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Terms and Conditions

Last updated January 21, 2024

Agreement to Our Legal Terms

We are Nanya Airconn Pvt. Ltd., doing business as NANYA ("Company", "we", "us", or "our"), a company registered in India at 6/3 W.E.A. 1st Floor, Karol Bagh, New Delhi 110005, New Delhi, Delhi 110005.

We operate the mobile application Nanya Shoppee (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by email at sales@nanya.co.in or by mail to 6/3 W.E.A. 1st Floor, Karol Bagh, New Delhi 110005, New Delhi, Delhi 110005, India.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Nanya Airconn Pvt. Ltd., concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.

We recommend that you print a copy of these Legal Terms for your records.

Table of Contents

  1. Our Services
  2. Intellectual Property Rights
  3. User Representations
  4. User Registration
  5. Products
  6. Purchases and Payment
  7. Return Policy
  8. Prohibited Activities
  9. User Generated Contributions
  10. Contribution Licence
  11. Guidelines for Reviews
  12. Mobile Application Licence
  13. Third-Party Websites and Content
  14. Services Management
  15. Privacy Policy
  16. Term and Termination
  17. Modifications and Interruptions
  18. Governing Law
  19. Dispute Resolution
  20. Corrections
  21. Disclaimer
  22. Limitations of Liability
  23. Indemnification
  24. User Data
  25. Electronic Communications, Transactions, and Signatures
  26. Miscellaneous
  27. Contact Us

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. Intellectual Property Rights

Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the 'PROHIBITED ACTIVITIES' section below, we grant you a non-exclusive, non-transferable, revocable licence to:

  • access the Services; and
  • download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: sales@nanya.co.in.

If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions

Please review this section and the 'PROHIBITED ACTIVITIES' section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ('Submissions'), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload:

By sending us Submissions through any part of the Services you:

  • confirm that you have read and agree with our 'PROHIBITED ACTIVITIES' and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
  • to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
  • warrant that any such Submission are original to you or that you have the necessary rights and licences to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions;
  • warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

3. User Representations

By using the Services, you represent and warrant that:

  • All registration information you submit will be true, accurate, current, and complete.
  • You will maintain the accuracy of such information and promptly update it as necessary.
  • You have the legal capacity and agree to comply with these Legal Terms.
  • You are not under the age of 13.
  • You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services.
  • You will not access the Services through automated or non-human means, such as a bot or script.
  • You will not use the Services for any illegal or unauthorized purpose.
  • Your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. User Registration

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. Products

We make every effort to display accurately the colors, features, specifications, and details of the products available on the Services. However, we do not guarantee that these will be accurate, complete, reliable, current, or free of errors, and your electronic display may not reflect actual colors and details. All products are subject to availability, and we cannot guarantee items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

6. Purchases and Payment

We accept the following forms of payment and require that you provide current, complete, and accurate purchase and account information for all purchases made via the Services. You must promptly update account and payment information, including email address, payment method, and card expiration date, so that we can complete your transactions and contact you as needed.

  • Sales tax will be added as required.
  • Prices may change at any time. All payments shall be in Rupee.
  • You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and authorize us to charge your chosen payment provider upon placing your order.
  • We reserve the right to correct any errors or mistakes in pricing, even after receiving payment.
  • We may refuse any order and limit or cancel quantities purchased per person, household, or order.
  • We may prohibit orders that appear to be from dealers, resellers, or distributors.

7. Return Policy

All sales are final and no refund will be issued.

8. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make them available. The Services may not be used for commercial endeavors except those specifically endorsed or approved by us. As a user, you agree not to:

  • Systematically retrieve data or content to create a compilation, database, or directory without written permission.
  • Trick, defraud, or mislead us or other users, especially to learn sensitive information like passwords.
  • Circumvent, disable, or interfere with security-related features of the Services.
  • Disparage, tarnish, or harm us or the Services.
  • Use information from the Services to harass, abuse, or harm another person.
  • Misuse our support services or submit false reports of abuse or misconduct.
  • Use the Services inconsistently with applicable laws or regulations.
  • Engage in unauthorized framing or linking of the Services.
  • Upload or transmit viruses, Trojans, or other disruptive material, including excessive capitalization or spam.
  • Engage in automated use of the system, such as scripts, data mining, or robots.
  • Delete copyright or proprietary notices from any content.
  • Attempt to impersonate another user or use another user's username.
  • Upload or transmit material that acts as passive or active information collection, such as 1x1 pixels or cookies.
  • Interfere with, disrupt, or create an undue burden on the Services or networks.
  • Harass or threaten any of our employees or agents.
  • Attempt to bypass access restrictions on the Services.
  • Copy or adapt the Services' software (Flash, PHP, HTML, JavaScript, etc.).
  • Decipher, decompile, disassemble, or reverse engineer the software comprising the Services, except as allowed by law.
  • Use automated systems like spiders, robots, or offline readers to access the Services, or any unauthorized scripts.
  • Use a buying or purchasing agent to make purchases on the Services.
  • Collect usernames or email addresses for unsolicited emails or create accounts by automated or false means.
  • Use the Services to compete with us or for any revenue-generating commercial enterprise.
  • Sell or otherwise transfer your profile.

9. User Generated Contributions

The Services does not offer users the ability to submit or post content. However, we may provide you the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information (collectively, 'Contributions'). Contributions may be viewable by other users and through third-party websites. Any Contributions you transmit may be treated according to the Services' Privacy Policy.

When you create or make available any Contributions, you represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not infringe any proprietary rights of any third party.
  • You are the creator and owner, or have the necessary licenses, rights, consents, releases, and permissions to use and authorize us and other users to use your Contributions.
  • You have written consent, release, or permission of every identifiable individual in your Contributions to use their name or likeness.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, violent, harassing, libellous, slanderous, or otherwise objectionable.
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass, threaten, or promote violence against any person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not include child pornography or otherwise violate laws protecting minors.
  • Your Contributions do not contain offensive comments related to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not violate any provision of these Legal Terms or any applicable law or regulation.

Any use of the Services in violation of the foregoing may result in termination or suspension of your rights to use the Services.

10. Contribution Licence

You and the Services agree that we may access, store, process, and use any information and personal data you provide in accordance with the Privacy Policy and your choices. By submitting suggestions or feedback, you agree we can use and share such feedback for any purpose without compensation to you. We do not claim ownership over your Contributions. You retain full ownership of your Contributions and any intellectual property rights associated with them. You are solely responsible for your Contributions and agree to exonerate us from any responsibility and legal action regarding your Contributions.

11. Guidelines for Reviews

We may provide areas to leave reviews or ratings. When posting a review, you must comply with the following criteria:

  • You should have firsthand experience with the person/entity being reviewed.
  • Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language.
  • Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
  • Your reviews should not reference illegal activity.
  • You should not be affiliated with competitors if posting negative reviews.
  • You should not make conclusions as to the legality of conduct.
  • You may not post false or misleading statements.
  • You may not organize a campaign encouraging others to post reviews, positive or negative.

We may accept, reject, or remove reviews at our sole discretion. Reviews are not endorsed by us and do not necessarily represent our opinions or those of affiliates or partners. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free license to reproduce, modify, transmit, display, perform, and distribute your review content.

12. Mobile Application Licence

Use Licence

If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices you own or control, strictly in accordance with these Legal Terms. You shall not:

  • Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App, except as permitted by law.
  • Modify, adapt, improve, enhance, translate, or create derivative works from the App.
  • Violate applicable laws, rules, or regulations in connection with the App.
  • Remove or alter any proprietary notices, including copyright or trademark notices.
  • Use the App for revenue-generating purposes or commercial enterprises for which it is not intended.
  • Make the App available over a network for multiple users simultaneously.
  • Use the App to create a product or service competitive with the App.
  • Send automated queries or unsolicited commercial emails using the App.
  • Use proprietary information or interfaces for creating software or accessories for the App.

Apple and Android Devices

  • The licence for our App is limited to a non-transferable right to use it on devices using Apple iOS or Android, following the App Distributor’s terms of service.
  • We are responsible for maintenance and support services as specified in these Legal Terms; App Distributors are not obligated to provide support.
  • If the App fails to conform to warranties, you may notify the App Distributor, which may refund the purchase price. The App Distributor has no other warranty obligations.
  • You represent that you are not located in a US-embargoed country or listed on US restricted parties lists.
  • You must comply with third-party agreements when using the App (e.g., VoIP service agreements).
  • You acknowledge that App Distributors are third-party beneficiaries and can enforce the terms of this licence against you.

13. Third-Party Websites and Content

The Services may contain links to other websites ("Third-Party Websites") and Third-Party Content, including articles, photographs, text, graphics, music, videos, software, and other materials. We do not monitor or verify the accuracy, appropriateness, or completeness of these Third-Party Websites or Third-Party Content and are not responsible for them. Inclusion or linking to any Third-Party Website or Content does not imply approval or endorsement. Accessing or using Third-Party Websites or Content is at your own risk. Purchases made through Third-Party Websites are your responsibility, and we are not liable for any harm or loss resulting from such purchases or interactions.

14. Services Management

We reserve the right, but not the obligation, to:

  • Monitor the Services for violations of these Legal Terms.
  • Take legal action against anyone who violates the law or these Legal Terms.
  • Refuse, restrict, or disable access to any of your Contributions or portions thereof.
  • Remove or disable files and content that are excessive in size or burdensome to our systems.
  • Manage the Services to protect our rights and ensure proper functioning.

15. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to the Privacy Policy, which is incorporated into these Legal Terms. The Services are hosted in India. If you access the Services from regions with different data laws, you consent to the transfer and processing of your data in India.

16. Term and Termination

These Legal Terms remain in effect while you use the Services. We reserve the right to deny access or terminate your use or account at any time, without notice, for any reason, including breach of these Legal Terms. You may not register a new account after termination, even under a different name or on behalf of a third party. We may also take legal action, including civil, criminal, or injunctive remedies.

17. Modifications and Interruptions

We may modify, remove, or discontinue any content or Services at our discretion, without notice or obligation. We are not liable for any loss or inconvenience caused by changes, interruptions, or discontinuation of the Services. Nothing obligates us to maintain or update the Services.

18. Governing Law

These Legal Terms are governed by the laws of India. Both parties irrevocably consent to the exclusive jurisdiction of Indian courts for resolving disputes.

19. Dispute Resolution

Informal Negotiations

Parties agree to attempt informal negotiation for at least 30 days before initiating arbitration for any dispute.

Binding Arbitration

Disputes shall be resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Brussels, Belgium), with two arbitrators. The arbitration seat is New Delhi, Indonesia. The proceedings language shall be English and Hindi, governed by Indonesian substantive law.

Restrictions

  • Arbitration is limited to individual disputes.
  • No class-action arbitration is allowed.
  • No representative actions on behalf of the public or others.

Exceptions

Disputes related to intellectual property, theft, piracy, privacy invasion, unauthorized use, or claims for injunctive relief are excluded from informal negotiation and arbitration and will be resolved by a competent court.

20. Corrections

We may correct errors, inaccuracies, or omissions in content, pricing, availability, and other information on the Services at any time, without notice.

21. Disclaimer

The Services are provided on an "as-is" and "as-available" basis. You use the Services at your own risk. To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We are not responsible for:

  • Errors, mistakes, or inaccuracies in content or materials.
  • Personal injury or property damage resulting from your use of the Services.
  • Unauthorized access to or use of secure servers or personal/financial information.
  • Interruption or cessation of transmissions.
  • Bugs, viruses, Trojans, or other harmful components transmitted by third parties.
  • Errors or omissions in content or any resulting loss or damage.
  • Third-party products or services advertised or offered through the Services.

22. Limitations of Liability

We and our directors, employees, or agents are not liable for any direct, indirect, exemplary, incidental, special, or punitive damages arising from your use of the Services, even if advised of potential damages. Liability is limited to the amount paid by you, if any. Certain laws may not allow limitations on implied warranties or damages, and these disclaimers may not apply to you.

23. Indemnification

You agree to indemnify and hold us harmless, including affiliates and employees, from any claims, liabilities, damages, or expenses (including attorneys’ fees) arising from:

  • Your use of the Services.
  • Breaches of these Legal Terms.
  • Violations of representations and warranties.
  • Infringement of third-party rights.
  • Harmful acts toward other users connected via the Services.

We may assume exclusive defense at your expense, and you agree to cooperate with us.

24. User Data

We maintain data transmitted through the Services. You are responsible for all data you transmit or actions taken using the Services. We are not liable for any loss or corruption of such data.

25. Electronic Communications, Transactions, and Signatures

Using the Services, sending emails, and completing forms constitute electronic communications. You consent to electronic communications and agree that electronic records, signatures, and notices satisfy legal requirements. You waive any requirement for non-electronic records or original signatures.

26. Miscellaneous

These Legal Terms, along with any policies or operating rules posted by us on the Services, constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law.

We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by circumstances beyond our reasonable control.

If any provision or part of a provision is determined to be unlawful, void, or unenforceable, that provision is severable and does not affect the validity of remaining provisions. These Legal Terms do not create any joint venture, partnership, employment, or agency relationship between you and us.

You agree that these Legal Terms will not be construed against us solely because we drafted them. You waive any defenses based on the electronic form of these Legal Terms and the lack of signature by the parties.

27. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Nanya Airconn Pvt. Ltd.
6/3 W.E.A. 1st Floor, Karol Bagh, New Delhi 110005
New Delhi, Delhi 110005, India
sales@nanya.co.in

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