2. Sign – up
Users must register and login on the Site by providing the details required in order to use the Site. In creating an account, Users agree to:
(i) Provide honest, accurate, current and complete information regarding themselves,
(ii) Keep all information updated and accurate,
(iii) Notify the Company if they discover or suspect that their account has been hacked or its security is breached, and
(iv) Users agree to comply at all times with any instructions for use of the Site which the Company makes from time to time.
Users also agree to take responsibility for all activities on or under the account registered in their name and they accept all risks for any unauthorized use of their account.
Users may buy goods offered online by the Company by completing the order form available on theSite. By placing an order, the Users confirm that all the information they provide is accurate, complete and not misleading. The Users agree to deal with the Company in good faith and in compliance with all applicable laws. The Company may cancel orders where it considers that the Users have not dealt with the Company in good faith or have otherwise breached applicable laws, even if the order has been confirmed and the User has been charged. If the User is charged for the purchase and the Company cancels the order, the Company will notify the User and credit the User’s account for the amount charged, less delivery charges and applicable taxes and duties, at the Company’s discretion.
4. Special offers
The Company may provide special offers in relation to itsgoods from time to time. At any time, the Company may terminate any special offer without advance notice. If terminated, a special offer will continue to apply to goods,the Users ordered in good faith in accordance with these Terms before the special offer was terminated.
All goods are offered for sale subject to available stock. If an item is out of stock, the Company may contact the User to offer a substitute. If the User does not accept a substitute item and the User has been charged for an item that is out of stock, the Company will cancel the User’s order and issue a credit to the User’s account in the amount charged. If the Users order goods and some are not in stock, the Users agree that the Company may fill that part of the User’s order for which stock is available.
If the Users receive any goods in a damaged condition, the Company may issue a credit in the amount paid for the goods or send replacement goods at its discretion, if the User notifies the Company within 7 days of the delivery date. The Company may ask the Users to provide proof of the damage, as a condition of refund or replacement
7. License to use the Software
8. Use by Minors
The Site shall not be used by minors. The Site is directed only to individuals who are permitted to legally enter into contracts in India and those who do not require consent from their natural/legal guardian to do so. The Company has hereby cautioned all Users of the same. However, if the Site is used by minors irrespective of such caution by the Company, then the Company shall not be responsible for any claims from any authorities/third parties regarding the same.
9. Damaging the Site
Users agree not to access without authority, interfere with, damage or disrupt:
(i) Any part of the Site,
(ii) Any equipment or network on which the Site is stored,
(iii) Any software used in the provision of the Site, or
(iv) Any equipment or network or software owned or used by any third party.
All the products listed on the Site will be sold at MRP unless otherwise specified. The Products can be purchased through the Site through various methods of payments offered. The sale/purchase of Products shall be additionally governed by delivery, return policy, etc., which is discussed below.
The Users shall solely be responsible for any and all duties, taxes, levies or fees imposed on or in connection with the Site by any authority, without any liability to the Company.
13. Availability, Security and Accuracy of the Site
The Company makes no warranty that access to the Site will be uninterrupted, timely or error-free. In addition, the Company may occasionally need to carry out repairs, maintenance or introduce some new features and functions and the Company shall not entertain any claims arising from the aforesaid.
Access to the Site may be suspended to or withdrawn from the Users personally or generally either temporarily or permanently at any time and without notice. The Company may also impose restrictions on the length and manner of usage of any part of the Site for any reason, within its discretion.
The Company does not warrant that the Site will be compatible with all hardware and software which the Users may use. The Company shall not be liable for damages to or viruses and other code that may affect any equipment, software, data or other property as a result of the Users’ access to or use of the Site or obtaining any material from the Site. The Company shall not be liable for the actions of third parties.
Additionally, the Company has made every effort to display the colours of itsgoodsthat appear on the Site as accurately as possible. However, as the actual colours the Users see will depend on the Users’ monitor, the Company cannot guarantee that the User’s monitor display of any colour will be accurate.
The Company may change or update the Site and anything described in it without notice to the Users. If the need arises, the Company may suspend access to the Site or close it indefinitely.
14. Delivery Policy
The Company will arrange for the products to be delivered to the address for delivery indicated in the User’s order.
The Company will use reasonable endeavors to deliver products within 4 working days of the date of the order confirmation. However, the Company cannot guarantee delivery by the relevant date. The Company however guarantees that unless there are exceptional circumstances all deliveries of products will be dispatched within 7 days after receipt of payment.
The Company will process the refund after receipt of the product by Nammur or its partners. Refund will be processed based on the mode of payment of the order:
Orders paid by credit/ debit card will be refunded by credit back to the credit/ debit card within 10 working days of the process being completed;
Orders paid by net banking accounts will be credited back to bank account within 10 working days of the returns process being completed.
15. Users Agree and Confirm:
That in the event that a non-delivery occurs on account of a mistake by the User (i.e. wrong name or address or any other wrong information) any extra cost incurred by the Company for redelivery shall be claimed from the User.
That the Users will use the services provided by the Site, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Site.
The User will provide authentic and true information in all instances where such information is requested of the User. If the Users’ details are found not to be true (wholly or partly), the Company has the right in its sole discretion to reject the registration and debar the User from using the Services and / or other affiliated websites without prior intimation whatsoever.
That before placing an order, the Users will check the product description carefully. By placing an order for a product, the Users agree to be bound by the conditions of sale included in the item’s description.
16. Limitation of Liability
The Company shall not be liable for any claims, demands and damages of any kind arising from the Users’ use of or inability to use the Site. The Company shall not be responsible for any claims, demands and damages of any kind arising out of or in any way connected with any disputes arising between the Users and third parties.
The Users assume all responsibility and risk with respect to their use of the Site. Users agree and understand that, to the fullest extent permitted by law, the Company disclaims all warranties, representations and endorsements either express or implied with regard to the Site and as to the condition, suitability, quality, fitness or safety of any goods or services supplied by the Company (Warranties), other than those implied by statute which may not be legally excluded. Any liability the Company may have to the Users under Warranties implied by statute which cannot be excluded is limited, where expressly permitted by statute, to supplying, or paying the cost of supplying, the goods or services again or repairing, or paying the costs of repairing, the goods, at the Company’s option.
In case of Force Majeure beyond the control of the Company such as the Site,or any software related to that, being hacked by third parties, network issues, etc., the Company shall not be held responsible for any claims from the Users.
18. Intellectual Property Rights
19. Third Party Websites
The Users must comply with any applicable third party terms of agreement when using the Site (for example, Users must ensure that the use of the Site is not in violation of their mobile device agreement or any wireless data service agreement).
20. Modification of Terms & Conditions of Service
The Company may at any time modify the Terms & Conditions of Use of the Website without any prior notification to the Users.Users can access the latest version of these Terms & Conditions at any given time on the Site. Users should regularly review the Terms & Conditions on the Site. In the event the modified Terms & Conditions is not acceptable to the User, User should discontinue using the Service. However, if the Users continue to use the Service, they shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Site.
The Company may terminate the use of the Site at any time without notice to the Users. Upon termination, the rights and licenses granted to Users shall terminate and they shall not be permitted to utilize the software after such termination.
The failure of either Party to insist upon a strict performance of any of the terms or provisions herein or to exercise option, right or remedy herein contained, shall not in future be construed as waiver or a relinquishment of such terms, provisions, option, right or remedy, but the same shall continue and remain in full force and effect. No waiver by either Party of any term or provision hereof shall be deemed to have been made unless expressed in writing and signed by such Party.
26.Governing Law, Dispute Settlement and Jurisdiction
This User Agreement shall be construed in accordance with the applicable laws of India. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by the Company and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Bangalore – Karnataka. The High Court of judicature at Bangalore – Karnataka alone shall have the jurisdiction and the Laws of India shall apply.