You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Site pursuant to the requirements and restrictions herein of these Terms and Conditions and any amendments and/or revisions that are hereby made to these Terms and Conditions, regardless of whether the user has agreed to the Terms and Conditions before the amendments and/or revisions. It is the responsibility of and the, user hereby assumes such responsibility of checking the Terms and Conditions prior to each use of the Website. Including, but not limited to Natchdeal Pvt Ltd reserving the right to change, suspend, or discontinue any aspect of the Site at any time, without any obligation or liability to users of the Website. Natchdeal Pvt Ltd may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Site. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Site. Except as provided in the Terms and Condition, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Site, or any of its contents (including software) in whole or in part.
You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, publish, download, modify or otherwise distribute the material on this Site for any purpose other than for personal use, unless otherwise specifically authorized by Natchdeal Pvt Ltd to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by Natchdeal Pvt Ltd to do so. The content and software on this Site is the exclusive property of Natchdeal Pvt Ltd.
Privacy of Personal Information
If and when using the Natchdeal Pvt Ltd Site, the user is responsible for maintaining the confidentiality of your account and password and for restricting access to your account from any devices, and you agree to accept responsibility for all activities that occur under your account or password. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
The contents of the pages, contained within the sites, including, but not limited to pictures and photographs, descriptions and written text, designs, logos, trademarks, and other materials, are the copyright trademark or registered trademark of Natchdeal Pvt Ltd and or the respective owners of such content, including technology providers. All rights are reserved. Natchdeal Pvt Ltd may terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information to this Site, you warrant that the information does not infringe the copyrights or other rights of third parties. Natchdeal Pvt Ltd also reserves all legal rights to any and all legal recourse that may be required as a result of the violation of this provision. The copying, printing, downloading of any material from this site for personal or commercial use, other than for placing an order with Natchdeal Pvt Ltd is strictly prohibited, and all rights are reserved, with regards to any available or required recourse by Natchdeal Pvt Ltd.
Natchdeal Pvt Ltd is not responsible for the content, quality or accuracy of data provided by users, compilations of such data, text, information and other materials made available to users through Natchdeal Pvt Ltd system. The On-line Materials are Natchdeal Pvt Ltd intellectual property, and are intellectual property (IP) rights in India laws, as well as the Intellectual property laws of any country in which Natchdeal Pvt Ltd’s Intellectual property is being transmitted, disseminated, or misappropriated. The On-line Materials may not be copied or redistributed either in whole or in part without prior written consent from Natchdeal Pvt Ltd, except as expressly and specifically permitted under these Terms and Conditions.
Violation of Terms and Conditions
You understand and agree that in Natchdeal Pvt Ltd sole discretion, and without prior notice, Natchdeal Pvt Ltd may terminate your access to the Site, or exercise any other remedy available and remove any unauthorized user information, if Natchdeal Pvt Ltd believes that the information you have, provided, has violated or is inconsistent with these Terms and Conditions, or violates the rights of Natchdeal Pvt Ltd, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to Natchdeal Pvt Ltd for violations of these Terms and Conditions and you consent to injunctive or other equitable relief as may be required and allowed by law for such violations. Natchdeal Pvt Ltd may release user information about you if required by law or order.
Natchdeal Pvt Ltd Group makes no warranty or representation of any kind, either express or implied, including but not limited to warranty of title or non-infringement, implied warranty of merchantability, fitness of a product for a particular purpose, or other violation of rights in relation to the accuracy, validity, reliability, or content of any products and/or the site itself. By using this site, all users and visitors agree to indemnify and hold Natchdeal Pvt Ltd , its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site, or your breach of the Terms and Conditions.
Natchdeal Pvt Ltd make no warranty or representation as to how the products sold on this site are depicted via the images and/or descriptions on this Site or otherwise. Reliance on any such depiction is not the responsibility of Natchdeal Pvt Ltd , and as such, Natchdeal Pvt Ltd shall be held harmless thereto. Natchdeal Pvt Ltd return policy is fully and accurately outlined pursuant to the clauses contained within these Terms and Conditions.
Natchdeal Pvt Ltd Group controls this Site through its headquarters and domicile, located in India. Natchdeal Pvt Ltd makes no representation that this Site is appropriate for use in any other locations or jurisdictions. If you use this Site from other locations you are responsible for ensuring compliance with any such local laws, which may differ or impact the use and/or operation of this site. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to any Indian export laws and regulations.
Purchases and Payment
Natchdeal Pvt Ltd accepts payment by cash upon delivery, or via this Site by debit cards or credit cards. All purchases, both local and international will be billed in Indian national rupee (INR) for all products and services. All online purchases are also governed by the terms and conditions of the respective third party merchant provider who provides the products that are seen on the Site.
Natchdeal Pvt Ltd holds out no promises or warranties with regards to the advertised prices of any products sold on this site or otherwise by Natchdeal Pvt Ltd . All product prices are subject to change, and only become final once payment is made by the consumer.
By making payment for our products or services on our Website, all details that you, as the consumer, are prompted and required to submit will be provided directly to our payment provider via a secured connection. Natchdeal Pvt Ltd holds out no promises or warranties with regards to any breaches of the secured connection that were not to Natchdeal Pvt Ltd knowledge.
Under our refund policy, our customers can return the product at the time of delivery, if due to some reason they are not satisfied with the quality of the product. We will take back the product and issue a refund for the value of the returned products, which will either be credited to your account or adjusted in your invoice in case of cash on delivery.
Please note the Pre-cut items are not included under the Refund and Return policy.
Kindly review our Refund and Returns policy for further information. You as a customer can cancel your order up to the cut-off time of the slot for which you have placed an order by calling our customer care. In such a case we will refund any payments already made by you for the order. If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the website, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.
These Terms and Conditions supersede all other written and oral communications or agreements with regard to the subject matters discussed in these Terms and Conditions. A waiver or modification of these Terms and Conditions will only be effective if made in writing signed by an authorized officer of Natchdeal Pvt Ltd . Such authorization can only be obtained by the written approval by a majority shareholder, his/her valid attorney-in-fact, or a director and/or officer of the company. All refunds will be made via the original mode of payment.
Once the order has been placed on our Site, an estimated delivery time will be provided to you. If an item is not in stock at the time of your delivery, due to unforeseen circumstances, we will notify you and the amount of the unavailable item will be refunded, as per the original mode of payment.
Headings and Titles
Headings & section titles in this Agreement are for convenience purposes only and do not define, limit, or extend any provision of this Agreement.
If any provision of the Terms and Conditions is held to be invalid, void or unenforceable, that shall not invalidate any further provisions to these terms and conditions herein. The remaining provisions shall nevertheless continue in full force and effect.
No Commercial Use
This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain Natchdeal Pvt Ltd prior written consent for purposes of making commercial offers of any kind on this Site, whether by advertising, solicitations, links, or any other form of communication. Such prior written consent may only be obtained by a majority shareholder, his/her valid attorney-in-fact, or a director and/or officer of the company.
Mywallet – Terms and Conditions
Please read the following terms and conditions (“T&Cs”) carefully before registering for, accessing or using the Mywallet (as defined below), located at www.natchdeal.com or the natchdeal mobile application or any similar platform (hereinafter referred to as natchdeal Platform) on any device and/or before availing any e-wallet services that may be offered by NPL (as defined below) on the natchdeal Platform (hereinafter, individually Mywallet Service and collectively, the Mywallet Services). The Mywallet is issued by and the Mywallet Services are provided by Natchdeal Private Limited, a private limited company registered under the Companies Act, 2013 having its registered office at Kottayi, Perumanna, Kozhikode. The customers using the Mywallet may load amounts in the wallet through their credit or debit cards, and the amounts in the Mywallet may be used for making payments towards transactions done by customers on the natchdeal Platform. Customers shall not be permitted to make any cash withdrawals from the Mywallet. By registering for or using Mywallet, you represent and warrant that you have the right, authority and capacity to enter into these T&Cs and to abide by all the T&Cs.
The Mywallet Services are not available to persons under the age of 18 or to anyone previously suspended or removed by NPL from availing the Mywallet Services or accessing the natchdeal Platform. By accepting the T&Cs or by otherwise using the Mywallet Services on the natchdeal Platform, you represent that you are at least 18 years of age and have not been previously suspended or removed by NPL, or disqualified for any other reason, from availing the Mywallet Services or using the natchdeal Platform. In addition, you represent and warrant that you have the right, authority and capacity to enter into these T&Cs and to abide by all the T&Cs. Finally, you shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, NPL reserves the right to suspend or permanently prevent you from availing Mywallet Services or using the natchdeal Platform.
- “Customer” or “you” means a person who has registered with natchdeal Platform and avails the Mywallet, and who has accepted the T&Cs, and a person who owns, operates, or has access to an internet compatible device that supports the Mywallet and the natchdeal Platform.
- “Mywallet” means the closed system pre-paid payment instrument issued by NPL.
- “Mywallet Account” means the Customer Mywallet account classified as closed system payment instruments issued by accepting minimum customer details being Customer name, e-mail address, mobile number, which permit payment for purchase of eligible goods from natchdeal Platform.
- “Enrolment Form” means the Mywallet enrolment form, as is required by NPL from the Customer at the time of registration for availing and/or continuation of the Mywallet.
- “KYC” stands for know your customer and refers to the personal identification and other information required by NPL from you before any Mywallet Services can be delivered. KYC documents/ information may be required by NPL from the Customer at the time of registration and/or on a later date, for availing and/or continuation of the Mywallet.
- “Password” means the secret password used to secure Mywallet applications, without knowledge of which your Mywallet will not be operable.
- “Transaction” means purchase of eligible products on the natchdeal Platform.
- The collection, verification, audit and maintenance of correct and updated Customer information is a continuous process and NPL reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements. NPL reserves the right to discontinue services or reject applications for Mywallet at any time if there are discrepancies in information and/or documentation by you.
- You may be required to complete a verification process by furnishing your details (such as your name and date of birth) to comply with the KYC requirement under applicable laws.
- Any information provided to NPL with the intention of securing Mywallet services shall vest with NPL, and may be used by NPL, for any purpose that is not inconsistent with any applicable law or regulations, at its discretion.
3. General Conditions for Mywallet
- You will be issued a Mywallet Account immediately after successful registration.
- You may add money to or recharge your Mywallet through online payment methods such as domestic credit/debit card and net banking. However, you will not be able to use prepaid/virtual bank cards, EMI, cards issued outside India or a combination of cards to add money to or recharge your Mywallet. Except as provided hereunder, amounts in your Mywallet will not be refunded to you under any circumstances.
- You may note that withdrawing money from Mywallet is not allowed. Any outstanding credit in the Mywallet must be utilized only to make payments for bona fide Transactions.
- Mywallet are available only to resident Indians who have attained the age of 18 years and are competent to contract.
- Mywallet are not transferable to other organization platform.
- You may add money into your Mywallet up to a maximum of INR 10,000 (Rupees ten thousand) per month. This limit will be inclusive of any credits made by you and any refunds received by you for any Transactions in your Mywallet. Additionally, the balance in your Mywallet shall not exceed INR 10,000 (Rupees ten thousand) at any relevant time of determination. These limits may be reviewed and modified at the discretion of NPL without prior intimation to the Customer.
- NPL reserves the right to suspend/discontinue Mywallet services to you at any time, for any cause, including, but not limited, to the following-
- For any suspected violation of the T&Cs;
- For any suspected discrepancy in the particular(s), documentation or Enrolment Form provided by you;
- To combat potential fraud, sabotage, willful destruction, threat to national security or for any other force majeure event;
- If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons;
- If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;
- If the mobile connection with which your Mywallet is related ceases to be operational or in your possession or control;
- If NPL believes, in its reasonable opinion, that cessation/suspension is necessary for any other legitimate purpose.
- The value stored on your Mywallet shall NOT be refunded under ANY circumstances and may only utilized to make payments for bona fide Transactions. No interest will be payable by NPL on the available balance reflected on the Mywallet.
You are permitted to maintain and operate only one Mywallet. Any suspected non-conformity with this requirement shall constitute grounds for the suspension/discontinuation by NPL of any of all Mywallet associated with you on the natchdeal Platform. Any operation of or continued availability of any facility respect to the Mywallet from time to time shall be subject to any requirements under applicable laws, and any new regulations or directions from any regulatory authorities in India.
4. Mywallet Validity
- Any value in your Mywallet that is utilized towards making payments for any Transaction shall be automatically debited from your Mywallet. NPL does not endorse, promote or warrant any goods and/or services that might be bought/availed or proposed to be bought/availed using Mywallet.
- Mywallet Expiry and Balance Forfeiture.
Your Mywallet account stays active & there is no expiry date for your wallet balance.
5. Customer Obligations
- Any value in your Mywallet that is utilized towards making payments for any Transaction shall be automatically debited from your Mywallet. NPL does not endorse, promote or warrant any goods and/or services that might be bought/availed or proposed to be bought/availed using Mywallet.
- Mywallet availability is subject to the maintenance of an active mobile phone or internet connection with an associated telecom provider. Mywallet availability is subject to the maintenance of a mobile phone handset and other application on which natchdeal Platform can run and the Customer is solely responsible for all liability arising from unavailability of the natchdeal Platform due to a deficient mobile handset or the internet service provider not being able to support any Mywallet channel or application.
- You must ensure the availability of sufficient funds in your Mywallet before executing any Transaction from your Mywallet.
- You shall be solely responsible for the confidentiality, safety and security of the Password. You shall be the sole owner of the Password and shall be responsible for the consequences arising out of disclosure of the Password and/or the unauthorized use of Mywallet. In case the Password is lost or misplaced, you shall promptly inform NPL by calling on the customer care numbers where after the existing Password will be barred and a new Password will be issued to you after necessary validation. In case the mobile phone/SIM card/mobile number associated with your Mywallet is lost/stolen/misplaced/no longer in your control, you shall promptly inform NPL. NPL will, upon receipt of such information, block the relevant account.
- You acknowledge and understand that Mywallet is linked to your mobile phone number and you shall be solely responsible for any liability arising out of the loss/theft/misuse of the mobile phone number or deactivation of mobile connection by the concerned telecom service provider.
- Information submitted by you for availing Mywallet and/or information submitted while using Mywallet may be shared by NPL with any affiliate of NPL or any third party, inter alia, to facilitate the provision of Mywallet or for the purposes specified in the T&Cs.
You agree to indemnify, save, and hold NPL, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to : (i) your use or misuse of the Mywallet; (ii) any violation by you of the T&Cs, including the Mywallet Terms; or (iii) any breach of the representations, warranties, and covenants made by you herein. NPL reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify NPL, including rights to settle, and you agree to cooperate with NPL’s defense and settlement of these claims. NPL will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of these T&Cs, including the Mywallet Terms.
7. Additional Take & Care .
- Any amount transferred erroneously by the Customer, while adding money to or recharging the Mywallet or while executing Transaction on natchdeal Platform, shall not be refunded to the Customer by NPL in any circumstances.
- Any web-link on the natchdeal Platform to a third-party site is not an endorsement of that web-link. By using or browsing any such other web-link, you shall be subject to the terms and conditions in relation to that web-link.
- In the event of any Dispute (defined below), NPL records shall be binding as the conclusive evidence of the Transactions carried out through the use of Mywallet.
- NPL shall send all customer communications by SMS and/or e-mail and such SMS shall be deemed to have been received by you after they have been submitted for delivery to the mobile phone operator.
- You agree to receive all commercial messages including transactional messages from NPL.
- The parties are independent contractors and nothing in these Mywallet Terms shall be deemed to create an agency or employment relationship, a franchisor-franchisee relationship, joint venture or partnership.
8. Amendment of Terms, natchdeal Platform
NPL may modify, terminate and/or suspend Mywallet to the Customer anytime with or without prior notice, due to any changes in internal policies, rules, regulations and laws set by relevant authorities/regulators. NPL reserves the right to change, modify, add, or remove portions of these T&Cs (each, a change and collectively, changes) at any time by posting notification on the natchdeal Platform or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 12 hours after the initial posting and shall apply immediately on a going-forward basis with respect to your use of the natchdeal Platform, availing the Mywallet service, or for payment transactions initiated after the posting date. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of the natchdeal Platform/Mywallet. For certain changes, NPL may be required under applicable law to give you advance notice, and NPL will comply with such requirements. Your continued use of the natchdeal Platform and the Mywallet following the posting of changes will mean that you accept and agree to the changes.
You specifically agree that in order to facilitate the provision of Mywallet, NPL may be required to disclose any information or particulars pertaining to you to any authority, statutory or otherwise or any third party.
10. Assignment; Restrictions on Information Sharing; Privacy
- These T&Cs, and any rights granted hereunder, may not be transferred or assigned by you without NPL’s prior written consent which may be withheld in NPL’s sole discretion, but these T&Cs, and any rights granted hereunder, may be assigned by NPL freely (including to its affiliates) and without any restriction. Any assignment attempted to be made by you in violation of this provision shall be void and of no effect.
- By accepting the Mywallet Terms here and the T&Cs in general, you agree to be customers of NPL. In addition, by accepting the Mywallet Terms here and the T&Cs in general, you expressly and impliedly provide your free and unconditional consent for the following: (a) for transferring NPL’s rights and obligations under the Mywallet Terms in favor of any affiliate of NPL or any third party; (b) for using the natchdeal Platform and availing the Mywallet Services by you subject to any specific terms and conditions imposed by any affiliate of NPL; (c) for receiving communications, notices and information from NPL or any affiliate of NPL; (d) for sharing of business information (including any information relating to you or the services being availed by you) in relation to the Mywallet service (including data analytics) between NPL and any affiliate, insofar as such sharing of business information is necessary or required for the following limited purposes: (i) provision of better services to NPL’s customers (including you); (ii) provision of better services by NPL’s vendors and Merchant Establishments; (iii) to prevent any breach of a binding agreement between NPL and any affiliate, or to give effect to any such agreement; (iv) for ensuring compliance with the applicable law or legally compelled disclosures by NPL or any affiliate of NPL; or (v) for preventing fraud and money laundering and for enhancement of risk mitigation systems and processes in relation to the activities of NPL or of any affiliate of NPL; or (vi) NPL retaining any and all information relating to you till such time as may be required under applicable laws or internal policies. At times NPL or its affiliates may make certain personal information available to affiliates, and, strategic partners that work with NPL to provide products and services, or that help NPL market to customers. Personal information will only be shared by NPL to provide or improve NPL’s products, services and advertising, and will always be shared in compliance with applicable laws.
- NPL, amongst others, shares information with companies (including with its affiliates) who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in NPL’s products and services offering any products or services from any natchdeal Platform, and conducting customer research or satisfaction surveys. Any such sharing will be in compliance with applicable laws and these companies are obligated to protect your personal information under applicable law.
- It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities − for NPL to disclose your personal information. NPL may also disclose information about you if NPL determines that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate
- NPL may also disclose information about you if NPL determines that disclosure is reasonably necessary to enforce the Mywallet Terms here or the T&Cs in general or protect NPL’s operations or users. Additionally, in the event of a reorganization, transfer, merger, or sale of all or any portion of NPL’s business or products or services offered through any natchdeal Platform to any persons (including any affiliates), NPL may transfer any and all personal information that NPL collects to the relevant transferee or enter into contractual agreements to share such information with such transferees, and transfer any contractual rights or benefits to such transferees., NPL may transfer any and all personal information that NPL collects to the relevant transferee or enter into contractual agreements to share such information with such third party transferee.
11. Intellectual Property Rights
NPL, or its licensors, own all right, title and interest, including, but not limited to all copyright, trademark, patent, trade secret or other proprietary rights (hereinafter IP Rights), in and to the natchdeal Platform, Mywallet Services, Mywallet or usage data. You shall not reproduce, distribute, transmit, modify, create derivative works, display, perform or otherwise use the natchdeal Platform, Mywallet Services or Mywallet or any of the IP Rights, or attempt to reverse engineer, decompile, disassemble, or derive the source code for the natchdeal Platform or Mywallet or use the natchdeal Platform or Mywallet to create a competing product. Unauthorized use of “natchdeal” as a word, trademark, symbol, device mark or word mark, is strictly prohibited. All rights are expressly reserved by NPL to use the brand of “natchdeal” in all its forms and variations.
12. Disclaimer; No Warranties
- NPL gives no warranty, express or implied, with respect to the natchdeal Platform and Mywallet. To the fullest extent permissible, pursuant to applicable law, NPL and its third-party partners, licensors and suppliers disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. NPL provides the natchdeal Platform and the Mywallet and any other technology and services on the natchdeal Platform are on an “as is”, “where is”, “with all faults” basis.
- No advice or information, whether oral or written, obtained by you from NPL or through the Mywallet or the natchdeal Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, you expressly acknowledge that as used in this section, the term “NPL” includes NPL’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliates. You expressly agree that use of the Mywallet on the natchdeal Platform is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the natchdeal Platform or on the Internet generally.
- The Mywallet and the natchdeal Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. NPL, and its third-party suppliers, licensors, and partners do not warrant that the data, NPL software, functions, or any other information offered on or through the Mywallet Services/natchdeal Platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected.
- NPL and its third-party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the Mywallet Services/natchdeal Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the Mywallet Services/natchdeal Platform or any reference sites/platforms/apps/services at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement.
- This section shall survive termination of the T&Cs. In no event will NPL be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the natchdeal Platform.
13. Waiver and Release
The failure of NPL to exercise or enforce any right or provision of the T&Cs will not constitute a waiver of such right or provision. Any waiver of any provision of the T&Cs will be effective only if in writing and signed by NPL. To the maximum extent permitted by law, you waive, release, discharge and hold harmless NPL, its affiliates, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of the natchdeal Platform or Mywallet.
14. Consent to Electronic Communications and Transactions
By registering to use the Mywallet, you consent to conduct Transactions and receive communications, notices and information from us electronically, whether sent by e-mail or other electronic means. Electronic communications shall be deemed to have been received by you when NPL sends an electronic communication to your e-mail address/mobile number as per our records, or when NPL posts an electronic communication on the natchdeal Platform. The pre-requisites for effective electronic Transactions and communications are as follows: (a) you must have access to the Internet through a broadband connection or mobile data or through any other applications; and (b) you must have a valid e-mail address and mobile number. You can withdraw your consent for electronic communication at any time by contacting NPL, but NPL reserves the right to terminate your Mywallet Account, as the case may be, upon such withdrawal. Withdrawal of your consent for electronic communication will not affect the legal validity and enforceability of any notice, statement or disclosure previously received electronically. You agree to notify NPL promptly if your email address, mobile number or other contact information changes by updating your account information or contacting NPL
15. Limitation of Liability
In no event, NPL or its contractors, agents, licensors, partners or suppliers will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) these T&Cs; (ii) the Mywallet, the natchdeal Platform or any reference site/app/platform/service; or (iii) your use or inability to use the Mywallet, the natchdeal Platform (including any and all materials) or any reference sites/app/platform/service or (iv) any other interactions with NPL, however caused and whether arising in contract, tort including negligence, warranty or otherwise, even if NPL or a NPL authorized representative has been advised of the possibility of such damages. You acknowledge and agree that NPL has offered its products and services, set its prices, and entered into these T&Cs in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and NPL, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and NPL. NPL would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to you subject to applicable law. In such cases, NPL’s liability will be limited to the fullest extent permitted by applicable law. This section of the Mywallet Terms shall survive the termination of these T&Cs.
16. Dispute Resolution
If any dispute, controversy or claim arises under these T&Cs or in relation to a Mywallet or the natchdeal Platform, including any question regarding the existence, validity or termination of the Mywallet Terms or the T&Cs in general or these T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavors to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, NPL may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 2013 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Kozhikode and the language of this arbitration shall be English. Either you or NPL may seek any interim or preliminary relief from a court of competent jurisdiction in Kozhikode necessary to protect the rights or the property belonging to you or NPL (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor NPL may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and NPL. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of these T&Cs.
17. Governing Law
Subject to the Dispute Resolution section above, you agree that any claim or dispute you may have against NPL must be resolved by a court having jurisdiction in Kozhikode, India. You agree to submit to the personal jurisdiction of the courts located within Kozhikode, India, for the purpose of litigating all such claims or disputes. These T&Cs shall be governed by Indian law. This paragraph shall survive termination of these T&Cs.
If any provision of the T&Cs in general or as a whole is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from the T&Cs to the minimum extent required, and the remaining provisions will remain valid and enforceable.
19. Customer Service
Any questions, comments or complaints related to your Mywallet should be referred to natchdeal customer care by email to firstname.lastname@example.org, or by calling our customer service number at +91 9746 247 247.