NAGASERVICE: TERMS OF USE
Welcome to Nagaservice.
This document is an electronic record in terms of Information
Technology Act, 2000 and published in accordance with the provisions of Rule 3
) of the Information Technology (Intermediaries guidelines) Rules, 2011 that
require publishing the rules and regulations, privacy policy and Terms of Use
for access or usage of Nagaservice marketplace platform - www.nagaservice.com (hereinafter referred to as
"Platform")
Your use of the Nagaservice and services and tools are governed
by the following terms and conditions ("Terms
of Use") as applicable to the Nagaservice including the
applicable policies which are incorporated herein by way of reference. By mere
use of the Nagaservice, You shall be contracting with Nagaservice Designs
Private Limited, the owner of the Platform. These terms and conditions
including the policies constitute Your binding obligations, with Nagaservice.
For the purpose of these Terms of Use, wherever the context so
requires "You"
or "User"
shall mean any natural or legal person who has agreed to become a buyer on
Platform by providing data while registering on the Platform as Registered
User. The term "Nagaservice","We","Us","Our" shall mean Nagaservice Designs Private Limited and its
affiliates.
When You use any of the services provided by Us through the
Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews),
You will be subject to the rules, guidelines, policies, terms, and conditions
applicable to such service, and they shall be deemed to be incorporated into
this Terms of Use and shall be considered as part and parcel of this Terms of
Use. We reserve the right, at our sole discretion, to change, modify, add or
remove portions of these Terms of Use, at any time without any prior written
notice to you. You shall ensure to review these Terms of Use periodically for
updates/changes. Your continued use of the Platform following the posting of
changes will mean that you accept and agree to the revisions. As long as you
comply with these Terms of Use, We grant you a personal, non-exclusive,
non-transferable, limited privilege to enter and use the Platform. By impliedly
or expressly accepting these Terms of Use, You also accept and agree to be
bound by Nagaland Service Policies including but not limited to Privacy Policy
as amended from time to time.
1. User
Account, Password, and Security:
If you use the Platform,
You shall be responsible for maintaining the confidentiality of your Display
Name and Password and You shall be responsible for all activities that occur
under your Display Name and Password. You agree that if You provide any
information that is untrue, inaccurate, not current or incomplete, We shall
have the right to indefinitely suspend or terminate or block access of your
membership on the Platform.
You agree to
- immediately
notify Nagaservice of any unauthorized use / breach of your password or
account and
- ensure that you
exit from your account at the end of each session.
2.
Services Offered:
Nagaservice provides a number of Internet-based services through
the Platform. One such Service enables Users to purchase original merchandise
such as clothing, footwear and accessories from various fashion and lifestyle
brands (collectively, "Products"). The Products can be purchased
through the Platform through various methods of payments offered. The sale/purchase
of Products shall be additionally governed by specific policies of sale, like
cancellation policy, exchange policy, return policy, etc. (which are found on
the FAQ tab on the Platform and all of which are incorporated here by
reference). It is clarified that at the time of creating a return request,
users are required to confirm (via a check box click) that the product being
returned is unused and has the original tags intact. If the product returned by
the user is used, damaged or if the original tags are missing, the user’s
return request shall be declined, and the said product shall be re-shipped back
to the customer. In the event that the return request is declined, the user
shall not be eligible for a refund, and Nagaservice assumes no liability in
this regard. Further, in the event that the user fails to accept the receipt of
the said re-shipped product, the user shall continue to be not eligible for a
refund, and Nagaservice assumes no liability with respect to the return or
refund for the said re-shipped product. In addition, these Terms of Use may be
further supplemented by Product specific conditions, which may be displayed
with that Product.
Nagaservice does not warrant that Product description or other
content on the Platform is accurate, complete, reliable, current, or error-free
and assumes no liability in this regard.
3.
Platform for Transaction and Communication:
The Users utilize to meet and interact with one another for
their transactions on the Platform. Nagaservice is not and cannot be a party to
or control in any manner any transaction between the Nagaservice's Users. Hence
forward:
- All
commercial/contractual terms are offered by and agreed to between Buyers
and Sellers alone. The commercial/contractual terms include without limitation
price, shipping costs, payment methods, payment terms, date, period and
mode of delivery, warranties related to products and services and after
sales services related to products and services. Nagaservice does not have
any control or does not determine or advise or in any way involve itself
in the offering or acceptance of such commercial/contractual terms between
the Buyers and Sellers.
- Nagaservice does
not make any representation or Warranty as to specifics (such as quality,
value, salability, etc) of the products or services proposed to be sold or
offered to be sold or purchased on the Platform.
- Nagaservice is
not responsible for any non-performance or breach of any contract entered
into between Buyers and Sellers. Nagaservice cannot and does not guarantee
that the concerned Buyers and/or Sellers will perform any transaction
concluded on the Platform.
- At no time shall
Nagaservice hold any right, title or interest over the products nor shall Nagaservice
have any obligations or liabilities in respect of such contract entered
into between Buyers and Sellers.
- The Nagaservice
is only a platform that can be utilized by Users to reach a larger base to
buy and sell products or services. Nagaservice is only providing a
platform for communication and it is agreed that the contract for sale of
any of the products or services shall be a strictly bipartite contract
between the Seller and the Buyer. At no time shall Nagaservice hold any
any right, title or interest over the products nor shall Nagaservice have
any obligations or liabilities in respect of such contract. Nagaservice is
not responsible for unsatisfactory or delayed performance of services or
damages or delays as a result of products which are out of stock,
unavailable or back ordered.
- Pricing on any
product(s) as is reflected on the Platform may due to some technical issue,
typographical error or product information published by seller may be
incorrectly reflected and in such an event seller may cancel such your
order(s).
- You release and
indemnify Nagaservice and/or any of its officers and representatives from
any cost, damage, liability or other consequence of any of the actions of
the Users of the Nagaservice and specifically waive any claims that you
may have in this behalf under any applicable law. Notwithstanding its
reasonable efforts in that behalf, Nagaservice cannot take responsibility
or control the information provided by other Users which is made available
on the Platform.
4. User
Conduct and Rules on the Platform:
You agree, undertake and confirm that Your use of the Platform shall be strictly governed
by the following binding principles:
- You shall not
host, display, upload, modify, publish, transmit, update or share any
information which:
- belongs to
another person and to which You do not have any right to
- is grossly
harmful, harassing, blasphemous, defamatory, obscene, pornographic,
paedophilic, libellous, invasive of another's privacy, hateful, or
racially, ethnically objectionable, disparaging, relating or encouraging
money laundering or gambling, or otherwise unlawful in any manner
whatever
- is misleading in
any way
- involves the
transmission of "junk mail", "chain letters", or
unsolicited mass mailing or "spamming"
- promotes
illegal activities or conduct that is abusive, threatening, obscene,
defamatory or libellous
- infringes upon
or violates any third party's rights including, but not limited to,
intellectual property rights, rights of privacy (including without
limitation unauthorized disclosure of a person's name, email address,
physical address or phone number) or rights of publicity
- contains
restricted or password-only access pages, or hidden pages or images
(those not linked to or from another accessible page)
- provides
instructional information about illegal activities such as making or
buying illegal weapons, violating someone's privacy, or providing or
creating computer viruses
- contains video,
photographs, or images of another person (with a minor or an adult).
- tries to gain
unauthorized access or exceeds the scope of authorized access to the
Platform or to profiles, blogs, communities, account information,
bulletins, friend request, or other areas of the Platform or solicits
passwords or personal identifying information for commercial or unlawful
purposes from other users
- interferes with
another USER's use and enjoyment of the Platform or any other individual's
User and enjoyment of similar services
- infringes any
patent, trademark, copyright or other proprietary rights or third party's
trade secrets or rights of publicity or privacy or shall not be
fraudulent or involve the sale of counterfeit or stolen products
- violates any
law for the time being in force
- threatens the
unity, integrity, defence, security or sovereignty of India, friendly
relations with foreign states, or public order or causes incitement to
the commission of any cognizable offence or prevents investigation of any
offence or is insulting any other nation
- shall not be
false, inaccurate or misleading
- shall not
create liability for Us or cause Us to lose (in whole or in part) the
services of Our internet service provider ("ISPs") or other suppliers
- A User may be
considered fraudulent or loss to business due to fraudulent activity if
any of the following scenarios are met:
- Users doesn't
reply to the payment verification mail sent by Nagaservice
- Users fails to
produce adequate documents during the payment details verification
- Misuse of
another Users's phone/email
- Users uses
invalid address, email and phone no.
- Overuse of a
voucher code
- Use of a
special voucher not tagged to the email ID used.
- Users returns
the wrong product
- Users refuses
to pay for an order
- Users involved
in the snatch and run of any order
- Miscellaneous
activities conducted with the sole intention to cause loss to
business/revenue to Nagaservice
- User with a
very high return rate
- Repeated
request for monetary compensation for fake/used order
- Nagaservice may
cancel any order that classify as 'Bulk Orders'/'Fraud orders' under
certain criteria at any stage of the product delivery. An order can be
classified as 'Bulk Order'/'Fraud Order' if it meets with the below
mentioned criteria, and any additional criteria as defined by Nagaservice:
- Products
ordered are not for self-consumption but for commercial resale
- Multiple orders
placed for same product at the same address, depending on the product
category.
- Bulk quantity
of the same product ordered
- Invalid address
given in order details
- Any malpractice
used to place the order
- Any promotional
voucher used for placing the 'Bulk Order' may not be refunded
- Any order paced
using a technological glitch/loophole.
- You shall not
use the Platform for any unlawful and fraudulent purposes, which may cause
annoyance and inconvenience and abuses any policy and rules of the company
and interrupt or causes to interrupt, damages the use by other Users of Nagaservice.
- You shall not
use any false e-mail address, impersonates any person or entity, or
otherwise misleads Nagaservice by sharing multiple address and phone
numbers or transacting with malafide intentions.
- We on certain
landing page even allow our Users to experience free exchange of ideas and
observations regarding interest in the field of fashion, including
‘viewing user generated content’ and/or ‘videos’ and ‘posting comments’.
By accessing, viewing and/or posting any user generated content to any
specific dedicated page on the Platform, you accept and consent to the
practices described in these ‘Terms of Service’ and ‘Privacy Policies’, as
well as any other terms of prescribed by the Nagaservice on the Platform.
You agree and undertake that when accessing, viewing and/or posting any
user generated content on these pages You will not imitate, abuse, harass,
any Customer/User or violate and exploit, any of these ‘Terms of Service’
of the Platform.
- You shall not
use any "deep-link", "page-scrape", "robot",
"spider" or other automatic device, program, algorithm or
methodology, or any similar or equivalent manual process, to access,
acquire, copy or monitor any portion of the Platform or any Content, or in
any way reproduce or circumvent the navigational structure or presentation
of the Platform or any Content, to obtain or attempt to obtain any
materials, documents or information through any means not purposely made
available through the Platform. We reserve Our right to bar any such
activity.
- You shall not
attempt to gain unauthorized access to any portion or feature of the
Platform, or any other systems or networks connected to the Platform or to
any server, computer, network, or to any of the services offered on or
through the Platform, by hacking, password "mining" or any other
illegitimate means.
- You may not
pretend that You are, or that You represent, someone else, or impersonate
any other individual or entity
- You shall at all
times ensure full compliance with the applicable provisions of the
Information Technology Act, 2000 and rules thereunder as applicable and as
amended from time to time and also 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 listing,
purchase, solicitation of offers to purchase, and sale of products or
services. You shall not engage in any transaction in an item or service,
which is prohibited by the provisions of any applicable law including
exchange control laws or regulations for the time being in force.
- From time to
time, You shall be responsible for providing information relating to the
products or services proposed to be sold by You. In this connection, You
undertake that all such information shall be accurate in all respects. You
shall not exaggerate or over emphasize the attributes of such products or
services so as to mislead other Users in any manner.
- You shall not
engage in advertising to, or solicitation of, other Users of the Platform
to buy or sell any products or services, including, but not limited to,
products or services related to that being displayed on the Platform or
related to us.
- The Content
posted does not necessarily reflect Nagaservice views. In no event shall Nagaservice
assume or have any responsibility or liability for any Content posted or
for any claims, damages or losses resulting from use of Content and/or
appearance of Content on the Platform. You hereby represent and warrant
that You have all necessary rights in and to all Content which You provide
and all information it contains and that such Content shall not infringe
any proprietary or other rights of third parties or contain any libellous,
tortious, or otherwise unlawful information.
- Nagaservice
hereby disclaims any guarantees of exactness as to the finish, appearance,
size, color etc., of the final Product as ordered by the User. Nagaservice
Return & Exchange Policy offers you the option to return or exchange
items purchased on Nagaservice within the return/exchange period (Please
read the Product Detail Page to see the number of days upto which a
product can be returned/exchanged, post-delivery). In case of return of
the purchased item, please refer to the "Return Policy" on our Nagaservice.
5.
Contents Posted on Platform:
All text, graphics, user interfaces, visual interfaces,
photographs, trademarks, logos, sounds, music and artwork (collectively,
"Content"), is a third party user generated content and Nagaservice
has no control over such third party user generated content as Nagaservice is
merely an intermediary for the purposes of this Terms of Use. Such Content will
become Our property and You grant Us the worldwide, perpetual and transferable
rights in such Content. We shall be entitled to, consistent with Our Privacy
Policy as adopted in accordance with applicable law, use the Content or any of
its elements for any type of use forever, including but not limited to
promotional and advertising purposes and in any media whether now known or
hereafter devised, including the creation of derivative works that may include
the Content You provide.
You may use information on the products and services purposely
made available on the Platform for downloading, provided that You
- do not remove
any proprietary notice language in all copies of such documents,
- use such
information only for your personal, non-commercial informational purpose
and do not copy or post such information on any networked computer or
broadcast it in any media,
- make no
modifications to any such information, and
- do not make any
additional representations or warranties relating to such documents.
6.
Disclaimer of Warranties and Liability:
All the materials and products (including but not limited to
software) and services, included on or otherwise made available to You through
Platform are provided on "as is" and "as available" basis
without any representation or warranties, express or implied except otherwise
specified in writing. Without prejudice to the forgoing paragraph, Nagaservice
does not warrant that: Platform will be constantly available, or available at
all or The information on Platform is complete, true, accurate or
non-misleading.
All the Products sold on Platform are governed by different
state laws and if Seller is unable to deliver such Products due to implications
of different state laws, Seller will return or will give credit for the amount
(if any) received in advance by Seller from the sale of such Product that could
not be delivered to You. You will be required to enter a valid phone number
while placing an order on the Platform. By registering Your phone number with
us, You consent to be contacted by Us via phone calls and/or SMS notifications,
in case of any order or shipment or delivery related updates. We will not use
your personal information to initiate any promotional phone calls or SMS.
7.
Selling:
As a registered seller, you are allowed to list item(s) for sale
on the Platform in accordance with the Policies which are incorporated by way
of reference in this Terms of Use. You must be legally able to sell the item(s)
you list for sale on the Platform. You must ensure that the listed items do not
infringe upon the intellectual property, trade secret or other proprietary
rights or rights of publicity or privacy rights of third parties. Listings may
only include text descriptions, graphics and pictures that describe your item
for sale. All listed items must be listed in an appropriate category on the
Platform. All listed items must be kept in stock for successful fulfilment of
sales. The listing description of the item must not be misleading and must
describe actual condition of the product. If the item description does not
match the actual condition of the item, you agree to refund any amounts that
you may have received from the Buyer. You agree not to list a single product in
multiple quantities across various categories on the Platform. Nagaservice
reserves the right to delete such multiple listings of the same product listed
by you in various categories.
We may provide you alternation services (limited to alteration
of length, alteration of the waist size) for the garments purchased by You from
Us. This service shall be free of cost and no amount would be collected from
You for such alteration. However, a nominal fee as mentioned by Nagaservice at
the time of creating the alteration request (inclusive of service tax) would be
applicable as convenience charge towards pick up and drop of the garments or
towards tailor visit (wherever applicable).
8.
E-Platform for Communication:
You agree, understand and acknowledge that Nagaservice is an
online platform that enables you to purchase products listed on the Platform at
the price indicated therein at any time. You further agree and acknowledge that
Nagaservice is only a facilitator and is not and cannot be a party to or
control in any manner any transactions on Nagaservice.
9.
Indemnity:
You shall indemnify and hold harmless Nagaservice, its owner,
licensee, affiliates, subsidiaries, group companies (as applicable) 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 this Terms of
Use, privacy Policy and other Policies, or Your violation of any law, rules or
regulations or the rights (including infringement of intellectual property
rights) of a third party.
10.
Trademark, Copyright and Restriction:
Platform is controlled and operated by Nagaservice and products
are sold by respective Sellers. All material on Platform, including images,
illustrations, audio clips, and video clips, are protected by copyrights,
trademarks, and other intellectual property rights. Material on Nagaservice 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 the owner, modification of the materials, use of the materials on
any other Nagaservice 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. It is expressly clarified that
You will retain ownership and shall solely be responsible for any content that
You provide or upload when using any Service, including any text, data,
information, images, photographs, music, sound, video or any other material
which you may upload, transmit or store when making use of Our various Service.
However, We reserve the right to use/reproduce any content uploaded by You and
You agree to grant royalty free, irrevocably, unconditionally, perpetually and
worldwide right to Us to use the content for reasonable business purpose.
11.
Limitation of Liability:
In no event shall Nagaservice be liable for any indirect,
punitive, incidental, special, consequential damages or any other damages
resulting from:
- the use or the
inability to use the Services or Products
- unauthorized
access to or alteration of the user's transmissions or data
- breach of
condition, representations or warranties by the manufacturer of the
Products
- any other matter
relating to the services including, without limitation, damages for loss
of use, data or profits, arising out of or in any way connected with the
use or performance of the Platform or Service. Nagaservice shall not be
held responsible for non-availability of the Nagaservice during periodic
maintenance operations or any unplanned suspension of access to the Nagaservice.
The User understands and agrees that any material and/or data downloaded
at Nagaservice is done entirely at Users own discretion and risk and they
will be solely responsible for any damage to their mobile or loss of data
that results from the download of such material and/or data. To the
maximum extend that is permissible under law, Nagaservice’s liability
shall be limited to an amount equal to the Products purchased value bought
by You. Nagaservice shall not be liable for any dispute or disagreement
between Users
12.
Termination:
Nagaservice may suspend or terminate your use of the Nagaservice
or any Service if it believes, in its sole and absolute discretion that you
have infringed, breached, violated, abused, or unethically manipulated or
exploited any term of these Terms of Service or anyway otherwise acted
unethically. Notwithstanding anything in this clause, these Terms of Service
will survive indefinitely unless and until Nagaservice chooses to terminate
them.
- If You or Nagaservice
terminates your use of the Platform or any Service, Nagaservice may delete
any content or other materials relating to your use of the Service and Nagaservice
will have no liability to you or any third party for doing so. However,
your transactions details may be preserved by Nagaservice for purposes of
tax or regulatory compliance.
- Nagaservice may
unilaterally terminate Your account on any event as mentioned in the Terms
Of Use. Any credits earned through loyalty or referral program, Nagaservice
credit and pending refunds if any will be forfeited in such case.
Returns/Refund for such Users shall be at the sole discretion of Nagaservice.
- If You use any
false e-mail address or use the portal for any unlawful and fraudulent
purposes, which may cause annoyance and inconvenience and abuses any
policy and rules of the company or mislead Nagaservice by sharing multiple
address and phone numbers or transacting with malafide intentions then Nagaservice
reserves the right to refuse access to the portal, terminate accounts
including any linked accounts without notice to you.
13.
Jurisdictional Issues/Sale in India Only:
Unless otherwise specified, the material on the Platform is
presented solely for the purpose of sale in India. Nagaservice make no
representation that materials in the Platform are appropriate or available for
use in other locations/Countries other than India. Those who choose to access
Platform from other locations/Countries other than India do so on their own
initiative and Nagaservice is not 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.
14.
Governing Law:
These terms shall be governed by and constructed in accordance
with the laws of India without reference to conflict of laws principles and
disputes arising in relation hereto shall be subject to the exclusive
jurisdiction of courts, tribunals, fora, applicable authorities at Bangalore.
The place of jurisdiction shall be exclusively in Bangalore.
15.
Contacting the Seller:
At Nagaservice, we are committed towards ensuring that disputes
between Sellers and Buyers are settled amicably by way of the above dispute
resolution mechanisms and procedures. However, in the event that You wish to
contact Nagaservice about the seller, You may proceed to do so by clicking on
the seller name on the product listing pages. Alternatively, You may also reach
out to customer support at +91-********** or access help center at https://www.nagaservice.com/contactus
16.
Disclaimer:
You acknowledge and undertake that you are accessing the
services on the Platform and transacting at your own risk and are using your
best and prudent judgment before entering into any transactions through Nagaservice.
We shall neither be liable nor responsible for any actions or inactions of
sellers nor any breach of conditions, representations or warranties by the
sellers or manufacturers of the products and hereby expressly disclaim and any
all responsibility and liability in that regard. We shall not mediate or
resolve any dispute or disagreement between You and the sellers or
manufacturers of the products. We further expressly disclaim any warranties or
representations (express or implied) in respect of quality, suitability,
accuracy, reliability, completeness, timeliness, performance, safety,
merchantability, fitness for a particular purpose, or legality of the products
listed or displayed or transacted or the content (including product or pricing
information and/or specifications) on Platform. While we have taken precautions
to avoid inaccuracies in content, this website, all content, information
(including the price of products), software, products, services and related
graphics are provided as is, without warranty of any kind. At no time shall any
right, title or interest in the products sold through or displayed on Platform
vest with Nagaservice nor shall Nagaservice have any obligations or liabilities
in respect of any transactions on Platform.
Delivery Related - User agrees and acknowledges that any claims
regarding order delivery (including non-receipt/ non- delivery of order or
signature verification) shall be notified to Nagaservice within 5 days from the
alleged date of delivery of product reflecting on the Nagaservice portal. Non
notification by You of non-receipt or non-delivery within the time period
specified shall be construed as a deemed delivery in respect of that
transaction. Nagaservice disclaims any liability or responsibility for claims
regarding non-delivery, non-receipt of order (including signature verification
in Proof of delivery) after 5 days from the alleged date of delivery of product
reflecting on the Nagaservice portal.
17.
Cart Notification
You understand that, in the event selected products in your cart
is out of the inventory, Nagaservice provides You an option in your cart to
select the product of another seller, You understand that price of the product
by another seller may differ.
18.
Multiple Sellers
You understand that products of a particular style may be sold
on the Platform by multiple sellers and the product price on the listing page
of the Platform, may not always reflect the lowest price for that particular
style. This is because the seller whose price is displayed on the list page is
selected based on the application of a number of parameters and price is only
one such parameter. However, once you land on the product display page on the
Platform for a specific style, You will have access to the price offered by all
sellers on the Platform for the relevant style.