Terms and Conditions

Nayasha Enterprises Terms and Conditions

Introduction

Nayasha Enterprises and its affiliates provide their services to you subject to the terms and conditions outlined hereunder. By visiting or shopping at nayashashop.in, you accept these Terms and Conditions. Please read them carefully. In addition, when you use any current or future Nayasha Enterprises service (e.g., Your Account/Profile, Gift Certificates, Your Reminder Service, etc.) or visit or purchase from any business affiliated with Nayasha Enterprises, you will be subject to these guidelines and conditions for such service or business. These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order placed or service provided by Nayasha Enterprises. By using the shopping services of Nayasha Enterprises, you agree to be bound by these terms and conditions. All products/services and information displayed on nayashashop.in constitute an "invitation to offer." Your order for purchase constitutes your "offer," which shall be subject to the terms and conditions listed below. Nayasha Enterprises reserves the right to accept or reject your offer at any time or under any circumstances.

Definitions

  • "Agreement" means the terms and conditions as detailed herein, including all schedules, appendices, annexure, privacy policy, and will include references to this agreement as amended, negated, supplemented, varied, or replaced from time to time.
  • "Nayasha Enterprises" / "Nayasha" / "Website" means the online shopping platform and the services provided by it and its affiliates owned and operated by Nayasha Enterprises, which provides a venue/platform for Users of Nayasha Enterprises to buy products listed on nayashashop.in.
  • "Vendor" / "Seller" / "Affiliates" shall mean the person or legal entity who offers for sale, sells the products on Nayasha Enterprises' platform/website.
  • "Product/Products" means and includes any goods/merchandise/products/services/offers/display items that are uploaded/showcased/displayed on Nayasha Enterprises' website and the related description, information, procedure, processes, warranties, delivery schedules, etc.

Electronic Communication

When you visit Nayasha Enterprises' website or send e-mails to us or give us your feedback, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Disclaimer of Warranties and Limitation of Liability

Nayasha Enterprises makes this service available to you as a matter of convenience. Nayasha Enterprises expressly disclaims any claim or liability arising out of uploading any obscene, vulgar, or pornographic images, photographs, or pictures or altering or distorting the images available under this service in an obscene, vulgar, or pornographic manner. Nayasha Enterprises also disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Nayasha Enterprises does not warrant that this site, its servers, or e-mails sent from Nayasha Enterprises are free of viruses or other harmful components. Nayasha Enterprises will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

The service(s) of Nayasha Enterprises are provided on an "as is" basis without warranties of any kind, whether express or implied. Nayasha Enterprises does not represent or warrant maintaining the confidentiality of information, although Nayasha Enterprises' current practice is to ensure reasonable efforts to maintain such confidentiality. It is also clearly understood by the User that all warranties and after-sales services, implied or express, take place directly between the vendors and the User/buyer/customer, and the terms of sale by the vendor apply.

Nayasha Enterprises does not endorse in any way any advertisers' content on its web pages or other communication.

Nayasha Enterprises will not be responsible for any damage suffered by Users from the use of the services on this site. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions caused by the vendor. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction, or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

Use of the Nayasha Enterprises Website

Use of the Nayasha Enterprises website is available only to persons who can form legally binding contracts under the 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 Nayasha Enterprises website.

Product Description

Nayasha Enterprises and its affiliates attempt to be as accurate as possible. However, Nayasha Enterprises makes no warranties that the product description and any other content of this site are accurate, complete, reliable, current, or error-free. If a product offered by the site itself is not as described, your sole remedy is to return it in unused condition.

Services and Payment

Nayasha Enterprises reserves the right to introduce new services or modify or delete any existing services provided on the site. Additionally, Nayasha Enterprises at its sole discretion may introduce fees for the new services provided or amend/introduce fees for existing services. Changes to the fee and related policies shall automatically become effective immediately once implemented on nayashashop.in.

Indemnity

You shall indemnify and hold harmless Nayasha Enterprises, its subsidiaries, affiliates, third-parties, and their respective officers, directors, agents, and employees, from any claim, demand, or actions, including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement and Terms and Conditions or your violation of any law, rules, or regulations, or the rights of a third party.

Data Protection

Nayasha Enterprises may send information and offers of products and services to you from time to time. For further details relating to our policy on such offers, please refer to our Privacy Policy.

Force Majeure

Nayasha Enterprises shall have no liability to you for any interruption or delay in access to the Site, irrespective of the cause. Events that could constitute Force Majeure include, but are not limited to, natural disasters, strikes, wars, pandemics, or any event beyond the reasonable control of Nayasha Enterprises.

Arbitration

If any dispute arises between you and Nayasha Enterprises during your use of the Website or thereafter, in connection with the validity, interpretation, implementation, or alleged breach of any provision of the User Agreement and Terms and Conditions, the dispute shall be first referred to a sole Arbitrator who shall be an independent and neutral third party identified by Nayasha Enterprises. The place of arbitration shall be Deoghar, Jharkhand. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be conducted in the English language.

Applicable Law

This site is created and controlled by Nayasha Enterprises. The laws of India shall apply, and courts in Deoghar, Jharkhand, shall have jurisdiction in respect of all the terms, conditions, and disclaimers. Nayasha Enterprises reserves the right to make changes to the website and the terms, conditions, and disclaimers at any time and without informing the customers/users of the services/website of Nayasha Enterprises. Users are advised to regularly check for any amendments or updates to the terms and conditions contained herein.

Entire Agreement

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses as mentioned above shall survive the termination or expiry of this agreement.


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