Introduction & Acknowledgement
Nutrikosh India Private Limited (the “Company”) maintains this website www.nkosh.in and mobile app – NKOSH on Google Android Play store mobile optimized versions of the Website, digital applications, and other media formats for the purposes of use and promotion of the Company (collectively and individually, the "Website") for providing buyers and sellers better prices, increased working capital and optimised logistics. Access and use of this Website by you are governed exclusively by these terms and conditions ("Terms and Conditions").
The Terms and Conditions is between you and the Company. User understands and accepts that the Company maintains the website (defined herein below) to provide visitors with information about the Company, its services (defined herein below) and products. You also accept that you are required to read the below mentioned Terms and Conditions, and any use of the Website constitutes your acceptance and agreement to be bound by such terms, and the changes made to this Terms and Conditions from time to time, relating to your usage of the Website as communicated and made available on the Company’s Website
DEFINITIONS AND INTERPRETATION
Unless the context otherwise requires, for the purpose of these Terms and Conditions, the following terms shall have the meaning ascribed to them hereunder:
“Applicable Law”means all laws, ordinance, statutes, rules, orders, decrees, injunctions, licences, permits, approvals, authorizations, consents, waivers, privileges, agreements and regulations of any governmental authority / court of law having jurisdiction over the relevant matter including any interpretations thereof, in effect.
“Intellectual Property Rights”means all patents, designs and drawings, trademarks, service marks, logos, domain names and utility models, copyrights, inventions, brand names and business names and any similar rights and the benefit (subject to the burden) of any of the foregoing (in each case whether registered or otherwise, and includes applications for the grant of any of the foregoing and the right to apply for any of the foregoing in any part of the world).
"Services" means and includes disbursal of loans to buyers, enabling immediate payment to suppliers, buyer and seller ratings to bring accountability, incentivise good behaviour and address trust deficit, easy and convenient bookkeeping, managing large value transactions, access to the largest network of verified buyers and sellers with accurate price data and aggregation to reduce cost, eliminate wastage and cater to partial truck load requirements.
“Transaction Documents” ” means the various documents required to be executed by a User to obtain the Services of the Company on and / or from the Website.
“User(s) / you” means you, and does not include your permitted assigns, successors, heirs and legal representatives, unless the context requires otherwise.
“User Account” means the personal online account created by User to gain access and use the Website.
Accordingly, the terms “Nutrikosh India”, "Nkosh" “website”, “we”, “our” and “us” in these Terms and Conditions refer to the Company.
User acknowledges and agrees that the Company owns all legal right, title and interest in and to the Services, including any Intellectual Property Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). User further acknowledges that the Services may contain information which is designated confidential by the Company and that User shall not disclose such information without the Company's prior written consent.
Unless User has agreed otherwise in writing with the Company, nothing in these Terms and Conditions gives the User a right to use any of the Company's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
Unless you have been expressly authorized to do so in writing by the Company, User agrees that in using the Services, User will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
To access the Services or the Website a User must first register an account with the Website (“User Account”). A User must be at least 18 (eighteen) years of age to be eligible to register an account with us.
By registering an account with us (“Registered User”), User represents and warrants that you are at least 18 years old, that all information you submit is true, accurate and complete and you shall comply with these Terms and Conditions. User further represents and warrants that: (a) all required registration information submitted by User is truthful, accurate and complete; and that (b) User will maintain the accuracy of such information.
User will be solely responsible for maintaining the confidentiality of their User Account and login details, and we will not be responsible for misuse of your User Account by any third party, whether authorized by you or not. A User may never use another User’s account without Page 3 permission of such User and us. User is also prohibited from sharing their log-in details or allowing anyone access to their account or do anything that might put their User Account at risk.
Users are responsible for any activity on the Website arising out of any failure to keep their User Account confidential and may be held liable for any losses arising out of such a failure. User agrees to notify us immediately of any unauthorized use of their User Account or any other breach of security.
The Company reserves the right to refuse to offer access to or use of the Website to any person or entity at the Company’s sole discretion including by changing its eligibility criteria at any time.
User agrees that their use of website shall be at their own risk. To the fullest extent permitted by law, the company and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, suppliers, and agents disclaim all warranties, express, implied, statutory or otherwise, and make no warranties, representations, or guarantees in connection with the website, the services offered on or through the website, any data, materials, content, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on the website, including without limitation the materials, data and submitted content of other user of this site or other third parties. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, the website, the services offered on or through the website, data, materials, submitted content, and any information or material contained or presented on the website is provided to you on an “as is”, “as available” and “where is” basis with no warranty, express or implied, of merchantability, fitness for a particular purpose, or non-infringement of third-party rights.
The Company does not provide any warranties against errors, mistakes, or inaccuracies of data, content, information, materials, substance of the website, postings, feedback or content, any unauthorized access to or use of our secure servers and / or any and all personal information and / or financial information stored therein, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website, any interruption or cessation of transmission to or from the website, any defamatory, offensive, or illegal conduct of any third party or user, or any loss or damage of any kind incurred as a result of the use of any data, content, information, materials, substance of the website or content posted, emailed, transmitted, or otherwise made available via website.
The Company does not endorse, warrant, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked site or featured in any banner or other advertisement. The company will not be a party to or in any way be responsible for monitoring any transaction between you and any party, including third party providers of products or services. As with the use of any product or service, and the publishing or posting of any material through any medium or in any environment, you should use your best judgment and exercise caution where appropriate
When registering with mobile number on Nkosh App, User authorises and gives consent to the Company to send, either through any third party service provider, from time to time, various information/alerts/SMS/WhatsApp Messages/Calls or commercial communication, and other services on the aforesaid listed telephone/mobile numbers, whether these numbers are registered with National Do Not Call Registry/listed in National Customer Preference Register or not.
User cannot hold the Company or its third party service provider liable/institute complaint under the Telecom Commercial Communications Customer Preference (TRAI) Regulations, 2010 or such other applicable regulations including amendment thereof, as may be applicable from time to time.
User can stop this service, by writing an email to [email protected]in or calling customer support number +91-7510001507.
LIMITATIONS OF LIABILITY In no event shall the Company, its affiliates or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, suppliers, attorneys or agents, be liable to a user for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from any
- (i) Access to or use of the Website;
- (ii) Errors, mistakes, or inaccuracies of data, Intellectual Property Rights, content, information, materials or substance of the Website.
- (iii) Any unauthorized access to or use of our secure servers and / or any and all personal information and / or financial information stored therein.
- (iv) Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party.
- (v) Any interruption or cessation of transmission to or from the website.
- (vi) Any errors or omissions in any data, content. information, materials or substance of the website or content;
- (vii) Any failed negotiations for purchase of fractional ownership of any listed property on the website, any disputes that arise during or after the negotiation for purchase of fractional ownership of any listed property on the website, or any other dispute that arises between users of the website.
- (viii) Any defamatory, offensive, or illegal conduct of any third party or user.
The fore going limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
In no event shall the total aggregate liability of the company, or any of the above-referenced respective parties, arising from or relating to the website, exceed the total amount actually paid to the Company by a User with respect to the Services under which such liability arose.
BREACH OF TERMS AND CONDITIONS Without prejudice to the Company’s other rights under the Terms and Conditions, if a User breaches any provisions of these Terms and Conditions in any way, or if the Company reasonably suspects that a User has breached these Terms and Conditions in any way, the Company may take such action as it deems appropriate to deal with the breach, including
- (a) Temporarily suspend such User’s access to the Website.
- (b) Permanently prohibit such User from accessing the Website.
- (c) Blocking computers / devices using such User’s IP address from accessing the Website
- (d) Contacting any or all of such User’s internet service providers and request that they block such User’s access to the Website.
- (e) Commence legal action against such User, whether for breach of contract or otherwise; and/or/
- (f) Suspend or delete such User’s User Account.
MODIFICATIONS TO OUR TERMINATION OF THE WEBSITE
Modification or Cessation of Website The Company reserves the right to, at any time and from time to time, modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice and in its sole discretion. Users agree that the Company shall not be liable to the User or to any third party for any modification, suspension or discontinuance of the services offered by the Company.
Termination by The Company User hereby acknowledge and agree that the Company, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate User Account, block User’s email or IP address, cancel the Website or otherwise terminate User’s access to or participation in the use of the Website (or any part thereof), or remove and discard any content submitted by User on the Website, immediately and without notice, for any reason, including without limitation, User Account inactivity or if the Company believes or has reason to believe that the User has violated any provision of the Terms and Conditions.
Effect of Termination Upon termination of the User Account, User’s right to participate in the Website, including, but not limited to, User’s right to receive any rental shall automatically terminate. User acknowledges and agrees that right to receive any rental accrued for the period prior to termination is conditional upon User having
- (i) Properly used the Website.
- (ii) Adhered to the Terms and Conditions.
- (iii) Maintained continuous activation of User Account, and
- (iv) Participated on the Website. In the event of termination, the User Account will be disabled and the User may not be granted access to the User Account or any files or other data contained in User Account. Notwithstanding the foregoing, residual data may remain in the Company’s system.
Upon termination of Service, User’s access to the Website shall be immediately revoked. The provisions of these Terms and Conditions which by their very nature are intended to survive termination, shall survive expiration or termination of the Website or User Account.
Governing Law and Jurisdiction The Terms and Conditions shall be governed in all respects by the laws of India and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in [Haryana], India.
Advertisements The Company may display advertisements and promotions on the Website. The manner, mode and extent of advertising by the Company on the Website are subject to change and the appearance of advertisements on the Website does not imply endorsement by the Company of any advertised products or services. The User agrees that the Company shall not be responsible or liable for any loss or damage of any sort incurred by the User as a result of any such dealings or as the result of the presence of such advertisers on the Website.
Assignment The Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by the User, but may be assigned by the Company without restriction.
No Agency or Partnership No agency, partnership, joint venture, or employment is created as a result of the Terms and Conditions or User’s use of any part of the Website, including without limitation, the contract between the User and The Company. User does not have any authority whatsoever to bind the Company in any respect. Neither the Company nor any User of the Website may direct or control the day-to-day activities of the other or create or assume any obligation on behalf of the other.
Force Majeure Neither the Company nor the User shall be liable to the other for any delay or failure in performance under the Terms and Conditions, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
No Third-party Beneficiaries User agrees that, except as otherwise expressly provided in the Terms and Conditions, there shall be no third-party beneficiaries to the Terms and Conditions.
Notice User agrees that The Company may provide the User with notices, including those regarding changes to the Terms and Conditions, by email, regular mail, or postings on the Website.
Severability If any provision of the Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect.
No Waiver No waiver of any provision of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and The Company’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.