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MY ACCOUNT
Thank you for using NUCONS !.By accessing or signing up to the website and/or services, you agree to be bound by this User Agreement along with its services (collectively, the “User Agreement”), and to review and accept our Privacy Policy. Please read them carefully. You should review the Privacy Policy and User Agreement periodically for any modifications or changes.
The terms ‘visitor(s)’, ‘User(s)’, ‘you’, ‘your’ hereunder refer to the person visiting, accessing, browsing through and/or using the Website at any point in time.
If you do not agree to be bound by this User Agreement you must not access or use our website and/or services. The website by the domain name www.nucons.in along with all services provided in the form and manner of mobile app, mobile site etc. (collectively termed as “Platform” or “Website”) are owned and managed by NUCONS.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. This User Agreement may be updated from time to time by Nucons without notice. It is therefore strongly recommended that you review the User Agreement, as available on the Website, each time you access and/or use the Website.
The Website is operated and managed by Zapflash Inframart Pvt Ltd, along with the products and/or services offered or made available on the Website (hereinafter “Nucons” or “We” ). Any person (“User”) who enquires about or purchases any products or services of Nucons through its websites, sales persons, offices, call centers, agents etc. (all the aforesaid platforms collectively referred to as “Sales Channels”) agree to be governed by this User Agreement.
Both User and Nucons are individually referred to as ‘Party’ and collectively referred to as ‘Parties’ to the User Agreement.
The User must possess the legal authority to enter into an agreement so as become a User and use the services of Nucons. Before using the Website, approaching any Sales Channels or procuring the services of Nucons , the Users shall compulsorily read and understand this User Agreement, and shall be deemed to have accepted this User Agreement as a binding document that governs User’s dealings and transactions with Nucons. If the User does not agree with any part of this Agreement, then the User must not
avail Nucons’s services and must not access or approach the Sales Channels of Nucons. Services on the Website are available and targeted for India, services in certain geographies in India are subject to restrictions based on business hours and days of third-party sellers. Nucons’s services can only be availed by those individuals or business entities, including sole proprietorship firms, companies and partnerships, which are authorised under applicable law to form legally binding agreements. As such, natural persons below 18 years of age and business entities or organisations that are not authorised by law to operate in India or other countries are not authorised to avail or use Nucons’s services. User(s) further agree and consent to be contacted by Nucons through phone calls, SMS notifications or any other means of communication, in respect to the services provided by Nucons even if contact number(s) provided to Nucons upon registration are on “Do Not Call Registry”.
If you are registering as or on behalf of a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement. For services been availed by business entity(ies) it is mandatory to provide GSTIN and/or business entity details, otherwise it will be presumed that it is a personal purchase and not a business purchase.
User(s) agree to abide by the User Agreement and any other rules and regulations imposed on the User under the applicable law from time to time. Nucons shall have no liability to the User(s) or anyone else, for any content, information or any other material transmitted over the Website, including any fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each User(s). The User shall do its own due diligence before entering into any transaction with other users on the Website. Nucons at its sole discretion reserves the right to refuse Nucons services to anyone at any time without assigning reasons thereof. Nucons services/Website are not available and may not be availed or used by User(s) whose accounts have been temporarily or indefinitely suspended by Nucons
All rights and liabilities of the User and Nucons with respect to any services or product facilitated by Nucons shall be restricted to the scope of this User Agreement.
By signing up or by using Website or the Sales Channel in any way, you consent to, and agree to comply with all the terms in this User Agreement.
Except as otherwise expressly permitted in this User Agreement, you agree that you will not give access to, forward, display, post or distribute any part of the content to any individuals, persons or companies. You agree that you will not use the Website to forward, display, post or distribute any part of the content or the suggestions for improvement to any public website including but not limited to YouTube, Facebook, Twitter or similar websites.
Some content displayed on the Website is provided or posted by third parties. User(s) can post their content on some of the sections/services of the Website using the self- submit and edit tools made at the respective User dashboard of the Website. User(s) may need to register and/or pay for using or availing some of these services. User(s) be solely responsible for compliance of all applicable laws including those in India for making payments.
User(s) understand and agree that in such case Nucons is not the author of the content and that neither Nucons nor any of its affiliates, directors, officers or employees have entered into any arrangement including any agreement of sale or agency with such third parties by virtue of the display of such content on the Website. User(s) further understand and agree Nucons is not responsible for the accuracy, propriety, lawfulness or truthfulness of any third-party content made available on the Website and shall not be liable to any User(s) in connection with any damage suffered by the User(s) on account of the User(s)’s reliance on such content. Nucons shall not be liable for a User(s) activity on the Website, and shall not be liable to any person in connection with any damage suffered by any person as a result of any User’s conduct.
User(s) solely represent, warrant and agree to:
(a) provide Nucons with true, accurate, current and complete information to be displayed on the Website;
(b) maintain and promptly amend all information provided on the Website to keep it true, accurate, current and complete.
You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or Nucons has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement. Nucons shall have the right to indefinitely suspend or terminate or block access of your membership to the Website and refuse to provide You with access to the Website.
User(s) hereby grant Nucons an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to display and use all information provided by them in accordance with the purposes set forth in the User Agreement and to exercise the copyright, publicity and database rights User(s) have in such material or information, in any form of media, third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or
information displayed on the Website, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the Website (hereafter referred to as “Third Party Rights”).
User(s) hereby represent, warrant and agree that User(s) shall be solely responsible for ensuring that any material or information posted or otherwise shared/authorised by the User(s) to Nucons to be made available or displayed on the Website, does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such Third Party Rights. User(s) hereby represent, warrant and agree that they have the right to manufacture, offer, sell, import, export and distribute the products offered and displayed on the Website, and that such manufacture, offer, sale, importation, exportation and/or distribution of those products violates no Third Party Rights.
User(s) agree that they will not use Website and/or its services to send junk mail, chain letters, pyramid scheme or spamming. Further, User(s) of the Website agree that they will not use the email accounts to publish, distribute, transmit or circulate any unsolicited advertising or promotional information. User(s) further hereby represent, warrant and agree (i) to host, display, upload, modify, publish, transmit, store, update or share; or (ii) submit to Nucons for display on the Website or transmit or sought to be transmitted through the Website any content, material or information that does not and shall at no point:
I.Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
II. Belong to another person and to which User(s) do not have any right to;
III. Be part of a scheme to defraud other User(s) of the Website or for any other unlawful purpose;
IV. Be intended to deceive or mislead the addressee about the origin of such messages or knowingly and intentionally is used to communicate any information which (i) is patently false or grossly offensive or menacing/misleading in nature but may reasonably be perceived as a fact; or (ii) harass a person, entity or agency for financial gain or to cause any injury to any person;
V. Relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party’s copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights;
VI. Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
VII. Be defamatory, abusive libellous, unlawfully threatening, unlawfully harassing, grossly harmful, indecent, seditious, blasphemous, paedophilic, hateful, invasive of another’s privacy, including
bodily privacy racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, leading to breach of confidence, or otherwise unlawful or objectionable in any manner whatever;
VIII. Be vulgar, obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
IX. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
X. Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone’s privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
XI. Solicit business from any User(s) in connection with a commercial activity that competes with Nucons;
XII. Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
XIII. Contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information or that are designed to interrupt, destroy or limit the functionality of any computer resource;
XIV. Impersonates any person or entity, including, but not limited to, a Nucons employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; and
XV. Link directly or indirectly to or include descriptions of goods or services that are prohibited under the prevailing law; or otherwise create any liability for Nucons .
While registering on the Website, the User will have to choose a password to access that User’s account and User shall be solely responsible for maintaining the confidentiality of both the password and the account as well as for all activities on the account. It is the duty of the User to notify Nucons immediately in writing of any unauthorized use of their password or account or any other breach of security. Nucons will not be liable for any loss that may be incurred by the User as a result of unauthorized use of the password or account, either with or without the User’s knowledge. The User shall not use anyone else’s account at any time.
Your mobile phone number and/or e-mail address is treated as your primary identifier on the Website, it is your responsibility to ensure that your mobile phone number and your email address is up to date on the Website at all times. You agree to notify Nucons promptly if your mobile phone number or e-mail address changes by updating the same on the Website.
Nucons is the sole owner and the lawful licensee of all the rights to the Website and its content (“Website Content”). “Website Content” means the manner in which the design, layout, text, images, graphics, sound, video etc. are made available on the Website. The Website Content embodies trade secrets and other intellectual property rights protected under worldwide copyright and other applicable laws pertaining to intellectual property. All title, ownership and intellectual property rights on the Website and the Website Content shall remain in Nucons or licensors of the Website Content, as the case may be.
All rights, not otherwise claimed under this User Agreement by Nucons, are hereby reserved. Any information or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the Website or any offer displayed on or in connection with any service offered on the Website (“Website Information”) is intended, solely to provide general information for the use of the User(s), who fully accept any and all responsibility and liabilities arising from and out of the use of such Website Information. Nucons does not represent, warrant or endorse in any manner the accuracy or reliability of Website Information, or the quality of any products obtained by the User(s) as a result of any Website Information.
The Website Information is provided “as is” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the Website Information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing contained in the User Agreement shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s). In no event shall Nucons be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to contents of the Website. User(s) hereby acknowledge that any reliance upon the Website Information shall be at their sole risk and further understand and acknowledge that the Website Information has been compiled from publicly aired and published sources. Nucons respects the rights of such entities and cannot be deemed to be infringing on the respective copyrights or businesses of such entities. Nucons reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Website Information.
” Nucons ” and related icons and logos are registered trademarks or trademarks or service marks of Nucons in various jurisdictions and are protected under applicable copyright, trademark and other proprietary and
intellectual property rights laws. The unauthorized adoption copying, modification, use or publication of these marks is strictly prohibited.
All Website Content including Website Information is copyrighted to Nucons excluding any third-party content and any links to any third-party websites being made available or contained on the Website. User(s) may not use any trademark, service mark or logo of any independent third parties without prior written approval from such parties.
User(s) acknowledge and agree that Nucons is not an arbiter or judge of disputes concerning intellectual property rights and as such cannot verify that User(s) selling or supplying merchandise or providing services on the Website have the right to sell the merchandise or provide the services offered by such User(s). Nucons encourages User(s) to assist Nucons in identifying listings on the Website which in the User(s) knowledge or belief infringe their rights. User(s) further acknowledge and agree by taking down a listing, IIL does not and cannot be deemed to be endorsing a claim of infringement and further that in those instances in which NUCONS declines to take down a listing, Nucons does not and cannot be deemed to be endorsing that the listing is not infringing of Third Party Rights or endorsing any sale or supply of merchandise or services pursuant to or on account of such listing.
Nucons respects the intellectual property rights of others, and we expect our User(s) to do the same. User(s) agree to not copy, download or reproduce the Website Content, Website Information or any other material, text, images, video clips, directories, files, databases or listings available on or through the Website (“Nucons Content”) for the purpose of re-selling or re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise) operating a business competing with Nucons, or otherwise commercially exploiting the Nucons Content. Systematic retrieval of Nucons Content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Nucons is prohibited.
In addition, use of the Nucons Content for any purpose not expressly permitted in this User Agreement is prohibited and entitles Nucons to initiate appropriate legal action. User(s) agree that as a condition of their access to and use of Nucons’s services, they will not use Nucons’s services to infringe the intellectual property rights of any third parties in any way. Nucons reserves the right to terminate the right of any User(s) to access or use Nucons’s services for any infringement of the rights of third parties in conjunction with use of the Nucons’s service, or in the event Nucons is of the view that User(s) conduct is prejudicial to the interests of Nucons, its affiliates, or other User(s), or for any other reason, at Nucons’s sole discretion, with or without cause.
If you notice any act of infringement on the Website, you are requested to send us a written notice/ intimation in the following manner at : legal@nucons.in
Notice of Infringement (“Notice”)
Part I
To
NUCONS
Subject: Notice of trademark/copyright infringement of [Brand Name]
I, [name] ____________________________ of [address] _________________________ do solemnly and sincerely declare as follows:
1.I am the owner/authorised representative of the intellectual property right, namely __________________ (“IP Owner”);
2.I have a good faith belief that the item listings or materials identified in Part II to the Notice hereto are not authorised by the above IP Owner, its agent, or the law and therefore infringe the IP Owner’s rights;
3.All the information provided by me in this Notice is accurate and correct;
4.I will be liable for appropriate civil and criminal proceedings if any of the information found in this notice is false and frivolous; and
5.I shall indemnify Nucons and its directors/officers/employees/agents against any loss/actions/claims including but not limited to cost of any legal disputes, in connection with or arising out of any false and frivolous documentation provided by me.
I may be contacted at:
Name & Title of Authorised Person
Name of the Company
Address
Email (correspondence)
Telephone/Fax
Request you to expeditiously remove or disable access to the material or products claimed to be infringing.
For and on behalf of ______________________________
______________________________
[Name of authorised signatory]
Date:
Place:
Part II
List of Allegedly Infringing Listings, Products, or Materials
Sl. No. Reason Code* URLs
*Reason Codes: When identifying item numbers please use the reasons below. When removing products from the site, Nucons will inform Sellers of the specific reason for the removal of their products. Please associate each item you report with only one reason code.
Trademark-infringement
1.Trademark owner doesn’t make this type of product or has discontinued the production of the product
2.Item(s) is an unlawful replica of a product made by the trademark owner or is counterfeit
Trademark-listing description infringement
1.Listing(s) has unlawful comparison to trademark owner’s brand or product
2.Listing(s) contains unlawful use of trademark owner’s logo
Copyright-item infringement
1.Item(s) is an unlawful copy (software, games, movies, etc.);
2.Item(s) is unlawful duplication of printed material
3.Item(s) is an unlawful copy of other copyrighted work (paintings, sculptures, etc.)
Copyright-listing content infringement
1.Listing(s) comprises unauthorized copy of copyrighted text
2.Listing(s) comprises unauthorized copy of copyrighted image
3.Listing(s) comprises unauthorized copy of copyrighted image and text
Note
1.Please provide the Trademark Registration Certificate/ Copyright Registration Certificate (to be in the name of applicant);
2.Please provide the evidence as to the ownership of copyright.
In order to provide adequate redressal for each right holder we strongly suggest you share your intellectual property rights complaints only in the abovesaid manner.
The Website is a hosting platform that User(s) utilize to meet and interact with one another for their transactions. Nucons is not and cannot be a party to or control in any manner any transaction between the Website’s User(s).
Henceforward:
All commercial/contractual terms are offered by and agreed to between the Users i.e buyer and seller 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. Nucons does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the buyers and sellers. All discounts, offers (including exchange offers) are by the seller/respective brand and not by Nucons.
Nucons does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. Nucons does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Nucons accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Nucons in no manner of whatsoever nature, is responsible for any non-performance or breach of any contract (directly or indirectly) entered into between buyers/Users’ and sellers. Nucons cannot and does not guarantee that the concerned buyers/Users’ and/or sellers will perform any transaction concluded on the Website. Nucons shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
Nucons does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify th
of any particular User that You choose to deal with on the Platform and use Your best judgment in that behalf.
Nucons does not at any point of time during any transaction between buyer and seller on the Website come into or take possession of any of the products or services offered by seller nor does it at any point gain title to or have any rights or claims over the products or services offered by seller to buyer.
At no time shall Nucons hold any right, title or interest over the products nor shall Nucons have any obligations or liabilities in respect of such contract entered into between buyers and sellers.
Nucons is not responsible for (a) unsatisfactory or delayed performance of services; (b) damages or delays as a result of products which are out of stock; (c) unavailable or back ordered: and (d) non-delivery or loss related to non-delivery. Information on delivery periods is always non-binding. Significant, unforeseeable operational disruptions, delivery delays or delivery failures of the products for which Nucons is not responsible, as well as operational interruptions due to shortages (in particular shortages of raw materials, energy or labor), strikes, lockouts, traffic disruptions, official control measures, official requirements and cases of force majeure (in particular war, epidemics, pandemics, etc.) shall postpone the delivery date by the duration of the impediment to performance. Nucons may, under unforeseeable circumstances, be required to change the method of delivery or alter the time of delivery for reasons beyond its control. Nucons shall not be held liable for any direct or indirect damages arising from changes in the method or time of delivery caused by unenforceable reasons. User (s) understand and acknowledge that such circumstances are beyond the control of Nucons and may impact the timely delivery of the product.
Transactions, price and all commercial terms such as delivery, dispatch of products and/or services are as per principal-to-principal bipartite contractual obligations between Buyer and Seller; the Website is only a hosting platform that can be utilized by Users to reach a larger base to buy and sell products or services. Use of the Website shall not render Nucons liable or responsible for the damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Website.
Nucons aims to ensure that prices of all products offered for sale are true and correct. However, from time to time, the prices of certain products may not be current or may be inaccurate on account of technical issues, typographical errors or incorrect product information provided to Nucons by third-party sellers. In
each such case, notwithstanding anything to the contrary, Nucons reserves the right to cancel the order without any further liability.
Subject to the foregoing, the price mentioned at the time of ordering a product shall be the price charged at the time of delivery, provided that no product offered for sale on the Website will be sold at a price higher than its MRP (maximum retail price).
You release and indemnify Nucons and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Nucons cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
All product discounts and offers are by the sellers/brand and not by Nucons. From time to time, Nucons may conduct various types of marketing and promotional campaigns which may include offers, discounts and other promotional offers to be used on the Website. Such offers shall be subject to the terms and conditions which are solely determined by the Nucons and the terms of such discounts and offers may vary for the customers based on factors relating to the customer such as usage of the Website, volume of transactions, time spent on the Website, city, place of residence, time, etc.
Nucons reserves the right to void, discontinue, cancel or reject the use of any of the offers, discounts or promotional offers without any prior intimation. The offers, discounts and promotional offers may be changed or amended from time to time. It is your responsibility to review and comply with the terms and conditions governing the offers, discounts and other promotional offers provided on the Website. The offers, discounts and promotional offers cannot be exchanged for cash and can only be availed in accordance with the terms and conditions of the offers, unless otherwise communicated.
Subject to Nucons’s cancellation and/or return, refund and replacement policy as amended from time to time, if the User: (i) cancels any product which is subject to any promotions, offer or discounts; or (ii) returns any product purchased which is subject to any promotions, offer or discounts, the User will be eligible to receive only the refund of the amount paid by the User on the purchase of such product. In the event, any product is cancelled or returned in accordance with Nucons’s Cancellation and/or Return, Refund and Replacement Policy (mentioned hereinbelow), then save and except as provided herein, any offer, promotion, discount applied to such product shall be forfeited.
User(s) may request returns for most items bought from sellers and suppliers listed on the Website that are within the return window. However, products that are explicitly identified as ‘not returnable’ on the product detail page cannot be returned. Products which are identified as ‘returnable’ are eligible for return with the conditions as specified in the product description page and this section of the User Agreement. If the return is approved, the seller shall provide a replacement of the product to the buyer within a reasonable timeframe as may be applicable to the respective product/service or such other time as maybe mutually agreed between the buyer and seller. The refund amount may be subject to deductions or adjustments based on applicable fees, shipping costs, or other agreed-upon terms. All returns are subject to the details provided in the product description page and this section of the User Agreement. Products that are not eligible for return on the Website, may be exchangeable for reasons mentioned on the product description page on the Website. However, if you receive a damaged/defective/wrong product from any seller listed on the Website, you will still be allowed to exchange the product for reasons as provided in the product description page. In case you have purchased a product with which a free product is delivered, and you raise a request for return the main product, you will have to return the free product as well. Further, a product which forms a part of a package of other products, you must return all products that form part of the package to process the refund.
In circumstances where you return an extra or a different product, Nucons will not be accountable for misplacement or replacement of such product and will not be responsible for its delivery back to you.
Nucons shall not be held responsible for any return or exchange arrangements between the buyer and the seller. Nucons only serves as a facilitator for transactions and does not assume any liability or responsibility for disputes arising from returns or refunds. If a User receives any product which fulfils the below mentioned criterion, the User is eligible for return / exchange provided the User provides Nucons with requisite job-sheet and/or proof as maybe required by the seller/brand listed on the Website:
· Product is used/altered/defective product.
· Physical / in-transit damage to the product.
· Branded product received seal opened.
· Empty packet/some items or accessories are missing.
· Wrong product sent.
The seller retains the right to cancel any such order placed by the buyer, at its sole discretion and the buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by buyer in case of such cancellation by seller/brand, shall be refunded to the buyer, if the seller/brand is unable to provide the
product at all. Further, the seller may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual’s consumption quantity limit shall be based on various factors and at the sole discretion of the seller and may vary from individual to individual.
Except as provided in this User Agreement, in the event of a refund request Nucons shall have the sole discretion to determine the eligibility for and the extent of the refund. Nucons reserves the right to consider factors such as the nature of the product, the reason for the refund request, and any applicable policies or guidelines.
Refund shall be conditional and shall be with recourse available to Nucons in case of any misuse by buyer. Nucons may choose to grant a refund, either partially or in full, based on its assessment of the situation. This assessment may include reviewing the details provided by the User and any supporting evidence or documentation.
The decision of Nucons regarding the refund shall be final and binding. User agrees to abide by Nucons’s decision and acknowledges that Nucons is not obligated to provide a refund if the request does not meet the specified criteria or if Nucons determines it to be unreasonable or fraudulent.
In the event that a refund is approved, Nucons will process the refund within a reasonable timeframe, using the same method of payment used for the original purchase, unless otherwise agreed upon.
The Users acknowledge and agree that Nucons may, at the request of the seller, act as the payment agent for the limited purpose of accepting payments on behalf of such seller. The Users understand, accept and agree that the payment facility(ies) [if any] provided by Nucons is neither a banking nor financial service but is merely a facilitator in providing a third-party payment processor for the transactions on the Website. Further, by providing payment facility, Nucons is neither acting as a trustee nor acting in a fiduciary capacity with respect to the transaction or the transaction price. Nucons will not be liable for any charges made by the Users bank in relation to payment of the total amount.
In connection with any order, information such as name, billing address and credit card information may need to be provided either to Nucons or the third-party payment processor. If the Users are directed to the third-party payment processor, they may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. User(s) is requested to review such terms and conditions and privacy policy before using the Website. All business User(s)
providing billing information, delivery address or other contact information of its end user/consumer to Nucons or other delivery service provider, they shall ensure that it has necessary consents and approvals from the respective end user/consumer as may be required under applicable law.
Nucons merely collects the payment on behalf of the seller, all applicable taxes and levies, the rates thereof and the manner of applicability of such taxes are to be charged and determined by the seller. Nucons holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole liability with respect to any legal issue arising on the taxes payable shall be with the supplier. The transaction is bilateral between seller & the buyer and/or reseller & end users/consumers (“User Transactions”), Nucons is not liable to charge or deposit any taxes applicable on such transaction.
The Website may contain links to third party websites. Nucons does not control such websites and is not responsible for its contents. If a User accesses any third-party website, the same shall be done entirely at the User’s risk and Nucons shall assume no liability for the same. Nucons is not responsible for any errors, omissions or representations on any of its pages, links or any linked website pages to the extent such information is updated or provided directly by the service providers or the advertisers. Nucons does not endorse any advertisers on the Website, or any linked sites in any manner. The User(s) is requested to verify the accuracy of all information provided on the third-party web pages. The linked sites are not under the control of Nucons and hence Nucons is not responsible for the contents of any linked site(s) or any further links on such site(s), or any changes or updates to such sites. Nucons is providing these links to the Users only as a convenience.
The features and services on the Website are provided on an ” as is ” and ” as available ” basis, and Nucons hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded. Nucons makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability or completeness of any information provided on or through the Website. Nucons does not represent or warrant that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Website does not violate any Third-Party Rights; and Nucons makes no representations or warranties of any kind concerning any product or service offered or displayed on the Website. Any material downloaded or otherwise obtained through the Website is at the User(s) sole discretion and risk and the User(s) is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No
advice or information, whether oral or written, obtained by the User(s) from Website or through or from the Website shall create or be deemed to create any warranty not expressly stated herein.
Under no circumstances shall Nucons be held liable for any delay or failure or disruption of the content or services delivered through the Website resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. User(s) hereby agree to indemnify and save Nucons, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from their use of the Website (including but not limited to the display of User(s) information on the Website) or from User(s)’s breach of any of the terms and conditions of this User Agreement. User(s) hereby further agree to indemnify and save Nucons, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User(s)’s breach of any representations and warranties made by the User(s) to Nucons.
User(s) hereby further agree to indemnify and save Nucons, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Website. User(s) hereby further agree that Nucons is not responsible and shall have no liability for any material posted by other User(s) or any other person, including defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with the User(s). Nucons reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by any User(s), in which event such User(s) shall cooperate with Nucons in asserting any available defences.
Nucons shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
· The use or the inability to use the Website;
· Any defect in goods, samples, data, information or services purchased or obtained from a User(s) or a third-party service provider through the Website;
· Delay in delivery or inability of the seller to provide product and/or services or inability to deliver the said product and/or services or any cost incurred by the User due to the abovesaid.
· Violation of Third Party Rights or claims or demands that User(s) manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Website may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
· Unauthorized access by third parties to data or private information of any User(s);or
· Statements or conduct of any User(s) of the Website;
This User Agreement and the Privacy Policy shall be governed in all respects by the laws of Indian Territory. Nucons considers itself and intends itself to be subject to the jurisdiction of the Courts of Kolkata , West Bengal , India only. The parties to this User Agreement hereby submit to the exclusive jurisdiction of the courts of Kolkata , West Bengal, India.
Headings for any section of the User Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Nucons’s failure to enforce any right or failure to act with respect to any breach by a User(s) under the User Agreement and/or Privacy Policy will not be deemed to be a Nucons’s waiver of that right or Nucons’s waiver of the right to act with respect with subsequent or similar breaches.
Nucons shall have the right to assign its obligations and duties in this User Agreement and in any other agreement relating Nucons services to any person or entity.
If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions of the User Agreement shall be enforced.
All calls to Nucons are completely confidential. However, Your call may be recorded to ensure quality of service. Further, for training purpose and to ensure excellent customer service, calls from Nucons may be monitored and recorded.
We reserve the right, at our sole discretion, to change, modify or otherwise alter the terms and conditions set forth in these User Agreement at any time and you agree to be bound by such changes, modifications or alterations. Such modifications shall become effective immediately upon the posting thereof on the
Website. You must review these User Agreement and the policies mentioned herein or displayed on the Website, on a regular basis to keep yourself apprised of any changes. Your continued use of our Sales Channel or use of the Website or or interaction with User(s) signify and confirm your assent to the terms and conditions of the Website or any amendments made thereof.
In accordance with Information Technology Act, 2000 and the Information Technology (Intermediaries Guidelines and Digital Ethics Code) Rules, 201 and the Consumer Protection Act,2019 and the Consumer Protection (E-Commerce) Rules, 2020 the name and contact details of the Grievance and Nodal Officer who can be contacted for any complaints or concerns pertaining to the Marketplace, including those pertaining to breach of the Terms of Use or any other policies are published as under:
Details of the Grievance and Nodal Officer is:
Name: Shabnam Khatoon
Zapflash Inframart Pvt Ltd
Address: 7/B, Circus Market Place. Park circus, Kolkata 700017
email: info@nucons.in
Personal information supplied by User(s) during the use of the Web Site is governed by Nucons’s privacy policy (“Privacy Policy”). Please click here to know about the Privacy Policy.
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