Terms & Conditions:
In using the Gizmosnmore.co.in (herein after referred to as “The Site”) Shopping Service by Nyasa Enterprise (herein after referred to as Nyasa), you (The User) are deemed to have accepted the terms and conditions listed below. Nyasa reserves the right to add, delete, alter or modify these terms and conditions at any time. The User is therefore advised to read carefully these terms and conditions each time he or she uses the shopping service(s). All products/services and information displayed on the site constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. Nyasa reserves the right to accept or reject your offer. The agreement between you and the Nyasa is effective upon acceptance in registration for new registering users, Nyasa may amend the User Agreement at any time by posting the amended terms on the Site. All amended terms shall automatically become effective with immediate effect after they are posted on the Site and any subsequent use of the Site shall be governed by such amended terms. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement. If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement. This Agreement shall be subject to the terms and conditions listed below:
1. The user certifies that he/she is at least 18 (eighteen) years of age or has the consent of a parent or legal guardian.
2. If you use the Site, you are responsible for maintaining the confidentiality of your Account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or Password. You agree to: a. Provide true, accurate, current and complete information about yourself as prompted by Nyasa’s registration form (such information being the "Registration Data") b. You must not include any of your contact details such as email addresses etc in your username; and c. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or Nyasa has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Nyasa has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
3. The terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the Shopping services of Nyasa, you agree to be bound by the Terms and Conditions.
4. All prices, unless indicated otherwise are in Indian Rupees.
5. Nyasa reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price. This shall be regardless of whether the order has been confirmed and/or payment been levied via credit card. In the event the payment has been processed by Nyasa the same shall be credited to your credit card account and duly notified to you by email.
6. In a credit card transaction, you must use your own credit card. Nyasa will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user.
7. Any request for cancellations of orders once duly placed on the site, shall not be entertained.
8. In the event that a non-delivery occurs on account of a mistake by the user (i.e. wrong name or address) any extra cost incurred by Nyasa for redelivery shall be claimed from the User placing the order.
9. Nyasa shall not be liable for any delay / non-delivery of purchased goods due to flood, fire, wars, acts of God or any cause that is beyond the control of Nyasa.
10. The User agrees to use the services provided by Nyasa, its affiliates, consultants and contracted companies, for lawful purposes only.
11. Nyasa will not be responsible for any damage suffered by users from use of the services on this site. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action.
12. The User expressly agrees that the use of service(s) of Nyasa Shopping is at the User's sole risk. The Service(s) of Nyasa Shopping is provided on an "as is" basis without warranties of any kind, whether express or implied. Nyasa, its affiliates, employees, agents, consultants, contracted companies make no warranties of any kind, whether expressed or implied, for the service it is providing or as to the results that may be obtained from use of the Service, or as to the accuracy, reliability or content of any information, service, or merchandise provided through this Service.
13. When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
14. We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and Your Information is one of our most important assets. We store and process Your Information on computers located in the India that are protected by physical as well as technological security devices.
15. We encourage buyers on the Site to provide feedback after the transaction has closed, this helps all Users to know what it is like to deal with the site. Please remember that you cannot retract the feedback once you have left it. You should avoid making comments that are not factual in nature.
16. If any dispute arises between you and Nyasa during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Nyasa. The place of arbitration shall be Mumbai. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
17. The User Agreement shall be governed and construed in accordance with the laws of India. |