Acceptance of the Terms of Use

These terms of use are entered into by and between You and N.E.R.A. Tyoohar Celebration Private Limited (“Company”, “we”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of this website, including any content, functionality, and services offered on or through this website (the “Website”).

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older and reside in INDIA. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If You are a minor and wish to use the Website, you may do so through Your legal guardian. We reserve the right to terminate Your account on knowledge of You being a minor and having registered on the Website or availing any of its Services. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

 We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of the revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

REGISTRATION

To fully avail the Services of the Website, registration is required. You are required to create a profile for Yourself by providing the following information which inter alia includes Name, Age, Username, Password, Email ID, Mobile Number, Address etc. Users who register with us can purchase the listed Products and avail the Services of the Website. The Website offers the Users an option of signing up through other third-party social networking sites, including but not limited to Gmail, etc. Upon such signup, our servers gain access to information about You from Your social networking account, including but not limited to Your profile, date of birth, and name, and all such information is stored in Our system. Users who do not want to register with Us can check out as a guest and purchase the Products.

Information collected about you is subject to our Privacy Policy, which is incorporated in these Terms of Use by reference.  Further, at any time during Your use of this Website, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account.

COMMUNICATION

By using this Website and providing your contact information to us through the Website, you hereby agree and consent to receiving calls, autodialled and/or pre-recorded message calls, e-mails and SMSs from us and/or any of its affiliates or partners at any time, subject to the Policy. In the event that you wish to stop receiving any such marketing or promotional calls / email messages / text messages, you may send an e-mail to the effect to Contact@tyoohar.com. You agree and acknowledge that it may take up to seven (7) business days for us to give effect to such a request by you.

CHARGES

The use of this Website, including browsing the Website is free of cost.
You are only required to pay for the Products which you wish to purchase from the Website. All prices listed on the website are in Indian Rupees. We reserve the right to amend the fee policy and charge Users for the use of the Website and for availing its Services.

PAYMENT

After you have added products to the shopping cart, and proceed to the checkout section, you will be asked for your contact information, as well as payment related information. You will be required To send money to us to complete the purchase. To process such financial transactions, we use third-party electronic payment processors or service providers (ESPs). As required, you permanently authorize us to instruct such ESPs to handle Account deposits and withdrawals from your account. You also permanently agree that in accordance with your requests as submitted, we may give such instructions on your behalf. You agree to be certain by the terms and conditions of use of each appropriate ESP. In the event of conflict between these terms and the ESP's terms and conditions, these terms shall prevail.

To place a valid order on the Website, you are required to complete the transaction, including making payment for the Product opted for. Once the payment transaction has been successfully completed, your order will be processed on receipt of the funds from your bank or credit card. It is at this stage that your order is successfully placed. Thereafter, the Products purchased by you will be activated based on successful completion of verification of information furnished by you. You are hereby expressly made aware that your card statements will reflect that a payment has been made in favour of us. By placing an order on the site, you expressly agree to the terms and conditions and payment policy published in the appropriate section of that website, or affiliated websites where reference to such affiliated websites has been specifically made. However, subject to the development of the mode of payment, the payment gateway might change.

SECURITY

Transactions on the Website are secure and protected. Any information entered by you when transacting on the Website are encrypted to protect you against unintentional disclosure to third parties. Your credit and debit card information is not received, stored by or retained by us in any manner. This information is supplied by you directly to the relevant payment gateway which is authorized to handle the information provided and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.

SHIPPING AND DELIVERY

Shipping charges shall be added to your Order at the time of check-out. An estimated delivery time is displayed on Your profile. Delivery could take a little longer for remote locations. You will receive an email with the tracking number as soon as the products are shipped. Orders are dispatched within 3 working days. Most orders are delivered within 2 to 5 working days. Delivery of all orders will be duly done to the address mentioned by you at the time of placing the order. Products are not shipped on Sundays and public holidays.
You are requested to enter the correct billing address and contact information. Make sure to also enter the correct shipping address (Street number and name, City, State, and Zip Code) as We are not liable for packages that are sent to the wrong address when the address information is not entered correctly.

RETURNS

We value your satisfaction and want to ensure a smooth experience for you. In the event that you need to return a product, please take a moment to familiarize yourself with our Returns and Refunds Policy.

SUSPENSION OF USER ACCESS AND ACTIVITY

Notwithstanding other legal remedies that may be available to it, we may in our sole discretion limit your access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/ terminate your account, and/or refuse to provide you with access to the Website, without being required to provide you with notice or cause:

1. If you are in breach of any of these Terms or the Policy;
2. If you have provided wrong, inaccurate, incomplete or incorrect information;
3. If your actions may cause any harm, damage or loss to the other users or to the Website, at our sole discretion.

REVIEWS, FEEDBACK AND SUBMISSION

All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the Site or otherwise disclosed, submitted or offered in connection with use of the Site (collectively, the Comments) shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us, of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we shall exclusively own all such rights, titles and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise.

We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from any Comments, and publish, display and distribute any Comments submitted for any purpose whatsoever without restriction and without compensating the user in any way. We shall be under no obligation to: (i) maintain any Comments in confidence; or (ii) pay compensation for any Comments; or (iii) respond to any Comments. You agree that any Comments submitted by you on the Site will not violate the Terms of Use or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity.

You further agree that no Comments submitted by you on the Site will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails or any form of 'spam'. We do reserve the right (but assumes no obligation) to monitor, edit and/or remove any Comments submitted on the Site. You hereby grant us the right to use names that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are, and shall remain, responsible for the content of any Comments you make and you agree to indemnify us and its affiliates against all claims, loss and liabilities resulting from any Comments you submit. Further, any reliance placed on Comments available on the Site from a third party shall be at your sole risk and expense.

PRODUCT INFORMATION, PRICING AND PROMOTIONAL DISCOUNTS

While we strive to provide accurate product and pricing information, typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, We may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We will have the right to modify the price of the product and contact you for further instructions using the e-mail address or telephone number provided by you during the time of registration or cancel the order and notify you of such cancellation.

All prices are current at time of display, but these prices are subject to change without notice. We have made every effort to display as accurately as possible the colours of our products that appear on the website. Further, We have ensured that the measurements, information and description for products furnished on the site are best calculated and stated to accuracy and true to its dimensions. However, due to the inherent characteristics of certain materials, actual measurements of individual items might vary slightly.

We offer you promotional discount codes that are applicable on the purchases made on this website. These discount codes can be applicable on all or certain specified products. Please note that use of only one discount code is permissible per order. You cannot use a discount code if an order is already placed.

YOUR OBLIGATIONS

YOU:

1. agree and undertake that you are accessing the Website and transacting at your sole risk and are that you are using your best and prudent judgment before purchasing any Product listed on the Website or accessing/using any information displayed thereon.
2. agree that they are solely responsible to us and to any third party for any breach of Your obligations under the Terms of Use and for the consequences including any loss or damage which we or our affiliates may suffer for any such breach.
3. agree that we may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.
4. agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/debit card, which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card.
5. agree to use the Website and the Products provided therein only for purposes that are permitted by: (a) the Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
6. agree to show a valid proof of ID and ID number in order to collect the goods delivered by the logistics partner.

RESTRICTED USE

You are a restricted user of this website.

1. You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the website. With our prior permission limited use may be allowed. 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.
2. You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content.
3. In places where this website allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
1. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
2. Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
3. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
4. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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;
5. Post any file that infringes the copyright, patent or trademark of other legal entities;
6. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
7. Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
8. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
9. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, system resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites;
10. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section;
11. Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or other third parties;
12. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
13. Violate any applicable laws or regulations for the time being in force within or outside India;
14. Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;
15. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
16. Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting any other nation;
17. Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
18. 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;
19. Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other supplier

INDEMNITY AND LIMITATIONS

You hereby expressly agree to defend, indemnify and hold harmless the Website and us, its parent, subsidiaries, affiliates, employees, directors, officers, agents and our successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, including but not limited to any warranties, representations or undertakings, or in relation to the non-fulfilment of any of your obligations under these terms, or arising out of Your infringement of any applicable laws, rules and regulations, including but not limited to infringement of intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, or the infringement of any other rights of a third party.

In no event shall we be liable to compensate you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with your use of or access to the Website and/or the Services or materials contained therein.

INTELLECTUAL PROPERTY RIGHTS

Unless expressly agreed to in writing, nothing contained herein shall give you a right to use any of the Website's trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Website and other distinctive brand features of the Website are our property. Furthermore, with respect to the Website created by us, we shall be the exclusive owner of all the designs, graphics and the like, related to the Website.
You may not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective users of the Website, or that in any manner disparages or discredits us, to be determined in our sole discretion.

You are aware that the Services and Products are our creations and all intellectual property, including but not limited to copyrights, relating to said Products and Services resides with us, and that at no point does any such intellectual property stand transferred to you. You are further aware that any reproduction or infringement of the intellectual property by you will result in legal action being initiated against you. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

DISCLAIMER OF WARRANTIES AND LIABILITIES

1. Except as otherwise expressly stated on the Website, all Products offered on the Website are offered on an "as is" basis without any warranty whatsoever, either express or implied.
2. All commercial/contractual terms are offered by and agreed between the us alone. The commercial/contractual terms include without limitation, price, return shipping costs, payment methods, payment terms, date, period and mode of delivery, and other services related to Products.
3. We do not make any representation or Warranty as to specifics (such as quality, value, saleability, etc.) of the Products proposed to be sold or offered to be sold or purchased on the Website. We do not implicitly or explicitly support or endorse the sale or purchase of any Products on the Website.
4. You are solely responsible for the security and confidentiality of your credit/debit card details. We expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.
5. We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the pre-set limit mutually agreed by you with your acquiring bank from time to time.
6. We not guarantee that the functions and Services contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and you hereby expressly accept any and all associated risks involved with your use of the Website.
7. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

PRIVACY

We encourage you to read the Privacy Policy and to use the information it contains to make informed decisions regarding Your personal information. Please also note that certain information, statements, data and content (such as but not limited to photographs) which You provide on the Website are likely to reveal Your gender, ethnic origin, nationality, age, and/or other personal information about You. You acknowledge and agree that your submission of such information is voluntary on Your part. Further, You acknowledge, consent and agree that we may access, preserve, and disclose information You provide to Us at any stage during Your use of the Website. Disclosures of information to Third Parties are further addressed in Our Privacy Policy.

FORCE MAJEURE

We shall not be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising here from will be resolved through a two-step Alternate Dispute Resolution ("ADR") mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

1. Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed hereinbelow;
2. Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by us, and the award passed by such sole arbitrator will be valid and binding on both Parties. The provisions of the Arbitration and Conciliation Act, 1996 shall govern the Arbitration. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Bangalore, Karnataka.

The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of the State of Maharashtra, India and that the Courts at Bangalore, Karnataka shall have exclusive jurisdiction over any disputes arising between the Parties.

NOTICES

Any and all communication relating to any dispute or grievance experienced by the User may be communicated to us by reducing the same to writing and sending the same to Contact@tyoohar.com.

MISCELLANEOUS PROVISIONS

1. Entire Agreement: These Terms, read with the Policy form the complete and final contract between us with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto;
2. Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
3. Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
4. Contact Us: If you have any questions about the Website, the Products, this Agreement, the practices of our website, or your experience with the Service, you can e-mail us at Contact@tyoohar.com