Terms of Use
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
These Terms and Conditions (hereinafter referred to as “Terms”) governs the access or use by the potential user (hereinafter referred to as “You” OR “User”), of the applications, websites, contents, products and services (hereinafter referred to as “Materials”), being made available by NaMo Bharat Private Limited (hereinafter referred to as “Company”/”We”/”Us”/”Our”/”NaMo Bharat”).
Your access or use of NaMo Bharat’s Materials located at URL: https://www.namo-bharat.com (hereinafter referred to as “Site”), mobile site, mobile application (collectively referred to as “Platform”), is conditioned on your acceptance, without modification, of these Terms. If you do not agree to these Terms, you should not use the Services. You accept the Terms by using the Platform in any way. In this case, you understand and agree that NaMo Bharat will consider your use of the Services as agreement to the Terms. The Terms include the provisions in this document, as well as those in the Privacy Policy and any additional terms that you agree to.
This Platform is owned by NaMo Bharat Private Limited, a company incorporated under the Companies Act, 2013, and having registered address at [Registered Address].
USER AGREEMENT
The User can access the Platform in accordance with the terms and conditions set out below. This Agreement/Terms and Conditions are for an indefinite period. NaMo Bharat Private Limited (hereinafter referred to as “Company”/”We”/”Us”/”Our”), at its sole discretion, modify these Terms at any time, without any prior written notice to you. You shall ensure periodical review of these Terms for updates or changes. If you don’t agree with the new Terms, you are free to reject them; unfortunately that means you will no longer be able to use the Platform. If you use the Platform in any way after a change to the Terms is effective, that means you agree to all of the changes, and will be bound by the as is.
ELIGIBILITY
You represent, acknowledge and warrant that you are an individual of legal age, of at least 18 years, to form a binding contract. If you are under the age of 18 (Eighteen) years you have received your parent’s or guardian’s consent to these Terms on your behalf, to use the Platform. We reserve the right to indefinitely refuse, suspend, terminate or block your access and use of our Platform through your registered account if it is brought to our notice or if it is discovered that you are under the age of 18 years and using our Platform without requisite permissions.
CHARGES
The Platform reserves the right to charge subscription and/or membership fee(s) in respect of any part or aspect of the Services, provided over the Platform, upon prior notice and also reserves the right to modify such charge(s) / fee(s) from time to time towards existing and/or newly introduced services, as the case may be. You are responsible for obtaining access to the Service, and that access may involve third party fees (such as internet service provider or airtime charges, messages or data charges). You are responsible for the fee(s) associated with the display or delivery of ordered products. In addition, you are responsible for all equipment necessary to access the Service.
Further we enable online verification and authorization of payments through Payment Services Providers by payment gateways. All Credit Card, Debit Card, E-Wallet, and Net Banking transactions are processed over a secured encrypted connection. So you can be rest assured about the mode of payment you choose.
The following Payment modes are available on the Platform:
- Credit Cards: Domestic and International Visa, Master Card, American Express.
- Debit Cards: Debit Cards of most of the major banks.
- UPI
- Net Banking
- Wallets, Cash Cards, etc.
- Cash on Delivery (if applicable): In this mode, the payment is made at the time of the delivery of your order.
- International Customers can pay via Cards or Paypal as applicable.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated, all material(s) including but not limited to texts, audio, videos or graphical images, software, trademarks, logos, service marks, domain names, and other intellectual property rights (hereinafter referred to as “IPR”), as reflected/affixed/or contained within the Services, are the sole and exclusive property of NaMo Bharat, and as such protected under the copyright laws, trademark laws and other applicable laws. Any use by the User of IPR, without our permission, shall constitute infringement of our proprietary rights, and which shall be vigorously prosecuted and pursued to the fullest extent permitted by law. Nothing contained in these Terms, constitutes any permission/transfer/license for our IPR or any part thereof, in the name of the User. Nothing under these Terms gives you any rights, title, claim, interest or privilege on our intellectual property in your favour.
LIMITED LICENSE
Subject to the compliance with the Terms herein, NaMo Bharat hereby grants you a personal, limited, non-exclusive, non-transferrable, freely revocable license to use NaMo Bharat’s Platform for the personal and non-commercial viewing and downloading the extracts this Site only. Except for the foregoing limited license, no right, title, or interest shall be transferred to you. You should not (whether directly or using any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from the Platform. Content on the Site or the Platform and / or NaMo Bharat’s Services and/or products are being provided to you AS IS for your personal and non-commercial use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed or rented or otherwise exploited for any other purpose, without out prior consent.
PRODUCTS AND PRICING
Products: NaMo Bharat enables the sale of variety of products on its Platform including the products of NaMo Bharat with requisite permission(s) and authorization(s). Each product on the Platform is sold subject to its product description. While NaMo Bharat strives to provide accurate descriptions, pricing details and other information about the products appearing on the Platform, it is likely that certain typographical or other errors may appear on the Platform which may not always reflect the inaccurate position while you are placing the order. In such an event, NaMo Bharat may, at its discretion, contact you for instructions or cancel your order and notify you of such cancellations.
Pricing: The pricing information relating to the product shall be disclosed to you at the time of your purchase. NaMo Bharat does not guarantee that the price will be the lowest in the city, region, or geography. Prices and availability are subject to change without notice or any consequential liability to you. NaMo Bharat will have the right to modify the price of the product and contact you for further instructions via the e-mail address provided by you at the time of registration or cancel the order and notify you of such cancellation. If NaMo Bharat cancels the order after the payment has been processed, the entire amount will be remitted to your account from which the payment was made subject to banking protocols.
INDIVIDUAL REGISTRATION, ACCESS, USE OF SERVICE AND EXCHANGE OR INFORMATION
To access the Services of purchasing products from this Site, you are required to open an Account by completing the registration process (which means providing us correct, complete and accurate details as prompted in the registration form). You agree that each registration to access or use of our Services on the Platform is for a single individual user only. To access the service, you will be asked to enter your individual Username and Password. Therefore, we do not permit any of the following: –
– Any other person sharing your Username and Password.
– Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with the Site as users.
– Access through a single Username and Password being made available to multiple users on a network.
Upon registration, you shall be responsible for maintaining confidentiality of the password and the account including your personal details. You shall be responsible for ensuring that all such information/ details are always up to date on the Platform. You agree that if you provide any information that is untrue, inaccurate, not updated or incomplete or in case we have reasonable grounds to suspect that such information is untrue, inaccurate, not updated, incomplete, or not in accordance with these Terms or the account has been misused, we shall have the right to indefinitely suspend or terminate or block your access rights immediately without notice and block user access from that IP address.
You shall be entirely responsible for all activities that occur under/ through your account. By registering, you agree to these Terms in addition to any other specific terms which shall be posted at an appropriate location of the platform.
Therefore, in all such events where you allow others to have access to your account on the Platform for availing services or otherwise, you agree that they will be able to view and access your account information and you shall be solely liable and responsible for all the activities undertaken under your account and any consequences therefrom, which may occur as result of another party using your account. You also agree to immediately notify us of any unauthorized use of your account or any other breach of security and ensure that you exit from your account at the end of each session by signing off. The Company shall not be responsible for any unauthorized access or alteration of your account, transmissions of data, or any material or data sent or received or not sent or not received through the Site. You further agree that we shall not be liable for any loss or damage arising from your failure to comply with this Cause. You may be held liable for losses incurred by the Company or any other user of or visitor to the Website due to the authorized or unauthorized use of your account. Your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction. However, we will not be liable, if for any reason, the Site is unavailable at any time or for any period.
DISCLAIMER OF WARRANTIES
All the contents of the Site are only for general information or use. You understand and agree that your use of the Services is at your sole risk and that the services are provided “as is” and “as available”. In particular, NaMo Bharat, its subsidiaries and affiliates, and its licensors or suppliers do not make any representations or warranties of any kind, express or implied, including without limitation that your use of the Services will meet your requirements; or will be uninterrupted, secure, timely or free from error; or any information obtained by you will be complete, reliable, legal or accurate.
We reserve the right to disclosure of any personal information about you and your use of the Site including its contents, without your prior permission if we have a good faith belief that such action is necessary to:
conform to legal requirements or comply with legal process.
protect and defend our rights or property and those of our affiliated companies.
enforce the terms of use; or
act to protect the interest of our members or others.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our rights to comply with governmental, court and law enforcement requests or requirement relating to your use of the Site or services or information provided to or gathered by us with respect to such use.
COMMUNICATION
When You use the Services or send emails or other data, information or communication to Us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from us. We may send information and offers of products and services to you periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise.
NON-ASSIGNMENT
You shall not assign or transfer or purport to assign or transfer, either temporarily or permanently, your account details or this contract between you and us to any other person. You agree to accept that your account on the platform is non-transferable.
INDEMNIFICATION
To the fullest extent allowed by the law, you agree to defend, indemnify and hold NaMo Bharat and our affiliates harmless from and against any or all claims, liabilities, damages (actual and consequential), , losses and expenses (including attorneys’ fees), arising from or related to: (i) hacking, any third party claims or your access to or use of the Services or the Platform (including third party use from your account ); (ii) violation of these Terms, privacy policy and other terms and conditions; and (iii) violation of any law, rules and regulations or rights (including infringement of intellectual property rights) of a third party.
FORCE MEAJEURE
We shall not have any liability for any interruption or delay in access to the Platform, due to the Force Majeure Event. Our obligations in respect of the Services on the Platform will be postponed until circumstances beyond our reasonable control cease to continue. The Force Majeure events includes those events resulting from natural hazards, disasters, labour unrest, embargo, strike riots, lockouts, epidemic, pandemic, fire, flood, earthquakes, typhoons, war, acts of foreign enemies or other perils or by any circumstances beyond the reasonable control of the parties, including but not limited to acts of god, war or national emergency, government or court or statutory action, civil commotion or industrial dispute.
WAIVER AND SEVERABILITY
You acknowledge that our failure to exercise or enforce any right or provision of the terms of use or our failure to demand resolutions to which we are entitled to shall not constitute a waiver of such right or provision or omission of your responsibility to comply with your obligations outlined under these Terms including the documents referred therein. No waiver by us, of any of these Terms, would take effect unless expressly stated in writing to you. If any provision of these Terms is found, by a court of competent jurisdiction, to be invalid, then that provision will be removed to the minimum extent necessary, from the Terms. The remaining Terms will continue to be in full force and effect and enforceable.
TERMINATION
You acknowledge and accept that the Terms of Use shall continue to apply unless terminated by us. We may, at our discretion, suspend or terminate your use of the platform or any service if we have reasonable grounds to suspect or believe that you have breached, violated, abused, or unethically manipulated or exploited any Terms hereunder (including the documents referred to in there) or have otherwise acted unethically.
GRIEVANCE OFFICER
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Mr. Dwarkesh Sharma
NaMo Bharat
Office Address: F-304 New Sanganer Road, Shyam Nagar Extension, Opposite Metro Pillar Number 103, Shyam Nagar, Jaipur (Rajasthan) India 302019,
Email: support@namo-bharat.com
Time: Monday – Saturday (09:00 – 18:00)