Effective Date: November 1, 2023
Website Covered: www.neehvhome.com
THE AGREEMENT: The use of this website and services on this website provided by Neehv Furnishings LLP (hereinafter referred to as "Owner") are subject to the following Terms & Conditions (hereinafter the "Terms of Service"), all parts and sub-parts of which are specifically incorporated by reference here together with the Privacy Policy. Following are the Terms of Service governing your use of www.neehvhome.com (the "Website"), all pages on the Website, and any services provided by or on this Website ("Services").
By accessing either directly or through a hyperlink, the Website, and/or purchasing something from us, you engage in our "Service" and agree to be bound by the Terms of Service, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation vendors, buyers, customers, merchants, browsers, and/or contributors of content. You acknowledge and agree that the Website may use your personal information in the manner described in our Privacy Policy which sets forth how information collected about you is collected, used, and stored.
This is an electronically generated record, and it does not require any physical or digital signatures. This document is published in accordance with the Information Technology Act rules which require publishing – rules, regulations, privacy policy, and terms of use for access or usage of www.neehvhome.com.
1) DEFINITIONS
The parties referred to in these Terms of Service shall be defined as follows:
- a) Owner, Us, We: The Owner, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it, available to users. Neehv Furnishings LLP, Owner, Us, We, Our, Ours, and other first-person pronouns will refer to the Owner, as well as all employees and affiliates of the Owner.
- b) You, the User, the Client: You, as the user of the Website, will be referred to throughout these Terms of Service with second-person pronouns such as You, Your, Yours, or as User or Client. For the purpose of these Terms of Service, the term "User" or "you" shall mean any natural or legal person who is accessing the Website. The term '"Your" shall be construed accordingly.
- c) Parties: Collectively, the parties to these Terms of Service (the Owner and You) will be referred to as Parties.
2) AGE RESTRICTION
You must be at least 18 (eighteen) years of age to use this Website, or any Services contained herein. By using this Website, You represent and warrant that you are at least 18 years of age and may legally agree to these Terms of Service. The Owner assumes no responsibility or liability for any misrepresentation of Your age.
3) ABOUT THE SITE
The Website is an online store that carries out sales of the following: furniture, furnishings, decor and related products. We reserve the right to refuse Service or refuse to sell the products on the Website at our sole discretion to anyone for any reason at any time.
The Website does not screen or censor the users who register on and access the Website. You assume all risks associated with dealing with other users with whom you come in contact through the Website. You agree to use the Website only for lawful purposes without infringing the rights of or restricting the use of this Website by any third party.
4) LICENSE TO USE WEBSITE
The Owner may provide You with certain information as a result of Your use of the Website or Services. Such information may include but is not limited to, documentation, data, or information developed by the Owner, and other materials which may assist in Your use of the Website or Services ("Owner Materials"). Subject to these Terms of Service, the Owner grants You a non-exclusive, limited, non-transferable, and revocable license to use the Owner Materials solely in connection with Your use of the Website and Services. The Owner Materials may not be used for any other purpose and this license terminates upon Your cessation of use of the Website or Services or at the termination of these Terms of Service.
You agree not to collect the contact information of other Users from the Website or download or copy any information by means of unsolicited access so as to communicate directly with them or for any reason whatsoever.
Any unauthorized use by You shall terminate the permission or license granted to You by the Website and You agree that You shall not bypass any measures used by the Owner to prevent or restrict access to the Website.
We reserve the right to refuse service or refuse to sell the products on the Website at our sole discretion to anyone for any reason at any time.
5) INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by the Owner are the property of the Owner, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Owner IP"). You agree that the Owner owns all rights, title, and interest in and to the Owner IP and that You will not use the Owner IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Owner IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without prior written permission from the Owner.
6) USER OBLIGATIONS
As a user of the Website or Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website and Services. You must not share such identifying information with any third party and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. An email notification will suffice.
You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. The billing information You provide us, including credit card, billing address, and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of Your identifying information.
Providing false or inaccurate information or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of these Terms of Services. The Owner reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
7) Please note that neither the completion of online checkout process nor an email confirmation constitute the acceptance of your order by us. The acceptance of your order will take place only once the full payment for your order is received by us. You can review the orders you have placed and their current status at any time by visiting our Website and clicking on “Log In” at the top of the page followed by selecting “Track Your Order”.
In the event that we are unable supply with the Products you ordered for any reason, we will not process the order and will inform you of this. In case you have already paid for the Products, we will provide a full refund to you as soon as reasonably possible.
7) ORDER QUANTITY
We retain the rights to restrict the quantity of items that can be ordered per individual, per household, or per order. If multiple orders are placed from the same account or payments are made using the same card, or if orders are shipped to the same address, such limitations may apply, and we will promptly notify the consumer. In certain instances, the approval of bulk orders will based on verification by us.
8) NO GUARANTEE FOR EXACTNESS
We hereby disclaim any guarantee of an exact match to the finish and appearance of the final product. The images provided on the Website may not display certain hardware items, such as hinges, screws, channels, etc. It is important to note that these hardware items are included with the product but may not be visible in the images.
9) INCORRECT PRICING
We diligently endeavour to ensure the accuracy of the information on our website, and conduct price verification prior to dispatch. In the event of an inadvertent mispricing on our website, the following procedures shall apply:
- If the correct price of a product is lower than the price displayed on our website, we shall charge the lower amount, refund any excess payment, and proceed with the shipment of the item.
- Conversely, if the correct price of a product exceeds the price displayed on our website, we shall promptly notify you. Upon your confirmation, the order may be either cancelled, or executed with the additional amount being duly collected."
10) DISPARITY BETWEEN ONLINE AND OFFLINE PRICING
Our primary aim is to offer our customers high quality products at competitive prices. However, it is important to acknowledge that online pricing for a specific product may diverge from the price of the same product available in physical retail stores, particularly in certain geographic regions.
11) CANCELLATIONS
We retain the right to refuse or cancel any order for various reasons, which may include, but are not limited to, situations such as the unavailability of raw materials, inaccuracies in product or pricing information, or the identification of credit or fraud-related concerns by our finance department. In such instances, we will promptly cancel the order and duly inform the consumer, and refund the charged amount.
In the event of order cancellation, after payment has been processed, the corresponding amount shall be reimbursed through the same payment method utilized for the transaction.
For bulk orders, we shall seek prior authorization on your payment card. We may charge an amount equivalent to the order that we intend to fulfil. We maintain the right to capture or charge your card, either partially or in full, as per the authorized amount for the placed order.
12) FRAUD CASES OR DECLINED TRANSACTIONS
We retain the right to recover the product costs, collection fees, legal expenses, or any other charges incurred by us in the course of pursuing recovery from individuals engaging in fraudulent activity on our website. Additionally, we maintain the right to initiate legal proceedings against such individuals.
13) PAYMENT & FEES
Upon your registration for any of the paid services on this website or the purchase of any product or service, you hereby agree to remit to us the specific monetary amounts stipulated for said product or services. These monetary amounts (referred to as “Fees”) will be described to you during your account registration and/or confirmation process. The ultimate payment amount will be presented to you for review immediately prior to the completion of your purchase.
14) COLLECTION & USE OF INFORMATION
By using the Website and Services, you acknowledge that you may provide us with certain information. By doing so, you authorize the Owner to use your information within India and any other country where we operate.
- a) Information We May Collect or Receive: When you register for an account, you are required to furnish a valid email address and may provide additional information, such as Your name or billing information Depending on how You utilize Our Website and Services, we may also receive information from external applications you use to access our Website, or obtain information through various web technologies, such as cookies, log files, clear gifs, web beacons, or other means.
- b) How We Use Information: The information collected from you is used to ensure your continued positive experience on our website, which may include email communication. We may also analyse certain passive information to enhance our marketing and analytics, and in doing so, we may collaborate with third-party providers.
- c) Protecting Your Information: If You wish to restrict our access to passive information obtained through various technologies, you may choose to disable cookies in your web browser. It is important to note that the Owner will still retain information provided by you, such as your email address. Should you decide to terminate your account, the Owner may retain some information about you for a period of 30 days for future reference, after which it will be deleted.
15) SHIPPING/DELIVERY/RETURN POLICY
By making a purchase from us, you agree to ensure payment for any items you acquire, and acknowledge that prices are subject to change. When purchasing physical goods, you also agree to provide us with a valid email address, shipping address, and accurate billing information. We retain the right to reject or cancel an order for any reason, which may include errors or omissions in the information you provide. If such cancellation occurs after payment has been processed, we will issue a refund for the purchase price. Furthermore, we may request additional information from you before confirming a sale and hold the right to impose additional restrictions on the sale of any of our products.
Please be aware that delivery charges and delivery times may vary depending on the type of products ordered, the chosen service, and the delivery address.
For the sale of physical products, we may preauthorize your credit or debit card at the time the order is placed, or we may charge your card upon shipment. You are responsible for monitoring your chosen payment method. Shipment costs and dates are subject to change from the costs and dates you are quoted due to unforeseen circumstances.
In the event of any questions, concerns, or disputes, you agree to promptly contact us at the following address: customercare@neehvhome.com.
Below are our related policies:
We offer a 72 hours return policy from the time product is delivered (in case of preinstalled products) / is installed (when expert assembly is required), during which you may request the return of your purchased product.
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Damaged or Defective Products: If the product you receive is damaged or defective, please notify us within 72 hours of receipt by raising a ticket on our website or contacting us at customercare@neehvhome.com and calling our customer care number. We will assess the damage or defect within 72 hours of receiving your return request and provide a suitable solution. If deemed necessary, the product may be replaced, returned, or addressed through other corrective measures.
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Wrong Product: If you receive the wrong product, please raise a ticket on our website. We will assess the issue within 72 hours and provide an appropriate solution, which may involve product replacement, return, or other corrective measures.
- Change in Requirement: To cancel your order, place a request on the website within 24 hours of order placement, and a full refund will be initiated. After 24 hours, cancellation requests will not be entertained. If you still wish to proceed with cancellation after 24 hours, a 7.5% deduction will be applied, provided the product is not in production or dispatched. If the product is already in production or dispatched, then cancellation will not be possible.
In the event of an accepted return, you agree to keep the product and its accessories in an unused and original condition. You agree to provide the original bill, warranty card, and attached tags. You also agree to ensure no damage occurs to the product while in your possession. All items should be returned in the manufacturer's packaging for a successful return pick-up.
- For fragile items with damage or defects, customers are requested to share an unboxing video. Returns will not be accepted if you have ordered the wrong product model, colour, shade, non-returnable category products, or made post-return period requests, and in case of damage caused by improper handling, or any product modifications on your end. Any decision regarding these matters shall be final and binding.
Please note that there can be differences in colour, texture, shade, or finish between listed images on the portal and the actual product due to screen calibrations and resolutions. In such cases, the products will not be eligible for return.
We reserve the right to reject a return request for a product that does not meet the specified aforementioned conditions. For more information, please contact us through our customer care number or email us at customercare@neehvhome.com.
(b) Return:
Accepted return requests will be facilitated by our logistics partner, who will get in touch with the customer and arrange the collection of the product for return.
(c) Refund:
If you are eligible for a refund, it will be processed in accordance with the following guidelines:
- We will initiate the refund process 2-3 days after the cancelled product/s reaches our warehouse.
- The reimbursement will be made using the same payment method you used for the initial transaction, unless you have expressly agreed otherwise. You will not incur any fees as a result of the reimbursement.
16) WARRANTY POLICY
All our products are covered by a 24-month warranty period. This warranty encompasses manufacturing and workmanship defects occurring during the specified warranty period. The warranty period initiates from the date of product delivery to your address.
- Non-Transferrable: This warranty is non-transferrable and requires the presentation of the original bill to establish warranty eligibility.
- Intended Use: Our furniture and products are intended for use under normal household conditions. Deviation from these conditions may void the warranty entirely.
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Product Alterations: Any modifications or alterations made to the products after purchase will nullify the warranty.
(i) Warranty Exclusions: The warranty does not apply under the following circumstances:
- Regular wear and tear of the product due to extended use.
- Damage, cuts, scratches, or other forms of harm resulting from improper cleaning methods or accidents.
- Incorrect assembly performed by the customer.
- Prolonged exposure to water or extreme moisture leading to board decay.
- Use of non-standard dry-cleaning procedures or harsh chemicals.
Tolerances of up to 6 mm in surface unevenness are widely accepted due to variations in floor and surface levels. Such variances are not covered by the warranty.
We retain the right to modify or amend the terms and conditions herein as needed. These modifications may be made in response to changes in the availability of services, products, or raw materials, or for compliance with applicable policies, rules, regulations, and laws, with or without prior notice.
17) Disclaimer
- Exclusion of Damages: Under any circumstances, whether due to a breach of contract, warranty, tort, or any other legal theory, we shall not be liable for any incidental, special, or consequential damages. This includes but is not limited to the loss of profits, revenues, or any other associated costs or damages.
- Exemption from Personal Injury and Death: This Warranty does not extend to personal injury and/or death caused by the user's own negligence or omissions.
- Maximum Liability: To the fullest extent permitted by applicable laws, the remedies provided in this Warranty constitute your sole and exclusive remedies. Our total liability, related to or arising from your purchase or use of the product or any damage thereto, regardless of the type or cause of such damage or the characterization of the claim asserted (whether in contract or tort), shall not, under any circumstances, exceed the product's purchase price as indicated on the invoice.
Warranty Claim:
If you wish to make a warranty claim during the warranty period, please contact our customer support team at customercare@neehvhome.com. Provide complete details along with the original bill for verification.
18) Delivery process
- Timely Delivery: We strive to ensure a hassle-free delivery and installation experience. Our support and delivery partner's team will be in contact with you, providing an estimated delivery timeline during the purchase process.
- Delivery by Third-Party Logistics: Please note that product delivery is facilitated by third-party logistics. While we make every effort to ensure timely delivery, you understand and acknowledge that unforeseen circumstances, logistics issues beyond our control, adverse weather conditions, political disruptions, strikes, acts of nature such as floods, earthquakes, situations like a pandemic (e.g., COVID), or any orders issued by relevant government authorities may cause delays. We will keep you informed if any delays occur due to such circumstances. We shall have no liability or obligation to compensate you for any claims that may arise due to shipment or delivery delays or the use of purchased products.
- Serviceable Areas: We aim to ship our products across India but may, at our discretion, determine a select list of areas that are unserviceable for delivery. You can verify the serviceability of your area by entering the relevant pin code on our website.
- Delivery Attempts and Extra Charges: The first delivery attempt to your shipping address is complimentary. In case of a missed delivery, extra visit charges will be applicable. We will make up to three attempts to deliver the product. If you are unable to receive the product after three attempts, we will cancel the order, and the product will be returned to our warehouse. Additional charges may apply for weekend or specific time deliveries. Once the order has reached your nearest delivery center, and if you fail to receive the products, we will hold the products for 7 days. After this period, the product will either be shipped back, or extra charges will be applicable.
- Risk and Accuracy of Information: The risk associated with the products you order, including the risk of damage or loss, passes to you once the products are delivered to the specified address in your order. We will not be liable for replacement or refund in case the specified address is incorrect. Providing accurate information related to your address, landmarks, contact details, etc., is vital. Delivery failure due to inaccurate information will result in chargeable delivery attempts. We will not be liable at any point in time if the delivery fails due to the provision of inaccurate information by you. We also reserve the right to deduct delivery charges and a 10% processing fee from any refunds subsequent to cancellation.
- Tracking and Status: After processing your order, it is handed over to our logistics partner. You will receive a unique ID for tracking your product's delivery status. Our team collaborates with the logistics partner to ensure timely delivery, and tracking status is continuously updated. However, as we engage third-party service providers for deliveries, we cannot guarantee the accuracy or correctness of the tracking status. The status may be subject to inconsistencies due to time lags in information updates and technical difficulties beyond our control.
- Delivery Personnel: While we aim to engage with partners, employees, and agents who uphold ethical standards and integrity, we acknowledge that the actions and inactions of delivery individuals are beyond our control. We cannot monitor every delivery person. We solely facilitate the delivery of products you've purchased and will not be liable for any acts or omissions on the part of our delivery agents, employees, or personnel, or those of our logistics partner, including deficiencies in service, incorrect product delivery, delivery time, product package integrity, etc. Any issues arising between you and our delivery executive, employee, agent, or personnel of the logistics partner must be resolved independently. You agree not to hold us responsible or seek our involvement in settling, mediating, or resolving disputes between you and the delivery personnel handling product deliveries to you.
19) DELIVERY AND INSTALLATION
Based on the product type, delivery and installation are categorized into three distinct categories:
- No Assistance or DIY (Do It Yourself): In this category, customers can install or assemble the product using basic tools and the provided assembly instructions. No expert assistance is required.
- Pre-Assembled: Products falling into this category are ready to use upon delivery.
- Expert Assistance: For products requiring expert assistance, such as a technician or carpenter for assembly or installation, we provide the necessary expert support. After the product is delivered, we will arrange for an expert assistant to be present within 72 hours of the product's delivery.
Our delivery service includes the placement of items to your place, this is contingent upon the availability of a suitable elevator or lift for deliveries to higher floors. To facilitate deliveries to rooms above the ground floor, your property must have a functional elevator or lift capable of safely transporting the items. Please ensure that your property has sufficient access space to allow our team to deliver and assemble the items with ease. We've included some helpful tips below to assist you with this.
Furthermore, for your protection and confirmation, it is required that you or an appointed representative is present at the time of delivery to inspect and sign for the items. Our delivery team is unable to leave items in a porch or any other area without a signature.
These conditions are in place to ensure the secure and proper delivery and installation of your purchased items.
20) REVERSE ENGINEERING & SECURITY
You agree to refrain from engaging in any of the following actions:
- a) Reverse Engineering: You shall not attempt to reverse engineer, disassemble, or engage in any activities that attempt to reverse engineer or disassemble any code or software originating from or associated with the Website or Services.
- b) Security Violation: You are prohibited from violating the security of the Website or Services through unauthorized access, circumventing encryption or any other security mechanisms, data mining, or causing interference to any host, user, or network.
21) DATA LOSS
The Owner disclaims any responsibility for the security of your account or content. You acknowledge and agree that your use of the Website or Services is undertaken entirely at your own risk.
22) INDEMNIFICATION
You agree to undertake the responsibility of defending and indemnifying the Owner and any affiliated entities (if applicable), and to hold us exempt from any and all legal claims and demands, including reasonable attorney's fees, which may arise as a result of or be related to your use or misuse of the Website or Services, your violation of these Terms of Service, or your conduct and actions. Furthermore, you agree to permit the Owner to select its own legal counsel and participate in its own defence if it so desires.
23) SPAM POLICY
You are expressly prohibited from utilizing the Website or any of the Owner's Services for illegal spam activities, which encompass activities such as the collection of email addresses and personal information from others or the transmission of mass commercial emails.
24) THIRD-PARTY LINKS & CONTENT
The Owner may, on occasion, post links to third-party websites or other services. You acknowledge and agree that the Owner is not accountable or liable for any losses or damages incurred as a consequence of your use of any third-party services linked to or from our Website.
25) MODIFICATION & VARIATION
The Owner reserves the right to, at times and without prior notice to you, modify these Terms of Service. You consent to the Owner's authority to modify these Terms of Service or revise any content contained herein. Moreover, you acknowledge that all modifications to these Terms of Service are effective immediately upon posting on the Website, and these modifications or variations will supersede any previous versions of these Terms of Service unless such prior versions are explicitly mentioned or integrated into the latest modification or variation of these Terms of Service.
- a) In the event that any part or sub-part of these Terms of Service is deemed ineffective or invalid by a court of law, you agree that the previous effective version of these Terms of Service shall be deemed enforceable and valid to the fullest extent.
- b) You agree to regularly monitor these Terms of Service and refer to the Effective Date displayed at the top of these Terms of Service to take note of any modifications or variations. You also agree to clear your cache when doing so to avoid accessing a previous version of these Terms of Service. Your continued use of the Website after any changes to these Terms of Service is an indication of your ongoing agreement with these Terms of Service.
- c) In the event that you fail to monitor any modifications or variations to these Terms of Service, you accept that such neglect will be considered an affirmative waiver of your right to review the revised Agreement.
26) SERVICE INTERRUPTIONS
The Owner may, at times, need to temporarily interrupt your access to the Website for maintenance or emergency services, whether on a planned or unforeseen basis. During such instances, you acknowledge that your ability to access the Website may be affected by unexpected or unscheduled downtime for various reasons. However, it is important to note that the Owner shall not be held liable for any damages or losses resulting from such downtime.
27) TERM, TERMINATION & SUSPENSION
The Owner retains the right to terminate these Terms of Service with you at any time, for any reason, with or without cause. Specifically, the Owner reserves the right to terminate these Terms of Service if you breach any of the terms outlined herein. This includes, but is not limited to, violations of the Owner's or a third party's intellectual property rights, failure to comply with applicable laws or legal obligations, and the publication or distribution of illegal content.
If you have registered for an account with us, you may also terminate these Terms of Service at your discretion by contacting us and requesting termination. Please be aware that any outstanding fees will remain due even after the termination of your account. Upon termination of these Terms of Service, any provisions that, by their nature, are expected to survive termination shall continue to be in full force and effect.
28) NO WARRANTIES
You acknowledge and agree to the following terms and conditions:
- No Warranties:
Your use of the Website and Services is solely at your own risk. Any Services provided by Us are offered on an "As Is" basis. The Owner expressly disclaims all express or implied warranties, including fitness for a particular purpose and merchantability. The Owner makes no guarantees that the Website or Services will meet your requirements, be uninterrupted, error-free, or secure. The Owner also does not warrant the reliability or accuracy of any information on the Website or obtained through the Services. You accept sole responsibility for any damage, including to your computer system or loss of data, resulting from your use of the Website or Services.
- Product & Service Information:
All information, software, products, services, and related graphics provided on this site are provided on an "as is" and "as available" basis without any warranty, whether expressed or implied. The Website disclaims all warranties, including merchantability, fitness for a particular purpose, title, non-infringement, or arising from a course of dealing, usage, or trade practice. The Website does not guarantee uninterrupted, timely, secure, or error-free use of the Website. Your use of any information or materials on this site, or otherwise obtained through the use of this Website, is entirely at your own risk, and it is your responsibility to ensure that any products, services, or information available through this website meet your specific requirements.
- Errors and Corrections:
There may be instances of incorrect information published inadvertently on our Website or in the Service, such as typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions at our discretion, and we may change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice, including after you have submitted your order.
- Third-Party Interactions:
The Website shall not be responsible for any interaction between you and other users of the Website. Under no circumstances will the Website be liable for any goods, services, resources, or content available through such third-party dealings or communications, or for any harm related thereto. The Website is under no obligation to become involved in any disputes between you and other users of the Website or between you and any other third parties. You agree to release the Website from any and all claims, demands, and damages arising out of or in connection with such disputes.
- Security and Unauthorized Access:
You understand that the Website has made reasonable efforts to safeguard the Website, but it cannot ensure or make any representations that the Website or any of the information provided by you cannot be hacked by any unauthorized third parties. You agree that the Website shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received, or not sent or received, or any transactions entered into through the Website. You hereby agree that the Website shall not be held liable or responsible in any manner for such hacking, any loss or damages suffered due to unauthorized access to the Website by third parties, or any spam messages or information received from any unauthorized third party.
- Content Responsibility:
The Website is not responsible or liable for any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. The Website is not responsible for any content sent using and/or included on the Website by any third party.
- Limitation of Liability:
In no event shall the Website be liable for any direct, indirect, punitive, incidental, special, or consequential damages or any damages whatsoever, including loss of use, data, or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision or failure to provide Services, or deliver the products, or for any information, software, products, services, and related graphics obtained through the site, or any interaction between you and other participants of the Website, or otherwise arising out of the use of the Website, damages resulting from use of or reliance on the information present, whether based on contract, tort, negligence, strict liability or otherwise, regardless of whether the Website or any of its affiliates or suppliers have been advised of the possibility of damages.
If, despite the limitation above, We are found liable for any loss or damage arising out of or in any way connected with the use of the Website and/or provision of Services, then the liability will, in no event, exceed 50% (Fifty percent) of the amount you paid to Us in connection with such transaction(s) on this Website.
- Indemnification:
You accept all responsibility for and hereby agree to indemnify and hold Us harmless from any actions taken by you or by any person authorized to use your account, including disclosure of passwords to third parties. By using the Website, you agree to defend, indemnify, and hold harmless the indemnified parties from any and all liability regarding your use of the site or participation in any site's activities. If you are dissatisfied with the Website, the Services, or any portion thereof, or do not agree with these terms, your only recourse and exclusive remedy shall be to stop using the site.
29) GENERAL PROVISIONS:
- a) Language: All communications made or notices given pursuant to these Terms of Service shall be in the English language.
- b) Jurisdiction, Venue & Governing law: Through Your use of the Website or Services, You agree that the laws of India shall govern any matter or dispute relating to or arising out of these Terms of Service, as well as any dispute of any kind that may arise between You and the Owner, with the exception of its conflict of law provisions. In case any litigation specifically permitted under these Terms of Service is initiated, the Parties agree to submit to the exclusive jurisdiction of the courts at Pathankot, Punjab, India. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non-conveniens or similar doctrine.
- c) Severability: If any part or sub-part of these Terms of Service is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of these Terms of Service shall continue in full force.
- d) No Waiver: In the event that we fail to enforce any provision of these Terms of Service, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of these Terms of Service will not constitute a waiver of any other part or sub-part.
- e) Headings for convenience only: Headings of parts and sub-parts under these Terms of Service are for convenience and organization, only. Headings shall not affect the meaning of any provisions of these Terms of Service.
- f) No agency, partnership or joint venture: No agency, partnership, or joint venture has been created between the Parties as a result of these Terms of Service. No Party has any authority to bind the other to third parties.
- g) Electronic communications permitted: Electronic communications are permitted to both Parties under these Terms of Service, including e-mail or fax. For any questions or concerns, please email Us at the following address: customercare@neehvhome.com.