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 sale - The 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 Sale – Upon 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>