Terms and Conditions
2.1 It is your responsibility to ensure that the details provided by you are accurate and treat such information as confidential. Based on the information provided by you to us, you may be provided with a login identification (such as a username and password, or a guest identification or any other identifier). You are solely responsible for all activities that occur under your login identification and must notify us immediately of any unauthorized use or other security breach relating to your login identification.
2.5 The operation of our Services includes periodic delivery to you of offers, coupons or other information that may be of interest to you based on your stated preferences or your location.
2.6 The user is responsible for providing and maintaining current email, mobile phone, residential address (current/ temporary and permanent), and other account information with Niiyaa. The user further warrants that information provided to Niiyaa shall be correct and is bound to inform to Niiyaa promptly, if any change occurs in the information provided earlier including but not limited to mobile phone number, residential address, etc.
2.8 Niiyaa expressly asserts that its Services are not solicited nor intend to be solicited to people under the age of 16 or under the age of consent, whichever is higher.
3.1 You should take all responsibility for your own actions in utilizing the products and Services and the Platforms in relation to the Services availed or products purchased by you, and Niiyaa shall not be liable for any such action or consequence thereof.
3.2 Niiyaa seeks to provide accurate information relating to products and Services including description of the products and its pricing, but typographical and other errors may occur. In the event of any inaccurate description or incorrect pricing due to such errors, Niiyaa will have the right to modify the price of the product or Services and contact you for further instructions on your registered email address, or cancel the order and notify you of such cancellation.
3.3 Any products and materials and all Services are for your personal use and consumption, and they shall not be resold to anyone else.
3.4 Most of Niiyaa’s products are made of natural materials, which will have natural differences and the occasional minor blemishes. The colour and finish may have slight variations from the products displayed on the Platforms depending on the batch of the products and production conditions. Further, any artwork or designs on the products are handmade and these will be subject to certain variations in colours and styles. The colours of the products displayed on the Platform may not fully match with the actual products and you acknowledge that such images on the Platform are only representative in nature with respect to the actual products. You acknowledge that such minor variations are completely normal, and in keeping with industry standards for products of such nature.
3.5 The procurement of the products from the Platform are subject to availability of the products and Niiyaa's fees and returns policy available on the Platform. In particular, Niiyaa shall not be liable in case of stock outage or unavailability of products. Niiyaa reserves the right to change the products offered for sale on the Platform at any time and without notice. Details about the availability of products are provided when you place your order. At times, errors may exist, especially in case of simultaneous orders of the same product by several customers. In case a product is not available after you have placed your order, we will inform you by email as soon as possible. You will be invited to choose another available product on the Platform as substitution for the unavailable product or to cancel your order. If you cancel your order, you will be refunded if your credit card or debit card has been charged.
3.6 We do not guarantee that the price will be the lowest for similar products within any given locality, city, region or geography. Prices and availability are subject to constant change without notice. Niiyaa reserves the right to modify the prices of products offered on the Platform at any time without prior notice. You will be charged the prices displayed on the Platform at the time your order was confirmed provided the product ordered is available. Niiyaa reserves the right to reject or to cancel your order if the products are not available, are incorrectly priced or are otherwise incorrectly described.
3.7 All the payments will require to be prepaid by the users for the purchase of any products on the Platform, and payment is due immediately upon confirmation of the orders. The Platform has various payment options, which can be utilised by the users. These are third-party payment gateways, however, to the best of our knowledge, provide industry-standard security for facilitating payments.
3.8 Unless otherwise specified, all prices of Niiyaa products on the Platform are indicated in US dollars, and excludes applicable taxes and shipping costs, which will be specified in your checkout process.
3.9 Any cancellations and refunds shall be undertaken by Niiyaa in accordance fees and returns policy available on the Platform.
5.1 We do not guarantee, represent or warrant in any manner that your use of our Services will be uninterrupted, timely, secure or error-free.
5.2 We do not warrant in any manner that the results that may be obtained from the use of the Services will be accurate or reliable or effective in nature. You understand and accept that the reliance on the Services is solely at your own judgment and risk. Our liability is limited to refund of the product charges, subject to Niiyaa's fees and returns policy.
5.3 You agree that, from time to time, we may suspend, modify, restrict or remove our Services for uncertain or indefinite periods of time or cancel the Services at any time, without notice to you.
5.4 You expressly agree that your use of, or inability to use, the Services are at your sole risk. The Services delivered to you are (except as expressly stated by us) provided on an 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of the Services, fitness for a particular purpose, durability and non-infringement.
5.5 You acknowledge that third-party links on our Platform or Services may direct you to third-party sites or pages or applications that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such sites or pages or applications, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites or pages or applications, or for any other data, information, products or services of any third-parties.
5.6 We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools 'as is' and 'as available' without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Platform is entirely at your own risk and discretion; and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
6.1 All the copyrights, trademarks and other intellectual property on the Platform are the exclusive property of Niiyaa, and will not in any circumstances be used, or copied, or altered in any manner without being specifically authorized in writing by Niiyaa
6.2 In particular, the users agree and acknowledge that Niiyaa has customized content and customized write-up with respect to the products and Services available on the Platform. Niiyaa states that these contents and the write-up are the exclusive property of Niiyaa, and Niiyaa has the copyright and all other rights with respect thereto. The users shall not copy, use or appropriate the content or the content write-up in any manner, without being specifically authorized in writing by Niiyaa.
6.4 Any rights granted to the users are not applicable to the design, layout or look and feel of the products, Services or the Platform. Such details constitute intellectual property rights of Niiyaa and shall not be copied or imitated in whole or in part.
6.5 The word “Niiyaa” is our trademark, and we have full right and license to use the trademark in the manner we deem fit. Further, Niiyaa has the right to use the names of the brands with respect to the products being sold on the Platform.
7.2 The indemnification rights of Niiyaa shall be in addition to any rights that may be available to Niiyaa under applicable law (including injunctions and specific performance reliefs), none of which shall be affected in any manner whatsoever.
7.3 In no case shall Niiyaa, our subsidiaries, affiliates, partners, officers, directors, agents, licensors, service providers, subcontractors, suppliers, interns and employees be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products or services procured using the Services, or for any other claim related in any manner to your use of the Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services or on the Platform, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability, in such states or jurisdictions, our total liability (including towards consequential or incidental damages or punitive damages or loss of profits) shall be limited to the amount paid by you towards the products or Services, or US$ 100, whichever is lower.
Niiyaa is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;
The provision of the Services to you by Niiyaa is, in Niiyaa's sole discretion, no longer commercially viable; Niiyaa has elected to discontinue, with or without reason, access to the Platform, the Services (or any part thereof); or
In the event Niiyaa faces any unexpected technical issues or problems that prevent the Platform and/ or Services from working.
10.3 Niiyaa may also terminate or suspend all or a portion of your account or access to the Services with or without reason. Termination of your account may include:
removal of access to all offerings within the Platform or with respect to the Services; disabling access to the account Information, including your personal information, login ID and password, and all related information, files and materials associated with or inside your account (or any part thereof), and any user content uploaded by you; and prohibiting further use of the Services.
10.4 You agree that all termination shall be made at Niiyaa's sole discretion and that Niiyaa shall not be liable to you or any third party for any termination of your account (and accompanying deletion of your account information), or your access to the Platform and Services.
12.1 When you use the Platform or send emails or other data, information or communication to Niiyaa, You agree and understand that you are communicating with Niiyaa through electronic records and you consent to receive communications via electronic records from Niiyaa periodically and as and when required.
12.2 Niiyaa will communicate with you by email or by notices on the Platform or electronic records on the Platform or on your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.
13.1 You agree and accept that, any creative ideas, suggestions, proposals, plans, feedback or other materials, whether online by email, postal mail or otherwise (“Feedback”), you provide to Niiyaa shall be deemed to be non-confidential and further Niiyaa reserves the right to use such information without any restriction to edit, copy, publish, distribute, translate and otherwise use in any medium any Feedback that you provide.
13.3 Further, by submitting the Feedback, you represent and warrant that:
(a) Your Feedback does not contain confidential or proprietary information of anybody including you and third parties. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or the Platform.
(b) You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and their accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
(c) Niiyaa is not under any obligation of confidentiality, express or implied, with respect to the Feedback;
(d) You are not entitled to any compensation or reimbursement of any kind from Niiyaa for the Feedback under any circumstances.
13.4 For the sake of clarity, Niiyaa may at its discretion, make any modifications or changes to the Platform, the content therein and/ or Services on the basis of such feedback, however Niiyaa shall not be obliged to do so. Further, in the event that Niiyaa makes any changes or modifications to the Platform, the content therein and/ or Services on the basis of any such Feedback, you shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Platform, the content therein and/ or Services.
13.5 You hereby waive all rights under applicable law in relation to any changes or modifications to the Platform, the content therein and/ or Services.