USE OF SITE
Use of this Site, which is owned by NAMO INDIA of F-116, Crystal Palm Mall, Sardar Patel Road, Bais Godam, Jaipur, India 302001 is subject to the following legal terms. This Site includes trademarks on names and logos displayed (the “Trademarks”) on this Site are registered and unregistered Trademarks owned by NAMO INDIA. Except as expressly set out below, all rights reserved. You may access the content included on the Site for your own internal non-commercial use only. You may not copy, perform, publish, modify, transfer, create derivative works from, commercially exploit or otherwise use in whole or part any content, software, products or services obtained from this Site. You may not delete or alter, in part or in whole, any copyright, trademark, intellectual property or other legal notices from any part of this Site. You will keep any password assigned to you, which permits access to this Site or any part of this Site strictly confidential and shall not divulge it to any other person. Unauthorized use of this Site, including, but not limited to, unauthorized entry into it, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use this Site in any manner that could damage, disable, overburden, or impair this Site or interfere with any other party’s access to and/or use of this Site. You may not attempt to gain unauthorized access to this Site, computer systems or networks connected to this Site, through hacking, password mining or any other means. You must not use these facilities to commit or encourage a criminal offence, to insert, transmit or distribute viruses or corrupt data or to send any unsolicited advertisement or other promotional material (that is, “spam”).You agree that you will not engage in any activities related to this Site that are contrary to applicable laws or regulations. You may not use this Site for any purpose that is unlawful or prohibited by these legal terms. Unless authorized in writing by NAMO INDIA, NAMO INDIA expressly prohibits linking of any part of this Site to or from any other Sites (including so-called “deep-linking”). You are prohibited from using any marks for any purpose including, but not limited to use as Meta tags on other pages or Sites on the Internet. We may terminate your access and use of any part of this Site at any time without notice. By accessing the Site, you warrant and represent to the website that you are legally entitled to do so and to make use of the information made available via the Site. We makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the Site.
The User shall be responsible for obtaining and maintaining telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto. The Company shall not be liable for any damages to the User’s equipment resulting from the use of the Site.
While we have made every effort to display as accurately as possible the colours of the products that appear on the Site, we cannot guarantee that your monitor or screen’s display of any colour will be completely accurate, as computer monitors and screens of electronic devices vary.
When You use the Site or send emails or other data, information or communication to us, You agree and understand that You are communicating with us through electronic records and You consent to receive communications via electronic records from us periodically and as and when required. We will communicate with You by email or by an electronic record on our Site which will be deemed adequate service of notice / electronic record. License and Site Access
We grant you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by us to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by us.
The Site or third parties may provide links to other World Wide Web sites or resources. Because we have no control over such Sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Fraudulent /Declined Transactions
We may constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing our services fraudulently shall be liable for legal actions under applicable law and we reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, We reserve the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
You shall to the fullest extent indemnify and hold harmless the Company, its subsidiaries and affiliates, and their respective officers, directors, shareholders, 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 this Agreement, or the documents it incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.
The price of our merchandise is inclusive of the VAT. The VAT charged should depend upon the destination where the order has to be shipped. The tax rate applied to the order will be the combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. We reserve the right to collect taxes for shipping charges where ever applicable
We endeavor but do not guarantee to deliver the products to Users within 5-7 business days from the day of close of sale depending upon the shipping location. Factors that may result into delay in delivery could be through the logistics /courier partner, transporters’ strike etc. We reserve the right to make delivery of the goods by installments. If the goods are to be delivered in installments, each delivery will constitute a separate contract. You may not treat the contract (as a whole) as repudiated if we fail to deliver any one or more of the installments or if you have a claim in respect of any one or more of the installments. If you fail to take delivery of the goods, we may at our discretion charge you for the additional shipping cost.
Please note we insure each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a third party recipient for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by us of our obligation, and transfer of responsibility in the same way. We are not responsible for any delays caused by third party delivery agencies and/or due to time required for statutory clearances during the delivery process.
None of the provisions of this Agreement shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner whatsoever. Except as explicitly stated otherwise, any notices shall be given to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
If any clause of this Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the Agreement. This Agreement sets forth the entire understanding and agreement between you and us with respect to the subject matter hereof. In the Company’s sole discretion, it may transfer its rights and obligations (under this Agreement without your prior express consent.).
The Company may terminate this Agreement at any time. Without limiting the foregoing, the Company shall have the right to immediately terminate any passwords or accounts of the User in the event of any conduct by the User which the Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by the User of this Agreement. Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement.