These Terms are being issued as per the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and are in compliance with the Consumer Protection (E-Commerce) Rules, 2020, as updated from time to time.
Please read these Terms carefully, as they form the entire agreement between you and Nestofix. If you do not accept these Terms in its entirety, then you should not use the Site or purchase/book the services through our Platform.
By accessing or using or registering or booking services on our Website in any way or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:
- You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time at the Website.
- You are of sound mind and at least 18 years of age, in order to form a binding contract with us. In case you are not of the age of majority, then you must have the permission of your lawful guardian to use and access or book services on the Website.
- We must not have previously disabled your account for violation of law or any of our policies.
- Accounts, Passwords and Security
- Account Registration: To access various parts of the Website, and to avail various services, you might be required to register and create an account with us. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information about yourself. As part of the registration process, you will create a password and an account.
- Security: You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.
- Inaccurate Information: If we have reasonable grounds to suspect that any of the information submitted by you is untrue, inaccurate, outdated, or incomplete, we may terminate your account, and refuse current or future use of any or all of the Services.
- Use of the Site
- Allowed uses:
- Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with each of the services on the Site.
- Information: Whenever prompted, you must provide us with the correct, accurate and updated information, including but not limited to your name, billing details, address details, email, contact number etc.
- Restricted uses:
- You can’t impersonate others or provide inaccurate information.
- You can’t raise or comment or write feedback on any political, racist or such other issue which effect’s a person, community or society.
- You must not misuse or interfere with the Services or Website or try to access them using a method other than the interface and the instructions that we provide. You may use the Services only as permitted by law and as per the directions provided by us. Unless otherwise expressly stated, you may not access or reuse the Services, or any portion thereof, for any commercial purpose.
- You must not:
- Republish material from this Website;
- Sell, rent or sub-license material from the Website;
- Show any material from the Website in public without our consent;
- Edit or otherwise modify any material on the Website (other than editing your own information as per the method provided);
- Reproduce, duplicate, copy or otherwise exploit material on our Website for a commercial purpose; or
- Redistribute material from the Website, except for content specifically and expressly made available for redistribution with our written consent and according to our terms;
- Infringe or violate our Intellectual Property Rights or Intellectual Property Rights of our licensors, vendors or any third party;
- We reserve the right to restrict your access to any areas of our Website, or indeed our whole Website, at our discretion.
- You must not use our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- You must not use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
- You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website, without our express written consent.
- Writing a Review or leaving a Feedback
You may be able to rate the services availed from our Platform, share your experience and provide a feedback or review for such services as availed by you. In such case, you shall provide your honest and true feedback and opinion. You agree not to post anything or perform any act that is deemed to be abusive, derogatory, political, immoral, unlawful, inappropriate, objectionable, or that infringes on any third-party rights. We reserve the right to delete or not display your feedback, at our sole discretion.
- Ownership Rights
- Nestofix’s Rights: This Website, its content and services listed on it shall remain the sole property of the Nestofix or its service providers, as the case may be. Your use of or access to this Website shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this Website or any content published by Us or our licensors or third parties. This Website and the Content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant Intellectual Property laws, rules and regulations. Trademarks, trade names and designs appearing on this Website are the exclusive property of or are licensed to Nestofix and are protected. No use of a trademark, trade dress, trade name or design appearing on this Website may be made without the prior written permission of Nestofix.
- Links to Third-party Sites
- Orders, Payments and Offers:
- Service Description: We make our reasonable endeavor to put accurate description of the services listed on our Platform. However, we do not warrant that such description will always be accurate, complete, reliable, current or error-free.
- Pricing Disclaimer: We may update the prices of the services listed on the Site, from time to time, without any notice to you. However, this shall not accept the orders that you might have placed with us before such price change.
- Discount and Offers: We allow you to use discount codes (if any) strictly on the terms and conditions upon which they were issued, which amongst other things, may include terms relating to your eligibility to use them and a maximum order value. We reserve the right to cancel or suspend or withdraw the discounts and offers, at out sole discretion.
We have a no-refund policy. Any payment that has once been remitted to us is non-refundable. In certain cases, where you are dissatisfied with the services provided by our service providers, your sole remedy is to contact us, and based on the facts and circumstances, we, in our sole discretion, may or may not grant you complete or partial refund for such services complained of.
- No Discrimination policy
We, as a company, prohibit any kind of discrimination against the third party service providers, based on race, religion, caste, national origin, disability, sexual orientation, marital status, gender identity, age or any other characteristic that may be protected under applicable law. Such discrimination includes, but is not limited to, any refusal to accept services based on any of these characteristics. If it is found that you have violated this prohibition, you will lose access to Nestofix platform.
- We shall act as a supervisor for some of the Services through the architect, contractors, etc. A project partner nominated by us shall be responsible for provision of interiors/ construction / renovation (“IRC”) services.
- Some projects are subject to approval from the relevant governmental authorities. You are responsible to obtain all necessary government permits, licenses and approvals. We may assist you in obtaining these approvals.
- Goods and Service tax (as per Government Regulations), and any other taxes as applicable, will apply on the quoted prices for the services.
- We reserve the right to modify the payment terms, project cost, timelines and handover date to accommodate any changes by you to the project documents, including specifications or material quality after signing off.
- You explicitly agree that you shall not solicit any services from any of our service providers directly. In any case, we will not be liable for service carried out without our knowledge by mutual agreement between you and the Service Provider.
- The site is provided on an “as-is” and “as available” basis, and Nestofix (and our licensors and affiliates) expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement of the products listed on our Platform. We (and our licensors, affiliates, and vendors) make no warranty (unless specified otherwise) that the Site or service will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.
- Our Services may be used by your to request and schedule home-based services with third party providers. But you agree that we have no responsibility or liability to you related to any such home-based services provided to you by third party providers other than expressly set forth herein or by any applicable law.
- Limitation of Liability
IF YOU ARE ACQUIRING THE SERVICES AS A CONSUMER. NESTOFIX 'S LIABILITY FOR A FAILURE TO COMPLY WITH A CONSUMER WARRANTY IS LIMITED TO:
IN THE CASE OF SERVICES SUPPLIED TO YOU AS PART OF THE SERVICES UNDER THIS AGREEMENT, THE SUPPLY OF THE RELEVANT SERVICES AGAIN, OR THE PAYMENT OF THE COST OF RE-SUPPLYING THE SERVICES.
NESTOFIX’s LIABILITY TO YOU FOR A BREACH OF ANY CONDITION, WARRANTY OR TERM OF THIS AGREEMENT THAT IS NOT A BREACH OF A CONSUMER WARRANTY IS LIMITED IN THE FOLLOWING WAY:
NESTOFIX SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF NESTOFIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NESTOFIX SHALL NOT BE LIABLE FOR ANY DAMAGES. LIABILITY OR LOSSES ARISING OUT OF:
(i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES, OR
(ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF NESTOFIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NESTOFIX SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND NESTOFIX REASONABLE CONTROL. IN NO EVENT SHALL NESTOFIX 'S TOTAL LIABILITY TO YOU INCONNECTIONWITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED RUPEES ONE THOUSAND (INR 1000).
NESTOFIX'S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE HOME-BASED SERVICESWITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT NESTOFIX HAS NO RESPONSIBILITY OR LIABILITYTO YOU RELATED TO ANY HOME-BASED SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
NESTOFIX WILL MAINTAIN COMPLAINTS MANAGEMENT FRAMEWORK. AND WILL MANAGE THIS FRAMEWORK ON BEHALF OF THIRD-PARTY PROVIDERS, IN A REASONABLE WAY AND IN ACCORDANCE WITH THE NON-EXCLUDABLE REQUIREMENTS OF THE RELEVANT CONSUMER LAW LEGISLATION.
NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS, NESTOFIX WILL NOT BE DEEMED TO BE IN DEFAULT OR BE RESPONSIBLE FOR DELAYS OR FAILURES IN PERFORMANCE RESULTING FROM ACTS BEYOND THE REASONABLE CONTROL OF NESTOFIX. SUCH ACTS SHALL INCLUDE BUT NOT BE LIMITED TO ACTS OF GOD, RIOTS, ACTS OF WAR, EPIDEMICS, PANDEMICS, TRADE EMBARGOES, FIRE, TYPHOONS, EARTHQUAKES, OTHER NATURAL DISASTERS. ETC.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW INCLUDING ANY OF THE NON-EXCLUDABLE REQUIREMENTS OF THE RELEVANT CONSUMER LAW LEGISLATION.
You acknowledge to defend, indemnify and hold Nestofix, its affiliates, subsidiaries, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable attorneys’ fees, made by a third party, relating to, or arising from:
- Your violation of any third-party right, including without limitation to any right to privacy, publicity rights, defamation or intellectual property rights, including content the user distributes through the services;
- Your wrongful or improper use of products, services, Site;
- Your solicitation of our service providers;
- Your violation of any applicable laws, rules or regulations or any other applicable law through or related to the use of our Services;
- Your violation of these Terms or any other policy of Nestofix as associated with our services;
- The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of our services.
- Copyright Infringement
- If we are put on notice that your use, action, comment or feedback violates the law or the rights of others, or if we discover that your content or behaviour is unlawful, inappropriate, or objectionable (for example if you impersonate someone else or harass them), we may remove your feedback from our platform, and/or delete, suspend your account from Website .
- Please notify us if you believe any of your intellectual property rights have been infringed on our Website. Please file your copyright infringement claim at firstname.lastname@example.org for such complaints and claims.
- You are required to follow the below procedure to file a claim:
- Identify in writing the copyrighted material that you claim has been infringed upon;
- Identify in writing the copyrighted material that has infringed upon your copyright;
- Provide your current and up-to-date contact information, including your address, telephone number, and e-mail address;
- Provide your physical and/or electronic signature;
- Send us a written communication to email email@example.com
- You may be subject to liability if you knowingly make any misrepresentations on a take-down notice or claim.
- Governing Law and Dispute Resolution
- Governing Law: The Terms and any dispute arising out of or relating to the same will be governed by applicable laws of the Republic of India.
- Dispute Resolution:
- Mutual Discussion: If in case, any controversy, conflict or dispute of any nature arises between the user and us in connection with the provisions of these Terms, or out of or relating to or in connection with the use of our Platform or Services, the parties shall spend at least 15 days to try and use all means to amicably resolve that dispute or conflict or controversy, with mutual discussions.
- Binding Arbitration: If however, the attempt to settle such a dispute amicably fail, then such controversy, conflict or dispute between the User or third party and Company, shall be referred to the binding expedited Arbitration. The proceeding shall be headed over by a sole Arbitrator, to be solely appointed by us. The proceedings shall be held as per the provisions of the Arbitration and Conciliation Act, 1996, and the rules framed thereunder, as updated from time to time. The language of Arbitration proceedings (including that of any documents to be submitted therein) shall be English and the seat shall be at Bhopal, Madhya Pradesh.
- Challenge to Arbitration: In case of any dispute as to the Arbitration clause above or in case of enforcement of the Arbitration award, and in any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Bhopal, Madhya Pradesh.
- Waiver of Class Action and Relief: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A COLLECTIVE CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER, AS THE CASE MAY BE, CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER, AS THE CASE MAY BE. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in the applicable courts situated in Bhopal, Madhya Pradesh. All other claims shall be arbitrated.
- Survival: The Arbitration Agreement mentioned in these Terms will survive the termination of your relationship with us.
When you use the Website or send emails to Nestofix, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this Website. Nestofix will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address as available with us. If You want to give a notice to us, you can do so by dropping an electronic mail to firstname.lastname@example.org
- Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.
- Entire Agreement: The Terms, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire Agreement between Nestofix and You, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our Website.
- Force Majeure: Nestofix and its aggregated service providers will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service (such as processing or shipment or delivery of your order), in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, power failures and government-imposed lockdowns or similar restrictions.
- Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Site after any amendments to the Terms shall constitute your acceptance to such amendments.
- Grievance Officer
In the compliance of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, Consumer Protection (E-Commerce) Rules, 2020 and other similar legislation and rules, we are mandated to appoint a Grievance Officer to address the user complaints.
- Feedback and Information
We welcome your questions or comments regarding the Terms. You can write to us via email: email@example.com