Terms & Conditions

Please read the following terms and conditions carefully before using any of our services. Any use of our site is subject to your acceptance of and compliance with the following terms and conditions ("Terms").

 

By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services. These Terms and various other policies are binding as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act of 2000.

 

In these Terms, references to "you", "user" shall mean the end user accessing the Website, its contents and using the Services offered through the Website, "Service Providers" mean independent third party service providers, and "we", "us",“our”, “SP Designs”, “brandnayher” and  “NAYHER” shall mean SP DESIGNS and its affiliates.

  1. nayher.com("Website") is an Internet based content and e-commerce portal licensed by SP DESIGNS, a company incorporated under the laws of India. SP DESIGNS is an online community for crafters that provides users with a platform to sell merchandise. We understand and respect a user's anonymity and do not ever request that a user reveal their identity without their explicit permission.
  2. Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. NAYHER at its sole discretion reserves the right not to accept a user from registering on the Website without assigning any reason thereof.

 

  1. User Eligibility

 

Use of the Site is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, of unsound mind are not eligible to use the Site. If you are a minor i.e. under the age of 18 years, you cannot register as a member of the Site and shall not sell, purchase or bid for any items on the Site. As a minor if you wish to purchase or sell an item on the Site your legal guardian or parents who have registered as users of the Site may make such purchase or sale. We reserve the right to terminate your membership and refuse to provide you with access to the Site if it is brought to our notice or if it is discovered that you are under the age of 18 years.

 

 2.User Account, Password, and Security

 

You will receive a password and account designation upon completing the 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 SP DESIGNS of any unauthorised 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. SP DESIGNS cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

 

 

 3.Privacy Policy

 

The user hereby consents, expresses and agrees that she/he has read and fully understands the Privacy Policy of SP DESIGNS. The user further consents that the terms and contents of such Privacy Policy are acceptable to her/him.

 

  1. Limited User

 

The User agrees and undertakes not to reverse, engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that SP DESIGNS's name is stated as the source and prior written permission of SP DESIGNS 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.

 

  1. User Warranty and Representation

 

The user guarantees, warrants, and certifies that ownership of the content submitted or otherwise statutes authority to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by SP DESIGNS.

 

 6.Intellectual Property Rights

  1. a) Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, SP DESIGNS owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patent-able or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to SP DESIGNS without obtaining authorisation from .
  2. b) Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the user whereby you grant a non-exclusive license for the use of the same.

 

  1. Links To Third Party Sites

 

Due to social media integration, the Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of SP DESIGNS, and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SP DESIGNS is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. SP DESIGNS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

 

  1. Disclaimer Of Warranties/Limitation Of Liability

 

SP DESIGNS endeavours to ensure that all the information on the Website is correct, but SP DESIGNS neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, Product or Service. In no event shall SP DESIGNS be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages or losses resulting from: (a) the use or the inability to use the Services or Products; (b) unauthorized access to or alteration of the user's transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, loss through logistics, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall SP DESIGNS be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, SP DESIGNS shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond SP DESIGNS's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

 

 

 

9.1. In addition to any other indemnification obligation of the Seller in this Agreement, the Seller shall indemnify and hold harmless SP DESIGNS, its affiliates, successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives from and against any Claim incurred by reason of (i) any breach or alleged breach by the Seller of this Agreement; (ii) any violation by the Seller of Applicable Law or Consents or Seller not obtaining any Consent; (iii) any breach by the Seller of any Policies or any other policies; (iv) any infringement and passing off of Intellectual Property Rights of any third party; (v) Your breach of legally binding product and / or public liability; (vi) the Products or the content of the Products; or (viii) any cheating, misappropriation, fraud or illegal activity of Seller or any its employees or representatives.

9.2. You shall be under an obligation to ensure that SP DESIGNS is not made a party to any third party Claims and shall promptly and unilaterally take adequate steps to absolve SP DESIGNS from any liability of any nature whatsoever, either present or anticipated.

9.3. SP DESIGNS shall be entitled to off-set an amount which in its reasonable estimation is required to safeguard its interests or comply with statutory directions / instructions or to cover losses, damages, liabilities, penalties or Claims or towards the indemnification obligation of the Seller herein contained.

9.4. You shall notify SP DESIGNS of any Claims made against You, in relation to Your use of the Website / sale of Products to Buyers on the Website, within 2 (two) days of receipt of any notices, or knowledge of such claim by You. If at any time SP DESIGNS determines in its sole discretion that any indemnified Claim might adversely affect SP DESIGNS, SP DESIGNS may take exclusive control of the defence at its expense. You may not consent to the entry of any judgement or enter into any settlement of a Claim without SP DESIGNS prior written consent, which may not be unreasonably withheld.

 

  1. Force Majeure

Neither you nor SP DESIGNS will be deemed to have any liability whatsoever to the other or to any third party for any failure of performance here-under occasioned by an act of God, force of nature, war or warlike activity, insurrection or civil commotion, labour dispute, transportation delay, governmental regulatory action whether or not with proper authority or other cause similar or dissimilar to the foregoing and beyond its reasonable control, provided the affected party gives prompt notice to the other party.

 

  1. Pricing

Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, Products and Services may change at SP DESIGNS's discretion.

 

 12.Shipping

Shipping of ordered items will be delivered within 10-15 working days. Title and risk of loss for all products ordered by you, returned to you, or sent by you, shall pass on to you upon SP DESIGNS's shipment to the shipping carrier.

 

 13.Termination

  1. a) SP DESIGNS may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically.
  2. b) If you or SP DESIGNS terminates your use of the Website or any Service, SP DESIGNS may delete any content or other materials relating to your use of the Service and SP DESIGNS will have no liability to you or any third party for doing so.

 

  1. Governing Law

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws, principles and disputes arising in relation hereto.

 

  1. Arbitration

If any dispute arises between you and SP DESIGNS during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, and the Privacy Policy or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by the Company. The place of arbitration shall be Mumbai. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

 

  1. Severability

If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.

 

  1. Report Abuse

As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to namaste@nayher.com