These terms of use (“Terms of Use”) will govern your use of the online interfaces owned and controlled by Nayantara Mumbai Private Limited, a company registered under the laws of India having its registered address at 402, Bldg No. 2/A, Rajyog CHS, Swamy Samarth NGR, Andheri, Mumbai – 400053, Maharashtra, operating under the brand name ‘Nayantara Mumbai (hereinafter, “Nayantara Mumbai”), including the website [insert website] and/or the mobile application (hereinafter, jointly referred to as “Platform”).

These Terms of Use are published in compliance with, and is governed by the provisions of Indian law, including but not limited to: 

• The Indian Contract Act, 1872; 

• The Information Technology Act, 2000;
• The Consumer Protection Act, 2019;

• The rules, regulations, guidelines, directions, ordinances, and clarifications framed thereunder and other applicable laws, including the Consumer Protection (E-Commerce) Rules, 2020, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. 

The Terms of Use, Privacy Policy, Cookie Policy, and any other page- or service-specific agreement that you may agree to (collectively, “End-User Policies”) shall form a legally binding agreement between you and Nayantara Mumbai. Your acceptance and compliance with these End-User Policies is a pre-requisite for your use of the Platform. If you are not agreeable to these terms and do not wish to be bound by them, you must cease use of the Platform immediately.

The terms ‘you’ or ‘your’ refer to you as the user, registered or unregistered, of the Platform (and includes consultants/ users offering services through the Platform), and ‘we’, ‘us’ and ‘our’ refer to Nayantara Mumbai.

• REGISTRATION
• You may be able to view or access some of our Services (defined hereinafter) without registering on the Platform. However, you will be able to place orders on the Platform only after creating an account on our Platform. Use of the Platform is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872.
• By creating an account, you agree to be bound by the End-User Policies. In the event you are a minor i.e., under the age of 18 years, you may use the Platform only with the involvement of a parent or guardian and to create an account on your behalf. If you are accessing or registering on the Platform on someone else’s behalf, you hereby confirm that you have the authority to do so. 
• You will be solely responsible for all activities that take place through your account irrespective of whether or not it was done by you, so we recommend that you must not share your login credentials with anyone. You must notify Nayantara Mumbai immediately, in case of any unauthorized use of your account.
• TERMINATION OF YOUR ACCOUNT
• Nayantara Mumbai reserves the right to temporarily suspend or permanently terminate your account and access to the Platform with or without notice and to exercise any other suitable remedy available under the law if: 

• You fail to adhere to the End-User Policies;

• A third-party reports violation of any of its rights as a result of your use of the Platform; 

• Nayantara Mumbai has reasonable grounds for suspecting any illegal, fraudulent or abusive activity by you; or 
• you have created a duplicate account, or your account appears to be fake in the opinion of Nayantara Mumbai.

• On termination of an account due to the reasons mentioned above, you will no longer have access to the content, services, data, messages, files and other materials available on the Platform.
• If you believe that your account was wrongly suspended or terminated, you may reach us at our   customer care at email: [insert email id]. Nayantara Mumbai’s decision in this regard shall be final.
• SERVICES

You agree, understand and acknowledge that the Platform is an online platform that enables you to sale/ purchase of electricals products listed on the Platform at the price indicated therein at any time from any location in India, subject to availability of such products (“Services”). You further agree and acknowledge that Nayantara Mumbai and the Platform is only facilitator and is not and cannot be a party to or control in any manner any transactions on the Platform. Accordingly, the contract of sale of products on the Platform shall be a strictly a bipartite contract between you and Nayantara Mumbai on the Platform.

• PAYMENT

The amount payable will be displayed prior to initiating the payment process and upon clicking on ‘Pay now’, you will be directed to the payment gateway. The payment gateway is provided by third-party vendors/ platforms. You hereby acknowledge and agree that, upon selecting a payment method, you will be bound by the payment gateway’s terms in addition to that of the Platform. Nayantara Mumbai shall not be liable for any default, or any activities conducted by you on such third-party platform, and you agree and undertake that you are visiting the third-party platforms at your own risk without any claim against Nayantara Mumbai. Upon successfully making a payment, an invoice will be generated and sent to your registered email ID and/ or contact number. 

• PROHIBITED CONTENT
• You may be able to post information on the Platform as comments and review of the goods availed from any user on the Platform.
• You hereby agree that you will not post any of the following content that:

• belongs to another person, unless you are expressly authorized to do so;
• is insulting, objectionable or harassing on the basis of gender, race or ethnicity;
• is libelous;
• encourages activities that are illegal or contrary to the law such as money laundering, gambling, etc;
• is harmful to children;
• infringes third-party intellectual property rights;
• violates any law;
• deceives or misleads the recipient of the origin of the message;
• knowingly and intentionally communicates any information which is patently false or misleading in nature, but may be perceived as fact;
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with other states, public order, or causes or incites the commission of any cognizable offence or prevent investigation of any offence or is insulting to any other nation;
• contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
• is patently false and untrue and is written or published in any form, with the intent to mislead or harass a person, entity, agency for financial gain or to cause injury to any person.

• If you are found to have posted content that violates the above terms, we reserve the right to take down such content and to suspend or terminate your account, as we deem fit.
• LIMITED LICENSE
• Subject to compliance with the End-User Policies, Nayantara Mumbai grants you a non-exclusive, revocable, limited privilege to access and use this Platform and the Services. You agree to use the Services, Platform and the information provided therein only: (a) for purposes that are permitted by the End-User Policies; (b) for purposes for which the Services are meant to be used; and (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by the other users.
• You agree not to access (or attempt to access) the Platform and the content available on the Platform or avail of the Services by any means other than through the interface that is provided by Nayantara Mumbai. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, to obtain or attempt to obtain any content, appointments, or information through any means not specifically made available through the Platform.
• NO-ENDORSEMENT OF THIRD PARTIES
• The Platform may contain information or services which are offered or provided by third parties (“Third-Party Information”), or links to Third Party Information (including but not limited to links to other websites). We have no responsibility for the creation of any such Third-Party Information, including (but not limited to) any related products, practices, terms, or policies, and we will not be liable for any damage or loss caused by any Third-Party Information, or by your visit to the websites/ platforms of such third-parties.
• Unless explicitly mentioned, the inclusion of Third-Party Information on our website does not amount to an endorsement of the same.
• WARRANTY DISCLAIMER
• The platform is provided “AS IS”, “AS AVAILABLE” and is provided without any representations or warranties of any kind express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties applied by any course of  performance OR usage of trade, all of which are expressly disclaimed, save to the extent required by law.

• To the extent permitted by the law, NAYANTARA MUMBAI, and its Directors, Employees, Agents, Representatives, Suppliers, Partners and Content Providers DO NOT WARRANT THAT: (A) Tthe platform will be secure or available at any particular time or location; (B) Any defects OR Errors will be Corrected; (C) Any content or Software available at or through the platform is free of viruses or other harmful components; (D) The results of using the Platform will meet your requirements. Your use of the platform is solely at your own risk; OR (E) The accuracy, Reliability, OR Completeness of the content, Text, Images, Software, Graphics, OR Communications provided by Third Parties on or through the platform.
• LIMITATION OF LIABILITY
• To the fullest extent permitted by law, under no circumstances will Nayantara Mumbai, or its contractors, or agents,  or affiliates, or any of their directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill) arising from, or directly or indirectly related to, the use of, reliance on, or the inability to use or rely on, the Platform or the Services, materials and functions related thereto whether or not Nayantara Mumbai has been warned of the possibility of such damages or could have reasonably foreseen such damages.
• INDEMNITY
• You hereby agree to indemnify, defend, and hold Nayantara Mumbai, its agents, contractors, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from (i) Your use of the Platform or Services (including unauthorized use by third-parties); (ii) Your breach of terms, conditions or provisions of the End-User Policies; and (iii) any negligent or intentional wrongdoing on your part.

• GOVERNING LAW AND DISPUTE RESOLUTION

These End-User Policies shall be governed by and be interpreted in accordance with the laws of India. The competent courts of Mumbai, Maharashtra shall have exclusive jurisdiction to resolve any dispute arising out of the use of Platform.

• CHANGES TO THE PLATFORM

Nayantara Mumbai may, at its sole discretion, and with or without notice, change, alter, modify or delete any of its End-User Policies. You hereby agree that Nayantara Mumbai shall not incur any liability from you in case it exercises its rights as described above. Nayantara Mumbai, at its sole discretion, inform you of such changes via email. You are advised to check this page regularly to confirm if there have been any changes.

• WAIVER

No provision of these End-User Policy shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Nayantara Mumbai. Any consent by Nayantara Mumbai to, or a waiver by Nayantara Mumbai of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

• GRIEVANCE REDRESSAL

If you have any grievances in relation to the Platform, please write to our Grievance Officer, customer care at [insert email id]  and our officer will attempt to resolve your issues in a timely manner.  

Date of Last Revision: 20-07-2024