Terms of service

By subscription to or usage of the services offered, you have confirmed to have taken note and acknowledged the Terms & Conditions laid down hereunder. You are legally bound by the Terms & Conditions upon subscription or usage of our services. These Terms & Conditions supersede all earlier representations, understandings, or agreements and shall prevail despite any variance with any other terms in relation to any order placed or service provided by Nar Maada. Accessing, browsing, or using the site in any other way indicates your consent to all the Terms & Conditions in this agreement. All products/services and information displayed on narmaada.com constitute an ‘invitation to offer. Any order you make constitutes your ‘offer’ which shall be subject to the Terms and Conditions as listed below. If you do not want to be bound by the terms, you must not subscribe to or use our services. Nar Maada reserves the right to accept or reject your offer.

As used in this document, the following terms shall have the following respective meanings:

‘Agreement’ shall refer to this document with Terms and Conditions including all schedules, appendices, annexes, privacy policy, and will include the references to this agreement as amended, negated, supplemented, varied, or replaced from time to time. ‘We’ / ‘Us’ / ‘Our’ / ‘narmaada.com’ / ‘Nar Maada’ / shall refer to the online shopping platform and the services provided by it, which are owned and operated by Nar Maada and its affiliates. ‘Product/Products shall mean and include the goods/merchandise/products /services /offers /display items that are uploaded/ showcased/ displayed on narmaada.com and the related description, information, procedure, processes, warranties, delivery schedule, etc. ‘Customer’ / ‘buyer’ shall refer to the person or any legal entity who accepts the offer for sale on narmaada.com by placing an order for and purchasing any product offered for sale. ‘User’ / ‘you’ shall refer to and include any person or legal entity that uses or accesses the services provided on Nar Maada. ‘Service Providers’ shall refer to the independent third-party service providers.

 

INTRODUCTION

The website www.narmaada.com is an Internet-based content platform and eCommerce portal owned and operated by Nar Maada, a company incorporated under the laws of India.

 

Use of the website by you will be based on the condition that you accept all the terms, conditions, and notices contained in these terms, as they may be posted on the website from time to time. We always have the sole discretionary right, not to accept a User from registering on the website without assigning any reason thereof.

 

SERVICES OFFERED

narmaada.com provides a number of Internet-based services through the website ( collectively ‘Service’). One such service enables users to purchase original merchandise such as clothing (hereinafter collectively referred to as ‘Products’). Upon placing an order, narmaada.com shall ship the product to you and you shall be entitled to payment for the services.

  

LIMITED USER

The user agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from this website.

 

USER CONDUCT AND RULES

You agree and undertake to use the website and the service 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 using a Service, 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 on another person’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, or 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 to any particular service.

·         Violate any applicable laws or regulations for the time being in force, in or outside India.

·         Violate any of the Terms and Conditions of this Agreement or any other Terms and Conditions in relation to the use of the website contained elsewhere herein.

 

USER WARRANTY AND REPRESENTATION

You, as the user, guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorize to use. The content shall not infringe the rights (inclusive of intellectual property rights) of any third parties. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright, formerly or currently used by you in connection with the services rendered by narmaada.com

 

EXACTNESS NOT GUARANTEED

narmaada.com hereby disclaims any guarantees of exactness of the finish and appearance of the final product to what the user saw and ordered online. The quality of any products, services, information, or other material purchased or obtained by you through the website may not meet your expectations. Information about prices, products, and services are for informational purpose only. The product images are for representation only. We cannot guarantee that information is 100% correct. We will not be liable for any omissions, errors, or delays, or any kind of losses, injuries, and damages arising from its display or use.

Nar Maada and its affiliates attempt to be as accurate as possible. However, it does not warrant that the product description or other content or prices/amounts on this site are accurate, complete, reliable, current, or error-free. If a product offered by Nar Maada itself is not as described, your sole remedy is to return it in unused condition.

 

INTELLECTUAL PROPERTY RIGHTS

 

USER CONDUCT AND RULES

Unless otherwise indicated, or anything contained to the contrary or any proprietary material owned by a third party and so explicitly mentioned, narmaada.com owns all Intellectual Property Rights to, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text notwithstanding the foregoing. It is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any kind of text, data, information, images, photographs, music, sound, video, or any other material which you may upload, transmit or store when making use of our various Services. However, with regards to the product customization Service (as against other services like-blogs and forums) you expressly agree that by uploading and posting content on to the website for public viewing and for reproduction/use of your content by third-party users, you accept the user whereby you grant a non-exclusive license for the use of the same tent, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the website belonging to narmaada.com without obtaining authorization from narmaada.com.

LINKS TO THIRD PARTY SITES

The website may contain links to other websites (‘Linked Sites’). These Linked Sites are not under the control of narmaada.com and the website is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates that happen on a Linked Site. narmaada.com is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. narmaada.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement of it by narmaada.com or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY

Nar Maada has made this service available to use as a matter of convenience. Nar Maada disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Nar Maada does not warrant that this site, its servers, or emails sent from Nar Maada are free of viruses or other harmful components. Nar Maada will not be liable for damages of any kind arising from the use of this site, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages. Nar Maada will not be responsible for any damage suffered by users from the use of the services on this site. This, without limitation, includes the loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act/omission of the vendor. This disclaimer of liability also applies to any damage or injury caused by failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. Narmaada.com has endeavored to ensure that all the information on the website is correct, but narmaada.com neither warrants nor makes any representations regarding the quality, accuracy, or completeness of any data, information, Product, or Service. In no event shall narmaada.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:

·         The use or the inability to use the services

·         Unauthorized access to or alteration of the user's transmissions or data

·         Any other matter relating to the services, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website or Service. Neither shall narmaada.com be responsible for the delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, narmaada.com shall not be held responsible for the non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Nar Maada ’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

User agrees and acknowledges that he/she shall be solely responsible for his/her conduct and that Nar Maada reserves the right to terminate their rights to use the service immediately, notwithstanding penal provisions under the Indian cyber laws or any other allied laws enacted by the government of India or any other statutory, legislative or regulatory authority authorized in this regard from time to time. In no event shall Nar Maada, its affiliates, employees, agents, consultants, contracted companies be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Nar Maada sites/services for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement.

Nar Maada shall not be liable for any delay / non-delivery of purchased goods due to flood, fire, wars, acts of God, or any cause that is beyond the control of Nar Maada.

Notwithstanding anything contained herein, in no event shall Nar Maada, its directors, officials, representatives, and employees be liable for any damages or claims relating to products sold through its various platforms. Nar Maada shall only provide replacement and/or manufacturer's warranty in case of Nar Maada branded goods which will vary from goods to goods.

All prices, unless indicated otherwise, are in Indian Rupees. The availability of products is subject to change without prior notice at the sole discretion of Nar Maada, and orders can be canceled if the product goes out of stock. Nar Maada reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price which may be higher or lower than published. This shall be regardless of whether the order has been confirmed and/or payment has been levied via credit card or cheque or otherwise. In such an event, if the payment has been processed by Nar Maada, a refund amount shall be credited to your credit card account and duly notified to you by email or sent by cheque.

In a credit/debit card transaction, you must use a credit /debit card that is issued in the name of the user. Nar Maada will not be liable for any credit/debit card fraud because of the card being used fraudulently. The liability to use a credit/debit card or a net banking transaction fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user. Any request for cancellation of orders once duly placed on the site, shall not be entertained.

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.

In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address) any extra cost incurred by Nar Maada for re-delivery shall be claimed from the User placing the order.

Nar Maada reserves the right to charge a fee for any or such facilities or freight or handling charges or shipping charges or statutory taxes. Nar Maada and its affiliates reserve the right to cancel orders for the product at their sole discretion for any reason which can include but is not limited to, the product being out of stock, or for any other reason without intimation to the user.

INDEMNIFICATION

You agree to indemnify and defend narmaada.com from and against any and all losses, liabilities, claims, damages, costs, and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by narmaada.com arising out of, resulting from, or maybe payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.

PRICING

Prices for products are mentioned on our website and are incorporated into these Terms for reference. All prices are in Indian rupees. Prices, products, and services may change at Nar Maada 's discretion.

TERMINATION

Narmaada.com may suspend or terminate your use of the website or any Service if it believes, in its sole and absolute discretion, that you have breached any Term of Use.

Notwithstanding the above, these Terms will survive indefinitely unless and until narmaada.com chooses to terminate them. If you or narmaada.com terminates your use of the website or any Service, narmaada.com may delete any content or other materials relating to your use of the Service and narmaada.com will have no liability to you or any third party for doing so. You shall be liable to pay for any service or product that you have already ordered till the time of termination by either party.

GOVERNING LAW

These Terms and Conditions shall be governed by and constructed in accordance with the laws of India and shall be subject to the exclusive jurisdiction of the courts at Jabalpur.

HEADINGS

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent, or intent of the terms or the right to use the website by you contained herein or any other section or pages of the website or any Linked Sites in any manner whatsoever.

INTERPRETATION OF NUMBER AND GENDERS

The terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall represent the corresponding masculine and feminine. The words ‘include’, ‘includes’, and ‘including’ shall be deemed to be followed by the phrase ‘without limitation’. Unless the context otherwise requires, the terms ‘herein’, ‘hereof’, ‘hereto’, ‘hereunder’, and words of similar import refer to the terms as a whole.

SEVERABILITY

If any provision of the terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall apply only to such provision or part of such provision, and the remaining part of that provision and all other provisions of these terms shall continue to be in full force and effect.

REPORT ABUSE

As per these Terms, users are solely responsible for every material or content uploaded to the website. narmaada.com does not review the contents in any way before they appear on the website. narmaada.com does not verify, endorse or otherwise vouch for the content by any user or any content generally posted or uploaded onto the website. Users can be held legally liable for their content, and, if their content or material includes, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these terms, please report to info.narmaada@gmail.com.

ENTIRE AGREEMENT

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses as above shall survive the termination or expiry of this agreement.

 

 

 

OFFICE ADDRESS

NAR MAADA

1177/4, Near Post Office,
Prem Nagar,
Jabalpur – 482001

INDIA