Legal notice

This Terms of Use agreement was last updated on 15-September-2021

PLEASE READ THE TERMS OF USE THOROUGHLY AND CAREFULLY.

M S WORLD Private Limited ("M S WORLD"), primarily operates, controls and manages the Services (as defined below) provided by it from its registered office at No 51-52, 2nd Floor, 1st Main, Ambhavabhani Temple road, Jyothi nagar Vidyranapura Bangalore Karnataka 560097 ("Registered Office")

Acceptance of Terms

The terms and conditions set forth below ("Terms of Use") and the Privacy Policy (as defined below) constitute a legally binding agreement between M S WORLD and you. These Terms of Use contain provisions that define your legal rights and obligations with respect to your use of and participation in (i) the M S WORLD’s mobile application and website, including the various functionalities, Internet links, the products offered by AMY Premium on the platform and M S WORLD’s services available through the platform called AMY Premium (collectively referred to herein as "AMY Premium"), and (ii) the purchases of AMY Premium Products (as defined hereunder) made by the users of AMY Premium (each, an "User") (such services, collectively, the "Services"). The Terms of Use described below incorporate the Privacy Policy and apply to all Users of AMY Premium. AMY Premium is owned and operated by M S WORLD.

You acknowledge that AMY Premium serves as an unique shopping platform which (i) designs and sells ethnic wear specifically for women in India (“AMY Premium Products”), (ii) provides the User with the option to purchase the AMY Premium Products on the AMY Premium platform, and (iii) provides Users the opportunity to participate in different programmes run by AMY Premium from time to time such as AMY Premium Loyalty Programme and, by using, visiting, registering for, and/or otherwise participating in AMY Premium, including the Services presented, promoted, and displayed on AMY Premium, and by clicking on “I have read and agree to the terms of use,” you hereby certify that:

(1) you have the authority to enter into these Terms of Use,

(2) you authorize the transfer of payment for Services requested through the use of AMY Premium, if applicable, and

(3) 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 AMY Premium. If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or participating in AMY Premium immediately.

You specifically agree that by using AMY Premium, you are competent under law to enter into a legally binding and enforceable contract or, in the alternative, your legal guardian has agreed to enter into this contract on your behalf and your usage of AMY Premium is under the supervision of such legal guardian.

All references to “you” or “your,” as applicable, mean the person that accesses, uses, and/or participates in AMY Premium in any manner. If you use AMY Premium or open an Account (as defined below) on behalf of a non-individual entity or group, you represent and warrant that you have the authority to bind that entity or group and your acceptance of the Terms of Use will be deemed an acceptance by that entity or group and “you” and “your” herein shall refer to that entity or group.

Modifications to Terms of Use and/or Privacy Policy

M S WORLD reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and M S WORLD will post the amended Terms of Use on AMY Premium. It is your responsibility to review the Terms of Use for any changes and you are encouraged to check the Terms of Use frequently. Your use of AMY Premium following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access AMY Premium.

M S WORLD has established a Privacy Policy that explains to users how their information is collected and used. The Privacy Policy is referenced above and hereby incorporated into the Terms of Use set forth herein. Your use of AMY Premium is governed by the Privacy Policy.

The Privacy Policy is located at:

https://amypremium.in/privacy-policy

Membership and Accessibility

License to Access

M S WORLD hereby grants you a non-exclusive, revocable license to use AMY Premium as set forth in the Terms of Use; provided, however, that:

(i) you will not copy, distribute, or make derivative works of AMY Premium or AMY Premium Products in any medium without M S WORLD’s prior written consent;

(ii) you will not alter or modify any part of AMY Premium other than as may be reasonably necessary to use AMY Premium for its intended purposes; and

(iii) you will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the AMY Premium.

M S WORLD Private Limited (“M S WORLD”) hereby grants Clothvilla a non-exclusive license to use the brand name “AMY Premium” for promotional and communication purposes, provided that:

(i) Clothvilla will not copy, distribute, or create derivative works of AMY Premium or AMY Premium Products beyond what is necessary for its promotional activities;

(ii) Clothvilla will not alter or modify the AMY Premium brand identity in any manner inconsistent with its intended use; and

(iii) Clothvilla will adhere to the terms and conditions of these Terms of Use and all applicable laws while using the AMY Premium brand.

Membership Eligibility Criteria

Use of AMY Premium is available only to individuals who are:

(i) at least 18 years old and can form legally binding contracts under applicable law, or in the alternative

(ii) under 18 years of age, but their legal guardians have agreed to enter into contract on their behalf and your usage of AMY Premium is under the supervision of such legal guardian.

You represent, acknowledge and agree that you are at least 18 years of age or your legal guardian has entered into contract on your behalf, and that:

(a) all registration information that you submit is truthful and accurate,

(b) you will maintain the accuracy of such information, and

(c) your use of AMY Premium and Services offered through AMY Premium do not violate any applicable law or regulation. Your Account may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations.

You need not register with M S WORLD to make a purchase of the AMY Premium Products. However, you will need to provide certain information such as your name, address, phone number, payment details etc. in order to purchase a AMY Premium Product. Alternatively, for an easy access to the AMY Premium platform and to be a part of the programmes run by AMY Premium from time to time, you will need to create a password-protected account along with an OTP authentication (“Account”). To create an account, you must submit your phone number through the account registration page on AMY Premium and login using OTP authentication. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to M S WORLD in providing you with a more customized experience when using AMY Premium.

You are solely responsible for safeguarding your AMY Premium Account at all times and shall keep your Account secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify M S WORLD immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another’s Account without M S WORLD’s permission. You agree that you will not misrepresent yourself or represent yourself as another user of AMY Premium and/or the Services offered through AMY Premium.

You hereby expressly acknowledge and agree that you yourself and not M S WORLD will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of M S WORLD or others due to such unauthorized use.

You acknowledge and agree that you shall comply with the following policies (the “Account Policies”):

You will not copy or distribute any part of AMY Premium in any medium without M S WORLD’s prior written authorization.

You will not alter or modify any part of AMY Premium other than as may be reasonably necessary to use AMY Premium for its intended purpose.

You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.

You shall not use any automated system, including but not limited to, “robots,” “spiders,” “offline readers,” “scrapers,” etc., to access AMY Premium for any purpose without M S WORLD’s prior written approval.

You shall not in any manual or automated manner collect Users’ information, including names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate AMY Premium information or content.

You shall not transmit more request messages to AMY Premium servers in a given period of time than a human can reasonably produce using a conventional online web browser.

You shall not recruit, solicit, or contact Users for employment or contracting for a business not affiliated with M S WORLD without express written permission.

You shall not take any action that unreasonably encumbers the infrastructure, interferes with proper working, or bypasses access restriction measures.

You agree not to collect personally identifiable data or use communication systems for commercial solicitation purposes.

Additional Policies

Your access to, use of, and participation in AMY Premium is subject to the Terms of Use and all applicable M S WORLD regulations, guidelines, and additional policies, including a copyright policy, shipping policy, and refund policy (the "Additional Policies"). You hereby agree to comply with the Additional Policies at all times. If you fail to adhere to any terms and conditions of this Agreement, M S WORLD in its sole discretion may terminate your Account at any time without prior notice and initiate appropriate legal proceedings if necessary.

Use of AMY Premium Platform

Prohibitions on Submitted Content

The User shall use the Services available on AMY Premium subject to the following. You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content to any part of AMY Premium that:

Misrepresents the source, impersonates another individual or entity, or provides false biographical information;

Invades anyone's privacy by attempting to harvest or publish private or personally identifiable information;

Contains falsehoods or misrepresentations that could damage M S WORLD or any third party;

Is pornographic, harassing, hateful, illegal, obscene, defamatory, libellous, slanderous, threatening, discriminatory, or racially/ethnically offensive;

Infringes upon copyrighted material, trade secrets, or third-party proprietary rights;

Intends to harm, stalk, defame, defraud, or intimidate any individual or group;

Contains viruses or any technologies that may harm M S WORLD or users' interests;

Contains "junk mail", "spam", "chain letters", "pyramid schemes", or unauthorized commercial advertisements.

No Discrimination

Indian laws prohibit any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. M S WORLD will not knowingly accept any Posting which is in violation of the law and holds the right to immediately remove any offending posting.

Services

Purchase of AMY Premium Products

You can browse the product catalogue available on the AMY Premium Platform and select your desired product, color, and size for purchase or add items to your wishlist.

Payment

Payment for purchases can be made through online payment methods and cash on delivery (COD). M S WORLD assumes no liability for losses arising from lack of authorization, exceeding preset bank limits, or transaction declines. All payments must be in Indian Rupees.

Shipping

Shipping is governed by the shipping policy available at https://amypremium.in/shipping-policy.

Return, Exchange & Refund

Governed by the return, exchange and refund policy available at https://amypremium.in/return-policy.

Customer Support

For any query or issue, reach out via WhatsApp, email, or calls.

For any grievance or complaint, you may contact:

Grievance Officer: Mujib, 9035440456 (Reachable by WhatsApp and Call)

Email: info@amypremium.in

The grievance shall be redressed within a period of 30 (thirty) days.

Modifications to or Termination of AMY Premium

M S WORLD reserves the right to modify or discontinue AMY Premium at any time without notice. M S WORLD shall not be liable for any modification, suspension, or discontinuance of services. You may terminate your use by reaching out to customer support. Upon termination, all licenses granted to you will immediately terminate.

Intellectual Property Rights

The content on AMY Premium (exclusive of Submitted Content), including text, software, scripts, graphics, photos, sounds, music, videos, interactive features, Data, and Marks, are owned by or licensed to M S WORLD. All intellectual property rights in AMY Premium Products are solely owned by M S WORLD.

M S WORLD Fees

Browsing and opening an Account is currently free. However, M S WORLD reserves the right to introduce fees for services in the future. AMY Premium Products are chargeable as clearly indicated on the platform. Users are solely responsible for determining their own tax reporting requirements, including GST.

Dispute Resolution

Any dispute arising out of these Terms of Use shall first be attempted to be settled through friendly consultations. If unresolved within 15 days, it shall be referred to arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Bangalore, India, and proceedings conducted in English under the exclusive jurisdiction of the courts of Bangalore, India.

Third-party Links

AMY Premium may provide links to other websites over which M S WORLD has no control. M S WORLD is not responsible for the availability, content, or practices of any third-party websites.

Disclaimer of Warranties

YOUR USE OF AMY PREMIUM SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, M S WORLD DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitations of Liability

IN NO EVENT SHALL M S WORLD BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF AMY PREMIUM OR AMY PREMIUM PRODUCTS. THE TOTAL AGGREGATE LIABILITY OF M S WORLD SHALL NOT EXCEED THE TOTAL AMOUNT OF MONEY ACTUALLY PAID TO M S WORLD BY YOU FOR THE AMY PREMIUM PRODUCT.

Force Majeure

Neither M S WORLD nor you shall be liable for any delay or failure in performance arising out of causes beyond its control, including natural disasters, pandemics, acts of God, or utility failures.

Indemnification and Release

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS M S WORLD FROM AND AGAINST ANY CLAIMS, LOSSES, LIABILITIES, OR EXPENSES ARISING FROM YOUR USE OF AMY PREMIUM, VIOLATION OF THESE TERMS, OR INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.

Notice

Notices to you may be provided by email, regular mail, or postings on AMY Premium. Notice to M S WORLD must be given by written communication to the registered address:

No 51-52, 2nd Floor, 1st Main, Ambhavabhani Temple road, Jyothi nagar Vidyranapura Bangalore Karnataka 560097

General Information

The Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and M S WORLD concerning AMY Premium. Any cause of action must commence within one (1) year after the cause of action accrues, otherwise, it is permanently barred.