- The domain name nikshanonline.com (hereinafter referred to as “Website”) and the Trademark ‘Nikshan’ is owned by M/s. Nikshan Electronics, a Partnership firm incorporated under the Partnership Act,1932 with its registered office at Nikshan Arena, Bank Road, Kannur, Kerala- 670001 (hereinafter referred to as “Nikshan” which expression shall, unless it be repugnant to the context or meaning thereof, include its successors and assigns).
- Eligibility to use
- Services of the Site would be available only to the selected geographies in India. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use this Website.
- By accepting the Terms or using or transacting on the Website, the User irrevocably declares and undertakes that he/she is of legal age i.e. 18 years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between the Website and such User to the extent permissible under applicable laws.
- Representations and Warranties
- User represents and warrants that User is the owner and/or authorised to share the information User gives on the Website. User confirms that the information is correct, complete, accurate, not misleading, and does not violate rules and regulations.
- User undertakes to indemnify and keep indemnified Nikshan and/or its partners, directors, employees, officers, affiliates, partners, associate/ subsidiary companies/entities, advisors, accountants, agents, consultants, contractors, partners and/or suppliers from all claims resulting from the details/information User posts and/or supplies to Nikshan. Nikshan shall be entitled to remove any such detail/information posted by the User without any prior intimation to the User.
- User agrees and undertakes that she/he shall be solely responsible for his/her Information and confirms that information submitted by the User:
- Is correct, complete, relevant and accurate.
- Is not fraudulent.
- Does not stalk or otherwise harass another user
- Does not and shall not infringe any third party’s intellectual property, trade secret and/or other proprietary rights and/or rights of publicity and/or privacy.
- Shall not be defamatory, libellous, unlawfully threatening and/or unlawfully harassing.
- Shall not be indecent, obscene and/or contain pornography and/or contain any thing which is prohibited under any prevailing laws, rules & regulations, order of any court, forum, statutory authority.
- Shall not be seditious, offensive, abusive, liable to incite racial, ethnic and/or religious hatred, discriminatory, menacing, tortuous, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy and/or which may cause annoyance and/or inconvenience.
- Shall not constitute and/or encourage conduct that would be considered a criminal offence, give rise to civil liability, and/or otherwise be contrary to the law.
- Shall not be or include material that is technically harmful (including, without limitation, computer/ mobile viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data or any other code or files) or other computer programming routines that may damage, detrimentally destroy, limit, interrupt, interfere with, diminish value of, surreptitiously intercept or expropriate the functionality of any system, data or personal information.
- Shall not create liability for Nikshan or cause Nikshan to lose (in whole or in part) the services of Nikshan’s ISPs or other suppliers.
- Is not in the nature of political campaigning, unsolicited or unauthorized advertising, promotional and/ or commercial solicitation, chain letters, pyramid schemes, mass mailings and/or any form of spam or solicitation.
- Is not illegal in any other way.
- Further, the User agrees and understands that Nikshan reserves the right to remove and/or edit such detail/information.
- User confirms that he/she shall abide by all notices and all the Terms and Conditions (updated from time to time) contained and mentioned herein.
- User undertakes and confirms that User shall not use Nikshan’s website, services and/or materials therein for any purpose that is unlawful and/or prohibited by the terms of the Agreement and/or under any applicable laws, rulings, notifications, orders of any court or statutory authority. User shall not use the Website, services and/or materials therein in any manner which could damage, disable, overburden and/or impair the Website and/or any services therein and/or the network(s) connected to the Website and interfere with other Users use and enjoyment of the Website and/or services therein.
- User shall not attempt to gain unauthorized access to any service on the Website, other Users Account(s), computer systems and/or networks connected to the Website through hacking, phishing, password mining and/or any other means (whether now known or hereafter developed or invented). User shall not or shall not attempt to obtain any materials or information through any means not intentionally made available to User through the Website. User agrees and understands that she/he is responsible for all of his/ her activity in connection with the services and accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of User’s right to access the Website.
- User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other User. As a condition of use of this Website, User warrants to Nikshan that User will not use this Website for any purpose that is unlawful or prohibited by these Terms & Conditions, notices and/ or by the applicable law. Also, User must not harass, intimidate or impersonate other Users or use any information obtained from the service in order to do so.
- Certain elements of the Website will contain material submitted by other Users. Nikshan disclaims its responsibility for the content, accuracy, conformity to applicable laws of such material. Part of the Website contains advertising/other material submitted to Nikshan by third parties. Responsibility for ensuring that material submitted for inclusion on the Website complies with applicable laws is exclusively on the advertisers and Nikshan will not be responsible for any claim, error, omission and/or inaccuracy in advertising material. Nikshan reserves the right to omit, suspend and/or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Website will be subject to Nikshan’s Terms and Conditions which are available on request.
- Accounts, Password, and Security
- You may access the Website and the Products either by registering to the Website or using the Website as a guest. If you wish to register yourself with the Website, you shall be required to create an account by filling in the details prescribed in the Website registration form. You will then receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify the Website of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Nikshan cannot and will not be liable for any loss or damage arising from your failure to comply with this Section or for any losses occurring thereto. You, as the User, waive any claims against the Website for any loss and damage suffered by you on account of your failure to comply with the Terms and reasonably expected good practices in this regard.
- If any User learns or is made or becomes aware of any instance of hacking or misuse of its User account, it shall without delay notify the Website of the same. Additionally, registered Users may be held liable for losses incurred by the Website for any loss or damage caused as a result of failure in maintaining security by the relevant User.
- If any User provides any information that is untrue, false, outdated, and incomplete or the Website has reasonable grounds to believe that such information is untrue, false, not updated, incomplete, the Website shall have the right to suspend or terminate the relevant User account and refuse any and all current or future use of the Website (or any portion thereof). The Website may be inaccessible for such purposes as it may, at its sole discretions deem necessary, including but not limited to regular maintenance. However, under no circumstances will Nikshan be held liable for any losses or claims arising out of such inaccessibility to the Users and the Users expressly waive any claims against Nikshan in this regard.
- Payments and Pricing
- Prices for Products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, Products and Services are offered by Nikshan and may change in accordance with the product guidelines or other terms and conditions applicable to each product. Users further undertake that by initiating a transaction, the User is entering into a legally binding and enforceable contract with the product manufacturer or distributor to purchase the products using such payment facilities as may be permitted by applicable laws and as may be accepted by the Website.
- All the products listed on the Website will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. Although prices of most of the products do not fluctuate on a daily basis but some of the commodities and fresh food prices do change on a daily basis. In case the prices are higher or lower on the date of delivery not additional charges will be collected or refunded as the case may be at the time of the delivery of the order.
- Nikshan does not charge any registration or membership or browsing fee. However, the Website reserves the absolute right to alter the fee policy from time to time. In the event, the Website alters its services; it may introduce new fees for such altered services. All such fees that the Website may charge will be intimated to the users and such change shall automatically become effective immediately after they are posted on the Website. All such fees charged by the Website shall be in Indian Rupees. The Users continues use of the Website shall be deemed as an acceptance of the amended terms and conditions.
- Nikshan may enter into agreements with third party payment gateway aggregators and financial institutions authorized by the Reserve Bank of India for collection, refund and remittance and to facilitate payment between Users and Sellers. The Website shall initiate the remittance of the payments made by the User and the date of completion of transaction shall be after the Products are delivered to the User and such other additional time as may be determined by Nikshan.
- While availing any of the payment method/s available on the Website, the Website will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to any payment issues arising out of the transaction, or lack of authorization for any transaction/s, or exceeding the preset limit mutually agreed by and between the User and relevant banks of the User, or Illegitimacy of the payment methods (Credit/Debit Card frauds etc.) being used by a User; decline of transaction for any other reason(s).
- Notwithstanding anything contained herein, Nikshan reserves the right to conduct additional verification for security or other reasons if it is not satisfied with the creditability of the User.
- User Conduct and Rules:
User agrees and undertakes to use the Website only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when at the Website, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
- Conduct or forward surveys, contests, pyramid schemes or chain letters;
- Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Violate any applicable laws or regulations for the time being in force in or outside India; and
- Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
- Exploit any of the services. We reserve the right to deprive individual Users of our cash on delivery payment option. Moreover, we might refuse any of our services, terminate accounts, and/or cancel orders at our discretion, including but not limited to, if we believe that Users conduct violates applicable law or is harmful to our interests.
- You shall not make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement/s and/or comment/s about the Website, its associates and partners on any property owned or operated by the Website.
- Intellectual Property Rights
- Intellectual Property Rights (“IPR”) for the purpose of these Terms shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, source code, technical data, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights and further shall also include but not be limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code in relation to the Website.
- All IPRs on the Website exclusively belong to either Nikshan or the third-party sellers and suppliers, as the case may be. Under no circumstance shall any User infringe in any way such IPR of the Website, a Third Party Supplier or Seller during or pursuant to its use of the Website for any purposes whatsoever.
- All those IPR arising as a result of domain names, Internet or any other right available under applicable law shall vest in the domain of Nikshan and/or its affiliates as the owner of such domain name.
- The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and our control or control of its owners/permitted assigns, as the case may be.
- Every User hereby grants Nikshan a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, publish, transmit, reproduce, modify, adapt any content provided or created by the User. Nikshan shall have no liability for any infringement of intellectual property rights with respect to such content created by the User.
- Except as expressly provided herein, the User acknowledges and agrees that it shall not copy, republish, post, display, translate, transmit, reproduce or distribute or in any other way infringe any Intellectual Property Right through any medium without obtaining the necessary authorization from the Website or the thirty party owner of such Intellectual Property Right.
- Reviews, Feedback, Submissions
- All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Site on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain the property of Nikshan. Such disclosure, submission or offer of any Comments shall constitute an assignment to Nikshan of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Nikshan owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Nikshan will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
- Nikshan is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. Nikshan does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site.
- You grant Nikshan the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Nikshan and its affiliates for all claims resulting from any Comments you submit. Nikshan and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
9.1 The User hereby indemnifies, defends and holds harmless the entity owning and operating Nikshan, its subsidiaries, affiliates, vendors, agents and their respective directors, partners, officers, employees, contractors and agents (herein after individually and collectively referred to as “indemnified parties”) from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with :
- The User’s breach of these Terms; or
- Any claims made by any third party due to, or arising out of, or in connection with, the User’s use of the Website; or
- Any claim that any third party IPR, proprietary information, content or materials provided by the User causes any damage to a third party; or
- Violation of any rights of any third party by the User, including any IPR.
9.2 Each an “Indemnity Event”, upon occurrence of an Indemnity Event, the Website may notify the User of any claims which the User shall be liable to indemnify the Website against. The User shall then be obligated to consult with the Website regarding the course of action to be undertaken in defending such a claim.
9.3 The User shall not compromise or settle any claim or admit any liability or wrongdoing on the part of the Website without the express prior written consent of the Website, which can be withheld or denied or conditioned by the Website in its sole discretion.
9.3 Notwithstanding anything to contrary, the Website’s entire and aggregate liability to the User under and in relation to these Terms shall not exceed the greater of Indian Rupees One Hundred (INR 100) or the amount of fees, if any, paid by the User to the Website under the relevant order to which the cause of action for the liability relates. Notwithstanding anything to contrary, in no event shall the Website, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to the User for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not the Website has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with the User’s use of or access to the Website or the Product.
This Website originates from Kannur city in Kannur District of Kerala, India. This Agreement will be governed by the laws of the union of Indian and the State of Kerala without regard to its conflict of law principles to the contrary. Neither you nor Nikshan will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in Kannur, Kerala. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
- Force Majeure.
Nikshan will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
- Cessation of Operation
Nikshan may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
- Entire Agreement
This Agreement comprises the entire agreement between you and Nikshan and supersedes any prior agreements pertaining to the subject matter contained herein.
- Effect of Waiver
The failure of Nikshan to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
- Statute of Limitation
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Waiver of Class Action Rights.
By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this Agreement Must Be Asserted Individually.
Nikshan reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Nikshan may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, [Nikshan reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Nikshan chooses, in its sole discretion and without advance to you, to terminate it.
- Domestic Use.
Nikshan makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. Nikshan may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
- Grievance officer
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website. In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Bank Road, Kannur, Kerala – 670001
Email: [email protected]
Phone: 0497 270 4664
Time: Mon – Sat (11:00 – 20:00)