NavKshitiz

12. From time to time, you may also receive some marketing material from NAVKSHITIZ PRIVATE LIMITED. If you do not wish to receive such material, you may unsubscribe from mailing list at any time by using the unsubscribe function in the electronic marketing communication or by contacting Customer Care.

13. Any material you post to this Website will be considered non-confidential and non-proprietary. By providing any contributions on this Website, you grant NAVKSHITIZ PRIVATE LIMITED. and its affiliates and service providers, and each of their and NAVKSHITIZ PRIVATE LIMITED’s respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such content or information. By posting any material to this Website, you grant NAVKSHITIZ PRIVATE LIMITED., its third-party service providers who provide content management services, and its retail partners and any person acting on NAVKSHITIZ PRIVATE LIMITED’s or their behalf (collectively, the “Licensed Parties”) a perpetual, non-exclusive, non-revocable, worldwide right to use your contributions in any manner or media, including the right to adapt, modify, create derivative works, sublicense, assign and commercialize in any manner to be determined in the Licensed Parties’ sole discretion.

14. You hereby represent and warrant that (i) you own all rights in and to your contributions, (ii) you have permission from all person(s) appearing in your contributions to grant the rights granted herein; (iii) you are not a minor, and (iv) the Licensed Parties’ use of your contributions as described herein will not violate the rights of any third party or any law. You hereby release, discharge and agree to hold NAVKSHITIZ PRIVATE LIMITED, the Licensed Parties, and any person acting on NAVKSHITIZ PRIVATE LIMITED’s or their behalf harmless from any liability related in any way to the Licensed Parties’ use of your contributions.

15. In no event shall NAVKSHITIZ PRIVATE LIMITED. its subsidiaries, affiliates, associate companies, accountants, advisors, agents, consultants, contractors, partners and/ or suppliers and their respective officers, agents, directors be liable with respect to the Website, products and/ or any services hereunder:

a. for any amount in the aggregate in excess of the price paid by User; or for any indirect, incidental, punitive, or consequential damages of any kind whatsoever including but not limited to loss of use, revenue or profit, good will and/ or other intangible losses arising out of or in any way connected with the use of this Website, Products and/ or the services and/ or the Agreement or with the delay or inability to use this Website, or for any information, materials and/ or Products uploaded, posted, emailed, transmitted and/ or obtained through this Website, or otherwise arising out of the use of this Website, whether based on contract, tort, negligence, strict liability or otherwise, even if Sellers, subsidiaries, affiliates, associate companies, partners and/ or suppliers had been advised of the possibility of damages. If You are dissatisfied with any content of the Website available herein or with any of these Terms & Conditions, Your sole and exclusive remedy is to discontinue using the Website.

b. IN NO EVENT SHALL NAVKSHITIZ PRIVATE LIMITED BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

16. Any purchase of the Products from the Website will be strictly for Your personal use. You hereby expressly agree that any product or services purchased by You will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. You hereby acknowledge that the products purchased are not transferrable to any third party for profit. Accordingly, NAVKSHITIZ PRIVATE LIMITED reserves the right to cancel any orders that classify as 'Bulk Order' as determined by NAVKSHITIZ PRIVATE LIMITED as per certain criteria. Any rewards or benefits provided by NAVKSHITIZ PRIVATE LIMITED and used by You for placing the 'Bulk Order' will not be refunded. An order can be classified as 'Bulk Order' if it meets certain criteria adopted by NAVKSHITIZ PRIVATE LIMITED for the purpose of identifying 'Bulk Order', including but not limited to:

a. Products ordered for commercial resale and not for self-consumption;

b. Multiple items ordered at the same address;

c. Bulk quantity of items ordered;

d. Invalid address given in order details;

e. Any malpractice used to place the order;

f. Multiple items ordered using the same mobile no, email address; or

g. Any other criteria as deemed fit by NAVKSHITIZ PRIVATE LIMITED

17. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, debit card, UPI, wallet payment, Net banking, any other modes of payment available and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and payment details and expiration dates so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

18. You, as a buyer, understand that upon initiating a transaction You are entering into a legally binding and enforceable contract with the NAVKSHITIZ PRIVATE LIMITED to purchase the products and /or services from the seller using the payment facility, and You shall pay the transaction price through Your issuing bank to NAVKSHITIZ PRIVATE LIMITED using payment facility.

19. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

20. While availing any of the payment method/s available on the Website, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

a. Lack of authorization for any transaction/s, or

b. Exceeding the pre-set limit mutually agreed by You and between “Bank/s”, or

c. Any payment issues arising out of the transaction, or

21. You, as a buyer, shall electronically notify payment facility using the appropriate Website features immediately upon delivery or non-delivery within the time period as provided in policies. Non-notification by You of delivery or non delivery within the time period specified in the policies shall be construed as a deemed delivery in respect of that transaction. In case of Cash On Delivery transactions, buyer is not required to confirm the receipt of products or services.

22. NAVKSHITIZ PRIVATE LIMITED reserves the right to impose limits on the number of transactions or transaction price which NAVKSHITIZ PRIVATE LIMITED may receive from on an individual valid credit/debit/ cash card / valid bank account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by the RBI to provide enabling support facility for collection and remittance of payment or by an individual buyer during any time period, and reserves the right to refuse to process transactions exceeding such limit.

23. NAVKSHITIZ PRIVATE LIMITED reserves the right to refuse to process transactions by buyers with a prior history of questionable charges including without limitation breach of any agreements by buyer with NAVKSHITIZ PRIVATE LIMITED or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.

24. NAVKSHITIZ PRIVATE LIMITED may do such checks as it deems fit before approving the receipt of buyers commitment to pay (for Cash On Delivery transactions) transaction price from the buyer for security or other reasons at the discretion of NAVKSHITIZ PRIVATE LIMITED. As a result of such check if NAVKSHITIZ PRIVATE LIMITED is not satisfied with the creditability of the buyer or genuineness of the transaction or other reasons at its sole discretion, NAVKSHITIZ PRIVATE LIMITED shall have the right to reject the receipt of / buyers commitment to pay transaction price. For avoidance of doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for payment, may be disabled for certain account Users, at the sole discretion of NAVKSHITIZ PRIVATE LIMITED.

25. NAVKSHITIZ PRIVATE LIMITED may delay notifying the payment confirmation i.e. informing seller to dispatch, if NAVKSHITIZ PRIVATE LIMITED deems suspicious or for buyers conducting high transaction volumes to ensure safety of the transaction and transaction price. In addition, NAVKSHITIZ PRIVATE LIMITED may hold transaction price and NAVKSHITIZ PRIVATE LIMITED may not inform seller to dispatch or remit transaction price to law enforcement officials (instead of refunding the same to buyer) at the request of law enforcement officials or in the event the buyer is engaged in any form of illegal activity.

26. You acknowledge that NAVKSHITIZ PRIVATE LIMITED will not be liable for any damages, interests or claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price which is beyond control of NAVKSHITIZ PRIVATE LIMITED.

27. Unless otherwise noted, the intellectual property rights in the website and material on the website are owned by NAVKSHITIZ PRIVATE LIMITED and/or its licensors. All intellectual property rights are reserved, subject to the terms of the license below. Subject to the limits set forth below and elsewhere in these Terms of Use, you may browse, download, and print pages, user manuals, or other product information from the website for your own personal use. Republish material from this website (including republication on another website), sell, rent or sub-license material from the website

a. Show any material from the website in public

b. Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose

c. Edit or otherwise modify any material on the website

d. Redistribute material from this website except for content specifically and expressly made available for redistribution

28. This site is controlled and operated by NAVKSHITIZ PRIVATE LIMITED. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of NAVKSHITIZ PRIVATE LIMITED. Modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

29. This Website may contain links to other sites and resources provided by third parties, these links are provided for your convenience only. NAVKSHITIZ PRIVATE LIMITED has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party sites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such sites and will be subject to such site’s terms and conditions.

30. You agree and undertake to indemnify NAVKSHITIZ PRIVATE LIMITED, its group companies and, their respective directors, its officers and representatives from any cost, damage, liability or other consequence of any of the Your actions on the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, NAVKSHITIZ PRIVATE LIMITED cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.

31. The Terms of Use and the Policies shall be construed in accordance with the applicable laws of India. For proceedings arising therein, the Courts at Delhi shall have exclusive jurisdiction.

a. Any dispute or difference either in interpretation or otherwise, of the Terms of Use and other Policies on the Site, between the parties hereto, shall be referred to an independent arbitrator who will be appointed by mutually and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration shall be held in Delhi.

b. Without any prejudice, NAVKSHITIZ PRIVATE LIMITED shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.

c. For disputes relating to orders outside India, International arbitration rules of Indian Arbitration and Conciliation Act 1996 shall apply. The seat and venue of international arbitration shall be Delhi.

32. NAVKSHITIZ PRIVATE LIMITED shall not be liable for any failure and/or delay on their part in performing any of its obligation under this Agreement and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by You by reason there of if such failure and/or delay shall be result of or arising out of Force Majeure Event set out herein. Explanation: "Force Majeure Event" means any event due to any cause beyond the reasonable control of NAVKSHITIZ PRIVATE LIMITED, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake , explosion, acts of God, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government, governmental orders or restrictions breakdown and/or hacking of the Website/ Shop and/or contents provided for availing the products and/or services under the Shop, such that it is impossible to perform the obligations under the Agreement, or any other cause or circumstances beyond the control of NAVKSHITIZ PRIVATE LIMITED which prevents timely fulfillment of obligation of NAVKSHITIZ PRIVATE LIMITED.

33. Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. NAVKSHITIZ PRIVATE LIMITED makes no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and we shall not be responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

34. NAVKSHITIZ PRIVATE LIMITED has the right to terminate, suspend, modify or withdraw the Website and/ or change the Terms anytime with or without notice. Without limiting the foregoing, NAVKSHITIZ PRIVATE LIMITED shall have the right to immediately terminate at any time your use of Website, in the event of any conduct by you, which NAVKSHITIZ PRIVATE LIMITED, in its sole discretion, considers to be unacceptable, or in breach of these Terms or for any other reasons whatsoever.

35. You may terminate these Terms at any time, provided that you discontinue any further use of the Webpage. Nothing herein shall override or prejudice the rights of the owner of this Website and persons deriving rights therefrom, though the liabilities and responsibilities of this Webpage shall be the sole and exclusive to NAVKSHITIZ PRIVATE LIMITED, subject to the rights granted.

36. No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to any of these Terms & Conditions will impair any such right or be construed to be a waiver thereof, and a waiver by us of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in these Terms & Conditions, "including" means "including but not limited to." If any provision of these Terms & Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, then these Terms & Conditions will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, these Terms & Conditions set forth the entire agreement between you and NAVKSHITIZ PRIVATE LIMITED regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You agree that the electronic text of these Terms & Conditions constitutes writing and your assent to the terms and conditions hereof constitutes a "signing" for all purposes.

37. None of the provisions of the Terms of Use shall be deemed to constitute a partnership or agency between You and NAVKSHITIZ PRIVATE LIMITED; and You shall have no authority to bind NAVKSHITIZ PRIVATE LIMITED in any manner whatsoever.

38. Except as explicitly stated otherwise, any notice to NAVKSHITIZ PRIVATE LIMITED shall be given by postal mail at ; Attn: Legal Department, at 212, Ambedkar Colony, Bellary Road, Bytarayanpura,Bangalore,Karnataka-560092 INDIA, (in the case of NAVKSHITIZ PRIVATE LIMITED) or at the email support@navkshitiz.com and in your case to the email address You provide to Us during the registration process (in your case). 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 or updated thereafter. In such case, notice shall be deemed given three (3) days after the date of mailing.

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