TERMS OF USE


Last Revision: 01 August 2020


PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THE WEBSITE OR THE PRODUCTS AND SERVICES PROVIDED BY THE WEBSITE SHALL IMPLY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.



This Terms of Use (“Terms” or “Terms and Conditions”) of the Website, www.ambiyaonline.com (“Website”), between Ambiya Partnership Firm, a firm incorporated under The Indian Partnership Act 1932, (“Firm” or “Ambiya”) and Users of the Website (“User” or “you” or “your”) describes the Terms of Use on which Ambiya offers you access to this Website.




Ambiya reserves the right to change or revise the Terms at any time by posting changes or a revised Terms of Use on this Website, including by way of imposing any charge for access to or use of the Website. Ambiya will alert the User that changes or revisions have been made by indicating on the top of this Terms of Use the date it was last revised. The changed or revised Terms will be effective immediately after it is posted on this Website. your use of the Website following the posting of any such changes will constitute your acceptance of the revised Terms. Ambiya encourages you to review the Terms whenever you visit the Website to make sure you understand the Terms governing the use of the Website. If you do not agree to the Terms, please immediately terminate your use of the Website.



Access And Use

All products, services, and information displayed on the Website constitute an “invitation to offer”. your order constitutes your “offer” which shall be subject to the Terms as listed here. Ambiya reserves the right to accept or reject your offer. If you have supplied us with your e-mail address, we will notify you by e-mail as soon as possible to confirm receipt of your order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of Ambiya prior to the actual dispatch of the product(s) ordered will constitute Ambiya’s acceptance of your Offer.


By accessing the Website, you warrant and represent to Ambiya that you are legally entitled to do so and to make use of the information made available via the Website. Products and services are not available to minors. If you are below 18 years of age, you may use the Website only with involvement of a parent or guardian. It shall be your responsibility to ensure that you are of legal age to form a binding contract and are not barred under the laws as applicable in India.


Ambiya retains the right to deny access to the Website to any new User(s) or terminate access granted to any existing User(s) at any time for any reason, without providing any reasons.


You are responsible for maintaining the necessary computer equipment and Internet connection that may be required to access, use, and transact on the Website.


License

When user provides Submissions or accesses the website, user will hereby do and shall grant, non-exclusive, non-transferable right to the information on the Website in connection with your personal, non-commercial, use of the Website. You may not copy, modify, reproduce, transmit, distribute, or create derivative works of such Content or information without express written authorization from Ambiya. In addition, you may not remove any copyright or other proprietary notices on any of the materials available on the Website.


Intellectual Property Rights

Ambiya owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not ), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Ambiya without obtaining authorization from it. User shall not upload post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Ambiya does not have any express burden or responsibility to provide the Users with indications, markings or anything else that may aid the User in determining whether the material in question is copyrighted or trademarked.


User shall be solely liable for any damage resulting from any infringement of Copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Site, User warrants that the owner of such material has expressly granted Ambiya the royalty-free, perpetual, irrevocable, non- exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any Form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other end user to access, view, and store or reproduce the material for that end user’s personal use. User hereby grants Ambiya , the right to edit, copy, publish and distribute any material made available on the Site by the User.


Ambiya respects the intellectual property of others. If you believe your work has been copied in a way that constitutes an Intellectual Property Right infringement, please address a complaint to customercare@ambiyaonline.com


Disclaimer of Warranty and Liability

Ambiya makes no warranties, representations, statements, or guarantees (whether express, implied in law, or residual) regarding the Website. This Website, all Content, and products and services (including but not limited to software), included on or otherwise made available to you through this Website are provided by Ambiya “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice, Ambiya does not warrant that this Website will be constantly available or available at all, or the Content on this Website is complete, true, accurate, or non-misleading. Ambiya will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connectio with this Website. Ambiya does not warrant that this Website, Content, information, materials, product (including software) or services included on or otherwise made available to you through this Website, servers, or electronic communication sent from Ambiya is free of viruses or other harmful components. Nothing on this Website constitutes or is meant to constitute, advice of any kind.


Privacy

Use of this Website is governed by our Privacy Policy. You confirm that you have read and fully understand the Privacy Policy of the Website and the Terms are acceptable to you.


User’s Account

Ambiya may make available the products and services only if you have provided Ambiya with certain required User information and created an account by completing the Website registration form. You will make all reasonable efforts to ensure that the information provided by you in the Website registration form is complete, accurate, and up-to-date. Use of another User's account information for availing the products and services on the Website is expressly prohibited.


You agree that any use on the Website is at your own risk and Ambiya is not responsible for it. you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. you agree to immediately notify Ambiya of any unauthorized use of your account information or any other breach of security and ensure that you exit from your account at the end of each session on the Website. you may be held liable for losses incurred by Ambiya or any other User of or visitor to the Website due to authorized or unauthorized use of your account as a result of your failure in keeping your account information secure and confidential.


Your Information is defined as any information you provide to us in the registration, buying, or listing process, in the feedback area or through any e-mail feature. We will protect your Information in accordance with our Privacy Policy. Ambiya has the right to indefinitely suspend or terminate your account and refuse to provide you with access to the Website at any time.


If you provide any information that is or becomes untrue, inaccurate, not current or incomplete, or Ambiya has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Ambiya has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion of the Website).


User Content

You are responsible for any notes, messages, e-mails, billboard postings, photos, opinions, images or other materials or information posted or transmitted to the Website. By posting, storing, or transmitting any Content on the Website, you hereby grant Ambiya a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, transmit and assign such Content in any form (in whole or in part), in all media now known or hereinafter created, anywhere in the world. you also permit any other User to access, view, store, or reproduce your Content for their personal use.


You shall not upload Content on the Website that is protected by copyright, trademark or other proprietary right without the express permission of the owner of that copyright, trademark or other proprietary right. you shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.


Ambiya does not have the ability to control the nature of the User-generated Content on the Website. you are solely responsible for your interactions with other Users of the Website and any Content you post. Ambiya is not liable for any damage or harm resulting from any posts by or interactions between Users. Ambiya reserves the right, but has no obligation, to monitor interactions between Users and to remove any Content Ambiya deems objectionable.


Any feedback you provide on this Website shall be deemed non-confidential. Ambiya shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, you represent and warrant that your feedback does not contain proprietary or confidential information of you or of third-parties. Ambiya is not under any obligation of confidentiality, express or implied, with respect to the feedback and you are not entitled to any compensation or reimbursement of any kind from Ambiya for the feedback given by you under any circumstances.


Rules of Conduct

you may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of Ambiya. Ambiya may review, edit, reject, refuse to post, and/or delete any Content that in the sole discretion of Ambiya violates these Terms or which might be offensive, illegal, violate the rights, harm, or threaten the safety of another person. Any information provided by you on this Website shall not be misleading in any way.


you may not post or transmit Content, (even if made in a joking, sarcastic, or unintended manner), if it in any way offensive to other User(s), such as sexually explicit content or Content that promotes obscenity, pedophilia, 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 libelous; infringes upon or violates any third-parties rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, e-mail address, physical address, or phone number) or rights of publicity; promotes an illegal or unauthorized copy of another persons copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); provides Content 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 videos, photographs, or images of another person without his or her express written consent or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian); tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Terms) to the Website or to profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; engages in commercial activities and/or sales without Ambiya’s

prior written consent such as contests, sweepstakes, barter, surveys, advertising and pyramid schemes, or the buying or selling of “virtual” items related to the Website impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit gambling or engage in any gambling activity which Ambiya, in its sole discretion, believes is or could be construed as being illegal; contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or deleterious components or devices; probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website, reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Website, or any other customer of the Website, including any User account not owned by you, to its source, or exploit the Website or Content made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information; disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems, resources, accounts, passwords, servers, or networks connected to or accessible through the Website or any affiliated or linked Websites; collect or store data about other Users; interfere with another Users use and enjoyment of the Website or any other User(s) enjoyment of similar services; or refers to any Website or URL that, in the sole discretion of Ambiya, contains material that is inappropriate for the Website, contains Content that would be prohibited on the Website, or violates the letter or spirit of this Terms of Use.


you must use the Website in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorized uses of the Website, including without limitation, collecting usernames and/ or e-mail addresses of registered Users by electronic or other means for the purpose of sending unsolicited e-mail and unauthorized framing of or linking to the Website, are not permitted. This includes the unauthorized interception of the data stream coming from or going into the Website, as well as attempting to gain unauthorized access to the Website or exceeding your authorized access.


you may not engage in advertising to, or solicitation of, other Users through the Website to buy or sell any products or services, including, but not limited to, products or services related to the Website. you may not transmit any chain letters or unsolicited commercial or junk e-mail to other Users via the Website. It is also a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another User outside of the Website without their prior explicit consent. In order to protect our Users from such advertising or solicitation, Ambiya reserves the right to restrict the number of messages or emails which a User may send to other Users in any 24-hour period to a number which Ambiya deems appropriate in its sole discretion.


you understand that Ambiya has the right at all times to disclose any information (including the identity of the Users or persons providing information or materials on the Website) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, Ambiya can (and you hereby expressly authorize Ambiya) to disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.


Ambiya reserves the right, but has no obligation, to monitor the Content posted in the public areas of the Website. Ambiya 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 of Use. Notwithstanding this right of Ambiya, you remain solely responsible for the Content of the materials you post in the public areas of the Website and in your private messages. Please be advised that Content posted in public areas of the Website does not reflect the views of Ambiya. In no event shall Ambiya assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of the Content and/or appearance of the Content on the Website. you hereby represent and warrant that you have all necessary rights in and to all Content you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third-parties or contain any libelous, tortuous, or otherwise unlawful information.


your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related goods or services, and any other Terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Ambiya shall not be responsible or liable for any loss or damage incurred as a result of any such dealings or as a result of the presence of such advertisers on the Website.


It is possible that other Users (including unauthorized Users or “hackers”) may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for


others to obtain personal information about you due to your use of the Website, and that the recipient may use such information to harass or injure you. Ambiya does not approve of such unauthorized uses but by using the Website you acknowledge and agree that Ambiya is not responsible for the use of any personal information that you publicly disclose or share with other Users on the Website. Please carefully select the type of information that you publicly disclose or share with other Users on the Website.


Ambiya 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).


Contacting User

You hereby expressly agree to receive communications, including but not limited to administrative and promotional e-mails and newsletters from Ambiya by SMS and e- mail, and other known or hereinafter created communication mediums. Ambiya will send you information regarding your account activity and purchases, as well as updates about Ambiya’s products and services, and promotional offers. you can unsubscribe from receiving all promotional and marketing material at any time by clicking on the unsubscribe link at the bottom of the e-mail communication or by contacting customercare@ambiyaonline.com All notices from Ambiya and the Website will be served by e-mail to the primary e-mail address designated by you in your account information or by general notification on the Website. Any notice to be provided to Ambiya pursuant to the Terms should be sent to customercare@ambiyaonline.com you agree that all agreements, notices, disclosures, and other communications that Ambiya provides to you electronically satisfy any legal requirement that such communications be in writing.


Order Payment

All payments made against purchases on the Website by you shall be as against the MRP displayed on the Website. Ambiya may employ a third-party online payment gateway provider(s) to facilitate payments on the Website. Use of such third-party online payment gateway provider services will be governed by their Terms and Conditions as applicable for your nature of activities. you agree, understand, and confirm that the debit/credit card or net banking details provided by you for availing of services on the Website will be correct and accurate


and you shall not use the debit/credit card or net banking which is not lawfully owned by you (i.e., in a transaction you must use your own debit/credit card or net banking account). you further agree to provide the correct and valid debit/credit card or net banking details to the Website, Company, and payment gateway provider. Before dispatching your order to you, Ambiya may require you to provide additional supporting documents to establish the ownership of the payment instrument used by you for your purchase.


You will be solely responsible for the security and confidentiality of your debit/credit card or net banking details. The Website will not be liable for any debit/credit card or net banking fraud any loss or damage arising directly or indirectly to you including but not limited to the lack of authorization for any transaction(s), exceeding the preset limit mutually agreed by you and your bank, payment issues arising out of the transaction, or the decline of the transaction(s) for any other reason(s). The liability for use of a card or net banking fraudulently will be on you and the onus to prove otherwise shall be exclusively on you. Ambiya shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the authorization of any transaction for any reason whatsoever. Ambiya will not share your debit/credit card or net banking details with any third-party unless required by law or court order.


Exactness

Ambiya will try its best to deliver products exactly the way they appear on the Website. However, many of Ambiya’s products are handcrafted resulting in minor shape, size, color, texture, and design variations. Ambiya disclaims any guarantees of exactness of the finish or appearance of the final product ordered by you over and above generally acceptable standards on the same. The quality of the products, services, and Content purchased or obtained by you through the Website may not meet your expectations.


Changes to certain aspects of your order may be required due to limitations caused by availability of the product. In such instances, you agree that Ambiya will call you or send an approval request via your registered e-mail address which you submitted when placing your order. If you do not agree with the requested change, you retain the right to reject the requested change by replying within 5-days of the approval request being sent to you, following which your order will be cancelled and you will be fully refunded via your initial method of payment.


Pricing Error and Discrepancy

Pricing on the product and service is as it shows, however on occasions due to any technical issue or typographical error the actual product or service price may vary. If Ambiya comes across any such difference in pricing, it has all the rights to rectify the same or cancel the order.


If a product or service’s correct price is lower than the Website stated price, Ambiya will charge the lower amount and send you the product or service. If a product or service’s correct price is higher than the Website stated price, Ambiya will cancel your order and notify you of that cancellation.


The product or service price mentioned on the Website is the Maximum Retail Price (MRP) for the said product or service. Such MRP shall be inclusive of all local taxes as are applicable in India. Additional applicable taxes may be charged depending upon the destination where the order has to be shipped to. The tax rate applied and charged upon the order shall include combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. Ambiya reserves the right to collect taxes and/or such other levy/ duty/ surcharge that it may have to incur in addition to the normal taxes it may have to pay. We may also charge


delivery charges which may include postal/shipping charges to deliver the product or services ordered by you on the Website.


Third-Party Content and Links

External third-party links (“Third-Party Links”) may be provided for general information purposes only on the Website or via e-mail from Ambiya, but they are beyond the control of Ambiya and no representation is made as to their Content, including any link contained in Third-Party Links, or any changes or updates to Third- Party Links. Use or reliance on any Third-Party Links provided on the Website and the Content thereon provided is at your own risk. Ambiya does not provide any guarantee with respect to any Third-Party Link and shall not be held liable for any loss suffered by you or any other company due to your reliance on or use of such Content. Ambiya is providing these Third-Party Links to you only as a convenience, and the inclusion of any Third-Party Link does not imply endorsement by Ambiya of the Third-Party Link or any association with its operators. you are responsible for verifying the accuracy of all Third-Party Links on your own before undertaking any reliance on such Information.


Applicable Law

The use of this Website, the Terms, all transactions, and the relationship between Ambiya and you shall in all respects be governed by the laws of the state of Haryana, India, regardless of the laws that might be applicable under principles of conflict of law. The User agrees that the courts located in Gurgaon, Haryana, India shall have exclusive jurisdiction over all controversies, claims, differences, and disputes arising under the Terms and agrees that the venue is proper in those courts.


You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Website, products and services, Content, or this Terms must be filed within 1-year after such claim or cause of action arose or be forever barred.


By agreeing to the Terms, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.


Violations of Terms of Use

Ambiya may, in its sole discretion and without prior notice, terminate your access to the Website and cancel any outstanding orders for products and services if Ambiya determines that you have violated the Terms. Any violation by you of the Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Ambiya, for which monetary damages is likely to be inadequate, and you consent to Ambiya obtaining any injunctive or equitable relief that Ambiya deems necessary or appropriate. These remedies are in addition to any other remedies Ambiya may have at law or in equity. Ambiya will also be entitled to recover from you, and you agree to pay, all reasonable lawyer and court fees and costs of such action, in addition to any other relief granted to Ambiya.


In the event you come across any abuse or violation of the Terms or if you become aware of any objectionable Content on the Website, please report it to customercare@ambiyaonline.com


Termination

Ambiya may suspend or terminate your use of the Ambiya or any Service if it believes,in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until Ambiya chooses to terminate them. If You or Ambiya terminates your use of the Platform or any Service, Ambiya may delete any content or other materials relating to your use of the Service and Ambiya will

have no liability to you or any third party for doing so. However, your transactions details may be preserved by Ambiya for purposes of tax or regulatory compliance. Ambiya may unilaterally terminate your account on any event as mentioned in the Terms Of Use. Any credits earned through loyalty or referral program, Ambiya pending refunds if any will be forfeited in such case. Returns/Refund for such Users shall be at the sole discretion of Ambiya. If You use any false e-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company or mislead Ambiya by sharing multiple address and phone numbers or transacting with malafide intentions then Ambiya reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.



PLEASE NOTE :- Your safety is our priority. All standard WHO guidelines and relevant precautionary measures are in place, to ensure a safe and secure shopping experience for you. We are delighted to start the deliveries in all serviceable locations within India, under permissible government directives. For any further assistance you can reach out to us at customercare@ambiyaonline.com