TERMS & CONDITIONS
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Last Updated: 20/04/2022
This Terms of Service Agreement (the "Agreement") governs your use of this website, www.nimmiatures.com (the "Website"), Nimmiatures ("Business Name") offer of products for purchase on this Website, or your purchase of products available on this Website.
This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Nimmiatures reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Nimmiatures will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Nimmiatures encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Nimmiatures for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.
Any business affiliated with the Website whether or not included in the Nimmiatures.com web site, you also will be subject to the guidelines and conditions applicable to such service or business.
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this 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.
Content and Intellectual Property
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Nimmiatures or its content suppliers. The compilation of all content on this site is the exclusive property of Nimmiatures. All software used on this site is the property of Nimmiatures or its software suppliers.
Nimmiatures does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that Nimmiatures does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. Nimmiatures does not endorse the contents on any such third-party websites. Nimmiatures is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Nimmiatures grants you a limited permission to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it. This permission does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent ofNimmiatures.com You may not use any proprietary information (including images, text, page layout, or form) of Nimmiatures.com and our affiliates without express written consent. You may not use any Meta tags or any other "hidden text" utilizing Nimmiatures.com name or trademarks without the express written consent of Nimmiatures.com. Any unauthorized use terminates the permission granted by Nimmiatures. You may not use any Nimmiatures.com logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this 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. Nimmiatures.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Reviews, comments, communications, and other content
Nimmiatures is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
You may not copy, reproduce, transmit, distribute, or create derivative works of any content or information without express written authorization from Nimmiatures] or the applicable third party (if third party content is at issue).
Visitors may post reviews, comments, and other content; other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.Nimmiatures.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Nimmiatures.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Nimmiatures.com and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Nimmiatures.com or its affiliates for all claims resulting from content you supply. Nimmiatures has the right but not the obligation to monitor and edit or remove any activity or content. Nimmiatures.com takes no responsibility and assumes no liability for any content posted by you or any third party.
Risk of loss
All items purchased from Nimmiatures.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Nimmiatures and its affiliates attempt to be as accurate as possible. However, Nimmiatures does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Nimmiatures.com itself is not as described, your sole remedy is to return it in unused condition.
Disclaimer of Warranties
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NIMMIATURES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NIMMIATURES MAKES NO WARRANTIES WHATSOEVER INCLUDING BUT NOT LIMITED TO THE FOLLOWING:
THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.
Limitation of Liability
NIMMIATURES’ ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.
NIMMIATURES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
You will release, indemnify, defend and hold harmless Nimmiatures, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products ; (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Nimmiatures. When Nimmiatures is threatened with suit or sued by a third party, Nimmiatures may seek written assurances from you concerning your promise to indemnify Nimmiatures; your failure to provide such assurances may be considered by Nimmiatures to be a material breach of this Agreement. Nimmiatures will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Nimmiatures’ choice at its expense. Nimmiatures will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Nimmiatures against any claim, but you must receive Nimmiatures’ prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
Except where noted otherwise, the list Price displayed for products on the Website, represents the full price of the product and the shipping fees will be separately indicated.
With respect to items sold on the Website, we charge your credit card before your order has entered the shipping process. For any reason if we are not able to ship you products as per your order, we will intimate you electronically and refund the value of the products not available. Any additional Shipping Fees, if applicable, will not be refunded.
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions including Pricing on this Website. Nimmiatures will not entertain any queries with respect to pricing.
Whilst we try and ensure that the details, descriptions and prices of the products displayed on the Website are accurate, errors may occur. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fulfil any order that you may place based on such erroneous, inaccurate or out-of-date information regarding pricing, shipping, payment terms, or return policies.
Nimmiatures reserves the right to recover any difference between in it’s catalogue price and the List Price displayed on the Website in the event of any mispricing.
Force Majeure. Nimmiatures will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. Nimmiatures may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and Nimmiatures and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of Nimmiatures to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
By visiting the Website you agree that the laws of India, under the jurisdiction of the Delhi High Court only, will govern these Conditions of Use and any dispute of any sort that might arise between you and Nimmiatures or its affiliates.
Any dispute relating in any way to your visit to the Website or to products you purchase through the Website shall be submitted to arbitration in New Delhi, India, except that, to the extent you have in any manner violated or threatened to violate Nimmiatures.com intellectual property rights Nimmiatures may seek injunctive or other appropriate relief in any court in India or internationally, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules then prevailing under the Indian Arbitration Act. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
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