1. What is this Document?
1.2. The Agreement, inter alia, provides the terms that govern your access to use (i) Niraamaya’s website www.Niraamaya.com, and its mobile and tablet applications (“Platforms”), (iii) Niraamaya’s online lifestyle, fashion and electronics solutions, which inter alia facilitates sale and purchase of electronics, and lifestyle and fashion merchandise (“Products”) through the Platforms, and (iv) the purchase of Products, and any other service that may be provided by Niraamaya from time to time (collectively referred to as the “Services”).
1.3. You hereby understand and agree that the Agreement forms a binding contract between Niraamaya and anyone who accesses, browses, or purchases the Products and uses the Services in any manner (“User”) and accordingly, you hereby agree to be bound by the terms contained in the Agreement. If you do not agree to the terms contained in the Agreement, you are advised not to proceed with purchasing the Products or using the Services. The terms contained in the Agreement shall be accepted without modification. The use of the Services would constitute acceptance of the terms of the Agreement.
2. Terms and Conditions Applicable to Users
2.1. Users must be 18 years of age or older to register, or visit or use the Services in any manner. By registering, visiting or using the Services, you hereby represent and warrant to Niraamaya that you are 18 years of age or older, and that you have the right, authority and capacity to use the Services, and agree to abide by the Agreement. If a User is below 18 years of age, it is assumed that he/she is using/browsing the Platforms under the supervision of his/her parent or legal guardian and that such User’s parent or legal guardian has read and agrees to the terms of this Agreement, including terms of purchase of Products, on behalf of the minor User. Should Niraamaya be made aware that a User is under the age of 18 and is using/browsing the Platforms without the supervision of his/her parent or legal guardian, Niraamaya reserves the right to deactivate such User’s account without further notice.
2.2. The Agreement is governed by the provisions of Indian law, including, but not limited to:
2.2.1. the Indian Contract Act, 1872;
2.2.2. the Information Technology Act, 2000;
2.2.3. the rules, regulations, guidelines and clarifications framed thereunder, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPI Rules”) and;
2.2.4. the Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Rules”).
2.3. The contents of Services, information, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on the Platforms or any of the other Services are the property of Niraamaya, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors and sister companies, as the case may be (“Niraamaya Content”), and are protected under copyright, trademark and other applicable laws. You shall not modify the Niraamaya Content or reproduce, display, publicly perform, distribute, reverse engineer or otherwise use the Niraamaya Content in any way for any public or commercial purpose or for personal gain.
2.4. Niraamaya authorises you to view and access the Niraamaya Content solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with Return and Refund Policy, if any. Niraamaya, therefore, grants you a limited, revocable permission to access and use the Services. This permission does not include a permission for carrying out any resale of the Products or commercial use of the Niraamaya Content, any collection and use of product listings, description, or prices, and, any derivative use of the Platforms or of Niraamaya Content.
2.5. As means to assist the Users in identifying the Products of their choice, Niraamaya provides visual representations on the Platforms including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, Niraamaya disclaims any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to Users. The appearance of the Product when delivered may vary for various reasons.
2.6. Users may make purchases on the Platforms. For the purposes of identifying a User, Niraamaya may, from time to time, collect certain personally identifiable information such as your first name and last name, email address, mobile phone number, postal address, other contact information, demographic profile, etc. Users may also register themselves on the Platforms. Registration on the Platforms is one-time and you are required to remember your username and password and keep the same confidential. In the event where you have misplaced your username and password details, you can retrieve and change the same using the “forgot username/password” option on the Platforms.
2.7. The User shall assume all risks, liabilities, and consequences if his/her account has been accessed illegally or without authorisation through means such as hacking and if through such unauthorised access, a purchase of Products has been made through the Services. It is specifically clarified that payments of monies towards any Products purchased through the Services by unauthorised or illegal use of the User’s account shall entirely be borne by the User.
2.8. Display of Products for purchase on the Platforms is merely an invitation to offer. An order placed by a User for purchase of a Product constitutes an offer. All orders placed by Users on the Platforms are subject to the availability of such Product, Niraamaya’s acceptance of the User’s offer and the User’s continued adherence to the terms of the Agreement.
2.9. You agree to maintain and promptly update all data provided by you and to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, incomplete, or if Niraamaya has reasonable grounds to suspect that the information provided by you is untrue, inaccurate, not current, incomplete, or not in accordance with the terms of the Agreement, Niraamaya reserves the right to indefinitely suspend, terminate or block your access to the Platforms, and refuse to provide you with access to the Platforms in future.
2.10. All rights and liabilities of Niraamaya with respect to any Services to be provided by it shall be restricted to the scope of the Agreement. In addition to the Agreement, you shall also ensure that you are in compliance with the terms and conditions of the third parties, whose links are contained/embedded in the Services. It is hereby clarified that Niraamaya shall not be held liable for any transaction between you and any such third parties.
2.11. You understand that on your registration as a User or on your purchase of Products on the Platforms, you may receive text messages and/or emails from Niraamaya on your registered mobile number and/or email address. These messages and/or emails could relate inter alia to your registration, Niraamaya’s acceptance or rejection of your offer to purchase a Product, payment information, Product despatch information, information pertaining to other activities you carry out on the Platforms and information pertaining to the promotions that are undertaken by Niraamaya (or third parties in connection with the Platforms) from time to time. It is specifically clarified that a text message and/or an email confirming the receipt of your order is not an acceptance from Niraamaya that the Product will be delivered. Niraamaya’s acceptance to your offer to purchase shall occur and conclude only when the Products have been despatched by Niraamaya and a text message and/or email confirming such despatch has been sent to you. Niraamaya, at all times, reserves the right to limit the quantity of items in, or cancel an order prior to despatch.
2.12. Any communication from Niraamaya shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the Platforms in the event there is a change. Further, Niraamaya may also send you notifications and reminders with respect to scheduled deliveries of the purchased Products. While Niraamaya shall make every endeavour to share prompt reminders and notifications relating to the delivery of purchased Products with you, Niraamaya shall not be held liable for any failure to send such notifications or reminders to you.
2.13. Niraamaya may, at any time and without having to service any prior notice to you: (i) upgrade, update, change, modify, or improve the Services or a part of the Services in a manner it may deem fit, and (ii) change the contents of the Agreement in substance, or as to procedure or otherwise; in each case which will be applicable to all Users. You hereby agree that this is in the fairness of things given the nature of the business and its operations and you will abide by them. As such, you must keep yourself updated at all times and review the terms of the Agreement from time to time. Such changes shall be made applicable when they are posted. Niraamaya may also alter or remove any content from the Platforms without notice.
2.14. While Niraamaya shall make reasonable endeavours to maintain high standards of security and shall provide the Services by using reasonable efforts, Niraamaya shall not be liable for any interruption that may be caused to your access or use of the Services.
2.15. Access to and registration on the Platforms is free of cost. Although unlikely, Niraamaya may modify the Fee, Payment and Promotions Policy to include a fee on access and browsing of the Platforms, or for use of any new service introduced by Niraamaya without serving prior notice on the Users.
2.16. The Services included on or otherwise made available to the Users through the Platforms are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except if otherwise specified in writing. Niraamaya does not covenant or warrant that:
2.16.1. the Services will be made available at all times;
2.16.2. the Niraamaya Content available on the Platforms is complete, true, accurate or non-misleading; and
2.16.3. the Products are of specified merchantability, merchantable quality and fit for use for a particular purpose.
3. User Covenants and Obligations
3.1. As mandated under the provisions of Regulation 3(2) of the IG Rules, Niraamaya hereby informs you that you are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing any information that:
3.1.1. belongs to another person and to which you do not have any right;
3.1.2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
3.1.3. harms minors in any way;
3.1.4. infringes any patent, trademark, copyright or other proprietary rights;
3.1.5. violates any law for the time being in force;
3.1.6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
3.1.7. impersonates or defames another person; or
3.1.8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
3.2. You are also prohibited from:
3.2.1. violating or attempting to violate the integrity or security of the Platforms or the Niraamaya Content;
3.2.2. transmitting any information on or through the Platforms that is disruptive or competitive to the provision of Services by Niraamaya;
3.2.3. intentionally submitting on the Platforms, false or inaccurate information;
3.2.4. using any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs, Easter eggs, cancel bots, intelligent agents, etc.) to navigate or search the Platforms;
3.2.5. attempting to decipher, decompile, disassemble or reverse engineer any part of the Platforms; or
3.2.6. copying or duplicating in any manner any of the Niraamaya Content.
3.3. You are also obligated to:
3.3.1. refrain from acquiring any ownership rights by downloading the Niraamaya Content;
3.3.2. read the Agreement and agree to accept the terms and conditions set out therein;
3.3.3. refrain from copying or modifying the Niraamaya Content available on the Platforms for any purpose;
3.3.4. comply with all applicable laws in connection with your use of the Platforms;
3.3.5. not refuse the delivery of purchased Products except when damages and deficiencies can be identified upfront at the time of delivery; and
3.3.6. use the Products for personal, noncommercial use.
3.4. You hereby authorise Niraamaya to declare and provide declarations to any Governmental authority on request on your behalf, including that the Products ordered by you are for personal, noncommercial use.
3.5. Niraamaya may disclose or transfer information provided by you to its affiliates in India and other countries, and you hereby consent to such transfer. In terms of the SPI Rules, Niraamaya can transfer sensitive personal data or information to any other body corporate or a person that ensures the same level of data protection that is adhered to by Niraamaya as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Niraamaya or any person on its behalf and the User or where you have consented to such data transfer.
4. Third Party Information
4.1. All information in relation to third parties as available on the Platforms (collectively referred to as “Third Party Information”) are provided solely for your reference. Niraamaya is not endorsing the Third Party Information and is not responsible for any errors and representation nor is it associated with it and you shall access the Third Party Information at your own risk.