Terms & Conditions - Nuluv

Terms of Use

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the 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 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of http://www.nuluv.in/.

The term “Website” used in these terms of use or in any other policies and documents referred to in these Terms of Use shall mean and include http://www.nuluv.in/ , any mobile application of Nuluv and/or any interface available to a user for accessing or using the services provided by Nuluv.

introduction

NULUV INDIA PRIVATE LIMITED, a company incorporated under Companies Act, 2013 with CIN U52609DL2017PTC319061 and having its registered office at House No. 32, Chandra Lok, Pitampura New Delhi 110034, India (“Nuluv”) owns and operates the Website. Your use of the Website and its related services and tools are governed by the terms and conditions as contained in herein (“Terms of Use”).

For the purpose of these Terms of Use, wherever the context so requires “you”, “your”, “yourself” or “user” shall mean any natural or legal person who (i) accesses the Website; (ii) accesses the Website and has agreed to become a member of the Website by providing Registration Data (as defined below) while registering on the Website as registered user; and/or (iii) accesses the Website as a registered user and transacts on the Website using the services available on the Website. The term ‘we’, ‘us’, ‘our’, “Nuluv” shall mean Nuluv India Private Limited and includes its associates, affiliates and subsidiary (ies).

The use of the Website is offered to you conditioned on your “Acceptance” of all the terms, conditions and notices contained in these Terms of Use. Upon “Acceptance”, these Terms of Use shall be effective and binding upon you along with any amendments made by Nuluv at its sole discretion and posted on the Website and you shall not claim invalidity of these Terms of Use merely on the grounds that these Terms of Use are being concluded electronically. For the aforesaid purpose, “Acceptance” shall mean any act on your part which reflects your use of the Website or the services provided through the Website or any other actions that implies your acceptance. Further, when you use any of the services provided through the Website, including but not limited to customer comments, you will be subject to the rules, guidelines, policies, terms and conditions applicable to such services, and they shall be deemed to be incorporated into these Terms of Use and shall be considered as an integral part of these Terms of Use. You hereby further agree that these Terms of Use are being concluded and executed at Delhi.

amendments

Nuluv reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to keep yourself updated and to check the Terms of Use periodically for any new changes or modifications. Your continued use of the Website following the posting of changes shall mean that you accept and agree to the changes and modifications so made. As long as you comply with these Terms of Use, Nuluv grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

By accepting these Terms of Use, you also accept and agree to be bound by the terms and conditions and policies as posted on the Website from time to time including without limitation Privacy Policy, Refund & Return Policy and Intellectual Property Rights Policy.

ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT/ACCEPTANCE TO ALL THE TERMS AND CONDITIONS IN THIS TERMS OF USE, SO PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PROCEEDING.

1. membership eligibility

Use of the Website is available only to persons who can enter into a legally binding contract under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website.If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not transact or use the services offered through the Website. As a minor if you wish to use or transact on the Website, such use or transaction may be made by your legal guardian or parents who have registered as users of the Website. Nuluv reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years or are incompetent to contract as per applicable laws.

If you are accessing our Website as a guest user, you shall not be allowed to use full functionality of the Website and avail all benefits as available to the registered users.

2. your account and registration obligations

If you use the Website and provide your Registration Data, you shall be responsible for maintaining the confidentiality of your User ID and Password and you shall also be responsible for all activities that occur under your User ID and Password. You agree, inter alia, to: (i) provide true, accurate, current and complete information about yourself as prompted by the Nuluv’s registration form while registering (such information being the "Registration Data"); (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times; (iii) you must immediately notify us of any unauthorized use of your password or account or any other breach of security; and (v) ensure that you exit from your account at the end of each session. You further agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the these Terms of Use, we shall have the right to indefinitely suspend or terminate or block access of your membership with Nuluv and refuse to provide you with access to the Website. Nuluv shall not be liable for any loss or damage arising from your failure to comply with this Clause 2.

3. electronic execution and communications

When you use the Website or send emails or other data, information or communication to Nuluv, you agree and understand that you are communicating with Nuluv through electronic records and you consent to receive communications via electronic records from us periodically. We may communicate with you by email or by posting notices on the Website or by other modes of communication, electronic or otherwise. You agree that all the agreements, notices, disclosures and other communications that we provide to you electronically shall be deemed adequate service of notice/electronic record and satisfy any legal requirement that such communication be in writing.

4. charges

Membership on the Website is free. We do not charge any fee for browsing and transacting on the Website. However, we reserve the right to charge fee and change our policies from time to time. In particular, we may at our sole discretion introduce new services and modify some or all of the existing services offered on the Website including without limitation the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Any such modifications or changes to the fee and related policies shall automatically become effective immediately once displayed on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to us.

5. use of website

You further agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:

  • 5.1

    In terms of Information Technology (Intermediaries Guidelines) Rules, 2011, you agree and undertake that you shall not host, display, upload, modify, publish, transmit, update or share any information that:

    (a)

    belongs to another person and to which you do not have any right; or

    (b)

    that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating to 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 themeaning of the Indecent Representation of Women (Prohibition) Act, 1986; or

    (c)

    is misleading in any way; or

    (d)

    is patently offensive to the online/e-commerce community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; or

    (e)

    harasses or advocates harassment of another person; or

    (f)

    involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”; or

    (g)

    promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; or

    (h)

    infringes upon or violates any third party's rights, (including but not limited to, intellectual property rights, proprietary rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity]; or

    (i)

    promotes an illegal or unauthorized copy of another person's copyrighted work (see “Intellectual Property Rights Policy” for instructions on how to lodge a complaint about any infringement of your intellectual property), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; or

    (j)

    contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); or

    (k)

    provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; or

    (l)

    provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; or

    (m)

    contains video, photographs, or images of another person without his or her express written consent and permission or the permission or the consent of his her guardian in the case of minor; or

    (n)

    tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to account information, bulletins or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or

    (o)

    engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” items related to the Website.
    For the purposes of these Terms of Use, our “prior written consent” means a communication coming from our legal personnel, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization; or

    (p)

    solicits gambling or engages in any gambling activity which Nuluv, in its sole discretion, believes is or could be construed as being illegal; or

    (q)

    interferes with another user's use and enjoyment of the Website or any other individual user’s enjoyment of similar services; or

    (r)

    refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Website or any other websites, or contains content that is prohibited or violates the letter or spirit of these Terms of Use; or

    (s)

    harm minors in any way; or

    (t)

    infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items; or

    (u)

    violates any law for the time being in force; or

    (v)

    deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or

    (w)

    impersonate another person; or

    (x)

    contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal identifiable information; or

    (y)

    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 cognizable offence or prevents investigation of any offence or is insulting to any other nation; or

    (z)

    is false, inaccurate or misleading; or

    (aa)

    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; or

    (bb)

    creates liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

  • 5.2

    You shall not use any “deep-link”, “page-scrape”, “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 any content therein, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any of its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.

    5.3

    You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any of our servers, computer, network, or to any of the services offered on or through the Website, by hacking, password mining or any other illegitimate means.

    5.4

    You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website or 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 of any other user of or visitor to the Website, or any other customer/user, including any Nuluv account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.

    5.5

    You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or on our systems or networks, or any systems or networks connected to the Website.

    5.6

    You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or interfere with any other person's use of the Website.

    5.7

    You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

    5.8

    You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Nuluv or others.

    5.9

    Solely to enable us to use the information provided by you, so that our use of your information does not violate any of your rights, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use and exercise the copyright, publicity, database rights or any other rights you have in your information, in any media now known or not currently known, with respect to your information. We will only use your information in accordance with these Terms of Use and our Privacy Policy displayed over the Website at Privacy Policy.

    5.10

    You shall not engage in advertising to, or solicitation of, other users of the Website to buy or sell any products or services, including, but not limited to, products or services related to those being displayed on the Website. You may not transmit any chain letters or unsolicited commercial or junk email to other users via Website. It shall be a violation of these Terms of Use to use any information obtained from us in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside Nuluv without our prior explicit written consent.

    5.11

    You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. Nuluv reserves the right, but has no obligation, to monitor the materials posted on Nuluv website. Nuluv shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of this Terms of Use. Notwithstanding this right of Nuluv, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE NULUV WEBSITE. Please be advised that such Content posted does not necessarily reflect the views of Nuluv. In no event shall Nuluv assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on Nuluv. You hereby represent and warrant that You have all necessary rights in and to all Content You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

    5.12

    Your correspondence or dealings with, or participation in promotions of, third party advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on the Website.

    5.13

    It is possible that some users of the Website (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about you on the public forum due to your use of the Website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Website you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website, or from the Website on other social platforms.

    5.14

    We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of services).

6. contents posted on site

  • 6.1

    All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Nuluv, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

    6.2

    Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.

    6.3

    You may use information on the Website products and services purposely made available by us for downloading from the Website, provided that you:

    (a)

    do not remove any proprietary notice language in all copies of such documents; or

    (b)

    use such information only for your personal, non-commercial, informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or

    (c)

    use such information only for your personal, non-commercial, informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or

    (d)

    use such information only for your personal, non-commercial, informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or

    6.4

    You shall be responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website. Such content will become the property of Nuluv and you grant us the worldwide, perpetual and transferable rights in such contents. We shall be entitled, consistent with our Privacy Policy, to use such contents or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include contents you provide. You agree that any such content you post may be used by Nuluv, consistent with our Privacy Policy and rules of conduct as displayed on the Website as mentioned herein, and you are not entitled to any payment or other compensation for such use.

7. other businesses

We do not take any responsibility or liability for the actions, products, content and services displayed on the Website, which are linked to Affiliates and/or third party websites using Nuluv APIs or otherwise. In addition, we may provide links to the third party websites of affiliated companies and certain other businesses for which, we assume no responsibility for examining or evaluating the products and services offered by them, and we do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). We do not in any way endorse any third party website(s) or content thereof. We do not provide any guarantee with respect to any third party contents and Nuluv shall not be held liable for any loss suffered by you based on your reliance on or use of such data or services offered by such third party websites or affiliated companies or their businesses.

8. links

We welcome links to our Website. You may establish a hypertext link to the Website, provided that the link does not state or imply any sponsorship or endorsement of your site by the Website. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on the Website, including any logos or characters, without the express written consent of Nuluv and the owner of the mark or materials. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Website without our prior written consent.

9. privacy

We view protection of your privacy as a very important principle. We understand clearly that you and your personal identification information is one of our most important assets. We store and process your personal identifiable information on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and rules there under. Our current Privacy Policy is available at Privacy Policy. If you object to your information being transferred or used in the way as provided in the Privacy Policy, please do not use our Website.

Your Consent: By using the Website and/ or by providing your information, you consent to the collection and use of the information you disclose on the Website by Nuluv in accordance with our Privacy Policy as displayed on the Website. You agree and acknowledge that you have read and fully understood the Privacy Policy and the terms and contents of such Privacy Policy as mentioned on the Website, are acceptable to you.

10. mandatory declaration - computers

  • 10.1

    You hereby declare that you have provided and verified all necessary legal details for the shipment of the product to the destination specified by you in the order.

    10.2

    You further declare that the product will be acquired for personal use. The product will not be sold, resold, bartered or in any way disposed for profit.

11. disclaimer of warranties and liability

  • 11.1

    YYou acknowledge and undertake that you are accessing the Website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Website.

    11.2

    This Website, all the materials and products and services offered through the Website, included on or otherwise made available to you are on “as is” and “as available” basis without any representation or warranties, express or implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose, except otherwise specified in writing. Without prejudice to the forgoing paragraph, Nuluv does not warrant that:

    (a)

    this website will be constantly available, or available at all or the Website or the services offered on the Website will meet your requirements or your use of the Website or the services will be uninterrupted, timely, secure or error-free; or

    (b)

    the information on this Website is complete, true, accurate or non-misleading; or

    (c)

    the results that may be obtained from the use of the Website, services or materials will be effective, accurate or reliable;

    (d)

    we will be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website.

    (e)

    this Website; information, Content, materials, services included on or otherwise made available to you through the Website; our servers; or any electronic communication sent from the Website are free of viruses or other harmful components;

    11.3

    Nothing on the Website constitutes, or is meant to constitute, advice of any kind;

    11.4

    All the products sold on the Website or services offered through the Website are governed by different state laws and if we are unable to deliver any products due to implications of different state laws, we will return or will give credit for the amount received by us from the sale of such product, that could not be delivered to you; and

    11.5

    You will be required to enter a valid phone number while placing an order on the Website. By registering your phone number with us, you consent to be contacted by us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS without your consent.

12. order and payment

  • 12.1

    While availing any of the payment method/s offered on the Website, we shall not be responsible or assume any liability whatsoever, in respect of any loss or damage arising directly or indirectly to you due to:

    (a)

    lack of authorization for any transaction/s; or

    (b)

    exceeding the present limit mutually agreed by you and between your bank/s; or

    (c)

    any payment issues arising out of the transaction; or

    (d)

    decline of transaction for any other reason/s.

    12.2

    All payments made against the purchases/services on the Website by you shall be compulsorily in Indian Rupees acceptable by the Union of India. We do not accept any other form of currency with respect to the purchases made or any services availed on the Website.

    12.3

    All the prices listed on the Website are inclusive of all the taxes.

    12.4

    Once an order is successfully placed on the Website, you will receive an email confirmation with an invoice which will specifically set out the name, shipping address, items ordered, amount paid (including taxes) and billing address..

    12.5

    Nuluv endeavours to process the orders placed on the Website within 3 business days of placing the order. The user will receive a confirmation email and/or SMS notification, as soon as an order is ready to be shipped with the tracking information.

13. delivery and risk of loss

  • 13.1

    As an introductory offer, Nuluv offers free shipping on all its orders.

    13.2

    Owing to the nature of the products listed on the Website, Nuluv is bound to deliver the products via surface. Accordingly, the delivery of products may take vary from 2 to 20 business days from the date of shipping the order.

    13.3

    All the items purchased from the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

14. breach

  • 14.1

    Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:

    (a)

    if you breach the Terms of Use or Privacy Policy or Intellectual Property Rights Policy or any other rules and policies as displayed over the Website;

    (b)

    if we are unable to verify or authenticate any information you provide; or

    (c)

    if it is believed that your actions may cause legal liability for us, you, or other users. We may at any time at our sole discretion reinstate suspended users. A user that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such user is reinstated by us. Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or any other rules and policies as displayed over the Website, we reserve the right to recover any amounts due and owing by you to us or to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

    14.2

    You also agree that any breach by you of these Terms of Use or any other rules or policy as displayed over the Website will constitute an unlawful and unfair business practice, and will cause irreparable harm to Nuluv, for which monetary damages would be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies shall be in addition to any other remedies we may have at law or in equity.

    14.3

    If we initiate any legal action against you as a result of your violation of these Terms of Use or any other rules or policy as displayed over the Website, we shall be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to us.

15. indemnity

You shall indemnify and hold harmless Nuluv, its directors, shareholders, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees (collectively, “indemnified parties”), from any claim or demand, or actions including reasonable attorneys' fees asserted against or incurred by such indemnified parties, made by any third party or penalty imposed due to or arising out of your breach or non-performance of the terms of these Terms of Use, Privacy Policy and other policies as displayed over the Website, or your violation of any law, rules or regulations or the rights of a third party.

16. limitation of liability

IN NO EVENT SHALL NULUV BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, ITS SERVICES OR THESE TERMS OF USE, EVEN IF NULUV HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS INCLUDING WITHOUT LIMITATION THE PRODUCTS LISTED ON THE WEBSITE.

Without prejudice to the provisions contained hereinabove, any liabilities, costs, expenses, losses (“Claims”) incurred/suffered by you arising out of the use of the products listed on the Website shall not be to the Company’s account and the Company shall not be liable to indemnify you for any such Claims.

Further, Nuluv’s liability in any circumstance is limited to the amount received by it against a product purchased from the Website or INR 1000 (as the case may be). Nuluv, its associates, affiliates and service providers make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any Content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Nuluv assumes no liability whatsoever for any monetary or other damage suffered by you on account of:

  • (a)

    The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and

    (b)

    Any interruption or errors in the operation of the Website.

17. applicable law

These Terms of Use or the documents they incorporate by reference shall be governed by and interpreted and construed in accordance with the laws of India. Any and all disputes arising under these Terms of Use or any other document as displayed over the Website between you and Nuluv shall be subject to the exclusive jurisdiction of courts at Delhi.

18. jurisdictional issues/sale in india only

Unless otherwise specified, the materials/products on the Website are presented solely for the purpose of sale in India. We make no representation that the materials or products on the Website are appropriate or available for use in other locations/countries other than India. Those who choose to access this Website from other locations/countries other than India do so on their own initiative and we are not responsible for supply of goods/refund for the goods ordered from other locations/countries other than India, compliance with local laws, if and to the extent local laws are applicable.

19. trademark, copyright and restriction

This Website is controlled and operated by Nuluv. All material on this Website are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by Nuluv. Similarly, the trademarks, brand names, logos and other intellectual property of the manufacturers of products listed on the Website are owned and controlled by such manufacturers and licensed to Nuluv. The materials or products on the Website are solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such materials in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the manufacturer or Nuluv, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights of Nuluv or the manufacturer (as may be applicable), and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this Clause. In the event of an infringement of the intellectual property rights of Nuluv or the manufacturer of any of the products listed on the Website, Nuluv and/ or the manufacturer(s) of the products reserve the right to initiate legal proceedings including but not limited to a criminal action and exercise all other rights that they may have under the applicable law.

20. product description

We endeavour to ensure that the products that you buy from the Website are genuine, authentic products. We also offer and extend all the warranties, guarantees as entailed in the product by the manufacturer to you. We try to be as accurate with regards to the information pertaining to the products and services as displayed over the Website on behalf of the manufacturers of such products. However, the content with respect to the products listed on the Website is based on the information received from the manufacturers and we do not warrant that the product description or any other content of this Website is accurate, complete, reliable, current, or error-free. We seek to ensure the aforesaid only on a best endeavour basis and do not assure or provide any personal warranties or assume any liability or responsibility pertaining to the genuineness, quality and authenticity of the products. In the event of delivery of a defective product, Nuluv may at its option, after verification of the product and on being satisfied of the defect, replace the said product or refund the amount paid by the user.

Further, the manufacturer(s) of the Products may, from time to time improve or change the ingredients or any other product information and update the labels accordingly and such changes may not always be published (partially or in full) on the Website. Accordingly, you may contact the manufacturer(s) directly for any product specific queries that you may have and Nuluv shall not be responsible for obtaining and/ or providing any such information.

21. pricing/typographical error

If we come across any difference in pricing resulting from typographic errors with respect to pricing or product information, we shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from you within 10-15 business days of such corrective action taken. The mode of refund will be the same as at the time of placing the order or any other mode at our discretion.

22. 7 day return/ replacement policy

Nuluv is committed to customer satisfaction. It is the only Indian brand that accepts return of all of its products including toiletries such as body wash, shampoos, face creams etc. For information on return & refund policy.

23. cancellation of order

We reserve the right to cancel any order without any explanation for doing so, under situation where we are not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the our policies or order has an invalid address/incorrect information or for any other reason. However, we will ensure that any communication of cancellation of an order is intimated within appropriate time to the concerned person and any applicable refund, will be made in reasonable time.

24. general

24.1 Notices: Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of Nuluv to Nuluv India Private Limited Attn: Manshu Dua, House No. 32, Chandra Lok, Pitampura New Delhi 110034, India, or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

24.2 Severability: Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of Nuluv to Nuluv India Private Limited Attn: Manshu Dua, House No. 32, Chandra Lok, Pitampura New Delhi 110034, India, or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

24.3 Entire Agreement: Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of Nuluv to Nuluv India Private Limited Attn: Manshu Dua, House No. 32, Chandra Lok, Pitampura New Delhi 110034, India, or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

24.4 Assignment: You cannot assign or otherwise transfer these Terms of Use, or any rights granted hereunder to any third party. We may transfer our rights and obligations (also known as “assign”) under these Terms of Use without your prior express consent, provided that we shall assign the Terms of Use on the same terms or terms that are no less advantageous to you.

25. grievance officer

In accordance with Information Technology Act, 2000 and rules made thereunder, the details of the Grievance Officer is published herewith:

Customer Support Lead
A84 Sec – 2, Bawana Industrial Area, Delhi – 110039
grievance@nuluv.in