Terms & Conditions
Terms
& Conditions
Services overview
As part of the registration process
on the Site, The Nuts Story may collect the following personally identifiable
information about you: Name including first and last name, alternate email
address, mobile phone number and contact details, Postal code, Demographic
profile (like your age, gender, occupation, education, address etc.) and
information about the pages on the site you visit/access, the links you click
on the site, the number of times you access the page and any such browsing
information.
Eligibility
Services of the Site would be
available to only select 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 the
Site. If you are a minor i.e. under the age of 18 years but at least 13 years
of age you may use the Site only under the supervision of a parent or legal
guardian who agrees to be bound by these Terms of Use. If your age is below 18 years
your parents or legal guardians can transact on behalf of you if they are
registered users. You are prohibited from purchasing any material which is for
adult consumption and the sale of which to minors is prohibited.
License & Site access
The Nuts Story grants you a limited
sub-license to access and make personal use of this site and not to download
(other than page caching) or modify it, or any portion of it, except with
express written consent of The Nuts Story. This license does not include any resale
or commercial use of this site or its contents; any collection and use of any
product listings, descriptions, or prices; any derivative use of this site or
its contents; any downloading or copying of account information for the benefit
of another merchant; or any use of data mining, robots, or similar data
gathering and extraction tools. This site or any portion of this site may not
be reproduced, duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without express written consent of The Nuts
Story . You may not frame or utilize framing techniques to enclose any
trademark, logo, or other proprietary information (including images, text, page
layout, or form) of the Site or of The Nuts Story and its affiliates without
express written consent. You may not use any meta tags or any other
"hidden text" utilizing the Site’s or The Nuts Story’s name or
trademarks without the express written consent of The Nuts Story. Any
unauthorized use terminates the permission or license granted by The Nuts Story.
Account & Registration
Obligations
All shoppers have to register and
login for placing orders on the Site. You have to keep your account and
registration details current and correct for communications related to your
purchases from the site.
Pricing
All the products listed on the Site
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 additional charges
will be collected or refunded as the case may be at the time of the delivery of
the order.
You Agree and Confirm:
·
That in the event
that a non-delivery occurs on account of a mistake by you (i.e. wrong name or
address or any other wrong information) any extra cost incurred by The Nuts
Story for redelivery shall be claimed from you
·
That you will use
the services provided by the Site, its affiliates, consultants and contracted
companies, for lawful purposes only and comply with all applicable laws and
regulations while using and transacting on the Site
·
You will provide
authentic and true information in all instances where such information is
requested of you. The Nuts Story reserves the right to confirm and validate the
information and other details provided by you at any point of time. If upon
confirmation your details are found not to be true (wholly or partly), The Nuts
Story has the right in its sole discretion to reject the registration and debar
you from using the Services and / or other affiliated websites without prior
intimation whatsoever
·
That you are
accessing the services available on this Site and transacting at your sole risk
and are using your best and prudent judgment before entering into any
transaction through this Site
·
That the address
at which delivery of the product ordered by you is to be made will be correct
and proper in all respects
·
That before
placing an order you will check the product description carefully. By placing
an order for a product you agree to be bound by the conditions of sale included
in the item's description
You may not use the Site for any of
the following purposes:
·
Disseminating any
unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene,
or otherwise objectionable material
·
Transmitting
material that encourages conduct that constitutes a criminal offence or results
in civil liability or otherwise breaches any relevant laws, regulations or code
of practice
·
Gaining
unauthorized access to other computer systems
·
Interfering with
any other person's use or enjoyment of the Site
·
Breaching any
applicable laws
·
Interfering or
disrupting networks or web sites connected to the Site
Colors
We have made every effort to
display the colors of our products that appear on the Website as accurately as
possible. However, as the actual colors you see will depend on your monitor, we
cannot guarantee that your monitor's display of any color will be accurate.
Modification of Terms &
Conditions of Service
The Nuts Story may at any time
modify the Terms & Conditions of Use of the Website without any prior
notification to you. You can access the latest version of these Terms &
Conditions at any given time on the Site. You should regularly review the Terms
& Conditions on the Site. In the event the modified Terms & Conditions
is not acceptable to you, you should discontinue using the Service. However, if
you continue to use the Service you shall be deemed to have agreed to accept
and abide by the modified Terms & Conditions of Use of this Site.
Governing Law and Jurisdiction
This User Agreement shall be
construed in accordance with the applicable laws of India. The Courts at Pune
shall have exclusive jurisdiction in any proceedings arising out of this
agreement. Any dispute or difference either in interpretation or otherwise, of
any terms of this User Agreement between the parties hereto, the same shall be
referred to an independent arbitrator who will be appointed by The Nuts Story and
his decision shall be final and binding on the parties hereto. The above
arbitration shall be in accordance with the Arbitration and Conciliation Act,
1996 as amended from time to time. The arbitration shall be held in Pune. The
High Court of judicature at Pune alone shall have the jurisdiction and the Laws
of India shall apply.
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 The Nuts Story. Such
disclosure, submission or offer of any Comments shall constitute an assignment
to The Nuts Story of all worldwide rights, titles and interests of intellectual
properties in the Comments. Thus, The Nuts Story 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. The Nuts Story 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. The Nuts Story 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, 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". The
Nuts Story 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 The Nuts Story 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 The Nuts
Story and its affiliates for all claims resulting from any Comments you submit.
The Nuts Story and its affiliates take no responsibility and assume no
liability for any Comments submitted by you or any third party.
Trademark and other intangible property
The Nuts Story expressly reserves
all intellectual property rights in all text, programs, products, processes,
technology, content and other materials, which appear on this Site. Access to this
Website does not confer and shall not be considered as conferring upon anyone
any license under any of The Nuts Story or any third party's intellectual
property rights. All rights, in this website are owned by or licensed to The Nuts Story. Any use of this website or
its contents, including copying or storing it in whole or part, other
than for your own personal, non-commercial use is prohibited without the
permission of The Nuts Story. You may not modify, distribute or re-post
anything on this website for any purpose. The names and logos and all related
product and service names, design marks and slogans are the trademarks or
service marks of The Nuts Story, its affiliates, its partners or its suppliers.
All other marks are the property of their respective companies. No trademark or
service mark license is granted in connection with the materials contained on
this Site
Objectionable
Material
You understand that by using this
Site or any services provided on the Site, you may encounter Content that may
be deemed by some to be offensive, indecent, or objectionable, which Content
may or may not be identified as such. You agree to use the Site and any service
at your sole risk and that to the fullest extent permitted under applicable
law, The Nuts Story and its affiliates shall have no liability to you for
Content that may be deemed offensive, indecent, or objectionable to you.
Indemnity
You agree to defend, indemnify and
hold harmless The Nuts Story, its employees, directors, officers, agents and
their successors and assigns from and against any and all claims, liabilities,
damages, losses, costs and expenses, including attorney's fees, caused by or
arising out of claims based upon your actions or inactions, which may result in
any loss or liability to The Nuts Story or any third party including but not
limited to breach of any warranties, representations or undertakings or in
relation to the non-fulfillment of any of your obligations under this User
Agreement or arising out of the your violation of any applicable laws,
regulations including but not limited to Intellectual Property Rights, payment
of statutory dues and taxes, claim of libel, defamation, violation of rights of
privacy or publicity, loss of service by other subscribers and infringement of
intellectual property or other rights. This clause shall survive the expiry or
termination of this User Agreement.
Termination
This User Agreement is effective
unless and until terminated by either you or The Nuts Story. You may terminate
this User Agreement at any time, provided that you discontinue any further use
of this Site. The Nuts Story may terminate this User Agreement at any time and
may do so immediately without notice, and accordingly deny you access to the
Site. Such termination will be without any liability to The Nuts Story. Upon
any termination of the User Agreement by either you or The Nuts Story, you must
promptly destroy all materials downloaded or otherwise obtained from this Site,
as well as all copies of such materials, whether made under the User Agreement
or otherwise. The Nuts Story’s right to any Comments shall survive any
termination of this User Agreement. Any such termination of the User Agreement
shall not cancel your obligation to pay for the product already ordered from
the Website or affect any liability that may have arisen under the User
Agreement.