TERMS AND CONDITIONS

Introduction

These Website Standard Terms and Conditions written on this webpage shall manage your use of this website. These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.

Minors or people below 18 years old are not allowed to use this Website.

Acceptance of Terms
your access to and use of NITISHVERMA.COM website (“the Website”) is subject exclusively to these terms and conditions. You will not use the website for any purpose that is unlawful or prohibited by these terms and conditions. If you do not accept these terms and conditions you must immediately stop using the website else it will be termed as your acceptance.

 

Intellectual Property Rights

Other than the content you own, under these Terms, NITISHVERMA.COM and/or its licensors own all the intellectual property rights and materials contained in this Website.

You are granted limited license only for purposes of viewing the material contained on this Website.

Restrictions

You are specifically restricted from all of the following

  • publishing any Website material in any other media;
  • selling, sublicensing and/or otherwise commercializing any Website material;
  • publicly performing and/or showing any Website material;
  • using this Website in any way that is or may be damaging to this Website;
  • using this Website in any way that impacts user access to this Website;
  • using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
  • Using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being access by you and NITISHVERMA.COM may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

Your Content

In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant NITISHVERMA.COM a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. NITISHVERMA.COM reserves the right to remove any of Your Content from this Website at any time without notice.

No warranties

This Website is provided “as is,” with all faults, and NITISHVERMA.COM express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

Limitation of liability

In no event shall NITISHVERMA.COM, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract.  NITISHVERMA.COM, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Indemnification

You hereby indemnify to the fullest extent NITISHVERMA.COM from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

NITISHVERMA.COM is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

Assignment

The NITISHVERMA.COM is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between NITISHVERMA.COM and you in relation to your use of this Website, and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of Bihar, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Bihar for the resolution of any disputes.

General
NITISHVERMA.COM will carry out work only where a written purchase order is provided by mail.

Changes to Website

NITISHVERMA.COM reserves the right to:

1.1 Change or remove (temporarily or permanently) the website or any part of it without notice. NITISHVERMA.COM shall not be liable to you for any such change or removal.

1.2 Change these terms and conditions at any time, and your continued use of the website following any changes shall be deemed to be your acceptance of such change.

Website Design:
Though every effort will be made to ensure that the website and any work done by us is free of errors but NITISHVERMA.COM cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it. The web server, website, graphics and any programming code remain the property of NITISHVERMA.COM until all outstanding accounts are paid in full. Any work done (unless specifically agreed) by NITISHVERMA.COM remains the copyright of NITISHVERMA.COM and may only be commercially reproduced or resold with the permission of NITISHVERMA.COM.

Nitishverma.com cannot take responsibility for any copyright infringements caused by materials submitted by the client.

Any additions to the brief will be carried out at the discretion of Nitishverma.com and where no charge is made by Nitishverma.com for such additions, Nitishverma.com accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

Nitishverma.com will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.

Nitishverma.com will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

Database, Application and E-Commerce Development:
Nitishverma.com cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

Where applications or sites are developed on servers not provided by Nitishverma.com, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.

The client is expected to test fully any application or programming relating to a site developed by Nitishverma.com before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Nitishverma.com will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

Website Hosting:
Whilst Nitishverma.com offers hosting of websites, no guarantees can be made as to the availability or interruption of this service by Nitishverma.com cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service.

Nitishverma.com reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial. Fees relating to web hosting or domain names must be paid prior to the expiration date of the said service. If the fees remain unpaid at the time of expiration, Nitishverma.com can cancel the said service and not liable for any data lost as a result of the cancellation.

Copyright:
1.1 All copyright, trademarks and all other intellectual property rights in the website and its content (including without limitation the website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Nitishverma.com or otherwise used by Nitishverma.com as permitted by law.

1.2 In accessing the website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the website for personal, non-commercial home use only.

Disclaimers and Limitation of Liability:
1.1 The Website is provided on an “AS IS” and “AS AVAILABLE” basis. To the extent permitted by law, Nitishverma.com will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the website.

1.2 Nitishverma.com makes no warranty that the functionality of the website will be uninterrupted or error free, that defects will be corrected or that the website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

Severance:
If any of these terms and conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term or condition shall be severed and the remaining terms and conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

Payment of Accounts:
A deposit may be required from a new client before any work is carried out. In all cases, website hosting fees and any costs incurred by Nitishverma.com on behalf of the client are payable in advance and are non-refundable.

It is the Nitishverma.com policy that any outstanding accounts for work carried out by Nitishverma.com or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Nitishverma.com. If accounts are not settled or Nitishverma.com has not been contacted regarding the delay, access to the related website may be denied. Fees relating to web hosting or domain names must be paid prior to the expiration date of the said service. If the fees remain unpaid at the time of expiration, we will with immediate effect, cancel said service and any data held by said service will be removed.

Governing Law these terms and conditions shall be governed by and construed in accordance with the law of India and you hereby submit to the exclusive jurisdiction of the Indian courts.

Refund Policy:

We thank you and appreciate your purchase with us. Please read the policy, conditions and process carefully as they will give you important information and guidelines about your rights and obligations as our customer, concerning any purchase you make through us unless specifically stated otherwise on our product pages or readers offer advertisements. We make every effort to service the order/s placed with us as per the specifications and timelines mentioned against each product. If due to any reason, unavoidable circumstances or beyond the limitations of the merchants the order is not shipped by the seller then the order shall be cancelled and refunded. In the event the order/product is delivered and has been cancelled for refund due to product fault, delivery of wrong product, partial product, etc. the refund is processed.

The order may be cancelled before shipment due to any of the following reasons: The specific product/model is out of Stock. The order could not be shipped within the specified timeline. On customers request. The shipping address is not serviceable. Any other reason beyond the control of Nitishverma.com.

The orders may be cancelled post shipment and delivery due to any of the following reasons: Established defect in the product which the seller is not able to either replace or repair. Correct product could not be delivered. Shipping address found to be untraceable, wrong, incomplete, locked and customer not available. Customer refused to take the delivery; refund would not be applicable in case of perishable products and/or in case of made to order and personalized products. Products damaged during transit and delivery not accepted. Caution: Please do not accept delivery of any item whose packaging is damaged or tampered with in any manner.

Conditions:

Ensure that the product is in warranty. Cancellation and refund requests for products shall not be eligible under manufacturer warranty. The refund shall be processed only after the product is shipped back and received by us. Need to attach a note along with the product returned for refund. The note should clearly state your name and address, contact number, and order number. Describe the problem in your own words. Without your order details processing refund / replacement would not be possible. If the return courier awb/tracking number is not intimated to Nitishverma.com shop customer support team is not eligible for refund. The order returned must accompany all the accessories which were serviced along with the order else the cost of the accessories shall be recovered from the refund amount

Any charges levied as tax is not eligible for refund.

Process:

Please connect with our customer care via Online Form or call. The customer care team will validate the request by checking the timelines, product type, warranty terms, etc and shall take the request for refund or exchange. Ensure to collect the “Return address” from Nitishverma.com customer care. Pack the product properly and label the product with the order number, return address and your address. Follow the instructions of customer care carefully for coordinating with the Courier Company. Ensure that the awb/ tracking number is shared with Nitishverma.com customer care, once the courier agency has picked up the product. The order shall be cancelled once we receive the product in undamaged condition [There should be no scratches, no dents etc.] Please ensure to pack the product properly before handing it over to courier representative.

Conditions:

The product ordered has not been shipped within the estimated time mentioned at the time of placing the order. No intimation regarding delayed shipment of product is received either by call or sms. For non-delivery, the issue needs to be reported within 15 working days to Nitishverma.com. Once the non-delivery of the order is acknowledged, the request of cancellation and refund shall be initiated by Nitishverma.com customer care.

Please Note: On cancellation of an order, you are entitled to receive refund based on pay mode table mentioned in refund timelines plus the shipping charges. Nitishverma.com is not liable to pay any penalty or compensation to the customer for cancellation of any order, for reason mentioned above.