ACCESS TO AND USE OF WEBSITE
The following general terms and conditions (“Terms and Conditions”) apply to your access to and use of the websites (“Websites”) of NOUXZ India Private Limited. (“NOUXZ”). By using or accessing the Websites you agree with the Terms and Conditions. In case of any conflict between these Terms and Conditions and any other terms and conditions applicable to any services or products delivered through the Websites, those terms and conditions shall prevail.
INTELLECTUAL PROPERTY
All copyright, trademarks and design rights (registered and unregistered), patents, trade secret, rights in get-up, goodwill, rights in computer software, database rights and similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world (“Intellectual Property Rights”) with respect to the Websites and all related information, materials and other data (including applications) published or available on or through the Websites or otherwise (“NOUXZ Content”) shall remain vested in NOUXZ , its group companies or its licensors. You may not distribute, exchange, sell, copy, modify, reproduce, republish, disassemble, decompile, reverse engineer, exploit, download, post, broadcast, transmit, make available to the public, or otherwise use any NOUXZ Content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any NOUXZ Content except for your own personal, non-commercial use. Any other use of the NOUXZ Content requires the prior written permission of either NOUXZ . The names, images and logos identifying NOUXZ , its group companies or third parties and their products and services are subject to copyright, design rights and trademarks of NOUXZ , its group companies and/or third parties. Nothing contained in these Terms and Conditions shall be construed as transferring any ownership of Intellectual Property Rights in any products or services of NOUXZ , its group companies or any other third party.
Descriptions and Availability of Products
The Company attempts to provide accurate descriptions of all products displayed on the Site. However, we do not warrant that the product descriptions are complete or error-free. The images of the products on the Site are for illustrative purposes only. Although the Company has made every effort to display the colors accurately, the Company cannot guarantee that your computer’s display of the colors accurately reflects the color of the products and the products you receive may vary from those images.
The products displayed on the Site are subject to availability and the Company does not provide any guarantee of a product’s availability in your locality or of the availability of all sizes/versions of all products/colors displayed. The reference to such products on the Site does not imply or warrant that these products will be available at any time in your particular location. The Company attempts to provide accurate and up-to-date information through this Site, but we do not warrant that the information is complete or error-free.
ONLINE PRIVACY NOTICE
Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used on the Websites in terms of the Privacy Policy of this Website.
SECURITY
Internet transmissions are never completely private or secure. Any message or information you send to the Websites may be read or intercepted by others unless there is a special notice that a particular message is encrypted. Sending an email message to NOUXZ does not create any reciprocal obligation or responsibility of NOUXZ to you. Any usernames and passwords used for the Websites are for individual use only. You shall be responsible for the security of your username and password (if any).
VIOLATION OF SECURITY SYSTEMS
You are prohibited from using any services or facilities provided in connection with these Websites to compromise security or tamper with system resources or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programmes, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, NOUXZ reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
NO WARRANTY
The Websites and all content are provided with all faults on an “as is” and “as available” basis. NOUXZ , its group companies, licensors, partners and other suppliers disclaim all warranties, whether express or implied, including the warranties that the Websites and all NOUXZ Content are free of defects, virus free, and able to operate on an uninterrupted basis, that they will meet your requirements, or that errors will be corrected, and the implied warranties that the Websites and all NOUXZ Content are merchantable, correct, of satisfactory quality, accurate, adequate, safe, useful, fit for a particular purpose or need, reliable, or non-infringing, unless such implied warranties are legally incapable of exclusion. No information was given by NOUXZ , its group companies, licensors, respective partners, suppliers, employees or authorized agents shall create a warranty or expand the scope of any warranty that cannot be disclaimed under applicable law. Your use of the Websites and all NOUXZ Content is solely at your own risk and NOUXZ is under no obligation to provide you with any support, advice, error corrections, updates, upgrades, bug fixes and/or enhancements of the Websites and all NOUXZ Content. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
YOU AGREE THAT NOUXZ WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the Site to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply NOUXZ ‘ endorsement or recommendation.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE SITE, AND CONTENT, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT THE SITE AND/OR CONTENT WILL MEET YOUR REQUIREMENTS, THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND/OR CONTENT OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR SERVICES OBTAINED THROUGH THE USE OF THE SITE, AND ARE NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS, OR FAILURE TO ACT OF ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE OR FROM US OR OUR SUBSIDIARIES/OTHER AFFILIATED COMPANIES SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES.
YOU ACCEPT FULL RESPONSIBILITY FOR ANY AND ALL DECISIONS OR TRANSACTIONS (INCLUDING, WITHOUT LIMITATION, ANY PURCHASES OR OTHER TRANSACTIONS) YOU MAKE IN THE COURSE OF USING THE SITE. YOU ACKNOWLEDGE AND AGREE THAT (A) USE OF THE SITE IS AT YOUR SOLE RISK; AND (B) NOUXZ AND ITS THIRD-PARTY SUPPLIERS SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTION IN USE OF THE SITE, DELAYS OR ERRORS CAUSED BY ANY USER’S USE OF THE SITE, OR ANY PART THEREOF.
LIMITATION OF LIABILITY
YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT OUR SOLE OBLIGATION TO YOU IS TO PROVIDE THE SITE “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, THE COMPANY’S NEGLIGENCE, SHALL THE COMPANY BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION THAT ARISE OUT OF OR RESULT FROM THE USE OF, THE INABILITY TO USE, OR ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED ONE THOUSAND INDIAN RUPEES (INR 1000/-).
IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, YOU AGREE THAT NOUXZ ’ LIABILITY TO YOU FOR ANY DAMAGE OR LOSS SHALL BE LIMITED TO THE FULLEST EXTENT ENFORCEABLE BY APPLICABLE LAW.
RIGHT TO CHANGE THESE TERMS AND CONDITIONS OR SITE CONTENT
NOUXZ reserves the right to change or discontinue any aspect, service, feature or content of the Websites or these Terms and Conditions at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use. Amendments will go into effect as soon as they have been published on the Websites. By continuing to use the Websites after any such changes have been published, you are indicating your acceptance of and agreement to those changes. Furthermore, NOUXZ may add, change, discontinue, remove, or suspend any other NOUXZ Content posted on the Websites, including features and specifications of products and services described or depicted on the Websites, temporarily or permanently, at any time, without notice and without liability.
INDEMNITY AND RELEASE
To the fullest extent permissible by applicable law, you agree to indemnify, defend and hold harmless the Company and its officers, directors, employees, agents, distributors, subsidiaries, parents, and affiliates (the “NOUXZ Parties”) from and against any and all claims, demands, losses, liabilities, costs, or expenses, including, without limitation, reasonable attorney’s fees which arise directly or indirectly out of or from (i) your breach of these Terms, including any of the foregoing provisions, representations or warranties, and/or (ii) from your access or use of the Site. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the NOUXZ Parties from any and all claims or causes of action you may have for damages arising directly or indirectly out of or from (i) your breach of these Terms, including any of the foregoing provisions, representations or warranties, and/or (ii) from your access or use of the Site.
DISPUTE RESOLUTION
Any dispute arising out of or in connection with these Terms shall be referred to and finally resolved by a sole arbitrator appointed by NOUXZ . The arbitration shall be conducted as per the Arbitration and Conciliation Act, 1996. The seat of the arbitration shall be Delhi.
APPLICABLE LAW
These Terms will exclusively be governed by the laws of India.
Your Relationship With Us
No agency or partnership:
No agency, partnership, joint venture, or employment is created as a result of these Terms or your use of any part of the Site. You do not have any authority whatsoever to bind us in any respect. Neither you nor NOUXZ may direct or control the day-to-day activities of the other or create or assume any obligation on behalf of the other.
COUNTERFEIT PRODUCT AND FAKE WEBSITES/LINKS DISCLAIMER
Please be aware that NOUXZ India Private Ltd. or any of our affiliates will not honour warranties for any or all counterfeit products or products sold or supplied via unauthorized offline and/or online distribution channels (i.e. forged NOUXZ logos, unauthorized distributors falsely acting as ‘authorized’ distributors). Counterfeit products may pose high risk of serious damages and such damages include, but not limited to, product damage, property damage and bodily harm or injury damage. NOUXZ and our affiliates strongly encourage our customers and potential customers to avoid any counterfeit products by all means that are falsely distributed via unauthorized online and/or offline distribution channels.
