1. INTRODUCTION
This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder. It is published in accordance with the provision of Rule 3 of the Information Technology (Intermediary guidelines) Rule, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the marketplace e- commerce website namely https://amala.earth and mobile application, Amala Earth ( hereinafter collectively referred to as ‘Platform’). Further, this electronic record is generated by a computer system and does not require any physical or digital signatures. The platform is owned, operated and managed by Amala Earth Private Limited, a company duly incorporated under the provisions of the Companies Act, 2013 and having its registered office at Building No.-E-2, Qutub Institutional Area, Shaheed Jeet Singh Marg, Katwariya Sarai, New Delhi, Delhi - 110016 (hereinafter collectively referred to as the (“Company”, “Us”, “We”, “Amala Earth”). By accessing, visiting or using the Platform, you acknowledge that you have read, understood, and agree to be lawfully bound by the contents of these terms & conditions (“Terms of Use”). Except as otherwise specified, these terms and conditions do not apply to third-party products or services, which shall be governed by their own terms of service.
2. TERMS
2.1 In using/accessing the Platform, you are deemed to have accepted the terms and conditions (“Terms of Use”) and we reserve the right, in our sole discretion, to make changes or modifications to these terms and conditions from time to time. These Terms constitute a legally binding contract between you (hereinafter referred to as “You” or “Your” or the “User”) on one part and Amala Earth on the other part;
2.2 A User shall mean and include any natural and legal person who accesses, browses, or in any way transacts, or avails any services on the Platform. Further, by impliedly or expressly accepting these Terms, You also accept and agree to be bound by our guidelines, rules, privacy policy, and/or other applicable policies (if so applicable), as may be updated and made available to You from time to time;
2.3 If You do not agree with all the Terms, then You are expressly prohibited from using the Platform and You must discontinue use immediately; and
2.4 We do not permit children i.e. persons below the age of 18 years to use our Platform without their parent or guardian’s consent or supervision.
2.5 All donations at the time of placing the order are non-refundable. The donation shall be disbursed to Give Foundation. The customer’s details shall be shared with Give Foundation for the purposes of issuing tax exemption receipts under the Income-Tax Act in accordance with applicable law to eligible donors, other social and charitable activities, compliance with applicable law, and defending/initiating legal, contractual or equitable claims when the need arises. To obtain the tax receipts, individuals are advised to contact Give Foundation directly at info@give.do
3. USER REPRESENTATIONS
3.1 The User hereby understands and acknowledges that he/she has attained at least 18 (eighteen) years of age and is competent to contract under the applicable law(s) and thereby can register on the Platform. As mentioned above, We do not permit children i.e. persons below the age of 18 years to use our Platform without their parent or guardian’s consent or supervision;
3.2 The User shall ensure that the registration related information provided by him/her on the Platform is accurate, complete and true. Further, if We suspect that the information provided by the User at any time is untrue, inaccurate, or not in accordance with these Terms, the Company shall have the right to suspend, terminate or block his/her access to the Platform;
3.3 The User shall remain solely responsible for maintaining the confidentiality of his/her registration information and will be liable for all activities and transactions conducted through the User’s account, if provided. The Company shall not be liable for any third party claim with respect to any loss that the User may incur as a result of someone else using the User’s password or Account, either with or without User’s knowledge; &
3.4 The User can only use the Platform for his/her own legitimate, legal use, and neither will the User attempt to decipher, decompile, disassemble, hack or reverse engineer any part of the Platform, nor assist someone else in doing so.
4. PERSONAL DATA
4.1 We will be processing the personal data and sensitive personal data that is provided by You to, or collected by or for, or processed in connection with our Platform in accordance with our PRIVACY POLICY. Please take a moment to familiarize yourself with our Privacy Policy and let Us know if You have any questions. If You do not agree with the following Privacy Policy related Terms, please do not access the Platform. If You continue to use the Platform including the App, or any Amala Earth’s products or services including its website, We understand that You are aware of this Privacy Policy and its contents, and have provided Your informed consent on such basis. You accordingly agree and consent to Us collecting, storing, processing, transferring, and sharing Your personal information (including sensitive personal information) with third parties or service providers for the purposes set out in the Privacy Policy. In case you have registered with Amala Earth and you want to close your account, kindly email us at help@amalaearth.com and we will de-register you from our marketplace.
5. REPRESENTATION AND WARRANTIES
5.1 The Platform is provided on an as-is and as-available basis. You understand and agree that Your use of the platform-based services is at Your own risk. We disclaim all warranties, express or implied, in connection with the Platform and Your use of it, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. We make no warranties or representations about the accuracy or completeness of the Platform’s content or the contents linked to this Platform and We will assume no liability or responsibility for any:
i. Personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Platform or the third-party sellers’ products provided therein;
ii. Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
iii. Any interruption or cessation of transmission to or from the Platform, and
iv. Any error(s) or omission(s) in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Platform.
v. We have established an adequate grievance redressal mechanism and have appointed a grievance officer for consumer grievance redressal, who shall acknowledge the receipt of any customer complaint within 48 (forty-eight) hours and will redress the complaint within 1 (one) month from the date of receipt of the complaint.
5.2 As a marketplace e-commerce entity, We do not impose any cancellation charges on consumers cancelling after confirming purchase unless similar charges are also borne by Us or our sellers, if they cancel the purchase order unilaterally for any reason.
5.3 As a marketplace e-commerce entity, We shall only record the consent of a customer for the purchase of any goods or services offered on our Platform, where such consent is expressed through an explicit and affirmative action.
5.4 We shall effect all payments towards accepted refund requests of the consumers as prescribed by the Reserve Bank of India or any other competent authority under any law or the time being in force, within a reasonable period of time, or as prescribed under applicable laws.
5.5 As an e-commerce entity, We do not:
i. manipulate the price of the goods or services offered on our Platform in such a manner as to gain unreasonable profit by imposing on users any unjustified price having regard to the prevailing market conditions, the essential nature of the goods or services, any extraordinary circumstances under which the goods or services are offered, and any other relevant consideration in determining whether the price charged is justified; and
ii. discriminate between the users of the same class or make any arbitrary classification of Users affecting their rights.
6. USER RESTRICTIONS
6.1 As a User of the Platform, You agree not to
i. upload, modify, publish, transmit, update or share any information that :-
a. belongs to other person and to which the user does not have any right to;
b. 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 whatsoever; c. harm minors in any way;
d. infringes any patent, trademark, copyright or other proprietary rights;
e. violates any law for the time being in force;
f. deceives or misleads the addressee about the origin of such messages or communications any information which is grossly offensive or menacing in nature;
g. impersonate other person;
h. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
i. 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
ii. retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Us;
iii. collect usernames and/or email addresses of users through electronic or other means for the purpose of sending unsolicited email, or build User accounts under false pretense, etc;
iv. use the Platform to advertise or offer to sell goods or services, unless so authorized by Us;
v. engage in unauthorized framing of or linking to the Platform;
vi. mislead or defraud Us and other users, especially in any attempt to learn sensitive information such as User passwords;
vii. make improper use of our support services or submit false reports of abuse or misconduct viii. interfere with, disrupt, or create an undue burden on the Platform, or the networks or services connected to the Platform;
ix. attempt to impersonate another User or person or use the username of another User;
x. attempt to obtain unauthorized access to the Platform;
xi. breach any applicable laws for the time being in force; xii. sell or otherwise transfer Your account;
xiii. use the Platform as part of any effort to compete with Us or otherwise use the Platform and/or the content for any revenue-generating endeavour or commercial enterprise;
xiv. harass, annoy, intimidate, or threaten any of our employees or agents; or xv. use the Platform or any part of the Platform for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity that violates the rights, including but not limited to intellectual property rights of Amala Earth or others.
7. WEBSITE FEEDBACK & USER CONTECT
7.1 On the Platform, We will provide place(s) for You to leave reviews or ratings. When posting a review, You must comply with the following criteria:
i. You should have a first-hand experience with the product You are reviewing;
ii. Your review should not contain offensive profanity, abusive, racist, or hate language;
iii. Your review should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
iv. Your review should not contain references to illegal activity;
v. You should not be affiliated with the competitors if posting negative reviews;
vi. You should not post any false or misleading statements;
vii. You may not organize a campaign (whether financial or not) encouraging others to post reviews, whether positive or negative.
8.INTELLECTUAL PROPERTY RIGHTS
8.1 Unless otherwise stated, We shall own all right, title and interest, including all related intellectual property rights like source code, databases, software, applications, audio, text, images, graphics, trademarks, service marks, etc.
8.2 The Terms do not constitute a sale and do not convey to the User any rights of ownership in or related to the Platform or the goods or services, or any intellectual property rights owned by the Company. The User shall be solely responsible for any violations of any laws and for any infringement of any intellectual property rights.
9.TERM AND TERMINATION
9.1 These Terms are effective unless and until terminated by either You or Us. It shall remain in full force and effect while You use the Platform. Without limiting any other provision of these Terms, We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Platform (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty contained in these Terms or any applicable law or regulation. We may terminate Your use or participation in the Platform or delete any content or information that You may have posted at any time and in our sole discretion. In addition to terminating or suspending Your account, We reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal and injunctive action(s).
10. ADVERTISEMENTS
10.1 We may facilitate and allow third party advertisers to display their advertisements and other information on our Platform (“Third Party Advertisers”). Any issues or concerns faced by the User with respect to the advertisements will need to be taken up by the User directly with the relevant Third Party Advertiser. We will have no liability with respect to the acts, omissions, errors, representations, warranties or negligence on any part of any Third Party Advertisers. We disclaim any and all liability arising out of Third Party Advertisers’ advertisements on the Platform. Do note that We simply provide the space to place such advertisements, and We have no other relationship with the Third Party Advertisers.
11. PAYMENT
We accept the following forms of payment: Visa, Mastercard, Net banking, Cash on delivery, Rupay For all transactions made via the Platform, You agree to provide present, full, and correct payment and account details. You will agree to keep Your account and payment records up to date, including Your email address and payment card expiration date, if applicable.
12. CASH ON DELIVERY
Cash on Delivery (COD) charge will be applied to all the orders which can be viewed at the time of checkout. COD is not available for orders exceeding the net amount of INR. 25,000. Any order above INR 25,000 will have to be prepaid.
13. CANCELLATION POLICY
The User can cancel the order at any time before the delivery of the products, within 24 hours of placing the order and the refund shall be initiated as per the Refund Policy as stated in the succeeding clause. The User shall make sure that he/she does not accept the order, in case a delivery attempt was made for a cancelled order.
14. RETURN, REPLACEMENT & REFUND POLICY
14.1 Returns Policy: The User can return the products within seven days from the delivery of the products. The return will be processed within 10 business days of receipt of request. Return requests: The User shall raise a return request within the above-mentioned period and shall send Us the picture of the packaging and the product (unless such product is missing) at help@amalaearth.com. We will arrange a reverse pickup for the Product and will process the refund as per the Refund Policy. The products qualify for returns only if:
1. the product(s) delivered does not match the User’s order; or
2. the size of the product is different; or
3. the product(s) have already expired; or
4. the product(s) delivered were damaged. User shall ensure that the product to be returned remains unused. The tags and the packaging of the product are also to be kept intact and un tampered by the User. The products that do not qualify for return are: ii. products that have been altered or used; or iii. products whose serial number or bar code has been tampered with; or iv. if the batch number of the product does not match as mentioned in the invoice; or v. products of home décor or any larger items (any item which is larger than 1 meter in any one dimension, or weighs more than 10 Kilograms).
14.2 Replacements Policy Replacements
will only be allowed in case the products are fashion-related. In case of such fashion related product(s), if the User wishes to replace the product(s) with respect to the colour, quality, size, etc., then the product(s) can be replaced. However, replacements are subject to availability of the particular product and are at the sole discretion of the Company. If the product is not replaced, then it shall be refunded. Note: We shall process the refund only once We have received the confirmation from the vendor concerned in respect of the contents of the product relating to that refund.
14.3 Refund Policy Refunds
shall be processed in the mode and manner prescribed below:
i. the request of the refund shall be validated by the customer care of the Company;
ii. the refund shall only be processed only after a confirmation is received from the third party seller concerned in respect to the condition/packaging of the product;
iii. the refund shall be initiated within 10 business days from the date of reverse pickup;
iv. in case of failed attempt at delivery, the product(s) shall be returned to our warehouses and We shall cancel the order and refund the money as per our refund policy.
v. in case the order is cancelled before the delivery (for prepaid orders), the refund shall be initiated within 7 working days.
vi. Earth Seeds are non-refundable in the event of order cancellation or return once utilised in any order.
15. SHIPPING POLICY
We currently deliver across India to all metros and major non-metro cities. We endeavor to ensure that there are no delays in shipments, however due to unforeseen circumstances, the dispatch of your order can be delayed. GENERAL SHIPPING TIMELINES • The seller generally packs the product ordered within 2 business days. In case the product is mode to order, the timelines for getting the product ready are mentioned on the product page • Our logistics partners are notified once the vendor has your product ready for dispatch. They pick up the product from the seller and dispatch it to customer location. The general timelines for delivery post pickup is 3-4 days. • Our operations are live across all business days (except Sundays and National Holidays) For any product related issues during delivery, you can contact us on help@amalaearth.com and we shall revert to you within 24 hrs.
16. INDEMNITY
16.1 The User agrees to indemnify, defend and hold harmless the Company and its affiliates, officers, directors, employees, consultants, representatives, shareholders, vendors, users, etc. (“Indemnified Parties”) against any/all losses, liabilities, claims, damages, demands, costs, expenses, attorney’s fees or other losses arising out of or in connection with any claim, suit action, or other proceeding brought against the Indemnified Parties.
17. LIABILITY
17.1 It is expressly made clear to You that Amala Earth does not manufacture any of the products that are listed on this Platform.
17.2 User understands, agrees and acknowledges that Amala Earth is an intermediary and online e-commerce marketplace. The ‘contract for sale’ of the products, if any, shall be a bipartite contract between User and sellers enlisted on the Platform.
17.3 Any claim that the User may have with respect to the quality, appearance, nature, consumption, usage or any other attribute(s) of the products shall be pursued by the User directly with the seller and Amala Earth shall not be made a party to any such claim. User hereby waives any claim and releases Amala Earth from and against any and all liabilities, losses, claims, damages that may arise out of or in connection with the disclaimer as mentioned in the succeeding clause.
18. SALE IN INDIA ONLY
18.1 Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. We make no representation that materials in the Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and Amala Earth is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
19. APPLICABLE LAW
19.1 These Terms and any disputes arising hereunder shall be governed in accordance with the laws of India. If any dispute arises between the parties in connection with these Terms, then the courts of New Delhi, India, shall have exclusive jurisdiction.
20. CONTACT ADDRESS
For any issues regarding the products and Amala Earth, you can contact us on the below mentioned address and contact details
Business Address: 60, COMMUNITY CENTER, BASANT LOK, VASANT VIHAR, NEW DELHI, South West Delhi, Delhi, 110057
Contact Number: +91 8800839511
21. GRIEVANCE OFFICER
In accordance with the Information Technology Act 200 and rules made there under and the Consumer Protection (E-Commerce) Rules,2020, the name and contact details of the Grievance Officer are provided below:
Ms Shilpa Sharma; AM-Operations
Customer Support: For addressing any of your queries or complaints, you can reach out to our customer support team at 8800839511
22. Sale & Coupon Usage
22.1 Code is applicable on selected products
22.2 Multiple coupon/discount codes cannot be used in a single transaction
22.3 The following codes are applicable:
a. APP500 – Buy for ₹2999 & get flat ₹200 off*
b. APP700 - Buy for ₹4999 & get flat ₹700 off*
c. APP1000 - Buy for ₹6999 & get flat ₹1000 off*
d. APP1800 - Buy for ₹9999 & get flat ₹1800 off*
Please note incase of Free Gift Offers - The free gift will be dispatched after all items are delivered and if no items are returned within 7 days. In case, you're returning the ordered items, the refund amount will be adjusted against the free gift value.
*Please note that these discounts are applicable on app only.
Disclaimer: Beware of fraudsters posing as employees of Amala Earth. We do not ring customers or direct them to purchase links, so please don't trust any messages offering gifts, or emails with suspicious links or attachments. Amala Earth NEVER asks you to transfer money to their personal bank account/UPI. Rest assured, there's no data breach in our systems so your details always remain safe.
