Terms of Use

Terms of Use

Terms and Conditions for Transacting at and/or Dealing with Online Shopping Website www.amsty.in

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access and/ or transacting and/ or usage of www.amsty.in and sets out the terms and conditions governing it and the disclaimer "(Terms & Conditions)".

www.amsty.in(“Website”)is owned and operated by Amsty Technology, a company having its Registered Office at Plot No 51, “SANGAM” Aaditya Park, Near SBI, Shanti  Niketan Nagar, Dharwad – 580008, Karnataka, India, hereinafter referred to as "Company" [which expression shall, unless it be repugnant to the context or meaning thereof, include its successor or successors and assigns].

All kinds of correspondence should be addressed to the support office address as given above.

Use of this Website is regulated by the Terms & Conditions provided herein. Your visit, dealing, transacting and/or otherwise using this Website shall be treated as you have read, understood and unconditionally accept these Terms & Conditions. These Terms & Conditions shall be treated as a legally binding and enforceable agreement between the Company and you. If you do not agree with any and/or all of these Terms & Conditions, then you should stop dealing with and/or cease to initiate and do any transaction on this Website.

The information, products and services including but not limited to communications tools, forums, shopping services, search services, offered on this Website or through other mediums, whether now known or hereafter developed, is solely for the Users information and subject to the Users acceptance without modification of the terms, conditions and notices contained herein and should not be considered as a substitute for professional advice. Users use of the Website/mobile app and/ or services is subject to the additional disclaimers and caveats that may appear throughout the Website. The Company, its affiliate companies, associate companies, subsidiaries, consultants, contractors, advisors, accountants, agents, partners and/ or suppliers assume no responsibility for any consequence relating directly and/or indirectly to any action and/or inaction that the User take based on the information, services, Products (as defined hereinafter) and other materials offered on this Website. While the Company strives to keep the information relating to the various Products offered on this Website/mobile app accurate, complete and up-to-date, the Company, its subsidiaries, affiliates, associate companies, accountants, advisors, agents, consultants, contractors, partners and suppliers cannot guarantee, and will not be responsible for any damage and/or loss related to, the accuracy, completeness or timelines of the information.

The Company may change, suspend and/or discontinue the Product(s) at any time, including the availability of any feature, database and content on the Website/mobile app. The Company may also impose limits on certain features and services and/or restrict Users access to parts and/or all of the services without notice and/or liability to the Users

In this Agreement (as defined hereinafter), 'Company' and 'User' have been collectively referred to as "Parties" and individually as "Party". ‘Website & Mobile application’ have been collectively referred as “Platform”.

1. DEFINITIONS

The words and phrases used in these terms are defined as under unless repugnant to the context or meaning thereof:

"Agreement" shall mean agreement between the Company and User with terms and conditions as provided herein and includes the Privacy Policy, Disclaimer and all the schedules, appendices and references mentioned herein with all such amendments as effected by the Company from time to time.

"Company" shall mean Amsty Technology.

"Force Majeure Event" shall have the meaning ascribed to it in Clause XVII.

"Product(s)" shall mean any good and/or service offered for sale on the Platform for consideration.

"Terms & Conditions" shall have the meaning as ascribed hereinabove.

"User" / "Users" shall mean any person/persons and/or legal entity (i.e.) who visits, uses, deals with and/or transact at www.amsty.in, in any way.

"Platform" shall mean the website www.amsty.in and its mobile application, owned and operated by the Company for facilitating online transactions.

1. ELIGIBILITY

Any person who is above eighteen (18) years of age, transacting in Indian Rupees and competent to enter into valid contract under the Indian contract Act, 1872 shall be eligible to visit, use, deal and/or transact at the Platform. If user is not competent to inter into valid contract then user is prohibited to visit, use, deal and/or transact at the Platform. Your visit, dealing and/or transaction at the platform shall be treated as your representation that you are competent to enter into valid legal contracts under the Indian contract Act, 1872.

User agrees to be financially responsible for all of user’s use of the services and access of the Platform (as well as for use of users account by others, including without limitation minors living with user). User warrants that all information supplied by user in using the services and accessing the platform, including without limitation users name, email address, street address, telephone number, mobile number, credit / debit card and/ or any other payment instrument number and other payment details (incl. bank account details) is correct and accurate. Failure to provide accurate information may subject the user to civil and criminal penalties. This agreement is void where prohibited by law, and the right to access the platform is revoked in such jurisdictions.

1. Acceptance of Terms

PLEASE READ THE TERMS OF USE THOROUGHLY AND CAREFULLY. The terms and conditions set forth below ("Terms of Use") and the Privacy Policy (as defined below) constitute a legally-binding agreement between the Company operating from its Dharwad Corporate Office and you. These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in (i) the amsty.in website and mobile application, including the classified advertisements, forums, various email functions, sms functions and Internet links, and all content and Company services available through the domain and sub-domains of Company  located at www.amsty.in (collectively referred to herein as the "Website"), and (ii) the online transactions between those users of the Platform who are selling products (each, a "Vendors") and those users of the Platform who are obtaining services (each, a "User") through the Platform (such services, collectively, the "Services"). The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Platform, including users who are also contributors of video content, information, private and public messages, advertisements, and other materials or Services on the Platform.

The Platform is owned and operated by Amsty Technology.

You acknowledge that the platform serves as a venue for the online distribution and publication of user submitted information between vendors and users, and, by using, visiting, registering for, and/or otherwise participating in this platform, including the Services presented, promoted, and displayed on the Platform, and by clicking on "By signing up you agree to our terms and conditions " you hereby certify that: (1) you are either a Vendor or a prospective User, (2) you have the authority to enter into these terms of use, (3) you authorize the transfer of payment for Services requested through the use of the platform, and (4) you agree to be bound by all terms and conditions of these terms of use and any other documents incorporated by reference herein. If you do not so agree to the foregoing, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the platform. If you do not agree to any of the provisions set forth in the terms of use, kindly discontinue viewing or participating on this platform immediately.

All references to "you" or "your," as applicable, mean the person that accesses, uses, and/or participates in the platform in any manner. If you use the platform or open an Account (as defined below) on behalf of a business, you represent and warrant that you have the authority to bind that business and your acceptance of the terms of use will be deemed an acceptance by that business and "you" and "your" herein shall refer to that business.

III. AMENDMENT OF TERMS

The company is entitled, at its sole discretion or as may be required by law, to amend these terms & conditions anytime without any prior intimation to anybody. User shall be responsible for reviewing and becoming familiar with any such modifications/amendments from time to time and shall be bound to this agreement as amended by the company from time to time. Use of the services by user following such notification constitutes users acceptance of the terms and conditions of the agreement as modified

1. PLATFORM CONTENT

The platform and its contents shall only be used in accordance with the terms of the agreement. All products/materials displayed and/or performed on the platform are protected by patents, copyright, trademark, trade secrets and other intellectual property rights owned by the company (as applicable), its subsidiaries, affiliates, associate companies, accountants, advisors, agents, consultants, contractors, partners, and/ or suppliers. User shall abide by all copyright notices, intellectual property rights, information, and restrictions contained in any content accessed through the services.

The platform is protected by copyright as a collective work and/or compilation, pursuant to Indian copyrights laws, international conventions, and other worldwide copyright laws.

The company undertakes to review all claims of copyright infringement received and remove the content deemed to have been posted or distributed in violation of any applicable laws.

The company requests that, according to standard practice, if a user uses any information available on the platform for any research that results in an article and/ or other publication, the user lists the company as a resource in users bibliography and the user shall take prior permission and (i) give proper credit and ensure that the company’s copyright notice appears on all copies (ii) no documents or graphics, including logos, available from the platform and/ or products are modified in any way.

User acknowledges that the company may or may not pre-screen content, but that the company and/ or its designees reserves the right (but not the obligation) to pre-screen, refuse or remove any content and/ or products from the platform at any time, for any reason (including, but not limited to, upon receipt of claims or allegations or complaints from third parties and/ or authorities relating to such content) and/ or for no reason at all.

The company neither warrants nor represents that use of products by user will not infringe the rights of third parties not owned by or affiliated with the company. Use for any other purpose is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

The company’s logos, product and service marks and/ or names are trademarks which are owned by the company (the "Marks"). Without the prior written permission of the company, or its appropriate affiliates, user agrees not to display and/or use in any manner, the marks. Nothing contained in this platform should be construed as granting, by implication, estoppels, or otherwise, any license or right in and/ or to the marks without the express written permission of the Company or such third party. All other trademarks are the property of their respective owners.

User’s misuse of the products, material and/or marks on the platform and in its contents, except as provided in this Agreement, is strictly prohibited. User is advised that the Company will aggressively enforce its intellectual property rights in the platform and/ or services and its contents to the fullest extent of the law, including by seeking appropriate remedies including criminal sanctions solely at users risk as to costs and consequences.

You acknowledge that all content included on this platform, including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, templates, maps, designs, icons, written and other material and compilations (collectively, "Site Content") are intellectual property and copyrighted works of Amsty, its licensees, and/or various third-party providers ("Providers"). Reproductions or storage of site content in all forms, media and technologies now existing or hereafter developed, is subject to the Indian copyrights act. No site content may be modified, copied, distributed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Amsty’s prior written permission.

1. REGISTRATION DATA

User shall be entitled to use the platform for any online shopping transaction after getting him/her registered on the platform after furnishing all relevant information relating to user as sought on the platform. User shall be solely responsible for the confidentiality of its user Id and Password.

User shall be solely responsible for the accuracy and correctness of all such details/information given by user during registration. The company shall be entitled to cross verify those details, if it deems fit. If the company has reason to doubt the correctness of any details/information furnished by user or in case any information furnished by user is found incorrect, false or misleading then the company shall be entitled to cancel or suspend the registration of user permanently or for such period as the company deems fit.

User shall not (a) select or use name, user id, mobile number and/or mail id, of another person with the intent to impersonate that person or (b) use a user id a name subject to any rights of a person other than user without appropriate authorization. The company reserves the right to refuse registration of, or cancel user id in its discretion.

In order to ensure that the company is not violating any rights user might have in his/her Information, user hereby agrees to grant the company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) user has in his/her Information, in any media now or in future known, with respect to users Information solely to enable the company to use the information user supplies to the company. The company will only use users Information in accordance with the agreement.

User agrees and understands that the company shall not be responsible in any manner whatsoever for:

Delivery of product(s) at wrong address furnished by user.

Any loss and/or damage to user due to incorrect, incomplete and/or false information furnished by user or

Any deficiency in payment of consideration payable towards the products purchased on the platform.

The user shall further be liable to be prosecuted and/or punished under applicable laws for furnishing false, incorrect, incomplete and/or misleading information to the Company.

1. Rules for Users
2. Users Shall Not Take Any of the Following Actions:

(a) commit to purchasing or using a product without making payments; (b) sign up for, negotiate a price for, use, or otherwise order a product with no intention of following through with your use of or payment for the product; (c) agree to purchase a product when you do not meet the vendor's terms as outlined in the posting, or agree to purchase a product with the intention of disrupting a posting; or (d) misuse any options made available now or in the future by the company in connection with the use or purchase of any product or service.

1. Sanctions for Violating Any of the Rules for Users

If a User violates any of the above-referenced rules in connection with his or her posting, the Company, in its sole discretion, may take any of the following actions: (a) cancel the posting; (b) limit the user’s account privileges; (c) suspend the user’s account.

VII. Representations and Warranties

User represents and warrants that user is the owner and/or authorised to share the information user gives on the platform. User confirms that the information is correct, complete, accurate, not misleading, does not violate any statutory enactment, notification, order, circular, policy, rules and regulations, is not injurious to any person and/or property.

User undertakes to indemnify and keep indemnified the company and/or its shareholders, directors, employees, officers, affiliates, partners, associate/ subsidiary companies/entities, advisors, accountants, agents, consultants, contractors, partners and/ or suppliers for all claims resulting from detail/information user posts and/or supplies to the company. The company shall be entitled to remove any such detail / information posted by user without any prior intimation to user.

User understands that the company does not have any control on accuracy of information / detail submitted by anybody on the platform and therefore agrees that the company shall not be responsible for any loss, damage, cost, expenses etc. due to inaccuracy of any detail / information submitted by user or anybody else on the platform.

User agrees and undertakes that she/ he shall be solely responsible for his/her Information and confirms that information submitted by user:

Is correct, complete, relevant and accurate.

Is not fraudulent.

Does not stalk or otherwise harass another user

Does not and shall not infringe any third party’s intellectual property, trade secret and/or other proprietary rights and/or rights of publicity and/or privacy.

Shall not be defamatory, libellous, unlawfully threatening and/or unlawfully harassing.

Shall not be indecent, obscene and/or contain pornography and/or contain any thing which is prohibited under any prevailing laws, rules & regulations, order of any court, forum, and statutory authority.

Shall not be seditious, offensive, abusive, and liable to incite racial, ethnic and/or religious hatred, discriminatory, menacing, tortuous, scandalous, inflammatory, and blasphemous, in breach of confidence, in breach of privacy and/or which may cause annoyance and/or inconvenience.

Shall not constitute and/or encourage conduct that would be considered a criminal offence, give rise to civil liability, and/or otherwise be contrary to the law.

Shall not be or include material that is technically harmful (including, without limitation, computer/ mobile viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data or any other code or files) or other computer programming routines that may damage, detrimentally destroy, limit, interrupt, interfere with, diminish value of, surreptitiously intercept or expropriate the functionality of any system, data or personal information.

Shall not create liability for the company or cause the company to lose (in whole or in part) the services of the company’s ISPs or other suppliers.

Is not in the nature of political campaigning, unsolicited or unauthorized advertising, promotional and/ or commercial solicitation, chain letters, pyramid schemes, mass mailings and/or any form of spam or solicitation.

Is not illegal in any other way.

Further, the User agrees and understands that the Company reserves the right to remove and/or edit such detail / information.

User confirms that he/she shall abide by all notices and all the terms and conditions (updated from time to time) contained and mentioned herein.

User undertakes and confirms that user shall not use the company’s platform, services and/or materials therein for any purpose that is unlawful and/or prohibited by the terms of the agreement and/or under any applicable laws, rulings, notifications, and orders of any court or statutory authority. User shall not use the platform; product or services and/or materials therein in any manner which could damage, disable, overburden and/or impair the platform and/or any product or services therein and/or the network(s) connected to the platform and interfere with other users use and enjoyment of the platform and/or product or services therein.

User shall not attempt to gain unauthorized access to any product or service on the platform, other users account(s), computer systems and/or networks connected to the platform through hacking, phishing, password mining and/or any other means (whether now known or hereafter developed or invented). User shall not attempt to obtain any materials or information through any means not intentionally made available to user through the platform.

User agrees and understands that she/ he is responsible for all of his/ her activity in connection with the product or services and accessing the platform. User shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the platform and/ or product or services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of user’s right to access the platform.

User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user. As a condition of use of this platform, user warrants to the company that user will not use this platform for any purpose that is unlawful or prohibited by these terms & conditions, notices and/ or by the applicable law. Also, user must not harass, intimidate or impersonate other users or use any information obtained from the service in order to do so.

Certain elements of the platform will contain material submitted by other users. The company disclaims its responsibility for the content, accuracy, conformity to applicable laws of such material. Part of the platform contains advertising/other material submitted to the company by third parties. Responsibility for ensuring that material submitted for inclusion on the platform complies with applicable laws is exclusively on the advertisers and the company will not be responsible for any claim, error, omission and/or inaccuracy in advertising material. The company reserves the right to omit, suspend and/or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the platform will be subject to the company’s terms and conditions which are available on request and user fee may applicable as fixed (Fee).

1. No Warranty for Freebies

Free gifts given with any of the product purchased from the platform will not be exchanged and/or covered under any kind of warranty.

XII. PAYMENT TERMS

User shall be entitled to use his/her valid credit/debit and/or any other payment cards, online banking facility to make payment against any transaction being effected at the platform. User shall be bound to use his/her own credit/debit and/or any other payment cards, online banking accounts to make any payment. User undertakes and confirms that he/she would furnish correct, complete and accurate detail of credit/debit and/or any other payment cards, online banking accounts and shall be solely responsible for any cost, expense, loss and/or damage which may suffer to user due to furnishing of wrong detail/ information relating to his/her credit card/ debit card and/ or any other payment cards or online banking accounts.

The user shall be solely liable and responsible for the payments under this option and the company shall not be liable in any case for the incidental actions arising from the delayed or non-payment under this option. The user is advised to read the detailed terms and conditions before availing this payment option. User expressly agrees and declares that the company shall not be liable for the loss of any nature whatsoever including without limitation indirect, consequential, special and/ or incidental to the user arising, directly or indirectly, out of decline of authorization for any transaction, resulting from the user exceeding his/ her pre-set permissible payment limit under the credit / debit and/ or any other payment cards and/ or online banking accounts.

The company confirms that the detail provided by user in this regard shall be kept confidential and shall not be disclosed to any third party except to the extent required under the rules of any stock exchange and/or by applicable laws, regulations and/or processes of any government authority and/or in connection with any judicial process regarding any legal action, suit and/or proceeding arising out of and/or relating to this agreement.

Further, the company actively reports and prosecutes actual and suspected credit/ debit/ cash card fraud. The company may require further authorization from user such as a telephone confirmation of users order and/or other information. The company’s decision to require further authorization is at the company’s sole discretion. The company reserves the right to cancel, delay, refuse to deliver, or recall from the carrier any order if fraud is suspected.

Online payments on the platform are carried out/processed by PCIDSS compliant third party payment gateway service providers. The company shall not be responsible or liable for any misuse of the details collected by third party service providers like shipping, sms, payment gateway as the company has no control over them.

The company captures certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any order is suspected to be fraudulent, all records will be submitted with or without a subpoena to all law enforcement agencies and to the credit/ debit/ cash card company for fraud investigation. The company will cooperate with authorities to prosecute offenders to the full extent of the law.

The company shall take all reasonable precautions to protect the information provided by the user. However, it is expressly provided and accepted by the user that the company shall not be responsible in any manner whatsoever for any third party action which results in the information provided by the user being exposed and/or misused by such third party who accessed such information without any authorization from the company.

User hereby consents and agrees to comply with guidelines, instructions, requests, etc., as maybe made by us or third party banks or financial institutions, as the case may be or a payment gateway provider from time to time, in relation to the payment facility provided on the Platform.

User hereby acknowledges and agrees that the company shall not be liable for failure of any transaction undertaken on platform for any reason whatsoever including but not limited to non-performance or omission or commission on the part of the company, deficiency of service and/or products delivered, technical errors on the platform. User further acknowledges that we shall not be responsible, in any manner whatsoever, for any loss incurred by the user for a failed / incomplete transaction undertaken by the user on the platform.

User acknowledges that the payment facility provided on the platform is being provided on a ‘as is’ and ‘as available’ basis and may be interrupted while browsing, transacting, using or uploading information on the platform. User further agrees that the company reserves the right to suspend the payment facility provided on the platform, forthwith without assigning any reason whatsoever, at its sole discretion.

User agrees and confirms that the payment facility made available on the platform is being provided on a best efforts basis with all efforts to keep it valid and subsisting. The company shall not in any manner be liable to the user for failure or delay in providing these payment facilities.

 EMI & Credit Card No Cost EMI

The following terms and conditions apply to EMI & No Cost Equated Monthly Instalment ("EMI") transactions made using an eligible debit card/credit card issued by any bank and using EMI or No Cost EMI facility as a payment option on Amsty.in.

• Amsty Technology ("Amsty") facilitates Equated Monthly Instalments ("EMI/No Cost EMI") payment method on all purchases worth Rs. 1,541 and above made on https://www.amsty.in or the mobile application/ mobile site thereof (collectively, "Amsty ") using eligible cards.
• The EMI/No Cost EMI facility is not available on Amsty gift cards.
• The EMI/No Cost EMI facility is being offered by the respective banks to the customer and AMSTY has no role to play in the approval, extension, pricing, modification, pre-closure, closure or any matter incidental thereto pertaining to offering of the EMI/No Cost EMI facility, which is decided at the sole discretion of the bank/card issuer.
• The EMI/ No Cost EMI facility being offered by the banks to the customers is governed by the respective terms and conditions of each bank/issuer and the customer is advised to approach the bank/card issuer in case of any complaint, dispute or enquiry about an EMI transaction. 
• The banks issuing the credit cards reserve the right to charge Goods and Services Tax (GST) or other applicable taxes on the purchase transactions undertaken on EMI/No Cost EMI which will be over and above the product price. 
• AMSTY reserves the right to stop facilitating this service on https://www.amsty.in without any prior notice. 
• AMSTY on a best effort basis displays representative EMI related information (EMI/ No Cost EMI amount, Interest rate charged, Total amount payable) for the customer's purchase on Amsty as per the information shared with it by the respective banks on an "AS IS" basis. Banks/card issuers are the authoritative source of this information and customers are advised to directly contact their bank/card issuer for any further clarifications in this regard. For more information, we request you to review the terms and conditions of the respective banks offering such EMI/ No Cost EMI
• AMSTY does not charge the customer any processing or convenience fee for the purpose of facilitating the EMI/ No Cost EMI facility for its customers. 
• In the case of customer cancellations or return of items purchased on EMI/ No Cost EMI, AMSTY will facilitate the refunds for and as per the return/refund policy. The customer is advised to check with the respective bank/card issuer offering the EMI how the cancellations or refund will affect the EMI/ No Cost EMI terms and of any pre-closure or interest charges levied on the customer.                          
• AMSTY shall not be held liable for any dispute arising out of or in connection with such EMI facility being offered by the respective banks/card issuer including but not limited to the authenticity and/or accuracy of any EMI/ No Cost EMI information supplied by the banks to AMSTY for displaying on Amsty.
• EMI/ No Cost EMI are not applicable for International customers.           
• Cancellation of individual items in an offer will cancel all other items this offer is applied on.
• Returns/replacement is allowed as per the Returns/Replacement Policy.
• Replacement is allowed in case of damaged or defective items.
• In the event the customer returns any/all products in the order placed during the Offer Period, thereby not maintaining the minimum purchase value, as required to avail the Offer, he/she shall not be eligible for the Offer. Accordingly, the amount availed as a discount under the Offer shall stand deducted from any refund(s) processed for the returned product(s).
• Select your preferred EMI/ No Cost EMI option at the time of payment.
• Final EMI is calculated on the total value of your order at the time of payment.
• The Bank charges annual interest rates according to the reducing monthly balance. In the monthly reducing cycle, the principal is reduced with every EMI and the interest is calculated on the outstanding balance.
• The minimum order value to avail the No Cost EMI payment option is Rs 1,541.
• The interest charged by the bank shall not be refunded in the event of return/refund.
• You may check with the respective bank/issuer of the card on how a cancellation, refund or pre-closure could affect the EMI terms, and what interest charges would be levied on you for the same.
• For select banks, the interest amount on the first EMI/ No Cost EMI will be calculated from the loan booking date till the payment due date.
• Processing fee if any will be charged by your card issuing Bank. Please check the Terms & conditions of availing EMI/ No Cost EMI with your Bank.
• The No Cost EMI/EMI facility is being offered to the customers who make a purchase transaction on https://www.amsty.in  or the mobile application/ mobile site thereof (collectively, "amsty") using an eligible credit card issued by any bank using EMI/ No Cost EMI facility, if available on amsty.                  
• The No Cost EMI/EMI facility is funded by amsty. and is made available on select products, as determined from time to time by Amsty. 
• The No Cost EMI/EMI payment option can be availed using the credit card of any bank on Amsty and is not available on purchases made using net banking or pay on delivery payment methods or UPI payments or Wallets etc.. 
• Using the No Cost EMI/EMI payment option, the customers who undertake the purchase transactions on Amsty, will only pay amounts such that the total of these amounts during the EMI tenure is equal to the list price of the products as displayed on Amsty (at the time of making the purchase transactions). Amsty will provide amounts equivalent to the interest imposed by the banks to undertake the purchase transactions on No Cost EMI/EMI. 
• Customers can add more than one item to their cart and if all the products are eligible for No Cost EMI/EMI, such customer will receive No Cost EMI payment option on all items. No Cost EMI/EMI discount will be calculated only on the eligible items in the cart. 
• The EMI/No Cost EMI facility is made available to the customers by and in the sole discretion of the banks issuing the credit cards. Amsty will not be liable for any claims on account of availability or non-availability of EMI/EMI facility. 
• Amsty reserves the right to stop No Cost EMI/EMI payment option at any time without prior notice and without any liability.
• Customers may avail the No Cost EMI/EMI facility, provided that-                                      
  1. The order is not cancelled by the customer or Amsty or 
  2. The product is not returned / exchanged by the customer.  

• Below is the list of banks minimum transaction value for availing No Cost EMI facility. This may be changed/altered as per the information shared with us by the respective banks on an "AS IS" basis.

• STANDARD CHARTED BANK         2549.72
• AMERICAN EXPRESS                     5117.19
• BANK OF BARODA                          2567
• HDFC                                                3080.4
• KOTAK MAHINDRA                           2567
• RBL                                                   1532.65
• ICICI                                                    1540.2
• YES                                                     5075.12
• CITI BANK                                           2567
• AXIS BSNK                                           3080.4
• FDRL                                                   2567
• HSBC                                                  2050.24
• IDFB                                                    2567 
• INDUSIND                                           2053.6

XIII. PLACING A PAY-ON-DELIVERY (POD) ORDER/COD

The company reserves the right to decide whether any product and/or services listed on its platform is eligible for POD/COD in its sole discretion.

Users will be required to make payment by cash or card to our courier partner, only at the time of delivery of their order.

XVII. FORCE MAJEURE

The company shall not be liable for any failure and/or delay on its part in performing any of its obligation under this agreement and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by the user by reason there of if such failure and/or delay shall be result of or arising out of Force Majeure Event set out herein.

Explanation:" Force Majeure Event" means any event due to any cause beyond the reasonable control of the company, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake ,explosion, acts of god, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government, governmental orders or restrictions breakdown and/or hacking of the Website and/or contents provided for availing the products and/or services on the platform, such that it is impossible to perform the obligations under the agreement, or any other cause or circumstances beyond the control of the company hereto which prevents timely fulfilment of obligation of the company hereunder.

XVIII. MISCELLANEOUS

1. Amsty Technology IS NOT A PARTY TO ANY SERVICE CONTRACT

Each registered user hereby acknowledges and agrees that the company is NOT a party to any oral or written agreement for service, negotiation worksheet, or any contract entered into between registered users in connection with any service offered, directly or indirectly, through the platform. Each registered user acknowledges, agrees and understands that the company only seeks to provide a platform wherein the user and vendors can be brought together and the company itself has no role in the execution or provision of services.

1. NO AGENCY OR PARTNERSHIP

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use or your use of any part of the platform, including without limitation, the negotiation worksheet or agreement for service. You do not have any authority whatsoever to bind the company in any respect. All vendors are independent contractors. Neither company nor any users of the platform may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.

1. DISPUTES BETWEEN REGISTERED BUYERS AND VENDORS

Subject to the provisions regarding disputes between platform participants in connection with reviews, your interactions with individuals and/or organizations found on or through the platform, including payment of and performance of any service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, Vendors and Users.

You understand that deciding whether to purchase the products of vendors or use information contained in any submitted content, including, without limitation, postings, offers, wants and/or reviews, is your personal decision for which you are alone responsible. You understand that the company does not warrant and cannot make representations as to the suitability of any individual you may decide to interact with on or through the platform and/or the accuracy or suitability of any advice, information, or recommendations made by any individual. While the company may attempt to seek information about the background of vendors, either via a telephonic or in-person interview, review of past work/customer feedback and/or check presence online (if available) on Facebook, personalised website, LinkedIn, Twitter etc., you understand that vendors may register themselves suo moto. You also understand that any so called background check undertaken by the company is not exhaustive to the extent to determine previous criminal antecedents and hence, at the end of the day, the user should take an informed decision on his/her own accord and keep in mind the fact that the company only seeks to provide a platform wherein users and vendors have an opportunity to meet each other and you hereby agree that the company is not liable for any such legal complexities or issues arising between the user and vendors.

NOTWITHSTANDING THE FOREGOING, you agree that since the company only seeks to provide a platform wherein the user and the vendors can be brought together and the company itself has no role in the execution or provision of services itself, the company shall not be responsible or liable for any loss or damage of any sort whatsoever incurred as the result of any such transaction or dealings. If there is a dispute between participants on the platform, or between registered users or any platform user and any third party, you acknowledge and agree that the company is under no obligation to become involved. in the event that a dispute arises between you and one or more platform users, registered users or any third party, you hereby release the company, its officers, managers, members, directors, employees, attorneys, agents, and successors in rights from any claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, foreseeable or unforeseeable, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the platform or any service provided thereunder.

1. DISPUTE RESOLUTION

If a dispute arises between you and the company our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and the company hereby agree that we will resolve any claim or controversy at law and equity that arises out of the Terms of Use or the platform in accordance with this Section D or as we and you otherwise agree in writing. Before resorting to the filing of a formal lawsuit, we strongly encourage you to first contact us directly to seek a resolution via e-mail at grievance@amsty.in  The dispute shall be resolved through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

1. GOVERNING LAW

The Terms of Use shall be governed in all respects by the laws of India and any legal proceeding arising out of this agreement will occur exclusively in the courts located in Dharwad/Karnataka, India.

1. THIRD-PARTY LINKS AND CONTACT FORMS

The platform may provide, or third parties may provide, links, contact forms to other websites or resources, including, without limitation, social networking and payment gateway websites. Certain areas of the platform may allow you to interact and/or conduct transactions with such third-party sites, and, if applicable, allow you to configure your privacy settings in your third-party site account to permit your activities on the platform to be shared with your contacts in your third-party site account. Because the company has no control over such sites and resources, you acknowledge and agree that the company is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, goods or services on or available from such websites or resources. Unless expressly stated on the platform, links to third-party sites should in no way be considered as or interpreted to be company’s endorsement of such third-party sites or any product or service offered through them. You further acknowledge and agree that the company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or through any such third-party website or resource. The third-party website may have different privacy policies and terms and conditions and business practices than the company. In certain situations, you may be transferred to a third-party website through a link or connected to a third-party resource by a contact form but it may appear that you are still on this website or transacting with the company. In these situations, you acknowledge and agree that the third-party website terms and conditions and privacy policy apply in this situation. Your dealings and communications through the platform with any party other than the company are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party.

XIX. WARRANTY DISCLAIMER

User acknowledges that the company has no control over, and no duty to take any action regarding which user gain access to the third party website and/ or services what products, content user accesses and/ or uploads, posts, emails, transmits and/ or otherwise contribute via the website and/ or services what effects the products, content may have on user and/ or any third party how user may interpret and/or use the products and/or what actions user may take as a result of having been exposed to the products and/or content. User releases the company from all liability for user having acquired or not acquired products, content through the website and/ or services. The website and/ or services may contain, or direct user to sites and/ or services containing, information that some people may find offensive and/or inappropriate. The company makes no representations concerning any content contained in or accessed through these websites and/ or services, and the company will not be responsible or liable for the accuracy, copyright compliance, legality or decency, or durability of the products, material contained in, or accessed or purchased through these websites and/ or services. The services, products, materials, information, content, platform and/ or any software are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement except as provided in the Warranty terms of the said products given by respective manufacturer/vendor of the said products. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to User.

Although the company has taken adequate safeguard, the company makes no guaranty of confidentiality and/or privacy of any communication or information transmitted on the platform and/ or for the services and/or any web-site linked to the platform. Users use this platform and/ or services at his/ her own risk in accordance with our privacy policy.

Changes are periodically made and added to platform and to the information herein. The company, its subsidiaries, affiliates, associate companies, consultants, partners and/or its respective suppliers may make improvements and/or changes to this platform at any time.

The platform and/or services contain views, opinions and recommendations of users of the platform and/or services, advertisers, third party information providers and organizations. The platform does not warrant, represent and/or endorse the correctness, authenticity, accuracy, completeness, reliability and/or validity of any opinion and/or other information displayed, uploaded, distributed, posted, emailed, transmitted and/ or otherwise contributed through the platform and/ or services by anybody other than the company.

1. LIMITATIONS OF LIABILITY
2. In no event shall the company, or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, attorneys or agents, be liable to you for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from any (i) access to or use of the platform or any services offered by any vendors via the platform, including services provided pursuant to an agreement formed independently of the platform, whether or not an agreement for products displayed via the platform is in effect; (ii) errors, mistakes, or inaccuracies of data, marks, content, information, materials or substance of the platform or submitted content; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the platform by any third party; (v) any interruption or cessation of transmission to or from the platform;  (vi) any failed negotiations for a product, any disputes that arise during or after the negotiation of a product or the formation of a contract for a service, or any other dispute that arises between users of the platform; (vii) any defamatory, offensive, or illegal conduct of any third party or product user or vendor; or (viii) any use of any data, marks, content, information, materials or substance of the platform or submitted content posted, emailed, transmitted, or otherwise made available on or through the platform, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
3. In no event shall the total, aggregate liability of the company or any of the above-referenced respective parties, arising from or relating to the platform, and/or submitted content exceed the total amount of fees actually paid to the company by you hereunder.

You hereby acknowledge and agree that the company shall not be liable for submitted content or the defamatory, offensive, or illegal conduct of any third party or user or vendors and that the risk of harm or damage from the foregoing rests entirely with you. you further acknowledge and agree that the company shall not be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from or relating to any contract between platform users entered into independently of the platform.

The platform may contain links to third-party websites that are not owned or controlled by the company. The company does not have any control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. in addition, the company will not and cannot censor or edit the content of any third-party site. by using the platform, you expressly relieve the company from any and all liability arising from your use of any third-party website. Accordingly, please be advised to read the terms and conditions and privacy policy of each third-party website that you visit, including those directed by the links contained on the platform.

xxi. Indemnification and release

you agree to defend, indemnify and hold harmless the company, and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, vendors, suppliers, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from your use of, access to, and participation in the platform; your violation of any provision of the terms of use, including the privacy policy; your violation of any third-party right, including without limitation any copyright, property, proprietary, intellectual property, or privacy right; or any claim that your submitted content caused damage to a third party. this defence and indemnification obligation will survive these terms of service for your use of the platform.

if you have a dispute with one or more platform users, you forever release the company (and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, suppliers, agents, subsidiaries, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use of the platform and/or any submitted content.

the terms of use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the company without restriction.

XII. NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.

XXIII. NOTICE

1. All demands or legal notices to or upon the company shall be made in writing and sent to the company personally, by courier, certified mail, or facsimile to the following entity and address: Amsty Technology Private Limited, Plot No 51, “SANGAM” Aaditya Park, Near SBI, Shanti Niketan Nagar, Dharwad – 580008, Karnataka, India. The notices shall be effective when they are received by the company in any of the above-mentioned manner.
2. You agree that the company may provide you with notices, including those regarding changes to the Terms of Use, by email, personally, regular mail, or postings on the platform.

XXIV. GENERAL INFORMATION

1. ENTIRE TERMS OF USE

The Terms of Use, together with the privacy policy and any other legal notices or additional policies published by the company on the platform, shall constitute the entire agreement between you and the company concerning the platform. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the company's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

1. STATUTE OF LIMITATIONS

You agree that any cause of action arising out of or related to the platform must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

1. MISCELLANEOUS CLAUSE(S):

The relationship between users and the company is one of independent contractors, and nothing contained in these terms will be construed to (a) give either party the power to direct and control the day-to-day activities of the other, (b) constitute the parties as partners, joint ventures, co-owners or otherwise as participants in a joint or common undertaking, or (c) allow you to create or assume any obligation on behalf of the company for any purpose whatsoever.

1. SECTION HEADINGS

The section headings in the Terms of Use are for convenience only and have no legal or contractual effect.

For any queries or Grievances related to this Terms of Use, customer can contact Amsty Technology on:

Grievance Officer:

Mr. Suresh Hanchinal

Amsty Technology

Plot No 51, “SANGAM” Aaditya Park,

Near SBI, Shanti Niketan Nagar,

Dharwad – 580008, Karnataka, India.

Email ID: grievance@amsty.in