Terms
Last updated: 3rd Jan 2022
By accessing and using this site, you accept the following terms and conditions, without limitation or qualification:
1. These Terms of Service (“Terms”, “Terms of Service”) govern your use of this website (“Platform/Website”) operated by nStore Technologies Private Limited (“NTPL”, “we”, “our”, “us”). These Terms apply to all visitors, users and others who wish to access or use the Website.
2. Please carefully go through these Terms of Service and other policies in the Website, before you (“You/Customer, User”) decide to access the Website or avail the services made available on the Website by us.
3. By using this Website or other Services provided by us (“Services”), you acknowledge that you have read these Terms of Service, that you irrevocably accept all the conditions stipulated in the Terms of Use, Privacy Policy, Cookie Policies and other policies (collectively “Policies”) as available on the Website and agree to abide by them.
4. You agree to comply with and be bound by these terms and conditions (“Terms of Use”), which together with our privacy policy (“Privacy Policy”) govern NTPL’s relationship with You.
5. DEFINITIONS
5.1. “Merchant” shall mean the merchants or the retailer who lists their Products in the Platform for sale.
5.2. “Product” shall mean a tangible/ intangible products or services listed on the Platform for sale.
5.3. “nLincs/nPos/Platform/Application” shall mean and include the link, Website or the application provided by Us to the Merchants to enable the Customers to make payment and purchase the Product.
6. COMMUNICATIONS
By using our Platform/Website, you agree to subscribe to our 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 support@nstore.in.
7. SERVICES
The Platform is created by NTPL for the benefit of Customers. By using this Platform/Website, You can order and purchase the Products sold by the Merchant online, get regular updates from the Merchant about offers, reminders, coupons and additional services.
8. PROHIBITED USES
8.1. You may use our Website / Platform only for lawful purposes and in accordance with the Terms. You agree not to use it:
A. In any way that violates any applicable law or regulation.
B. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
C. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
D. To impersonate or attempt to impersonate us, our employee, another User, or any other person or entity.
E. 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.
F. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Website, or which, as determined by us, may harm or offend NTPL or other Users of Website/ Platform or expose them to liability.
8.2. Additionally, you agree not to:
A. Use Website/ Platform in any manner that could disable, overburden, damage, or impair or interfere with any other Party’s use of Website/ Platform.
B. Use any robot, spider, or other automatic device, process, or means to access the Platform/Website for any purpose.
C. Use any manual process to monitor or copy any of the material on Website or for any other unauthorized purpose without our prior written consent.
D. Use any device, software, or routine that interferes with the proper working of Website/ Platform.
E. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
F. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Website, the server on which Website/ Platform is stored, or any server, computer, or database connected to Website.
G. Attack Website/ Platform via a denial-of-service attack or a distributed denial-of-service attack.
H. Take any action that may damage or falsify our reputation.
9. REGISTRATION
9.1. By registering for an account through the Application, You represent and warrant that You are the age of majority (age 18).
9.2. You agree to:
A. provide true, correct, accurate and current information about yourself,
B. maintain the security of your passwords and identification,
C. promptly update the email address listed in connection with your account to keep it accurate so that we can contact You at any point in time, and
D. be fully responsible for all uses of your account. You shall not set up an account on behalf of another individual or entity unless You are authorized to do so.
9.3. You agree to abide by all applicable laws and regulations and are solely responsible for all acts or omissions by You on the Account.
Termination: NTPL reserves the right to modify or discontinue Your account at any time for any material breach under these Terms of Use by You or any other reason at its sole discretion without any liability whatsoever.
10. CONTENT AVAILABLE
NTPL does not make any representations or warranties about the material, data, and information, that is or may be shared by Merchants or any other content provider (collectively, the “Content”) which You may have access to as part of the Services, or through your use of this Application. Under no circumstances, NTPL is liable for any Content, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Application.
11. INTELLECTUAL PROPERTY RIGHT
11.1. Any and all intellectual property rights (“Intellectual Property”) associated with the Website, Application and its contents are the sole property of NTPL. All customised graphics, icons, and other items that appear on the Website/ Application are trademarks, service marks or trade name of NTPL. Except as otherwise expressly authorised by these Terms of Use, You shall not copy, reproduce, modify, amend, lease, loan, sell and/or create derivative works from, upload, transmit, and/or distribute the Intellectual Property of the Website in any way without NTPL’s prior written consent. Except as expressly provided herein, NTPL does not grant to You any express or implied rights to the Intellectual Property of NTPL or that of any third party.
11.2. 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 support@nstore.in, with the subject line: “Copyright Infringement”.
11.3. You shall be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or claims on the infringement of any Content found on and/or through Service on your copyright.
12. DEALINGS WITH ORGANISATIONS AND INDIVIDUALS:
You acknowledge and agree that NTPL shall not be liable for your interactions with any Merchant on the Platform. This includes, but is not limited to, Services, if any, and any other terms, conditions, warranties, or representations associated with any interaction You may have with other Merchants. You agree and acknowledge that NTPL shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between Merchant and You, or between You and any third party, you understand and agree that NTPL is under no obligation to become involved in such dispute. If You have a dispute with one or more other Merchant’s, you hereby release NTPL, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Application.
13. CHANGE IN TERMS
NTPL reserves the right change these Terms of Use at any time and to notify You by posting an updated version of the Terms of Use on Platform. You are responsible for regularly reviewing the Terms of Use. Continued use of the Platform after any such changes shall constitute your consent to be bound by such changes. Your only right with respect to any dissatisfaction with these Terms of Use; any policy or practice of ours in operating the Platform or any Content available through the Application, is to stop accessing and using the Application.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE PLATFORM AND THE SERVICES THEREIN ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW NTPL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM, THE SERVICES AND YOUR USE THEREOF.
NTPL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES OR THE PLATFORM ‘S CONTENT OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM OR THE SERVICE.
NTPL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NTPLWILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER MERCHANTAND/OR THIRD-PARTY SERVICE PROVIDERS.
THE PLATFORM MAY ALSO CONTAIN THIRD PARTY ADVERTISEMENTS, IF ANY. THE DISPLAY OF SUCH ADVERTISEMENTS DOES NOT IN ANY WAY IMPLY AN ENDORSEMENT OR RECOMMENDATION BY OF THE RELEVANT ADVERTISER, ITS PRODUCTS OR SERVICES. YOU ARE REFERRED TO THE RELEVANT ADVERTISER FOR ALL INFORMATION REGARDING THE ADVERTISEMENT AND ITS PRODUCTS AND/OR SERVICES. NTPL ACCEPTS NO RESPONSIBILITY FOR ANY INTERACTION BETWEEN YOU AND THE RELEVANT THIRD PARTY AND IS RELEASED FROM ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH INTERACTION.
15. Cancel, Refund & Delivery Policies
A. The product price displayed is inclusive of applicable taxes unless explicitly stated otherwise.
B. Store accepts Cash on Delivery and/or Online payment methods for Payment. However, Store reserves the right not to accept any one of the payment methods without any prior notice.
C. Store may charge some delivery fees depending on your location.
D. Delivery will be made within 24 hours from the time of order, however, the actual delivery details will be shared directly by the store.
E. For Sales returns and refund, you may need to contact the Store with original product purchased from the store. Store reserves the right to accept returns and refund basis the condition of the returned product.
F. For any support related queries, please send a mail to support@nstore.in with your registered mobile number and store name.
16. LIMITATION OF LIABILITY
IN NO EVENT SHALL NTPL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF NTPL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF THE PLATFORM OR THE SERVICE, INCLUDING BUT NOT LIMITED TOTHE DAMAGES THAT MAY ARISE FROM YOUR USE OR MISUSE OF THE PLATFORM OR THE SERVICE, FROM INABILITY TO USE THE PLATFORM OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR THE SERVICE.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY THE USE OF THIRD-PARTY SERVICES OR LINKSADVERTISED IN THE PLATFORM OR THROUGH ANY INFORMATION, OPINION OR ADVICE RECEIVED THROUGH SUCH LINKS OR USE OF SERVICES BY THIRD PARTY
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NTPL SHALL NOT BE LIABLE FOR CONTENTS THAT ARE DEFAMATORY, OFFENSIVEOR FOUND ILLEGAL.THE PLATFORM IS CONTROLLED AND OFFERED BY NTPL FROM ITS FACILITIES IN INDIA.
17. INDEMNIFICATION
You agree to indemnify us and hold us harmless from and against any claims arising out of or relating to all actions, proceedings, claims (including third party claims), liabilities (including statutory liability), penalties, charges, demands and costs (including without limitation, legal costs of the other Party), awards, damages, losses and/or expenses however arising directly or indirectly or consequentially suffered or incurred by the User as a result of any breach or non-performance of their respective undertaking/s, warranties:
A. Information, details and content that you submit or transmit for the Services
B. your violation of any rights of other Users in relation with the Application,
C. infringement of any third-party intellectual property rights,
D. any breach of terms and conditions of these Terms of Use,
E. any breach of applicable law.
18. ANTI-SPAM POLICY
You certify that you will use the Services in accordance with these Terms of Use. You are forbidden to transmit unsolicited commercial email (spam) by using the Services. Additionally, You are required to reconfirm (permission pass) or stop mailing an existing list when it is determined to be in violation of our anti-spam policy. Repeated violations or failures to comply with this anti-spam policy will result in termination of your access to the Services. You agree and acknowledge that, we shall not be held liable for any claim that may arise due to your violation of this anti-spam policy.
19. GOVERNING LAW
These Terms of Use are governed and construed according to the laws of India and the Courts in Chennai shall have exclusive jurisdiction to entertain any proceedings in any way relating to or concerning these Terms of Use.
20. FORCE MAJEURE
Without limiting the foregoing, under no circumstances shall NTPL is held liable for any damage or loss due to deficiency in performance of Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation to internet failures, computer equipment failures, telecommunication equipment failures, software failures, machinery breakdown, strike, or due to government regulations, floods, storms, pandemic, epidemic, electrical failure, civil disturbances, riots and any other reason beyond reasonable control of the Merchant or the Application.
21. ERROR REPORTING AND FEEDBACK
In case of any technical issues or feedback (“Feedback”), please contact by sending us your queries at support@nstore.in or call us at +91 9444055322. 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) NTPL 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) NTPL 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 NTPL 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.
Last updated: 3rd Jan 2022
By accessing and using this site, you accept the following terms and conditions, without limitation or qualification.
1. These Terms of Service (“Terms”, “Terms of Service”) govern your(“You/your/Merchant/User”) use of this website www.nstore.in & www.nlincs.in (“Website”) as defined below, operated by nStore Technologies Private Limited(“NTPL”, “we”, “our”, “us”). These Terms apply to all visitors, users and others who wish to access or use the Website.
2. By using this Website or other Services provided by us (“Services”), You acknowledge that You have read these Terms of Service, that you irrevocably accept all the conditions stipulated in the Terms of Use, Privacy Policy and other policies (collectively “Policies”) as available on the Website and agree to abide by them. If You do not agree to these Terms of Use (including any referenced policies or Guidelines), please immediately terminate your use of the Website or the Services . You can accept the Terms of Use by:
2.1. clicking to accept or agree to the Terms of Use, where this option is made available to You by NTPL in its user interface for its Services; or
2.2. using the Services.
3. The Terms of Use may be revised or altered by us at our sole discretion at any time without any prior intimation to the User. The latest Terms of Use will be updated here along with the date of change. Any such changes by NTPL will be effective immediately. By continuing to use this Website or to access the Services / usage of our Services after changes are made, You agree to be bound by the revised/ amended Terms of Use and such amendments shall supersede all other Terms of Use previously accepted by the User. You are solely responsible for understanding and complying with all Applicable Laws of your specific jurisdiction, including but not limited to the provisions of the RBI Guidelines or other laws, regulations that may be applicable to You in connection with your business and use of our Services.
4. DEFINITIONS
4.1. “Customer” means any person who have made payment to You, using Our Services.
4.2. “Customer Charge” shall mean the consideration paid by the Customers for the Products listed on the Platform by the Merchants for sale.
4.3. “Issuing Bank” shall mean a bank or any other institution through which a Customer has a Valid Card for the purchase of Products.
4.4. “Product” shall mean a tangible/ intangible products or services listed on the Platform by the Merchants for sale.
4.5. “Merchant’s Bank Account” shall mean the account owned by the Merchant for receiving Settlement Amount as per the terms of this policy.
4.6. “nLincs/nPos/Platform/Application” shall mean and include Our link, or the application provided to You to enable the Customers to purchase the Product and make payment online.
4.7. “Payment Mechanism” shall mean the methods of facilitating the transfer of payment from Customers.
4.8. “Services” shall mean and include the services provided by NTPL which enables the Merchants to accept payments from its Customer for the purchase of Products on the Platform.
4.9. Settlement Amount” shall mean Customer Charges less the amount payable to NTPL, including but not limited to payment gateway fee charged by the payment gateway providers in relation to each Transaction, which shall be settled by NTPL, subject to receipt of funds by NTPL.
4.10. “Transaction” shall mean the transaction of purchase of any Products by the Customer by making payment for such Products using the Services provided by us.
5. OUR SERVICES
5.1. Subject to the Terms of Use, NTPL enables You to provide the Services as provided herein.
5.2. It’s NTPL endeavour to provide the best possible experience to its Users and hence the Services are constantly improved upon. You acknowledge and agree that the form and nature of the Services which NTPL provides may change from time to time without any prior notice to You.
5.3. NTPL Services includes the Payment Mechanism, through which, the Merchants can accept payments from the Customers through the approved payment gateways available on the Platform, without specifically requiring to download any application.
5.3.1. You understand and agree that unless and until NTPL receives confirmation from the Issuing Bank or Card Network Associations, NTPL will not make payment to You towards the Customer Transaction .
5.3.2. The settlement shall be made on T+2 days from the date of receipt of payment from the Issuing Bank where T stands for the date of completion of Transaction.
5.3.3. You shall provide to NTPL all relevant information as may be required by NTPL from time to time and also permit NTPL or its authorized personnel to conduct an audit at your store to ensure compliance with all applicable laws and guidelines.
5.3.4. You shall not provide any schemes, offers, discounts, lucky coupons involving NTPL in whatsoever manner without obtaining prior written consent of NTPL.
5.3.5. If NTPL suspects that You have committed a breach of this Agreement or have acted dishonestly or fraud has been committed against NTPL or has in connivance with any other person done the same or assisted in the same, NTPL shall be entitled to suspend payment to You. In extreme cases of specified breach, in case the payment of the transaction is withheld by any specific payment gateway partner, NTPL shall be unable to release the payments to You. Further, it is also agreed that in case of any material breach by You that pertains to non-compliance of the applicable guidelines or RBI directives, NTPL shall be entitled to withhold the release of payments to You till the resolution of the disputes or till it is conclusively established by You that no breach of whatsoever nature has been committed by You.
5.4. DATA ANALYSIS, TRACKING, REPORTS, INVENTORY MANAGEMENT: NTPL facilitates and assists You to track the Customer purchase patterns and provides the report on the top 5 Products, bottom 5 Products, average Transaction, /ticket size, number of Transactions, top 3 suppliers and top 10 credit Customers. Further it shall also track the credit Customers and ask for payments by reminders through SMS/Email.It further suggests the inventory that needs to be bought by You.
5.5. OPTIONAL SERVICES
5.5.1. NTPL shall also provide regular updates to Customers about offers, reminders, coupons, additional services as required
5.6. OTHER ANCILLIARY SERIVCES: You may get access to Site message boards, issuance of coupons, pay-backs, cashbacks, forums, blogs, e-mail and other features (“Ancillary Services”) that may be offered from time to time on the Platform and may be operated by us or by a third party on our behalf. You shall not (nor cause any third party to) use these Ancillary Services to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening, promoting racism, or otherwise violating the legal rights, such as rights of privacy, of others) or immoral activities, or otherwise misrepresenting Your affiliation with a person or entity. You shall not use the message boards, chat rooms, e-mail to express Your concerns or differences with any specific beneficiary.
6. REGISTRATION
6.1. By registering for an account through the Application, You represent and warrant that You are the age of majority (age 18).
6.2. You agree and confirm that any information provided by You shall always be accurate, correct and complete.
6.3. You further consent and authorize NTPL to verify your registration data as may be required for your use of and access to the Service offered on this Platform, as applicable.
6.4. Upon successful registration, NTPL will provide You access to its dashboard and User account and password for this access. You are responsible for maintaining the confidentiality of the User ID, Password, registration data, payment data and authentication data, and are fully responsible and liable for all activities that occur under your password or account or secret key.
6.5. You can change your profile information and any other details that You have shared with Application by sending specific written communication to NTPL on the designated email address.
6.6. Any misuse of Your account may result in immediate suspension and such other measures as deemed fit by NTPL and You shall be completely responsible for any such misuse and all damages, claims, losses occurring due to such misuse.
6.7. Further, you agree to:
6.7.1. immediately notify NTPL of any unauthorized use of your password or account or any other breach of security, and
6.7.2. ensure that You exit / log-out from your account after every use of the dashboard by You. Any transaction or activity pursuant to use of your account or password shall be deemed to be your transaction or activity and NTPL shall have no obligation to verify the authenticity of any such transaction or activity. NTPL does not assume any responsibility and cannot and will not be liable for any loss or damage arising from your negligence or failure to exit or log-out your account
6.8. NTPL shall have the right to validate the changes that You request to make by asking for supporting documents as felt necessary.
6.9. NTPL reserves the right to modify the Content posted by You or discontinue your account at any time for any breach of the obligations under these Terms of Use by You.
6.10. You agree to use the Services only for purposes that are permitted by (a) these Terms of Use and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
6.11. You agree that You will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
6.12. You agree that You are solely responsible for (and that NTPL has no responsibility to You or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which NTPL may suffer) of any such breach. You further agree to the use of your data by us in accordance with the Privacy Policy.
7. CHARGES AND SUBSCRIPTION FEES
7.1. You shall be required to pay a non-refundable annual subscription fees(“Subscription Fees”) agreed between us after the successful registration of your account in the Platform without any delay.
7.2. NTPL shall be relieved of its obligations under these Terms in the event of non-payment of the Subscription Fees. NTPL also reserves the right to suspend access to the Platform and cancel your membership.
7.3. In the event of failure to log into Your account within the specified time period for which you have subscribed the Services, the subscription shall become inactive. When a subscription is classified as inactive, NTPL shall notify You by email and You may need to repurchase the subscription.
7.4. In consideration of the Services rendered by us, the Merchant shall pay NTPL a fee (“Charge”) for each transaction by the Customer. NTPL reserves the right to revise the Charge periodically and will intimate the Merchant of any such change within reasonable time.
7.5. In case of using the wallet facility provided by NTPL to supply the Products to the Customers, a fixed amount shall be levied and deducted by NTPL for each transaction (“Transaction Charge”).
7.6. You shall always maintain a minimum balance in the wallet as specified by NTPL, from time to time to affect the Transaction of the Customers. In the event of less or no balance in the wallet, You shall not be entitled to process the Transaction till the time the wallet is recharged.
8. REPRESENTATION AND WARRANTIES
The Merchant warrants and represents that:
8.1. It shall procure and maintain all licenses, registrations, authorizations and clearances under applicable laws valid with respect to the Products delivered by the Merchant from time to time.
8.2. It shall, always, comply with statutory requirements and make timely payment of all statutory dues, including and not limited to taxes, cases relating to sale of the Products.
8.3. The Merchant shall be solely responsible for the accuracy of all information regarding the prices of the Products offered to the Customers for sale on the Platform.
8.4. The Merchant shall, be responsible for all the Customer service issues relating to a Transaction, including , but not be limited to an appropriate notice to Customers in relation to the means of contacting the Merchant in the event the Customer has questions regarding the status of Customer orders, nature or quality of the Products offered for sale on the Platform, the non-delivery and delay in delivery of the Products, returns, refunds, adjustments, rebates, functionality and warranty, technical support and feedback concerning experiences with its personnel’s, policies or processes and the procedures for resolving disputes in relation to the Products. The Merchant hereby agrees and acknowledges that NTPL or a or the approved payment gateway partner shall not be a Party to such disputes and shall indemnify NTPL against any claims made by the Customer and/or any third party in relation to such Products delivered in accordance with the terms of the Agreement.
8.5. Merchant is aware that NTPL or the approved payment gateway partner of NTPL are not guaranteeing any Transactions with the Customers in any manner whatsoever.
8.6. Merchant shall ensure that no incorrect, wrong, misleading or incomplete information is provided for listing on Platform.
8.7. You shall ensure that You provide all correct information to NTPL as required for proper discharge of the Services.
8.8. The Merchant shall furnish to NTPL/ acquiring bank within 5 (Five) days of request, access to information regarding the proof of Transactions, invoices, receipts, delivery proofs, customer verification documents or other records of the Merchant. The Merchant shall retain all such records for a period of 180 days from the date of delivery of the Product.
8.9. The Merchant shall not use Application in any manner or in furtherance of any activity offer, which is illegal, stolen or unauthorized and/or is not in compliance with applicable laws of the jurisdiction, from where the Customers of the Merchant avails the Products or display any material which is harmful or detrimental to the interest of NTPL.
8.10. Merchant shall take all precautions as may be feasible or as may be directed by payment gateway service provider to ensure that there is no breach of security and that the integrity of the link between Platform, payment gateway service provider’s Website and the processing mechanism is always maintained during the term of this Agreement.
8.11. The Merchant, at such regular intervals as may be specified by payment gateway service provider and NTPL, shall check the integrity of the link and provide such reports as may be required to NTPL from time to time. Merchant shall also maintain records of such periodical checks in such manner as may be specified by NTPL. In the event of any loss being caused as a result of the link being breached or as a consequence of the link being improper or being in violation of the provisions of this Clause, the loss shall be to the account of Merchant and Merchant shall indemnify and keep indemnified NTPL from any loss as may be caused in this regard.
8.12. The Merchant does not sell or otherwise furnish any information obtained through the Platform to others unless with the prior written consent of Customers.
8.13. The Merchant acknowledges that NTPL shall have the authority to require the Merchant to display such disclaimers, warranties and indemnities as may be required from time to time, in respect of the Services. In this regard, Merchant shall render or cause the rendering of the necessary modifications so requested within seven days from the receipt of such modification from NTPL.
9. CONTENT AVAILABLE
NTPL does not make any representations or warranties about the material, data, and information, that is or may be shared by any third party, or any other content provider (collectively, the “Content”) which You may have access to as part of the Services, or through your use of this Application. Under no circumstances, NTPL is liable in any way for any Content, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Website.
10. CONTENT SUPPLIED BY YOU
10.1. You represent, warrant, and agree that no Content shared by You with the Platform, violates or infringes the intellectual property rights of any third party or found to be offensive, defamatory or in breach of any obligations mentioned hereunder.
10.2. You grant us a personal, limited, revocable, non-transferable and non-exclusive right to use the Content and details including but not limited to Trademarks, Service Marks, logos etc. submitted by You for providing the Services, you also grant us the right (i) to display your Content on the Platform (ii) promote or distribute it for the access of other Customers (iii) use your Content for analysis purpose to effectively provide Services under this Application.
10.3. You agree that You are solely responsible for your Content made available by You through the Platform including but not limited to any liabilities arising out of any third party infringement claims.
11. DEALINGS WITH ORGANISATIONS AND INDIVIDUALS
You acknowledge and agree that NTPL shall not be liable for your interactions with any Customers on the Platform. This includes, but is not limited to, services, if any, and any other terms, conditions, warranties or representations associated with any interaction You may have with Customers. These dealings are solely between You and Customers. You agree and acknowledge that NTPL shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between Customers and You, You understand and agree that NTPL is under no obligation to become involved in such dispute. In the event that You have a dispute with one or more other Customers, you hereby release NTPL, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Application.
12. CHARGEBACK
NTPL shall be entitled to withhold payment to be made to the Merchant or deduct from the Settlement Amount or to seek immediate reimbursement from the Merchant, in the event of a chargeback or where a Customer raises a dispute against a Transaction through the Issuing Bank. The process and conditions applicable for such chargeback shall be as per the regulations of Acquiring Bank or Card Network Associations or any other institution regulating the Transactions.
13. SETTLEMENT
13.1. Subject to any other provisions of these Terms of Use and completion of transaction, the Merchant acknowledges that We will settle the payments only upon actual receipt of payments in our bank account and upon deduction of the payments relating to Charge and service fee of payment gateway provider. The Merchant shall be responsible and liable for the payment of all relevant taxes in relation to the payments made under these Terms of Use.
13.2. As applicable, in the event, NTPL is unable to deduct Charges during the settlement, NTPL may deduct due Charges from the subsequent day’s sales volume or raise a monthly invoices for the same.
13.3. It is agreed that any statutory variations in applicable taxes during the subsistence of this Agreement shall be borne by the Merchant.
14. PROHIBITED USES
14.1. You shall use our Platform / Website only for lawful purposes and in accordance with the Terms. You agree not to use it:
14.1.1. In any way that violates any applicable law or regulation.
14.1.2. To sell or try to sell any Product that has banned under the prevailing laws of India.
14.1.3. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
14.1.4. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
14.1.5. To impersonate or attempt to impersonate us, our employee, another user, or any other person or entity.
14.1.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Platform, or which, as determined by us, may harm or offend NTPL or users of Platform or expose them to liability.
14.2. Additionally, you agree not to:
14.2.1. Use Platform/ Website in any manner that could disable, overburden, damage, or impair Platform/Website or interfere with any other Party’s use of Platform/Website.
14.2.2. Use any robot, spider, or other automatic device, process, or means to access the Platform/Website for any purpose.
14.2.3. Use any manual process to monitor or copy any of the material on Website/ Platform or for any other unauthorized purpose without our prior written consent.
14.2.4. Use any device, software, or routine that interferes with the proper working of Website/ Platform.
14.2.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
14.2.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Platform/ Website, the server on which Platform/ Website is stored, or any server, computer, or database connected to it.
14.2.7. Attack Website/ Platform via denial-of-service attack or a distributed denial-of-service attack.
14.2.8. Take any action that may damage or falsify our reputation.
14.2.9. Merchant shall agree that it will not accept payments in connection with businesses, business activities or business practices, including but limited to : 1) Arms, Ammunition, Military, Weapons and Knives 2) Fireworks, explosives, or pyrotechnic devices or supplies 3) Hazardous materials, combustibles, corrosives 4) Alcohol / Liquor / tobacco products 5) Banned / illegal drugs or other controlled substances 6) Drugs and drug paraphernalia, which include illegal drugs and drug accessories, including herbal drugs, like salvia and magic mushrooms 7) Drug test circumvention aids 8) Any Third party processing 9) Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services 10) Child pornography, which includes pornographic materials involving minors 11) Copyright unlocking devices, which includes Mod chips, or other devices designed to circumvent copyright protection.12) Counterfeit and unauthorized goods which includes replicas or imitations of designer goods 13) Live animals 14) Body parts, which includes organs, or other body parts 15) Endangered species, which includes plants, animals or other organisms (including product derivatives) in danger of extinction 16) Artifacts 17) Bootleg / Pirated Recordings 18) Brand Name misuse 19) Copyrights and Trademarks 20) Web site access and / or web site memberships of pornography or illegal sites 21) Bulk marketing tools 22) Multi-Level Marketing collection fees 23) Matrix sites or sites using a matrix scheme approach 24) Work-at-home information 25) Web site promotion or Search engine registration fees 26) Drop-shipped merchandise 27) Gambling Transactions which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content 28) Illegal goods, which includes materials, products, or information promoting illegal goods or enabling illegal acts.29) Wholesale currency, which includes discounted currencies or currency, exchanges 30) Any product or service which is not in compliance with all applicable laws of India.
15. DISCLAIMER OF WARRANTIES
15.1. Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that You will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
15.2. In particular, NTPL does not represent or warrant to You that:
a) The information or Contents provided on the Website are accurate, complete and updated;
b) Your use of the Services will be uninterrupted, timely, secure, or free from error.
c) Any information obtained by You because of your use of the Services will be accurate or reliable; and
d) That defects in the operation or functionality of any software provided to You as part of the Services will be corrected.
15.3. Occasional maintenance of Platform/Website: You recognizes that NTPL shall occasionally need to perform maintenance on the during which the Services shall be unavailable and in certain cases of planned maintenance, you shall be informed in advance of the same.
15.4. Disruption of Service: If there is a problem with Platform that results in an unexpected disruption of Services, NTPL shall make every attempt to rectify the problem as expedient and commercially reasonably possible.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE PLATFORM AND THE SERVICES THEREIN ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.
ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW NTPL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM, THE SERVICES AND YOUR USE THEREOF.
NTPL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES OR THE PLATFORM ‘S CONTENT OR THE DETAILS AND CONTENT SHARED BY CUSTOMER OR ANY THIRD PERSON OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM OR THE SERVICE.
YOU FURTHER UNDERSTAND THAT THIS WEBSITE MAY CONTAIN LINKS TO OTHER SITES THAT WE DO NOT OPERATE. IF YOU CLICK ON A THIRD-PARTY LINK, YOU WILL BE DIRECTED TO THAT THIRD PARTY’S SITE. NTPL ADVISES YOU TO REVIEW THE PRIVACY POLICY OF EVERY SITE YOU VISIT.
NTPL HAVE NO CONTROL OVER AND ASSUME NO RESPONSIBILITY FOR THE CONTENT, PRIVACY POLICIES OR PRACTICES OF ANY THIRD-PARTY SITES OR SERVICES.
16. LIMITATION OF LIABILITY
IN NO EVENT SHALL NTPL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF NTPL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORM OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORM OR THE SERVICE, FROM INABILITY TO USE THE PLATFORM OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR RENDERED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICES OR ANY LINKS ON THE APPLICATION, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICES OR ANY LINKS ON THE APPLICATION.
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NTPL SHALL NOT BE LIABLE FOR CONTENTS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY RETAILERS OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE PLATFORM IS CONTROLLED AND OFFERED BY NTPL FROM ITS FACILITIES IN INDIA.
17. INDEMNIFICATION
You agree to indemnify and hold NTPL harmless from and against any claims arising out of or relating to all actions, proceedings, claims (including third party claims), liabilities (including statutory liability), penalties, charges, demands and costs (including without limitation, legal costs of the other Party), awards, damages, losses and/or expenses however arising directly or indirectly or consequentially suffered or incurred by the User as a result of any breach or non-performance of their respective undertaking/s, warranties or obligations as contained in this Terms of Use, including but not limited to, as a result of:
a) Incorrect information and Content that You submit or transmit for the Services
b) Infringement of any third-party intellectual property rights,
c) any breach of the terms and conditions of these Terms of Use,
d) any breach of applicable law or regulations and
e) Penalties, fines, charges, or any other actions as a result of breach or violation of any the User’s representations and warranties
18. CONFIDENTIALITY
18.1. The Merchant may receive or have access to certain confidential and proprietary information, including without limitation, information belonging and/or relating to NTPL, marketing prospects, contractors, officers, directors personal data of Customers, financial and operational information, billing records, business model and reports, computer systems and modules, secure websites, reporting systems, marketing strategies, operational plans, proprietary systems and procedures, trade secrets and other similar proprietary information, including technical “know-how”, methods of operation, business methodologies, software, software and technology architecture, networks, any other information not generally available to the public, and any items in any form in writing or oral, clearly identified as confidential (“Confidential Information”) .
18.2. The Merchant shall keep Confidential Information in confidence. The Merchant shall use commercial, reasonable and necessary safety measures and steps to maintain the confidentiality and secrecy of the Confidential Information from public disclosure, and the User shall at all times maintain appropriate measures to protect the security and integrity of the Confidential Information. The Merchant shall not, without NTPL’s prior written consent, divulge any of the Confidential Information to any third party other than the Merchant ‘s officers, employees, agents or representatives who have a need to know for the purposes of these Terms of Use. The Merchant shall take all reasonable steps to ensure that all of its directors, managers, officers, employees, agents, independent contractors or other representatives comply with this Clause whenever they are in possession of Confidential Information as part of this Agreement. The Merchant shall use the Confidential Information solely in furtherance of and in connection with the Services contemplated under these Terms of Use. The Merchant further agrees that the Confidential Information will not be used by him/ her and his/ her representatives, in any way detrimental to the interests NTPL.
18.3. Exceptions: The aforesaid confidentiality obligations shall impose no obligation on the User/ Merchant with respect to any portion of Confidential Information which:
a) Was at the time received or which thereafter becomes, through no act or failure on the part of the Merchant, generally known or available to the public.
b) Was at the time of receipt, known to the Merchant as evidenced by written documentation then rightfully in the possession of the User or NTPL.
c) Was already acquired by the Merchant from a third party who does not thereby breach an obligation of confidentiality to NTPL and who discloses it to the User/ Merchant in good faith.
d) Was developed by the / Merchant without use of the NTPL’s Confidential Information in such development; or
e) Has been disclosed pursuant to the requirements of Applicable Law, any governmental/ regulatory authority, judicial/ quasi-judicial authority provided however, that NTPL shall have been given a reasonable opportunity to resist disclosure and/or to obtain a suitable protective order.
18.4. The Merchant shall notify NTPL immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach. The Merchant will cooperate with NTPL in every reasonable way to help NTPL regain possession of such Confidential Information and prevent its further unauthorized use.
18.5. Remedies: The Parties acknowledge that irreparable damage may occur on breach of the terms and provisions. Accordingly, if the Merchant breaches or threatens to breach any of the provisions of this Terms of Use,, then NTPL shall be entitled, without prejudice, to seek all the rights and remedies available to it under Applicable Law, including a temporary restraining order and an injunction restraining any breach of the provisions set out herein.. Such remedies shall not be deemed to be exclusive but shall be in addition to all other remedies available under Applicable Law or in equity.
19. ANTI-SPAM POLICY
You certify that you will use the Services in accordance with these Terms of Use. You are forbidden to transmit unsolicited commercial email (spam) by using the Services. Additionally, you are required to reconfirm (permission pass) or stop mailing an existing list when it is determined to be in violation of our anti-spam policy. Repeated violations or failures to comply with this Clause will result in termination of your access to the Services. You agree and acknowledge that, we shall not be held liable for any claim that may arise due to your violation of this anti-spam policy.
20. INTELLECTUAL PROPERTY
20.1. You acknowledge and agree that NTPL owns all legal and proprietary right, title and interest in and to the contents of the Website and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by NTPL and that You shall not disclose such information without NTPL’s prior written consent.
20.2. Unless agreed otherwise in writing with NTPL, nothing in the Terms of Use gives You a right to use any of NTPL’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. We prohibit You from submitting, uploading, posting, or otherwise transmitting any Content or Details on the Platform that violates another person’s proprietary rights.
21. GOVERNING LAW
These Terms of Use are governed and construed according to the laws of India and the courts in Chennai shall have exclusive jurisdiction to entertain any proceedings in any way relating to or concerning these Terms of Use.
22. FORCE MAJEURE
Without limiting the foregoing, under no circumstances shall NTPL be held liable for any damage or loss due to deficiency in performance of Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation to internet failures, computer equipment failures, telecommunication equipment failures, software failures, machinery breakdown, strike, or due to government regulations, floods, storms, electrical failure, pandemic, epidemic, civil disturbances, riots and any other reason beyond reasonable control of the Merchant or the Application.
23. ERROR REPORTING AND FEEDBACK
In case of any technical issues or feedback (“Feedback”), please contact by sending us your queries at support@nstore.in or call us at +91 9444055322. Further, (i) you shall not retain, acquire, or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) NTPL 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) NTPL 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 NTPL 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.