Membership Eligibility

Only customers who can form legally binding contracts under Indian Contract Act, 1872 can use the Nizkaya Website. Persons “incompetent to contract” as per the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the website. As such,Nizkaya’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Nizkaya may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. Individuals under the age of 18 must at all times use Nizkaya’s services only under the supervision of a parent or legal guardian who is at least 18 years of age. In these cases, the adult is the user and is responsible for any and all activities.

We reserve the right to refuse service and registration to anyone for any reason at any time. When you register and agree to be bound to these Terms Conditions, a contract between Nizkaya and you for the use of www.nizkaya.com  is accomplished by default. Nizkaya is the sole discretion authority to revoke/terminate any such contracts without prior consent/notification.

 

Account Information and Registration Obligations

You shall be responsible for all activities under your login credentials and hence should maintain the confidentiality of your login credentials. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete, Nizkaya has the right to indefinitely terminate, suspend or block your access to Nizkaya. Nizkaya’s services are not available to temporarily or indefinitely suspended Nizkaya members. Nizkaya reserves the right to refuse service to anyone, for any reason, at any time. In the event of untrue, inaccurate, not current or incomplete information being furnished by the user, Nizkaya shall not be liable of any legal and/or contractual binding the same would be the responsibility of the user.

 

Liability and Warranty

In no event shall Nizkaya, and (as applicable)Nizkaya’s subsidiaries, officers, directors, employees or Nizkaya’s suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site, Nizkaya’s services, or this agreement, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages. Nizkaya’s liability, and (as applicable) the liability of Nizkaya’s subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the maximum of the last transactional value between the buyer and Nizkaya

Nizkaya is not liable for contracts formed between users of Nizkaya.com. Nizkaya is not liable for information provided by its users. We claim no intellectual property rights over the material provided by users.

We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

 

 

Terms and Conditions

Nizkaya reserves the right to cancel this User Agreement at any time and for any reason without a prior notice.

Jurisdiction : Disputes if any, to be settled in Pune jurisdiction only.

Exclusions:

The liability for all direct and indirect damages or for any other consequential or financial

loss of any kind is excluded. This does not apply to damages due to intentional or

grossly negligent breach of duty as well as harm to life, body or health.

Force Majeure clause applies to all our products and services.

In case we are unable to Deliver as per our commitment due to reasons beyond our control (so called “Force Majeure”) such as strikes,lockouts, riots, war/war like conditions, earthquakes, floods,

epidemics etc., we shall be not be liable for any legal binding or compensation.

 

Third party liabilities:

Third party liabilities resulting from obligations of other contracts, for any reason, will be

excluded, even though this may be coordinated by us. No liability is accepted for errors

in inputs provided to us.Consequential damages and financial losses such as loss of

Profit shall basically be excluded.