WEBSITE TERMS OF USE

Introduction

This document is an electronic record in terms of the Information Technology Act, 2000 (as may be amended, modified, re-enacted, consolidated or replaced from time to time) and rules thereunder pertaining to electronic records in various statutes as applicable and amended from time to time, and is published in accordance with the provisions of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 which mandates the publishing of rules and regulations, privacy policy and the terms and conditions for access or usage of the websites, namely, website: https://www.niine.com/ (hereinafter referred to as the “Website”)

For the purpose of these terms of use (“Terms of Use”), wherever the context so requires, "You", "User" or “Your” shall mean any natural or legal person who access, uses or visits the Website and/or any other person who browse the Website. The terms "Company", "We", "Us", "Our" shall mean Niine Private Limited, a company duly incorporated under the provisions of Companies Act, 2013, having its registered office at No. 402, Gallant Landmark, Bank Nagar, Gorakhpur, Uttar Pradesh 273001 and corporate office at 408/409, 4th Floor, Global Foyer Complex, Sector 43, Gurugram, Haryana 122002.

Users understand that Company owns, hosts and maintain the Website and these Terms of Use, Privacy Policy and the Cookie Policy (collectively “Company Policies”) shall constitute a legally binding obligation between the User and the Company.

The Website provides You information/content with respect to the range of products offered by the Company, testimonials, Our initiatives, media highlights and the activities that the Company is engaged in, including but not limited to the awareness campaigns organized by the Company qua menstrual hygiene etc. All the information and/or content provided on the Website is for the User’s information and education only, and the access to this Website is subject to the prior acceptance of this Terms of Use and, the terms and conditions mentioned herein under.

The User by accessing, browsing or using the Website and by providing any information through the Website, impliedly or expressly, hereby accepts these Terms of Use and enters into a binding contract with the Company. It is thereby acknowledged that the User has read, understood these Terms of Use and is bound by them, regardless of how the User or anyone on the User’s behalf has accessed or used the Website. If the User does not want to be bound by the Terms of Use, they must not access and/or use the Website in any manner whatsoever. The following terms and conditions and any amendment or modification made thereto, govern the use of this Website and any content made available from or through this Website.

We may change these terms at any time without any prior notice in writing or otherwise to the User, by posting changes on the Website. The User may review these terms regularly to ensure that the User is aware of any changes made by Us. The continued use of Our Website by the User, after changes are posted means that the User agrees to be legally bound by these terms as updated and/or amended. In the case of any violation of these Terms of Use or any additional terms posted on Website, We reserve the right to seek all remedies available in law and in equity for such violations.

General:

We do not guarantee that the Website, or any content/information on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We will not be liable to the User if for any reason the Website or its content is unavailable at any time and/or for any period.

The User is responsible for making all arrangements necessary for the User to access the Website (including, having access to an internet connection and an appropriate browser).

Term: These Terms of Use shall continue to be valid and binding upon the Users until, the User continues to access and use the Website. We may suspend or terminate the User from the use of the Website at Our sole and absolute discretion without any notice and cause. Notwithstanding anything stated under these Terms of Use, these Terms of Use will survive indefinitely unless and until We choose to terminate them.

Eligibility:

a. The User must be competent and eligible to enter into legally binding agreement as determined by the provisions of Indian Contract Act, 1872.

b. The User must be above 18 (eighteen) years of age and must be a citizen of India. However, if the User is below 18 (eighteen) years of age then the User must obtain consent from their parent(s) or legal guardian(s). In the event a minor uses/access the Website, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The parent(s) or legal guardian(s) accept these Terms of Use and agree to take responsibility for: (i) User’s actions; (ii) User’s use of any of the services, information and functions made available on the Website; and (iii) User’s acceptance and compliance with these Terms of Use. If the User is below 18 (eighteen) years of age and does not have consent of their parent(s) or legal guardian(s), User must stop using/accessing the Website.

c. Company will not be responsible for any consequence that arises as a result of misuse of any kind of Our Website that may occur by virtue of any person including a minor accessing the Website. You acknowledge that Company does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria.

d. The User should be of sound mind and should have a firm contractual capacity.

Acceptable Usage:

a.The User will not copy, reproduce, republish, download, make available to the public, or otherwise use Our Website and/or content/information in any way except for the User’s own personal and non-commercial use. The User also agrees not to adapt, alter or create a derivative work from any part of Our Website and/or content/information except for the User’s own personal and non-commercial use. Any other use of Our Website and/or content/information requires Company’s prior written permission.

b.The User agrees to use Our Website only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else's use of Our Website.

c.Any commercial or promotional distribution, publishing or exploitation of the Website or any content, information, code, data or materials available on or available through the Website, is strictly prohibited. Other than as expressly allowed herein, the User must not (i) download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Website; (ii) circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Website therein or probe, scan, or test the vulnerability of any of Our systems; and (iii) in any way use the Website to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as Company); or interfere with, or disrupt, (or attempt to do so), the access of any User, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Website. The User further agrees that he/she/it may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Website, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. The User acknowledges that he/she/it does not acquire any ownership rights by downloading any copyrighted material from or through the Website. If the User makes other use of the Website, or the content, code, data or materials thereon or available through the Website, except as otherwise provided above, the User may violate copyright and other laws of India, other countries, as well as applicable laws and may be subject to liability for such unauthorized use.

d.The User must not misuse Our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. The User must not attempt to gain unauthorised access to Our Website, the server on which Our Website is stored or any server, computer or database connected to Our Website.

e.In connection with submissions by Users, User further agrees that he/she/it will not submit material that is personal information of himself or a third party; copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless he/she/it is the owner of such rights or have permission from their rightful owner to post the material and to grant Company all of the license rights granted herein.

f.Company does not endorse any User submission or any opinion, recommendation, or advice expressed therein, Company expressly disclaims any and all liability in connection with User submissions. Company does not permit copyright infringing activities and infringement of intellectual property rights on its Website, will remove all content and User submissions if properly notified that such content or User submission infringes on another's intellectual property rights. Company reserves the right to remove content and User submissions without prior notice.

Content:

a.The content of the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only. Reliance on any information appearing on the Website, whether provided by Company, independent professionals/consultants/experts, visitors to the Website or others, is solely at the User’s own risk. THE INFORMATION ON THE WEBSITE IS NOT INTENDED FOR, OR TO REPLACE CONTRACEPTIVE OR MEDICAL PURPOSES. BY USING THE WEBSITE, YOU AGREE TO USE THE WEBSITE FOR THE INTENDED INFORMATION, PREDICTION AND COMMUNICATION PURPOSES ONLY AND PARTICULARLY NOT FOR CONTRACEPTION AND/OR ANY MEDICAL PURPOSES. ANY INFORMATION THAT MAY BE SHARED BY AN INDEPENDENT PROFESSIONALS/CONSULTANTS/EXPERTS ON THE WEBSITE SHOULD NOT BE MISCONSTRUED AS MEDICAL ADVICE, PRESCRIPTIONS, OR DIAGNOSES AND THE USER AGREES TO CONSULT A MEDICAL EXPERT/ MEDICAL PROFESSIONAL/ MEDICAL PRACTITIONER IN CASE OF ANY INDIVIDUAL HEALTH RELATED QUESTIONS AND/OR ISSUES.

b.The User may be able to link from the Website to third party sites and third-party sites may link to the site (“linked sites”). The User acknowledges and agree that We have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through linked sites. Links to linked sites do not constitute an endorsement or sponsorship by Us of such sites or the information, content, products, services, advertising, code or other materials presented on or through such sites. The inclusion of any link to such sites on Our Website does not imply Company’s endorsement, sponsorship, or recommendation of that site and/or any product sold on or any service rendered by such site. Company disclaims any liability for links (1) from another site to this Website and (2) to another site from this Website. We cannot guarantee the standards of any site to which links are provided on this Website, nor will be held responsible for the contents of such sites, or any subsequent links. We do not represent or warrant that the contents of any third-party site are accurate, compliant with applicable law, or compliant with copyright or other intellectual property laws. Also, We are not responsible for any form of transmission received from any linked site.

Conduct:

a.Your use of the Website and conduct on the Website must comply with applicable laws or regulations of India. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to You.

b.You are responsible for Your activities on the Website. In addition to any restrictions in the Terms of Use, You agree that You will not:

  • i.engage in any activity that would require Company to obtain licenses from or pay royalties to any third party;
  • ii.impersonate another person, gain unauthorized access, or otherwise deceive or mislead others about the origin of the content or information;
  • iii.abuse Company’s resources, including support services

c.Without limitation, transmit, or cause to be transmitted, any communication or solicitation or other "phishing", "pharming" or "whaling" message designed or intended to obtain password, account, personal information, confidential information or private information from any User of the Website or any other third party whatsoever. However, if any such event does take place, Company shall not be liable for any loss of data or if the User’s device, computer or any other property is compromised in any manner.

d.You acknowledge and agree that Company has the right to report any and all suspicious or illegal activity which shall come into Company’s knowledge, to the appropriate legal or police authorities without notice to You.

System Requirements:

Company’s services including the Website and content, are compatible only with certain devices/tablets/instruments/hardware with high-speed internet and certain software. Company shall not be obligated to provide workable products and/or services for any instruments that are not recognized by Company or those instruments that may be purchased from any third party which are not compatible with the Company’s services. Company reserves the right to upgrade the table/ type of compatible devices as required from time to time.

No Liability:

a.The content and other information on this Website is provided on an "as is" basis. To the fullest extent permitted by law, Company:

  • ii.excludes all representations and warranties relating to this Website and its content or which is or may be provided by any other third party, including in relation to any inaccuracies or omissions in this Website; and
  • iii.excludes all liability for damages arising out of or in connection with the disclosure of the information and/or User’s use of this Website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or the User have advised Company of the possibility of such potential loss), damage caused to the User in any manner whatsoever including but not limited to the User’s computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

b.The use of this Website is entirely at the User’s own risk, and in no event, shall Company be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or any other monetary or other damages, fees, fines, penalties or liabilities arising out of or relating in any way to this Website or site accessed through this Website, and/or content or information provided herein. COMPANY AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION OF A USER, BASED ON THE CONTENT AVAILABLE ON THE WEBSITE. USER MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY AND ALL CONTENT/INFORMATION ON THE WEBSITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT/INFORMATION. The User’s sole and exclusive remedy for dissatisfaction with the Website is to stop using the Website.

Indemnity:

a.The User agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents, representatives from and against any/all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to these Terms of Use.

b.The User agrees that the User is solely responsible for anything he/she/it may post such as any information, content, User information, personal or sensitive data or any sort of query, response, information, etc. on the Website, and that the User agrees to defend, indemnify, and hold Company, its officers, directors, employees, agents and representatives harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from the User’s violation of these Terms of Use or any claims based upon the User’s posts/submissions on the Website.

Intellectual Property Rights:

The Website, contents and services are owned and operated by Company. The trademarks, logos and service marks or any other right associated with intellectual property displayed on the Website shall be the property of Company or respective third parties. The User is not permitted to use the same for any purposes whatsoever.

b.Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Company owns all intellectual property rights to and into the trademark “Niine” and the Website including, without limitation, any/all rights, title and interest in and to trade names, service marks, logos, domain name, copyright, related rights, patents, utility models, designs, know-how, trade secrets, designs, graphics and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. The User acknowledges and agrees that he/she/it shall not use, reproduce or distribute any content from the Website belonging to Company.

c.The User agrees and acknowledges that any infringement of the intellectual property rights of Company will result in legal action against the User.

d.Certain contents on the Website may belong to third parties, You recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such third party. Company respects the intellectual property of others, and We ask Users to do the same. Company has no responsibility for content on other apps linked to the Website that You may find or access. It is Company's Policy, in appropriate circumstances and at its discretion, to disable the usage of Website by Users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Company and/or others.

Warranty:

a.All content is available on "as is" and “as available” basis, without any warranties, representations, or guarantees of any kind, either express or implied. Company disclaims any/all implied warranties in respect of content on Website. The opinions expressed in Website are the opinions of the individual author/independent professional, consultant or expert and do not reflect the opinions of the Company. Company shall not be liable to update or ensure continuity of information or content contained on the Website. Company would not be responsible for any errors, which might appear in such information, which is compiled from third party sources or for any unavailability of such information or content on the Website.

b.From time to time the Website may also include links to other website(s). These links are provided for Your convenience to provide further information. They do not signify that Company endorse the website(s). Company assumes no responsibility for the content of the linked website(s). You may not create a link to the Website from another website or document without the Company’s prior written consent.

c.Company makes no warranties or representations about the accuracy or completeness of the Website's content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) any unauthorized access to or use of Our secure servers and/or any and all personal information and/or financial information stored therein, (iii) any interruption or cessation of transmission to or from the Website. We do not guarantee that the Website will be secure or free from bugs or viruses and the Users should use their own virus protection software, and/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website. Company does not warrant, endorse, guarantee, or assume responsibility for any hyperlinked app/website/content or featured in any banner or other advertising, and Company will not be a party to or in any way be responsible for any transaction between You and third-party providers of products or services.

d.In the preparation of the Website and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, Company disclaims any responsibility for any errors and accuracy of the information that may be contained on the Website. Any feedback from User is most welcome to make the Website and contents thereof error free and user friendly.

e.While Company has made efforts to train the personnel engaged in the service relating to the Website to enable quality control, Company makes no warranties or representations whatsoever regarding the quality and competence of such personnel and would not be responsible for any deviant behaviour of any such personnel. Any feedback from User relating to the same is most welcome and Company reserves the right and discretion to take any action in this regard.

Modification and Amendment:

Company has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Website as it deems fit at any time without notice. Further, Company has the right to amend these Terms of Use from time to time without prior notice to You. Company makes no commitment, express or implied, to maintain or continue any aspect of the Website. You agree that Company shall not be liable to You or any third party for any modification, of the Website.

Complaints:

Company make all best endeavors to provide User with a pleasant experience. In the event, User have any questions, comments, complaints and requests regarding these Terms of Use or Company Policy, such User may address the same to the designated grievance officer in respect of the Website. Any complaints or concerns with regards to any content on the Website or any breach of the Terms of Use or Company Policy can be directed to the designated officer in writing and the details are as follows:

A complaint, concern or query in relation to collaborations or careers may be raised through an email to care@niine.com.

Applicable Law and Jurisdiction

These Terms of Use are governed by the Indian laws, without respect to its conflict of laws principles. The parties expressly agree that in case of any dispute arising out of services rendered, access or use of the Website or content/information provided therein, they shall make all attempts to resolve it by amicable settlement and discussion, the courts at Gorakhpur, Uttar Pradesh shall have the exclusive jurisdiction in respect of any and all legal dispute or matter arising out of User’s use and access of the Website.

Entire Agreement:

These Terms of Use, along with the Company’s Policies shall constitute the entire agreement between the parties and supersedes all other terms and conditions and/ or agreements relating to the subject matter, and set out the complete legal relationship between Company and any other party arising from or connected with the subject matter. For the avoidance of doubt, in the case of any conflict between these Terms of Use, and any other agreement, these Terms of Use shall apply.

Severability:

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.

Notices:

Any/all notices, statements or other communication relating to any disputes, grievances experienced by the User shall be given or made in writing in the English language and delivered by electronic mail or sent by prepaid post with recorded delivery addressed to Us at the following address:

Niine Private Limited
Address: Unit 9, 4th Floor, Global Foyer, Golf Course Road, Sector 43, Gurugram, Haryana 122002
E-mail Address: care@niine.com

Company provides these Terms of Use so that You are aware of the terms that apply to Your use or access of the Website. You acknowledge that, Company has given You a reasonable opportunity to review these Terms of Use and that You have read, understood and unconditionally agreed to them.

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