General Terms and Conditions
These General Terms & Conditions (‘General T&Cs’), its subsets, and other policies (including but not limited to the Cancellation & Refund Policy and Privacy Policy) govern your use of Nakul8 and the Platform. As a visitor of the Platform/Customer (‘you’), you are advised to read these General T&C’s carefully. By accessing the Services provided by the Platform, you agree to the terms provided in these General T&Cs.
Nakul8 may at any time modify/amend these General T&Cs without any prior notification to you. You are advised to regularly review these General T&Cs for any updates or modifications. In the event the modified terms are not acceptable to you, you may discontinue using the Services. However, if you continue to use the Platform and Services, you shall be deemed to have agreed to accept and abide by the modified General T&Cs.
Personal Information
As part of the registration process on the Platform, Nakul8.com may collect the following personally identifiable information about you: First and last name, email address and alternate email address, mobile number, contact details, postal code, demographic profile (like your age, gender, occupation, education, address etc.) and your browsing information on the Platform.
Eligibility
Access to the Services would be available only to selected locations in India. People who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 including undischarged insolvents etc. are not eligible to use the Platform. If you are a minor, i.e. under the age of 18 years but at least 13 years of age, you may use the Services (except Wallet) only under the supervision of a parent or legal guardian who agrees to be bound by these General T&Cs. If your age is below 18 years, you are prohibited from purchasing any product which is for adult consumption and the sale of which to minors is prohibited.
Account & Registration Obligations
1. shall have to register and log in to place orders on the Platform. By registering to the use of Platform, you shall also have access to the Wallet issued by Nakul8.com, use of which shall be governed by Nakul8.com T&Cs as provided below.
2 You need to ensure your account and registration details are correct and updated for communications related to your purchases from the Platform. You are permitted to have only one Nakul8.com account and are not permitted to create multiple accounts. Nakul8.com reserves the right to suspend such multiple accounts without being liable for any compensation. By agreeing to these General T&Cs, you agree to receive promotional communication and newsletters upon registration. You may opt out either by unsubscribing from the ‘My Account’ section or by contacting our customer care through details as provided hereunder.
Pricing
Unless otherwise specified elsewhere, all the products listed on the Platform will be sold at MRP. The prices mentioned at the time of ordering will be the prices charged on the date or time of the delivery. Although prices of most of the products do not fluctuate on a daily basis, some of the commodities and fresh food prices do change on a daily basis. Nakul8.com follows a True Weight Policy (‘True Weight Policy’) with respect to fresh fruits and vegetables. Under the True Weight Policy, the price for fresh fruits and vegetables is only descriptive in nature and may vary based on the actual weight of the fresh fruits/vegetables ordered by you.
Cancellation by Platform/Customer
You can cancel your order until the cancellation option is available in the order details page. In such a case, Nakul8.com will refund any payment already made by you for the order. If Nakul8.com suspects any fraudulent transaction by any customer or any transaction that defies the terms & conditions of using the Platform, Nakul8.com, at its sole discretion, could cancel such orders. Nakul8.com will maintain a negative list of all fraudulent transactions and customers. Nakul8.com would deny access to them or cancel any orders placed by them.
Account & Registration Obligations
1. The Return & Exchange Policy applies to the products purchased from and delivered by Nakul8.com and entitles customers to return products for a refund or exchange the product for a replacement within its eligible return/exchange window, unless the product is identified as non-returnable and/or non-exchangeable on the Product Description Page.
2. The Return & Exchange window of product(s) (if applicable) may vary and will be visible on the Product Description Page of that product. We encourage you to review the Product Description Page for specific return periods, before placing the Order.
3.. Please note that returns and exchanges as per this Return & Exchange policy will be accepted and processed only if:
Product(s) are not damaged while in your possession
Product(s) are not different from what was delivered to you
Product(s) are kept intact with original tags, original packaging, and warranty cards (as the case maybe)
Nakul8.com has inspected the Product and is satisfied that the Product does not have any of the above mentioned issues/concerns
4. Exclusions:
Products marked non-returnable or non-exchangeable in the Product Description page. For such products, please contact the brand's service centre or manufacturer directly, as may be indicated on the Product Description Page and/or the product packaging
Products beyond the specified return or exchange period
Products sold by third party Sellers/Third Party Service Providers (defined below).
5. In an unlikely event of damaged, defective, near expiry, or wrong product being delivered to you, contact us and help us understand and address your concerns.
6. Refunds for returned products will be processed to the customer’s Wallet by default, unless requested otherwise by the customer, in which case such refund will be processed to the source payment account. Any refunds related to Third Party Service Provider’s Products will be processed to the original source account as per the Seller’s policies. You are requested to refer to the specific terms and conditions as applicable to the Products sold by Third Party Service Providers on Nakul8.com.
7. Nakul8.com is entitled to warn, suspend, block, or terminate accounts of customers found to be misusing this policy or taking advantage of instances, including, but not limited to:
Excessive returns or exchanges
Frequent order cancellations
Repeatedly rejecting delivery of confirmed orders
Customer behaviour in contravention of our Terms & Conditions
8. For any additional queries related to refunds, returns and exchange, please write to us at customerservice@Nakul8.com or reach out to our customer support.
No Endorsement
Nakul8.com does not endorse, promote or warrant any goods and/or services that might be or proposed to be bought/availed using the Platform and Services.
Your Obligations:
1. You will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
2. You will not engage in any form of antisocial, disrupting, or destructive acts, including ‘flaming’, ‘spamming’, ‘flooding’, ‘trolling’, and ‘griefing’ as those terms are commonly understood and used on the Internet.
3. You will not discriminate against any third-party service providers, delivery persons, other buyers, etc, based on race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other metric which is deemed to be unlawful under applicable laws. Any credible proof of such discrimination, including any refusal to provide or receive goods or services based on the above metrics, whether alone or in conjunction with any other metric, whether lawful or unlawful, shall render you liable to lose access to the Platform immediately. You will not have any claim towards, and Nakul8.com will not have any liability towards any termination which is undertaken as a result of the aforementioned event. You are expected to respect the dignity and diversity of delivery partners and also enable the provision of a secure and fearless gig/ platform work environment for the delivery partners, including prevention and deterrence of harassment (including sexual harassment) towards delivery partners. Nakul8.com reserves the right to withhold your access to the Platform and otherwise limit your access to the Platform at our absolute discretion if you behave with a delivery partner in a manner that is discourteous, disrespectful, or abusive, or which otherwise may be deemed to be inappropriate or unlawful. You are expected to treat all delivery partners with courtesy and respect. The consequences of any such inappropriate action of yours, including claims made/compensation claimed by any delivery partner, shall be to your account entirely.
4. Goods and services purchased from the Platform are intended for your personal use and you represent that the same are not for resale or you are not acting as an agent for other parties. The Platform is intended to be a platform for end-consumers desirous of purchasing product(s)/availing services for domestic/ self-consumption. If you are a retailer, institution, wholesaler or any other business-to-business user, you are not eligible to use the Platform.
5. The Platform and Services availability is subject to the maintenance of an active mobile number or internet connection with an associated telecom provider, and you are solely responsible for all liability arising from unavailability of the Platform due to a deficient mobile handset or the internet service provider not being able to support operations of the Platform and Services.
6. 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 the disclosure of the Password and/or the unauthorised use of the Platform and Services. In case the Password is lost or misplaced, you shall promptly inform Nakul8.com by calling on the customer care number, 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 Nakul8.com account is lost/stolen/misplaced/no longer in your control, you shall promptly inform Nakul8.com. Nakul8.com will, upon receipt of such information, block the relevant account.
7. As Nakul8.com is providing Services in the selected cities of India only, it has complied with applicable laws of India in making the Platform and its content available to you. In the event the Platform is accessed from outside India or outside our delivery zones, it shall be entirely at your risk.
8. You acknowledge and understand that the Platform and the Services are linked to your mobile number, and you shall be solely responsible for any liability arising out of the loss/theft/misuse of the mobile number or deactivation of mobile connection by the concerned telecom service provider.
9. You shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. Nakul8.com reserves its right to prohibit any such activity.
10. You shall not attempt to gain unauthorised access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, ‘password mining’ or any other illegitimate means.
11. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name ‘Nakul8.com’, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Nakul8.com or Third Party Service Providers on this Platform or otherwise tarnish or dilute any Nakul8.com’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Nakul8.com’s systems or networks, or any systems or networks connected to Nakul8.com.
12. You acknowledge that the delivery time quoted at the time of confirming the order is an approximate estimate and may vary due to operational exigencies, and Nakul8.com will not be responsible for any delay in the delivery of an order.
13. You acknowledge and agree that information submitted by you for availing the Services and/or information submitted while using the Services may be shared by Nakul8.com with any affiliate of Nakul8.com or any third party, inter alia, to facilitate the provision of Services, and hereby consent to the same.
Colours
Nakul8.com has made every effort to display the colours of our products that appear on the Platform as accurately as possible. However, as the actual colours you see will depend on your screen, Nakul8.com cannot guarantee that your screen’s display of any colour will be accurate.
Governing Law and Jurisdiction
1. These General T&Cs shall be construed in accordance with the applicable laws of India. The Courts at Bangalore shall have exclusive jurisdiction in any dispute arising out of these General T&Cs.
2. Any dispute or difference either in interpretation or otherwise, of any terms of these General T&Cs between the parties hereto shall be referred to an independent arbitrator who will be appointed by Nakul8.com and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Bangalore. The High Court at Bangalore alone shall have the jurisdiction, and the Laws of India shall apply.
Reviews, Feedback, Submissions
1. All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions, if disclosed, submitted or offered on or to this Platform or otherwise disclosed, submitted or offered in connection with your use of the Services (collectively, the “Comments”) shall be, and remain, the property of Nakul8.com. Such disclosure, submission or offer of any Comments shall constitute an assignment to Nakul8.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Nakul8.com owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Nakul8.com is and shall be under no obligation:
(1) to maintain any Comments in confidence;
(2) to pay you any compensation for any Comments; or
(3) to respond to any Comments.
2. You agree that any Comments submitted by you to the Platform will not violate these General T&Cs or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Platform will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of ‘spam’. Please note that all reviews submitted by you are subject to checks and moderation by Nakul8.com.
3. Nakul8.com reserves the right to publish, moderate, solicit or withhold reviews or comments and ratings with no liability. You grant Nakul8.com the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make, and you agree to indemnify Nakul8.com and its affiliates for all claims resulting from any Comments you submit. Nakul8.com and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Intellectual Property Rights and Limited License to Access
1. Nakul8.com, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials that appear on and are embedded in the Platform. All software used on the Platform is the property of Nakul8.com or its licensees and suppliers and protected by Indian and international copyright laws. The content and software of the Platform may be used only as a shopping resource.
2. Nakul8.com grants you a limited license to access and make personal use of the Platform and not to download (other than page caching), reproduce, duplicate, copy or modify it, or any portion of it, except with the express written consent of Nakul8.com. This license does not include any resale or commercial use of the Platform, its content or any third party content hosted on it; any collection and use of any product listings, descriptions, or prices; any derivative use of the Platform or its content; any downloading or copying of account information for commercial gains or benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
14.3. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Platform or of Nakul8.com and its affiliates without express written consent.
14.4. You may not use any meta tags or any other ‘hidden text’ utilising the Platform’s or Nakul8.com’s name or trademarks without the express written consent of Nakul8.com.
14.5. References on this Platform to any names, marks, products or services of third parties or hypertext links to third party sites or information provided solely as a convenience to you and do not in any way constitute or imply Nakul8.com’s endorsement, sponsorship or recommendation of the third party, information, product or service. Nakul8.com is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third-party websites, you do so entirely at your own risk.
14.6. Any unauthorised use shall terminate the permission or license granted herein by Nakul8.com.
Objectionable Material
You understand that by using the Platform or any Services provided on the Platform, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Platform and any service at your sole risk and that, to the fullest extent permitted under applicable law, Nakul8.com and its affiliates shall have no liability to you for content that may be deemed offensive, indecent, or objectionable to you.
Indemnity
You agree to defend, indemnify and hold harmless Nakul8.com, its employees, directors, officers, agents and their successors and assigns from and against any claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Nakul8.com or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under these General T&Cs or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of these General T&Cs.
Confidentiality
You specifically agree that to facilitate access to the Platform, Nakul8.com may be required to disclose any information or particulars pertaining to you to any authority, statutory or otherwise or any third party.
Assignment: Restrictions on Information Sharing; Privacy
1. These General T&Cs, and any rights granted hereunder, may not be transferred or assigned by you without Nakul8.com’s prior written consent, which may be withheld in Nakul8.com's sole discretion, but these General T&Cs, and any rights granted hereunder, may be assigned by Nakul8.com 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.
2. Nakul8.com, 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 Nakul8.com’s products and services offering any products or services from the Platform, and conducting customer research or satisfaction surveys. Any such sharing will comply with applicable laws, and these companies are obligated to protect your personal information under applicable law.
3. You represent that you have read, understood and agreed to Nakul8.com’s Privacy Policy. It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities − for Nakul8.com to disclose your personal information. Nakul8.com may also disclose information about you if Nakul8.com determines that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.
4. Nakul8.com may also disclose information about you if Nakul8.com determines that disclosure is reasonably necessary to enforce these General T&Cs or protect Nakul8.com’s operations or users. Additionally, in the event of a reorganisation, transfer, merger, or sale of all or any portion of Nakul8.com’s business or products or services offered through the Platform to any person (including any affiliates), Nakul8.com may transfer any and all personal information that Nakul8.com 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.
5. Nakul8.com’s privacy policy applies to the use of the Platform, and its terms are made a part of these General T&Cs by this reference. Additionally, by using the Platform, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the Platform may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Waiver and Release
The failure of Nakul8.com to exercise or enforce any right or provision of these General T&Cs will not constitute a waiver of such right or provision. Any waiver of any provision of these General T&Cs will be effective only if in writing and signed by Nakul8.com. To the maximum extent permitted by law, you waive, release, discharge and hold harmless Nakul8.com, 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 Platform or Wallet.
Limitation of Liability
In no event, Nakul8.com 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 General T&Cs; (ii) the Wallet, the Platform or any reference site/app/platform/service; or (iii) your use or inability to use the Wallet, the Nakul8.com Platform (including any and all materials) or any reference sites/app/platform/service or (iv) any other interactions with Nakul8.com, however caused and whether arising in contract, tort including negligence, warranty or otherwise, even if Nakul8.com or a Nakul8.com authorised representative has been advised of the possibility of such damages. You acknowledge and agree that Nakul8.com has offered its products and services, set its prices, and entered into these General 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 Nakul8.com, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Nakul8.com. Nakul8.com 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, Nakul8.com’s liability will be limited to the fullest extent permitted by applicable law. This section of the Wallet Terms shall survive the termination of these General T&Cs.
Severability
If any provision of these General T&Cs or as a whole is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from the General T&Cs to the minimum extent required, and the remaining provisions will remain valid and enforceable.
