Terms And Conditions
Aamoni Service Level Agreement
Aamoni OPC Private Limited ("Aamoni") is the author and publisher of www.aamoni.com Aamoni owns and operates the services provided through the Website.
I. NATURE AND APPLICABILITY OF T&C
- A Seller or Vendor or Dealer or Manufacturer or Packer or Importer or Distributor (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such Sellers or institutions (hereinafter referred as "Seller(s)", "Vendor "you" or "User"); or
- A Customer/EndUser, his/her representatives or affiliates, searching for Seller or Vendor or Dealer or advisor or Vendor through the Website (hereinafter referred as "End-User", "you" or "User"); or
- Otherwise a user of the Website (hereinafter referred as "you" or "User").
II. APPLICABILITY OF SERVICES
- This Agreement applies to those Seller made available by Aamoni on the Website, which needs to be subscribed (hereinafter referred as "Products"), including the following:
- For Seller or Vendor or Dealer or Manufacturer: Listing of Sellers/ Vendor and their profiles and contact details, to be made available to the other Users and visitors to the Website;
- For other Users: Facility to (i) create and maintain 'Accounts', (ii) search for Sellers by name, specialty, and geographical area, or any other criteria that may be developed and made available by Aamoni, and (iii) to make appointments with Seller/ Vendor.
- The seller & its products may change from time to time, at the sole discretion of Aamoni, and the Agreement will apply to your visit to and your use of the Website to buy the products, as well as to get all the information provided by you on the Website at any given point in time.
- This Agreement defines the T&C and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at +919599046450
- Aamoni reserves the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
- You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
- Your access to use of the Website and the Services will be solely at the discretion of Aamoni.
III.APPLICABILITY OF LAWS
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
- The Indian Contract Act, 1872,
- The (Indian) Information Technology Act, 2000, and
- the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information-SPI) Rules, 2011 and the (Indian) Information Technology (Intermediaries Guidelines-IG) Rules, 2011
IV.CONDITIONS OF USE/AGE BOUNDATIONYou must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Aamoni that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
V.LISTING CONTENT AND DISSEMINATING INFORMATION
- Aamoni collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Sellers listed on the Website, such as their products, Information, Price, location, and similar details. Aamoni takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Aamoni screens and vets the information and photos submitted by the Sellers, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
- The Services provided by Aamoni or any of its Dealer or Sellers are provided on an "as is" and "as available' basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade)
- Aamoni does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Aamoni does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Aamoni disclaims all liability arising out of the User's use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Aamoni or any User in relation to any User or services provided by such User.
- The Website may be linked to the website of third parties, affiliates and business partners. Aamoni has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Aamoni endorses the linked site. User may use the links and these services at User's own risk.
- Aamoni assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User's equipment on account of User's access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User's sole remedy is to discontinue using the Website.
If Aamoni determines that you have not provided fraudulent, inaccurate, or incomplete information, including through feedback, Aamoni reserves the right to immediately suspend your access to the Website or any of your accounts with Aamoni and makes such declaration on the website alongside your name/your products name as determined by Aamoni for the protection of its business and in the interests of Users. You shall be liable to indemnify Aamoni for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Aamoni or its Users.
VI. OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
- The contents listed on the Website are (i) User generated content, or (ii) belong to Aamoni. The information that is collected by Aamoni directly or indirectly from the End- Users and the Sellers shall belong to Aamoni. Copying of the copyrighted content published by Aamoni on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Aamoni reserves its rights under applicable law accordingly.
- Aamoni authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website are the property of Aamoni and are protected under copyright, trademark and other laws. User shall not modify the Aamoni Content or reproduce, display, publicly perform, distribute, or otherwise use the Aamoni Content in any way for any public or commercial purpose or for personal gain.
- User shall not access the Services/products for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
VII. REVIEWS AND FEEDBACK
- You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews ("Critical Content") relating to Sellers or other healthcare professionals. The role of Aamoni in publishing Critical Content is restricted to that of an 'intermediary' under the Information Technology Act, 2000. Aamoni disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an 'intermediary' under the said Act. Aamoni shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
- Your publication of reviews and feedback on the Website is governed by these T&C. Without prejudice to the detailed T&C , you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Aamoni, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with these T&C. You agree that Aamoni may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
- Obtaining feedback in relation to Website or Aamoni's services; and/or
- Obtaining feedback in relation to any Sellers listed on the Website; and/or
- Resolving any complaints, information, or queries by Sellers regarding your Critical Content;
and you agree to provide your fullest co-operation further to such communication by Aamoni. Aamoni's Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these T&C.
VIII. T&C OF USE SELLERSThe T&C of this section are applicable only to Sellers.
- Aamoni, directly and indirectly, collects information regarding the Seller's profiles, contact details, and practice. Aamoni reserves the right to take down any Seller's profile as well as the right to display the profile of the Sellers, with or without notice to the concerned Seller. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Aamoni immediately to enable Aamoni to make the necessary amendments.
- Aamoni shall not be liable and responsible for the ranking of the Sellers on external websites and search engines
- Aamoni reserves the right to moderate the suggestions made by the Sellers through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, Aamoni shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Sellers are added to the Website.
- Sellers explicitly agree that Aamoni reserves the right to publish the Content provided by Sellers to a third party including content platforms.
- You as a Seller hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Aamoni accepts no liability for the same.
IX.FEES INCURRED BY SELLERJoining Aamoni, opening an Account, posting products and viewing posted products needs to be subscribe by paying monthly fee of INR1000/- (Rupees One Thousand only ) per month. Aamoni reserves the right at its sole discretion to charge fees to seller for other products that Aamoni may facilitates in the future. Besides the monthly subscriptions fee, on every Booking the Aamoni will take up to 30 % (i.e Thirty percent) as a commission and the percentage of commission will be decided as per the Scheduled-I . The seller is entitled to 100 % refund of commission if the End user or customer cancels the booking in the given time frame or before delivery of the Products. If bad products or poor customer service or inappropriate behavior with customers results in cancelation of products then there will be a default penalty which may vary upto 15% or may be at the discretion of the company. The decision of Aamoni pertaining to the above shall be final and binding. The seller has to follow below condition & terms which may be change without any notification to the sellers-:
- The most important aspect of trade between buyers and sellers in marketplace and one of the key aspects of trust is fair pricing. For healthy transaction flow at Aamoni we ask you to price your items responsibly.
We are constantly monitoring prices for each merchant at various channels and do not allow you to price your items at higher prices at Aamoni vs. other channels such as your own retail store, your own Website (if any) or any other 3rd party retail stores or Websites. You should price your items sold at Aamoni to be same as the lowest rate you are selling at elsewhere or even lower but it should not be more. Violation of our pricing policy will result into warning notices and can also result into account suspension and/or store suspension.
- Please note the trust you build with your buyers will go away if you artificially start showing higher price, so that the selling price appears to be much better deal vs. what it actually is. Artificially increasing price is strictly prohibited at Aamoni and any violation will result into account suspension and we hold no responsibility as per Consumer Protection Act.
- Sellers will bear all courier & logistic charges & its respective responsibilities. All packing must be done as per the general rules & market practice. The return policy must be kept & inform to the customers. Aamoni can intermediate the communication between buyer and sellers. However, sellers/merchants should not be engaged in communication with the buyers.
Violations of policy may result in a range of actions which may result as suspension of accounts & the company may initiate any legal action.
- The seller may not list or sell any product or service which is not in compliance with all the applicable laws and regulations whether in India or outside the country.
X. TAXESYou understand that we are acting solely as an intermediary for the collection of price and fees between a End User and a Seller who choose to enter into an Agreement for products. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to either hosts or guests. Further, you understand that Aamoni shall not be responsible or liable in any manner in relation to tax liability of a EndUser or a Sellers/Service Provider
XI.PROFILE OWNERSHIP AND EDITING RIGHTS
- Aamoni ensures easy access to the Sellers by providing a tool to update your profile information. Aamoni reserves the right of ownership of all the Seller's profile and photographs and to moderate the changes or updates requested by Sellers. However, Aamoni takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Aamoni's services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Aamoni may modify or delete parts of your profile information at its sole discretion with or without notice to you.
XII. REVIEWS AND FEEDBACK DISPLAY RIGHTS OF AAMONI
- All Critical Content is content created by the Users of www.Aamoni.com ("Website") and the clients of Aamoni customers and Sellers, including the End-Users. As a platform, Aamoni does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an 'intermediary' under the Information Technology Act, 2000. Aamoni's Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these T&C.
- Aamoni reserves the right to collect feedback and Critical Content for all the Sellers, Vendor listed on the Website.
- Aamoni shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
- You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Aamoni shall not be liable for any effect on Seller's business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Aamoni however, as an 'intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in above paragraphs of these T&C.
- Aamoni will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the T&C of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.
If Aamoni determines that you have provided inaccurate information or enabled fraudulent feedback, Aamoni reserves the right to immediately suspend any of your accounts with Aamoni and makes such declaration on the website alongside your name/your clinics name as determined by Aamoni for the protection of its business and in the interests of Users.
XIII. AAMONI ADS RIGHTS
- Aamoni reserves the rights to display sponsored ads on the Website. These ads would be marked as "Sponsored Listings". Without prejudice to the status of other content, Aamoni will not be liable for the accuracy of information or the claims made in the Sponsored Listings. Aamoni does not encourage the Users to visit the Sponsored Listings page or to avail any services from them. Aamoni will not be liable for the services of the providers of the Sponsored Listings.
- You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Aamoni accepts no liability for the same.
XIV. RIGHTS AND OBLIGATIONS RELATING TO CONTENTAs mandated by Regulation 3(2) of the IG Rules, Aamoni hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which the User does not have any right to;
- 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 whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.
XV.TERMINATION OF SELLER RIGHTSAamoni reserves the right to suspend or terminate a Seller access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,
- Such User breaches any T&C and conditions of the Agreement;
- A third party reports violation of any of its right as a result of your use of the Services;
- Aamoni is unable to verify or authenticate any information provide to Aamoni by a User;
- Aamoni has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
- Aamoni believes in its sole discretion that User's actions may cause legal liability for such User, other Users or for Aamoni or are contrary to the interests of the Website.
- Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User's record keeping process and practices.
XVI. LIMITATION OF LIABILITYIn no event, including but not limited to negligence, shall Aamoni, or any of its directors, officers, employees, agents or content or service providers (collectively, the "Protected Entities") be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User's provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
- Provision of or failure to provide all or any service by Sellers to End- Users contacted or managed through the Website;
- Any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
- Any unauthorized access to or alteration of your transmissions or data; or
- Any other matter relating to the Website or the Service.
XVII. RETENTION AND REMOVALAamoni may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.
XVIII. APPLICABLE LAW AND DISPUTE SETTLEMENTYou agree that this Agreement and any contractual obligation between Aamoni and User will be governed by the laws of India.
Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Aamoni. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be New Delhi. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
Subject to the above para, the courts at New Delhi shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
XIX.CONTACT INFORMATION GRIEVANCE OFFICERIf a User has any questions concerning Aamoni, the Website, this Agreement, the Services, or anything related to any of the foregoing, Aamoni customer support can be reached at the following email address: info@Aamoni.com or via the contact information available from the following hyperlink: http://www.aamoni.com/contact
As Per the compliance of Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at: email@example.com or call us at +919599046450
XX.Fraud as defined by Aamoni:The following actions may be considered fraudulent:
- Attempts by a Seller/Vendor to boost his/her/its own property's reputation by:
- Writing feedback for his/her own practice
- Asking friends or relatives to write positive feedback
- Submitting feedback on behalf of a Customer/End User
- Copying comment cards and submitting them as feedback
- Pressuring Aamoni to remove a negative feedback
- Offering incentives such as discounts, upgrades, or any special treatment in exchange for feedback
- Hiring an optimization company, third party marketing organization, or anyone to submit false feedback
- Attempts by a Seller to damage his/her competitors by submitting negative feedback.
- OR Any attempt to mislead, influence or impersonate a Customer/EndUser is considered fraudulent and will be subject to penalty as per the law of this land.
YOU HAVE READ THESE T&C OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE .