TERMS & CONDITIONS
PLEASE READ THESE TERMS OF USE AND ANY HYPERLINKED POLICIES (COLLECTIVELY THE "AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITES AND SERVICES OFFERED BY Varulaadharam Ventures Pvt Ltd. ("Nalladhu"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITES AT Nalladhu.COM (HEREINAFTER COLLECTIVELY REFERRED TO IN THE SINGULAR AS THE "SITE") AND ALL SERVICES PROVIDED BY Nalladhu ON THE SITE (THE “SERVICES”). BY USING THE SITE AND SERVICES OFFERED BY Nalladhu (INCLUDING THE Nalladhu APP), AND INCLUDING BUT NOT LIMITED TO BROWSING THE SITE, YOU, WHETHER AN INDIVIDUAL OR AN ENTITY, (THE “USER” OR “YOU”) ARE EXPRESSLY AGREEING TO BE BOUND BY THESE TERMS OF USE INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK. BY USING THE SITE AND SERVICES OFFERED BY Nalladhu YOU HEREBY WAIVE ANY AND ALL CLAIMS CHALLENGING THE APPLICABILITY OR BINDING NATURE OF THE TERMS OF USE. THESE TERMS OF USE APPLY TO ALL USERS OF THE SITE, INCLUDING WITHOUT LIMITATION USERS WHO ARE VENDORS, CUSTOMERS, MERCHANTS, SERVICE PROVIDERS, CONTRIBUTORS OF CONTENT, INFORMATION AND OTHER MATERIALS OR SERVICES ON THE SITE. IF YOU DO NOT AGREE WITH THE TERMS OF USE, PLEASE DO NOT USE THE SITE. Please note that Section 6 below contains an arbitration clause and class action waiver. By agreeing to the Terms of Use, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions
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Nalladhu is a Marketplace/Venue
Nalladhu acts as a marketplace/venue to allow users who comply with Nalladhu's Terms of Use and policies to offer, sell and buy services. While Nalladhu has processes in place to review the products to vet buyers, service providers and sellers, it cannot guarantee the truth, accuracy or legality of listings or the ability of sellers to sell items or ability of service providers to provide service or the ability of buyers to pay for items. Nalladhu also cannot ensure that a buyer or seller or service providers will actually complete a transaction or guarantee the true identity, age, and nationality of a user. Nalladhu encourages you to communicate directly with potential transaction partners through your own means. You may also wish to consider using a third-party service or services that provide additional user verification. You agree that to the fullest extent protected by law, Nalladhu is a marketplace/venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or third parties on Nalladhu. YOU USE THE Nalladhu SERVICE AT YOUR OWN RISK AND AGREE THAT THE SITE IS PROVIDED TO YOU WITH ALL FAULTS, INCLUDING NO PROMISE OF CONTINUOUS SERVICE (SEE SECTION 16 BELOW). PLEASE ALSO SEE THE SECTIONS ON NO WARRANTIES (SECTION 11), LIMITATION ON LIABILITIES (SECTION 12) AND INDEMNITIES (SECTION 15) BELOW.
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Membership
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Age
Nalladhu's services are available only to, and may only be used by, individuals who are 18 years of age and older who can form legally binding contracts. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Nalladhu may, in its sole discretion, refuse to offer access to, or use of the Site to, any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. Individuals under the age of 18 must at all times use Nalladhu's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all such cases, the adult is the User and is responsible for any and all activities.
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Compliance
You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by Nalladhu's policies as stated in the Terms of Use as well as all other Nalladhu Standard, policies and procedures that may be published from time to time on the Site by Nalladhu, each of which is incorporated herein by reference and each of which may be updated by Nalladhu from time to time without notice to you. To the fullest extent permitted by law, you hereby waive any and all claims and rights with respect to notice of changes to the Terms of Use or other associated policies. In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by Nalladhu from time to time; your use of such services is subject to those additional terms, conditions and policies, which are incorporated into this Agreement by this reference.
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Password
Your password is your responsibility. Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Nalladhu of any unauthorized use of your password or any breach of security. You also agree that Nalladhu cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Nalladhu without Nalladhu's express written permission.
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Account Information
You must keep your account information up-to-date and accurate at all times, including a valid email address and phone number. To sell items or provide service on Nalladhu you must provide and maintain valid payment information such as valid credit card information, contact information and/or a valid PayPal account.
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Account Transfer
You may not transfer or sell your Nalladhu account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
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Right to Refuse Service
ACCESS TO Nalladhu'S SERVICES AND THE SITE IS A PRIVILEGE GRANTED AT Nalladhu'S SOLE DISCRETION. YOU HAVE NO RIGHT TO ACCESS Nalladhu'S SITE. Nalladhu will terminate any user who it determines is providing services competitive to Nalladhu through the Site. Nalladhu's services, and all accesses to the Site, are not available to temporarily or indefinitely suspended Nalladhu members. Additionally, Nalladhu reserves the right, in Nalladhu's sole discretion, to cancel unconfirmed or inactive accounts or to disable, deactivate or terminate your account for any reason, without notice, and without any right to cure.
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Fees and Services
Joining and setting up a product on Nalladhu is free. Nalladhu does not charge fees to list an item or services. Nalladhu does charge a percentage of the sale price when the payment is made online after an item sells. Products for which payments will be completed offline or Service purchase have to pay fixed monthly/yearly subscription fees. When you list an item/service you have an opportunity to review and accept the fees that you will be charged. Nalladhu's Billing Policy, which is subject to change, is
Fees and Termination: If Nalladhu terminates a listing or your account, if you close your account, or if the payment of your Nalladhu fees cannot be completed for any reason, you remain obligated to pay Nalladhu for all unpaid fees plus any penalties, if applicable. If the seller's or service provider's account is not paid in full and becomes past due, the seller or service provider risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). YOU HEREBY EXPRESSLY AGREE THAT Nalladhu MAY CHARGE YOUR CREDIT CARD, OR ANY OTHER METHOD OF PAYMENT, ON FILE FOR ANY AND ALL OUTSTANDING OR DELINQUENT FEES OR BALANCES AND WAIVE ANY AND ALL CLAIMS AGAINST Nalladhu FOR EXERCISING THIS RIGHT (INCLUDING, FOR EXAMPLE, USING YOUR CONTACT INFORMATION TO AID IN COLLECTING PAYMENT). If you have a question or wish to dispute a charge, contact Nalladhu. Read About Nalladhu's Billing Policy
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Content License
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Your Content
Nalladhu does not claim ownership rights in content you place on the Site or in your listings (the “Content”). You grant Nalladhu a license solely to enable Nalladhu to use any information or Content you supply Nalladhu with, so that Nalladhu is not violating any rights you might have in that Content. You grant Nalladhu a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights and any other rights necessary to effectuate Nalladhu's ability to use the content consistent with this license that you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Nalladhu to store or re-format your Content on Nalladhu and display your Content on Nalladhu in any way as Nalladhu chooses. Nalladhu can also use any transactional information including sale date and final price for sales completed on Nalladhu as it sees fit.
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Personal Information
Nalladhu will only use personal information in accordance with Nalladhu's Privacy Policy. As part of a transaction, you may obtain personal information, including email address and shipping information, from another Nalladhu user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Nalladhu-related communications. Nalladhu has not granted you a license to use the information for unsolicited commercial messages or for any other purpose. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Nalladhu user to your email or physical mail list. For more information, see Nalladhu’s Privacy Policy.
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Re-Posting Content
By posting Content on Nalladhu, it is possible for an outside website or a third party to re-post or index that Content. You agree to hold Nalladhu harmless for any dispute concerning this use, along with the limitations on liability and indemnification provisions below. If you choose to display your own Nalladhu-hosted image on another website, the image must provide a link back to its listing page on Nalladhu.
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Idea Submissions
Nalladhu considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and Nalladhu shall not be liable for the disclosure or use of such Material. If, at Nalladhu's request, any member sends Material to improve the site (for example through the Forums or to customer support), Nalladhu will also consider that Material to be non-confidential and non-proprietary and Nalladhu will not be liable for use or disclosure of the Material. Any communication by you to Nalladhu is subject to this Agreement. You hereby grant and agree to grant Nalladhu, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, make, use, sell, offer to sell, import, export, publicly display, publicly distribute, create derivative use from, publish and in all other ways exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
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Information Control
Nalladhu does not control the Content provided by users that is made available on Nalladhu. You may find some Content to be offensive, harmful, inaccurate, or deceptive. Nalladhu users must be eighteen or over, but there are risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using Nalladhu, you agree to accept such risks and expressly agree that Nalladhu (and Nalladhu's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Nalladhu. Please use caution, common sense, and practice safe buying, servicing and selling when using Nalladhu.
Other Resources: Nalladhu is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Nalladhu does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Nalladhu shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
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Disputes, Arbitration, Class Waiver, Waiver of Claims and Venue
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This Agreement and the Privacy Policy shall be governed in all respects by the laws of Indian Territory. Nalladhu considers itself and intends itself to be subject to the jurisdiction of the City Courts, Chennai, Tamil Nadu, India only. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of City Courts, Chennai, Tamil Nadu, India.
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Limitations Period
You and Nalladhu agree that any cause of action arising out of or related to the Site, Services or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
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Intra-User Disputes
Should you have a dispute with one or more users, or an outside party, YOU RELEASE Nalladhu (AND Nalladhu'S OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. Nalladhu encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Nalladhu, for the benefit of users, may try to help users resolve disputes. Nalladhu does so at Nalladhu's sole discretion, and Nalladhu has no obligation to resolve disputes between users or between users and outside parties. To the extent that Nalladhu attempts to resolve a dispute, Nalladhu will do so in good faith based solely on Nalladhu's policies. IN THE EVENT Nalladhu INVOLVES ITSELF IN A DISPUTE BETWEEN CUSTOMERS, YOU EXPRESSLY WAIVE AND RELEASE Nalladhu (AND Nalladhu'S OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE DISPUTE.
If you do not respond to Nalladhu's inquiry regarding a dispute within forty-eight (48) hours, Nalladhu reserves the right to resolve the dispute at its discretion and you agree that any such resolution will be binding on you.
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Feedback
Nalladhu WILL NOT AMEND, ALTER OR OTHERWISE CHANGE FEEDBACK LEFT BETWEEN USERS UNLESS THE CONTENT IS FALSE, UNREASONABLY INFLAMMATORY OR OTHERWISE IN VIOLATION OF Nalladhu POLICIES AS DETERMINED BY Nalladhu IN ITS SOLE DISCRETION. FULLY REFUNDED ORDERS ARE NOT ELIGIBLE FOR FEEDBACK.
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Full Waiver
YOU EXPRESSLY WAIVE AND RELEASE Nalladhu (AND Nalladhu'S OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE, SERVICES OR YOUR USE OF THE SAME.
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Financing Vendors/Layaway
Nalladhu does not support Financing or layaway transactions. If you engage in an offsite layaway plan, Nalladhu will mark the item or service as paid and the seller or service providers will be solely responsible for tracking and enforcing the order.
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Email, Text and Fax Communications
By using the Site and services available on the Site, you agree that you have an established business relationship with Nalladhu and hereby waive any and all claims as they relate to email, text message or fax communications from Nalladhu. You hereby expressly consent to communications of any kind from Nalladhu to the fullest extent permissible by law.
When you register for an account, subscribe to a newsletter, or provide us with your email address or phone number, you will receive notice of and agree to receive marketing emails and messages from us. You can unsubscribe at any time from marketing emails or messages through the opt-out link included in marketing emails or messages, or by reaching out to Nalladhu. Please note that some changes to your account settings may take a few days to take effect.
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Nalladhu's Intellectual Property
Nalladhu, and other Nalladhu graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Nalladhu or its affiliated companies in India and/or other countries. Nalladhu's trademarks and trade dress may not be used, in any manner, without the prior express written consent of a duly authorized representative of Nalladhu.
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Access and Interference
Nalladhu may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Nalladhu is updated on a real-time basis and is proprietary or is licensed to Nalladhu by Nalladhu's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access Nalladhu for any purpose whatsoever, except to the extent expressly permitted by Nalladhu's with prior express written permission. Additionally, you agree that you will not take any action that imposes, or may impose, in Nalladhu's sole discretion, an unreasonable or disproportionately large load on Nalladhu's infrastructure. You will not copy, publicly reproduce, modify, create derivative works from, publicly distribute or publicly display any user Content, including via use of plug-ins, extensions, applications or scripts that interfere with the Content, features, or functions of the Site or Services. You will not interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. And you will not bypass Nalladhu's robot exclusion headers or other measures Nalladhu may use to prevent or restrict access to Nalladhu.
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Breach of Nalladhu Terms of Use and Policies
Without limiting its legal recourse or any other remedies, Nalladhu may, without notice, and without refunding any fees, delay or immediately remove Content, warn Nalladhu's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, take technical and legal steps to keep a user off the Site and refuse to provide services to a user for any reason, including, for example if any of the following apply: (a) Nalladhu suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, including the Privacy Policy, the Nalladhu Standard or other policies and community guidelines incorporated herein; (b) Nalladhu is unable to verify or authenticate any of your personal information or Content; (c) Nalladhu believes that a user is acting inconsistently with the letter or spirit of Nalladhu's Nalladhu Standard or policies; or (d) Nalladhu believes a user has engaged in improper or fraudulent activity in connection with Nalladhu or the actions may cause legal liability or financial loss to Nalladhu's users or to Nalladhu. Notwithstanding the foregoing, Nalladhu retains the right to suspend or terminate a user without cause at Nalladhu's sole discretion. Use of the Site is a privilege, not a right.
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No Warranty
Nalladhu IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE'RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SITE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
WE DO NOT GUARANTEE THAT: (I) THE SITE OR SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SITE OR SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SITE OR SERVICES SOLELY AT YOUR OWN RISK.
Nalladhu'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS PROVIDE Nalladhu'S SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, OF ANY KIND. Nalladhu'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AGENTS AND SUPPLIERS EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM Nalladhu SHALL CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
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Limitation of Liability
IN NO EVENT SHALL Nalladhu, AND (AS APPLICABLE) Nalladhu'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, Nalladhu'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. Nalladhu'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF Nalladhu'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO Nalladhu IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) Rs. 10000. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
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CITES and Claims Release
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is an international agreement intended to limit cross-border trade in endangered plants, woods and wildlife. Among the endangered species included in CITES are all forms of Rosewood including, but not limited to, Brazilian Rosewood, Panamanian Rosewood, Black Rosewood, African Rosewood and Honduran Rosewood. Accordingly, by selling and shipping prohibited products internationally, you acknowledge that Nalladhu has informed you of the potential prohibitions set forth in CITES. AS SUCH, YOU AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS, INCLUDING FINANCIAL LOSS, INJURY, DAMAGE, DESTRUCTION OR CONFISCATION OF YOUR PROPERTY DUE TO VIOLATIONS OF CITES. YOU AGREE THAT YOU HAVE CAREFULLY READ THIS PROVISION AND HEREBY RELEASE ANY AND ALL CLAIMS AGAINST Nalladhu RELATED TO FINANCIAL LOSS, INJURY, DAMAGE, DESTRUCTION OR CONFISCATION OF YOUR PROPERTY DUE TO VIOLATIONS OF CITES AND AGREED TO HOLD Nalladhu AND ITS OFFICERS, EMPLOYEES AND AGENTS HARMLESS AGAINST ANY SUCH CLAIMS. YOU ACKNOWLEDGE THAT THIS IS A COMPLETE RELEASE OF LIABILITY AGAINST Nalladhu.COM WITH RESPECT TO CLAIMS ASSOCIATED WITH CITES.
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Indemnity
YOU AGREE TO INDEMNIFY AND HOLD Nalladhu AND (AS APPLICABLE) Nalladhu'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, THE PRIVACY POLICY, THE Nalladhu Standard OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, THE FAILURE TO APPROPRIATELY COLLECT AND REMIT TAXES ON ANY SALES.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
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No Guarantee of Continuous Service
Nalladhu does not guarantee continuous, uninterrupted access to the Site and no SLA representations or guarantees are included herein. Operation of the Site may be interfered with by numerous factors outside Nalladhu's control.
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Copyright Policy & Intellectual Property Policy
Nalladhu is the sole owner and the lawful licensee of all the rights to the Web Site and its content ("Web Site Content"). Web Site Content means the design, layout, text, images, graphics, sound, video etc. of or made available on the Web Site. The Web Site Content embodies trade secrets and other intellectual property rights protected under worldwide copyright and other applicable laws pertaining to intellectual property. All title, ownership and intellectual property rights in the Web Site and the Web Site Content shall remain in Nalladhu, its affiliates or licensor's of the Web Site content, as the case may be.
All rights, not otherwise claimed under this Agreement by Nalladhu, are hereby reserved. Any information or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the Web Site or any offer displayed on or in connection with any service offered on the Web Site ("Website Information") is intended, solely to provide general information for the personal use of the User(s), who fully accept any and all responsibility and liabilities arising from and out of the use of such Information. Nalladhu does not represent, warrant or endorse in any manner the accuracy or reliability of Website Information, or the quality of any products and/or services obtained by the User(s) as a result of any Website Information.
For any content and or link uploaded to the Website by the User from third party sites, the User agrees to abide and accepts, the terms of service of the respective third party sites
The Information is provided “as is'' with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the Information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing contained in the Agreement shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s). In no event shall Nalladhu be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to Nalladhu's Services. User(s) hereby acknowledge that any reliance upon the Information shall be at their sole risk and further understand and acknowledge that the Information has been compiled from publicly aired and published sources. Nalladhu respects the rights of such entities and cannot be deemed to be infringing on the respective copyrights or businesses of such entities. Nalladhu reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Information.
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Trademark
"Nalladhu" and related icons and logos are registered trademarks or trademarks or service marks of Nalladhu in various jurisdictions and are protected under applicable copyright, trademark and other proprietary and intellectual property rights laws. The unauthorized adoption, copying, modification, use or publication of these marks is strictly prohibited.
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Copyright
All Web Site Content including Website Information is copyrighted to Nalladhu excluding any third-party content and any links to any third-party websites being made available or contained on the Web Site. User(s) may not use any trademark, service mark or logo of any independent third parties without prior written approval from such parties.
User(s) acknowledge and agree that Nalladhu is not an arbiter or judge of disputes concerning intellectual property rights and as such cannot verify that User(s) selling or supplying merchandise or providing services on the Web Site have the right to sell the merchandise or provide the services offered by such User(s). Nalladhu encourages User(s) to assist Nalladhu in identifying listings on the Web Site which in the User(s) knowledge or belief infringe their rights. User(s) further acknowledge and agree by taking down a listing, Nalladhu does not and cannot be deemed to be endorsing a claim of infringement and further that in those instances in which Nalladhu declines to take down a listing, Nalladhu does not and cannot be deemed to be endorsing that the listing is not infringing of third party rights or endorsing any sale or supply of merchandise or services pursuant to or on account of such listing.
Nalladhu respects the intellectual property rights of others, and we expect our User(s) to do the same. User(s) agree to not copy, download or reproduce the Web Site Content, Information or any other material, text, images, video clips, directories, files, databases or listings available on or through the Web Site ("Nalladhu Content") for the purpose of re-selling or re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise) operating a business competing with Nalladhu, or otherwise commercially exploiting the Nalladhu Content unless otherwise agreed between the parties. Systematic retrieval of Nalladhu Content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Nalladhu is prohibited.
In addition, use of the Nalladhu Content for any purpose not expressly permitted in this Agreement is prohibited and entitles Nalladhu to initiate appropriate legal action. User(s) agree that as a condition of their access to and use of Nalladhu's Services, they will not use Nalladhu's Services to infringe the intellectual property rights of any third parties in any way. Nalladhu reserves the right to terminate the right of any User(s) to access or use Nalladhu's Services for any infringement of the rights of third parties in conjunction with use of the Nalladhu's Service, or in the event Nalladhu is of the believes that User(s) conduct is prejudicial to the interests of Nalladhu, its affiliates, or other User(s), or for any other reason, at Nalladhu's sole discretion, with or without cause.
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URL's/Sub-Domain
URL's/ Sub-domain names assigned by Nalladhu to User(s) (including both paid and free User(s)) are the exclusive property of Nalladhu and it cannot be assumed to be permanent in any case. Nalladhu reserves the right, without prior notice, at any point of time, to suspend or terminate or restrict access to or edit any URL's/Sub-domain names. IN ALL SUCH CASES, Nalladhu WILL NOT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION OR OTHERWISE.
Nalladhu may allow User(s) access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to the websites offered by such third parties ("Third Party Websites"). Nalladhu advises its User(s) to read the terms and conditions of use and/or privacy policies applicable in respect of such Third Party Websites prior to using or accessing such Third Party Websites. Users acknowledge and agree that Nalladhu has no control over any content offered on Third Party Websites, does not monitor such Third Party Websites, and shall in no manner be deemed to be liable or responsible to any person for such Third Party Sites, or any content, products or services made available thereof.
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Nalladhu Sites
Nalladhu Sites Terms of Use are located here. By utilizing Nalladhu Sites (including the Nalladhu App), you acknowledge that Nalladhu is providing the infrastructure and platform for your website, but maintenance, design, content and compliance with central, state and local laws remains your responsibility as the Nalladhu Sites user. You acknowledge that you are responsible for compliance with central, state and local laws applicable to your Nalladhu Site.
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Nalladhu Integrations
Your use of Nalladhu Integrations indicates your assent to Nalladhu's Terms and Policies contained herein. By utilizing Nalladhu Integrations, you acknowledge that Nalladhu is providing an integration of the Nalladhu.com platform with third party platforms providing e-commerce and other digital services and solutions (collectively the “Third Party Service Providers''). You are subject to all applicable Third Party Service Providers' terms of service by utilizing Nalladhu Integrations. While Nalladhu is providing Nalladhu Integrations, maintenance, design, content and compliance with central, state and local laws remains your responsibility as the Nalladhu Integrations user. You hereby waive any and all claims against Nalladhu, its officers, directors, employees and agents related to the use, maintenance, design and content of your Nalladhu Integration(s). You acknowledge that you are responsible for compliance with central, state and local laws applicable to your Nalladhu Integration(s). You further agree to indemnify and hold Nalladhu harmless for any third party claims or complaints associated with your use of Nalladhu Integration(s). Nalladhu Integrations are provided “as is” and with all faults. DO NOT UTILIZE Nalladhu INTEGRATIONS IF YOU DO NOT AGREE WITH THESE TERMS.
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Your Responsibility for Legal Compliance and Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Nalladhu service and, if applicable, your listing, purchase, solicitation of offers to purchase, services and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases, services or sales of items you make on the Site (excluding any taxes on Nalladhu's net income). This includes sales and service taxes applicable in each state, depending on the threshold required for collection. Nalladhu cannot provide tax advice. Please contact your tax professional to determine whether or not you have sales and service tax liability. This responsibility includes applicable customs and fees for import and export sales; Nalladhu assumes no responsibility for any losses, fees, or confiscations related to importing and exporting products purchased through Nalladhu. Nalladhu is not responsible, in any manner, for paying taxes on your earnings or your use of the Site.
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Severability
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
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No Agency
You and Nalladhu are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
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Modification of Service or Terms and Policies
Nalladhu reserves the right to modify or terminate the Nalladhu service for any reason, without notice, at any time, to the maximum extent permitted by law. Nalladhu reserves the right to alter these Terms of Use, including the Privacy Policy, the Nalladhu Standard or other Site policies at any time, so please review the policies frequently. Your continued use of the Site will act as your unqualified acceptance of any changes to the Terms and Policies, regardless of actual notice.
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Sanctioned Countries, Politically Exposed Persons and Endangered Species
Nalladhu does not currently support transactions to, from or involving any comprehensively sanctioned countries (the "Sanctioned Countries") or with any Politically Exposed Persons ("PEPs"). Additionally, listings with brand new items made in the Sanctioned Countries will be removed, if found. Decisions will be made at the sole discretion of Nalladhu. Any items made from materials derived from endangered species will be removed if found on the Site.
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Survival
All Sections which are intended by their terms to survive the expiration of this Agreement shall survive any termination or expiration of this Agreement.
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Notices
All notices or demands to or upon Nalladhu shall be effective if in writing and shall be deemed to be duly made when sent to Nalladhu, 138A Village high road, Arumugam Avenue, Shollinganallur, Chennai 6000119.
All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User(s) on the Web Site, or by posting such notice or demand on an area of the Web Site that is publicly accessible without a charge.
Notice to a User(s) shall be deemed to be received by such User(s) if and when Web Site is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon Web Site’s posting such notice on an area of the Web Site that is publicly accessible without charge
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Disclosures
The services hereunder are offered by Varulaadharam Ventures Pvt Ltd. located at 138A Village high road, Arumugam Avenue, Sholinganallur, Chennai 6000119. If you are an Chennai resident, you may have this same information mailed to you by sending a letter to the foregoing address with your email address and a request for this information.