Terms

LAST UPDATED: January 26, 2019

Welcome to Nakhare.in (“Site“). By visiting this Site, you accept the following conditions. These terms and conditions of use (“Terms of Use”) of the Site (as defined below) between Nakhare.in  and the users/ registrants of the Site (“You” or “Your” or “Yourself” or “User”) describe the terms on which Nakhare offers You access to the Website and the Services (as defined below) through the Website.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. YOUR USE OF THE SITE OR THE SERVICES PROVIDED BY THE SITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.

YOUR USE OF THE WEBSITE IMPLIES THAT YOU AGREE WITH THE TERMS OF USE.

PRIVACY POLICY

Please review our Privacy Policy, which also governs your visit to this Site to understand our practices. The personal information / data provided to us by you during the course of usage of the Site will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws and regulations. If you object to your information being transferred or used, please do not use the Site.

COMMUNICATIONS

When you visit this Site or send e-mails to us, you are communicating with us electronically.  You will be required to provide a valid phone number while placing an order or requesting for a price quote with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Site or by any other mode of communication. You also agree that sellers may communicate with you through phone, SMS or e-mail if you have expressly agreed to being contacted by sellers while using the Site. For contractual purposes, you consent to receive communications including SMS, e-mail or phone calls from us or the seller with respect to your order or in relation to the use of the Site.

ACCESS TO NAKHARE

We will do our utmost to ensure that availability of the Site will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

COPYRIGHT

All content included in or made available through any Nakhare, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Nakhare. The compilation of all content included in or made available through any Nakhare is the exclusive property of Nakhare.

You may not systematically extract or re-utilize parts of the contents of the Site without Nakhare express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this Site, without Nakhare’s express written consent. You may also not create and/ or publish your own database that features substantial (e.g.: prices and product listings) parts of this Site without Nakhare express written consent.

COPYRIGHT COMPLAINTS

Nakhare respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Nakhare Infringement Verification.

NOTIFICATION

Nakhare shall not be required to notify You, whether as a registered user or not, of any changes made to the Terms of Use. The revised Terms of Use shall be made available on the Website. Your use of the Website and the Services is subject to the most current version of the Terms of Use made available on the Site at the time of such use. It shall be Your responsibility to check these Terms of Use periodically for changes. Nakhare may require You to provide Your consent to the updated Terms of Use in a specified manner before prior to any further use of the Website and the Services is provided on the Site. If no such separate consent is sought, Your continued use of the Website, following changes to the Terms of Use, will constitute Your acceptance of those changes.

EVENTS BEYOND OUR REASONABLE CONTROL

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

USER ACCOUNT

If you use Nakhare, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Nakhare does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Nakhare only with involvement of a parent or guardian.

Alcohol listings on Nakhare are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Nakhare reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. Additionally, you are prohibited from selling, trading, or otherwise transferring Your Account to another party.

You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.

USER CONDUCT

You must not use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way.

You understand that you, and not the Site, are responsible for all electronic communications and content sent from your computer to us and you must use the Site for lawful purposes only. You must not use the Site for any of the following and indulge in activity:

  1. For fraudulent purposes, or in connection with a criminal offense or other unlawful activity;
  2. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
  3. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
  4. You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Nakhare and / or others.
  5. To send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”; or To cause annoyance, inconvenience or needless anxiety.
  6. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT 

Users may post reviews, comments, photos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise impermissible, 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 use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) 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, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Nakhare reserves the right (but not the obligation) to remove or edit any content that in the sole judgment of Nakhare violates these Conditions of Use and, or terminate your permission to access or use this Site.

If you do post content or submit material, and unless we indicate otherwise, you grant Nakhare a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable 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 Nakhare and sub-licensees 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 or you otherwise provide on or through the Site: that, as at the date that the content or the material is submitted to the Site: the content and the material is accurate; that use of the content you supply does not breach any applicable of these Conditions of Use and will not cause injury to any person or entity (including that the content is not defamatory); that the content is lawful. You will indemnify Nakhare for all claims brought by a third party against it or its affiliates arising our of or in connection with any of these warranties. Nakhare has the right (but not the obligation) to monitor and edit or remove any activity or content. Nakhare takes no responsibility and assumes no liability for any content posted by you or any third party.

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Nakhare, including the execution of deeds and documents, at its request.

PRODUCT DESCRIPTIONS

Nakhare attempts to be as accurate as possible. However, Nakhare does not warrant that product descriptions or other content or such other information of this Site is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

PRICING

Except where noted otherwise, the List Price or Suggested Price displayed for products on any Nakhare represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.

With respect to items sold by Nakhare, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Nakhare is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

CHARGES

Membership on the Website is free for buyers. Nakhare does not charge any fee for browsing and buying on the Website. Nakhare reserves the right to change its Fee Policy from time to time. In particular, Nakhare 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 Nakhare 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 Policy 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. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Nakhare.

THIRD PARTY CONTENT

The Site makes available general third party information such as, product catalogs, lists of authorized dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products and other data from external sources (“Third Party Content“). Similar Third Party Content would also be available to You on the email received by You from Nakhare. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. Nakhare does not provide any guarantee with respect to any the Third Party Content and Nakhare shall not be held liable for any loss suffered by You based on Your reliance on or use of such data.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCT RELATED INFORMATION (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY NAKHARE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.

NAKHARE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCT RELATED INFORMATION (INCLUDING SOFTWARE) OR SERVICES OR PRICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ARE USING YOUR BEST AND PRUDENT JUDGMENT BEFORE ENTERING INTO ANY TRANSACTIONS THROUGH THE SITE.

NAKHARE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE SITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.

WE SHALL NEITHER BE LIABLE NOR RESPONSIBLE FOR ANY ACTIONS OR INACTIONS OF SELLERS OR 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 INFORMATION AND/OR SPECIFICATIONS) ON THE SITE. WE DO NOT IMPLICITLY OR EXPLICITLY SUPPORT OR ENDORSE THE SALE OR PURCHASE OF ANY PRODUCTS ON THE SITE.

AT NO TIME SHALL ANY RIGHT, TITLE OR INTEREST IN THE PRODUCTS SOLD THROUGH OR DISPLAYED ON THE SITE BY SELLERS VEST WITH NAKHARE NOR SHALL NAKHARE HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF ANY TRANSACTIONS.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NAKHARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NAKHARE DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCT RELATED INFORMATION (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE OR ELECTRONIC COMMUNICATIONS SENT FROM NAKHARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NAKHARE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCT RELATED INFORMATION (INCLUDING SOFTWARE) OR SERVICES OR PRICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

IN NO EVENT SHALL NAKHARE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

REPORT ABUSE

In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Website, please report to Nakhare customer support

DISPUTES

Any dispute relating in any way with your visit to this Site shall be submitted to the exclusive jurisdiction of the courts at Hyderabad.

APPLICABLE LAW

By visiting this Site, you agree that the laws of India without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Nakhare.

SALE IN INDIA ONLY

Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Nakhare make no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and Nakhare 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.

ALTERATION OF SERVICES OR AMENDMENT TO THE CONDITIONS

We reserve the right to make changes to our Site, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the Site or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

WAIVER

Any failure by Nakhare to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by Nakhare of that provision or right.

FEEDBACK AND INFORMATION

Any feedback You provide to this Website shall be deemed to be non-confidential. Nakhare shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that

  • Your feedback does not contain confidential or proprietary information of You or of third parties;
  • Nakhare is not under any obligation of confidentiality, express or implied, with respect to the feedback;
  • Nakhare may have something similar to the feedback already under consideration or in development
  • You are not entitled to any compensation or reimbursement of any kind from Nakhare for the feedback under any circumstances.