1. USER AGREEMENT
ACCEPTANCE OF TERMS
1.1 The term 'user' may refer to 'buyer' or 'seller', where and as may be applicable.
1.2 The www.offersforshoppers.com website ("Website") is a domain owned and operated by Nuclei Marketing Private Limited ("nuclei"), a company incorporated under the laws of India, with its registered office at # 212, 1st floor, 5th cross, 1st main, Domlur layout, Bangalore – 560071
1.3 Through the Website, nuclei shall offer you ("User"): (i) access to and use of the Website; (ii) the facility to display, offer and sell products and services on the Website to the buyer ("Buyer"); iii) the facility to purchase products and services displayed or offered on the Website by the Seller ("Seller"); and (iv) use payment facilitation services for receiving consideration for products and services sold/provided through the Website ((i), (ii) (iii) and (iv) collectively "Service"). This Service may, subject to the terms hereof, be availed by the User, at any time during the year through the Website.
1.4 This User Agreement ("Agreement") sets out the terms and conditions on which nuclei shall provide the Services to the User through the Website. The User shall be deemed to have read, understood and accepted this Agreement, which may be updated or modified by nuclei from time to time.
1.5 Use of the Website is offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and as may be posted on the Website from time to time. For the removal of doubts, it is clarified that use of the Website by the User constitutes an acknowledgement and acceptance by the User of this Agreement. If the User does not agree with any part of such terms, conditions and notices, the User must not use the Website.
1.6 NUCLEI AT ITS SOLE DISCRETION RESERVES THE RIGHT NOT TO FACILITATE ACCEPTANCE OF ANY REQUEST BY THE USER FOR LISTING, DISPLAY OR OFFERING ANY PRODUCTS AND SERVICES THROUGH THE WEBSITE WITHOUT ASSIGNING ANY REASON THEREOF. ANY CONTRACT TO PROVIDE ANY SERVICE BY NUCLEI IS NOT COMPLETE UNTIL THE ENTIRE CONSIDERATION TOWARDS THE SERVICE IS RECEIVED BY NUCLEI.
2. MODIFICATION OF TERMS
2.1 nuclei reserves the right to change the terms, conditions and notices under which the Services are offered through the Website, including but not limited to the charges for the Services provided through the Website. The User shall be responsible for regularly reviewing these terms and conditions.
3.1 nuclei respects your privacy and recognizes the need to protect the personally identifiable information (any information by which you can be identified, such as name, address, and telephone number) you share with us. We would like to assure you that we follow appropriate standards when it comes to protecting your privacy on our web sites.
3.2 In general, you can visit the Website without telling us who you are or revealing any personal information about yourself. [We track the Internet address of the domains from which people visit us and analyze this data for trends and statistics, but the individual user remains anonymous.]
Some of our web pages use "coolkies" so that we can better serve you with customized information when you return to our site. Cookies are identifiers which a web site can send to your browser to keep on your computer to facilitate your next visit to our site. You can set your browser to notify you when you are sent a cookie, giving you the option to decide whether or not to accept it. The information we collect and analyze is used to improve our service to you.
3.3 There are times when we may collect personal information from you such as name, physical address or telephone number. It is our intent to inform you before we do that and to tell you what we intend to do with the information. Generally, you will have the option not to provide the information, and in the future you will be able to "opt out" of certain uses of the information. If you choose not to provide the information we request, you can still visit the Website, but you may be unable to access certain options, offers and services.
3.4 nuclei will not sell, trade or disclose to third parties any information derived from the registration for, or use of, any online service (including names and addresses) without the consent of the user or customer (except as required by subpoena, search warrant, or other legal process or in the case of imminent physical harm to the user or others). nuclei will allow suppliers to access the information for purposes of confirming your registration and providing you with benefits you are entitled to.
3.5 nuclei will take appropriate steps to protect the information you share with us. We have implemented technology and security features and strict policy guidelines to safeguard the privacy of your personally identifiable information from unauthorized access and improper use or disclosure. nuclei will continue to enhance its security procedures as new technology becomes available.
3.6 By accessing this site the user agrees to let nuclei and the assistants hired by nuclei, process and use the personal data entered by the user to justify and administrate the business and User relationship, as well as to perform and execute deals and contracts initiated through the website. This particularly concerns the User’s name, address, telephone number, email address, sex and date of birth.
1. User: By registering with the Website, and by submitting details as required and consenting to this Agreement, the interested party becomes a “User” of the Website.
2. Offer: Offer means the publishing of a description, designed on one’s own responsibility, to sell a product on the Website.
3. Types of offers on the Website: Offers can be created in different ways. The following formats are currently available on the Website, subject to changes:
a) Pre-booking offers: To avail these offers, users need to pay partial upfront payment against the product or service. Rest of the amount should be paid at the time of delivery, pick up or before availing the service.
b) Full payment offers: These offers will be made available for products which are available only for home delivery. For such offers, users will have to make full payment upfront.
5. LIMITED USE/PROHIBITION AGAINST UNLAWFUL USE
5.1 The User agrees and undertakes not to buy, trade or resell or exploit for any commercial purposes, any portion of the Service.
5.2 As a condition of the use of the Website, the User warrants that they will not use the Website for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement and/or the TOS including both specific and implied. In addition, the Website shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party's use and/or enjoyment of the Website or cause any damage or hamper with the business of nuclei. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Website.
5.3 The User agrees, undertakes and confirms that the User's use of the Website shall be strictly governed by the following binding principles:
5.3.1 "User Information" is defined as any information you provide to nuclei or Buyers/Sellers of the Website in the registration, selling or listing process, in the feedback area or through any e-mail feature. The User is solely responsible for User Information and nuclei acts only as a passive conduit for User's online distribution and publication of User Information.
5.3.2 Before you provide the User Information or list your product, you need to find out if your product is allowed on nuclei and of the type of product is subject to certain restrictions to avoid potential issues with your listing. As a User, you are ultimately responsible for making sure that selling a product is legal in the eyes of the law. In particular, the User Information (or any products listed):
(a) must not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(b) must not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy;
(c) must not be fraudulent or involve the sale of counterfeit or stolen products;
(d) must not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any product, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
(e) must not be false, inaccurate or misleading;
(f) must not be obscene or contain pornography or contain an "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(g) must not link directly or indirectly to or include descriptions of products, goods or services that:
(i) are prohibited under this Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, and the Indian Penal Code, 1860;
(ii) are concurrently listed for sale on a web site other than the Website;
(h) must not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(i) must not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. Regardless of a product’s entry on the list, nuclei reserves the right, at all times, to delete offers, and inform the relevant authorities or affected third parties
5.4 The User further agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that the nuclei's name is stated as the source. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes, any copyright violation and unwarranted modification of data and information within the content of the Website is not permitted.
5.5 No Advertising Any type or format of texts and graphics published by a User on the Website (offers, evaluations, entries as part of the “Questions and Answers function”, etc.) or communicated in any other way through the Website shall not contain any form of advertising for products which this User is not currently, or in the immediate future, selling on the Website.
5.6 No contractual conclusion outside of the Website. Any type or format of texts and graphics published by a User on the Website (offers, evaluations, entries as part of the “Questions and Answers function”, etc.) must not target contract conclusions outside of the Website, or directly or indirectly request this.
5.7 No multiple listings by the Seller Simultaneous listing of several identical or similar products is not accepted. This applies for multiple listing in the same or different categories. nuclei reserves the right to delete such offers without further enquiry.
6. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
6.1 ALL COMMERCIAL/CONTRACTUAL TERMS ARE OFFERED BY AND AGREED TO BETWEEN THE USER AND THE BUYER 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 AFTER SALES SERVICES RELATED TO PRODUCTS. NUCLEI DOES NOT HAVE ANY CONTROL OR DETERMINES OR ADVISES OR IN ANY WAY INVOLVES ITSELF IN THE OFFERING OR ACCEPTANCE OF SUCH COMMERCIAL/CONTRACTUAL TERMS BETWEEN THE BUYER/SELLER AND THE USER. NUCLEI SHALL NOT AND IS NOT REQUIRED TO MEDIATE OR RESOLVE ANY DISPUTE OR DISAGREEMENT BETWEEN THE USER AND THE BUYER/SELLER.
6.2 NUCLEI IS A FACILITATOR FOR THE SERVICES AT THE WEBSITE AND ACTS ONLY AS AN ONLINE PLATFORM. ALL THE SERVICES OFFERED TO, THROUGH OR VIA THE WEBSITE ARE PROVIDED ON "AS IS" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND FROM NUCLEI, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY REPRESENTATION OR WARRANTY FOR ACCURACY, CONTUNITY, UNINTERUPPED ACCESS, TIMELINESS, QUALITY, PERFORMANCE FOR ANY PARTICULAR PURPOSE OR COMPLETENESS.
6.3 NUCLEI SHALL NOT AT ANY POINT OF TIME DURING ANY TRANSACTION BETWEEN THE BUYER/SELLER AND THE USER ON WEBSITE COME INTO OR TAKE POSSESSION OF ANY OF THE PRODUCTS OR SERVICES OFFERED ON THE WEBSITE NOR SHALL IT AT ANY POINT GAIN TITLE TO OR HAVE ANY RIGHTS OR CLAIMS OVER THE PRODUCTS OR SERVICES OFFERED BY THE USER TO THE BUYER.
6.4 NUCLEI HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT NUCLEI NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA OR INFORMATION CONTAINED.
6.5 AT NO TIME SHALL ANY RIGHT, TITLE OR INTEREST OVER THE PRODUCTS VEST WITH NUCLEI NOR SHALL NUCLEI HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF SUCH CONTRACT. NUCLEI IS NOT RESPONSIBLE FOR UNSATISFACTORY OR DELAYED PERFORMANCE OF SERVICES OR DAMAGES OR DELAYS AS A RESULT OF PRODUCTS WHICH ARE OUT OF STOCK, BACK ORDERED OR OTHERWISE UNAVAILABLE. ALL PRODUCTS ARE OFFERED BY SELLERS ARE ONLY FOR A RESTRICTED TIME AND ONLY FOR THE AVAILABLE SUPPLY AS OFFERED BY SELLERS.
6.6 NUCLEI IS NOT LIABLE FOR TEMPORARY UNAVAILABILITY OF THE WEBSITE, THE FAILURE OF INDIVIDUAL OR ALL WEBSITE FUNCTIONS, OR INCORRECT FUNCTIONING OF THE WEBSITE. NUCLEI IS PARTICULARLY NOT LIABLE FOR TECHNICAL PROBLEMS WHICH CAUSE OFFERS TO BE ACCEPTED OR PROCESSED LATE OR INCORRECTLY, OR NOT AT ALL. NUCLEI PARTICULARLY DOES NOT GUARANTEE THAT THE SYSTEM TIME CLOCK WILL MATCH AN OFFICIALLY SET TIME. NUCLEI WEBSITE MAY BE TEMPORARILY UNAVAILABLE, OR ONLY AVAILABLE TO A LIMITED EXTENT, AS A RESULT OF MAINTENANCE WORK OR OTHER REASONS, WITHOUT THE USER BEING ABLE TO DERIVE ANY CLAIMS AGAINST NUCLEI FOR THIS.
7. LINKS TO THIRD PARTY SITES
7.1 The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of nuclei or the Website and nuclei is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. nuclei is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. nuclei is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by nuclei or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
7.2 nuclei is not responsible for any errors, omissions or representations on any Linked Site. nuclei does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
8. TERMINATION OF AGREEMENT AND SERVICES/ACCESS RESTRICTION
8.1 NUCLEI RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO TERMINATE THE ACCESS TO THE WEBSITE AND THE RELATED SERVICES OR ANY PORTION THEREOF AT ANY TIME, WITHOUT ANY PRIOR NOTICE.
8.3 This Agreement may be terminated by the User only through a written notice to nuclei or by sending an email to nuclei on firstname.lastname@example.org as long as all the requirements below are met:
• The User’s account status has been settled, i.e. there is no balance in favour of nuclei.
• The User is not currently selling any products on the Website.
• The User is not participating in any current purchase.
Should the User object to any terms and conditions of this Agreement, or become dissatisfied with the Service in any way, the User's only recourse is to immediately: (a) discontinue use of the Website/Service; and (b) notify nuclei of such discontinuance.
8.4 Upon termination of the Service, User's right to use the Website/Services shall immediately cease. The User shall have no right and nuclei shall have no obligation thereafter to execute any of the User's uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User's registration or the Services are terminated, cancelled or suspended, any data that the User has stored on the Website may not be retrieved later and the User shall have no right over the same.
9. FEES PAYMENT
9.1 Listing and sale charges – For the Seller nuclei charges the seller a listing fee to offer the products on the Website. Listing options for specific offer arrangement also incur a fee according to the fee structure. In the event of successful contract conclusion, the seller must also pay to nuclei a Transaction Commission. All aforementioned fees are payable immediately. nuclei reserves the right to adjust the fee at any time. If the seller deletes or modifies an offer while the offer is still valid, this does not entitle the seller to reimbursement or reduction of the listing fees incurred.Depending on the type of offer modification, additional fees may be incurred, particularly if additional listing options are selected. nuclei shall not be making any fee refunds to the Seller under any circumstances whatsoever.
9.2 nuclei reserves the right to change the fee structure from time to time. In particular, nuclei may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event nuclei reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee structure shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website.
Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR).
Taxes: User is responsible for paying all fees associated with the use of the Website and Services, and the User agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.
Non-payment: nuclei reserves the right to issue a warning, temporarily/indefinitely suspend or terminate User’s membership of the Website and refuse to provide the User with access to the Website in case of non-payment of fees by the User to nuclei. nuclei also reserves the right to take legal action in case of non-payment of fees by the User to nuclei.
10. USER’S OBLIGATIONS AND USER ACCOUNT
10.1 In consideration of use of the Website, the User represent and confirm that the User is of legal age to enter into a binding contract under Indian Contracts Act, 1872 and is not a person barred from using the Website and/or receiving the Services under the laws of India or other applicable law. 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. If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this Agreement and you have the authority to bind that business entity to this Agreement.
10.2 To avail a Service the User has and must continue to maintain at his sole cost: (a) all the necessary equipments including a computer and modem etc. to access the Website/avail Services; (b) own access to the World Wide Web. The User shall be responsible for accessing the Services and that access may involve third party fees including, airtime charges or internet service provider’s charges which are to be exclusively borne by the User.
10.3 The User also understands that the Services may include certain communications from nuclei as service announcements and administrative messages.
10.4 Registration of the User on the Website is optional. Only limited access to the Website is available to non-registered User. Non-registered User may not be permitted to avail of the Services on the Website. In order to obtain increased access to the Website and in order to avail of the Services the User is required to register on the Website as a registered User. Further, the User agrees not to use any other party's user id and password for any purpose whatsoever without proper authorization from such party.
10.5 THE USER ALSO AGREES AND UNDERTAKES TO IMMEDIATELY NOTIFY NUCLEI OF ANY UNAUTHORIZED USE OF THE USER'S PASSWORD OR USER ID AND TO ENSURE THAT THE USER LOGS OFF AT THE END OF EACH SESSION AT THE WEBSITE. NUCLEI SHALL NOT BE RESPONSIBLE FOR ANY, DIRECT OR INDIRECT LOSS OR DAMAGE ARISING OUT OF THE USER'S FAILURE TO COMPLY WITH THIS REQUIREMENT.
10.6 The User also agrees to: (a) provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form ("Registration Data") on the Website; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provides any information that is untrue, inaccurate, not current or incomplete or nuclei has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, nuclei has the right to suspend or terminate the User's registration and refuse any and all current or future use of the Website and/or any Service.
10.7 Furthermore, the User grants nuclei the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services.
10.8 User agrees to comply with 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 his/her use of nuclei service and his/her bidding on, listing, purchase, solicitation of offers to purchase, and sale of products or services. User agrees to not engage in any transaction in an product or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
11. SELLER OBLIGATIONS
A) Authority to possess the product offered: The seller may only offer products it is authorised to possess, i.e. for which it is completely and unconditionally capable and entitled to transfer possession and property to the Buyer.
B) No sale of prohibited items: It is prohibited to sell products for which the offer, sale, purchase, submission or usage could violate legal regulations or good faith. nuclei reserves the right, at all times, to delete offers, and inform the relevant authorities or affected third parties.
C) Correct information about the item of purchase: The seller is obliged to provide truthful and correct information on the offered product and to advise full payment and delivery details. All known product/packaging defects must be stated. This also particularly applies for used products or products with damaged packaging. The seller is obliged to publish their offer in a relevant product category on the market place. The Seller has to ensure the quality and warranties of the offered products. Sellers are expected to consistently perform in a manner that results in high level buyer satisfaction and such intent should be maintained.
Below are certain terms that each Seller must honour:
• Accurately describing the condition, size, and quality of the product directly in the listing.
• Accurately mention the complete warranty conditions against each product description.
• Mentioning the complete shipping details along with each product description.
• Honouring the original terms of sale by accepting payment for the product at the end of a successful sale.
• Promptly shipping product with proper packaging once payment has been received. Ensuring a repair/replacement of the product to the Buyer if the same is lost/damaged in transit.
• Responding promptly and courteously to questions from the buyer throughout the transaction.
D) No multiple listings: Simultaneous listing of several identical or similar products is not accepted. This applies for multiple listing in the same or different categories. nuclei reserves the right to delete such offers without further enquiry.
E) Listing and sale charges: nuclei charges the seller a listing fee/commission to offer the products on the Website. Listing options for specific offer arrangement also incur a fee according to the fee structure. In the event of successful contract conclusion, the seller must also pay to nuclei a sales charge. All aforementioned fees are payable as per agreed terms and conditions. The fee amounts, as well as relevant invoicing and payment conditions, will be discussed and finalized after consultations with seller. nuclei reserves the right to adjust the fee at any time. If the seller deletes or modifies an offer while the offer is still valid, this does not entitle the seller to reimbursement or reduction of the fees incurred. Depending on the type of offer modification, additional fees may be incurred, particularly if additional listing options are selected. nuclei shall not be making any fee refunds to the Seller under any circumstances whatsoever.
12. CONTRACTUAL CONTENT
a) Seller conditions
The content of the concluded contract is determined by the product description (including additions, for example seller information as part of the “Questions and Answers” function) listed by the seller, and the conditions specified by the seller, as seen on the offer webpage at the time of the successful purchase/booking, as well as after any discussions between the parties before contractual conclusion.
The seller is obliged to grant the purchaser possession and unconditional ownership, free of third party rights, of the product, in exchange for payment of the purchase price. Liability exemptions regarding this are not permitted.
Cession of nuclei fees by the seller to the purchaser is not permitted and therefore not part of the contractual content. The purchase price is always understood as being inclusive of the value-added tax or any other sales taxes.
b) Product description
The product description is part of the contractual content, i.e. the seller ensures that the product displays the characteristics described including warranty conditions and shipping details.
Should any information not be guaranteed, the seller must clearly state this. c) Content in the absence of differing sales conditions for goods purchases:
If, at the time the order is placed, there are no deviant conditions or no clearly differing product description by the seller, and the parties have not arranged otherwise, the following contractual content applies for goods purchases:
• The seller is liable for product defects, i.e. non-described defects which drastically affect the value or use of the product for the designated purpose. The seller is particularly liable, in the absence of a clearly different description, for the functional efficiency of a device sold.
• The risk of product destruction is transferred to the buyer when the product is submitted for shipment or handed over to the buyer.
• Any recycling fee is included in the purchase price, i.e. not to be paid extra by the buyer.
• Indian law applies for all disputes arising between the contractual parties in relation to the offer.
13. CONTRACTUAL EXECUTION
a) General: Both contractual parties agree and are obliged to comply with the contractual terms entered into between them, in its entirety and within the timelines given on the site.
No seller right of withdrawal exists and once a product has been uploaded on the site by the nuclei/seller, seller is bound by the terms of the site and cannot withdraw his offer to sell. Contractual execution is the parties’ business; fulfillment (execution) of the deal is governed by their respective contractual conditions. This particularly also applies for the due date of individual contractual services (i.e. for the time from which the actual service can be demanded and also legally enforced). If the offer contains no regulations regarding this, and the parties have also not agreed on anything between them, the following points b-e) apply:
b) Communication: Each party must provide the other, within 14 calendar days of contract conclusion, with complete information which the other party requires to be able to fulfill the contract.
c) Due date: The contract service owed must be completed appropriately and in full within 14 days of contract conclusion. If under any circumstances, a User is obliged to make any payment in advance then must do so within 14 calender days of contract conclusion. If the Buyer is unable to make payment for the product purchased within 14 days from the contract conclusion, then nuclei shall not be held liable for delivery of the product. The Buyer shall be responsible towards paying the shipping costs, where applicable, in the final cost payable. The Buyer agrees that the shipping time may vary depending on many factors such as location, accessibility, means etc. and that no party has any bargaining power over the same.
d) Withdrawal: If a User does not render their due service despite being requested to do so, their contractual partner is entitled to withdraw from the contract and reclaim any services already rendered from their end. This does not apply if an act done by the contractual partners themselves led to the failure in rendering of the service by the User. e) Product defects: It is understood by the Buyer, that Pictures of the Products shown are merely indicative and are not an identical representation of the actual product. In case any defect, which is not mentioned in the offer description, which drastically reduces or nullifies the product’s value or serviceability for the designated purpose, comes into the notice of the buyer, he/she must advise the seller of this defect within 14 calendar days of product delivery in order to request for rectification.
The above clause in no way restricts further warranty or guarantee rights.
The Buyer must ensure the product is brought to the relevant seller service centre or is sent at their own expense.
Should the seller not respond to two defect notices, or should the rectification made not provide the desired success, the buyer is entitled to withdraw from the contract. In such a situation, Seller shall refund the entire amount to the Buyer, but no refund of any kind shall be made to the Seller including listing fees.
14. PAYMENT TERMS FOR THE SELLER
a) nuclei will transfer payment to the Seller only after they have received a confirmation for receipt of product from the Buyer.
b) nuclei will be entitled to deduct such amount of fees as applicable, from the Seller, and then transfer payment to the Seller.
c) In case the Buyer reports any defect, deficiency in the product, the Seller will have the duty to replace or repair such defect or deficiency, failing which the Seller shall make full refund of the purchase amount to the Buyer. nuclei will be entitled to deduct the refund amount from the Seller in case the Seller fails to make refund of that particular amount due to the Buyer.
15.1 WITHOUT PREJUDICE TO THE OTHER REMEDIES AVAILABLE TO NUCLEI UNDER THIS AGREEMENT OR UNDER APPLICABLE LAW, NUCLEI MAY LIMIT THE USER'S ACTIVITY, OR END THE USER'S LISTING, WARN OTHER USERS OF THE USER'S ACTIONS, IMMEDIATELY TEMPORARILY/INDEFINITELY SUSPEND OR TERMINATE THE USER'S REGISTRATION, AND/OR REFUSE TO PROVIDE THE USER WITH ACCESS TO THE WEBSITE IF:
(B) NUCLEI IS UNABLE TO VERIFY OR AUTHENTICATE ANY INFORMATION PROVIDED BY THE USER; OR
(C) NUCLEI BELIEVES THAT THE USER'S ACTIONS MAY INFRINGE ON ANY THIRD PARTY RIGHTS OR BREACH ANY APPLICABLE LAW OR OTHERWISE RESULT IN ANY LIABILITY FOR THE USER, OTHER USERS OF THE WEBSITE AND/OR NUCLEI.
15.2 NUCLEI MAY AT ANY TIME IN ITS SOLE DISCRETION REINSTATE SUSPENDED USERS. ONCE THE USER HAVE BEEN INDEFINITELY SUSPENDED THE USER MAY NOT REGISTER OR ATTEMPT TO REGISTER WITH NUCLEI OR USE THE WEBSITE IN ANY MANNER WHATSOEVER UNTIL SUCH TIME THAT THE USER IS REINSTATED BY NUCLEI. NOTWITHSTANDING THE FOREGOING, IF THE USER BREACHES THIS AGREEMENT, THE TOS OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, NUCLEI RESERVES THE RIGHT TO RECOVER ANY LOSSES, DAMAGES, CLAIMS SUFFERED OR INCURRED BY NUCLEI AND ANY AMOUNTS DUE AND OWING BY THE USER TO NUCLEI AND TO TAKE LEGAL ACTION AS NUCLEI DEEMS NECESSARY.
16. PROPRIETARY RIGHTS
16.1 nuclei may provide the User with content such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may use this material only as expressly authorized by nuclei and shall not copy, transmit or create derivative works of such material without express authorization from nuclei.
16.2 The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
None of the provisions of this Agreement, terms and conditions, notices or the right to use the Website by the User contained herein or any other section or pages of the Website and/or the Linked Sites, shall be deemed to constitute a partnership between the User and nuclei and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Website, the User authorizes nuclei and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed nuclei and its agents as their agent for this purpose. Further it is clarified that the use of or access to the Website or any facilities are not intended to create an agency, partnership, joint-venture or employer-employee or vendor-vendee relationship between the User, nuclei and/or the Website.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement, the TOS or the right to use the Website by the User contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
19. INTERPRETATION OF NUMBER AND GENDERS
The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to this Agreement as a whole.
THE USER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS NUCLEI AND THE WEBSITE, NUCLEI'S PARENT, SUBSIDIARIES, AFFILIATES, THIRD PARTIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY NUCLEI AND/OR THE WEBSITE THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY THE USER PURSUANT TO THIS AGREEMENT AND/OR THE TOS.
If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
22.1 All notices and communications (including those related to changes in the TOS, Service, termination of Service etc.,) shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address:
(a) if to nuclei, at #212, 1st floor, 5th cross, 1st main, domlur layout, Bangalore – 560071, Karnataka or at the address posted on the Website.
(b) if to a non registered User, at the communication and/or email address specified in the application form availing of a Service.
(c) if to a registered User, at the communication and/or email address specified in the registration form.
22.2 Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid
24. GOVERNING LAW
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