TERMS AND CONDITIONS:
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
We welcome you to nighnighstore.com. The domain name www.nighnighstore.com (hereinafter referred to as “Website”) is registered in the name of “NighNigh.” Website is an Internet based content and e-commerce portal operated by NighNigh, a partnership firm incorporated under Limited Liability Partnership Act, 2008, having its Registered Office at Peninsula Spenta, Mathuradas Mills Compound, Senapati Bapat Marg, Lower Parel, Mumbai – 400 013.
1. Terms of Offer: This Website offers for sale certain products (the “Products”). By placing an order for Products through this Website, you agree to the terms and conditions set forth in this Agreement.
2. Taxes: If you purchase any Products, you will be responsible for paying all applicable taxes under the laws of India.
3. Use of Website: “NighNigh” is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website.
4. License: By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from NighNigh or the applicable third party (if third party content is at issue). Limited reproduction and copying of the content of the Website is permitted provided that “NighNigh” name is stated as the source and prior written permission of “nighnighstore.com is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
II. REGISTRATION, PASSWORD, AND SECURITY:
Once you complete Website’s registration process, you are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify nighnighstore.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this Section.
YOU ALSO AGREE AND CONFIRM:
• To provide true, accurate, current and complete information about yourself as prompted by NighNigh registration form or guest details form (such information being the “Registration Data”).
• That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by www.nighnighstore.com for redelivery shall be claimed from you and you shall pay such cost.
• That you will use the services provided by www.nighnighstore.com, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Website and transacting on the Website.
• That you are accessing the services available on this Website and transacting at your sole risk and are using your best and prudent judgement before entering into any transaction through this Website • That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
• That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale and invitation of offer included in the item’s description.
III. OUR SERVICES:
www.nighnighstore.com provides a number of products through the Web Site. The Products can be purchased through the Website through various methods of payments offered. Upon placing an order, www.nighnighstore.com or Sellers will directly ship the product to you and be entitled to its payment for the Services.
IV. ACCURACY NOT GUARANTEED:
Nighnighstore.com hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Alterations to certain aspects of your order such as the size, colour etc. may be required.
V. OWNERSHIP AND RIGHTS:
Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited.
VI. LINKS TO THE THIRD PARTY SITES:
The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Nighnighstore.com or the Website. Nighnighstore.com is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Nighnighstore.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Nighnighstore.com or the Website.
1. Force Majeure: NighNigh will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
2. Cessation of Operation: NighNigh may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
3. Agreement: This Agreement comprises the entire agreement between you and NighNigh and supersedes any prior agreements pertaining to the subject matter contained herein.
4. Effect of Waiver: The failure of NighNigh to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the parties shall endeavor to give effect to the courts interpretations towards the provision, and the other provisions of this Agreement remain in full force and effect.
5. Governing Law:
Jurisdiction. This ebsite originates from the City- Mumbai, State Maharashtra. This Agreement will be governed by the laws of the State of Maharashtra, India without regard to its conflict of law principles to the contrary. Neither you nor NighNigh will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in Mumbai. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial before any Court of Law arising out of this Agreement and any related documents.
6. Statute of Limitation:
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
7. Waiver of Class Action Rights:
By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. Any claims arising out of, relating to, or in connection with this agreement must be asserted individually.
NighNigh reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and NighNigh may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, NighNigh reserves the right to exercise by whatever means it deems necessary to prevent unauthorized access of the Website by you. This Agreement will survive indefinitely unless and until NighNigh chooses, in its sole discretion and without advance to you, to terminate it.
9. Domestic Use:
NighNigh makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws and shall abide by the exclusive jurisdiction of the Courts in Mumbai only.
You may not assign your rights and obligations under this Agreement to anyone. NighNigh may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
VII. AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agreed to be bound by this Agreement and all terms and conditions on this Website.