Terms & Conditions



PLEASE READ THE TERMS & CONDITIONS OF USE BELOW. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS WHEN USING OUR SERVICES.


 This document is published in accordance with the provisions of Rules of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.nexashopping.com website.


ACCEPTANCE OF TERMS


The term 'User' may refer to Seller and Users may refer to 'Seller' and 'Buyer' as and where applicable.


User Agreement


Your use of a www.nexashopping.com website {including Nexashopping.com(hereinafter referred to as "the Website") and its related sites, services and tools} is governed by the following terms and conditions as applicable to the Website and the general principles websites of our subsidiaries and international affiliates. This User Agreement for the Website shall come into effect on 0000 hours Indian Standard Time 1st May, 2015 ("User Agreement"). If you reside in India, you are contracting with www.nexashopping.com.


For the purpose of the User Agreement, Registered User / Guest User and wherever the context so require 'You' shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as Registered User / Guest User using the computer systems of the Website and accepted this electronic version / electronic record of the User Agreement and has allocated himself a unique identification user name ("User ID" and "Password") to become Registered User or have been identified as Guest User by providing cell number and email id..


As a new Registered User/ Guest User, this User Agreement shall be effective and binding upon your 'acceptance'. 'Acceptance' shall mean your affirmative action in clicking on 'check box' and on the 'continue button' as provided on the registration page or clicking on 'Buy Now' button while transacting as Guest User or such other actions that implies your acceptance.


If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and nexashopping.com's Rules and Policies , please do not click on the "check box " and/or on the "continue" button and/or "Buy Now" button and do not seek to obtain access to or otherwise use the Website.


Amendments:


Nexashopping.com may amend this User Agreement and/or www.nexashopping.com Rules and Policies at any time by posting a revised version on the Website. All updates and amendments shall be notified to You via Nexashopping.com Website. The revised version will be effective at the Nexashopping.com posts it on the Website. In addition, if the revised version of this User Agreement includes a Substantial Change, www.nexashopping.com will provide you with prior notice of such Substantial Change/s by a Notification Preferences provided by You to Nexashopping.com. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement and in Nexashopping.com website. For the purpose of this User Agreement, the term "Substantial Change" means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.


By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by Nexashopping.com Rules and Policies as provided from time to time in the following hyperlinks:


Please note: various underlined words and phrases are various rules and policies on the Website. By accepting this User Agreement, User also agree that your use of respective country's Nexashopping.com website by the user agreement, privacy policy and other rules and policies posted on those websites.


 


1. Membership Eligibility


Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not sell, purchase or bid for any items from the Website. As a minor if you wish to purchase or sell an item from the Website such purchase or sale may be made by your legal guardian or parents who have registered as users of the Website or can use the Website as Guest User.  Nexashopping.com reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to www.nexashopping.com notice or if it is discovered that you are under the age of 18 years.


Business entity registration: If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.


Guest User: If you are transacting as a Guest User, you shall not be allowed to list/ sell product or services on Website and there could be certain additional restrictions on you as a Guest User for your purchase and the other functionality of the Website available to you. As a guest user buyer will not be eligible for vouchers or credit points and all other benefits that are practically not possible to assign to a non-registered user.


 


2. Your Account and Registration Obligations


If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. If you use the Website as a Guest User you are responsible for maintaining the confidentiality of your email ID and cell number and for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your User ID and Password, email id and cell number as the case may be. Also as a Guest User, you shall ensure the physical security and possession of your cell phone. You agree, inter alia, to: 1. Provide true, accurate, current and complete information about yourself as prompted by Nexashopping.com registration form or provided by You as Guest User (such information being the "Registration Data") 2. You must not include any of your contact details such as email addresses etc in your User ID while registering as Registered User; and 3. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or Nexashopping.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Nexashopping.com has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.


 


3. Electronic Communications


When You use the Website or send emails or other data, information or communication to www.Nexashopping.com, You agree and understand that You are communicating with Nexashopping.com through electronic records and You consent to receive communications via electronic records from www.nexashopping.com periodically and as and when required. Nexashopping.com will communicate with You by email or electronic records on the Nexashopping.com Website which will be deemed adequate service of notice/electronic record.


 


4. Fees and Services


Membership on the Website is free. Nexashopping.com does not charge any fee for browsing and buying on the Website. However, before you list an item for sale through the partner Websites, we request you to review the Fees and Credit Policy, which is hereby incorporated by reference into this agreement. Nexashopping.com partner websites reserves the right to change its Service Fee and Credit policies from time to time. In particular, Nexashopping.com 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 Nexashopping.com 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 and Credit policies 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 and be payable to respective partner specified address in the invoice.


 


4.1 How fee is charged and payment schedule. Payment process online through partner payments gateways on merchants behalf and send the money to merchant after deducting our service fees. Merchants does not have to deal with online payments as we take care of it. All we need from merchants some banking and accounting information for us to set-up online bank transfer account. We have a weekly payment cycle.


 


4.2 Taxes: You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, etc. levied thereon.


 


4.3 Non-payment: Nexashopping.com reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of fees by you to Nexashopping.com. also reserves the right to take legal action in case of non-payment of fees by you to Nexashopping.com.


 


5. Use of the Website


5.1. You understand and agree that Nexashopping.com and the Website merely provides hosting services to its Registered Users and persons browsing / visiting the Website. All items advertised / listed and the contents therein are advertised and listed by Registered Users and are third party user generated contents. Nexashopping.com neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. Nexashopping.com has no control over the third party user generated contents.


5.2. You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:


5.3. "Your Information" is defined as any information you provide to us or other users of the Website ("Users") in the registration (as Registered User or as Guest User, buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act only as a passive conduit for your online distribution and publication of Your Information.


 


5.4. Your Information (or any items listed):


The bold and underlined text in the following paragraphs is inserted in accordance with the Information Technology (Intermediaries guidelines) Rules 2011. Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011 in case of non-compliance with rules and regulations, user agreement and privacy policy for access or usage of intermediary computer resource, the Intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of Intermediary and remove non-compliant information..


 


You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:


 


(a) belongs to another person and to which You does not have any right to;


 


(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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) harm minors in any way;


 


(d) 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 items;


 


Nexashopping.com may provide the User with content such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may use this material only as expressly authorized by Nexashopping.com and shall not copy, transmit or create derivative works of such material without express authorization from Nexashopping.com.


 


The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.


(e) violates any law for the time being in force;


(f) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;


(g) impersonate another person;


(h) 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, cancel bots, 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;


(i) threatens the unity, integrity, defense, 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.


(j) shall not be false, inaccurate or misleading;


(k) 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.


Without prejudice to the generality of the above, Nexashopping.com does not permit transactions in the following items including but not limited to categories as stated in the Prohibited and Restricted Items Policy which can be accessed at Rules and Policies


 


(l) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and


(m) shall not link directly or indirectly to or include descriptions of items, goods or services that:


 are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under; are identical to other items you have up fo