This document (hereinafter referred to as “Agreement”) sets forth the Terms and Conditions (hereinafter referred to as “Terms”) that apply to the access and use of the www.nutraj.com (hereinafter referred to as “Website”) which is managed and operated by VKC Nuts Private Limited (hereinafter referred to as “Company”), incorporated under the Companies Act, 2013 bearing CIN U15131JK1999PTC001978 and having its registered office at 27, C/C Gandhi Nagar Pin- 180004, Jammu And Kashmir, India.
These Terms are a legally binding document and are an electronic record as prescribed under the provisions of the Information and Technology Act, 2000 and rules made thereunder and is generated by a computer system and does not require any physical or digital signatures. This Agreement is published in accordance with the provisions of Rule 3 of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that provides for the due diligence to be exercised for the access or usage of this Website.
PLEASE READ THESE TERMS CAREFULLY. YOUR ACCEPTANCE OF THESE TERMSHEREIN CONSTITUES AN AGREEMENT HEREUNDER. BETWEEN YOU AND THE COMPANY FOR THE PURPOSE AS DEFINED
1. DEFINITIONS AND INTERPRETATION
In this Agreement, (a) capitalised terms defined by inclusion in quotations and / or parenthesis have the meanings so ascribed; and (b) the following terms shall have the meanings assigned to them herein below:
1.1.1 Indian Citizen shall mean a person who is the citizen of India and has attained the age of majority i.e. 18 years of age.
1.1.2 Intellectual Property Right means and includes but is not limited to, innovations, improvements, processes, technical know-how, techniques, source code of Company, content made literary and artistic works, schematics, patents, its trademarks, trade names, designs, patents and copyrighted works, notes, agreements/contracts entered by the Company, formulas, in-house software’s, VPN etc. Intellectual Property of the Company also extends to the content made available to its Users.
1.1.3 Minor shall mean any person below the age of 18 years. 1.1.4 Personally Identifiable Information (PII) shall mean and include any information or set of information, whether alone or in combination with other personal information gathered, processed, used or stored by the Company which is sufficient to identify the individual.
1.1.6 Product(s) shall mean to include, but not limited to, varieties of dry fruits like walnuts, almonds, pista, raisins, dates, pecans, dried berries, macadamia nuts, chironji, hazelnuts and such other commodities added from time to time on the Website.
1.1.7 Services shall mean to include, but not limited to, the facility provided on the website to scroll through the assortment of Products on offer, to add to cart various Products and effectuating the purchase of such Products.
1.1.8 Territory shall mean ‘India’.
1.1.9 Third Party shall mean and include banks, associations, company or any entity whose facilities are being utilized by the Company to provide services to the Users.
In this Agreement, where the context admits:
1.2.1 any reference to any statute or statutory provision shall include:
a) all subordinate legislation made from time to time under that provision (whether or not amended, modified, re-enacted or consolidated); and
b) such provision as from time to time amended, modified, re-enacted or consolidated (whether before, on or after the date of this Agreement) to the extent such amendment, modification, re-enactment or consolidation applies or is capable of applying to any transactions entered into under this Agreement as applicable, and, to the extent liability thereunder may exist or can arise, shall include any past statutory provision (as from time to time amended, modified, re-enacted or consolidated) which the provision
referred to has directly or indirectly replaced.
1.2.2 any reference to the singular shall include the plural and vice-versa;
1.2.3 any references to the masculine, the feminine and the neuter shall include the others;
1.2.4 references to this Agreement or any other document shall be construed as references to this Agreement or that other document as amended, varied, novated, supplemented or replaced from time to time;
1.2.5 headings to Clauses, parts of Schedules and Schedules are for convenience only and do not affect the interpretation of this Agreement;
1.2.6 the words “include”, “including” and “in particular” shall be construed as being by way of illustration or emphasis only and shall not be construed as, nor shall they take effect as, limiting the generality of any preceding words; and
1.2.7 References to a person’s representatives shall be to its officers, employees, legal or other professional advisers, sub-contractors, agents, attorneys and other duly authorized representatives.
2. AGREEMENT TO TERMS
2.1 By browsing the Website, You confirm that You have read, understood and agreed to be bound by all of the Terms set forth in the TOU, which shall constitute a binding contract between the You and the Company.
2.2 If You do not wish to be bound by the TOU, You must exit the Website immediately.
2.3 You are aware and You accept that all information, content, materials, Products on the Website is protected and secured.
2.4 You agree and authorize the Company to share your information, with its group companies, vendors, service providers of the Company and other third parties like directors/producers/production houses/ casting agents/ casting agencies, in so far as required for marketing purposes/offering/cross-selling various Services and/or to provide you with various value-added services, in association with the Services
selected by you or generally otherwise.
2.5 You acknowledge and accept that the Company can at its sole discretion amend any of its Services being rendered in the Website either wholly or partially at any time and/or provide an option to You to switch to other Service.
2.6 You acknowledge and accept that the software and hardware underlying the application as well as other Internet related software which are required for accessing the application are the legal property of the Company or third party engaged by the Company to provide smooth functioning of the Website. The permission given by Company to access the application will not convey any proprietary or ownership rights in the software/hardware of the Company.
2.7 You accept and acknowledge that not all the Products and Services offered on the Website are available in all geographic area and you may not be eligible for all the Services being offered by the Company on the Website. The Company thus reserves the right to determine the availability and eligibility for any Service being offered on the Website.
2.8 You acknowledge and agree that the Company shall not be liable for any damages, loss (direct or indirect) due to disruption or non-availability of any Service due to technical fault/glitch/ error or any failure in telecommunication network or any error in any software or hardware systems beyond the control of the Company.
2.9 You agree that transactions made through the Company’s Website shall be through Your own bank account only and the said transactions do not contravene any Act, Rules, Regulations, Notifications or any other law applicable and being in force.
2.10 You agree and acknowledge that the Company reserves the right at its sole discretion to delete, block, restrict, disable, suspend Your account if You are found engaging in any fraudulent or illegal activity.
3. Use of Website
By making use of the Website you hereby declare/ confirm that:
3.1 You are aware and accept that all information, content, and materials on the Website is protected and secured.
3.2 You understand and accept that opening and maintenance of the account is subject to rules and regulations introduced or amended from time to time by the Company.
3.3 You agree and authorize the Company to share your information, with its group companies, vendors, service providers of the Company and other third parties, in so far as required for marketing purposes/offering/cross-selling various Products and services and/or to provide you with various value-added services, in association with the Services selected by you or generally otherwise.
3.4 You acknowledge and accept that you will be responsible for maintaining the confidentiality of your account information.
3.5 You acknowledge and accept that you will be fully responsible for all the activities that occur under Your account.
3.6 You agree to keep your login credentials i.e. User Id and password safe and confidential at all times.
3.7 You agree to promptly and immediately inform the Company of any actual or suspected unauthorized use of Your Account. You agree that Company shall not be liable for any loss or damage that may occur/arise from Your failure to comply
with the provisions.
3.8 You acknowledge and accept that the Company can at its sole discretion amend any of its Services being rendered in Your account either wholly or partially at any time and/or provide an option to You to switch to other Service.
3.9 You acknowledge and accept that the software and hardware underlying the application as well as other Internet related software which are required for accessing the application are the legal property of the Company or Third Party. The permission given by Company to access the application will not convey any proprietary or ownership rights in the software/hardware of the Company.
3.10 You accept and acknowledge that not all the Products offered on the Website are available in all geographic area. The Company thus reserves the right to determine the availability and eligibility for any Product being offered on the Website.
3.11 You acknowledge and agree that the Company shall not be liable for any damages, loss (direct or indirect) due to disruption or non-availability of any Service due to technical fault/glitch/ error or any failure in telecommunication network or any error in any software or hardware systems beyond the control of the Company.
3.12 You agree that transactions made through the Company’s Website shall be through Your own bank account only and the said transactions do not contravene any Act, Rules, Regulations, Notifications or any other law applicable and being in force. 3.13 You agree and acknowledge that the Company reserves the right at its sole discretion to delete, block, restrict, disable, suspend Your account if You are
found engaging in any fraudulent or illegal activity.
4. Eligibility Criteria
4.1 Only Citizen of India can use the Services on the Website. The person resident outside India can use the services subject to the condition that the delivery location needs to be in India and payment needs to be done in INR.
4.2 You hereby represent and warrant of being atleast 18 (eighteen) years of age or above and being fully able and competent as defined under the provisions of the Indian Contract Act, 1872 to understand and agree the terms, conditions, obligation, affirmations, representations and warranties set forth in this Terms and Conditions.
4.3 You agree and accept that where You are acting as a Guardian on behalf of a minor, you have the necessary authority to register/sign up for the Services on behalf of the minor. If the Company learns that the Company has collected PII from a minor, the Company reserve the right to immediately delete the information and the account created by such User. If You believe that a minor may have provided the Company PII, you may contact us at email@example.com.
4.4 You are not barred or otherwise legally prohibited from accessing or using the Services under the laws of India or any other applicable laws. 4.5 You agree and acknowledge that the Company does not have the responsibility to ensure that You are following under the aforesaid eligibility.
5.1 In order to use the Website and avail the Services, You need to register on the Website and provide the Company with accurate and complete information. The information provided by you for the creation of Your account shall be considered as Registration information.
5.2 In order to avail the Services available via the Website, You need to Sign Up and make an account on the Website.
18.104.22.168 User can opt to register on the Website by linking its Gmail/Facebook account.
22.214.171.124 For registering on the Website without linking the abovementioned social media accounts, the user will be required to provide the
Password for the account
5.3 The user undertakes to provide to the Company with accurate and complete information. The information provided by the user for the creation of the account shall be considered as registration information. 5.4 User shall also be required to furnish the following PII during the checkout process to effectuate the purchase of Product(s):
5.4.1 Full Name
5.4.3 Pin code
5.4.4 Bank Account Number
5.4.5 Credit/Debit Card Number
5.4.6 UPI Id
5.5 After furnishing such information, user shall receive an OTP on the registered mobile number complete the registration process.
5.6 On successful registration, You shall receive a welcome message on whatsapp account associated with Your registered mobile number and You will be able to access Your account by using its email ID and password chosen during the
5.7 You hereby agree and undertake to maintain and promptly update the Registration Information to keep it true, accurate and complete at all time.
5.8 You shall be responsible for all activities that occur through Your respective username and PIN.
5.9 You shall not:
5.9.1 Select a username, mobile number, email address or any other information of any other person with the intent to impersonate that
5.9.2 Use a name or contact details subject to any rights of any other person without appropriate authorization
5.9.3 Use details of any other User.
5.10 In relation to any PII being saved or processed, the Company shall meet the requirement of Information technology Law and shall adopt the technical and organizational measures as industry standards which are necessary to secure Your PII.
5.11 If the Company has the reason to believe the information/PII provided by You is incorrect, false, misleading in nature or otherwise not in accordance with the Terms and Conditions, then the Company shall be entitled to cancel or indefinitely suspend or block access to the Website and refuse to provide access permanently for such period as the Company deems fit.
5.12 You agree that the Company shall not be liable for any unauthorized hacking of Website leading to leakage or misuse of PII.
5.13 You agree that the Company shall not be held liable for any loss or damage arising from such unauthorized hacking and data leakage and Your failure to comply with these Terms and Conditions.
6. User Account
6.9 You shall be responsible for all activities that occur through Your account.
6.10 You agree that the company shall not be liable for any unauthorized use or access of Your account.
6.11 You are responsible for safeguarding the password that is used to access the Website for the Services. The Company encourages You to use strong Password and change the Password periodically with the account.
6.12 You agree that Company shall not be held liable for Your failure to comply with the abovementioned clause i.e. Clause
6.13 You will be given an option to change the password for Your account on the Website in case of any loss or compromise of password.
6.14 You agree to take all steps necessary to protect log in details and keep them secret, and not give login details to anyone else or allow anyone else to use Your login details or account. The Company shall not have any responsibility for the consequence of failure in case you fail to abide by the abovementioned clause and further agree to fully compensate the Company for any losses or harm that may result. Furthermore, the Company shall not be responsible for any loss that You may suffer as a result of unauthorized access to your accounts and/or use of the Services, and the Company accepts no responsibility for any losses or harm resulting from this unauthorized use, whether fraudulently or otherwise.
7. Delivery, Return, Refund and Cancellation
7.9 Specificities of delivery information has been provided here.
7.10 Specificities of return, refund and cancellation policy has been provided here.
8. Intellectual Property Rights
8.1 For the purpose of this Agreement, Intellectual Property shall mean as defined in Clause 1.1.2.
8.2 You acknowledge and agree that all intellectual property rights including trademarks and logos of the Company and the Website shall vest in the Company and You shall not indulge in any act that construes that such trademarks and logos of the Company belongs to You.
8.3 You acknowledge and agree that the Company owns all rights, title and interest in the Service and the Website, including the intellectual property in the Service and the Website developed, graphics, and programming code thereto, description, photographs, etc. created/use for You shall solely vest with the Company.
8.4 The Company grants You a limited license to access and make personal use of the Website and Services.
8.5 Access or use of Website does not confer and shall not be construed as conferring upon anyone the license to use the Company’s Intellectual Property Rights.
8.6 You agree and acknowledge that this license does not confer any right to download, copy, create a derivative work from, modify, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Service.
8.7 You agree and acknowledge that You do not have the right to use Company’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. 8.8 You agree and acknowledge that You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademarks and copyright notices), which may be affixed to or contained within the Service.
8.9 You agree to not copy or transmit any of the Service. 8.10 You agree and acknowledge that You shall not use the Website or its contents for any commercial purpose or make any speculative, false, or fraudulent
Nutraj at its sole discretion reserves the right not to facilitate acceptance of any request by the users for listing, display or offering any Products and services through the website without assigning any reason thereof. Any contract to provide any service by Nutraj is not complete until the entire consideration towards the service is received by Nutraj.
9. Communication Policy
9.1 By making use of the Website, and furnishing your personal/contact details (PII), You hereby agree that You are interested in the Services, offers, campaigns etc. that the Company or any other third party may offer/provide/share/send to You from time to time through any means including but not limited to telephone, SMS (short messaging service), electronic mail (e- mail), WhatsApp or any other messaging service/mobile application or any other physical, electronic or digital means/mode.
9.2 You hereby agree to be contacted by the Company, either electronically or through phone, to apprise You about the following, including but not limited to,:
A. any ongoing offers, discounts;
B. Your shipment information;
C. to understand Your interest in the Products available;
D. to complete your application for the Services; and
E. to assist You for customer servicing.
9.3 You also expressly agree and authorize the Company and its partners, service providers, vendors and other third parties to contact You for the purpose of offering or inviting your interest in availing other Products or services offered by third parties, or for sending other marketing campaigns, offers, or any other information either on the Website or through other means including but not limited to telephone, SMS (short messaging service), electronic mail (e-mail), WhatsApp or any other messaging service/mobile application or any other physical, electronic or digital means/mode.
9.4 You acknowledge and accept that by using the Website, You authorize the Company, its affiliates, partners and third parties to contact You for any follow up calls in relation to the Services provided through the Website and for offering or inviting your interest in availing any other Service offered by the Company or such third parties. You agree and consent to receive communications relating to all of the above on your phone/mobile number provided by you on the Website and expressly waive any registration or preference made under DND/NCPR list under the applicable TRAI regulations.
9.5 You will indemnify and hold harmless the Company and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which the Company or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following:
9.5.1 misuse by You or improper or fraudulent information provided by You; and
9.5.2 incorrect number or a number that belongs to an unrelated third party provided by You.
10.1 The Company shall be committed to ensuring that the information furnished, as a part of registration process mentioned above, is secure and no unauthorized access or disclosure takes place with respect to the same. The Company has installed internal checks and mechanisms to ensure the same.
10.2 Purpose of collecting PII: The major purposes for the collection of PII are listed below:
10.2.1 For improving services offered and received using the Website;
10.2.2 For keeping internal records;
10.2.3 For market research purposes;
10.2.4 For the purpose of enhancing Your experience
10.3 In case You change Your mind and wish to discontinue sharing Your PII, You may express such intention by emailing us at (firstname.lastname@example.org_).
10.4 The Company at all times reserves the right to disclose any information as may be required by law. This may include disclosure of information for investigation of an alleged illegal activity or its response to a lawful court order.
11.1 You acknowledge that in course of Your relationship with the Company and in using the Services, you may obtain information relating to the Services and/or the Company (“Proprietary Information”). Such Proprietary Information shall belong solely to the Company and includes, but is not limited to, the features and mode of operation of the Services, trade secrets, know-how, inventions (whether or not
patentable), techniques, processes, programs, ideas, algorithms, schematics,
testing procedures, software design and architecture, computer code, internal documentation, design and function specifications, product requirements, problem reports, analysis and performance information, benchmarks, software documents, and other technical, business, product, plans and data. In regard to this Proprietary Information:
11.1.1 You shall not use except as expressly authorized by this Agreement) or disclose Proprietary Information without the prior
written consent of the Company unless such ProprietaryInformation becomes generally publicly available without your
breach of this Agreement.
11.1.2 You agree to take reasonable measures to maintain the Proprietary Information and Services in confidence.
12. Representation and Warranties
12.1 You acknowledge and agree that investment involves substantial risks and therefore You shall be solely responsible for any adverse consequences or losses that may arise from such investments. The investment advice, if any, provided by the Company shall not be considered to be or taken as an offer to sell or a solicitation to buy/sell any security. Price and value of the investment referred to
on the Website are subject to volatility.
12.2 You confirm that you were neither involved in the past nor will involve in future directly or indirectly in any incidence of bribery or corruption or seek any unlawful or unethical advantages.
12.3 You agree that neither in past nor in future you accept, solicit, agree to receive, promise, offer or give a bribe, facilitation payment kickback or other improper payment.
12.4 You agree to not post, submit, upload, distribute, or otherwise transit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage Website or any connected network, or otherwise interfere with any person or entity’s or Users use or enjoyment of the Website.
12.5 You will not engage in any form of antisocial, disrupting, or destructive acts, including but not limited to flaming, spamming, flooding, trolling and phising as those terms are commonly understood and used on the Internet.
12.6 You will not delete or modify any content of the Website, including but not limited to legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify.
12.7 You agree that the Company shall not be responsible in any manner for any mistake or error, delay or cancellation in the transaction settled or failure of any Financial Institution or any other regulatory authority. In no event shall the Company be liable for special, indirect, incidental or consequential damages, regardless of the form and action (including negligence or strict liability), whether or not such party is advised or might have anticipated the possibility of such damages.
12.8 The Company does not give any guarantee that the information with regard to the Service displayed on the Website are actually the terms that may be offered to You in case You pursue the offer. 12.9 You agree and acknowledge that if you invest in any financial instrument offered by the third party service providers, the Website merely plays a role of a referral agent connecting You with the third party services provider offering financial instrument on the Website and may perform ancillary service to the referral activities.
12.10 The information does not constitute investment or financial advice or advice to buy or sell, or to endorse or solicit to buy or sell any securities or other financial instrument for any reason whatsoever. Nothing on the Website or information is intended to constitute legal, tax or investment advice, or an opinion regarding the appropriateness of any investment or a solicitation of any type.
13. Limitation of Liability and Indemnity
13.1 In no event shall the Company or its directors, employees, associates, partners, or suppliers will be liable to You for any loss or damage that may cause or arise from or in relation to these Terms or due to use of this Website or due to investments made using this Application or availing any product or services from any third-party service provider.
13.2 You agree to indemnify the Company or its directors, employees, associates, partners or suppliers for all the liabilities (including claims, damages, suits or
legal expenses in defending itself in relation to the foregoing) arising due to (i) use or misuse of the Application (ii) non-performance and/or non- observance of the duties and obligations under these Terms or due to your acts or omissions (iii) any act, neglect, misconduct or fraud on your part.
13.3 You warrant that all the details and information provided by You to the Company or its directors, employees, associates, partners, or suppliers while using this Website shall be correct, accurate and genuine.
13.4 To the fullest extent permissible pursuant to applicable law, the Company and its directors, employees, associates, third-party partners or suppliers disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness and non- infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from the company or through the Application will create any warranty or guarantee other than those expressly stated herein.
13.5 The Website and all content and Services including the Products provided on the Website are provided on an "as is" and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as
well as all warranties arising by usage of trade, course of dealing, or course of performance. Company makes no warranty, and expressly disclaims any obligation, that: (a) the content will be up- to-date, complete, comprehensive, accurate or applicable to your circumstances; (b) The Website will meet your requirements or will be available on an uninterrupted, timely, secure, or error-
free basis; (c) the results that may be obtained from the use of the Website or any Services offered through the Website will be accurate or reliable; or (d) the quality of any Products, services, information, or other material obtained by you through the Website will meet your expectations.
13.6 While availing any of the payment method/s available on the Website, the Company will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
13.6.1 Lack of authorization for any transaction/s, or
13.6.2 Any payment issues arising out of the transaction, or
13.6.3 Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a you;
13.6.4 Decline of transaction for any other reason(s)
13.7 Use of the payment facilities provided by the Website shall not render the Website liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties or fraud as regards the Products or services listed on the Website. The Website shall not be responsible for any damages, interests or claims arising from not processing a transaction.
YOU AGREE AND UNDERSTAND THAT ALTOUGHT THE COMPANY HAS TAKEN ALL NECESSARY STEPS AND PRECAUTION, THE WEBSITE
IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPLICATION OR THE INFORMATION, CONTENT INCLUDED ON THE APPLICATION.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT
WARRANT THAT THE WEBSITE, ITS SERVERS, OR EMAIL/ OTHER COMMUNICATION SENT FROM THE WEBSITE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE
APPLICATION, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
ALL INTERACTION, COMMUNICATION, DEALING, OR TRANSACTION BETWEEN YOU AND THE THIRD-PARTY PROVIDER IN RESPECT OF
ANY PRODUCTS/SERVICES OFFERED BY THE THIRD-PARTY PROVIDER IS A SEPARATE AND INDEPENDENT TRANSACTION
BETWEEN THE USER AND SUCH THIRD-PARTY PROVIDER WITHOUT ANY LIABILITY ACCRUING TO OR ON US FOR ANY MATTERS ARISING OUT OF OR IN RELATION TO THE SAME. THE USER
EXPRESSLY AGREES AND ACKNOWLEDGES TO HOLD HARMLESS, THE COMAPNY IN RESPECT OF ANY COST, CLAIMS, DAMAGE, LOSS OR EXPENSES ACCRUED, SUFFERED, INCURRED BY US OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH ANY SUCH COMMUNICATION, INTERACTION, DEALINGS AND TRANSACTIONS BETWEEN THE USER AND THIRD-PARTY PROVIDERS. THE USER ACKNOWLEDGES THAT WE DO NOT HAVE ANY CONTROL OVER SUCH DEALINGS AND TRANSACTIONS AND PLAYS NO DETERMINATIVE ROLE IN THE PERFORMANCE IN RESPECT OF THE SAME AND WE SHALL NOT BE LIABLE FOR THE OUTCOMES OF SUCH OMMUNICATION, INTERACTION, DEALINGS AND TRANSACTIONS BETWEEN THE USERS AND THE THIRD-PARTY PROVIDERS. THE COMPANY WILL MAKE AN EFFORT TO KEEP THE INFORMATION PROVIDED BY THE COMPANY ON THE WEBSITE INCLUDING BANK DETAILS, BREANCH DETAILS, RATE OF INTEREST UPDATED HOWEVER DOESNOT WARRANT FOR ANY DIFFERENCE NOTED AT ANY POINT IN TIME. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY PROVIDER IN ANY MANNER AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND SUCH PARTY PROVIDER. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM THROUGH SUCH THIRD-PARTY PROVIDER, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
14. Force Majeure
If the whole or any part of the performance is prevented, hindered or delayed by a Force Majeure event (as defined below), Company shall not be liable for any failure to perform any of its obligations under these terms and conditions or those applicable specifically to its Services/facilities, and in such case its obligations shall be suspended for so long as the Force Majeure event continues. “Force Majeure Event” means any event, due to any cause beyond the reasonable control of Company, including without limitations, unavailability of any communication systems, breach, or virus in the digital processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of God, pandemics, government mandated lockdown/quarantine measures, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, lockdown, computer hacking, unauthorised access to computer data and storage devices,
computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.
16. Modification and Amendment
16.1 The Company reserves the right at any time, at its sole discretion, to change or otherwise modify the Terms and any other policy related thereto. The Company shall, at least once in a year, inform the user regarding the changes/updates/amendments/revisions/modifications effectuated in the Terms and any other policy related thereto. The continued access or use of this Website after such changes/updates/amendments/revisions/modifications signifies user’s acceptance of the updated/changed/amended/revised/modified Terms. Be sure to return to this page periodically to review the most current version of Terms.
16.2 If no such separate consent is sought, Your continued use of the Services and ancillary services shall constitute acceptance of the changes and an agreement to be bound by Terms and Conditions, as amended. If You do not agree to the changes, you may please discontinue your use of the Services and ancillary Services.
16.3 Company reserves the right to discontinue or suspend, temporarily or permanently, the Services including ancillary services, by giving reasonable time period notice, on a best effort basis, unless it is merely to change certain features/contents of the Services and/or Website or maintain the security and integrity of the Services. You agree that Company will not be liable to you in any manner whatsoever for any modification or discontinuance of the Services.
16.4 You agree not to use the Services and ancillary services for illegal purposes or for the transmission of material that is unlawful, harassing, libellous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the rights of other.
Jurisdiction over any suit, action or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with these Terms or the transactions contemplated hereby shall lie exclusively with the courts of the Delhi NCR, India, and the parties hereby consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum.
18. Entire Agreement
Notwithstanding the termination or rescission of this Agreement, the provisions of this Agreement shall continue to apply to those duties and obligations which are intended to survive any such cancellation, termination or rescission, including, without limitation clauses related to Limitation of liability, Indemnity, Warranty, Intellectual Property, Confidentiality, Dispute Resolution, Governing Law and Jurisdiction. Further any provisions of this Agreement which by implication are to survive the termination of this Agreement shall survive such termination. Termination of the Agreement shall not abate the causes of action that have accrued to the Parties prior to such termination.