Effective Date: [31.08.24]
This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder, as applicable, and the amended 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 Terms of Use for access or usage of the domain name HeadphoneRepair.in (“Website”), including the related mobile site and mobile application (hereinafter referred to as the “Platform”).
The Platform is owned by Nimactive Innovations Pvt Ltd, a company incorporated under the Companies Act, 1956, with its registered office at 354, Nighasan Kheri, UP, India (hereinafter referred to as “Platform Owner,” “we,” “us,” or “our”). Your use of the Platform and the services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Platform, including the applicable policies which are incorporated herein by way of reference. If you transact on the Platform, you shall be subject to the policies that are applicable to the Platform for such transactions. By mere use of the Platform, you shall be contracting with the Platform Owner, and these terms and conditions including the policies constitute your binding obligations with the Platform Owner. These Terms of Use relate to your use of our website, goods (as applicable), or services (as applicable) (collectively, “Services”).
Any terms and conditions proposed by you which are in addition to or which conflict with these Terms of Use are expressly rejected by the Platform Owner and shall be of no force or effect.
1. Acceptance of Terms
By accessing, browsing, or otherwise using the Platform, you agree to be bound by all the terms and conditions under these Terms of Use. Please read these Terms of Use carefully before proceeding.
2. Eligibility
To access and use the Services, you must be at least 18 years of age and able to form legally binding contracts under applicable law. By using the Platform, you represent and warrant that you meet these requirements.
3. Account Registration
To access certain features of the Platform, you may be required to register an account. You agree to provide true, accurate, and complete information during registration and to update this information to maintain its truthfulness and accuracy. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
4. Services and Products
The Platform provides both services related to the repair of electronic products and the sale of consumer electronics and parts. By placing an order for services or products through the Platform, you agree to the terms set forth herein. The Platform Owner reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
5. Payment Terms
You agree to pay all charges associated with the services and products you order on the Platform. Payment must be made at the time of order unless otherwise specified. The Platform uses secure payment gateways and does not store payment information on its servers.
6. Use of the Platform
Your use of the Platform and the Services is at your sole risk. The Platform and the Services are provided on an “as is” and “as available” basis. We do not warrant that the Platform will be uninterrupted, timely, secure, or error-free, nor do we make any warranty as to the results that may be obtained from the use of the Platform or the accuracy or reliability of any information obtained through the Platform.
7. Intellectual Property
The contents of the Platform, including but not limited to the design, layout, look, graphics, and software, are the property of the Platform Owner and are protected by applicable intellectual property laws. You do not acquire any rights or licenses to the contents of the Platform other than the limited right to use the Platform in accordance with these Terms of Use.
8. User Conduct
You agree not to use the Platform or the Services for any purpose that is unlawful, illegal, or forbidden by these Terms of Use or Indian laws. You agree not to engage in any activity that interferes with or disrupts the Platform or the servers and networks connected to the Platform.
9. Links to Third-Party Websites
The Platform may contain links to third-party websites that are not owned or controlled by the Platform Owner. These links are provided for your convenience, and the inclusion of any link does not imply endorsement by the Platform Owner. You agree that you access such third-party websites at your own risk.
10. Indemnification
You agree to indemnify and hold harmless the Platform Owner, its affiliates, group companies, and their respective officers, directors, agents, and employees from any claim, demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms of Use, Privacy Policy, and other policies, or your violation of any law, rules, or regulations or the rights of a third party.
11. Limitation of Liability
In no event shall the Platform Owner be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from your use of the Platform or the Services.
12. Force Majeure
The Platform Owner shall not be liable for any failure to perform its obligations under these Terms of Use if such performance is prevented or delayed by a force majeure event.
13. Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the courts in Lakhimpur Kheri, Uttar Pradesh.
14. Amendments
The Platform Owner reserves the right to amend these Terms of Use at any time without prior notice. It is your responsibility to review these Terms of Use periodically to stay informed of updates.
15. Contact Information
For any concerns or communications regarding these Terms of Use, please contact us at [email protected]