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Terms & Condition

T&C

TERMS AND CONDITIONS

This document is an electronic record in terms of Information Technology Act, 2000 and rules made thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. 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 Terms of Use for access or usage of <www.nikshoo.com >

The domain name <www.nikshoo.com> (hereinafter referred to as "Website" or “NIKSHOO” or “Platform”) is owned and managed by M/s Greenshoots Retail Private Limited, a company having CIN: U72900MP2020PTC054286  incorporated under the laws of India having its registered address at 20 Dhenu Market, Indore GST: 23AAICG7535R1ZZ, Pan No.: AAICG7535R.

This document – the Terms & Conditions – (or "T&C", “Agreement” or “Terms of Use for access or usage”) is an agreement between You and M/s Greenshoots Retail Private Ltd. (hereinafter referred to as “Us” or “We”). It contains conditions you agree to follow when using/accessing our website or web applications, including when you submit requisition or seek details/information and when you view or input content on or into the Website. By accessing the Website, the users of the Website (“You”) signify that you have read and agree to these terms and conditions, including that you have read and give unconditional consent to the Privacy Policy which can be found at Privacy Policy which is incorporated herein as a part of the covenant, and that you undertake to be governed by the laws of India. Your use of the Website and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Us and these terms and conditions including the policies constitute Your binding obligations, with/towards NIKSHOO.

1.      APPLICABILITY OF TERMS

1.1. The Terms and Conditions Agreement applies to you if you: View, Access or use the Website, and/or seek/provide information/data at the Website or buy/sell products and services through the Website.

1.2. For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who accesses the Website whether for the purpose of viewing the information or to become a buyer on the Website using the computer systems. The term "We", "Us", "Our" shall mean NIKSHOO.

1.3. When You buy/sell products or use/provide any of the services provided through the Website (including but not limited to product reviews, price reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such sale or service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates/changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

1.4. ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by NIKSHOO Policies (“Policies”) including but not limited to Privacy Policy available on <……………………..> as amended from time to time.

1.5. It is clarified that, NIKSHOO may also allow the User to surf the Website or make purchases without registering on the Website, but in those situations also these terms and privacy policy will apply in the same manner.

 

2.      DISCLAIMER

2.1.Use of the Website is offered to You, subject to acceptance of all the terms, conditions and notices contained in these Terms including applicable policies which are incorporated herein by reference, along with any amendments / modifications made by NIKSHOO at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a service(s).

2.2.   Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use/access the Website or buy any product through the website. If you are a minor i.e. under the age of 18 years, you shall not become a User/buyer at the Website and shall not transact on or use the Website. As a minor if you wish to use or transact on the Website, such use or transaction may be made by your legal guardian or parents on the Website. NIKSHOO reserves the right to terminate your use/access/transaction with the Website if it is brought to NIKSHOO's notice or if it is discovered that you are under the age of 18 years.

 

2.3.   Access or usage of Website is free for buyers. NIKSHOO does not charge any fee for browsing the Website.  NIKSHOO reserves the right to change its Fee Policy from time to time. NIKSHOO reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to NIKSHOO.

 

2.4.   We May Update This Agreement: Your use of the Website and the Services is subject to the most current version of the Terms made available on the Website, at the time of such use. You are requested to regularly visit the Website to view the most current Terms. It shall be your responsibility to check the Terms periodically for changes incorporated therein. NIKSHOO may require You to provide Your consent to the updated Terms in a specified manner prior to any further use of the Website and the Services, provided on the Website. If no such separate consent is sought, Your continued use of the Website, following changes to the Terms, will constitute your express acceptance to those changes.

 

2.5.   By using this Website or any facility or service provided by this Website or transacting through the Website in any way, and by registering at the Website by creating an account; You agree that you have read, understood and agreed to be bound by, including without limitation, these Terms, the Website’s Privacy Policy and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use.

 

2.6.  The Website is only a venue where users may meet and interact with one another for their transactions. Platform is not and cannot be a party to or control in any manner any transaction between two users of the Website. Platform neither recommends You to buy or sell any goods or services on the Website nor endorses any such goods or services nor provides any guarantee, warranty or assurance with respect to any goods or services made available on the Website. Further, Platform does not guarantee, warranty or provide any assurance on the behaviour of any user of the Website including any guarantee, warranty or assurance that any user (whether buyer or seller) will complete any transaction or act in a prudent manner. Save as otherwise provided in the clause titled "Limitation of Liability", Your sole and exclusive remedy and Platform's sole and exclusive responsibility and liability is to provide You necessary information (subject to the Privacy Policy and applicable laws) for You to deal with other users of the Website (including the sellers listed on the Website) with respect to any dispute.

 

2.7.  Pursuant to the applicable laws, the Platform may have to engage or enable certain support services to facilitate the transactions between users of the Websites and such independent services may include listing management, warehousing services, logistics services, making available courier services, and payment facilitation through nodal bank(s) under applicable laws. You understand, agree and acknowledge that the Platform will engage independent third party service providers to perform these services. You further understand, agree and acknowledge that the Platform will not be held liable or responsible towards You or towards any person claiming under or through You for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or under public policy) of these third parties unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of the Platform and in such an event the total aggregate liability of the Platform shall be limited to the extent provided in the clause titled "Limitation of Liability".

2.8.  The term “Products of NIKSHOO” in this terms, wherever they appear, means the products being posted by third party independent vendors at the website. Nikshoo is not the seller or vendor for any of the products being posted on the website, the website is merely an Electronic platform facilitating sale of products amongst independent sellers and buyers.

 

3.      ABOUT US

3.1.   The Website is a platform that facilitates sale of products from sellers to buyers. The purchase of products and services shall be governed by these terms. The NIKSHOO is engaged in provides the services of listing catalogues, pricing, shipping, repair etc. which is informational and it is up to You to follow it or not, NIKSHOO has no control over (a) the existence, quality, safety or legality of items displayed, (b) the accuracy of third party content or listings including that of registered Sellers; (c) the ability of sellers to sell items; (d) the ability of buyers to pay for items. Firm does not, at any point of time during any transaction between buyer and seller, take the ownership of any of the goods offered by the seller. Nor does Firm, at any point, assert any rights or claims over the goods offered by the seller to the buyer. For B2B buyers the website functions as merely an E-catalogue or electronic representation of the products offered for sale by NIKSHOO. For B2C buyers the Website is an online platform that facilitates the E-commerce sale of products of NIKSHOO. 

3.2.   The NIKSHOO does not give any representation or warranty as to quality, quantity, nature, appearance of the Goods whose sale is made through the platform NIKSHOO. NIKSHOO is not responsible for the Goods which have become out of stock, back ordered or otherwise unavailable, but were shown as available on the Website at the time of placement of order by You.

3.3.   The Website is only a venue where users may meet and interact with one another for their transactions. Platform is not and cannot be a party to or control in any manner any transaction between two users (seller and buyer) of the Website. Platform neither recommends You to buy or sell any goods or services on the Website nor endorses any such goods or services nor provides any guarantee, warranty or assurance with respect to any goods or services made available on the Website. Further, Platform does not guarantee, warranty or provide any assurance on the behaviour of any user of the Website including any guarantee, warranty or assurance that any user (whether buyer or seller) will complete any transaction or act in a prudent manner. Save as otherwise provided in the clause titled "Limitation of Liability", Your sole and exclusive remedy and Platform's sole and exclusive responsibility and liability is to provide You necessary information (subject to the Privacy Policy and applicable laws) for You to deal with other users of the Website (including the sellers listed on the Website) with respect to any dispute.

 

3.4.   Invitation to offer for saleThe listings available on the Website, of products for sale, are merely an ‘invitation to an offer for sale’ and not an ‘offer for sale’. The submitting of a requisition (in case of B2B) will constitute a further invitation to offer by You, and placing an order (in case of B2C) by You shall constitute an offer by You to transact with as at the rates & description of products shown on the website. Your offer to Us may be accepted by Us depending upon the availability of the product at the same description and rate as depicted on the website.

3.5.   Transfer of Property and Completion of SaleUpon receipt of your offer by way of placing an order at the Website, the same may be accepted by Us depending upon the availability of the product at the same description and rate as depicted on the website, and the same along with the delivery details will be then communicated to You. The sale will be then completed according to these terms.

3.6.   The product delivery services will be undertaken by the seller independently and NIKSHOO will act only as a facilitator. The terms specific to such delivery are as under:

a)      The User agrees to authorise the seller to provide an individual (including but not limited to “Delivery Agent”) who shall get the products requested by the User from the seller’s premises or delivery hub, on the Users behalf.

b)      User accepts and acknowledges that the Delivery Agent shall be responsible to collect the Product ordered by User from the Seller’s Premises and to carry it to the address notified by User, with no control over the Product displayed, exhibited, offered for sale or sold by the seller. The aforementioned services are being undertaken by Delivery Agent with Users’ consent and therefore the seller & NIKSHOO is merely facilitating for the User and Delivery Agent to connect. In no event shall the NIKSHOO be responsible and liable (vicariously or otherwise) for the act of the Delivery Partner including acts of omissions or commissions while carrying out its obligation.

 

4.      ELIGIBILITY OF USE

4.1.   Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including without limitation minors, un-discharged insolvents etc. are not eligible to use the Website. The Products shall also not available to any Users suspended or removed from the NIKSHOO’s system for any reason whatsoever. If You do not conform to the above qualification, You will not be permitted to access/use the Website. By accessing and using this Website, You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may access the Website, through Your legal guardian in accordance with the applicable laws.

4.2.   NIKSHOO reserves the right to terminate your membership and/or refuse to provide you with access to the Website if it is brought to NIKSHOO’s notice or if it is discovered that you are under the age of 18 years.

4.3.   NIKSHOO reserves the right to refuse access to /use of the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so and You shall have no right to object to the same.

4.4.   You shall not have more than one active Account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person.

5.      USER ACCOUNT, PASSWORD AND SECURITY

5.1.   NIKSHOO shall enable You to make the requisition (in case of B2B) or order (in case of B2C) or submit enquiry (for customised furniture in case of both B2B & B2C) for Product available to You through the Website, only if You have provided NIKSHOO certain required User information, including without limitation, name; user ID; email address; address; phone number; password; valid finance account information; and other details and created an account ("Account") through NIKSHOO ID and password or other log-in ID and password, which can include a facebook, gmail, yahoo ID or any other valid email ID (collectively, the "Account Information"). The transaction, delivery of the Products (in case of B2C) by the registered merchants/vendors may also be subject to procedures for use of the Website, Terms, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any ("Additional Terms"). If there is any conflict between the Terms and the Additional Terms, the Additional Terms shall take precedence in relation to that service.

5.2.   The Website requires You to register as a User by creating an Account in order to buy products offered by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify NIKSHOO of any unauthorized use of Your Account or Account Information or any other breach of security, and (b) ensure that You exit / log out from Your Account at the end of each session. You may be held liable for losses incurred by NIKSHOO or any other User of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential or otherwise.

5.3.   The Website also allows restricted access to the Website for unregistered Users.

5.4.   You shall ensure that the Account Information provided by You in the Website's registration form is true, complete, accurate and up-to-date.

5.5.   Use of another User's Account Information for accessing the website expressly prohibited.

5.6.   If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or NIKSHOO has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NIKSHOO has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website by You.

5.7.   You confirm that you are the authorised holder of the credit card or the original account holder of the debit card used in the transactions You make using the Website. NIKSHOO will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of the Your ID/password/credit card number/account details number in using the Website.

5.8.   The NIKSHOO uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by NIKSHOO for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing products to You, NIKSHOO may allow authorized third parties to place or recognize a unique cookie on the Your browser. NIKSHOO does not store personally identifiable information in the cookies.

6.      PRICING INFORMATION AND PAYMENT

6.1.   NIKSHOO strives to provide You with information on the best prices possible for the Products shown through website. The price shown shall be based upon the prevailing and regularly fluctuating market rates of those products, and will be fixed by NIKSHOO at its sole discretion.

6.2.   Some of the products prices may change after placing of order, in case of such change, the same will be communicated to the buyer and an approval shall be sought before contracting at the new applicable rate.

6.3.   Payment for B2C:

6.3.1.      You may buy products through our website. Payment for such purchases is your responsibility and can be executed through different means (as may be permitted by NIKSHOO on product to product basis) - including (but not limited to) credit and debit cards, gift coupons, third-party payment services and gateways (incl. Razorpay, CCAvenue, Payeezy, Paypal), third-party digital wallets and in some cases cash.

6.3.2.      You are responsible for providing valid payment information (for any of the payment means including but not limited to those mentioned above) at the time you purchase any products and services. You represent and warrant that you are an authorized user of such payment means, and you agree to pay all charges resulting from your transaction at the prices then in effect. You agree that NIKSHOO may pass your payment information (e.g. credit card) and related personally identifiable information to its designated service provider(s) for their use in charging you. The ultimate responsibility of payment lies with the purchaser of the products and/or services.

6.3.3.      The charges for any products or services may attract taxes, cess or any other charges as levied by competent authorities in a given region. These additional charges will be borne by the purchaser/service receiver and will be paid at the time of purchase.

6.3.4.      NIKSHOO reserves the right to modify Product Description, change prices, or institute new charges for any product or service at any time.

6.4.   Further:

6.4.1.      NIKSHOO reserves the right to refuse to process orders/requisitions from Users with a prior history of questionable charges, including without limitation breach of any agreements by User with NIKSHOO or breach of any policy.

6.4.2.      The User acknowledges that NIKSHOO will not be liable for any damages, interests or claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price which is beyond control of NIKSHOO.

6.4.3.      The pricing/offer/discount rate/cashback are geography specific and may vary in different geographical regions. NIKSHOO reserves the right to discontinue/modify/change the pricing/offer/discount rates/cashback at any time without prior notice. Notwithstanding anything contained herein offer/discount rates/cashback reflected in the cart at the time of checkout shall be considered final & binding. Under no circumstance will the offer/discount/cashback being offered herein be settled with cash in lieu by NIKSHOO.

7.      USER OBLIGATIONS

7.1.   Subject to compliance with these Terms, NIKSHOO grants You a personal, non-exclusive, non-transferable, limited privilege to access and use this Website.

7.2.   You agree to use the services, Website and the materials provided therein only for purposes that are permitted by: (a) the Terms; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

7.3.   You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogues) that You access on the Website.

7.4.   You agree not to access (or attempt to access) the Website and the materials by any means other than through the interface that is provided by NIKSHOO. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not deliberately made available through the Website.

7.5.   If Website requires/allows You to post and upload any information/material on the Website, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:

7.5.1.      Defame, abuse, harass, threaten or otherwise violate the legal rights of others;

7.5.2.      Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

7.5.3.      Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;

7.5.4.      Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;

7.5.5.      Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;

7.5.6.      Engage in any activity that interferes with or disrupts access to the Website or the services (or the servers and networks which are connected to the Website);

7.5.7.      Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any NIKSHOO server, or to any of the services offered on or through the Website, by hacking, password mining or any other illegitimate means;

7.5.8.      Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of NIKSHOO, including any NIKSHOO Account not owned by You, to its source, or exploit the Website or service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;

7.5.9.      Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites;

7.5.10.  Collect or store data about other users in connection with the prohibited conduct and activities set forth.

7.5.11.  Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website;

7.5.12.  Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of NIKSHOO or other third parties;

7.5.13.  Conduct or forward surveys, contests, pyramid schemes or chain letters;

7.5.14.  Download any file posted by another user of website that you know, or reasonably should know, cannot be legally distributed in such manner;

7.5.15.  Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

7.5.16.  Violate any code of conduct or other guidelines, which may be applicable for or to any particular facility on the website;

7.5.17.  Violate any applicable laws or regulations for the time being in force within or outside India;

7.5.18.  Violate the Terms including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere; and

7.5.19.  Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.

7.6.   NIKSHOO has no obligation to monitor such communications by You. However, NIKSHOO reserves the right to review materials posted by You and to remove any materials in its sole discretion. NIKSHOO reserves the right to terminate the User's access to any or all of such services/facilities provided by NIKSHOO at any time without notice for any reason whatsoever.

7.7.   NIKSHOO reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in NIKSHOO's sole discretion.

7.8.   NIKSHOO does not control or endorse the content, messages or information found in any communication service and, therefore, NIKSHOO specifically disclaims any liability or responsibility whatsoever with regard to the communication services and any actions resulting from the user's participation in any communication service.

7.9.   You agree that You are solely responsible to NIKSHOO and to any third party for any breach of Your obligations under the Terms and for the consequences (including any loss or damage which NIKSHOO or its affiliates or its vendors may suffer) for any such breach.

7.10.                    You agree that NIKSHOO may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.

7.11.                    You agree that the Website shall not be used for illegal purposes. The Information and Services shall not be used for any illegal purpose. You shall not access our networks, computers, or the Information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment. You shall not attempt to gain unauthorized access to any Information or Services, other accounts, computer systems, or networks connected with the Website, the Information, or Services. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her NIKSHOO profile/ account. Any attempt by any individual or entity to solicit login information of any other user or to access any such account is an express and direct violation of these Terms of Use and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.

8.      USAGE CONDUCT

8.1.   You shall be solely responsible for maintaining the necessary computer equipment and Internet connections that may be required to access, use and transact on the Website.

8.2.   You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.

8.3.   You shall use the Website, and any voucher/ coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.

9.      INTELLECTUAL PROPERTY RIGHTS

9.1.   The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by NIKSHOO and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

9.2.   The trademarks, logos and service marks displayed on the Website ("Marks") are the property of NIKSHOO or their third parties or respective third parties. You are not permitted to use the Marks without the prior consent of NIKSHOO and/or the relevant third parties that may own the Marks.

9.3.   Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, NIKSHOO owns all intellectual property rights to and into the trademark (Website), including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

9.4.   Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from NIKSHOO or third party owner of such Content.

10.  CANCELLATION POLICY

10.1.                    An order once placed cannot be cancelled, also the user/customer cannot refuse to accept the order, at the time of handing over of the products that are brought to you by the Delivery Agent.

10.2.                    In exceptional situations (including but not limited to unavailability of Products and Delivery Agents), NIKSHOO upon being informed as such by seller, reserves the right to allow the seller cancel the order of Products and a refund in respect of the same will be processed into the payment source within 7 days of cancellation.

11.  DISCLAIMER OF WARRANTIES & LIABILITIES

11.1.                    You expressly understand and agree that, to the maximum extent permitted by applicable law:

11.2.                    the Website, services and other materials are provided by NIKSHOO on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. without limiting the foregoing, NIKSHOO makes no warranty that:

11.2.1.   the Website or the services will meet your requirements or your use of the Website or the services will be uninterrupted, timely, secure or error-free;

11.2.2.  the results that may be obtained from the use of the Website services or materials will be effective, accurate or reliable;

11.2.3.  the quality of the Website, services or other materials will meet your expectations; or that

11.2.4.  any errors or defects in the Website, services or other materials will be corrected. No advice or information, whether oral or written, obtained by you from NIKSHOO or through or from use of the services shall create any warranty not expressly stated in the terms.

11.3.                    to the maximum extent permitted by applicable law, NIKSHOO will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. NIKSHOO also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.

11.4.                    NIKSHOO will not be liable for any loss that you may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Website or any services or materials, either with or without your knowledge. NIKSHOO has endeavored to ensure that all the information on the Website is correct, but NIKSHOO neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service.

11.5.                    NIKSHOO shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise.

11.6.                    NIKSHOO shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond NIKSHOO's control. The user understands and agrees that any material or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data.

11.7.                    NIKSHOO is not responsible for any typographical error leading to an invalid coupon. NIKSHOO accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.

11.8.                    You expressly agree that Your use of the Website is at Your risk.

11.9.                    The NIKSHOO warrants that the products sold through the website will reasonably match the description, quality and nature of the product as depicted on the website.

12.  INDEMNIFICATION AND LIMITATION OF LIABILITY

12.1.                    You agree to indemnify, defend and hold harmless NIKSHOO including but not limited to its affiliates, vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by NIKSHOO that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms. Further, You agree to hold NIKSHOO harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms, or Your violation of any rights of another, including any intellectual property rights.

12.2.                    Notwithstanding anything to contrary, NIKSHOO's maximum liability (if any) to You or anyone else under this Terms or otherwise shall be the refund of the money charged from You for any specific sale of Product or provision of service, in relation to which the liability arises.

12.3.                    In no event shall NIKSHOO, its officers, partners, employees, or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not NIKSHOO has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, services or materials.

12.4.                    The limitations and exclusions shall apply to the maximum extent permitted by applicable law.

13.  VIOLATION OF THE TERMS

13.1.                    You agree that NIKSHOO may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if NIKSHOO determines that You have violated these Terms or Additional Terms. You also agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to NIKSHOO, for which monetary damages would be inadequate, and You consent to NIKSHOO obtaining any injunctive or equitable relief that NIKSHOO deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies NIKSHOO may have at law or in equity.

13.2.                    You agree that NIKSHOO may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or (4) unexpected technical issues or problems.

13.3.                    If NIKSHOO does take any legal action against You as a result of Your violation of these Terms, NIKSHOO will be entitled to recover from You, and You agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to NIKSHOO.

14.  TERMINATION

14.1.                    The Terms will continue to apply until terminated by either You or NIKSHOO as set forth below. If You want to terminate Your agreement with NIKSHOO, You may do so by (i) not accessing the Website; and (ii) closing Your accounts, where NIKSHOO has made this option available to You.

14.2.                    NIKSHOO may, at any time, with or without notice, terminate the Terms (or portion thereof, such as any individual Additional Terms) with you if:

14.2.1.  You breach any of the provisions of the Terms, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);

14.2.2.  NIKSHOO is required to do so by law (for example, where Your access to the website becomes unlawful);

14.2.3.  The access to the website by You, by NIKSHOO is, in NIKSHOO's opinion, no longer commercially viable;

14.2.4.  NIKSHOO has elected to discontinue, with or without reason, access to the Website (or any part thereof); or

14.2.5.  NIKSHOO may also terminate or suspend all or a portion of Your account or access to the Website with or without reason.

14.3.                    Except as may be set forth in any Additional Terms applicable to a particular sale or service, termination of Your Account may include:

14.3.1.  removal of access to all offerings within the Website or with respect to the Website;

14.3.2.  deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and

14.3.3.  barring of further use of the Website.

14.4.                    You agree that all terminations shall be made in NIKSHOO's sole discretion and that NIKSHOO shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and the goods/services offered thereunder.

14.5.                    Notwithstanding the foregoing, these Terms will survive indefinitely unless and until NIKSHOO chooses to terminate them.

14.6.                    If You or NIKSHOO terminates Your use of the Website, NIKSHOO may delete any content or other materials relating to Your use of the Website and NIKSHOO will have no liability to You or any third party for doing so.

15.  GOVERNING LAW

15.1.                    These Terms and all transactions entered into on or through the Website and the relationship between You and NIKSHOO shall be governed in accordance with the laws of India without reference to conflict of laws principles.

15.2.                    In the event that any dispute or difference should arise between You and NIKSHOO in performance, interpretation and/or application with respect to the Terms, Privacy Policy or Additional Terms and/or on any matter relating to or arising out of the Terms, Privacy Policy or Additional Terms, the same shall be referred to the Sole Arbitration of an Arbitrator to be appointed by the NIKSHOO whose decision shall be final and binding upon the Parties. Any notice by the Arbitrator to You shall be sent by registered post at the address mentioned by you while registering your account with us, and it will be deemed to be sufficient notice to the Parties. The costs and expenses of the arbitration proceedings shall be borne by You. The sole Arbitrator shall conduct the arbitration proceedings at Indore in case of such dispute and shall be binding on You. It is also agreed by You that arbitration proceeding would be conducted in English only and in no other language.

15.3.                    You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms or any transactions entered into on or through the Website or the relationship between You and NIKSHOO shall be subject to the exclusive jurisdiction of the courts at Indore, India and You hereby accede to and accept the jurisdiction of such courts.

16.  REPORT ABUSE

In the event You come across any abuse or violation of these Terms or if You become aware of any objectionable content on the Website, please report to NIKSHOO’s customer support team.

17.  PRIVACY POLICY (in addition to …………………….)

17.1.                    NIKSHOO views protection of Your privacy as a very important principle. We store and process Your Account Information including any sensitive personal / financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. If You object to Your Information being transferred or used in this way please do not use the Website.

17.2.                    NIKSHOO will share / sell / transfer / license / convey some or all of your personal information with another business entity should we (or our assets) plan to merge with or are acquired by that business entity, or re-organization, amalgamation, restructuring of business or for any other reason whatsoever. Should such a transaction or situation occur, the other business entity or the new combined entity will be required to follow the privacy policy with respect to Your personal information. Once You provide Your information to us, You provide such information to NIKSHOO and affiliates of NIKSHOO and NIKSHOO and its affiliate may use such information to provide You various services with respect to Your transaction whether such transaction are conducted on www.nikshoo.com or with third party merchant's or third party merchant's website.

17.3.                    The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of NIKSHOO in respect of the Website. You further consent that the terms and contents of such Privacy Policy are acceptable to You.

18.  RETURN & REFUND POLICY:

18.1.                    What’s Eligible Return?

       Damaged- If the item delivered to you is in a damaged condition. In the case of minor damage (like chip-off/scratch/peel-off, torn stitches on upholstery or carpets) customers cannot return the item.

       Defective- If the item delivered to you is defective. A defect is the unfortunate result of a flaw in manufacturing, which hinders the intended use of the product (for e.g. imbalance, wooden joints opening etc). Please note that natural characteristics of the material used, like appearance or texture (especially for solid wood products) are not defects.

       Difference - If the item delivered to you is different (in dimension, shape or colour) from the description on our website. Kindly note the product may be different to the image shown on website, as the images of products shown are merely for representational purpose and the actual product may be different in appearance.

       Missing - If the product delivered to you is incomplete or has major components missing.

       Not delivered - In case of non-delivery of products till 90 days from date of order, to the customer, the user/customer shall be entitled to claim a refund of the amount paid by it for the product.

18.2.                    How to initiate a return request?

       In case of eligible return, the buyer may report the same through the “Report an issue” tag at the portal or by sending an email at info@nikshoo.com, with picture of the product and detailing the reasons for the return.

       To raise a return request, you should click 2-3 clear photographs of the item in question and the image file size should not exceed 5MB.

       In all cases, the return will be honoured with repair or replacement. Refunds will only be made in situations where the product delivered to the customer was of such a nature that it carried zero value to the customer. The “zero value” will not include an event when the zero value is a result of any action/inaction of the user/customer.

       In situations of exceptional nature NIKSHOO may allow a refund to be made to a customer on a particular return request.

       Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.

       Refund shall be subject to User complying with these Terms of Use.

       The Refund to wallet will be processed within 1-2 business days and to Original mode of Payment within 7-10 business days of confirmation of return request.

       The Refunds may be subjected to transaction charges or other necessary deductions.


19.  GENERAL PROVISIONS

19.1.                    Notice: All notices of NIKSHOO will be served by email or by general notification on the Website. Any notice provided to NIKSHOO pursuant to the Terms should be sent to info@nikshoo.com     

19.2.                    Assignment: You cannot assign or otherwise transfer the Terms, or any rights granted hereunder to any third party. NIKSHOO's rights under the Terms are freely transferable by NIKSHOO to any third parties without the requirement of seeking Your consent.

19.3.                    Severability: If, for any reason, a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.

19.4.                    Waiver: Any failure by NIKSHOO to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by NIKSHOO of any provision or right.

<END OF TERMS OF USE>