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Ninecolours.com is an Internet-based content and e-commerce portal by NIVAKA FASHIONS LTD, a firm incorporated under the laws of India. Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions, and notices contained in these Terms, as may be posted on the Website from time to time. Ninecolours.com at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
ACCEPTANCE OF TERMS AND CONDITIONS
Please read the following terms and conditions very carefully as your use of the service is subject to your acceptance of and compliance with the following terms and conditions ("Terms"). You must read and agree to be bound by the Terms of Service, before using the Website or subscribing to any products or service made available through or on the Website, including the sale, supply, payment, delivery, return, or rejection of the products or services made available on, through or in connection with this Website (collectively the “Services”). If you do not agree to be bound by the Terms of Service, do not use or subscribe to the Website or the Products / Services. In these Terms, references to "you", "User" shall mean the end user accessing the Website, its contents and using the Services offered through the website www.ninecolours.com, "Service Providers" mean independent third party service providers, and "we", "us" and "our" shall mean NIVAKA FASHIONS LTD. We at our sole discretion reserve the right to change, amend, or modify the Terms of Service at any time, without notifying you or assigning any reasons. You are responsible for regularly reviewing the Terms of Service. If you do not agree to any changes or updates to the Terms of Service, your remedy is to not use the Website and to cancel any accounts or Services you have signed up for. Your continued use of the Website or the Services after a change or update has been made to the Terms of Service will constitute your acceptance of such change or update. If you violate any Terms of Service, we may issue a warning about the violation, or we may choose, at our sole discretion, to immediately terminate or suspend any and all accounts that you have established, without assigning any reasons. You acknowledge that we are not required to provide you notice before terminating or suspending our Services, but may choose to do so. We reserve the right to deny, in our sole discretion, any user access to the Website or Services without notice and for any reason (including, without limitation, for violation of these Terms of Service).
USER ACCOUNT'S PASSWORD AND SECURITY
PLACEMENT OF AN ORDER
In order to enable you to view and place orders for any products made available on the Website, we will provide you with a visual representation of the product together with a summary description of the product. While every effort is made to provide accurate visual representations, cannot guarantee the exactness of such visual representation or description to the finish and appearance of the final product delivered to you. Alterations in certain aspects of your order such as appearance, size, or color may be caused due to differences in brands and size charts of different brands, the number of pixels in an image, and other circumstances that are not within our control. You may place a binding order by using your User Account, for any product made available on the website pursuant to and upon completion of all the procedures prescribed on the website for ordering the products on the website, including by way of providing the necessary address and contact details requested at the time of placing orders for shipment of the products ordered. Non-completion of such procedure prescribed on the website shall not constitute a binding order and we will have no corresponding obligation to deliver the products ordered. You may not change the address for delivery of the products provided by you after you place the binding order. To rectify any errors in a binding order you must contact our customer service representative. Provided that, acceptance of any such change or rectification is at our sole discretion and our decision in this regard is final and binding. Provided further that, you will be responsible for and hereby agree to indemnify us against all loss, including charges for shipment of the product if applicable. Unauthorized use of other www.ninecolours.com user accounts (other than your own), and providing false information, including false identification, contact, or shipment details constitutes fraud. You agree and undertake to indemnify us against all damages, costs, or losses incurred by us due to such fraudulent activity, in addition to any other remedy that is available to us under the law for the time being in force, against you for such fraudulent activity.
PRICING AND PAYMENTS
All prices are in Indian Rupees. Prices, available products, or other Services may change from time to time at our sole discretion. Pricing on a product or related Service is generally as shown on the website. Terms of payment are within our sole discretion, and unless otherwise agreed to by us, we must receive full payment prior to our acceptance of an order. Payment for the products must be made by credit or debit card, cash on delivery, or some other prearranged payment method specified on the Website. Orders are not binding upon us until accepted by us, and we reserve the right to decline the acceptance of any order. Prices shown are inclusive of applicable taxes. Shipping, handling, and cash on delivery charges may be additionally payable and will be notified from time to time. Please review our shipping policy in this regard. Due to technical issues, typographical errors or information received from our suppliers and service providers, prices of the products shown on the website may vary during the order process. If you come across any errors in pricing or billing, we request you contact us within 24 hours of receiving your order so that we may provide a remedy for the same. Despite our best efforts, any product displayed/offered for sale on our website may be mispriced. However, we verify prices as part of our dispatch procedures. If an item's correct price is lower than our stated price, we charge the lower amount and send you the item. If a product's correct price is higher than our stated price, we will cancel your order and notify you of that cancellation. While carrying out payment, through any of the payment channels provided on the Website, we are not responsible for losses or damage, if any, caused in connection with such transaction, including any losses caused by the payment gateway or due to drops in connection or duplication of orders due to double-ordering.
SHIPPING, INSPECTION AND RETURNS
We will arrange shipping of the products ordered to your address in the manner specified in an accepted order. Title and risk of loss for all products ordered by you shall pass on to you upon shipment by www.ninecolours.com to the shipping carrier. The costs of shipping and handling and other charges will be shown on your purchase receipt. We will inform you of estimated shipment dates, but will not be responsible for delays in delivery due to events beyond our control, including shortage of materials, labor strikes, transportation failure, defaults attributable to the shipping or Courier Company, or acts of God. Returns will be dealt with only as per the returns policy posted on the Website at the time of acceptance of the binding order.
LIMITATIONS ON USE OF SERVICES
Your license to use the Services or the Website is limited by the Terms of Service. All software made available to access the Services (“Software”) is copyrighted work owned by or licensed to us. We hereby grant you a personal, non-exclusive, non-transferable, revocable, limited-scope license to use the Software solely for the purpose of viewing and using the applicable Services and the Website and for no other purpose whatsoever. You agree and undertake not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, reverse engineer, create derivative works from, adapt, translate, transfer, sell any information, software, products, or services obtained from the Services or the Website, without our prior express written consent. You may not reverse engineer, decompile, or disassemble any Software, including any proprietary communications protocol used by such Software. You may not use any software or hardware that reduces the number of users directly accessing or using the Services. As a condition of your use of the Services and the Website, you will not use the Services or the Website for any purpose that is unlawful or otherwise prohibited by the terms, conditions, and notices included in these Terms of Service. You may not use the Website in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or threaten or interfere with any other person’s use or enjoyment of the Website.
RULES OF CONDUCT
The Website and Services provided may include e-mail services, blogs, reviews, forums, bulletin boards, or communication facilities designed to enable you to communicate with others or express your opinion (the “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and, when applicable, related to the particular Communication Service. We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to the Communication Services and to remove any materials at any time, without notice, for any reason, and at our sole discretion. We also reserve the right to terminate or suspend your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. You acknowledge that chats, postings, conferences, and other communication by users are not controlled or endorsed by us, and such communication shall not be considered reviewed, screened, or approved by us. Statements made in forums, conferences, bulletin boards, and chats reflect only the views of their authors. We specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in viewing or other use of any Communication Services. Managers and hosts are not our authorized spokespersons, and their views do not necessarily reflect our views. You acknowledge and agree that your communication via the Communications Services is public and not private communication, and that you have no expectation of privacy concerning your use of these Communications Services. You acknowledge that personal information that you communicate on the Communication Services may be seen and used by others and result in unsolicited communications. Therefore, we strongly encourage you to not disclose any personal information about yourself in your public communications on our Services. We are not responsible for information that you choose to communicate to other users via the Communication Services, or for the actions of other users. We reserve the right at all times to disclose any information or materials found on the Communication Services as we deem necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any such information or materials, in whole or in part, in our sole discretion. In furtherance of the foregoing, and by way of example and not as a limitation, you agree that you will not access or use the Website, the Services, including any related Communication Services, in order to directly or indirectly do any of the following.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, www.ninecolours.com owns all Intellectual Property Rights to and into the Website, 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, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce, or distribute any content from the Website belonging to www.ninecolours.com without obtaining authorization from www.ninecolours.com.
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 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 Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content onto the Website for public viewing and 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.
“Content” shall mean the Software, communications, images, sounds, and all the material and information you see on the Website or in connection with the Services, whether provided by us or by users of the Services. Strong or vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for the Website. Our representatives may monitor your communications on the Website. However we cannot monitor all of the Content on the Website, and we do not attempt to do so. If you encounter something you find objectionable and in violation of these Terms of Services, you can report it to [email protected].We do not endorse, approve, or pre-screen any Content that you or any other third parties communicate. You bear the entire risk of the completeness, accuracy, or usefulness of Content found on the Website. We do not assume any responsibility or liability for Content that is generated by third-party websites or members, users, or other guests on our Website. We have the right, but not the obligation, in our sole discretion to edit, refuse to post or remove any Content posted on the Website or in connection with any Service. Without limiting the foregoing, our affiliates and we have the right to remove any Content that is in violation of the provisions of these Terms of Service or is otherwise objectionable.
The Website and Services, including, without limitation, all Software and Content, contain copyrighted material, trademarks, and other proprietary information (including, without limitation, images, photographs, music, and text, incorporated into the Software and data). The entire contents of the Services and the Website and each area contained therein are copyright protected as a collective work under the laws of India. We, our licensors, and our or their respective affiliates, as the case may be, own copyright in the selection, coordination, arrangement, and enhancement of such Content. You acknowledge that we, our licensors, and our or their respective affiliates, as the case may be, are and remain the owners of all rights, titles, and interests including copyrights and other intellectual property rights, in and to all materials posted on the Services or the Website and derivative works thereof, and that you do not acquire any of those ownership rights by accessing or posting such materials. You hereby acknowledge and agree that you have no proprietary interest, moral rights, performer’s rights, copyright, or other intellectual property rights in any account details, photographs uploaded, other Content on the Website, or any other materials appearing in or generated by the use of the Services. You further assure us that any such account details, photographs, or other Content provided by you are copyright-free and do not infringe the intellectual property rights or privacy rights of any third party. You further acknowledge that other users and viewers of the Website have the right to copy, use, read, and paste the information or other material posted by you on the Website.
DISCLAIMER OF WARRANTIES / LIMITATION OF LIABILITY
Ninecolours.com has attempted to ensure that all the information on the Website is correct, but www.ninecolours.com neither warrants nor makes any representations regarding the quality, accuracy, or completeness of any data, information, product, or Service. In no event should www.ninecolours.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from (a) the use or the inability to use the Services or Products; (b) unauthorized access to or alteration of the user's transmissions or data; (c) 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 www.ninecolours.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, www.ninecolours.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 our 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.
You agree to indemnify, defend, and hold harmless www.ninecolours.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 www.ninecolours.com that arise out of, result from, or may be 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.
USER WARRANTS AND REPRESENTATION
The user guarantees, warrants, and certifies that you are the owner of the content that you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights, or other rights of others. 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 www.ninecolours.com.
CANCELLATION OF FRAUDULENT ORDERS
To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, www.ninecolours.com reserves the right to cancel all past, pending, and future orders without any liability. Ninecolours.com also reserves the right to refuse or cancel orders in scenarios like inaccuracies in the pricing of products on the website and stock unavailability. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your card has been charged, the said amount will be reversed to your Card Account. Ninecolours.com may cancel any orders at any stage of the product delivery if the products ordered are not for self-consumption but for commercial resale, multiple orders are placed for the same product at the same address, the bulk quantity of the same product ordered, invalid address given in order details or any malpractice used to place the order. Any promotional voucher used for the canceled orders may not be refunded.
YOU DESIGN (DIY) TERMS & CONDITIONS:
SAME DAY DISPATCH PRODUCT & SERVICE:
We may from time to time introduce vouchers, offers, and other promotional schemes on the Website. The terms and conditions governing these schemes shall be specified while introducing these schemes. Provided that, in the event of any conflict between the Terms of Service described below and the terms and conditions of such schemes, the terms and conditions of the schemes shall prevail:
Coupons can only be used to buy full-priced (non-discounted) products. Coupons cannot be clubbed with any other offer. For a single transaction, only one coupon can be used. Coupons are valid for 30 days from registration.
The terms and conditions of the Loyalty Program- “Colours Club”:
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JURISDICTIONAL ISSUES AND EXPORT CONTROL LAWS
We offer the products and Services from our offices in India. If you choose to access the Service from any other locations, you do so on your own initiative and are responsible for compliance with all local laws, if and to the extent local laws are applicable. You agree to abide by applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or any software or other materials subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Website any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.
LINKS TO THIRD-PARTY WEBSITES
The links to third-party websites (hereinafter referred to as “Linked Websites”) appearing on the Website will let you leave the Website. These linked websites are not controlled by us and may collect data or solicit personal information from you. We, our licensors, and our or their respective affiliates and agents are not responsible for such linked websites, content, business practices, or privacy policies, or for the collection, use, or disclosure of any information by those websites. We provide such linked websites only as a matter of convenience and the inclusion of any link does not imply an endorsement by us of such linked websites.
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. These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Mumbai, India. We may assign our rights or delegate or sub-contract our responsibilities under the Terms of Service, in whole or in part, at any time and at our sole discretion. Our rights and obligations under these Terms of Service, including any waivers and limitations thereof, shall inure to the benefit of and shall be binding upon such assignees or sub-contractors. Our performance of this agreement is subject to existing laws and legal processes, and nothing contained in the Terms of Service is in derogation of our right to comply with any governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by with respect to such use. You agree to indemnify and hold the Parties, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party or suffered by us due to or arising out of your use of the Services or the Website. If any part of the Terms of Service is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect. The Terms of Service, including the documents expressly incorporated by reference, constitute the entire agreement between you and us with respect to the Services and the Website and such agreements supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and us with respect to the Services or the Website. You represent that you have not relied on any such communications in choosing to accept the Terms of Service. A printed version of the Terms of Service and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Our failure to enforce at any time any of the provisions of the Terms of Service shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. Our express waiver of any provision, condition, or requirement of the Terms of Services shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement. Notwithstanding anything else in the Terms of Service, no default, delay, or failure to perform on our part shall be considered a breach of this agreement if such default, delay, or failure to perform is shown to be due to causes beyond our reasonable control. All notices given by you or required under the Terms of Service shall be in writing and addressed to [email protected]. We may give notice to you by means of a general notice on the Service, electronic mail to your e-mail address on record with us, or by written communication sent by post or overnight courier to your address on record with us. The Terms of Service and all correspondence and all documentation relating to this agreement shall be in English.