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Thank you for visiting nubessholistic.com, an online portal belonging to Count Mirracle Wellness Solutions LLP.
In using this website you are deemed to have read and agreed to the following terms and conditions:
This Terms and Conditions policy explains the information we collect about you, how we use the information, some of the security steps taken to protect the information, and the choices you have to review, revise and/ or restrict our usage of this information.
This Policy is part of the Terms and Conditions of Use that govern the Website and is binding on all Website users. By accessing or using this website, you are acknowledging that you have read, understood, and you agree, without limitation or qualification, to be bound by these Terms and Conditions in this Agreement, so please read this carefully before proceeding.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company.
“Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Law.
Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Transaction Security Policy
This site uses Secure Sockets Layer (SSL) to ensure secure transmission of your personal data. You should be able to see the padlock symbol in the status bar on the bottom right hand corner of the browser window. The url address will also start with https:// depicting a secure webpage. SSL applies encryption between two points such as your PC and the connecting server. Any data transmitted during the session will be encrypted or scrambled and then decrypted or unscrambled at the receiving end. This will ascertain that data cannot be read during transmission.
Cash & all major Credit/Debit Cards are all acceptable methods of payment. Our Terms are payment in full before shipping the goods. All goods remain the property of the seller until paid for in full.
ACCURACY OF INFORMATION
We attempt to be as accurate as possible when describing our products on the website. However, except to the extent implied by applicable law, we do not warrant that the product descriptions, colours, information or other content available on the website are accurate, complete, reliable, current, or error-free.
INTELLECTUAL PROPERTY AND OWNERSHIP RIGHTS :
All information and content available on the website and its "look and feel", including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and
software, and the compilation and organization thereof (collectively &Content) is the property of Nubess, our Affiliates, partners or licensors, and is protected by laws of India, including laws governing all applicable forms of intellectual property.
Except as set forth in the limited licenses in Section 6, or as required under applicable law, neither the Content nor any portion of this website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
LIMITATION OF LIABILITY:
In no event shall the Company or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, 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/Portal, its services or this Agreement (however arising, including negligence).
The Information Technology Act, 2000 expressly provides protection to intermediaries under Section 79(2) (a) wherein it is clearly stated that “the function of an intermediary is limited to providing access to a communication
system over which information made available by third parties is transmitted or temporarily stored or hosted” thereby proving that the Company website is only a platform for e-commerce and cannot be held liable for acts or misdoings of a user.
The liability of the Company is limited to the value of the products or services purchased from the Company and any delivery charges that may have been charged. Under no circumstances shall the Company be held liable for
any direct or indirect costs incurred by you for any reason related to the purchase or intended purchase of products and services on the website owned by the Company.
The Company is not responsible for any non-performance or breach of any contract entered into between users.
The Company cannot and does not guarantee that the concerned users will perform any transaction concluded on the website. The Company shall not and is not required to mediate or resolve any dispute or disagreement between users.
If you visit any external websites by way of the links are provided, the Company shall have no responsibility for any loss or costs or damages suffered by you. By using this website, you declare and agree that you have the full power and authority to make and enter into a transaction with the Company.
The Company shall not be liable for any loss or damage arising from its failure to perform any of its obligations under this Agreement if such failure is the result of circumstances beyond its control including but not limited to the outbreak of war, any governmental act, act of war, explosion, accident, civil commotion, riot, industrial dispute, bandh instituted by any person including a political party, strike, lockout, stoppages or restraint of labour from whatever cause, whether partial or general, weather conditions, traffic congestion, mechanical breakdown,
obstruction of any public or private road, or highway or outbreak of any communicable disease or any other force majeure, fire, flood or any other act of God.
You shall indemnify and hold harmless the Company and (as applicable) subsidiaries, affiliates, third-parties and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of these terms and conditions and other policies, or your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
SITE POLICY MODIFICATIONS:
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.