These policies are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, and are an ‘electronic record’ as contemplated under section 2(t) of the Information Technology Act, 2000 and the Rules thereunder. These Terms being an electronic record are generated by a computer system and do not require any physical or digital signatures.
ACCESS TO THE WEBSITE
The Website is owned by M/s Nutty Nuts having registered office at S3M21, Chhend, Rourkela. Use of the website by the user (“You”/ “User”) is subject to the terms and conditions contained herein.
Accessing, browsing or otherwise using the Website will be construed as Your unequivocal and irrevocable acceptance and acknowledgement to the terms and conditions contained under Terms of Use and binding policies hereof. By using the Website, You declare to have carefully read, understood and agree to be bound by these Terms of Use. Nutty Nuts may at its sole discretion allow or disallow access to Website and reserves the right to change any of the terms and conditions contained herein at any point in time. It is Your responsibility to periodically review these Terms of Use any update and changes and Your continued use of the Website will be considered as Your acceptance to such updates and changes.
ELIGIBILITY
You should have completed 18 years of age and be competent to enter into a contract under Indian Contract Act. If You are under 18 years of age who is intending to avail the services of the Website should do so through Your legal guardian in accordance with Applicable law.
If You are using the Website on behalf of any corporation, company, institution, association or other entity, the person should be authorized by such corporation, company, institution, association or other entity to use and access the Website.
Nutty Nuts reserves the right to refuse access to use the services offered at the Website to new users or to terminate access granted to existing users at any time without according any reasons for doing so.
COMPLIANCE REQUIREMENTS
Every User of the Website shall comply with all the Applicable laws, including but not limited to the Foreign Exchange Management Act, 1999, notifications issued there under the Exchange Control Manual issued by the Reserve Bank of India, Customs Act, 1962, Information Technology Act, 2000, Prevention of Money Laundering Act, 2002, Foreign Contribution Regulation Act, 1976, Income Tax Act, 1961, Export Import Policy of the Government of India and shall include any amendments, notifications and Rules thereof under the aforesaid enactments Applicable for using the Website or buying/ selling any product or service through the Website.
USER ACCOUNT
You may be required to register and set up an account (“Account”) for using the Website by entering an email address and password or by using any permitted social media the Website account to sign in (“Account Information“). Nutty Nuts as its sole discretion may ask for the verification of Your Account Information provided by You and hence, it is advisable to provide a valid information e.g. like email address or mobile number etc. while creating an Account. The Website will set-up an account and email the details of the Account at the email address provided. You can also create and update an Account through Customer Support.
You can create one Account only and it is not permitted to transfer or interchange such Account to any other person. The list of information required to be provided by You, the manner of usage, protection and confidentiality of Your information and Account information are more specifically dealt under the Website’s Privacy Policy and You are requested to read the Privacy Policy in detail before sharing Your information or creating an Account.
PAYMENT POLICY
Payment is an integral part of an online shopping experience. All payments shall be collected through secured payment options.
We accept all prepaid payment options such as all the major Credit Cards, Debit Cards, Net-Banking etc. Nutty Nuts may also offer industry-leading solution for Cash on Delivery.
All payments for purchases made by You on the Website shall only be in Indian Rupees. In case of a prepaid transaction, after payment for the order has been successfully received by Nutty Nuts, You will be sent a notification by email or SMS at the email address or mobile number provided to Nutty Nuts confirming receipt of payment. There may be limits to the amount of Cash on Delivery payments based on pin codes or the State in India where delivery is to be made. Nutty Nuts reserves the right to withdraw or block or limit Your purchases using Cash on Delivery basis transaction history.
Credit and Debit Card
Nutty Nuts accepts all Visa, Master Card, Maestro, American Express and Diners cards. You will be redirected to Your issuing bank’s site, where You will have to follow the instruction to complete the payment.
Net Banking
You can make payment for an order by using Your Net Banking account. The Website accepts payments for Your orders to sellers through various banks. You will be redirected to Your bank’s site where You will be able to make payment after entering in Your login id and password that is known only to You.
EMI Payments
EMI is one of the payment methods which may be available on Nutty Nuts for Your convenience which allows You to pay for Your orders easily. The equated monthly instalments payment method is only available for customers using certain credit cards as per the relevant terms and conditions being in force. Applicable charges/fees/costs, if any, levied by the Bank for facilitating EMI, shall be directly and solely borne by the Customer. Nutty Nuts does not charge any processing or convenience fee for the said purpose. Any dispute in this regard shall be directly dealt by the Customer with the Bank and Nutty Nuts shall not be held liable in any case, whatsoever.
Cash on Delivery
Cash on Delivery is one of the payment methods for making purchases on Nutty Nuts where You don’t have to make any advance payment.
Cash on Delivery is available as a payment method for all eligible products on Nutty Nuts. Eligible products will be indicated by the message [‘Eligible for Cash on Delivery’] on the [‘product order page’] for delivery in certain pin codes.
Issues with Payments – Pending Payments:
Payments can sometimes fail or remain in the pending stage. Some of the reasons could be:
1. Incorrect debit or credit card details are entered.
2. Card may be blocked or card details are no longer valid or need to be updated.
3. The page is accidentally closed or refreshed or backspace is pressed while the transaction is being processed by Your bank.
4. The connection between Nutty Nuts and Your bank or issuer failed due to some technical reasons and the transaction could not be completed.
5. Card or bank or issuer is not recognised by Nutty Nuts.
6. Incorrect login or password details are entered.
7. Payment amount exceeds the limit mutually agreed to between You and Your bank or issuer.
If You face any of the above payment issues, try placing the order again in a short while or contact Your bank or issuer for technical assistance. Nutty Nuts is not liable for any loss or inconvenience caused to You when making payment or for any wrongful debits to Your cards or net banking accounts.
Issuing Bank Terms and Conditions
Users understand and acknowledge that all payments made by the Users using valid credit card/ Debit card/ Cash Card/ and other payment instruments or mechanism including net banking facility will be processed using a payment gateway or Appropriate payment system infrastructure and the same is governed by a separate set of terms and conditions agreed between the User and the respective Issuing Bank and payment instrument issuing company.
Requirements of Permanent Account Number (PAN)
For all the purchase of an amount equal to or exceeding INR 2,00,000 (INR two lakhs only), You will be required to upload a copy of Your PAN card, within such time as may be prescribed from the date of purchase, failing which, the purchase made by You will be automatically cancelled. The order shall also stand cancelled if there is a discrepancy between Your name in Account with Nutty Nuts the name printed on the PAN card.
The requirement to provide a copy of PAN card is one time activity and You don’t need to submit it again.
DELIVERY POLICY
Shipping Address
Your shipping address and pin code will be verified with the database of Nutty Nuts before You proceed to pay for Your purchase. In the event Your order is not serviceable by our logistics service providers or the area is not covered, we will request You to provide us with an alternate shipping address. You can make purchases on the Website from anywhere in the world but at the same time You must ensure the payment and shipping address is within India.
When You submit an alternative address for delivery, You are responsible for accepting and collecting the package from such alternative address. Confirmation from the logistics service provider of successful delivery to the alternative shipping address is deemed as acceptance of delivery by You and Nutty Nuts will have no liability in this regard.
Delivery to Partner Store (subject to the availability of function and the facilities by seller)
Instead of delivering the order to Your shipping address, You can choose to have Your product delivered to a partner store so You can pick-up the package from the partner store at Your convenience. On Your collecting the package You will receive a notification by email or SMS at the email address or mobile number provided to Nutty Nuts confirming delivery of the product. Click here to get a list of our partner stores. If You do not collect the product from the partner store within allowed time, the product will be returned to the seller and Your order will be cancelled. No refund due to non-deliverability will be Applicable to orders placed with Cash on Delivery options.
Delivery by Nutty Nuts or Seller
The delivery of the ordered products from the seller to You will be made by logistics service providers assigned by Nutty Nuts or Sellers. However, large and bulky products such as televisions, refrigerators, air-conditioners, etc. may be delivered to You directly by the seller. Deliveries cannot be rescheduled after the order has been placed.
The logistics service provider assigned by Nutty Nuts will make a maximum of three [3] attempts to deliver Your order. In case You are not reachable, available or do not accept delivery of products in these attempts Nutty Nuts reserves the right to cancel the order at its discretion. You may be informed of such cancellation by email or SMS at the email address or mobile number provided to Nutty Nuts. The cancelled order is returned to seller. You agree not to hold Nutty Nuts liable for any cancellation.
If You wish to request the Website to resend the product, You can do so by placing a new order for the product on the terms set out on the [‘product order page’] when You place the new order. Your order will be accepted subject to availability of the product.
In case there is any dispute regarding the shipment of the product or serviceability for the area not covered by the logistics service providers, Nutty Nuts will not be responsible for the non-delivery of the product.
Title and risk of loss for all products ordered by You shall pass on to You upon delivery of the products at the shipping address provided by You.
Multiple Product Orders
In case You order multiple products in one transaction, Nutty Nuts would endeavour to ship all products together. However, this may not always be possible due to some product characteristics or logistics issues or the location of seller and You may receive the products separately and at different times. If You purchase multiple products in a single transaction, then all the products would be dispatched to a single shipping address given by You. If You wish to ship products to different addresses, then You should book the orders separately based on the shipping addresses.
Missing Items
In the event, the product package received by You is missing one or more products or accessories or does not include the freebie or the order is partly delivered, You should inform Nutty Nuts through the Customer Care Team within 5 days of delivery date of the package. Missing products claims will not be accepted after 5 days from delivery date.
When a package delivered is missing one or more products or accessories, You are requested to return the original package delivered to the seller in accordance with the Return Policy.
In the event of dispute, Nutty Nuts will coordinate with You and the seller to reach an amicable solution. Nutty Nuts is only a facilitating link between You and the seller and will not be liable in any manner.
Refusal of Delivery
Before accepting delivery of any product, kindly ensure that the product’s packaging is not damaged or tampered. If You observe that the package is damaged or tampered, You are requested to refuse to accept delivery and inform Nutty Nuts within 5 days of delivery date.
You are requested to fill the delivery sheet / acknowledgement used by the logistics service providers and note down the condition of the delivered package. Damaged or tampered products claims will not be accepted beyond the returns policy
In the event of dispute, Nutty Nuts will coordinate with You and the seller to reach an amicable solution. Nutty Nuts is only a facilitating link between You and the seller and will not be liable in any manner.
Delivery Time
An estimated delivery time of each product will be displayed on the [‘product order page’]. On placing Your order, You will receive an email or SMS at the email address or mobile number provided to Nutty Nuts containing a summary of the order and also the estimated delivery time to Your location. The seller may take additional time to pack and dispatch certain products and this time will be indicated by the message on the [‘product order page’]. This period of time is to be added to the shipping speed You choose.
Delivery timeframes are just estimates and are not guaranteed delivery timeframes and should not be relied upon as such. Deliveries to certain locations may take longer than expected due to accessibility of the location and serviceability by the logistics service provider.
About Delayed Delivery
Sometimes, delivery may take longer due to:
1. Bad weather.
2. Transportation delays.
3. Natural calamities.
4. Political disruptions.
5. Logistics service provider related challenges.
6. Product lost in transit.
7. Regional or national holidays which are considered as delivery holidays.
8. Other unforeseen circumstances or events beyond the control of Nutty Nuts or logistics service provider.
If the estimated delivery date has passed and You still have not received Your order, please contact us and we will take steps to track Your package. In such cases, we may also try to proactively contact You. Please check Your emails and SMS regularly for such updates.
Nutty Nuts will not compensate for any mental agony or inconvenience or loss caused due to delay in delivery for any reason. You may be informed by email or SMS at the email address or mobile number provided to Nutty Nuts if any product in the order is unavailable or is delayed or lost in transit.
Shipping Charges
You may be required to pay Shipping Charges in addition to the order value amount. The shipping charges, if any, will bear at the time of checkout. All delivery charges are inclusive of service tax unless stated otherwise. Shipping Charges may vary for different pin code because of the increase in shipping cost or seller’s is located in a different area. Delivery charges will vary according to pin codes as well as type of product.
Open delivery
Nutty Nuts reserves the right to provide Open delivery or not. Open delivery service which is provided by Nutty Nuts with some Specifics logistics service providers. Open delivery depends upon our logistics service provider’s service dependencies. You can’t open parcel if logistics service provider doesn’t allow and in such event, You have a right to accept the parcel after paying the amount and thereafter You can use our hassle-free return policy.
Please refer to the Return and Refund Policies, if You wish to return the delivered product to Nutty Nuts.
RETURN POLICY
Non-returnable Products
An order once shipped cannot be cancelled/returned. Some of the products that cannot be returned are:
- Grocery Products.
- Spices
- Nuts
- Seeds
Frivolous Complaints
In the event of frivolous or baseless complaints or requests regarding the quality or content of the products, Nutty Nuts reserves the right to take necessary legal actions against You and You will be solely liable for all costs incurred by Nutty Nuts in this regard.
ORDER CANCELLATION POLICY
Cancellation of an order can be done either by Nutty Nuts or by You as under:
Cancellation by Nutty Nuts
Nutty Nuts has the discretion to cancel an order. Some of the reasons for cancellation are as under (not being exhaustive list of reasons):
I. Your failure to comply with any of these terms.
II. Product is unavailable with the seller.
III. Technical errors or issues.
IV. Any reason identified by Nutty Nuts’s credit and fraud avoidance team.
V. Invalid address or wrong address is given in order details.
VI. Malpractices used to place the order.
VII. Bulk order is placed for the likely commercial resale.
VIII. Order is undelivered after three (3) attempts.
IX. EMI offer is rejected by the bank.
X. Failure to collect the order from partner store within stipulated time.
XI. Pricing or specifications on any product as is shown on the Website due to typographical error or incorrect information inadvertently provided by the seller or some technical glitch, resulting into incorrect pricing or specifications.
Notwithstanding anything contained hereunder, Nutty Nuts reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever without any further liability. On such cancellation, You will be sent a notification email or SMS at the email address or mobile number provided to Nutty Nuts. The related cancellation charges may apply.
You agree to release and indemnify Nutty Nuts, its officers and representatives from any cost, damage, liability or any of the actions in case of cancellation of Your Order by Nutty Nuts or seller.
Cancellation by You
You may cancel an order for any reason, although cancellation by You must be done before the product has been shipped for delivery to You. No cancellation is permitted subsequently.
You can cancel an order, or part of an order where multiple products have been ordered. This can be done either by calling or emailing Customer Care Team or in Your account on the Website through ‘my account’ or writing to us. You should state the reason for such cancellation. Nutty Nuts will process the request for cancellation as per the policy in force. The related cancellation charges may apply.
If an order has been successfully cancelled, You will be sent a confirmation email or SMS at the email address or mobile number provided to Nutty Nuts.
Nutty Nuts reserves the right to accept or reject requests for order cancellations for any reason whatsoever. You agree not to hold Nutty Nuts liable for any rejection of order cancellations.
You will receive a refund for Your cancelled orders that have been paid and accepted in accordance with the Refund Policy.
REFUND POLICY
Refunds
Refunds are provided for cancellation / return of products, subject to the eligible cancellation/ return as per Return Policy or these terms and conditions, initiated in accordance with the Return or Cancellation Policy.
Refund is made for the full amount of the order or part order successfully cancelled that was paid by You for the delivery of the order after deducting the cancellation charges as applicable
If You are in receipt of any wrongful refunded or payment, You will transfer such amount back to Nutty Nuts within 3 days of You receiving such amount.
No refund due to non-deliverability will be Applicable to orders placed with Cash on Delivery options.
Time Period for Refunds
Refunds are normally processed within 1-6 working day and further depends on various banking and payment channels.
Interest charged by the bank providing the EMI Scheme till the time the request for return or cancellation is raised will not be refunded.
Nutty Nuts is not responsible for any errors or delays in refund due to banks or third party service provider errors or delays.
Mode of Refund
The mode of refund of payments cannot be changed at any stage as the refund amount is transferred to Your source account. Refunds are paid back to the source of payment.
Refund for payments made by modes other than Cash on Delivery, which fail when processed back to source may be refunded by National Electronic Funds Transfer (“NEFT”) to Your bank account.
Refund of orders placed using Cash on Delivery as the payment method will be made by cheque or demand draft or to Your bank account via NEFT or to Your wallet account depending on the discretion of Nutty Nuts.
You will need to update the bank account number and IFSC code to enable us to process a refund to Your account. Refunds cannot be processed to third-party accounts, i.e. the name on Your Nutty Nuts account should match with the name of the bank account holder provided for refund via NEFT. A refund initiation confirmation by email or SMS at the email address or mobile number provided to Nutty Nuts will be sent to You.
All refunds by cheque will be in form of “at par” cheques or via online transfer; basis sole discretion of Nutty Nuts.
Terminated Payment Mode
If the original payment method You used to make the payment (credit or debit card or net banking) is no longer valid, we will issue the refund through a cheque. When we receive a payment failure notice from Your bank, we will send You an email asking You to call us. When You call us, we will collect Your address where You want the cheque to be sent, and proceed with the refund. Please refer to our Payment Policy for further details.
You explicitly give Your consent to receiving communications (by SMS, email or other mode of communication) sent to You by Nutty Nuts, however, You may withdraw Your consent any time at Your sole discretion.
OFFER FOR SALE
Listing of Products
Nutty Nuts through the Website makes available a variety of branded products and merchandise of the sellers for sale to buyers. Sellers who have agreed to sell their products on the Website list their products on the Website. Purchase and sale of such products will be subject to these Terms.
All product and price information, deals and offers related to the products are provided by the seller to Nutty Nuts for inclusion on the Website and the sellers are solely responsible for the accuracy of the information, validity of the prices, charges, deals, offers and other information relating to the products offered on the Website. Separate contracts govern the relationship between Nutty Nuts and sellers for display and sale of their products on the Website. These Terms do not govern and are not Applicable to (and do not amend or modify) the relationship and arrangement between Nutty Nuts and such sellers as set forth in such separate contracts.
Nutty Nuts does not endorse or warrant the quality, quantity, stability, use, price or other specifications of the products offered for sale by the sellers and purchased by buyers on the Website or for any defects, deficiencies, shortcomings, errors or omissions in relation to the products. Please make sure You have read the product listing information before placing an order.
Ordering
It is not compulsory for You to have an account on the Website to buy the products. You can shop by using a valid email address, mobile number and details while placing orders. You will be informed of the receipt of the order by email or SMS on the email address or the mobile number provided by You to Nutty Nuts.
You can select any product or seller of Your choice from the [‘product order page’] of the Website and add it to the shopping cart or wish list. Placing a product in the shopping cart or wish list does not reserve the price, quantity promotional offers or shipping charges shown at a particular time. To purchase any product in the shopping cart, You should provide the shipping address within India and make payment of the product price or choose payment on delivery as per the payment method for eligible products.
You can also call or email the Customer Care Team to place an order for products eligible for payment on delivery.
Once the Website receives a confirmation of Your order from the seller and confirms Your order, You will receive an email and SMS informing You of the order confirmation. The email will also provide You with details of Your order including order ID, information on the products ordered, as well as the expected delivery time.
You understand that by ordering a product using the Website, You are entering into a binding contract with the seller of the product to purchase the product using the facilities available on the Website.
You agree that the seller is the owner of the products and all the ownership rights and property of, in and upon the products listed on the Website, until transferred to the buyer of the products, shall vest in the seller of the products. The seller confirms and undertakes the seller’s ownership of the products and confirms that the seller shall at all times have marketable and legal ownership and title in respect of all products offered on the Website and shall pass on marketable and legal ownership and title of the product to You upon completion of the transaction.
The buyer and seller acknowledge that the Terms of the Website do not cover products sold by the seller and bought by the buyer from the seller other than through the Website. You should not try to contact other potential buyers to warn them about one or more sellers. If You have a concern about a seller’s behaviour, please report it to our Customer Care Team and we will endeavour to investigate.
You confirm that the products ordered by You are purchased for Your internal or personal use and not for re-sale. You authorize the seller and the Website to declare and provide declarations to any governmental authority on Your behalf stating the aforesaid purpose of the products ordered by You on the Website.
Delivery
The seller delivers the ordered products either directly or by availing the services of the Website through its logistics service providers in terms of the Delivery Policy. The Website may change the Delivery Policy without any notice. For more details, please review the Delivery Policy.
Pricing and Payment
The Website lists availability and pricing information of products on the product display pages of the Website.
All prices are inclusive of Value Added Tax and Central Sales Tax unless stated otherwise. Products in Your shopping cart will always reflect the most recent price displayed on the product display page. Placing a product in the shopping cart or wish list does not reserve the price shown at a particular time. It is possible that a product’s price may decrease or increase between the time the product is placed in the shopping cart or wish list and the time You actually purchase it. Products that are marked as ‘Out of Stock’ are not available for purchase.
The price of products offered by the seller on the Website is either equal to or lesser than the Maximum Retail Price (“MRP“) i.e., the discounted rate prescribed for those products. The MRP and other statutory declarations will be mentioned on the products or on its packaging in accordance with Applicable laws. Sellers may or may not specify this information on the Website, and You are advised to independently determine the MRP of such products if You so desire.
The Website shall, in relation to the services being provided by it in accordance with these Terms, process payments from the buyer of the products and manage the logistics in the manner it deems Appropriate, for and on behalf of the sellers of the products. The seller or Nutty Nuts will arrange logistics for delivery of large and bulky products such as televisions, refrigerators, air conditioners etc., to the buyer.
By purchasing the products using the Website and authorizing the Website to process the payment, You agree, accept and understand that the Website as part of its services, is only a facilitator providing an automated online electronic payment, receiving payment through cash on delivery, collection and remittance facility for the sale and purchase of the products.
For more details, please review the Payment Policy Applicable to the products ordered from the sellers. The Website may change the Payment Policy without any notice.
Returns and Cancellation
All products which are not delivered to You or returned by You in accordance with the Return Policy will be returned to the seller of the products.
Return and cancellation of the products may be initiated in accordance with the Website’s policies. Please review the Returns Policy and Cancellation Policy as Applicable to the products purchased by You. The Website may change the Returns Policy and Cancellation Policy without any notice.
Taxes
You are responsible for payment of all fees, costs and charges associated with the purchase of products from the sellers and You agree to bear any and all Applicable taxes, Value Added Taxes, cesses, etc. levied on the products on their sale unless otherwise stated.
No Warranty
All products or services are made available through the Website on an “AS IS” basis and “AS AVAILABLE BASIS” without any warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability or fitness for a particular purpose or the legality of the products listed or displayed or transacted to the extent permitted by Applicable law and Nutty Nuts does not accept any liability for any defects, deficiencies, short comings, errors or omissions.
Nutty Nuts does not make any representations pertaining to the information, content, products or services included on or otherwise made available to You through or on the Website. The prices, shipping costs, payment details, date, period and mode of delivery, warranties related to products and after sales services, if any related to products are subject to the terms provided by the seller to the buyer. Nutty Nuts does not have any control over such information and plays no determinative role in the finalization of the same and hence does not stand liable for the outcomes of such terms.
The buyer acknowledges that before placing an order for a product the buyer has performed a diligence and background check of the sellers of the product, their creditworthiness, genuineness of the product and is entering into the transaction being aware of these Terms.
The buyer acknowledges that the product images are indicative in nature and actual product may differ from the image. The buyer further acknowledges that services provided by the Website are being provided by Nutty Nuts as an independent contractor, and Nutty Nuts is in no manner acting as an agent, partner or joint venture partner of either the seller or of a third party.
The buyer acknowledges and understands that the buyer cannot claim any compensation from Nutty Nuts, other than refund for the amount paid by buyer while ordering, for any reason, not limited to but including: (i) if the final product or its quality, quantity or specifications does not meet buyer’s expectation; (ii) there is any special, incidental, indirect or consequential damage caused to the buyer by the product purchased; (iii) opportunities missed by buyer for availing any offers or discounts on the Website for any reason whatsoever; (iv) delivery delays due to any unforeseen circumstances by Nutty Nuts or its assigned logistics service providers; (v) deactivation or expiry of a valid voucher, coupon or promo code issued by Nutty Nuts; (vi) buyer faces any issues with logistics service provider’s personnel.
Communications
You will be required to provide a valid email address and phone number in order to avail the services provided by the Website, including and not limited to placing orders for buying the products. By registering Your email address and phone number with the Website, You consent to be contacted by the Website via email, phone calls or SMS notifications for any order or shipment, delivery, payment or offer related updates or otherwise. The Website may notify or communicate with You by e-mail, SMS, phone or by posting notices on the Website or by any other mode of communication.
Severability
Each of the provisions in these Terms are severable and distinct from the others and if at any time one or more such provision is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired thereby.
Captions
The various captions used in these Terms are for convenience purpose only and may not be used to interpret the provisions thereof. In case of captions and the related text conflicts, the text will prevail.
Partial Invalidity
If any provision of these Terms is held to be illegal, invalid, or unenforceable under any present or future Applicable law, (i) such provision will be fully severable; (ii) these Terms will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; (iii) the remaining provisions of these Terms will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.
Force majeure
Notwithstanding anything contained in these Terms or elsewhere, Nutty Nuts shall not be held responsible for any loss, damage to You if such loss, damage is attributable to a Force Majeure Event. A “Force Majeure Event” means any event that is beyond Nutty Nuts’s reasonable control and includes, without limitation, fire, flood, explosion, acts of God, civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, terrorist attacks, war, acts of government, power failure, sabotage, computer hacking, unauthorised access to computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption.
Disputes
All complaints relating to the products purchased from the Website are routed through the Customer Care Team of the Website. The seller is responsible to resolve any complaints regarding the product that may be raised by the buyer and other complaints to the satisfaction of the buyer. The Website is only the facilitating link between the buyer and the seller of the product for any complaints in relation to the products sold by the seller. All buyer complaints, product complaints and transaction failure complaints shall solely be to the seller’s account and the seller shall undertake all necessary steps as may be required as per the complaint or redressal mechanism of the Website to resolve the complaints at the seller’s own initiative and cost. The Website is not in any way responsible for ensuring resolution of the complaints and the Website shall not in any manner either directly or indirectly be liable for any claims or proceedings made by any User in relation to the products provided on or through the Website or otherwise.
COVENANTS
The Website is only a platform that can be used by users to reach a larger base to buy and sell products. Nutty Nuts is only providing a platform for communication and the contract for sale of the products shall be a strictly bipartite contract between the buyer and the seller. Except the cases where Nutty Nuts is the seller, at no time shall Nutty Nuts hold any right, title or interest over the products or have any obligations or liabilities in respect of such bipartite contract entered into between the buyer and seller.
Users of the Website may upload and display the images and information of their products offered for sale on the Website’s online platform. Such display of the User’s products or related information on the Website in no manner can be treated or construed as an endorsement or advertisement of such products by Nutty Nuts.
Provision of a specific service through the online platform of the Website will be subject to users agreeing and consenting to certain additional terms, rules, policies, procedures, guidelines, disclaimers, notices or otherwise, if any, as Applicable to such service (“Additional Terms“) and if there is any conflict between the Terms of Use and the Additional Terms, the Additional Terms shall take precedence in relation to that specific service.
You agree to use the Website and the materials provided on the Website only for purposes that are permitted by these Terms and any Applicable law. You shall not use or access the Website in a manner that prejudicially affects the interests and goodwill of the Website, Nutty Nuts or its affiliates or associates.
You agree and undertakes that the reviews, comments and other information provided or posted or uploaded on the Website are not false, incomplete, distorted, manipulated, fraudulent or misleading. By way of example, and not as a limitation, You agree and undertake that while using or accessing the Website, You will not host, display, upload, modify, transmit, update or share any information (“Objectionable Content”) that:
(i) belongs to another person and to which You do not have any right to;
(ii) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically, objectionable or disparaging;
(iii) is relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;
(iv) harms minors in any way;
(v) provides material that exploits people in a sexual or otherwise in an inAppropriate manner or unlawfully threatening or harassing or incidences covered under Indecent Representation of Women (Prohibition) Act, 1986;
(vi) infringes any patent, trademark, copyright or other proprietary rights;
(vii) violates any law for the time being in force;
(viii) deceives or misleads the addressee about the origin of such messages or communicates any information, which is grossly offensive or menacing in nature,
(ix) impersonate another person;
(x) tries to gain unauthorized access or exceeds the access or illegally or unethically;
(xi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(xii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation; and
(xiii) may create any kind of liability for Nutty Nuts or our affiliates.
Nutty Nuts disclaims all liabilities arising in relation to such Objectionable Content on the Website. Any User if exposed to such Objectionable Content as aforesaid is requested to immediately report the same to the Grievance Officer in the manner provided under these Terms of Use and the Website will endeavour to remove such content as soon as possible after investigation.
You shall not use any 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 its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or its content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
Sometimes You may not access (or attempt to access) any of the services by any means other than through the interface that is provided through the Website, unless User have been specifically allowed to do so in a separate agreement with Nutty Nuts. You should not do anything that disables, overburdens, or impair the proper functioning of the Website. Users should specifically agree that they will not engage in any activity that interferes with or disrupts the services or the servers and networks which are connected to the services provided through the Website.
You undertake not to attempt to circumvent or modify any security technology or software that is part of the Website and agree not to engage or assist any other person, to circumvent or modify any security technology or software that is part of the Website or try not obscure or obstruct any features of the Website. You undertake not to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Website or any part thereof without a specific written permission from Nutty Nuts to do so.
The Website lists multiple products for sale offered by sellers and hosts comments of numerous users and it is not possible for Nutty Nuts to be aware of the contents of each product listed for sale, or each comment or review that is displayed. You acknowledge and agree that by accessing or using the Website or availing the services, User may be exposed to content that the User may consider offensive, indecent or otherwise objectionable.
Nutty Nuts is not the seller of the products and Nutty Nuts shall in no manner be deemed to be the seller of the products on the Website. Nutty Nuts is only facilitating purchase of the products by the User from the vendors by providing use and access to the Website.
You explicitly and expressly consent to receive communications from Nutty Nuts in relation to Your use and access of the Website and its services and agree that such communications shall not be treated as an unsolicited communication.
If Website is used by You from outside India, it is entirely at Your risk. Nutty Nuts makes no representation that its contents and other features are available or otherwise suitable for use outside India. If the Website is used and accessed from or in locations outside India, You shall ensure that the usage of the Website is legal and valid under Applicable law of the User’s location. You agree to undertake all liabilities, responsibilities and consequences under Applicable law in connection with the use of the Website from or in any location outside India. You acknowledge that for accessing the Website from any location outside India, Nutty Nuts may ask You to enter into separate or additional terms as may be required from time to time.
INFRASTRUCTURE
To use the Website, You require Internet connectivity or Appropriate telecommunication links and the Website’s service does not include the provision of any computer system, resource, terminal, server, equipment, mobile or any devices. Nutty Nuts shall not have any responsibility or liability for any computer system, resource, terminal, server, equipment, mobile or any devices necessary for User to use and access the Website nor shall be liable for any costs incurred on account of Your usage of Internet or Appropriate telecommunication links usage. Nutty Nuts would not be liable for damages, viruses or other code that may affect the Your computer system, resource, terminal, server, equipment, mobile or any other devices while using the Website and Nutty Nuts does not warrant that the Website will be compatible with all hardware and software used by the User. You must comply with Applicable third party terms, if any, such as mobile device agreement or wireless data service agreement etc. while using the Website.
USE OF CONTENT
You grant Nutty Nuts and its affiliates and associates a non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable rights in any content that is posted by You or material submitted by You, to use, reproduce, publish, distribute and display such content throughout the world in any mode medium or manner now known or developed in future; and the right to use Your name in connection with such content.
You agree that the rights granted as above are irrevocable during the entire period of protection of the User’s intellectual property rights associated with such content and material. The User agrees to waive the User’s right to be identified as the author of such content and materials and the User’s right to object to derogatory treatment of such content or material. The User agrees to perform all further acts and execute deeds and documents necessary to perfect the above rights granted by the User to Nutty Nuts.
The User represents and warrants that the User owns or otherwise controls all of the rights to the content and material that the User posts or that the User otherwise provides on or through the Website; that, as at the date that the content or material is submitted to the Website: (i) the content and material is accurate; (ii) use of the content and material does not breach any Applicable Indian law or the Website’s policies or guidelines or Additional Terms (iii) the content and material do not breach these Terms and Privacy Policy.
THIRD PARTY WEBSITES
The Website may contain links to other websites and the Website are not in any way responsible for the terms of use or content of such websites and expressly disclaims all liability associated with the content and use of these websites. The linked websites are not under the control of Nutty Nuts and You are encouraged to read the terms of use and privacy policy of each and every linked website before accessing any of the third-party websites linked to the Website and You acknowledge that any risk associated thereof while accessing and using such linked third-party websites solely lies with You and Nutty Nuts shall not be responsible in any manner whatsoever.
INTELLECTUAL PROPERTY RIGHTS
All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Nutty Nuts, its affiliates, associates or its content suppliers and is protected by Indian/ International copyright, authors’ rights and database right laws. The compilation of all content on the Website is the exclusive property of Nutty Nuts, its affiliates, associates or its content suppliers and is protected by laws of Indian/ International copyright and database right laws. All software used on this Website is the property of Nutty Nuts, its affiliates, associates or its software suppliers and is protected by laws of India and international copyright authors rights and database laws.
Nutty Nuts grants You a limited licence to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Nutty Nuts. This licence does not include any resale or commercial use of the contents of the Website; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another seller.
The trademarks, logos and service marks displayed on the Website (“s4spices.store“) are the properties of Nutty Nuts or its affiliates, associates or its content suppliers or users or respective third parties. Users are not permitted to use the Marks without the prior consent of Nutty Nuts, its affiliates, associates or its content suppliers or users or the third party that may own the Marks.
Nutty Nuts owns all intellectual property rights to and into the trademark “S4Spices,” and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
You agree not to use or apply for registration of any marks, or domain names which are similar to the marks or domain names used in connection with the Website or owned by Nutty Nuts.
You shall not use, copy, reproduce, modify, alter, change, amend, transmit, broadcast, edit, revise, review, adapt, translate, distribute, perform, display, sell or otherwise deal with content or the intellectual property rights of the Website or content suppliers or third parties in any mode medium or manner now known or developed in future without authorization from Nutty Nuts and on happening of any such event Nutty Nuts reserves the right to immediately discontinue the Website services to such User without prejudice Nutty Nuts’s right to initiate legal action in this regard. You are strictly prohibited from framing or use framing techniques to enclose any content or intellectual property on the Website to illegally and unlawfully exploit the content or intellectual property rights owned by Nutty Nuts or content suppliers or third party as the case is.
Trademark Infringement Complaints
Nutty Nuts fully respects Intellectual Property (IP) Rights of the IP owners. In case You feel that Your Trademark has been infringed, You may write us at salesnuttynuts@gmail.com with the subject line as “Trademark Infringement Complaint” with complete details viz. Your name and contact address, particulars of Your IP and products listed on Website allegedly infringing Your IP,
FEE
Users can use and access the Website free of charge. However, at any time in future, after duly notifying in advance, Nutty Nuts reserves its right to charge the users for the use of the Website and provisioning of the services through the Website as per Applicable Indian law.
NOTICE PROCEDURE
If You believes that any Objectionable Content is hosted on the Website or Your rights are being infringed, users shall immediately inform the Grievance Officer by following the Website’s Notice Procedure mentioned below. The Website will endeavour to remove such content as soon as possible after investigation.
No untrue or false information or allegation shall be made by You and if found misusing the notifying procedure, Nutty Nuts reserves the right to terminate Your account and reserves the right to initiate Appropriate legal action in this regard.
Upon receipt of a notice, Nutty Nuts will take Appropriate steps for removing the infringing or Objectionable Content all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defences, all of which are expressly reserved. Nutty Nuts shall also endeavour to forward a copy of the notice to the alleged infringer or defaulter. Furthermore, in submitting a notice, the User grants to Nutty Nuts the right to use, reproduce, publish, and display its content throughout the world in any mode medium or manner now known or developed in future. This includes forwarding the notice to the parties involved in the provision of the allegedly infringing content. If found defaulting You, agree to indemnify Nutty Nuts for all claims brought by a third party against Nutty Nuts arising out of or in connection with the submission of a notice.
It is repeated and reiterated that Nutty Nuts’s role and responsibility is completed on taking down the infringing or Objectionable Content as alleged in the notice and Nutty Nuts shall in no manner be liable for or in relation to the infringing or Objectionable Content. Nutty Nuts shall in no manner be involved in trying, contesting, mediating, negotiating or conciliating the dispute or differences between the person who notifies the objections and the User against whom the objections are raised.
DISCLAIMER
You, being User of the Website expressly agree that the use of the Website is at Your sole risk. The Website and the contents uploaded or provide or shared by other users are made available to the User through the Website on an “AS IS” basis and “AS AVAILABLE BASIS” without any warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability or fitness for a particular purpose or the legality of the products listed or displayed or transacted to the extent permitted by Applicable Indian law and Nutty Nuts does not accept any liability for any errors or omissions.
Nutty Nuts shall not be liable or responsible for any actions or inactions of sellers or any breach of conditions, representations or warranties by the sellers or manufacturers of the products and expressly disclaims any and all responsibility and liability in that regard. Nutty Nuts shall not mediate or resolve any dispute or disagreement between the User and the sellers or manufacturers of the products.
Nutty Nuts through the Website only provides a platform that users utilize to communicate and transact with one another and Nutty Nuts does not endorse any products displayed on the Website or views expressed or information uploaded by any User. In no event Nutty Nuts shall be liable for any information, content, materials, products or services available through the Website.
The right, title, interest and ownership in the products that are transacted by the users through the Website does not vest with Nutty Nuts and Nutty Nuts holds no right, title or ownership over such products. The offer and acceptance of products through the Website is at the User’s sole risk and Nutty Nuts accepts no liability for any errors or omissions or defaults or deficiency of any products either offered or acceptance by the users through the Website.
Nutty Nuts hereby disclaims any guarantees of exactness as to the finish and Appearance of the product as ordered by and delivered to the User. The quality or quantity of any products, information or other material purchased or obtained by You through the Website that may not meet Your expectations.
The Website could also be linked to third party websites and Nutty Nuts assumes no responsibility for results obtained from the use of these websites.
Nutty Nuts makes no assurances that the Website is bug free and User friendly or the safety of the use of the Website. Nutty Nuts including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall not be liable in any manner with respect to the loss or damage incurred or suffered by You on account of virus attacks or bugs or other software or programmes that may be present or embedded while using or accessing the Website.
Nutty Nuts does not guarantee that the services provided through the Website will function without interruption or errors. The operation of the services may be interrupted due to maintenance, updates, or system failures, virus attacks, bugs or due to any other technical reasons or otherwise. Website disclaims all liability for losses or damages caused by any such interruption or errors in functioning. Nutty Nuts also disclaims all liability for any malfunctioning impossibility of access or poor use conditions of the Website due to inappropriate equipment, disturbances related to internet services, down time or otherwise.
To the maximum extent permitted by Applicable law, Nutty Nuts will have no liability related to User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Nutty Nuts also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content.
When the User deletes any kind of information the User must understand that the removed content may continue in backup copies.
Nutty Nuts will not be liable for any loss that You may incur as a consequence of unauthorized use of the Account or any service or materials, either with or without Your knowledge. Nutty Nuts shall not be liable for any third-party product, the advertisement available on e-mail or Website with respect to the third-party website or the products and services are for Information purpose only.
LIMITATION OF LIABILITY
In no event Nutty Nuts including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall be liable for any loss or damage whatsoever including without limitation direct, indirect, punitive, incidental and consequential damages, lost profits, or damages resulting from the use or inability to use the Website whether based on warranty, contract, tort (including negligence) or in any other means or action.
You acknowledge that Nutty Nuts is only an Intermediary as per definition under the Information Technology Act, 2000 and rules framed thereunder, between You and the seller and Nutty Nuts will not be held liable for any act of seller or other third party service provider.
Without prejudice, it is agreed by You that Nutty Nuts including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall not be held cumulatively liable for any damages or claims more than INR 1,000/- (Rupees One Thousand) subject to Applicable law in respect of all matters and You acknowledge that this is reasonable assessment of risk and liabilities.
INDEMNITY
You agree to indemnify and hold harmless Nutty Nuts including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners from and against all actions, proceedings, claims, losses, damages and costs (including attorney fees) and other expenses suffered or incurred due to or attributable to or arising out of (i) violation of any Applicable law (ii) breach of any representations, warranties or covenants of the User (iii) breach of the policies, guidelines and conditions of Nutty Nuts’s service or Additional Terms or these Terms or Privacy Policy (including any modifications or additional notifications or instructions); (iv) infringement of any third party rights. This Clause survives the termination of these Terms.
TERMINATION
Nutty Nuts reserves the right to terminate the services provided to any User without prior notice in the event of any default committed by User including but not limited to the breach of any Applicable law, policies, guidelines and conditions of Nutty Nuts’s service or Additional Terms or these Terms or the Privacy Policy (including any modifications or additional notifications or instructions). On such termination, the User’s information and other details shall be black listed by the Website and shall be taken into consideration whenever necessary.
Nutty Nuts will terminate the services provided to any User if it is required under any Applicable law. Without prejudice, Nutty Nuts reserves its right to terminate the services if such provision of services to the users is not economically viable for Nutty Nuts. Users may choose to discontinue availing services and facilities provided through the Website by closing the User account with the Website.
On termination of the User account, the User is not eligible to purchase or sell products through the Website. Once the User’s account is terminated for any reason whatsoever, the contents, reviews, comments or other material posted on the Website by the User shall be removed by Nutty Nuts.
Post termination of the services provided to the User through the Website, the User’s personal information would reside in the Website’s database for a certain period of time. It is also clarified that certain terms and conditions of the policies, guidelines and conditions of Nutty Nuts’s service or Additional Terms or these Terms and the Privacy Policy continue to be binding on the User and if any User by default or otherwise is found using or dealing with the Website post termination of the service provided through the Website, the User shall be prosecuted by Nutty Nuts. The User shall be also liable to compensate Nutty Nuts for any unauthorized use of the Website.
MISCELLANEOUS
Location Based Services : With your location permission, our Website/website use information from Global Positioning System (GPS) networks, cellular, Wi-Fi or Bluetooth to determine you’re approximate location to provide you location based Services. We won’t follow you all the time, but can help you find the nearest Nutty Nuts partner/Brand store with Brand News, offers and/or other information based on your profile/liking when you need one.
Severability: Each of the provisions in these Terms are severable and distinct from the others and if at any time one or more such provisions is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired thereby.
Captions: Various captions used in these Terms are for convenience purpose only and may not be used to interpret the provisions thereof. In case of captions and the related text conflicts, the text will prevail.
Partial Invalidity: If any provision of these Terms is held to be illegal, invalid, or unenforceable under any present or future Applicable Indian law, (i) such provision will be fully severable; (ii) these Terms will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; (iii) the remaining provisions of these Terms will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from; and (iv) in lieu of such illegal, invalid, or unenforceable provision, there will be added by Nutty Nuts a legal, valid, and enforceable provision to the extent possible.
Notices: For purposes of service messages and notices about the services to User, the Website may place a banner notice across its pages to alert the User to certain changes such as modifications to these Terms. Alternatively, notice may consist of an email from the Website to the User. The User agrees that the Website may communicate with User through the User’s account or through other means including email or mobile. Users are required to update their settings regularly to ensure that the Website’s service messages and notices are received by the users timely and accurately.
Assignment: The User shall not assign its rights or obligations under these Terms and the Privacy Policy to a third party.
Nutty Nuts including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall have no liability for the non-receipt of the Website’s service messages and notices.
GRIEVANCE OFFICER
In case of any complaints or grievances, the user may contact the Grievance Officer as under User will be contacted within 48 working hours for redressal.
Email ID: salesnuttynuts@gmail.com
GOVERNING LAW AND JURISDICTION
The terms and conditions of this agreement shall be governed by Indian law and the courts in Rourkela shall only have exclusive jurisdiction to resolve any disputes.