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Terms of Service

1. Introduction

These terms and conditions (“Terms of Use”) govern the use of Nirvay Solution Pvt. Ltd. websites: https://nirvaysolutions.com/, and any other mobile application (collectively referred to as “Platform(s)”).

The Platform(s) are owned by Nirvay Limited, a company incorporated in India under the Indian Companies Act, 2013 and having its registered office at 93 Jagriti Appartments, Pitampura, New Delhi-110034 (hereinafter referred to as “Nirvay”, “We”, “Us”, and/or “Our”).

These Terms of Use apply to the access and use of the Platform(s) and availment of products and/or Services by the Customer(s) on these Platform(s).

We reserve the right, at our sole discretion, to change or modify whole/portions of these Terms of Use at any time. If we do this, we will post the changes on this page or at a prominent place on the Platform(s) and indicate in a reasonable manner the date these Terms of Use were last revised.

Please read the Terms of Use carefully. By accessing or using the Platform(s), You agree to the Terms of Use (as revised from time to time) and conclude a legally binding contract with Nirvay.

The Terms of Use may be updated from time to time, and it is your responsibility to review them regularly. Continued use after changes constitutes your acceptance of those changes. Subject to compliance with these Terms of Use, we grant You a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Platform(s).

By undertaking any or all of the actions—such as explicitly accepting these Terms of Use (for example, by ticking a checkbox); accessing the Platform(s); creating and/or accessing an account on the Platform(s); availing the Service(s) available on the Platform(s); placing an order for a product or making a payment on the Platform(s); or undertaking any other activity that involves interaction with the Service(s) or Platform(s)—You indicate Your acceptance of these Terms of Use. 

You warrant that You possess the legal authority to accept these Terms of Use and thereby enter into an agreement with Nirvay under the applicable laws and to use the Platform(s) and avail the products and Service(s) in accordance with these Terms of Use.

2. Definitions

2.1 “Customer(s)” means:
(i) in case of a person visiting or interacting with the Platform(s) or availing the Service(s) on behalf of himself or herself, such natural person;
(ii) in case of a person visiting or interacting with the Platform(s) or availing the Service(s) on behalf of another natural person, such other natural person;
(iii) a person buying products on the Platform(s).

2.2 “Documentation” means the information made available by Nirvay regarding the products or Service(s), including user guides and manuals; help files; tutorials, including written, audio, and video; policies; procedures; and other information made available by Nirvay regarding the products/Service(s), as updated from time to time.

2.3 “Instruction(s)” means the instructions given by You on or through the Platform(s) and includes Orders placed by You through the Platform(s).

2.4 “Order” or “Ordered” means an offer made by You to Nirvay to purchase certain product(s) manufactured or offered by Nirvay or any of its Affiliate(s)/Associate Company from the Platform(s).

2.5 “Personal Data” shall mean any information that can directly or indirectly identify a Customer(s). 

2.6 “Service(s)” means the use of the Platform(s); Your Instruction(s), Order and interactions with/placed on the Platform(s); responses generated by the Platform(s); and all actions undertaken in pursuance of Your Instruction(s)/Order on the Platform(s), including but not limited to placement of Order, dispatch of Ordered products, and delivery of Ordered products.

2.7 “Terms of Use” means these Terms and Conditions.

2.8 “You” and/or “Your” means Customer(s).

3. Third-Party Service Providers

3.1 In order to fulfil your Instruction(s), certain activities are undertaken by third parties under their own terms and conditions. You are responsible for reading and understanding the terms and conditions of such Third-Party Service Provider(s) prior to placing any Instruction(s) on the Platform(s) or before availing any Service(s) that would require the involvement of such Third-Party Service Provider(s). Once any Instruction(s) are placed by You under this clause, it shall be deemed that You have read, understood, and accepted the terms and conditions of such Third-Party Service Provider(s). Third-Party Service Provider(s) include, but are not limited to:  

  • Payment Gateways
     The Service(s) include third-party payment processor(s) or gateway(s), or any other as specified on the Platform(s).  
  • Delivery Providers
     Product deliveries through the Platform(s) or during Service(s) are fulfilled by delivery partners. 
  • Call Centers
    Third-party call center partners manage customer requests, service requests, and grievance redressal.

 

3.2 The following terms, conditions, and policies (as updated from time to time) apply to Your interactions and Instruction(s) on the Platform(s) or availment of Service(s), and are incorporated herein by reference:

4. Access and Use of Service

4.1 Use of the Platform(s)
The Platform(s) are provided solely for your personal use and must not be used for any commercial purposes, except where limited business interactions are supported through designated channels. Unauthorized commercial exploitation or redistribution of content is strictly prohibited. 

4.2 Age and Competence The Service(s)/Platform(s) are not intended for anyone under 18 years of age. You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

If you are under 18 years of age, please do not use the Service(s) and/or the Platform(s). Instead, a parent or legal guardian must place any Order through their own account.

If You are categorized as a child under applicable laws and still use Our Platform(s) and Service(s), it shall be assumed that You are registered as a dependent by a registered account user and are using Our Platform(s) and Service(s) only under the guidance and involvement of the registered account user (in such cases, a parent or legal guardian). In such cases, where a child (dependent of a registered account holder) accesses the Platform(s), it will be deemed that such use has occurred under the guidance of the registered account holder, and we shall not be held liable for any misuse of the Platform(s) or Service(s) by children. 

4.3 Limitations
We may place reasonable technical or non-technical limitations on the use of the product/Service(s) by Customer(s), regardless of whether or not such limitations are communicated to Customer(s). The product must be used only as specified in the Documentation. Any use of the product or Service(s) beyond the stated operational limits (e.g., voltage, temperature, capacity) may void the warranty and violate applicable laws. Unauthorized modification, resale, or export of the product is strictly prohibited. 

4.4 Service Availability
We will do our utmost to ensure that the availability of the Platform(s) will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Your access to the Platform(s) may occasionally be suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services, at any time and without prior notice. 

4.5 Reviews, Comments, Communications, and Feedback
The Platform(s) may include functionality that allows You to post reviews, comments, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content does not violate these Terms of Use or any applicable law(s).
In particular, all such content must comply with Your responsibilities under “Legality of Your Use” below. You agree to grant licenses to Nirvay in accordance with “License by Customer” below.
You represent and warrant that you own or otherwise control all of the rights to the content that you post or provide through the Platform(s) or Service(s); that such content or material is accurate; and that use of such content and material does not breach these Terms of Use or any applicable laws/policies.

5. Customer(s) Responsibilities

5.1 Customer(s) Disclaimer
You acknowledge and undertake that You are accessing the Platform(s) and providing Instruction(s), placing Order(s), or otherwise interacting with or transacting on the Platform(s) or availing Service(s) at Your own risk, and that You are using Your best and prudent judgment before undertaking any such activity.

5.2 Accounts, Personal Data, and Security
You may be required to create an account in order to access and use the Platform(s) and/or avail Service(s). If you choose to create such an account, you agree to provide and maintain true, accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any activity that occurs under your account.

When you register for an account, you agree that:

The Personal Data provided by You is true, accurate, current, and complete.
If any of Your information changes (e.g., address), You will update Your account online or contact Us via the ‘Contact Us’ section of the relevant Platform(s).

You agree not to impersonate any other person or entity or to use a false name or a name that You are not authorized to use. You are responsible for keeping your account and Personal Data confidential. Please notify us immediately of any unauthorised use of your account or Personal Data, or any breach/misuse of security. Please ensure that You sign out of your account at the end of each session if you use a shared computer. We will not be liable for any loss or damage arising from your failure to comply with this clause.

5.3 Deletion of Account by Customer(s)
Customer(s) may terminate their account at any time by contacting us. Termination will only be effective once we confirm account termination.

5.4 Legality of Your Use
The Platform(s) may allow You to transmit or publish information (e.g., posting reviews, providing feedback). We may remove any information in violation of this clause at any time without prior notification and without assigning any reason. You are solely responsible for ensuring that your use of the Platform(s) and Service(s) complies with applicable laws, third-party privacy requirements, and intellectual property rights.
In particular, you shall not host, display, upload, modify, publish, transmit, update, or share any information that:

  • belongs to another person and to which you do not have any right;
  • is grossly harmful, harassing, blasphemous, malicious, misleading, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another’s privacy, hateful, racially/ethnically objectionable, disparaging, related to or encouraging money laundering or gambling, or otherwise unlawful in any manner;
  • harms minors in any way;
  • infringes any patent, trademark, copyright, or other proprietary rights of us or any third party;
  • violates any applicable law, rule, or regulation in or outside India;
  • deceives or misleads about the origin of messages or communicates any grossly offensive or menacing information;
  • impersonates another person or falsely presents your identity or qualifications, or constitutes a breach of privacy;
  • contains software viruses, worms, or any disruptive/harmful code, files, or programs;
    threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to commit an offence or insults any other nation;
  • consists of commercial solicitations, chain letters, pyramid schemes, mass messaging, political campaigning, or spam;
    contains Personal Data of any third party without their consent.

 

If you publish such Personal Data, it will be presumed that you have obtained free, specific, informed, and unambiguous consent from such person, and have shared these Terms of Use and Privacy Policy with them.

5.5 Content Monitoring and Disclosure Rights
We have no obligation to monitor content hosted, uploaded, or posted by you on the Platform(s). However, we may disclose any information necessary to satisfy legal obligations, to protect us or our customer(s), or to ensure smooth operations of the Platform(s). We may, at our discretion, refuse to post, remove, or refuse to remove any content alleged to be unacceptable, undesirable, inappropriate, or in violation of these Terms of Use.

5.6 Misuse of Content
All text, graphics, photographs (including image rights), videos, logos, trademarks, artwork, sounds, music, user interfaces, visual interfaces, and computer code on the Platform(s) (the “Content”) belong to us (or are licensed to us). The Content includes, but is not limited to, the design, structure, selection, coordination, expression, “look and feel,” and arrangement thereof. The Content is protected by copyright, trademark, and other intellectual property rights. You are not permitted to copy, reproduce, republish, upload, post, publicly display, translate, transmit, or distribute this Content in any way without Nirvay’s prior written permission.

5.7 Misuse of Service
You must not misuse the Platform(s) or Service(s) by interfering with their normal operation or attempting to access them using a method other than through the interfaces and instructions provided by us. You must not attempt unauthorized access to the Platform(s), Service(s), Content (as defined in clause 5.6), or related systems/networks. You must not attempt or enable access to the Platform(s), Service(s), or Content in a manner that circumvents contractual usage limits, or use them to access or exploit our intellectual property except as permitted under these Terms of Use or the Documentation.

5.8 Abusive or Excessive Use
You must not:

  • impose an unreasonable or disproportionately large load on the Platform(s) or its infrastructure; or
  • engage in abusive or excessive usage significantly in excess of average usage patterns, which adversely affects the speed, responsiveness, stability, availability, or functionality of the Platform(s) for other Customer(s).

5.9 Information Extraction
Without explicit prior written authorization from us, you shall not perform reverse look-up, trace, or seek to trace any information on another Customer(s) of the Platform(s) (including any account not owned by You), or exploit the Platform(s) or any information provided therein to reveal Personal Data of others.

5.10 Fraudulent or Unlawful Behaviour
You agree not to use the products or Service(s) for fraudulent purposes, criminal activity, or unlawful conduct. Nirvay reserves the right to bar You and lock/delete Your account.

5.11 Scanning for Vulnerabilities
You agree not to probe, scan, or test the vulnerability of any Nirvay system or network without explicit prior written authorization.

5.12 No Reverse Engineering
You may not, and shall not encourage, assist, or authorize any other person to copy, modify, reverse engineer, decompile, disassemble, or otherwise tamper with the Platform(s), in whole or in part, or create derivative works thereof.

5.13 Accuracy of Information
You agree that any information you submit to the Platform(s), including Personal Data, shall be true, accurate, current, and complete.
If you submit any communication, idea, or materials which may attract copyright or other intellectual property rights, you agree that such material shall become Nirvay’s property, except where owned by third parties and submitted under a valid license/authorisation. You agree that anything you submit shall not infringe third-party rights, nor contain unlawful, abusive, obscene, or privacy-invading content. Nirvay is not liable for any third-party claims arising therefrom.
You are personally responsible for your use of the Platform(s). If we determine that you are or have been engaged in unlawful, abusive, obscene, or privacy-invasive activities, we may deny you access or delete your account.

5.14 Compliance with the Terms and Applicable Laws
You are solely responsible for ensuring your compliance with these Terms of Use and applicable laws while using the Platform(s) and availing the Service(s).

6. Order Terms

6.1 Our Products
(a) We take reasonable care to ensure that all product descriptions (information with respect to individual products, including but not limited to all details, prices—cost of the product and delivery charges—photographic representations and descriptions) are correct. We have made every effort to display as accurately as possible the appearances, colours, textures or finishes of our products. What you see will depend on your computer equipment, screen or monitor, and we are therefore unable to guarantee that a product’s images are an accurate representation of the actual merchandise. Please refer to our Cancellation and Refund Policy and Return/Replacement and Refund Policy if you are unhappy with your order.
(b) Products are subject to availability, and products that are in your basket are not reserved and can be purchased by other Customers. We will do our best to remove any products which have sold out at the earliest opportunity. As there is a delay between the time when your order is placed and the time when the order is accepted, the stock position relating to a particular product may change. If a product you have ordered becomes out of stock after we have accepted your order, then we shall not be liable to you for being unable to provide that product. If such a situation arises, we shall notify you as soon as possible, and you will not be charged for the out-of-stock product, and in case payment has been made by you, the same shall be refunded in full.

6.2 Product Restrictions
 There may be instances where, due to restrictions (legal or otherwise) or practices in relation to a product, we are prevented from delivering it to you (for example, area-restricted products). We shall not be held liable in relation to any product that we are unable to sell or deliver to you as a result of such restrictions. Please refer to the Product Description of your selected product(s) to see if any restrictions apply. In the event that a restriction is enforced after you have placed your order with us, we will do our utmost to notify you as soon as reasonably practicable.

6.3 Your Orders
Your order shall, for all intents and purposes, be treated as an offer to purchase the product(s) as listed on the Platform(s). When you place an order to purchase a product from us, you will receive an email confirming receipt of your order and containing the details of your order (“Order Confirmation E-mail”). The Order Confirmation E-mail is an acknowledgement that we have received your order and does not confirm acceptance of your offer. We only accept your offer and conclude the contract of sale for a product ordered by you when the product is dispatched and a “Dispatch Confirmation E-mail” is sent. 

6.4 Personal Use
You confirm that the product(s) ordered by you are purchased for your internal/personal purpose and not for resale, commercial or business use, unless the Platform(s) explicitly supports such use. You authorize us to provide declarations to governmental authorities stating the aforesaid purpose. You further agree not to dismantle or reverse engineer any part of the purchased goods/products.

6.5 Pricing
We endeavour to ensure that all products on the Platform(s) are available at the same price as in our offline stores. However, from time to time, we may offer additional discounts for purchases made via the Platform(s) that do not apply in-store, or vice versa. Additionally, products offered as sets on the Platform(s) may not be offered as part of a set in-store and individual prices may apply. Product prices shown on the Platform(s) are in INR. The final price may change at checkout if subject to any applicable taxes, duties, levies, fees or delivery charges.

6.6 Payments
(a) We accept payment for orders by way of debit card, credit card, UPI, Net Banking, EMI, etc. We do not offer products/services on a COD basis.
(b) You undertake to make all payments in a timely manner, including but not limited to all applicable taxes, charges and fees as may be specified. We accept payments through a third-party payment gateway. The modes of payment offered by such third-party payment gateway may include credit card, debit card, net banking, mobile wallets and/or UPI. The terms and conditions, policies, procedures and guidelines of the Reserve Bank of India, National Payments Corporation of India, and the third-party service provider(s)—including but not limited to the payment gateway, bank, mobile wallet—shall be applicable to all transactions undertaken by you.
(c) You assume sole responsibility for all risks associated with the transfer of money or payments to us, whether or not such transfers or payments are done through the use of a third-party payment gateway. All disputes regarding delayed payments or failed payments must be resolved with your own financial service provider, such as your bank, and the third-party payment gateway, if any. We shall not be responsible for any credit card fraud, chargeback, failed or delayed payments, loss of information, loss of reputation or any other damages or losses faced by you or any third party due to the use of such third- party payment gateway. The liability for the use of a card fraudulently will be on the customer(s), and the onus to ‘prove otherwise’ shall be exclusively on the customer(s).
(d) By placing your order and making an offer to buy a product, you authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time. This may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization, to protect you and us from fraud, and to enable us to arrange delivery of your order to your nominated delivery address. 

6.7 Chargeback
By purchasing products or service(s) through our platform(s), you agree that all payments are final, non-refundable, and not subject to chargeback. In the event of any billing or payment-related dispute, you agree to first contact our customer support team at Contact Us to resolve the issue amicably. Any unauthorized chargebacks or payment disputes may lead to suspension or termination of your account and/or legal action, as permitted by law.

6.8 Prices and Offers
Prices and offers listed on the Platform(s) are provided as an invitation to offer and may not indicate the availability of the product. Offers on products sold on the Platform(s) are subject to the discretion of Nirvay and may be changed frequently.

6.9 Taxes, Charges and Fees
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, including but not limited to GST, duties and cesses, delivery fees (if applicable), payment gateway charges, etc.

6.10 Instalments (EMI) Nirvay may, at its sole discretion, provide an option for payments to be made through equated monthly instalments (\”EMI\”). All disputes and queries related to EMI must be resolved between you and your bank/issuer/NBFC. We shall not be responsible under any circumstances regarding any EMI dispute.

6.11 Product Warranties
The terms of warranty provided on the product description page, or in the absence of such a description, the terms of warranty supplied with the product shall be applicable to such products. Please refer to our Product Warranty Terms.

6.12 Title and Risk of Loss
When you purchase product(s) through the Platform(s), title to the product is transferred to you upon delivery of the product(s). The risk of loss or damage in such product(s) will pass to You upon delivery.

6.13 Right to Refuse
We may, in our sole discretion, refuse to sell products or fulfil orders placed by you without assigning any reason.

6.14 Limitations on Transactions
We may, without prior notice, impose limits on transaction volume, frequency or value.

6.15 Exclusive Remedy
This clause on Order Terms provides your sole remedy and Nirvay’ sole responsibility for situations covered.

6.16 After-Sales Services
 Customer(s) can raise a service request via various modes: call centre, website, social media, dealer app, WhatsApp, IVR, Sales and Service dealer (SSD).

7. Intellectual Property Rights

7.1 Reservation of Rights
(a) Subject to the limited rights expressly granted hereunder, Nirvay, its Affiliate(s), its licensors and content providers reserve all of their respective rights, titles and interests in and to the Platform(s), Service(s), including any software techniques and processes used, content, logos, and other materials created by them, including all of their related intellectual property rights. We owns all right, title, and interest in and to Nirvay’ registered and unregistered, domestic and foreign, trademarks, service marks, trademark applications, logos, images, material, content, designs, service mark applications, trade names, patents, patent applications, copyrights, copyright applications, discoveries, know-how and trade secrets of and relating to the Platform(s) and Service(s), including any and all templates created by us. You shall not copy, decompile, reproduce, reverse engineer, transmit, post, distribute, discover any source code or create derivative works from the Platform(s)/Service(s) without express, prior written authorization from Nirvay. You shall not use or assign any intellectual property in the Platform(s), copy any logos, brand names, marketing or branding material or pictures from the Platform(s), remove any copyright and other proprietary notices contained in any content on the Platform(s), or use spiders, crawlers or robots for the purpose of accessing the Platform(s), or any content on the Platform(s). No rights are granted to You hereunder other than as expressly set forth herein.
(b) Any unauthorized use of Nirvay’s intellectual property rights in connection with any other goods, services or offerings will constitute an infringement of the intellectual property rights of Nirvay and may be actionable under the applicable laws. 

7.2 Copyright, Authors’ Rights, and Database Rights
All Content included on the Platform(s), such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Nirvay, its Affiliate(s) or its content suppliers and is protected by Indian and international copyright, authors’ rights and database right laws. All software used on the Platform(s) is the property of Nirvay, its Affiliate(s) or its software suppliers and is protected by India and international copyright and authors’ rights laws. 

7.3 License by Nirvay
Subject to Your compliance with the Terms of Use and payment of applicable fees, if any, we grant You a limited license to access and use the Platform(s) as per the Terms of Use.

7.4 Restrictions on License by Nirvay
You shall not sell, resell, license, sublicense, distribute, make available, rent, lease or in any manner assign the Platform(s), Service(s) or any Content, or their derivatives. You may not frame or mirror any part of the Platform(s). Without express written consent from Nirvay and/or its Affiliate(s), as may be applicable, You shall not: (i) download (other than page caching) or modify the Platform(s), or any portion of it; (ii) use any meta tags or any other hidden text utilizing Nirvay’ or its Affiliate(s)’ names or trademarks; (iii) use any data mining, robots, or similar data gathering or extraction tools; (iv) otherwise download, copy or modify any information from the Platform(s), or Service(s) or any portion of the Platform(s) or Service(s); and/or (v) create and/or publish Your own database that features substantial parts of the Platform(s), including prices and product listings. 

7.5 License by Customer(s)
Customer(s) grants to Nirvay and its Affiliate(s) and sublicensees a non-exclusive, royalty-free, irrevocable, perpetual, worldwide and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any content or information provided by You on the Platform(s) or under “Reviews, Comments, Communications and Feedback” clause throughout the world in any media, and the right to use the name provided by Customer(s) in connection with such content, if they choose. You agree to waive Your right to be identified as the author of such content. You agree to perform all further acts necessary to protect any of the above rights granted by You, including execution of deeds and documents at Nirvay’ request. Nirvay may, but shall have no obligation to, use feedback provided by You to improve the Platform(s) or Service(s) without notice and without any attribution.

8. Modifications

8.1 Modification of Terms of Use
Nirvay reserves the right to modify these Terms of Use or its policies relating to the Service(s) at any time effective upon posting of an updated version of these Terms of Use through the Service(s) or the Platform(s). You should regularly review these Terms of Use, as Your continued use of the Service(s)/Platform(s) after any such changes constitutes Your agreement to such changes. 

8.2 Modification of the Platform(s) or Service(s)
Nirvay may, at any time and without prior notice, introduce new features, remove or stop offering old features, or modify existing features of the Platform(s) or the Service(s). Nirvay reserves the right to charge a fee to access any new feature or service.

9. Privacy

9.1 Privacy Policy
Our Privacy Policy outlines what Personal Data We collect when You sign up with Us or use Our Platform(s), why We collect this Personal Data, and how We process that Personal Data. You can access the Privacy Policy associated with our Platform(s) here to understand our use of Your Personal Data: Privacy Policy

9.2 Suspension of Access for Violations
If We believe that You have violated any of the conditions as mentioned under these Terms of Use, Our Privacy Policy and other terms and conditions applicable to certain Platform(s), Service(s) or any agreements consented to while availing the Service(s) or the Platform(s), We reserve the right to suspend Your access to the Service(s) and/or Platform(s) without prior notice to You.

10. Disclaimers

10.1 Third-Party Service Provider(s) Disclaimer
Nirvay shall neither be liable nor responsible for any actions or inactions of any Third-Party Service Provider(s) nor any breach of conditions, representations or warranties by any Third-Party Service Provider(s). Nirvay hereby expressly disclaims any and all responsibility and liability in this regard. Nirvay shall not mediate or resolve any dispute or disagreement between You and any Third- Party Service Provider(s). 

10.2 Warranty Disclaimers
To the maximum extent permitted by applicable law(s), the Platform(s) and Service(s) are provided by Nirvay on an “As Is” and “As Available” basis. Nirvay makes no representations or warranties of any kind, express or implied, as to the operation of the Platform(s) or the Service(s) or the information, content, materials, or products included on the Platform(s) or the Service(s). You expressly agree that your use of the Platform(s) and the Service(s) is at your sole risk. To the maximum extent permissible by applicable law, Nirvay, its Affiliate(s), and their respective directors, officers, employees, agents, and partners disclaim all warranties or representations, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, or legality of the products listed or displayed or transacted, or the content (including product or pricing information and/or specifications), software, functions, network providers, internet connection, or information available or accessible on the Platform(s). While we have taken precautions to avoid inaccuracies in content, the Platform(s), all content, information (including the price of products), material, software, products, services, and related graphics are provided as is, without warranty of any kind. We do not warrant that the Platform(s) or the Service(s), its servers, or e-mails sent from Nirvay are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of the Platform(s) or the Service(s), including but not limited to direct, indirect, incidental, punitive, and consequential damages. All the products sold on the Platform(s) are governed by different state laws, and if we are unable to deliver such products due to implications of different state laws, we will return or refund the amount (if any) received in advance by us from the sale of such product that could not be delivered to you. Nirvay does not warrant that the functions contained in content, information, and materials on the Platform(s), including, without limitation, any third-party sites or services linked to the Platform(s) will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Platform(s) or the servers that make such content, information, and materials available are free of viruses or other harmful components. 

10.3 IN NO EVENT SHALL NIRVAY, ITS OFFICERS, SHAREHOLDERS, SUBSIDIARIES, ASSOCIATE COMPANIES, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OR ANY OTHER ECONOMIC LOSS OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF NIRVAY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR ACCESS TO, THE PLATFORM(S) OR SERVICE(S). 

10.4 Advice
(a) It is agreed that none of the content or Service(s) available on the Platform(s) shall be deemed to be investment advice by Nirvay. If you receive any information, recommendations, or advice from any employee or representative of Nirvay, then such information, recommendations, or advice shall strictly be in the personal capacity of such employee or representative, and you may act upon it at your sole risk and cost. We shall in no way be liable or responsible for any transactions executed by You in pursuance of such information, recommendations, or advice.
(b) Nirvay and its officers, directors, partners, employees, agents, and Affiliate(s) shall have no responsibility with respect to any Service(s) availed by You or investment decisions or transactions made by You. Nirvay shall not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both You and Us when You commenced using the Platform(s).

11. Indemnification and Release

11.1 Indemnification
You shall indemnify and hold harmless Nirvay, its Affiliate(s) and their respective officers, directors, agents, partners, employees, representatives, and other third parties (collectively “Indemnified Parties”) from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms of Use or any document incorporated by reference, or your violation of any law, rules, regulations, or rights of a third party.

11.2 Release
You hereby expressly release the Indemnified Parties from any cost, expense, damage, liability, loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure or any other direct or indirect or consequential loss) or other consequence arising out of: (i) any of the actions or inactions of Third- Party Service Provider(s); and/or (ii) any action or inaction of Nirvay. You specifically waive any claims or demand that you may have in this behalf under any statute, contract, theory of law or otherwise. Under no circumstances shall Indemnified Parties be responsible for any business loss.

12. Third-Party Websites, Apps and Services

12.1 Links to Third-Parties
The Platform(s) may contain links to external third-party websites, apps or services. Nirvay does not guarantee, approve or endorse the information on such third-party websites, apps or services, nor does a link indicate any association with or endorsement of the linked website, app or service. 

12.2 No Control Over Third-Parties
We do not operate or control and have no responsibility for the information, products and/or services found on any external sites. Nor do we represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose. 

12.3 Risks from Third-Parties
You assume complete responsibility and risk in your use of any external website, app or service. You should direct any concerns regarding any external link to the relevant website’s, app’s or service’s administrator, owner or webmaster. You are hereby informed to exercise utmost caution when visiting any third-party website, app or service. 

12.4 For more information on how Nirvay handles your Personal Data, please refer to our Privacy Policy.

13. Term and Termination

13.1 Term
The Terms of Use shall continue to be in full force and effect for so long as you continue using the Platform(s) and the Service(s). The Platform(s) provide the online shopping platform wherein the Customer(s) can purchase/buy the products and avail the Service(s) listed on the Platform(s). By clicking on the “Pay now” button, you are agreeing to use the Service(s) in a manner consistent with and abide by the Terms of Use, our Privacy Policy, and with all applicable laws and regulations. 

13.2 Termination by Nirvay
You agree that Nirvay, in its sole discretion, may suspend or terminate your account (or any part thereof) or these Terms of Use at any time without prior notice and without assigning any reason or generally cease offering or deny access to the Service(s) or any portion thereof, at any time for any reason. Nirvay may remove and discard any content within the Platform(s) or the Service(s), for any reason, including, without limitation, for lack of use or if Nirvay believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Platform(s)/Service(s), may be referred to appropriate law enforcement authorities. 

13.3 Effect of Termination
Upon termination of this Terms of Use, Customer(s) shall be liable for any pending or unpaid fees, charges or payments for any Order placed or Instruction(s) given by Customer(s) under this Terms of Use. Nirvay may, at its sole discretion, undertake any of the following actions upon termination of the Terms of Use: (i) provide a refund for unfulfilled Order; (ii) cancel unfulfilled Order; (iii) require Customer(s) to return product(s) that have already been delivered if Nirvay suspects fraudulent activity; and/or (iv) fulfil an Order placed prior to termination of the Terms of Use.

14. General Clauses

14.1 Severability
If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law or otherwise unenforceable, illegal or invalid, such provision or part thereof shall to that extent be deemed not to form part of these Terms of Use but the legality, validity and enforceability of the other provisions in these Terms of Use shall not be affected. 

14.2 Force Majeure
You understand that there may be an occurrence of an event or effect that cannot be reasonably anticipated or controlled (acts of God, war, pandemic, etc.). Upon such occurrence, you agree to excuse performance and not hold Nirvay liable for delay or failure of performance. 

14.3 Assignment
You shall not assign any of your rights or obligations hereunder without Nirvay’ prior written consent. Nirvay may assign or transfer its rights and obligations without your consent. 

14.4 Relationship between Parties
No joint venture, partnership, employment, or agency relationship exists between you and Nirvay. 

14.5 Governing Law and Jurisdiction
These Terms shall be governed by Indian law. Courts in Delhi shall have exclusive jurisdiction over disputes. 

14.6 Waiver
No failure or delay by Nirvay in exercising any right shall be deemed a waiver of that right. 

14.7 Headings and Sub-headings
Headings are for convenience only and do not affect the interpretation of clauses. 

14.8 Interpretation
In these Terms of Use, the singular includes the plural, and references to statutes include amendments and replacements, and other standard interpretation rules apply. 

14.9 Surviving Provisions
Clauses that by nature survive termination—including clauses 2, 5, 6, 7.5, 10, 11, 12, 13, and 14—shall continue to apply

15. Contact Us

Email: info@nirvaysolutions.com
Office Address: B1/637, 1st Floor Janakpuri East, New Delhi- 110058