Terms & Conditions - Nexus 247

Terms & Conditions

Terms & Conditions
  • 1.

    GENERAL

  • 1.1

    The website www.nexus247.in/ (“Website”) including the related mobile site (if any) (collectively called the “Platform”) is maintained, managed and operated by Shopsense Retail Technologies Limited (“we”, “us” or “our”). This Platform utilizes certain intellectual property (and other functionality) made available by Nexus Select Trust (“Nexus”) under the licensing arrangement with us.

  • 1.2

    For the purpose of these terms herein, the Platform is an e-commerce marketplace, where sellers who are occupants within the physical shopping malls in India under the brand name Nexus (each, a “Seller”) sell or offer to sell their products (“Products”) to the users of the Platform (“User(s)”, “your” or “you”, “Buyer”).

  • 1.3

    These terms and conditions (“Terms”) as set out hereinbelow constitute an agreement between us and any natural or legal person (including any legal heirs, administrators or successors) who browses, accesses and/or uses the Platform in any manner, or uses any current and/or future service(s) (defined hereinafter) or functionality or offer made available on the Platform or creates an Account on the Platform. (“Services”).

  • 1.4

    By using or accessing the Platform, you signify your agreement to be bound by these Terms (including all the Parts as referenced herein) read along with other policies as may be updated on the Platform from time to time (including but not limited to Privacy Policy, Return Policy, Refund and Cancellation Policy and any other applicable policies and guidelines) (collectively called “Platform Policies”) along with any schedule(s), addendum(s), annexures(s), Statement Of Work(s) (SOW), Supplemental Terms, Standard Operating Process(es) (SOP), as may be executed between you and us or as may be amended from time to time, which shall constitute your binding agreement, with us (hereinafter collectively referred to as “Agreement”).

  • 1.5

    If you do not agree with any of the part of the Agreement, please do not use the Platform. If you have any questions about the Agreement, please contact at care@nexus247.in or for quick assistance the User may use the ‘Chat with Us’ option available on the Platform.

  • 1.6

    Please note that your access to the services/Products in other platforms, as may be provided by us or our affiliates, may be governed by such respective platform’s terms and conditions, policies or guidelines (“Additional Terms”) along with this Agreement. If this Agreement is inconsistent with any Additional Terms, the Additional Terms will control to the extent of such inconsistency with respect to the applicable service or product. These Additional Terms govern your use of such other platform and transaction or dealings thereon.

  • 1.7

    We may offer certain programs such as customer loyalty programs, promotional benefits, and other offers that may be provided by us, our affiliates, or third-party partners. In particular, purchases made on the Platform may contribute to loyalty benefits under the customer loyalty program operated by Nexus, whereby loyalty points earned through the Platform may be redeemable at Nexus-branded physical malls and vice versa. The detailed terms and conditions governing the loyalty program will be notified separately and/or made available to you from time to time, and shall form part of the Additional Terms.

  • 1.8

    This document is an electronic record in terms of the Information Technology Act, 2000, and the rules made thereunder, and does not require any physical or digital signatures.

  • 1.9

    This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2021 that require publishing the rules and regulations, privacy policy and Terms & Conditions for access or usage of the Platform.

  • 1.10

    We and you are hereinafter individually referred to as “Party” and collectively as “Parties”.

  • 1.11

    These Terms is further bifurcated into 3 (three) Parts. Please read carefully all the Parts to understand the conditions applicable in case of your use of the Platform and/or the Services.

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  • PART A – TERMS OF USE OF THE PLATFORM

  • 1.

    GENERAL

  • 1.1

    This Part A -Terms of Use of the Platform (“Terms of Use”) as set out herein specifically govern your access and use of the Platform which provides a forum for you to inter alia discover, select and purchase Products offered for sale by the Sellers. By accessing, browsing, or otherwise using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.

  • 1.2

    We authorise you to view and access the Platform solely for identifying Products, purchasing Products and processing returns, cancellation and refunds, in accordance with the Return Policy and Cancellation & Refund Policy, and therefore, grant you a limited, revocable permission to access and use our Services.

  • 2.

    ACCOUNT REGISTRATION

  • 2.1

    You agree that the sole purpose of using the Services, and/or registering on the Platform and/or creating an Account (defined hereinafter), is to avail Services available on the Platform and that you shall not use the Platform for any other purpose other than as mentioned under these Terms of Use and/or the Agreement and for purposes which are not permitted under the applicable law.

  • 2.2

    Registration is a one-time process and is free of cost. In order to avail the Services of buying Products on the Platform and/or creating an account, you may be required to provide and/or fill in basic information including your name, phone number, a valid email address, and any other information as required. Post successful submission of required details, you can create or shall be provided login credentials through which you can access the Services, subject to the Terms of Use thereof (“Account”).

  • 2.3

    You may register on the Platform in one of the following ways: (a) By signing up to Platform: A User can create an Account on the Platform by providing basic information as may be required on the Platform viz name, valid email address, or any other information as may be indicated on the Platform from time to time. Following this, an Account with an exclusive username and password (basis your inputs) will be created for the User; or (b) By using a third-party account: A User can use the login credentials of a third-party account maintained by the User with a third-party service provider (illustratively, Google, Apple), in which case User will also be subject to relevant third-party terms and conditions applicable to such third-party account as may be imposed by the relevant third-party service provider from time to time. It may be noted that any fraudulent activity or abuse of your Account due to login via third party account is not attributable to us.

  • 2.4

    You will be eligible to further access the Platform only upon receipt of an OTP (One Time Password) on your registered mobile number from us after providing the necessary details as may be required by us at the time of your registration.

  • 2.5

    We have the right to reject your application for opening an Account or may deactivate an existing Account, for reasons such as, the required details or documents not being provided.

  • 2.6

    You are solely authorized to operate the Account created by you. Consequently, it is your responsibility to maintain the confidentiality of the login credentials of your account on the Platform and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You shall remain solely liable for all the actions/inactions undertaken through your Account.

  • 2.7

    You will: (a) immediately inform us of any unauthorized use of the Account or any other security breach; and (b) ensure that you log out of your Account at the end of each session. If you share or allow others to have access to your Account on the Platform, or otherwise, they will be able to view and access your Account information. You shall be solely liable and responsible for all the activities undertaken through your Account, and any consequences arising therefrom.

  • 2.8

    You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services.

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  • 3.

    USER ACCOUNT OBLIGATIONS

  • 3.1

    You agree to provide true, accurate, up to date and complete information while signing up on the Platform or for any other purpose when prompted or requested to do so on the Platform including any documents that might be required for verification purposes.

  • 3.2

    For availing the Services, you may be required to use certain devices, software, and data connections, which we otherwise do not supply. You are responsible for all carrier data plan and other fees and taxes associated with your use of the Platform.

  • 3.3

    You agree that when you use the Platform, you may be involved in the transmission of personal information including but not limited to Account information (collectively “SPI”) which falls within the ambit of the Information Technology (Reasonable Security practices and procedures and sensitive personal data or information) Rules, 2011 and any other law that may be applicable from time to time. However, you acknowledge that we will not be liable for any disclosure of your SPI as a result of an error in transmission or unauthorized actions of third parties.

  • 3.4

    You are prohibited from misrepresenting your identity and agree not to represent yourself as another user or login / register using the identity of any other person. You are responsible to maintain and promptly update the information provided while signing up or verifying or for any other purpose on the Platform to ensure that the information provided by you is true, accurate, current, complete and not misleading, at all times. We shall not be responsible in any manner whatsoever for the authenticity of the personal information or sensitive personal data or information supplied by you to us.

  • 3.5

    You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms of Use, we shall have the right to indefinitely suspend or terminate or block access of your Account on the Platform and refuse to provide you with access to the Platform.

  • 3.6

    Your mobile phone number is treated as your primary identifier on the Platform. It is your responsibility to ensure that your mobile phone number is up-to-date on the Platform, at all times. You agree to notify us promptly if your mobile phone number changes by updating the same on the Platform through a one-time password verification.

  • 3.7

    You agree that we shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where you have failed to update your revised mobile phone number on the Platform.

  • 3.8

    We, our employees, agents, directors and officers will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms of Use. You may be held liable for any losses incurred by us or any other user due to unauthorized use of their account by you.

  • 3.9

    You agree not to work around, bypass, or circumvent any of the technical limitations of the Platform, including using any tool to enable features or functionalities that are otherwise disabled on the Platform and/or in the Services, or decompile, disassemble or otherwise reverse engineer the Platform.

  • 3.10

    You shall not create derivative works based on the whole or any part of the Services.

  • 4.

    COMMUNICATION AND UNSUBSCRIPTION

  • 4.1

    By accepting the Terms of Use, you also accept to receive news, updates, offers/ campaign related SMS, to the mobile phone number and email address provided by you. By accessing and using the Platform and/ or verifying your contact number/email address with us; by accepting these Terms of Use; by accepting or receiving and not unsubscribing expressly on the consent availed by us from you via SMS, Emails, Voice calls, IVR (Interactive Voice Response) or any other modes and methods of communication you explicitly consent to receive such communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.

  • 4.2

    The effectiveness, clarity, and timeliness of communications are influenced by multiple factors. We assume no responsibility for non-delivery, delayed delivery, or any distortion of communication in any manner whatsoever.

  • 4.3

    You can unsubscribe/ opt-out from receiving marketing/ promotional communications, newsletters and other notifications from us at any time by following the instructions set out in such communications or writing to us at care@nexus247.in.

  • 5.

    ONLINE PLATFORM FOR TRANSACTION AND COMMUNICATION

  • 5.1

    You agree, understand and acknowledge that, this is an online Platform that enables you to purchase Products listed on the Platform, at the price indicated therein at any time from any location in India. You further agree and acknowledge that the Platform is only a 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 bipartite contract between you and the person /entity selling such Products on the Platform.

  • 5.2

    The Platform is a platform that Buyers and Sellers utilize to meet and interact with one another for conducting their transactions. The Platform is not and cannot be, a party to or control in any manner any transaction between the Platform’s users i.e. Buyers and Sellers. We operate as an online intermediary and assume the role of facilitator and do not at any point of time during any transaction between you and Seller on the Platform, come into or take possession of any of the Products offered by Seller. We only provide you with a platform for communication, and it is agreed that the contract for sale of any of the Products shall be a strictly bipartite contract between you and the Seller. At no time shall we hold any right, title or interest over the Products, nor shall we have any obligations or liabilities in respect of such agreement of sale entered into between you and the Seller.

  • 6.

    DISCLAIMER OF WARRANTIES, INACCURACIES OR ERRORS

  • 6.1

    We will try to ensure that all information and recommendations, whether in relation to the Services, or Products, offerings or otherwise (hereinafter “Information”) is correct at the time of inclusion on the Platform. However, we do not guarantee the accuracy of the Information. We make no representations or warranties as to the completeness or accuracy of Information, as we are merely an intermediary for the purposes of these Terms of Use. Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided or delay or errors in functionality of the Platform and your access to the Platform may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new functionalities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction. As a result, we do not represent that the Information posted is correct in every case.

  • 6.2

    You agree that Information is being supplied to you on the condition that you will make your own determination as to the suitability of such information for your purpose prior to use or in connection with the making of any decision. No Information on the Platform shall constitute an invitation to invest in us or any affiliates. Any use of this Platform or the Information is at your own risk. Neither we, our affiliates, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, this Platform, the Information, or any third-party website linked to this Platform. We are not responsible for the content of any third-party sites and do not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third-party platforms, you are doing so entirely at your own risk and expense.

  • 6.3

    We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards by a User.

  • 6.4

    We disclaim all liability with respect to Products, its design, description, functions, conditions, manufacturing, selling and financial obligations, including warranties, guarantees etc offered by the Seller via the Platform.

  • 6.5

    We are not responsible for any of your tax obligations or liabilities related to the use of the Platform’s Services.

  • 6.6

    We shall not be liable to you or anyone else for any losses or injury arising out of or relating to the information provided on the Platform. In no event will we or our personnel be liable to you or any third party for any decision made or action taken by your reliance on the content contained on the Platform.

  • 6.7

    As means to assist the Users in identifying the Products of their choice, we may provide visual representations on the Platform including graphics, illustrations, photographs, images, videos, charts, screenshots, info graphics and other visual aids. While reasonable efforts are made to provide accurate visual representation, we disclaim any guarantee or warranty of exactness of such visual representation or description of the Products, with the actual Products ultimately delivered to Users. The appearance of the Products when delivered may vary for various reasons.

  • 6.8

    In no event will we be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data, reputation, or business interruption), resulting from any services provided by any third party, Seller or merchant accessed through the Platform, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages.

  • 6.9

    Nothing contained herein is to be construed as a recommendation to use any Product, process, equipment or formulation, in conflict with any patent, or otherwise and we make no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise

  • 6.10

    We do not covenant or provide any representations and warranties: (a) in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption of the Product or the content (including Product or pricing information and/or specifications) on Platform; and (b) that the operation of Platform, including the functions contained in any content, information and materials on Platform or any third-party sites or services linked to Platform will be uninterrupted, or that the defects will be rectified, or that Platform or the servers that make such content, information and materials available are free of viruses or other harmful components.

  • 6.11

    THE PLATFORM AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES. WE, FOR OURSELVES AND ANY THIRD-PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS PLATFORM, MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, WITH RESPECT TO THE PLATFORM, THE INFORMATION OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE PLATFORM, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS PLATFORM OR YOUR INABILITY TO USE THE PLATFORM, EVEN IF WE HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT WARRANT THAT THE PLATFORM AND/OR THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THE RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE PLATFORM AND/OR THE SERVICES IS SOLELY AT YOUR OWN RISK.

  • 6.12

    To the extent permitted by applicable law, we, our officers, agents, employees and directors, disclaim any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of Products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on the Platform.

  • 7.

    AVAILABILITY AND ACCESSIBILITY OF PLATFORM

  • 7.1

    We control and operate this Platform from India and make no representation that the materials and the content available on the Platform are appropriate to be used or will be available for use in other locations outside India.

  • 7.2

    If you use this Platform from outside India, you agree that you chose to do so with a clear understanding that the Platform makes no representation regarding suitability, availability or compliance of the Platform with applicable laws, rules or requirements in your country of operation. You represent and warrant that you are entirely responsible for compliance with all local laws, regulations, applicable laws and/or requirements that apply to your use of this Platform. These Terms of Use do not constitute, nor may these Terms of Use be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.

  • 7.3

    The Services offered in one region may differ from those in other regions due to availability, local or regional laws, shipment and other considerations. We do not make any warranty or representation that a User in one region may obtain the Services from our Platform in another region.

  • 7.4

    Information that we publish on the world wide web may contain references or cross references to our products, programs and Services that are not announced or available in your country. Such references do not imply that we intend to announce such products, programs or Services in your country.

  • 7.5

    We monitor your Account usage in order to avoid fraudulent account creation and transactions. We have a strong notice and takedown mechanism in place in case it is brought to our knowledge that the Platform is being misused for any illegal or fraudulent activity by any User. Users with more than one Account(s), using such additional Account(s) for fraudulent transactions and dealings, shall be liable for legal actions under applicable law. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Platform and any other unlawful acts or omissions in breach of these terms and conditions as well as recover the cost of goods, collection charges and legal fees. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such Account(s) and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds to you.

  • 8.

    THIRD PARTY INTERACTION AND LINKS TO THIRD PARTY SITES

  • 8.1

    During the term of your use of the Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of Platform or access any other third-party website linked to the Platform. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that we have no liability, obligation or responsibility for any such correspondence, purchase or promotion, access or usage of any third-party website and the contract under such instances remains between you and any such third party.

  • 9.

    THIRD PARTY SERVICE PROVIDERS

  • 9.1

    We may facilitate necessary technology support to Seller to integrate a third-party service provider viz logistic partners, payment gateways, payment aggregators, service partners, third party marketplaces etc (“Third Party Service Providers”). You understand that in case of opting for any such Third Party Service Providers’ services, we will have no obligations and/or liability whatsoever vis a vis services provided by any such Third Party Service Providers.

  • 9.2

    You agree and accept that we are neither acting as a trustee nor acting in a fiduciary capacity with respect to any payment transactions between the Seller and you.

  • 9.3

    The relationship between you and any such Third Party Service Provider is strictly between you and such Third Party Service Provider, and we are not obligated to intervene in any dispute arising between you and such Third Party Service Provider.

  • 9.4

    Under no circumstances will we be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Service Provider or your contractual relationship with them. These limitations will apply even if we have been advised of the possibility of such damages. The foregoing limitations will apply to the fullest extent permitted by applicable law.

  • 9.5

    You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of such Third Party Service Provider or your relationship with them.

  • 10.

    CONTENT ON PLATFORM

  • 10.1

    The Platform contains material, including text, graphics and sound, which is protected by copyright and/or other intellectual property rights (“Content”). All copyright including text, graphics and sound, trademarks and other intellectual property rights in the Content displayed on the Platform are either owned by us or have been licensed to us by the owner(s) of those rights so that we can use the Content as part of our Services.

  • 10.2

    Any Seller’s content is a third party user generated content and we have no control over such third party user generated content as we are merely an intermediary for the purposes of this Terms of Use.

  • 10.3

    You may not: (a) copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), download, display, perform, reproduce, distribute, modify, edit, alter, enhance, broadcast or tamper within any way or otherwise use any Content contained on the Platform. These restrictions apply in relation to all or part of the Content available on the Platform; (b) copy and distribute the Information on any other server, or modify or re-use text or graphics on the Platform or any other platform; (c) reproduce any part of the Content or sell or distribute the same for commercial gain nor shall it be modified or incorporated in any other work, publication or website, whether in hard copy or electronic format, including postings to any other web site; (d) remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from the Content or this Platform; or (e) link any other material to the Content displayed on the Platform, without our express written consent. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause, and shall attract subjective penalties and costs according to the applicable law.

  • 10.4

    You may use information on the Products and Services purposely made available on the Platform for downloading, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

  • 11.

    INTELLECTUAL PROPERTY RIGHTS

  • 11.1

    This Platform is managed, controlled and operated by us and the Products are sold by respective Sellers. Any Content/Seller’s content published on Platform are protected trademarks and/or the intellectual property rights of such owner i.e. respective Seller and is solely for your personal, non-commercial use.

  • 11.2

    Notwithstanding anything contained in this Agreement, the intellectual property rights including routines, data structures, protocols, programs, templates, interfaces, application programming interfaces, software development kits, code/scripts, developer tools, technical documentation, updates, and other related materials, whether tangible or intangible, that has been made available to you by us including the Platform, Account or any other products/services or deliverables created and developed by us either before or after your acceptance of these Terms of Use, shall exclusively vest with us, in perpetuity.

  • 11.3

    If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please write to us at care@nexus247.in or for quick assistance the User may use the ‘Chat with Us’ option available on the Platform.

  • 12.

    TERM

  • 12.1

    The Term of this Agreement shall commence on the date you complete your Account registration on the Platform. The Agreement shall continue unless otherwise terminated by either or both Parties in accordance with clause 15 (Breach and Termination).

  • 13.

    BREACH AND TERMINATION

  • 13.1

    In case if you wish to deactivate your Account and/or this Agreement, you are required to notify us 60(sixty) days prior of your intention to deactivate and/or terminate your Account, and/or the Agreement, by contacting us at care@nexus247.in and then following the specific instructions indicated to you by us.

  • 13.2

    Without limiting other remedies that the we may pursue, we may at its sole discretion take such action as it deems fit, limit your activity on the Platform, immediately remove your information, forthwith temporarily/indefinitely suspend or terminate or block your Account, and/or refuse to provide you with access to the Platform or initiate any legal action it may deem fit, particularly in the following event: (a) a material breach of these Terms of Use, omission, non-performance, violation of these Terms of Use or the documents and/or any Platform Policies by you and you have failed to remedy the same within a period of 15 (fifteen) days from the date of receipt of a notice of breach from us; (b) Misuse of the Account; (c) we are unable to verify or authenticate any information including KYC details, provided by you; and (d) we believe that your actions may cause legal liability to us, other users or yourself.

  • 13.3

    In case your access or use of the Services is terminated for any of the reasons mentioned hereinabove, we and our personnel shall not be liable for any damages, losses, direct, indirect, immediate or remote, interests or claims that may occur to you or to any third party.

  • 13.4

    You agree and acknowledge that we, in our sole discretion, without prior notification or intimation, may terminate your access, to all or part of the Platform, or cease to provide accessibility to the Platform, for reasons including but not limited to: i. In response to the requests of law enforcement agencies or other government institutions; ii. In response to your own request; iii. Unforeseeable technical issues; and iv. Occurrence of an event outside our control.

  • 13.5

    No actions, omissions or decisions taken by us shall waive any rights or claims that we may have against you. Once your Account has been suspended or blocked, you may not register or attempt to register on the Platform or use the Platform in any manner whatsoever. Notwithstanding the above, if you breach the Terms of Use or the Platform Policies or other guidelines incorporated therein by reference or any other agreements/Additional Terms entered into by us and you in addition to these Terms of Use, we reserve the right to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or civil or other proceedings against you.

  • 13.6

    All your obligations and liabilities incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

  • 13.7

    Consequences of Termination. Upon such termination of this Agreement by either Party for any reason: i. Unless otherwise required under applicable laws, both Parties shall cease to use, and shall return any/all intellectual property, confidential information (if any) that belongs to the other Party; ii. Both the Parties shall endeavour to perform respective obligations up to the date of termination in business-like manner; iii. Both Parties will be regarded as discharged from any further obligations upon expiry of date of termination under this Agreement, only after due payment of fees by you to us;

  • 13.8

    Unless otherwise provided in these Terms of Use, you will not be entitled to any refunds of any fees, pro rata or otherwise, if any paid.

  • 14.

    CONFIDENTIALITY

  • 14.1

    During the Term of this Agreement, a Party (“Receiving Party”) may receive or have access to certain Confidential Information belonging and/or relating to the other Party and its affiliates (“Disclosing Party”). “Confidential Information” disclosed under this Agreement shall include information in whichever form, whether marked confidential or not, or which is disclosed by or on behalf of the Disclosing Party or derived by the Receiving Party in the course of its dealing with the Disclosing Party and its representatives and includes all information, that is reasonably understood to be confidential or proprietary, relating to all or any of the Disclosing Party existing or prospective products and / or services, know-how, script/code, algorithms, schematics, formulae, strategic data (technical, financial, commercial or otherwise), process information, methods of operation, flowcharts, or diagrams; policies and procedures regarding the design, development, research methods and results; creative and programming tools, methodologies, and techniques.

  • 14.2

    The Receiving Party shall keep Confidential Information of the Disclosing Party in confidence. The Receiving Party shall use commercial reasonable and necessary safety measures and steps to maintain the confidentiality and secrecy of Disclosing Party’s Confidential Information from public disclosure, and the Receiving Party shall, at all times, maintain appropriate measures to protect the security and integrity of the Disclosing Party’s Confidential Information. The Receiving Party shall not, without the Disclosing Party’s prior written consent, divulge any of its Confidential Information to any third-party other than the Receiving Party’s officers, employees, agents, affiliates or representatives who have a need to know for the purposes of these Terms, ensuring that they comply with same level of obligation in maintaining the Confidentiality as per these Terms.

  • 14.3

    Exceptions: The aforesaid confidentiality obligations shall impose no obligation on the Receiving Party with respect to any portion of Confidential Information which: i. Was at the time received or which thereafter becomes, through no act or failure on the part of the Receiving Party, generally known or available to the public; ii. Is at the time of receipt, known to the Receiving Party as evidenced by written documentation then rightfully in the possession of either Party; iii. Was already acquired by the Receiving Party from a third-party who does not thereby breach an obligation of confidentiality to the Disclosing Party and who discloses it to the Receiving Party in good faith; iv. Is developed by the Receiving Party without use of the Disclosing Party’s Confidential Information in such development; and v. Has been disclosed pursuant to the requirements of applicable law, any governmental authority, provided however, that the Disclosing Party shall have been given a reasonable opportunity to resist disclosure and/or to obtain a suitable protective order.

  • 14.4

    The Parties acknowledge and understand that any disclosure or misappropriation of any of the Confidential Information in violation of this Agreement, may cause irreparable harm to the non-disclosing Party, the amount of which may be difficult to ascertain. Without prejudice to any other rights available to the Disclosing Party under this Agreement or otherwise, Disclosing Party shall have the right to apply to a court of competent jurisdiction for specific performance and/or an order restraining and enjoining any such further disclosure or breach and for such other relief as such non-disclosing Party shall deem appropriate. To clarify, such right shall be in addition to the remedies otherwise available to a Party, at law or in equity.

  • 14.5

    These Terms shall not restrict the Receiving Party from complying with any legal requirement to disclose Confidential Information, provided that the Receiving Party shall to the extent that it is not prohibited from doing so by applicable law, promptly notify the Disclosing Party of such legal requirement so that the Disclosing Party may seek to quash such order and to obtain a protective order requiring that the relevant Confidential Information be held in confidence by such court or agency or, if disclosed, be used only for the purposes for which the order was issued. The Receiving Party shall cooperate fully with the Disclosing Party in any such proceeding.

  • 14.6

    The confidentiality obligations enlisted hereinabove for us shall survive for the term of this Agreement.

  • 15.

    DATA PROTECTION

  • 15.1

    We agree to collect, use, store or otherwise process any personal data strictly for the purpose of performing our obligations under this Agreement and for our internal business operations, in accordance with applicable data privacy laws and the Platform’s Privacy Policy available at https://nexus247.in/privacy-policy

  • 16.

    PRODUCT DESCRIPTION

  • 16.1

    We, being an intermediary, do not warrant that Product description or the Seller’s content published on this Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

  • 17.

    USER WARRANTIES AND RESTRICTIONS

  • 17.1

    You represent and warrant that: (a) your use of Platform and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to us in connection with Platform and/or Services is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable agreement and will not cause injury to any person or entity (including that the content or material is not defamatory); (d) shall not publish any information that is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person. If at any time, the information provided by you is found to be false or inaccurate, we will have the right to reject registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify us and our affiliates for all claims brought by a third party against us or our affiliates arising out of or in connection with a breach of any of these warranties.

  • 17.2

    You will use Platform for lawful purposes only and will not undertake any activity that is harmful to Platform or its Content or otherwise not envisaged through the Platform. You have a limited license to access and use Platform, solely for the purpose of availing the Services, subject to these Terms of Use.

  • 17.3

    You will not do any of the following:

    • i. Delete or modify any Content on Platform, such as any information regarding the Products or Services, their performance, sales or pricing;

    • ii. Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search Platform;

    • iii. Make false or malicious statements against the Products, Services, Platform or us;

    • iv. Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage Platform and/or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of Platform and/or the Services;

    • v. Introduce any trojans, viruses, any other malicious software, any bots or scrape on Platform for any information;

    • vi. Probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;

    • vii. be a minor in the jurisdiction in which you reside;

    • viii. Sell or otherwise transfer your Account;

    • ix. Automatically or programmatically extract data;

    • x. Hack into or introduce malicious software of any kind onto Platform;

    • xi. Gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services; or

    • xii. Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet.

  • 17.4

    You are prohibited from uploading, modifying, transmitting, updating or sharing on or through Platform, any information that:

  • i. belongs to another person and to which you do not have any right;

  • ii. is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;

  • iii. harms minors in any way;

  • iv. infringes any patent, trademark, copyright or other proprietary rights;

  • v. violates any law for the time being in force;

  • vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

  • vii. impersonates or defames another person;

  • viii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

  • ix. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation; or

  • x. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; and

  • xi. that violates, or is contrary to, any law for the time being in force, including content relating to unlawful online games, advertisements thereof, or other such prohibited activities.

  • PART B – TERMS AND CONDITIONS OF SALE ON PLATFORM

  • The Part B- Terms and Conditions of Sale on Platform (“Terms of Sale”) as set out herein constitute an agreement between Seller and you and governs the terms and conditions on which you purchase Products from the respective Seller(s) on or through the Platform. By placing an order for any Product on the Platform, you expressly agree to be bound by these Terms of Sale.

  • These Terms of Sale are in addition to the Agreement. This Terms of Sale constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures. Henceforward:

  • a.

    All commercial/contractual terms are offered by and agreed to between you i.e. Buyers and Sellers alone. The commercial/contractual terms include without limitation, price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to Products and services such as after sales services related to Products. We do not have any control, or do not determine or advise or in any way involve itself, in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. All discounts, offers (including exchange offers) are offered by the Seller and not by us.

  • b.

    Placement of order by a Buyer with Seller on the Platform is an offer to buy the Product(s) in the order from the Buyer to the Seller and it shall not be construed as Seller’s acceptance of Buyer’s offer to buy the Product(s) ordered. The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by Seller, shall be refunded to the Buyer. Further, the Seller may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of Products ordered within a single order and the placing of several orders for the same Product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual’s consumption quantity limit shall be based on various factors and at the sole discretion of the Seller and may vary from individual to individual.

  • c.

    We do not make any representation or warranty as to specifics (such as quality, value, saleability, etc) of the Products proposed to be sold or offered to be sold or purchased on the Platform. We do not implicitly or explicitly support or endorse the sale or purchase of any Products on the Platform. We accept no liability for any errors or omissions, whether on behalf of Seller or third parties.

  • d.

    We are not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. We cannot and do not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform. We shall, as long as it is possible, only endeavour to mediate or resolve any dispute or disagreement between Buyers and Sellers, but shall take not take complete responsibility of either party’s defence.

  • e.

    You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the Seller(s) that you transact with, on the Platform.

  • f.

    We do not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) to any of Product users. You are advised to independently verify the bonafides of any particular Seller that you choose to deal with on the Platform and use your best judgment in that regard.

  • g.

    We do not, at any point during any transaction between Buyer and Sellers on the Platform, take possession of, gain title to, or have any rights, interests, obligations, or liabilities over the Products or services offered by Sellers on the Platform. We are not responsible for any unsatisfactory or delayed performance of services, or for any damages, delays, or issues arising from the Product, including any Product being out of stock, unavailable, or back ordered.

  • h.

    We are only a Platform that can be utilized by Sellers to reach a larger base to sell their Products. We only provide a platform for communication and it is agreed that the contract for sale of any of the Products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall we hold any right, title or interest over the products nor shall we have any obligations or liabilities in respect of such contract.

  • 1.

    CONTRACT OF SALE

  • 1.1

    Listing and display of Products on Platform by the Seller(s) of such Products is their invitation to you to make an offer for purchase of their Products. Likewise, the placement of an order on Platform by you is your offer to buy the Product(s) from the Seller.

  • 1.2

    Once you have placed an order on the Platform for purchase of a Product, you will receive an e-mail and/or mobile confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is merely an acknowledgement that the Seller has received your order and does not signify the Seller’s acceptance of your offer.

  • 1.3

    You can also login with your credentials to check the status of your order in the My Orders section on the Platform. Once you open the page, you can get details regarding the order status of individual products in your order. We keep the status information of your order updated every few hours and endeavor to notify you in case of delays.

  • 1.4

    An offer shall be deemed to be accepted only when Products ordered by you has been shipped or dispatched to you and an e-mail and/or registered mobile number confirmation is sent to you mentioning the same (the “Shipment Confirmation”). The Seller(s) reserves the right, at their sole discretion, to refuse or cancel any order for any reason whatsoever before sending Shipment Confirmation to you.

  • 1.5

    An offer shall be deemed to be accepted only when Products ordered by you has been shipped or dispatched to you and an e-mail and/or registered mobile number confirmation is sent to you mentioning the same (the “Shipment Confirmation”). The Seller(s) reserves the right, at their sole discretion, to refuse or cancel any order for any reason whatsoever before sending Shipment Confirmation to you.

  • 1.6

    If your order is dispatched in more than one package, you may receive separate Shipment Confirmations for each package, and each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between you and the respective Seller(s) for the Product(s) specified in that Shipment Confirmation.

  • 1.7

    Any communication that a Seller may initiate for you, shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the Platform and in the event there is a change, please reach out for help at care@nexus247.in or by using the ‘Chat with Us’ option on the Platform. Further, we may also send you notifications and reminders with respect to scheduled deliveries of the purchased Products. While we shall make every endeavour to share prompt reminders and notifications relating to the delivery of purchased Product(s) with you, we shall not be held liable for any failure to send such notifications or reminders to you.

  • 2.

    RETURN AND REFUND

  • 2.1

    Please review the Return Policy and Cancellation & Refund Policy.

  • 3.

    PRODUCT PRICING

  • 3.1

    Transactions, transaction price and all commercial terms such as delivery, dispatch of Products are as per principal-to-principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render us liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products listed on the Platform.

  • 3.2

    You have specifically authorized us and the third party service providers to collect, process, facilitate and remit payments and / or the transaction price electronically or through Cash on Delivery (“Payment Facility”) from you in respect of transactions through designated Payment Facility. Your relationship with us is on a principal-to-principal basis and by accepting this Agreement, you agree that we are an independent contractor for all purposes, and do not have control of or liability for the products that are listed on Platform that are paid for using the Payment Facility. We do not guarantee the identity of any Seller nor do we ensure that a Seller will complete a transaction.

  • 3.3

    You understand, accept and agree that the Payment Facility provided by us is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through cash on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and debit/credit card payment gateway networks. Further, by providing Payment Facility, we are neither acting as trustee nor acting in a fiduciary capacity with respect to the transaction or the transaction price.

  • 3.4

    Disclaimer: Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by Seller may be incorrectly reflected and in such an event Seller may cancel your order(s).

  • 3.5

    Notwithstanding Sellers’ reasonable efforts in that regard, we cannot take responsibility or control the information provided by Sellers which is made available on the Platform. You may find a Seller’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.

  • 4.

    PAYMENT FACILITY FOR BUYERS

  • 4.1

    You, as a Buyer, understand that upon initiating a transaction, you are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and you shall pay the transaction price through your issuing bank i.e. Buyer’s banking company, to the Seller using Payment Facility.

  • 4.2

    You, as a Buyer, shall be entitled to claim a refund of the transaction price (as your sole and exclusive remedy) in case you do not receive the delivery within the time period agreed in the transaction. In case you do not raise a refund claim using Platform features within the stipulated time than this would make you ineligible for a refund.

  • 4.3

    We reserve the right to impose limits on the number of transactions or transaction price which we may receive from on an individual valid credit/debit card / valid bank account or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process transactions exceeding such limit.

  • 4.4

    We reserve the right to refuse to process transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with us or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.

  • 4.5

    The Buyer and Seller acknowledge that we will not be liable for any damages, interests or claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction Price which is beyond our control.

  • 4.6

    Buyer’s arrangement with Issuing Bank: All valid credit / debit/ cash card/ and other payment instruments are processed using a credit card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.

  • 4.7

    All online bank transfers from valid bank accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such online bank transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

  • PART C – GENERAL TERMS APPLICABLE TO PLATFORM USAGE AND SALE

  • This Part C -General Terms applicable to Platform usage and sale (“General Terms”) are intended to supplement and apply concurrently with Part A (Terms and Conditions for Usage of Platform) and Part B (Terms and Conditions of Sale on the Platform) of this Agreement. By accessing, using, or transacting on the Platform, you acknowledge and agree that your relationship with the Platform shall be governed by the terms set out herein, in addition to the specific provisions under Part A and Part B, as applicable. In the event of any inconsistency, the provisions of this Part C shall be read harmoniously with Part A and Part B to give full effect to the intent of the parties.

  • 1.

    MEMBERSHIP ELIGIBILITY

  • By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement. If you are below 18 (Eighteen) years of age, it is assumed that you are using/browsing the Platform under the supervision of your parent or legal guardian and that your parent or legal guardian has read and agrees to this Agreement, including terms of purchase of Products on your behalf. In the event we are made aware that you are under the age of 18 and are using/browsing the Platform without the supervision of your parent or legal guardian, we reserve the right to deactivate your account without further notice. Further, if you are using/browsing the Platform on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.

  • 2.

    MODIFICATIONS

  • 2.1

    Please note that we reserve the right in our sole discretion, to update and/or change any portion of the Terms at any time. Every time you wish to use Platform, please check the Terms to ensure you understand the terms and conditions that apply at that time. Further, please note that we reserve the right to either change the format and/or the content of Platform or temporarily suspend the operation(s) of the Platform for support or maintenance work, at any time. We may be required to make changes that materially adversely affect your use of the Services or your rights under the Terms at any time and with immediate effect (i) for legal, regulatory, fraud and abuse prevention, or security reasons; or (ii) to restrict products or activities that we deem unsafe, inappropriate, or offensive.

  • 2.2

    Any changes to the Terms will be effective immediately upon posting of such updated terms at this location. We may, in certain circumstances, also require you to provide your consent to the updated terms in a specified manner prior for your further use of Platform. Your continued access to or use of the Services after we post updated Terms, constitutes your acceptance of the changes and consent to be bound by these Terms, as amended. If you do not agree to the amended Terms, you must stop accessing the Platform.

  • 2.3

    In case of your violation of any of the provisions of these Terms and/or Platform Policies, we reserve the right to deny access, at any time, including suspension, termination of your membership and/or deletion of your Account (defined hereinafter), until such violation is not cured.

  • 3.

    TAXES

  • 3.1

    You shall be responsible for payment of all fees/costs/charges associated with the purchase of Products from us and you agree to bear any and all applicable taxes.

  • 4.

    INDEMNIFICATION AND LIMITATION OF LIABILITY

  • 4.1

    You agree to indemnify, defend and hold harmless us, our affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of Platform or the Content or the Services, violation of the Agreement, infringement of any of our or any third-party’s intellectual property or other rights or breach of any applicable laws. We will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

  • 4.2

    In no event will we be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages.

  • 4.3

    We disclaim ourselves of all liabilities incurred due to contraventions of any laws or rules of any foreign jurisdictions by the Users.

  • 4.4

    Limitation of Liability: In no event, shall our aggregate liability, if any, that is proven and ordered by a court of competent jurisdiction pursuant to a claim by you or person acting on your behalf, extend beyond Rs. 5,000/- (Indian Rupees Five Thousand only) made pursuant to an order under which such liability has arisen and been established.

  • 5

    APPLICABLE LAW AND JURISDICTION

  • 5.1

    This Agreement is governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. Subject to the Dispute Resolution clause below, Parties submit to the jurisdiction of the courts located at Mumbai, India for the resolution of all such disputes.

  • 6.

    DISPUTE RESOLUTION

  • 6.1

    Parties shall endeavour to amicably, through discussions, settle and resolve any dispute or difference arising out of or in relation to this Terms (“Dispute”) within 15 (fifteen) days from the commencement of such Dispute. In case of such failure, the Dispute shall upon the expiry of the aforesaid period, be referred to e-arbitration to be conducted by a sole arbitrator, who shall be jointly appointed by the Parties from the panel of available e-arbitrators. All arbitration proceedings may be conducted through mode available on the internet or any other information and communication technology (including but not limited to video call system, telephone or mobile, fax, e-mail facilities) which can be beneficially used to solve disputes. All Arbitration proceedings shall be held in accordance to the provisions of Arbitration and conciliation Act, 1996. The Language of Arbitration shall be English. The arbitral award shall be final and binding on the Parties. The award may include costs, including reasonable advocates’ fees and disbursement.

  • 7.

    FORCE MAJEURE

  • 7.1

    We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.

  • 8.

    WAIVER

  • 8.1

    No provision in the Agreement will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Any consent by us to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

  • 9.

    SEVERABILITY

  • 9.1

    If any provision of the Agreement is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from the Agreement and the remainder of the Agreement will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, the Agreement will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.

  • 10.

    MISCELLANEOUS

  • 10.1

    This Agreement supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the use of Platform, and the rights and liabilities with respect to any Services to be provided by us shall be limited to the scope of the Agreement.

  • 11.

    NODAL OFFICER

  • Name: Abhimanyu Mallik

  • Designation: Nodal Officer

  • Email Address: care@nexus247.in

  • Registered Office: Shopsense Retail Technologies Limited 1st Floor, Wework Vijay Diamond, Opp. SBI Branch, Cross Road B, Ajit Nagar, Kondivita, Andheri East, Mumbai 400093

  • 12.

    GRIEVANCE OFFICER:

  • In accordance with the applicable law, any grievances which you may have with respect to the information shared by you with us hereunder and its treatment or any grievance related to Service(s) being availed hereunder, may be directed by you to such grievance officer at the below mentioned coordinate:

  • Name: Ms Sana Kazi

  • Designation: Grievance Officer

  • Email Address: care@nexus247.in

Last updated: 25th August, 2025