Disclamers / Limitation of Liability
The information and services
included in or available may include inaccuracies or typographical
errors. Changes are periodically added to the information herein.
Nirula's may make improvements and/or changes at any time.
Nirula's does not represent or warrant that our service will be
uninterrupted or error-free, that defects will be corrected, or that
the site or the server that makes it available, are free of viruses
or other harmful components. We do not warrant or represent that the
use of the store or the materials made available, will be correct,
accurate, timely, or otherwise reliable. Nirula's shall have no
liability to you for any interruption or delay in access to the site
irrespective of the cause.
The information, services, products and materials contained in this
store are provided on an "as is" basis without warranty of
any kind. Nirula's hereby disclaim all warranties and conditions
with regard to the service, including all implied warranties and
conditions of merchantability, fitness for a particular purpose,
title and non-infringement.
No advice or information, whether oral or written, which you obtain
from us shall create any warranty not expressly made herein.
You understand and agree that any material and/or data downloaded
or otherwise obtained through the use of the service is done at your
own discretion and risk and you will be solely responsible for any
damage to your computer systems or loss of data that results from
the download of such material and/or data.
Price, discounts, schemes, promotions and availability of
information/data are subject to change without notice.
Terms and conditions for purchase made on this site
Nirula's may amend this User
Agreement at any time by posting a revised version on the Website.
The amended version will be effective at the time Nirula's posts it
on the Website.
By accepting this User Agreement, the User has also accepted and
agreed to be bound by these terms and conditions as provided from
time to time in this User Agreement.
Eligibility
Registration and use of the
Website is available only to the persons who are competent to enter
into a contract under under Indian Contract Act, 1872. A minor i.e.
under the age of 18 years is not permitted to be registered as a
member of the Website and shall not place any order for purchasing
any items on the Website. If a minor wishes to purchase an item on
the website, such purchase may be done by its parents or legal
guardian.
Registration Obligations
At the time of registration
as a registered users/member of the website you agree, inter alia,
to:
- Provide true, accurate, current and complete information
about yourself as asked by Nirula's in the registration form.
- You must not include any of your contact details such as
email addresses etc in your User ID; and
- 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 Nirula's has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or
incomplete, or not in accordance with the User Agreement, Nirula's
has the right to indefinitely suspend or terminate your membership
with the Website and refuse to provide you with access to the
Website.
Registered User Obligations
You being a registered user
of the website will always be responsible for:
- Maintaining the confidentiality of your User ID and Password
and for restricting access to your computer, computer system and
computer network, and you shall always be responsible for all
activities that occur under your User ID and Password.
- You shall comply with all applicable Domestic laws, rules and
regulations (including the provisions of any applicable Exchange
Control Laws or Regulations in Force) and International Laws,
Foreign Exchange Laws, Statutes, Ordinances and Regulations
(including, but not limited to Sales Tax/ VAT, Income Tax,
Octroi, Service Tax, Central Excise, Custom Duty, Local Levies)
regarding your use of our service and your purchase of items or
services.
Buying through the Website
All purchase orders placed
through the Website are a firm commitment to purchase. If you are
the purchaser for any item and your purchase order is accepted by
Nirula's, you are obligated to complete the transaction with
Nirula's.
All purchase orders placed through the Website are a firm
commitment to purchase. If you are the purchaser for any item and
your purchase order is accepted by Nirula's, you are obligated to
complete the transaction with Nirula's.
Nirula's strictly recommends you not to place any test or false
purchase orders, as it will put you at substantial personal legal
risk. It is an offence to use a false name, other false personal
information or a known invalid Credit Card to bid. Willfully
entering erroneous or fictitious purchase orders through the website
may result in prosecution by Nirula's. Please be aware that even if
you do not give Nirula's your real name, your Web browser transmits
a unique address to us, which can be used by law enforcement
officials to identify you.
In case of purchase of items which is marked as "non-exportable"
on the Website or it is illegal to export the same and you agree
that the items shall not be exported out of India or otherwise dealt
in any such manner which shall be in contravention of any law for
the time being in force or any rules, regulations, notifications and
orders passed there under.
Limitation of Liability
In no event shall Nirula's
will be liable for any direct, indirect, incidental, special,
incidental, consequential or exemplary damages, including but not
limited to, damages for loss of profits, goodwill, use, data or
other intangible losses arising out of or in connection with the
Website its services or this agreement (however arising, including
negligence).
Nirula's liability in any circumstance is limited to the amount
paid by you to Nirula's. Nirula's make no representations or
Warranties about the accuracy, reliability, completeness, and/or
timeliness of any content, information, software, text, graphics,
links or communications provided on or through the use of the
Website or that the operation of the Website will be error free
and/or uninterrupted. Consequently, Nirula's assumes no liability
whatsoever for any monetary or other damage suffered by you on
account of:
- The delay, failure, interruption, or corruption of any data
or other information transmitted in connection with use of the
Website and which are incorporated by way of reference in this
Agreement.
- Any interruption or errors in the operation of the Website.
You expressly understand and agree that Nirula's shall not be
liable for any direct, indirect, incidental, special,
consequential or exemplary damages, including but not limited
to, damages for loss of profits, goodwill, use, data or other
intangible losses.
- At no time shall any right, title or interest over the items
vest with Nirula's nor shall Nirula's have any obligations or
liabilities in respect of this agreement. Nirula's is not
responsible for unsatisfactory or delayed performance of
services or damages or delays as a result of items which are out
of stock, back ordered or otherwise unavailable. All items are
offered by Nirula's are only for a restricted time and only for
the available supply.
Indemnity
You shall indemnify and hold
harmless Nirula's, subsidiaries, affiliates, third-parties and their
respective officers, directors, agents, and employees, from any
claim or demand, or actions including reasonable attorneys' fees,
made by any third party or penalty imposed due to or arising out of
your breach of the User Agreement or the documents they incorporates
by reference, or your violation of any law, rules or regulations or
the rights of a third party.
Relationship
None of the provisions of the
User Agreement shall be deemed to constitute a partnership or agency
between you and Nirula's and you shall have no authority to bind
Nirula's in any manner whatsoever.
Notice
Except as explicitly stated
otherwise, any notices shall be given by postal mail to Nirula's at
its corporate office and to you at the address and e-mail address
you provide to Nirula's during the registration process. Notice
shall be deemed given 24 hours after email is sent, unless the
sending party is notified that the email address is invalid.
Alternatively, we may give you notice by certified mail, postage
prepaid and return receipt requested, to the address provided to us
during the registration process. In such case, notice shall be
deemed given 3 days after the date of mailing.
Severability
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.
Arbitration
If any dispute arises between
you and Nirula's during your use of the Website or thereafter, in
connection with the validity, interpretation, implementation or
alleged breach of any provision of the User Agreement Terms and
Conditions or the documents they incorporates by reference, the
dispute shall be referred to a sole Arbitrator who shall be an
independent and neutral third party identified by Nirula's. The
place of arbitration shall be Delhi. The Arbitration &
Conciliation Act, 1996, shall govern the arbitration proceedings.
The arbitration proceedings shall be in the English language.
Governing Law
The User Agreement Terms and
Conditions or the documents they incorporates by reference shall be
governed and construed in accordance with the laws of India and will
be in the jurisdiction of the courts of Delhi.
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