Nukhra Hing and its affiliates provide their services to you subject to the terms and conditions are given here under. If you visit us at Nukhra Hing, you accept these Terms and Conditions. Please read them carefully. In addition, when you use any current or future Nukhra Hing service (e.g., Your Account/Profile, Gift Certificates, and Your Reminder Service, etc.) or visit or purchase from any business affiliated with Nukhra Hing, whether or not included in the Nukhra Hing website, 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 Nukhra Hing. By using the shopping services of Nukhra Hing, you agree to be bound by these terms and conditions. All products/services and information displayed on Nukhra Hing constitute an “invitation to offer”. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions as listed below. Nukhra Hing 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 the references to this agreement as amended, negated, supplemented, varied, or replaced from time to time.
“Nukhra Hing” / “website” means the online shopping platform and the services provided by it and its affiliates owned and operated by Nukhra hing. which provides a venue/platform to the Users of Nukhra Hing to buy the products listed on Nukhra Hing
“Vendor” / “seller” /”affiliates” shall mean the person or any legal entity who offers for sale, sells the products on the Nukhra Hing platform/website.
“Product/Products” means and includes any goods/merchandise/products/services/offers/display items that are uploaded /showcased/displayed on Nukhra Hing by its Vendor and the related description, information, procedure, processes, warranties, delivery schedule, etc.
Electronic Communication
When you visit Nukhra Hing 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
Nukhra Hing has made this service available to use as a matter of convenience. Nukhra Hing expressly disclaims any claim or liability arising out of uploading of any obscene, vulgar or pornographic images, photograph, or a picture or altering or distorting the images available under this service in an obscene, vulgar or pornographic manner. Nukhra Hing also disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Nukhra Hing does not warrant that this site, its servers, or e-mail sent from Nukhra Hing are free of viruses or other harmful components. Nukhra Hing 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 Nukhra Hing is provided on an “as is” basis without warranties of any kind, whether express or implied. Nukhra Hing does not represent or warrant maintaining the confidentiality of information; although Nukhra Hing’s 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
Nukhra Hing does not endorse in any way any advertisers/ contents of advertisers on its web pages or other communication.
Nukhra Hing 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 as may occur because of any act/omission of 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 or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action.
Nukhra Hing assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
– The delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Website.
– Any interruption or errors in the operation of the Website. You expressly understand and agree that Nukhra Hing shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Nukhra Hing has been advised of the possibility of such damages)
User agrees and acknowledges that User shall be solely responsible for User’s conduct and that Nukhra Hing reserves the right to terminate your rights to use the service immediately, notwithstanding penal provisions under the Indian cyber laws or any other allied laws enacted by the government of India or any other statutory, legislative or regulatory authority authorized in this regard from time to time. In no event shall Nukhra Hing, its affiliates, employees, agents, consultants, contracted companies be liable for any direct, indirect, punitive, incidental, special, or consequential damages or for any damages whatsoever 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 Nukhra Hing sites/services for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement.
Nukhra Hing therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential, or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these sites.
Nukhra Hing shall not be legally liable for any delay / non-delivery of purchased goods by the vendors, trade organization/s, manufacturers/shop, etc. (vendors), due to flood, fire, wars, acts of God, or any cause that is beyond the control of Nukhra Hing.
Notwithstanding anything contained herein, Nukhra Hing may also act only as a booking agent/platform to facilitate/integrate transactions between the Users/buyers and sellers through various platforms (online web store, call centre, mail order catalogues, SMS, etc.) for various vendors/affiliates/merchants and shall in no way be responsible for any quality of product, damages, losses, expenses and/or taxes incurred by Users for the products or if the vendors/affiliates/merchants are not able to service the order of the User for any reason or any misrepresentation of any sort by the vendors/affiliates/merchants. In no event shall Nukhra Hing, its directors, officials, representatives, and employees be liable for any damages or claims relating to products sold through its various platforms.
All prices, unless indicated otherwise are in Indian Rupees. The availability of products is subject to change without prior notice at the sole discretion of Nukhra Hing and orders can be cancelled if the product goes out of stock.
Nukhra Hing reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price which may be higher or lower than published. This shall be regardless of whether the order has been confirmed and/or payment has been levied via credit card or cheque or otherwise. In the event the payment has been processed by Nukhra Hing, the refund amount shall be credited to your credit card account and duly notified to you by email or sent by cheque.
In a credit/debit card transaction, you must use a credit /debit card that is issued in the name of the User. Nukhra Hing will not be liable for any credit/debit card fraud because of the card being used fraudulently. The liability to use a credit/debit card or a net banking transaction fraudulently will be on the User and the onus to ‘prove otherwise’ shall be exclusively on the User.
Use of the Nukhra Hing website is available only to 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 Nukhra Hing website. If you are a minor i.e., under the age of 18 years, you shall not register as a member of the Nukhra Hing website and shall not purchase any items. As a minor, if you wish to purchase an item, such purchase may be made by your legal guardian or parents who have registered as users of the Nukhra Hing website or can use the Nukhra Hing website as a Guest User. Nukhra Hing reserves the right to terminate your registration and refuse to provide you with access to the Nukhra Hing website if it is brought to Nukhra Hing’s notice or if it is discovered that you are under the age of 18 years.
Business entity registration: If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept these Terms & Conditions/User Agreement and you have the authority to bind that business entity to these Terms & Conditions/User Agreement.
Trademark
The logo/ image of Nukhra Hing on the home page of the website & other pages and as used in the communication to the User is registered by Nukhra Hing and cannot be used or communicated or distributed without the specific and written permission of Nukhra Hing.
License and Site Access
Nukhra Hing grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except in case Nukhra Hing gives consent for the same. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Nukhra Hing. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Nukhra Hing and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” and Nukhra Hing’s name or trademarks without the express written consent of Nukhra Hing. Any unauthorized use terminates the permission or license granted by Nukhra Hing. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Nukhra Hing as long as the link does not portray Nukhra Hing, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter or having a right to ownership of the same in any form. You may not use any Nukhra Hing logo or other proprietary graphic or trademark as part of the link without express written permission.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and also you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use Nukhra Hing only with the involvement of a parent or guardian or otherwise, Nukhra Hing has the right to cancel any order or service to the User. Nukhra Hing and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion. Nukhra Hing and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
Nukhra Hing is associated with various business partners for the supply and service of goods directly to the customers. But the after-sales service and warranty for the products, as duly applicable, for the respective products, will be taken undertaken and handled by us.
Reviews, Comments, Communications, and other Contents
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Nukhra Hing reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Nukhra Hing and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Nukhra Hing and its affiliates and sub-licenses the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Nukhra Hing or its affiliates for all claims resulting from content you supply. Nukhra Hing has the right but not the obligation to monitor and edit or remove any activity or content. Nukhra Hing takes no responsibility and assumes no liability for any content posted by you or any third party.
Suspension due to Non-Compliance with Agreement
Notwithstanding other legal remedies that may be available to Nukhra Hing, Nukhra Hing may in its sole discretion limit User activity by immediately removing user listing either temporarily or indefinitely or suspending or terminating user membership, and/or refusing to provide user with access to the site if The user is in breach any of the terms and conditions of this agreement and/or the terms and conditions of usage of Nukhra Hing; The user has provided wrong, inaccurate, incomplete or incorrect information; The user attempts to defraud Nukhra Hing by using the functionalities on the website; Your actions may cause any harm, damage or loss to the other Users or Nukhra Hing; Illegal and/or unauthorized use of the service, including unauthorized framing of or linking to the Nukhra Hing site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
Risk of Loss
All items purchased from Nukhra Hing are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon the delivery to you.
Product Description
Nukhra Hing and its affiliates attempt to be as accurate as possible. However, Nukhra Hing does not warrant those product descriptions or other content or prices/amounts of this site are accurate, complete, reliable, current, or error-free. If a product offered by Nukhra Hing itself is not as described, your sole remedy is to return it in unused condition.
Pricing
Except where noted otherwise, the Selling Price /MRP/ List Price displayed for products on our website represents the full retail price listed on the product itself, suggested /offered by the manufacturer or supplier or one of our merchants/affiliates, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The final price that will be applicable to a user for purchase and payment will be as per the price that is displayed in the shopping cart of the customer which can be inclusive or exclusive of any other charges in terms of the usage of the website.
Indemnity
You shall indemnify and hold harmless Nukhra Hing, its subsidiaries, affiliates, third parties 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 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
Nukhra Hing may send information and offers of products and services to you from time to time. For further details relating to our policy relating to such an offer please refer to our Error! Hyperlink reference not valid.
Force Majeure
Nukhra Hing shall have no liability to you for any interruption or delay in access to the Site irrespective of the cause.
Arbitration
If any dispute arises between you and Nukhra Hing 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 Nukhra Hing. The place of arbitration shall be Hathras. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
Applicable law
This site is created and controlled by Nukhra Hing. The laws of India shall apply and courts in Hathras shall have jurisdiction in respect of all the terms, conditions, and disclaimers. Nukhra Hing reserves the right to make changes to the website and the terms, conditions, and disclaimers at any time and without information to the customers/users of the services/website of Nukhra Hing. 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 supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses as above shall survive the termination or expiry of this agreement.
This electronic record is generated by a computer system and does not require any physical or digital signatures.