YOUR AGREEMENT WITH NishEcart

• 1. We reserve the right to modify the Terms at any time without giving you any prior notice. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Terms as modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Website or to particular Service are also considered as Terms.
• 2. You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us.
• 3. Your access to use of the Website and the Services will be solely at the discretion of NishEcart .
• a. the Indian Contract Act, 1872,
• b. the (Indian) Information Technology Act, 2000, and
• c. the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011.

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APPROVAL OF TERMS

• 1. By using the Website and its Services, you agree that you have read and understood these Terms and you agree to be bound by these Terms and use the Services in compliance with these Terms. Please read these Terms carefully. If you do not agree to be bound by (or cannot comply with) any of the terms below, please leave the Website immediately and terminate your account with us. The information that you obtain or receive from NishEcart , its Team, contractors, partners, sponsors, advertisers or otherwise on the Website is for informational and scheduling purposes only.
• 2. The information provided on the Website is not professional advice and must not be considered as such. Your use of information provided on the Website is solely at your own risk.
• 3. You can accept the Terms by:
• a. Using the Website; or
• b. By actually using the Services. In this case, you understand and agree that NishEcart will treat your use of the Services as acceptance of the Terms from that point onwards.
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• 4. For being a valid User you must satisfy the following conditions:
  a. You are of legal age to form a binding contract with NishEcart ; or
  • b. You are not a person barred from receiving the Services under the laws of India or other countries including the country in which you are resident or from which you use the services.

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INFORMATION PRESENTATION/ EDITORIAL CONTROL

• 1. We make the Website available as a part of our Service to Holders and Merchants. We may, but have no obligation to, have non user-posted information reviewed by the Website's editorial personnel.
• 2. It is important to note, however, that the timeliness and accuracy of any or all of the information is not guaranteed. Neither the authors, the editorial personnel, nor any other party who has been involved in the preparation or publication of this work can assure you that the information contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such information.

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USE OF SERVICES AND INFORMATION ON THE WEBSITE

• 1. In order to access certain Services, you may be required to provide information about yourself (such as identification, contact or payment details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to us will always be true, accurate, correct, complete and up to date. Any phone number used to register with the Website needs to be registered in your name and you might be asked to provide supporting documents to prove the same.
• 2. Information provided by NishEcart or otherwise obtained from the Website will not be used for any unauthorized and unlawful purpose;
• 3. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by NishEcart , unless you have been specifically allowed to do so in a separate agreement with us;
• 4. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services);
• 5. You agree that you will not reproduce, duplicate, copy, transfer, license, rent, sell, trade or resell th5 information obtained from the Website for any purpose whatsoever;
• 6. You agree that you are solely responsible for (and that NishEcart has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which NishEcart may suffer) of any such breach.
• 7. You will not impersonate another person, including, without limitation, a Holder or a Merchant.
• 8. You agree to the use of your data in accordance with NishEcart 's Privacy Policy
• 9. All personal and contact information provided by you will be kept confidential by NishEcart . This includes your personal information given in relation to your account creation and subsequent administration.

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CONTENT YOU POST OR SUBMIT

• 1. On creation of an account on the Website, you will have the opportunity to use various interactive aspects through which you can communicate with our Team and share information (collectively "Posted Information"). It is important that you act responsibly when providing such Posted Information. Do not use inappropriate language, make gratuitous personal criticisms or comments. When participating in interactive aspects of the Service, please do include all relevant information in a concise manner to help us provide you with a helpful response.
• 2. Please note that:
  • a. You are solely responsible for any Posted Information that you submit on the Website or transmit to our Team and/or other users of the Website;
  • b. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party;
  • c. You may not provide any Posted Information that falsely expresses or implies that such content or material is sponsored or endorsed by NishEcart ;
  • d. You may not provide any Posted Information that is unlawful or that promotes or encourages illegal activity;
  • e. You understand and agree that NishEcart may (but is not obligated to) review and delete any Posted Information that in the sole judgment of NishEcart violates these Terms or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users of the Website and/or any other person;
  • f. You agree that you will only provide Posted Information that you believe to be true and you will not purposely provide false or misleading information; and
  • g. The following is a partial list of the kind of content and communications that are illegal or prohibited on/through the Website. NishEcart reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of such violators or blocking your use of the Services and/or the Website. You may not post content that:
    • A. Involves the transmission of unsolicited mass mailing or "spamming"
    • B. Harasses or advocates harassment of another person;
    • C. Is false or intentionally misleading;
    • D. Violates the intellectual property or other rights of any person;
    • E. Is threatening, obscene, defamatory or libellous; or
    • F. Is pornographic or sexually explicit in nature.
• 3. You agree, through Your use of this Service, that you will not use this Website to post any material which known to be unlawful, false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, libelous, harmful, obscene, profane, sexually oriented, threatening, racially offensive, invasive of a person's privacy, or otherwise objectionable material of any kind or nature. You agree not to post any copyrighted material unless the copyright is owned by You or You have been given permission by the copyright owner to post such material and You give due credit to the copyright owner by including the copyright information in your post.
• 4. You agree and acknowledge that you will not submit unlawful, offensive, inaccurate, misleading, abusive, pornographic, harassing, libelous, blasphemous, defamatory, obscene, paedophilic, invasive of another's privacy, hateful, racially or ethically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise inappropriate material.
• 5. You also agree that you will:
  • A. Not upload or share any information that impersonates another person, threatens the unity, integrity, defence, security or sovereignty of India;
  • B. Obtain any consents, permission or licenses that may be legally required for you to submit any material;
  • C. Respect the privacy of others;
  • D. Not distribute or post spam, unreasonably large files, chain letters, pyramid schemes, viruses;
  • E. Not use any other technologies or initiate other activities that may harm the Service, or the interest or property of the Users; and
  • F. Not use any automated systems or means to access, acquire, copy or monitor any part of the Service.
• 6. You will notify NishEcart at NishEcart Helpdesk upon coming across any objectionable content on the Website and NishEcart shall use best efforts to remove such objectionable content within thirty-six hours from being duly notified.

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USER RESPONSIBILITIES

• a. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, expertise and quality of work or services or other information concerning the Team.

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THIRD PARTY INFORMATION ON THE WEBSITE

• 1. As some information appearing on the Website is provided to NishEcart by third parties, NishEcart will have no liability in respect of any loss or damage arising from third party information which appears on the Website, including the manner in which the information is displayed or information which may be:
  • a. Out of date;
  • b. Inaccurate;
  • c. Duplication;
  • d. Impersonation by a person to be another person.
• 2. All dealings and communication arising from NishEcart 's facilitation of interaction between Merchant and Holder will be between the Merchant and Holder only and NishEcart is not responsible in any manner for any communication between the Holder and the Merchant, and has no liability in respect of such dealings whatsoever.
• 3. NishEcart is not an agent for any of the Merchants listed on this Website and NishEcart has no responsibility for and no liability whatsoever in respect of the conduct of a Merchant or quality of service provided by a Merchant.

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LINKS TO OTHER SITES

• The Services may include links to other websites. Some of these websites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and the provision of these links does not mean that we endorse these websites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other websites.

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NO WARRANTIES

• 1. The interface/Website is provided subject to all of the terms set forth in the Terms.
• 2. NishEcart disclaims all warranties whether express or implied, including but not limited to:
  • a. That our Website will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Website and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, the public switched mobile network, private switched mobile networks and your power supply. We take no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control;
  • b. Your ability to use the Service through the Website;
  • c. Your satisfaction with the Service or the Website;
  • d. Security and privacy of your data;
  • e. That bugs or errors in the Service and/or Website will be corrected;
  • f. That our Services will be compatible with all broadband services and modems and we disclaim any express or implied warranties regarding the compatibility of our Service with any particular broadband service or modems;
  • g. We make no express or implied representations or warranties about our Services or the Website and disclaim any implied warranties, including, but not limited to, warranties or implied warranties of merchantability or fitness for a particular purpose or use or non-infringement. We do not authorize anyone to make a warranty on our behalf and you may not rely on any statement of warranty as a warranty by us; and
  • h. That our Team who furnishes Services to you in connection with this Agreement or the Service will be liable for any act or omission in relation to the Website.

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RESTRICTIONS ON USE

• In addition to all Terms of this Agreement, you shall not:
  • 1. Use the third party links to sites without agreeing to their website terms & conditions;
  • 2. Post links to third party websites or use their logo, company name, etc. without their prior written permission; or
  • 3. Use the Services for spamming and other illegal purposes.

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TERMINATION OF SERVICES

• 1. Your account may be disabled and Services may be terminated based upon the representations made by you. Any of the following actions may result in termination of Services:
  • a.Impersonating another person or entity with the effect of misleading users about the identity of the creator of content (including misleading account user names, voices and sounds used in broadcasts, and account profile information);
  • b. Impersonating the Services or a NishEcart Team member;
  • c. Representing that content you post or transmit through the Services is created or endorsed by us;
  • d. Providing or sending any content which may be harmful or detrimental to NishEcart or its business associates, or which violates any restriction or policy established by NishEcart or its business associates;
  • e. Submission of any content that falsely expresses or implies that such content is sponsored or endorsed by us;
  • f. Falsification or deletion of any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is posted;
  • g. Putting on NishEcart 's system any content that contains software viruses, trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit functionality of any computer software or hardware or telecommunications equipment;
  • h. Manipulating Service identifiers in order to disguise the origin of any content transmitted via the Services;
  • i. Collecting or storing personal data about other users;
  • j. Interfering with or disrupting the Service or servers or networks connected to the Service, or disobeying any requirements, procedures, policies or regulations of networks connected to the Service;
  • k. Using any robot, spider, website search/retrieval application, or other device to retrieve or index any portion of the Service or collect information about users for any unauthorized purpose; or
  • l. Creating user accounts by automated means or under false or fraudulent pretences.