TERMS AND CONDITIONS
Welcome to aomi. aomi and its affiliates provide their services to you subject to the terms and conditions that are given hereunder. If you visit us at aomidirect.com, you accept these terms and conditions. In addition, when you use any current or future aomi service (e.g. Your Account/Profile, etc.) or visit or purchase from any business affiliated with aomi, whether or not included in the aomi web site, you will be subject to these guidelines and conditions for such service or business. These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order placed or service provided by aomi. By using the shopping services of aomi you agree to be bound by these terms and conditions. All products/services and information displayed on aomi constitute an “invitation to offer". Your order for purchase constitutes your “offer" which shall be subject to the terms and conditions as listed below. aomi reserves the right to accept or reject your offer.
Please read these Terms and Conditions carefully before using this or any of the other aomi websites. In these Terms & Conditions, aomi is referred to as “aomi", “Company”, “we", “us” or “our" and you, the end user, is referred to as “you", “your" or “user”.
“aomidirect.com"/"aomi"/"website " means the online shopping platform and the services to buy the products listed on the site.
“Vendor"/"seller shall mean the person or any legal entity who offers for sale, sells the products on the aomi platform/website. "Product/Products" means and includes any goods/merchandise/products/services/offers/display items that are uploaded /showcased/displayed on aomi and the related description, information, procedure, processes, warranties, delivery schedule, etc.
We will not be responsible for any damage suffered by users from use of the services on this site. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act/omission of the vendor. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
User agrees and acknowledges that use shall be solely responsible for user’s conduct and that the Company reserves the right to terminate your rights to use the service immediately, notwithstanding penal provisions under the Indian cyber laws or any other allied laws enacted by the government of India or any other statutory, legislative or regulatory authority authorized in this regard from time to time. In no event shall the Company, its affiliates, employees, agents, consultants, contracted companies be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the aomi sites/services for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement.
We therefore neither endorse nor offer any judgment or warranty and accept no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction(s) on these sites.
We shall not be liable for any delay/non-delivery of purchased goods by the vendors, trade organization(s), manufacturers/shop etc. (vendors), due to flood, fire, wars, acts of God or any cause that is beyond the control of aomi.
Reviews and Public Communication
aomi may, but is not required to, monitor, edit, delete or disclose the contents of a user’s email or reviews as required for normal maintenance of any of the aomi websites or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on aomi; (2) protect and defend the rights or property of aomi; (3) protect the personal safety of other aomi website users or the public; or (4) to ensure compliance with our Terms and Conditions.
Without limitation, credit card and other personal information, you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party company or advertiser.
Limitation of Liability
The company, its officers, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensors are not liable to you for any incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business, or loss of data, in any way related to aomi websites or aomi content or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in any aomi websites, including without limitation as a result of breach of any term of this agreement. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In no event will the company’s total liability to you for any and all damages, losses, and causes of action arising out of or related to your use of any aomi website, regardless of the form, cause of action or the alleged basis for any claim, exceed the amount paid by you to aomi, if any, for accessing the aomi websites.
You agree that you will indemnify and hold harmless company and its directors, officers, shareholders, and agents from any and all liability arising in connection with your use of the aomi websites, including but not limited to any information or content that you post on any of the aomi websites.
COPYRIGHT ©: aomi 2017. All rights reserved. Everything you see or read on the aomi websites is copyrighted unless otherwise noted and may not be used except as provided in these Terms & Conditions or with the written permission of aomi.
The trademarks, logos, and service marks (“Marks”) displayed on the aomi websites are registered and unregistered trademarks of aomi, its affiliates and other respective third parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of aomi or such third-party which may own the Marks. All information and content including any software programs.
aomi shall have no liability to you for any interruption or delay in access to the Site irresective of the cause.
When you visit aomi or send e-mails to us or give us your feedback, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
License and Site Access
The website grants you a limited license to access and make personal use of the website and the service provided through the website. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the website and the framing of any content available through the website uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in the Company’s sole discretion) an unreasonable or disproportionately large load on the website’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by the Company to prevent or restrict access to the website. Any unauthorized use by you shall terminate the permission or license granted to you by the website.
Disclaimer of Warranties and Limitation of Liability
aomi has made this service available as a matter of convenience. We expressly disclaim any claim or liability arising out of uploading of any obscene, vulgar or pornographic images, photograph or a picture or altering or distorting the images available under this service in an obscene, vulgar or pornographic manner. We also disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that this site, its servers, or e-mail sent from the website are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
The Service(s) of the Company is provided on an “as is" basis without warranties of any kind, whether express or implied. We do not represent or warrant maintaining the confidentiality of information; although our current practice is to ensure reasonable efforts to maintain such If you believe that your work has been used or is accessible on aomi websites in a way that constitutes copyright infringement, you may notify aomi by providing us the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (2) a description of the copyrighted work that you claim has been infringed, including where the copyrighted work exists or a copy of the copyrighted work; (3) a description of where on the site the material that you claim is infringing is located, reasonably sufficient to permit aomi to locate the material; (4) your address, telephone number, and email address; (5) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Company’s agent for notice of claims of copyright infringement for the aomi websites can be reached by email at firstname.lastname@example.org
aomi recognizes the value of providing accurate and timely content. However: The aomi websites are provided “as is" and without warranties of any kind either express, statutory or implied. Without limiting the foregoing, aomi wants to ensure that you understand that there are no warranties:
That access to the aomi websites will be error-free or uninterrupted.
That the information on the aomi websites will be accurate, complete or reliable.
That the aomi websites will be free of any virus, worm, Trojan horse or other harmful software code or of title or non-infringement.
aomi hereby disclaims any and all implied warranties in connection with the aomi websites, including without limitation of merchantability and fitness for a particular purpose.
Disclaimer as to Third-Party Web Sites
aomi also disclaims any responsibility for the accuracy, content, or availability of information found on websites that link to or from aomi websites. You acknowledge that some advertisers or other companies employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive. aomi is not liable for the accuracy, copyright compliance, legality, or decency of material or content contained in third-party sites and/or advertisements (including pop-up ads) and you hereby irrevocably waive any claim against us with respect to such sites or advertisements. aomi does not ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from aomi websites. aomi does not make any representations or warranties as to the security of any information, including, available on or through aomi (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through aomi for commercial or public purposes.
This site is created and controlled by aomi. The laws of India shall apply and courts in Bangalore shall have jurisdiction in respect of all the terms, conditions and disclaimers. aomi reserves the right to make changes to the website and the terms, conditions and disclaimers at any time and without information to the customers/users of the services/website of aomi.
If there is any dispute about or involving the aomi websites and/or the Service, by using the aomi websites, you agree that the dispute will be governed by the laws of India. You agree to the exclusive jurisdiction of the courts of Bangalore, India.
If you have questions or concerns regarding these Terms & Conditions, please contact our support at email@example.com
Suspension due to Non-Compliance with Agreement
Notwithstanding other legal remedies that may be available to aomi, aomi may in its sole discretion limit user activity by immediately removing user listing either temporarily or indefinitely or suspend or terminate user membership, and/or refuse to provide the user with access to the website if:
The user is in breach any of the terms and conditions of this agreement and/or the terms and conditions of usage of aomi
The user has provided wrong, inaccurate, incomplete or incorrect information;
The user’s actions may cause any harm, damage or loss to the other Users or aomi.
Illegal and/or unauthorized use of the service, including unauthorized framing of or linking to the aomi website, will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.