TERMS OF USE AND DISCLAIMER - nonuventures.com

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Thank you for visiting www.nonuventures.com (the "Website"), which is owned, operated and managed Nonu Ventures (hereinafter referred to as, "Nonu Ventures" "Company", which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors and permitted assigns).
This Agreement sets forth the following legally binding terms and conditions contained in these Terms of Use, together with any documents incorporate by reference including Privacy Policy available at http://www.nonuventures.com/privacy-policy, and all other operating rules, policies, and procedures that may be published on the Website by the Company, which are incorporated by reference (collectively referred to as the "Agreement"), which govern your access to and use of the Website and any content, functionality, sub-domains and services offered on or through the same.
 

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DEFINITIONS

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The words and phrases used in the Terms of Use are defined as under unless repugnant to the context or meaning thereof:

• “Agreement" shall mean the Agreement between the Company and User with terms and conditions as provided herein and includes the Privacy Policy and all the schedules, appendices and references mentioned herein with all such amendments as effected by the Company from time to time.

• Company" shall mean "Nonu Ventures".

• “eMarketPlace" or "Website" shall mean the online market place designed, developed, owned and operated solely by Nonu Ventures and located at www.nonuventures.com or such other URL as may be specifically provided by Nonu Ventures.

• “Seller" shall mean and include any entity or, person selling, offering for sale, marketing their Products / Services on nonuventures.com eMarketPlace.

• “Product(s)" shall mean all products of Seller offered for sale on the Website for consideration.

• “Service" means collectively any online facilities, tools, services or information that Seller makes available for selling or marketing through the Web Site either now or in the future.

• “User(s)" or "Buyer(s)" shall mean any natural or legal person who accesses, uses, deals with and/or transact at the Website in any way.

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ACCEPTANCE OF TERMS OF USE

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• The Agreement between the Company and the User is an electronic record in terms of Information Technology Act, 2000 (as amended by the Information Technology (Amendment) Act, 2008) and rules made there under pertaining to electronic records in various statutes. The Agreement is generated as an electronic record by a computer system and does not require any physical or digital signatures and is also published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011.

• Use of this Website is regulated by Terms & Conditions provided herein. In addition, some services offered through the Website may be subject to additional terms and conditions adopted by the Company. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

• By accessing, browsing, dealing, transacting and/or otherwise using this Website, you shall be deemed to have accepted of these Terms of Use and the Agreement. In the event, an option is given during the course of every transaction / check-out to enable the User to express his/her acceptance or rejection of the Agreement, your acceptance by clicking on "I Agree" shall be deemed that you have gone through, understood and accepted these terms and conditions completely and accordingly the Agreement shall be treated as legally binding and enforceable agreement between the Company and you. In case if you do not agree with any of these Terms & Conditions or all of the Agreement, then you are not authorized to view, access, deal and/or transact on this Website.

• Your use of this Website (including, without limitation, all content, software, functions, services, materials and information made available or described on this Website or accessed by means thereof), and any marketing or promotional activities or any other item or service provided via this Website ("ancillary service"), is at your sole risk. The Website is provided on an "as is" and "as available" basis.

• The information, Products link offered on this Website, is solely for the User's information and subject to the User's acceptance without modification of the terms, conditions and notices contained herein and should not be considered as a substitute for professional advice. The Company, its affiliate companies, associate companies, consultants, contractors, advisors, accountants, agents and/ or suppliers assume no responsibility for any consequence relating directly and/or indirectly to any action and/or inaction that the User take based on the information, Services and Products offered on this Website. The Company is not responsible for the information relating to the various products offered by Sellers on this Website and makes no representation as to accuracy, completeness of the same. The Company, its affiliates, associate companies, accountants, advisors, agents, consultants, contractors and suppliers cannot guarantee, and will not be responsible for any damage and/or loss related to, the accuracy, completeness or timelines of the information.

• The Company has no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding any of the following: which users gain access to the Website; what content users access through the Website; what effects the content may have on users; how users may interpret or use the content; or what actions users may take as a result of having been exposed to the content. We cannot guarantee the authenticity of any data or information that Sellers provide about themselves or their campaigns and projects. You release us from all liability for your having acquired or not acquired content through the Website. The Website may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content on the Website, and we are not liable for the accuracy, copyright compliance, legality, or decency of material contained on the service. Please use the latest Browsers for a hassle free Ride. Happy Travelling!

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ELIGIBILITY TO TRANSACT ON THE WEBSITE

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• Use of the Website is available only to natural and / or legal persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website in any manner. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. As a minor if you wish to use or transact on the Website, such use or transaction may be only made by your legal guardian or parents on your behalf on the Website. Company reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Company's notice or if it is discovered that you are under the age of 18 years. The Company reserves the right to initiate legal action against any person who solicits a minor to register as an User on the Website, even after knowledge that he/she is under the age of 18 years.

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PLATFORM FOR TRANSACTION AND COMMUNICATION AND CONDITION FOR SALE

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• When you place an order on nonuventures.com to purchase a Product from Seller, you will receive an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation e-mail is acknowledgement that Seller has received your order, and does not confirm acceptance of your offer to buy the Product(s) ordered. Seller only accept your offer, and conclude the contract of sale for a Product ordered by you, when the product is dispatched to you and an e-mail confirmation is sent to you that the product has been dispatched to you (the "Dispatch Confirmation E-mail"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between you and Seller for the Product(s) specified in that Dispatch Confirmation E-mail.

• Your contract is with Seller and you confirm that the Product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the Products ordered by you on the Website.

• You can cancel your order for a Product as per Cancellation Policy, till the Seller sends the Dispatch Confirmation E-mail relating to that Product.

• You further agree and acknowledge that the Company is only acting as a facilitator and provider of the platform of the transaction of sale-purchase of Products or availing of Services between the User and the Sellers. The Company is not and cannot be a party to or control in any manner any transactions on the Website between the User and the Sellers. The Website is a platform that Users utilize to meet and interact with one another for their transactions. Nonu Ventures is not and cannot be a party to or control in any manner any transaction between the Website's Users

• The contract of the sale of Products or for rendering of Services on or through the Website shall be strictly governed by the bipartite contract between you and the Sellers which will separately contain 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 thereto.

• Parties other than the Company and its affiliates may operate stores, provide services, or sell Product on or through the Website. In addition, we provide links to the Websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. Company does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. We may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and other conditions of use.

• We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Website.

• 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 information and/or specifications) on the Website. While we have taken precautions to avoid inaccuracies in content, information, software, Products, Services and related graphics, the responsibility & ownership of the content lie with the Seller. At no time shall any right, title or interest in the Products sold through or displayed on the Website vest with the Company nor shall the Company have any obligations or liabilities in respect of any transactions on the website.

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RIGHT OF COMPANY TO AMEND TERMS

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• We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

• Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time/frequently/each time you access this Website so you are aware of any changes, as they are binding on you.

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REGISTRATION, DATA AND OBLIGATIONS

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• To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

• If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity under any circumstances, whatsoever. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit/logout from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information

• The Company shall be entitled to verify details furnished by you, if it deems fit, and in case any information furnished is found incorrect, false or misleading and if, in our opinion, you have violated any provision of these Terms of Use then the Company shall have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason.

• You shall further be liable to be prosecuted and/or punished under applicable laws for furnishing false, incorrect, incomplete and/or misleading information to the Company. You shall indemnify and hold harmless the Company, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.

You hereby expressly release the Company and/or its affiliates and/or any of its officers and its representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise

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TERMINATION

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• The Company may, at any time, terminate or suspend any and all services and/ or access to the Website immediately, without prior notice and/or liability. The services and/ or access to the Website may also be terminated or suspended if:

• User breaches any of the terms or conditions of the Agreement and/or other incorporated agreements and/or guidelines.

• Requests by law enforcement and/or other government agencies.

• Discontinuance and/or material modification to the Website and/ or service (or any part thereof).

• Unexpected technical and/or security issues and/or problems.

• Engagement by the User in fraudulent and/or illegal activities.

• Non-payment of any fees owed by the User in connection with the use of Website and/ or services.

• Termination of User account includes:

• Removal of access to all offerings within the service.

• Deletion of User password and all related information, files and content associated with or inside User account (or any part thereof).

• Barring of further use of the Website and/ or service.

• Further, the User agrees that all terminations for cause shall be made in Company's sole discretion and that Company shall not be liable to the User or any third party for any termination of

• User account, any associated email address, or access to the services. Any fees paid hereunder are non-refundable. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions and warranty disclaimers.

• We also reserve our right to enforce appropriate sanctions against any of the Users of the Website who are responsible for abuse of the Website. Such sanctions may include, but are not limited to (a) a formal warning, (b) suspension of access through the Website or Products, (c) termination of any registration of the User with our Website or services.

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INDEMNIFICATION

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• You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) made by any third party and/or penalty imposed due to and/or arising out of breach of the Agreement by User, and/or violation of any law, rules or regulations and/or the rights of a third party and/or the infringement by User including, without limitation, copyright and trademark infringement, obscene and/or indecent postings, and on-line defamation, and/or any third party using the User's account, of any intellectual property and/or other right of any person and/or entity.

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FORCE MAJEURE

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• The Company shall not be liable for any failure and/or delay on its 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 the User 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 the Company, 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 and/or contents provided for availing the Products and/or services under the Website, such that it is impossible to perform the obligations under the Agreement, or any other cause or circumstances beyond the control of the Company hereto which prevents timely fulfilment of obligation of the Company hereunder.

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GENERAL PROVISION

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• Waiver and Severability

• No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

• If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

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ENTIRE AGREEMENT

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The Terms of Use, Disclaimer and our Privacy Policy constitute the sole and entire agreement between You and Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website

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GEOGRAPHIC RESTRICTIONS

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The owner of the Website is based in India. We make no claims that the Website or any of its content are appropriate outside of India. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website from outside India, You do so on Your own initiative and are responsible for compliance with local laws.

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E-MAIL SUBSCRIPTION

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User can subscribe or opt-in for receiving email marketing mailers/newsletters in following cases:-

• When User registers from 'Registration' page: User clicks at the 'Register' link on Website header and registers by entering the email address and account password. User becomes subscribed for email marketing mailers or marketing SMS.

• When User registers during 'Guest checkout': While User is at the checkout stage, a non-registered user enters the email address & proceeds for payment. User is registered in the process and

• password is emailed. User becomes subscribed for email marketing mailers or marketing SMS.

• User subscribes from Static DIV, but User is not registered: When User visits Website for the first time, User will view a notification to submit the email address and subscribe for email marketing mailers. User is NOT registered but subscribed for email marketing mailers

• User re-subscribes from 'My Account': This facility in 'My Account' where a registered User which is currently un-subscribed for email marketing mailers can select the option to receive such mailers in future. Such User is subscribed or opt-in.

• User subscribes from email marketing mailer: The email marketing mailer can be sent to an email address which is currently not subscribed or opt-in for the same. The marketing mailer would have link using which User can subscribe for receiving the similar mailers in future. Such User is subscribed.

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GRIEVANCES

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All service complaints relating to the functioning of the Website can be logged in through the website or via email.

Thank you for visiting the Website.

I agree.