Pricing on any product(s) as is reflected on the Website 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 such your order(s).
1. You release and indemnify Nikhil Enterprise and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Nikhil Enterprise cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
Please note that there could be risks in dealing with underage persons or people acting under false pretence.
Membership on the Website
is free for buyers. Nikhil Enterprise does not charge any fee for
browsing and buying on the Website. Nikhil Enterprise reserves the right to change
its Fee Policy from time to time. In particular, Nikhil Enterprise may at its sole discretion introduce new services and modify
some or all of the existing services offered on the Website. In such an event Nikhil Enterprise reserves the right to introduce fees for
the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted
on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise
stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those
in India for making payments to Nikhil Enterprise Internet Private Limited.
Use of the Website
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:
1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which You does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content, or
content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h) infringes upon or violates any third party's rights [including, but not limited to, intellectual property
rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person's copyrighted work
(see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material),
such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or
images (those not linked to or from another accessible page);
(k) provides material that exploits people in a
sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making
or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of another person (with a minor or an adult).
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website
or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website
or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(o) engages in commercial activities and/or sales without Our prior written consent such as contests,
sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website.
specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
(p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
(q) interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
(r) refers to any website or URL that,
in Our sole discretion, contains material that is inappropriate for the Website
(s) harm minors in any way;
(t) infringes any patent, trademark,
copyright or other proprietary rights or third party's trade secrets or rights
of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(w) impersonate another person;
(x) contains software viruses or any
other computer code, files or programs designed to interrupt, destroy
or limit the functionality of any computer resource; or contains any
trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage,
detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(y) 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 any other nation.
(z) shall not be false, inaccurate or misleading;
(aa) shall not, directly or indirectly, offer, attempt to offer,
trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner
under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(ab) shall not create liability for Us or cause Us to lose (in whole or in part)
the services of Our internet service provider ("ISPs") or other suppliers;
2. You shall not use any "deep-link", "page-scrape",
"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 Website or any Content, or in any way reproduce or circumvent the
navigational structure or presentation of the Website or any Content, to obtain or attempt
to obtain any materials, documents or information through any means not purposely
made available through the Website. We reserve Our right to bar any such activity.
3. You shall not attempt to gain unauthorized access to any portion or feature of the Website,
or any other systems or networks connected to the Website or to any server, computer, network, or to any of the
services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
4. You shall not probe, scan or test the vulnerability of the Website or any
network connected to the Website nor breach the security or authentication measures on the Website
or any network connected to the Website. You may not reverse look-up, trace or seek to trace any
information on any other User of or visitor to Website, or any other customer, including any account on
the Website not owned by You, to its source, or exploit the Website or any service or information made available or
offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited
to personal identification or information, other than Your own information, as provided for by the Website.
5. You shall not make any negative, denigrating
or defamatory statement(s) or comment(s) about Us or the brand name or
domain name used by Us including the terms or otherwise engage in any conduct or action that might tarnish
the image or reputation, of Nikhil Enterprise or sellers on platform or otherwise tarnish or dilute any
trade or service marks, trade name and/or goodwill associated with such trade or service marks,
trade name as may be owned or used by us. You agree that You will not take any action that imposes
an unreasonable or disproportionately large load on the infrastructure of the Website or Nikhil Enterprise's
systems or networks, or any systems or networks connected to Nikhil Enterprise.
6. You agree not to use any device, software or routine to interfere or
attempt to interfere with the proper working of the Website or any transaction being conducted
on the Website, or with any other person's use of the Website.
7. You may not forge headers or otherwise manipulate identifiers in
order to disguise the origin of any message or transmittal You send to Us on or through the Website
or any service offered on or through the Website. You may not pretend that You are, or that You represent,
someone else, or impersonate any other individual or entity.
8. You may not use the Website or any content for
activity or other activity which infringes the rights of Nikhil Enterprise and / or others.
9. You shall at all times ensure full compliance with the applicable provisions of the Information Technology
Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws,
rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and
International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT,
Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing,
purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or
service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
10. Solely to enable Us to use the information You supply Us with,
so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide,
perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright,
publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known,
to use of the Website.
11. From time to time, You shall be responsible for providing information relating to the products
or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate
in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
We reserve the right, but has no obligation, to monitor the materials posted on the Website.
Nikhil Enterprise shall have the right to remove or edit any content that in its sole discretion violates, or
Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST
ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily
reflect Nikhil Enterprise views. In no event shall Nikhil Enterprise assume or have any responsibility or liability for any Content
posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website.
You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all
information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any
libellous, tortious, or otherwise unlawful information.
13. Your correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Website, including payment and delivery of related products or services,
and any other terms, conditions, warranties or representations associated with such dealings, are solely between
You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result
of any such dealings or as the result of the presence of such advertisers on the Website.
14. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
15. Nikhil Enterprise shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).