Terms & Conditions
Last updated: November 01, 2023
1. Introduction
Welcome to Nidraz by Nidraz Pvt. Ltd. (“Company”,
“we”, “our”, “us”)!
These Terms of Service (“Terms”, “Terms of Service”) govern
your use of our website located at nidraz.com (together
or individually “Service”) operated by Nidraz Pvt. Ltd.
Our Privacy Policy also governs your use of our Service and
explains how we collect, safeguard and disclose information that results from
your use of our web pages.
Your agreement with us includes these Terms and our Privacy
Policy (“Agreements”). You acknowledge that you have read and understood
Agreements, and agree to be bound of them.
If you do not agree with (or cannot comply with)
Agreements, then you may not use the Services. These Terms apply to all
visitors, users and others who wish to access or use Service.
2. Communications
By using our Service, you agree to subscribe to
newsletters, marketing or promotional materials and other information we may
send. However, you may opt out of receiving any, or all, of these
communications from us by following the unsubscribe link or by emailing
at care@nidraz.com.
3. Purchases
If you wish to purchase any product or service made
available through Service (“Purchase”), you may be asked to supply certain
information relevant to your Purchase including but not limited to, your
contact phone number, email id, your billing address, your shipping information
and payment details.
You represent and warrant that: (i) you have the legal
right to use any card(s) or other payment method(s) in connection with any
Purchase; and that (ii) the information you supply to us is true, correct and
complete.
We may employ the use of third-party services for the
purpose of facilitating payment and the completion of Purchases. By submitting
your information, you grant us the right to provide the information to these
third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any
time for reasons including but not limited to: product or service availability,
errors in the description or price of the product or service, error in your
order or other reasons.
We reserve the right to refuse or cancel your order if
fraud or an unauthorized or illegal transaction is suspected.
4. Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions
(collectively, “Promotions”) made available through Service may be governed by
rules that are separate from these Terms of Service. If you participate in any
Promotions, please review the applicable rules as well as our Privacy Policy.
If the rules for a Promotion conflict with these Terms of Service, Promotion
rules will apply.
5. Subscriptions
Some parts of Service are billed on a subscription basis
("Subscription(s)"). You will be billed in advance on a recurring and
periodic basis ("Billing Cycle"). Billing cycles will be set
depending on the type of subscription plan you select when purchasing a
Subscription.
At the end of each Billing Cycle, your Subscription will
automatically renew under the exact same conditions unless you cancel it
or Nidraz Pvt. Ltd. cancels it. You may cancel your
Subscription renewal either through your online account management page or by
contacting care@nidraz.com customer support team.
A valid payment method is required to process the payment
for your subscription. You shall provide Nidraz Pvt. Ltd. with
accurate and complete billing information that may include but not limited to
full name, address, state, postal or zip code, telephone number, and a valid
payment method information. By submitting such payment information, you
automatically authorize Nidraz Pvt. Ltd. to
charge all Subscription fees incurred through your account to any such payment
instruments.
Should automatic billing fail to occur for any
reason, Nidraz Pvt. Ltd. reserves the right to terminate your
access to the Service with immediate effect.
6. Free Trial
Nidraz Pvt. Ltd. may, at its sole discretion, offer a Subscription
with a free trial for a limited period of time ("Free Trial").
You may be required to enter your billing information in
order to sign up for Free Trial.
If you do enter your billing information when signing up
for Free Trial, you will not be charged by Nidraz Pvt. Ltd. until
Free Trial has expired. On the last day of Free Trial period, unless you
cancelled your Subscription, you will be automatically charged the applicable
Subscription fees for the type of Subscription you have selected.
At any time and without notice, Nidraz Pvt. Ltd. reserves the right to (i) modify
Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.
7. Fee Changes
Nidraz Pvt. Ltd., in its sole discretion and at any time, may modify
Subscription fees for the Subscriptions. Any Subscription fee change will
become effective at the end of the then-current Billing Cycle.
Nidraz Pvt. Ltd. will provide you with a reasonable prior notice of
any change in Subscription fees to give you an opportunity to terminate your
Subscription before such change becomes effective.
Your continued use of Service after Subscription fee change
comes into effect constitutes your agreement to pay the modified Subscription
fee amount.
8. Refunds
Products offered on Service is by 3rd party
sellers. We issue refunds for Products purchased as per the refund terms of
each seller. Please see details on each product page for return/refund policy.
9. Content
Our Service allows you to post, link, store, share and
otherwise make available certain information, text, graphics, videos, or other
material (“Content”). You are responsible for Content that you post on or
through Service, including its legality, reliability, and appropriateness.
By posting Content on or through Service, You represent and
warrant that: (i) Content is yours (you own it) and/or you have the right to
use it and the right to grant us the rights and license as provided in these
Terms, and (ii) that the posting of your Content on or through Service does not
violate the privacy rights, publicity rights, copyrights, contract rights or
any other rights of any person or entity. We reserve the right to terminate the
account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you
submit, post or display on or through Service and you are responsible for
protecting those rights. We take no responsibility and assume no liability for
Content you or any third party posts on or through Service. However, by posting
Content using Service you grant us the right and license to use, modify,
publicly perform, publicly display, reproduce, and distribute such Content on
and through Service. You agree that this license includes the right for us to
make your Content available to other users of Service, who may also use your
Content subject to these Terms.
Nidraz Pvt. Ltd. has the right but not the obligation to monitor and
edit all Content provided by users.
In addition, Content found on or through this Service are
the property of Nidraz Pvt. Ltd. or used with
permission. You may not distribute, modify, transmit, reuse, download, repost,
copy, or use said Content, whether in whole or in part, for commercial purposes
or for personal gain, without express advance written permission from us.
10. Prohibited Uses
You may use Service only for lawful purposes and in
accordance with Terms. You agree not to use Service:
0.1. In any way that violates any applicable national or
international law or regulation.
0.2. For the purpose of exploiting, harming, or attempting
to exploit or harm minors in any way by exposing them to inappropriate content
or otherwise.
0.3. To transmit, or procure the sending of, any
advertising or promotional material, including any “junk mail”, “chain letter,”
“spam,” or any other similar solicitation.
0.4. To impersonate or attempt to impersonate Company, a
Company employee, another user, or any other person or entity.
0.5. In any way that infringes upon the rights of others,
or in any way is illegal, threatening, fraudulent, or harmful, or in connection
with any unlawful, illegal, fraudulent, or harmful purpose or activity.
0.6. To engage in any other conduct that restricts or
inhibits anyone’s use or enjoyment of Service, or which, as determined by us,
may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
0.1. Use Service in any manner that could disable,
overburden, damage, or impair Service or interfere with any other party’s use
of Service, including their ability to engage in real time activities through
Service.
0.2. Use any robot, spider, or other automatic device,
process, or means to access Service for any purpose, including monitoring or
copying any of the material on Service.
0.3. Use any manual process to monitor or copy any of the
material on Service or for any other unauthorized purpose without our prior
written consent.
0.4. Use any device, software, or routine that interferes
with the proper working of Service.
0.5. Introduce any viruses, trojan horses, worms, logic
bombs, or other material which is malicious or technologically harmful.
0.6. Attempt to gain unauthorized access to, interfere
with, damage, or disrupt any parts of Service, the server on which Service is
stored, or any server, computer, or database connected to Service.
0.7. Attack Service via a denial-of-service attack or a
distributed denial-of-service attack.
0.8. Take any action that may damage or falsify Company
rating.
0.9. Otherwise attempt to interfere with the proper working
of Service.
11. Analytics
We may use third-party Service Providers to monitor and
analyze the use of our Service.
12. No Use By Minors
Service is intended only for access and use by individuals
at least eighteen (18) years old. By accessing or using Service, you warrant
and represent that you are at least eighteen (18) years of age and with the
full authority, right, and capacity to enter into this agreement and abide by
all of the terms and conditions of Terms. If you are not at least eighteen (18)
years old, you are prohibited from both the access and usage of Service.
13. Accounts
When you create an account with us, you guarantee that you
are above the age of 18, and that the information you provide us is accurate,
complete, and current at all times. Inaccurate, incomplete, or obsolete
information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of
your account and password, including but not limited to the restriction of
access to your computer and/or account. You agree to accept responsibility for
any and all activities or actions that occur under your account and/or
password, whether your password is with our Service or a third-party service.
You must notify us immediately upon becoming aware of any breach of security or
unauthorized use of your account.
You may not use as a username the name of another person or
entity or that is not lawfully available for use, a name or trademark that is
subject to any rights of another person or entity other than you, without
appropriate authorization. You may not use as a username any name that is
offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in our sole discretion.
14. Intellectual Property
Service and its original content (excluding Content
provided by users/sellers), features and functionality are and will remain the
exclusive property of Nidraz Pvt. Ltd. and
its licensors. Service is protected by copyright, trademark, and other laws
of and foreign countries. Our trademarks may not be used in connection
with any product or service without the prior written consent of Nidraz Pvt. Ltd.
15. Copyright Policy
We respect the intellectual property rights of others. It
is our policy to respond to any claim that Content posted on Service infringes
on the copyright or other intellectual property rights (“Infringement”) of any
person or entity.
If you are a copyright owner, or authorized on behalf of
one, and you believe that the copyrighted work has been copied in a way that
constitutes copyright infringement, please submit your claim via email to care@nidraz.com, with
the subject line: “Copyright Infringement” and include in your claim a detailed
description of the alleged Infringement as detailed below, under applicable
laws.
You may be held accountable for damages (including costs
and attorneys’ fees) for misrepresentation or bad-faith claims on the
infringement of any Content found on and/or through Service on your copyright.
16. Notice and Procedure for Copyright
Infringement Claims
You may submit a notification pursuant to the applicable
laws by providing our Copyright Agent with the following information in
writing:
0.1. an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright’s interest;
0.2. a description of the copyrighted work that you claim
has been infringed, including the URL (i.e., web page address) of the location
where the copyrighted work exists or a copy of the copyrighted work;
0.3. identification of the URL or other specific location
on Service where the material that you claim is infringing is located;
0.4. your address, telephone number, and email address;
0.5. a statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its agent, or
the law;
0.6. a statement by you, made under penalty of perjury,
that the above information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at care@nidraz.com.
17. Error Reporting and Feedback
You may provide us either directly at care@nidraz.com or via third party sites and tools
with information and feedback concerning errors, suggestions for improvements,
ideas, problems, complaints, and other matters related to our Service
(“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire
or assert any intellectual property right or other right, title or interest in
or to the Feedback; (ii) Company may have development ideas similar to the
Feedback; (iii) Feedback does not contain confidential information or
proprietary information from you or any third party; and (iv) Company is not
under any obligation of confidentiality with respect to the Feedback. In the
event the transfer of the ownership to the Feedback is not possible due to
applicable mandatory laws, you grant Company and its affiliates an exclusive,
transferable, irrevocable, free-of-charge, sub-licensable, unlimited and
perpetual right to use (including copy, modify, create derivative works,
publish, distribute and commercialize) Feedback in any manner and for any purpose.
18. Links To Other Web Sites
Our Service may contain links to third party web sites or
services that are not owned or controlled by Nidraz Pvt. Ltd.
Nidraz Pvt. Ltd. has no control over, and assumes no responsibility
for the content, privacy policies, or practices of any third party web sites or
services. We do not warrant the offerings of any of these entities/individuals
or their websites.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE
RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR
ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH
CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEB
SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND
PRIVACY POLICIES OF ANY THIRD-PARTY WEB SITES OR SERVICES THAT YOU VISIT.
19. Disclaimer of Warranty
THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND
“AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE
INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT
YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED
FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY
MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS,
SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.
WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH
COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE,
ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES
OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED
TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR
PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT
BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
20. Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING
ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND
ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR
ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR
OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,
INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE,
ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR
LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY
LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO
THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES
WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
21. Termination
We may terminate or suspend your account and bar access to
Service immediately, without prior notice or liability, under our sole
discretion, for any reason whatsoever and without limitation, including but not
limited to a breach of Terms.
If you wish to terminate your account, you may simply
discontinue using Service.
All provisions of Terms which by their nature should
survive termination shall survive termination, including, without limitation,
ownership provisions, warranty disclaimers, indemnity and limitations of
liability.
22. Governing Law
These Terms shall be governed and construed in accordance
with the laws of Government of India, which governing
law applies to agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these
Terms will not be considered a waiver of those rights. If any provision of
these Terms is held to be invalid or unenforceable by a court, the remaining
provisions of these Terms will remain in effect. These Terms constitute the
entire agreement between us regarding our Service and supersede and replace any
prior agreements we might have had between us regarding Service.
23. Changes To Service
We reserve the right to withdraw or amend our Service, and
any service or material we provide via Service, in our sole discretion without
notice. We will not be liable if for any reason all or any part of Service is
unavailable at any time or for any period. From time to time, we may restrict
access to some parts of Service, or the entire Service, to users, including
registered users.
24. Amendments To Terms
We may amend Terms at any time by posting the amended terms
on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of
revised Terms means that you accept and agree to the changes. You are expected
to check this page frequently so you are aware of any changes, as they are
binding on you.
By continuing to access or use our Service after any
revisions become effective, you agree to be bound by the revised terms. If you
do not agree to the new terms, you are no longer authorized to use Service.
25. Waiver And Severability
No waiver by Company of any term or condition set forth in
Terms shall be deemed a further or continuing waiver of such term or condition
or a waiver of any other term or condition, and any failure of Company to
assert a right or provision under Terms shall not constitute a waiver of such
right or provision.
If any provision of Terms is held by a court or other
tribunal of competent jurisdiction to be invalid, illegal or unenforceable for
any reason, such provision shall be eliminated or limited to the minimum extent
such that the remaining provisions of Terms will continue in full force and
effect.
26. Acknowledgement
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU
ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY
THEM.
27. Contact Us
Please send your feedback, comments, requests for technical
support by email: care@nidraz.com.
