Terms & Conditions

TERMS OF USE AND SALE


PLEASE READ THESE TERMS OF USE AND SALE, CAREFULLY. BY USING THIS PLATFORM,YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS IN FULL. IF YOU DISAGREE TO THESE TERMS OR ANY PART OF THESE TERMS, YOU MAY NOT USE THIS PLATFORM.

1. DEFINITIONS


1.1 “User”, “You”, “Your” or “Buyer” means any person who browses, views, accesses or uses this Platform; 
1.2 “Use” or “Using” means to browse, access, view, purchase the Products or otherwise gain benefit from using this Platform;
1.3 “We”, “Company”, “us” and “our” means NBK Technovations Pvt. Ltd. , having its registered office at 5/3 Jaideep Apartments, Erandwane, Pune -411004;
1.4 “Website” means www.nkb-webmart.com duly owned, operated and maintained by Company in the territory India / Worldwide.
1.5 “Products”shall mean and include sale of Seller’s products, including but not limited to printers and related consumables and other products listed by the Sellers for selling and distributing to the Users on the Platform.
1.6 “Platform” includes but is not limited to the Website, sub-domains, micro-sites, mobile application, WAP sites and other digital platforms owned, operated and maintained by the Company;
1.7 “Users” means the users who subscribe and register on the Platforms for purchasing the Products; 
1.8 “Sellers”shall include the individuals or the entities that offer the Products, through the Platform.


2. INTRODUCTION:


2.1 Welcome to our Platform. If you continue to browse and use this Platform, you are agreeing to comply with and be bound by these terms and conditions (“Terms of Use and Sale”), which together with our privacy policy (“Privacy Policy”) govern the Company's relationship with you. If you disagree with any part of these Terms of Use and Sale, you may not use this Platform in its entirety.
2.2 This Term of Use is an electronic record in terms of Information Technology Act, 2000 and generated by a computer system and does not require any physical or digital signatures. This Terms of Use and Sale 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 and Sale for access or usage of the Platform.


3. TERMS OF USE



3.1 USER ACCOUNT 



3.1.1 In order to purchase the Products offered on this Platform, you are required to register and create a User Account with password (“User Account”). At the time of registration, you shall be required to share certain information such as name, mobile no., address, city, state, email Id and any other information as covered and mentioned in our Privacy Policy (“Personal Information”) with the Company. After registration You would receive an activation link in your email address provided to us. On clicking this link your User Account would get created. You understand that only upon the creation of User Account, You would be in a position to buy or purchase the Products offered on the Platform.
3.1.2 You undertake and represent that the Personal Information provided is accurate, complete, and updated. Failure to do so shall constitute a breach of the Terms of Use and Sale, which may result in immediate termination of your User Account. You are responsible for maintaining the confidentiality of the User Account, the Company shall not be liable in the event a third party interferes with your User Account. In case you forget password, on your request we will send a new password at the email address provided by you during the registration.
3.1.3 You understand and acknowledge that the Company shall follow standard industry practices with regards to collection of Personal Information as has been exhaustively covered in our Privacy Policy and the Company shall not be responsible for authenticating the Personal Information submitted by you for purchasing the Products offered on the Platform.
3.1.4 In the event, you wish to delete your User Account, you may do so, in such an event all your Personal Information shall be deleted.
3.1.5 Company reserves the right to store the information and data provided by you for the purposes of providing the Products.
3.1.6 The Company reserves the right in its sole discretion to accept/refuse /reject registration or cancel User Account without obligation of explanation. 
3.1.7 You will immediately notify the Company in writing of any unauthorized use of your User Account, or any other breach of security or other known account-related security breach. 
3.1.8 Any conduct of a User that is in Company’s exclusive discretion, a breach of the Terms of Use and Sale or which restricts or inhibits any other Users from using or enjoying this Platform or is in violation of any law or public policy, is strictly prohibited. 
3.1.9 Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section or for any losses occurring thereto. You, as the User, waive any claims against the Platform for any loss and damage suffered by you on account of your failure to comply with the Terms of Use and Sale.
3.1.10 The foregoing provisions apply equally to and are for the benefit of the Company, its subsidiaries, business associates, Sellers and third party content providers, and each shall have the right to assert and enforce such provisions directly or on their own behalf.


3.2 SERVICES:


The Website is only a Platform that can be accessed and used by the Users to reach a larger base of Sellers to buy Products. It is an intermediary that (a) provides a platform for Seller to advertise, exhibit, make available and offer to sell various Products to other Users, and (b) a platform for the Users to accept the offer to sell the Products made by the Sellers and to make payments to the Sellers for purchase of the Products, and (c) services to facilitate the engagement of buyers and sellers to under commerce on the Platform, and (d) such other services as are incidental and ancillary thereto. Company is only providing a platform for communication and it is agreed and understood by the Users, that the contract for sale of any of the products shall be a strictly bipartite contract between the Seller and the Buyer. Company does not hold any title, right or interest in the Products listed on the Platform. We expressly disclaim all obligations and liabilities emanating from an agreement between you and the Sellers on the Platform. The obligations and liabilities between You and the Seller are captured under the section of “Terms of Sale”, herein below. 


3.3 PLATFORM USE:



3.3.1 You agree to have read, understood and conveyed acceptance to be bound by these Terms of Use and Sale. You understand that it is your responsibility to check these Terms of Use and Sale carefully before the Use of the Platform and to be aware about the changes, amendments made to these Terms of Use and Sale from time to time. You shall use the Platform at your own risk.
3.3.2 A User is restrained from creating more than one User Account or assigning or transferring User Account to any third party, without the prior written consent of the Company.
3.3.3 If you, as an individual, purchase the Products provided by the Platform on behalf of a company or legal entity, you represent that you have the authority to bind such entity to these Terms of Use and Sale.  It is your sole responsibility to determine whether your purchase of the Products is lawful, and you must comply with all applicable laws in purchasing the Products. Company shall not be under any obligation to verify your authority, on behalf of a company or a legal entity.


3.4 DATA SECURITY AND OWNERSHIP


3.4.1 You agree and undertake not to reverse engineer, modify, copy, post, distribute, transmit, display, perform, reproduce, publish, re-publish, license, create derivative works from, transfer, or sell any material, service or feature, information, software obtained from the Platform. It is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Platform is not permitted.
3.4.2 All materials on this Platform, including but not limited to images, sound, audio, music, video, graphics, software, text, icons, underlying source code, software scripts etc. (the “Content”), belong to either the Platform or the Sellers and suppliers, as the case may be and are protected by relevant Intellectual Property Right laws. There are a number of proprietary logos, copyrights, know-how, patents, trade secrets, designs, layout, models, goodwill, service marks and trademarks on this Platform whether owned/used by Company or otherwise. By displaying them on this Platform, Company is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use or attempt to use the Content may violate copyright laws, trademark laws, the laws of privacy, and civil and criminal statutes. 


3.5 THIRD PARTY CONTENT



3.5.1 General third party information such as, product catalogues, product description and specifications, lists of dealers, reports on news, and features, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources is made available on the Platform ("Third Party Content"). The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable or provided by the sellers in the process of advertising, exhibiting and offering to sell the Products on the Platform. All Third Party Content is provided on an 'As Is' basis. Company may not own / have the rights and title to any such Third Party Content, or warrant or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. Company shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content.
3.5.2 In the event any Third Party Content contains links to third party websites, and You visit any such external link, You agree to do so at your own risk, responsibility and liability. Company makes no warranty or representation regarding, and does not endorse, any website linked to the Platform/ services or the information appearing thereon or any of the products described thereon.


3.6 USE OF MATERIALS:



3.6.1 You understand and take full responsibility of all payments made through your User Account for the Products offered by the Platform. You understand that the Company shall not be obligated or liable for any and all payments including but not limited to fraudulent payments that may take place through your User Account.
3.6.2 The Products or any other materials displayed on Platform including but not limited to design, layout, features and other elements of the Platform, are protected by intellectual property rights and may not be copied or imitated in whole or in part. 
3.6.3 The Product catalogues or any other materials available on the Platform may not be copied or retransmitted, without the express written permission of the Company.
3.6.4 Any software, application available on the Platform is the sole property of Company or its Sellers. You may not use, download or install any software available at the Platform, unless otherwise expressly permitted by these Terms of Use and Sale or by the express written permission of the Company.
3.6.5 Use of Productsoffered on the Platform are strictly for personal use of the Users. The Users cannot resell, distribute, market or make available the Products to any third party. 


3.7 ANTI SPAM POLICY 



3.7.1 You agree and undertake that while accessing or using the Platform, you shall not host, display, upload, modify, publish, transmit, update or share any information which:
a. belongs to another person and to which You do not have any right to;
b. is misleading in any way;
c. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, hatred or physical harm of any kind against any group or individual;
d. harasses or advocates harassment of another person;
e. infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity]
f. Indulge in creating or sending SPAM, junk e-mails, chain letters, duplicative or unsolicited messages, letters, comments, more prominently called "spamming" or "phishing"; 
g. Transmit, distribute or upload programs, files or materials that contain corrupted files, malicious code, including but not limited to viruses, worms, Trojan horses, spyware, or any other similar software or other potentially harmful programs or other material or information that damages or may damage the operation of the Platform or server;
h. Upload, download, post or distribute any data, information, file, software, content or other material that is protected by intellectual property laws thatis not developed by you and for which you do not have the rights and necessary consents, licenses and approvals to use;
i. defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate anybody or any entities with real or fake identity or any combination of both or anything that will give rise to civil or criminal liability or otherwise violate the legal rights of others; 
j. post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; 
k. falsify or delete any author attributions, legal or other notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; 
l. Modify, disrupt, impair, alter or interfere with the use, features, functions, access, operation, system, network or maintenance of the Platform or any other usage in an inappropriate manner;
m. violate any applicable laws or regulations for the time being in force in or outside India;
n. engage in any activity that interferes, intercepts with or disrupts access to the Platform (or the servers and networks which are connected to the Platform);
o. use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform; 
p. use the Platform or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use and Sale, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company or other third parties; 
q. You will not do anything that will affect reputation of the Platform or any other party in whatsoever manner;
r. You will not violate any code of conduct or other guidelines, which may be applicable for or to any particular Product;
s. You will not violate the terms of the Agreement.

3.7.2 You will not attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any Company server, or to any of the services offered on or through the Platform, by hacking, password mining or any other illegitimate means
3.7.3 Company shall have the right to monitor the content of the Platform at all times, to determine compliance with these terms and any rules, code formulated by the Company and all applicable laws, rules and regulations. 
3.7.4 Without limiting the foregoing, Company shall have the right to remove any material that Company, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
3.7.5 Company reserves right to prevent any person from using the Platform at any point of time.

3.8 ADVERTISEMENTS


3.8.1 The Platform may post, display, publish or provide advertisements at various places on the Platform. 
3.8.2 If you access any of these advertisements the terms and conditions of those links will govern your usage.
3.8.3 These advertisements might set cookies on their websites which may use your data, information for various other links. 
3.8.4 You are advised to refer to the relevant terms and conditions the respective advertisements to know more about their practice.
3.8.5 The Company does not endorse or recommend or market or warranty the advertisements, or quality, suitability, merchantability, fitness, commitment, reasonability of the products offered by such links.
3.8.6 The Company shall not be responsible for any of these advertisements. 


3.9 REPRESENTATION AND WARRANTY 


3.9.1 You represent and warrant that:
a. You are eligible to use the Platform, under Indian Law.
b. Your age is at least 18 years or above or you are of the age of majority according to the jurisdiction in which you live. 
c. Your feedback does not contain any confidential or proprietary information, belonging to you or any other third party; Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; 


3.9.2 You agree and acknowledge that:

a. Company makes no representations about the accuracy or suitability of the information provided on its Platform. 
b. Company excludes all warranties whether express, implied, statutory or otherwise, relating in any way to the Platform or use of the Platform.
c. The User shall bear all liabilities of whatsoever nature in respect of any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data) however caused by, arising from or in connection with any use of the Platform or the information on or accessed through it.
d. Company does not warrant that the Platform may serve your purpose and is fit for your Use. 
e. User understands and acknowledges that we do not warrant that advice or information given by Platform is complete, correct, exhaustive and appropriate. We also need to make you aware that although we provide appropriate firewalls and protections, but our systems are not hack proof. While we try to offer reliable data, we cannot promise that it will always be accurate and up-to-date.

3.9.3 Under no circumstances Company will be liable for any loss or damage caused by the Users’ reliance on information obtained through the Platform. It is the responsibility of Users to evaluate the accuracy, completeness or usefulness of any information, opinion, advice etc. or other content available through the Platform.


3.10 INDEMNIFICATION


You agree to indemnify, defend and hold Company, its parents, subsidiaries, affiliates, associates, successors, assigns and licensors or any of their respective officers, directors, employees, agents, vendors, licensors, representatives, advertisers, Sellers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including attorneys' fees), arising out of the Use of the Platform or resulting from any i) breach or violation of these Terms of Use and Sale by you, or due to your activities related to the Platform or due to any breach of applicable laws ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform; or (iii) any claim that any Third Party Content / content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.


3.11 DISCLAIMER AND LIMITATIONS OF LIABILITY


THE PLATFORMS, CONTENTS, MATERIALS, PRODUCTSARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTEE OR ASSURANCE THAT ALL FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE AND SHALL NOT BE LIABLE FOR, THE SELLER OR ANY SUCH THIRD PARTIES, THEIR PRODUCTS, INCLUDING REPRESENTATIONS RELATING TO MERCANTIILITY, FITNESS OF A PRODUCT OR SERVICE FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMNET OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. ANY TRANSACTIONS THAT BUYER MAY HAVE WITH SUCH THIRD PARTIES ARE AT BUYER’S OWN RISK. 

THE PLATFORMS ARE NOT HACK PROOF. THE DATA MAY GET PILFERED, DAMAGED, LOST, GARBLED OR BECOME USELESS. WITHOUT LIMITING THE FOREGOING, THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO YOUR DATA, QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SAFETY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE PLATFORM INCLUDING, WITHOUT LIMITATION, POSTINGS AND MATERIALS ASSOCIATED WITH YOUR USE OF THE PLATFORM, OR YOUR OWN INFORMATION AND DATA THAT YOU VOLUNTARILY SHARE ON THE PLATFORM.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE PLATFORM, COMPANY AND THEIR SUCCESSORS AND ASSIGNS, OR ANY OF THEIR AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, OPERATIONAL SELLERS, ADVERTISERS, OR VENDORS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE PRODUCTSOR THE PLATFORM, OR FOR THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, PRODUCTSPROVIDED THROUGH THE PLATFORM, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

COMPANY SHALL NOT BE RESPONSIBLE FOR THE DELAY, INTERRUPTION OR INABILITY TO USE THE PLATFORM OR FAILURE TO PROVIDE THE PRODUCTS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, COMPANY SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE PLATFORM DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE PLATFORM THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND COMPANY’S CONTROL. 

NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT OR OTHERWISE, THE MAXIMUM LIABILITY OF THE COMPANY FOR DIRECT DAMAGES UNDER THIS AGREEMENT SHALL NOT EXCEED RUPEES THOUSAND (RS.1000/-).


4 TERMS OF SALE


4.1 Transaction between Seller and Buyer

a. All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to Products and after sales services related to Products. Company does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
b. Company does not make any representation or Warranty as to specifics (such as quality, value, salability, etc.) of the Products proposed to be sold or offered to be sold or purchased on the Platform. Company does not implicitly or explicitly support or endorse the sale or purchase of any Products on the Platform. Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties, in relation to the Products, offered through the Platform. 
c. Company is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Company cannot and does not guarantee that the concerned Buyers and/or Sellers will necessarily perform any transaction concluded on the Platform. Company shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
d. Company does not at any point of time during any transaction between Buyer and Seller on the Platform come into or take possession of any of the Products offered by Seller nor does it at any point gain title to or have any rights or claims over the Products offered by Seller to Buyer.
e. At no time shall Company hold any right, title or interest over the products nor shall Company have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. 

4.2 Our Platforms facilitates to offer the Products to the Users. The services offered are more particularly described below:

a. The Sellers registered with us, shall list all the details such as quality, quantity, pricing, availability of the Products and other details of the Sellers and Products on the Platform. The User may place an order for the Products through the User Account, by making payments through available payment modes available on the Platform. 
b. The Users shall have the option to browse, search the product catalog and place order(s)on the Platform, based on the list of the details of the Products displayed by the Sellers on the Platform;
c. The Orders placed with us, by the Users, are subject to availability, delivery capacity and acceptance by us and the Seller. User understands that we would place corresponding orders on the Sellers, once we receive the Orders from the Users.
d. Users understand and acknowledge that the Products are manufactured, created, developed and prepared by the Sellers and delivered by the Company. The Company shall be under no obligation, liability or responsibility whatsoever in respect of any loss or damage arising directly or indirectly out of use or consumption of the Products by the Users;
e. The Users further understand and acknowledge that Company’s delivery of the Products depends on the Seller’s delivery and completion of the Products;
f. Company reserves the right to prevent you from using the Platform. Company may also at its sole discretion, prevent you from making any transaction on the Platform;

4.3 Purchase and Delivery of Products

a. The Products are provided by the Sellers listed on the Platform, upon the acceptance of your order. You acknowledge that the delivery of the Products to you, is dependent on the Seller’s timely delivery to the Company. 
b. You understand and acknowledge that Products are manufactured, created, developed and prepared and sourced by the Sellers and the Company is a mere facilitator of the same. The Sellers or the Company may, at its discretion, discontinue the provision of certain Products on the Platform.
c. The Company shall not be responsible for any claims related to the quality of the Products.
d. You also understand and acknowledge that if the business engagement between Seller and the Company is terminated, the Products offered by the respective Seller, shall not be available on the Platform.
e. There are various delivery models for delivery of Product purchased by You, based on the business engagement between the Company and the Seller. You understand that, the Company is in no way liable and it is the sole responsibility of the Seller to represent and warrant that the Products being delivered are not faulty and are exactly the same as those Products, listed and advertised by Seller on the Platform and purchased by the Buyer and shall meet all descriptions and specifications as provided on the Platform, based on these representations of the Seller the Company has listed the Products on the Platform.
f. All Products purchased by the User shall be delivered by courier services either through the logistic service provider or by the Seller itself. As Company is merely an intermediary Company disclaims all claims and liabilities arising out of delivery of Products. You understand that the Seller shall be liable for the loss, damage or deterioration of the products or any liability arising thereof during the course of delivery. We do not guarantee the delivery of Products within a fixed period of time. However, upon the acceptance of order, we would provide an estimated time of delivery, which may alter or change due to any unforeseen circumstances. Company shall not be liable for any loss or damage, including but not limited to, mental agony suffered by the User due to such delay. 
g. The title of the Products shall pass to the Buyer from Seller upon delivery of such Product and upon full payment of price of the Product. Upon delivery of Product the risk of loss shall pass on to the Buyer.
h. The Company has the right to cancel any sale transaction, listing of Products or acceptance of Products for any reason in accordance with the Seller Agreement, these Terms of Use and Sale, Privacy Policy or under any other contract between the Company and Seller or under an order or instruction from statutory or judicial authority.
i. If in case the Buyers do not accept the Products delivered to them, Seller may have sole discretion to cancel the order and refund the payment to the User, if applicable.
j. In case there are multiple Products placed by the User, Company shall deliver such Products based on the availability of the stock and may not be delivered simultaneously or will be delivered separately. Company is not responsible for unsatisfactory or delayed delivery of Products or damages or delays as a result of Products which are out of stock, unavailable or back ordered.
 

4.4 Standard terms and conditions for Products: In respect of purchasing the Products, the following shall constitute as standard terms and conditions: 

a. Company shall not be responsible for the quality, quantity, specifications, term of warranties of the Products, and the same shall be the sole responsibility of the Seller. 
b. It is at the sole discretion of the Company to determine whether a Deliverable can be combined with any other service, third party vouchers, coupons, or promotional offers. 
c. Company is not responsible for delay in providing the Products or if the Products are not as per your requirements. 
d. Other than the transactions mentioned herein, any sale, trade or distribution of the Products is strictly prohibited. In the event, the Products are resold or distributed, the Company shall not be liable for any claim which you or the party to whom the Products are sold, shall have in relation to the Products.  
e. Company takes no responsibility for the Products provided by the Seller, and the User takes responsibility for his or her own actions in utilizing the Products. 

4.5 Payment

a. Currently, the Platform is free of cost for the Users for accessing or buying the Products. However, the Company reserves that right to levy certain fees or charges, to the Users, for the use of the Platform or certain features available at the Platform. You agree to pay any such fees, as may be applicable. You understand that the Company may, at any time, charge, modify or waive fees required to use the Platform. Your continued use of the Platform after such change shall be considered to be Your acceptance of such changes, and the applicability of these Terms of Use and Sale to such changes.
b. Prices for Products would be listed on the Platform and are incorporated into these Terms of Use and Sale by reference. Prices are on ‘as is’ basis as provided by the Seller. All prices are inclusive of taxes unless stated otherwise and are in Indian rupees. Prices, Products and services are offered by the respective Seller and may change in accordance with the brand guidelines or other terms and conditions applicable to each Seller. Users further undertake that by initiating a transaction, the User is entering into a legally binding and enforceable contract with the Seller to purchase the products using such payment facilities as may be permitted by applicable laws and as may be accepted by the Platform. 
c. User can pay through various modes of payment:

• Net Banking
• Credit Card
• Debit Card/ATM

Any other mode of payment as may be acceptable to the Company. 
d. We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of a Buyer having exceeded the credit limit with its bank or for any payment issue arising out of the transaction.
e. Use of the payment facilities provided by the Platform shall not render the Platform liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the Products listed on the Platform. The Platform shall not be responsible for any damages, interests or claims arising from not processing a transaction.
f. Every User hereby agrees to provide accurate information, such as credit/debit information for purchasing Products on the Platform.  Every User further warrants that he/she shall not use payment information or instrument that is not lawfully owned by the User. The Platform shall not utilize or share with any third party unless required as per law, regulation or court order or in accordance with the terms of the Privacy Policy. The Platform disclaims all liabilities arising out of loss of any information pertaining to the Confidentiality of the credit/debit card details or pre-paid instrument account. In addition to these Terms of Use and Sale, the terms and conditions of the bank or other financial institution shall also be applicable to every User. The Platform disclaims any liability arising out of declining of payment by such bank or financial institution.
g. The Platform may in its sole discretion impose limits on the number of transaction which an individual holding a financial instrument may use for payment for Products.
h. The Platform is merely a facilitator for providing the User with payment channels through automated online electronic payments (either itself or through Sellers), cash on delivery, collection and remittance facility for the payment of Products purchased by the User on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks (of either the platform or Sellers).

4.6 Return Policy


a. Buyer's Product related complaint for refund or replacement will be processed in accordance with the procedure indicated below. However, in the event of false, frivolous or baseless complaints regarding the delivery or quality of the Products, the Buyer will not be eligible for refund or replacement.
b. Before accepting delivery of any Product, the Buyer shall reasonably ensure that the Product's packaging is not damaged or tampered. Also after accepting the delivery, if the buyer wants to return the product, he has to first intimate to the Company the reason for return within 3 days from the date of delivery.
c. The return process of a Product may be subject to additional terms depending on the nature and category of the Product. Any such additional terms may be specified on the Platform or be intimated by the Seller at the time of purchase of the Product. 
d. In the event the return of a Product is duly accepted by Seller, the value of such Product, as originally paid by Buyer during acceptance of Product, will either be refunded to Buyer either to the bank account provided by the Buyer for such refund, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. The Platform shall have the sole discretion to determine the mode of reversal from the above options.
e. Buyer agrees that if the returned Product is not accepted by the Seller then the Platform shall have the right to liquidate or sell those Products and give all the valid title, rights and interests including warranties and other collaterals and benefits associated with those Products (as the Buyer would have received from the Seller) to any third party to whom those Products are sold.


4.7 Cancellation Policy


a. Cancellation by Seller

There may be certain orders that Seller is unable to accept and has the right to cancel either by the Seller directly or through the Platform. Seller reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in Buyer's order being cancelled include, without limitation, non-availability of the Product or quantities ordered by Buyer or inaccuracies or errors in pricing information. Seller may also require additional verifications or information before processing any order. All such cancellation shall be without any recourse to Buyer and without any liability to the Seller or to the Company. If Buyer's order is cancelled, after the payment has been processed, the said amount will be reversed / remitted to the Buyer either to the bank account provided by the Buyer for such reversal, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. The Company shall have the sole discretion to determine the mode of reversal from the above options. In the event a promotional code is applied by the Buyer for the purchase of the Product, the amount under such promotional code shall not be refunded in case of cancellation of order.

b. CANCELLATION BY BUYER

In case of requests for order cancellations by the Buyer, Seller reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Seller receives a cancellation notice and the order has not been processed, Seller may cancel the order and refund the entire amount to Buyer within a reasonable period of time. Seller will not be able to cancel orders that have already been processed by the Seller. Buyer agrees not to dispute the decision made by Seller and accept Seller's decision regarding the cancellation.

In case the Buyer has availed any benefit under any marketing or promotions provided by the Platform in relation to the Products for which the order has been cancelled by the Buyer or by the Seller, Buyer agrees and authorizes the Company or the Platform to recover such benefits from the Buyer or set-off the same from any refunds to the Buyer.

4.8 Representation and Warranties


a. Seller represents and warrants to the Buyer that:
i) Seller has right to sell the Products through the Company’s Platform.
ii) Seller shall provide warranties and other collaterals as applicable to Product at the time of delivery of Product.
iii) Product shall meet the description and specification as provided on the Platform.

4.9 Indemnification


As the case may be, Seller and Buyer hereby agrees to indemnify and save Website or the Company, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of sale and purchase of Products on the Website.

4.10 Disclaimer and Limitation of Liability

THE PRODUCTS SHALL BE SUBJECT TO SELLER'S TERMS AND CONDITIONS FOR WARRANTY, SERVICE AND MAINTENANCE, AND COMPANY DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. COMPANY ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY THE BUYER.
COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ILLEGAL, FAKE, DUPLICATE, EXPIRED, DEFECTIVE PRODUCTS OR IF THE PRODUCT PURCHASED BY BUYER FROM THE SELLER IS NOT EXACTLY AS PER THE SPECIFICATIONS DETAILED IN THE ORDER. COMPANY SHALL NOT BE RESPONSIBLE FOR OFFER OF SALE OF PRODUCT BY THE SELLER TO THE BUYER, ITS SALE PRICE, PRODUCT DESCRIPTION, DELIVERY, AVAILABILITY OF PRODUCT, THE WARRANTY TERMS (IF ANY), RETURN, REFUND OR CANCELLATION OF THE PURCHASE OF ANY PRODUCTS.

USE OF PRODUCTS IS ENTIRELY AT USER’S OWN RISK AND COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, MONETARY OR ANY OTHER DAMAGES, FEES, FINES, PENALTIES OR LIABILITIES WHATSOEVER ARISING OUT OF OR RELATING TO A USER’S USE OF PRODUCTS.

NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT OR OTHERWISE, THE MAXIMUM LIABILITY OF THE COMPANY FOR DIRECT DAMAGES UNDER THIS AGREEMENT SHALL NOT EXCEED RUPEES THOUSAND (RS.1000/-).

5 FORCE MAJEURE


Without limiting the foregoing, under no circumstances shall the  Company be held liable for any damage or loss, penalty due to delay or deficiency in performance of the Platforms or availability of the Products,  resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, change in law, government regulations, computer equipment failures, telecommunication failures, major electricity failures, internet outage, downtime, floods, storms, accident, civil disturbances, riots, strikes, shortages of labor, fluctuations in heat, light, fire or air.

6. AGREEMENT


6.1 These Terms of Use and Sale along with the Privacy Policy contain the sole legal understanding and agreement between you and Company and supersedes any and all prior understandings. 
6.2 We reserve the right to terminate these Terms of Use and Sale, without prejudice to any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
6.3 Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of these Terms of Use and Sale; however, no action arising out of these Terms of Use and Sale or your use of the Platform, regardless of form or the basis of the claim, may be brought by you more than 2 (two) months after the cause of action has arisen (or if multiple causes, from the date the first such case arose). In case you wish to terminate these Terms of Use and Sale, you may discontinue with your registration with us. 

7 NOTICE:


All notices of Company will be served by email or by general notification on the Platforms. Any notice provided to Company pursuant to these Terms of Use and Sale should be sent to support services, email id of the Company or registered office address of the Company.



8 CHANGES:


We have and continue to have the right to modify, change, substitute, remove, suspend or update these Terms of Use and Sale or any information in it at any time by sufficiently highlighting on the Platforms about such change. Such changes shall be effective immediately upon posting to the Platforms. We assume no responsibility for functionality which is dependent on your browser or other third party software to operate. For the avoidance of doubt, we may also withdraw any information from the Platforms at any time.

9 APPLICABLE LAW


These Terms of Use and Sale shall be governed by and interpreted and construed in accordance with the laws of India. The courts in Pune shall have exclusive jurisdiction in respect of any matters arising here from.

10 DISPUTE RESOLUTION


10.1 In the event any dispute arises out of or in connection with the Terms of Use and Sale herein, including the validity hereof, the parties hereto shall endeavor to settle such dispute amicably in the first instance. The attempt to bring about an amicable settlement shall be treated as having failed as soon as one of the parties hereto, after reasonable attempts, which shall continue for not less than 15 (Fifteen) calendar days, gives a notice to this effect, to the other party in writing.
10.2 In case of such failure, the dispute shall be referred to a sole arbitrator, who shall be appointed by the Company. The arbitration proceedings shall be governed by the Indian Arbitration and Conciliation Act, 1996 and shall be held in Pune. The language of arbitration shall be English.

11 USERPROTECTION PROGRAM


11.1 The Platform provides for resolution of complaints/disputes between the Buyers and Sellers to successfully resolve a dispute regarding refund or replacement or non-delivery of a Product.
11.2 Users understand that any such complaints could be conveyed through an email on the details provided below. The Company shall endeavor to address such complaints within 5 days from the date of receipt of the email. 
11.3 The User can also write to customercare@nkb-webmart.comif the issue with the Seller remains unresolved.
11.4 The Platform’s Users support team shall provide reasonable assistance and take such relevant actions against the Seller as it, at its sole discretion may deem fit.

12 GENERAL PROVISIONS


12.1 These Terms of Use and Sale will continue to apply until terminated by either You or Company in accordance with the terms set out below:

a. The agreement with Company can be terminated by (i) not accessing the Platform; or (ii) closing Your Account, if such option has been made available to You.
b. The above clause shall also apply to any additional terms applicable to the use of the Platform and Company reserves the right to terminate access to the Platform(including any services offered as part thereof);
c. Notwithstanding the foregoing, these provisions set out in these Terms of Use and Sale which by their very nature survive are meant to survive termination, shall survive the termination / expiry of this agreement.
12.2 You agree that if Company does not exercise or enforce any legal right or remedy which is contained in these Terms of Use and Sale, this will not be taken to be a formal waiver of Company’s rights and that those rights or remedies will still be available to Company.
12.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision contained under these Terms of Use and Sale are invalid, then that provision will be removed from the Terms of Use and Sale without affecting the rest of the Terms of Use and Sale. The remaining provisions of these Terms of Use and Sale will continue to be valid and enforceable.
12.4 If any one or more of the provisions of these Terms of Use and Sale is or becomes invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions will not in any way be affected, prejudiced or impaired.
12.5 You cannot assign or otherwise transfer these Terms of Use and Sale, or any rights granted hereunder to any third party. 
12.6 You agree that any violation by you of these Terms of Use and Sale will constitute an unlawful and unfair business practice, and will cause irreparable harm, for which monetary damages would be inadequate, and you consent to Company obtaining any injunctive or equitable relief that Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Company may have at law or in equity.


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