be deemed to constitute acceptance of the new terms and conditions.

19. THE OPT-OUT PRACTICE

(i) If you are no longer interested in receiving e-mail announcements and other marketing information from us, or you want us to remove any personal information that we have collected about you, you can opt-out anytime by sending an e-mail about your request to Amiraahindia.

(ii) We use and/or may hereafter use third-party service providers to serve ads on our behalf across the Internet and sometimes on this site. They may collect anonymous information about your visits to our Website, and your interaction with our products and services. They may also use information about your visits to this and other websites to target advertisements for goods and services. This anonymous information is collected through the use of a pixel tag, cookies and any other method which is industry standard technology used by most major websites to collect information regarding usage of the Website by any User. No personally identifiable information is collected or used in this process. They do not know the name, phone number, address, email address, or any personally identifying information about the User.

20. BREACH AND SUSPENSION OF SERVICES

20.1 We may at our sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend your User Account and/or access to the Website and Products therein (as the case may be) without giving any prior notice, to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of these Terms of Use, we shall not be liable to indemnify you for any loss or/and damage or/and costs or/and expense that you may suffer or incur, and no fees or/and charges payable by you for the Products shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.

20.2 Without limiting other remedies, Amiraahindia may without liability, limit your activity, immediately remove your Information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your User Account, and/or refuse to provide you with access to the Website in the event and remove any non-compliant Information, but not limited to:

If you breach this Terms of Use and the Privacy Policy;

If Amiraahindia is unable to verify or authenticate any information you provide;

If you fail to reasonably cooperate in any investigation by us;

If it is believed that your actions may cause legal liability for you, other Users or Amiraahindia; and

(iv) If Amiraahindia believes that you have breached any applicable law.

20.3 A User that has been suspended or blocked may not register or attempt to register with Amiraahindia or use the Website in any manner whatsoever until such time that such User is reinstated by Amiraahindia. Notwithstanding the foregoing, if you breach the Terms of Use or the documents it incorporates by reference, Amiraahindia reserves the right to recover any amounts due and owing by you to Amiraahindia and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

20.4 Amiraahindia reserves the right to recover the cost of Product(s), collection charges and lawyer’s fees from persons using the Website fraudulently. Amiraahindia reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or omissions in breach of these terms of use.

20.5 If you use the Website, you are responsible for maintaining the confidentiality of your User Account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your User Account or password. Because of this, we strongly recommend that you exit from your User Account at the end of each session. You agree to notify Amiraahindia immediately of any unauthorized use of your User Account or any other breach of security.

21. TERMINATION

21.1 These terms of use, with modifications as contemplated, shall remain in full force and effect during your use or access of the Website or till the date your User Account is terminated whichever is later.

21.2 Amiraahindia may terminate your access to all or any part of the Website, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all Information associated with your User Account. If you wish to terminate your User Account, you may do so by following the instructions on the Website. All provisions of this Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

22. DISCLAIMER

22.1 THE WEBSITE, PRODUCTS AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.

22.2 AMIRAAHINDIA  AND ITS SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND EXPERTS DO NOT WARRANT THAT:

(I) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;

(II) ANY DEFECTS OR ERRORS WILL BE CORRECTED;

(III) ANY CONTENT OR PRODUCTS AVAILABLE AT OR THROUGH THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR

(IV) THE RESULTS OF USING THE PRODUCTS WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, PRODUCTS IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

22.3 AMIRAAHINDIA SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS, OR FOR ANY INFORMATION OBTAINED OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, AMIRAAHINDIA SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE PRODUCTS DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE PRODUCTS THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND OUR CONTROL.

22.4 THESE LIMITATIONS, DISCLAIMER OF WARRANTIES AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM

(A) BREACH OF CONTRACT,

(B) BREACH OF WARRANTY,

(C) NEGLIGENCE, OR

(D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.

22.5 THE WEBSITE AND THE CONSULTANCY SERVICES OFFERED THROUGH THE WEBSITE ARE ONLY AIMED TO PROVIDE ASSISTANCE TO YOU. AMIRAAHINDIA IS NOT A MEDICAL ORGANIZATION AND OUR EXPERTS CANNOT AND DO NOT GIVE YOU MEDICAL ADVICE OR DIAGNOSIS. NOTHING CONTAINED ON OUR WEBSITE AND/OR PRODUCTS SHOULD BE CONSTRUED AS SUCH ADVICE OR DIAGNOSIS. THE INFORMATION AND EMAILS CREATED BY US FOR YOU ARE FOR GUIDANCE PURPOSES ONLY AND ARE NOT A SUBSTITUTE FOR PHYSICIAN CONSULTATION, EVALUATION, OR TREATMENT.

22.6 OUR EXPERTS MAY PROVIDE NUTRITIONAL CONSULTANCY AIMED AT DISEASE MANAGEMENT BESIDES ENHANCING THE HEALTH STATUS OF THE USER, HOWEVER, KEEPING IN MIND THE COMPLEXITY OF THE HUMAN BODY AND BEHAVIOR, IT IS NOT POSSIBLE FOR AMIRAAHINDIA TO GUARANTEE RESULTS. WEIGHT LOSS/GAIN IS A COMBINATION OF SEVERAL FACTORS AND AMIRAAHINDIA DOES NOT GUARANTEE WEIGHT LOSS/GAIN OR ANY OTHER BENEFITS MERELY BASED ON A CONSULTATION SESSION WITH OUR EXPERTS OR USE OF THE PRODUCTS OFFERED. YOU ARE URGED AND ADVISED TO SEEK THE ADVICE OF A PHYSICIAN BEFORE BEGINNING ANY DIET REGIMEN. THIS WEBSITE IS INTENDED FOR USE ONLY BY HEALTHY ADULT INDIVIDUALS. THE WEBSITE IS NOT INTENDED FOR USE BY MINORS OR INDIVIDUALS WITH ANY TYPE OF HEALTH CONDITION. SUCH INDIVIDUALS ARE SPECIFICALLY WARNED TO SEEK PROFESSIONAL MEDICAL ADVICE PRIOR TO INITIATING ANY FORM OF LOSS/GAIN EFFORT OR REGIMEN.

23. LIMITATION OF LIABILITY

To the maximum extent permitted by law, we will not be liable to you for any all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, (including loss of information, data, revenues, profits or savings) resulting, directly or indirectly, out of, or in any way connected with your access to, use of, or reliance on the Website or Products including any special, consequential, punitive, incidental or other losses, expenses or damages arising out of or in connection with the use of the Website whether in negligence, contract, tort, strict liability, or any other legal theory. You assume full responsibility for the use of the Website and/or Products.

We may suspend performance of our Products or access to the Website without liability where we have identified an actual or potential personal, financial or legal risk to the User (which may include the following circumstances:

(i) if you breach these Terms of Use or any of our policies;

(ii) if you fail to reasonably cooperate with an investigation by us; or

(iii) where we reasonably believe that your continued provision of any of our Products would expose you or us or our respective affiliates or customers to a material security risk or a regulatory action.

Without limiting Clause 23.1 above, if you suffer losses or damage as a result of our gross negligence or wilful failure to comply with our obligations under these Terms of Use, any claim by you against us will in any event be limited to an amount equal to the Products purchased by You.

The Website is a venue for the purposes of facilitating interactions and transactions between the Users and the manufacturers and/or experts. As the provider of the Website, AMIRAAHINDIA is the seller of the Products on its Website. However, AMIRAAHINDIA does not own, create, control or manage the Products. Manufacturers and/or experts alone are responsible for their Products. AMIRAAHINDIA is not acting as an agent in any capacity for any User. Similarly, AMIRAAHINDIA is not a contracting agent or representative of any manufacturer and/or expert, except as a limited agent solely for collecting the payment.

AMIRAAHINDIA and its affiliates, directors, officers, employees have no liability and will make no refund in the event of any delay, cancellation, strike, force majeure, or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing, or acts of any government or authority. You hereby agree to release, and forever discharge AMIRAAHINDIA and its affiliates and each of their respective agents, directors, officers, employees, and all other related persons or entities from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with your use of the Website and purchase of the Products.

You are solely responsible for all of your communications and interactions with other Users of the Website and with other persons with whom you communicate or interact as a result of your use of the Website, including, but not limited to, any manufacturer and/or expert. You understand that AMIRAAHINDIA does not undertake to verify the statements of Users of the Website or the reviews of any Products. AMIRAAHINDIA makes no representations or warranties as to the conduct of Users of the Website or their compatibility with any current or future Users of the Website. You agree to take reasonable precautions in all your communications and interactions with other Users of the Website and with other persons with whom you communicate or interact as a result of your use of the Website, including, but not limited to, Users and manufacturers and/or experts, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by AMIRAAHINDIA. Notwithstanding AMIRAAHINDIA's appointment as the limited agent of the manufacturers and/or experts for the purpose of accepting payments from Users on behalf of the manufacturers and/or experts, AMIRAAHINDIA explicitly disclaims all liability for any act or omission of any manufacturers/ experts or other third party.

You expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in AMIRAAHINDIA/Website incurring any form of liability whatsoever, these Terms and any agreement thereof will stand terminated 1 (one) day before the coming into effect of such statute, rule, regulation or amendment.

24. INDEMNIFICATION

24.1 You shall defend, indemnify, and hold harmless AMIRAAHINDIA, its affiliates and each of its and its affiliates' employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Website, Products, Content or otherwise from your User Account, violation of this Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of AMIRAAHINDIA. AMIRAAHINDIA reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with AMIRAAHINDIA in asserting any available defences. You may not consent to the entry of any judgment or enter into any settlement of a claim without our prior written consent, which may not be unreasonably withheld. We reserve the right to enforce our rights under this provision by withholding amounts otherwise due to you under these terms of use.

24.2 Further you hereby agree that all payments with respect to refunds and chargebacks shall be your sole responsibility and AMIRAAHINDIA shall not be liable for any claims, disputes, penalties which may arise in connection with such refunds or chargebacks. You agree to indemnify AMIRAAHINDIA in respect of any claims, disputes, penalties, costs and expenses arising directly in relation to refunds or chargebacks for all transactions initiated and instructed through the Website.

24.3 You agree to indemnify and hold AMIRAAHINDIA (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this Terms of Use, or your violation of any law or the rights of a 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 this Terms of Use or arising out of violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Terms of Use.

25. OWNERSHIP

The Information that you provide to us or otherwise authorise us to have access to is your property. By using our Website, and/or purchasing the Products, you grant us a license to collect, use, copy, transmit, store and back-up your Information for purposes of providing Products and/or for any other purpose(s) as contemplated by these Terms of Service and our Privacy Policy. All Information provided to us by you shall be governed by the Privacy Policy.

26. CONFIDENTIALITY

During the course of your use of our Website and access to the Products, you may receive information relating to us or to our Products, that is not known to the general public ("Confidential Information"). You agree that:

(a) all Confidential Information will remain AMIRAAHINDIA's exclusive property;

(b) you will use Confidential Information only as is reasonably necessary for you to avail our Products;

(c) you will not otherwise disclose Confidential Information to any other person or third party; and

(d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in these terms of use. You may not issue any press release or make any public statement related to our Products, or use our name, trademarks, or logo, in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way.

27. MISCELLANEOUS

(i) Governing law and Dispute Resolution- This Terms of Use contained herein shall be governed by and construed in accordance with the laws of India only without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Ahmedabad, India. If any dispute arises between you and AMIRAAHINDIA during your use of our Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms of Use, the dispute shall be sought to be amicably resolved between the User and AMIRAAHINDIA. If any dispute remains unresolved 21 (twenty one) days thereafter, the dispute shall settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitral tribunal shall consist of 3 (three) arbitrators. Each party shall appoint 1 (one) arbitrator each and the 2 (two) arbitrators so appointed shall appoint the 3rd (third) arbitrator. The venue of arbitration shall be Ahmedabad. The language of the arbitration shall be English. The decision of the arbitrators shall be final, binding and incontestable and may be used as a basis for judgment thereon anywhere. Judgment upon any arbitral award rendered hereunder may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be.

(ii) Independent Parties- You and AMIRAAHINDIA are independent contractors, and nothing in this Terms of Use will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. These terms of use will not create an exclusive relationship between you and us. Nothing expressed or mentioned in or implied from these terms of use is intended or will be construed to give to any person other than the parties to this Terms of Use any legal or equitable right, remedy, or claim under or in respect to these Terms of Use. These Terms of Use and all of the representations, warranties, covenants, conditions, and provisions herein are intended to be and are for the sole and exclusive benefit of AMIRAAHINDIA and the Users. As between you and us, you will be solely responsible for all obligations associated with the use of any third-party service or feature that you permit us to use on your behalf, including compliance with any applicable Terms of Use. You will not make any statement, whether on your site or otherwise, that would contradict anything in this clause.

(iii) Assignability-The Website may assign any of its responsibilities/obligations to any other person without notice to the User, at its sole discretion. However, you shall not assign, sub-license or otherwise transfer any of your rights or obligations under this Terms of Use to any other party, unless written consent is taken from AMIRAAHINDIA.

(iv) Severability- If any provision of these terms of use is found to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

(v) Waiver- Failure by the Website to exercise any right or remedy under these terms of use does not constitute a waiver of that right or remedy.

(vi) Force Majeure- The Website is not liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labour dispute, strike, lockout, robbery, theft of data or any interruption or any failure of electricity or server, system, computer, internet or telephone service.

(vii) Interpretation- In this Terms of Use, unless the context otherwise requires references to recitals, clauses and sub-clauses are to recitals, clauses and sub-clauses of this Terms of Use; headings are inserted for ease of reference only and are not to be used to define, interpret or limit any of the provisions of this Terms of Use; references to the singular number shall include references to the plural number and vice versa; words denoting one gender include all genders; any reference in this Terms of Use to a statutory provision includes that provision and any regulation made in pursuance thereof, as from time to time modified or re-enacted, whether before or after the date of this Terms of Use; and any reference to a time limit in this Terms of Use means the time limit set out in the relevant clause or Sub-clause or such other time limit which may be mutually agreed by the parties in writing.

28. GRIEVANCE OFFICER

In the event you have any grievances or questions about the Website or the Products or if you wish to make a complaint regarding any violation of the provisions of the Terms of Use, you may contact us at the details as set out below pursuant to which your grievance shall be acknowledged within 48 (forty eight hours) and redressed within 1 (one) month from the date of receipt of grievance/complaint.

Name: [□]

Email ID: info@amiraahindia.com

Contact No: +91 6393291818

29. CUSTOMER SUPPORT

AMIRAAHINDIA shall provide customer support limited to responding to questions/queries regarding the nature of the Products provided for but not limited to payment, refunds, functionality and feedback. If you have any questions regarding the same, you can contact us at info@amiraahindia.com

30. CONTACT

If you have any questions about this Terms of Use or the Privacy Policy of AMIRAAHINDIA, or if you want to exercise any of the rights that you are given under this Terms of Use, you can contact us at info@amiraahindia.com.