Introduction
The website [www.nedivaa.in] which has its registered office at No.23, 1st Main Road, Mangala Nagar, Porur, Chennai. NEDIVAA (collectively, “NEDIVAA” or "we" or "us"), respect your concerns about privacy. This Privacy Notice describes the types of personal information we collect, how we store, handle and use the information, with whom we share it, and the choices you can make about our collection, use and disclosure of the information. We also describe the measures we take to protect the security of the information and how you can contact us about our privacy practices. This Privacy Notice is incorporated in the Terms of Use and therefore governs your use of the NEDIVAA websites and/or any services offered by NEDIVAA. By visiting the NEDIVAA websites and/or utilizing any services offered by NEDIVAA you agree to and accept the then current practices and policies governing your use of the NEDIVAA websites and/or utilizing any services offered by NEDIVAA. Further, by accepting this Privacy Notice, you consent to the manner of collection, handling, usage, disclosure and transfer of your personal information as set out in this Privacy Notice.
The phrase “personal information” refers to any information by which you or the device you are using to connect to the Internet can be identified.
Information we collect
We may obtain personal information about you from various sources, including this website and other NEDIVAA websites (this includes any information that you may provide (i) while registering as a member, (ii) engaging in transactions, (iii) searching products and/or services, etc.), mobile applications, when you call or email us or communicate with us through social media, or when you participate in chats, forums, opinion polls, surveys, bulletin boards, discussion boards or in events or other promotions. We also may obtain information about you from our parent, affiliate or subsidiary companies, business partners and other third parties.
The types of personal information we may obtain include:
Your contact information (such as name, Twitter handle, postal and email address, or phone number)
Contact information of friends or other people you would like us to contact
Username and password for the account you may establish on our sites
Your billing address
Your shipping information (including the shipping address and phone number) or shipping information of other people to whom purchases have been shipped at your request
Demographic information (such as age, date of birth and gender)
Information you provide by interacting with us through social media, including photographs
Location information, such as the real-time geographic location of the device on which you install our mobile applications
Shopping behaviour and preferences, and a record of the purchases you make on our websites and product searches conducted by you
Other details that you may submit to us or that may be included in the information provided to us by third parties (for e.g., updated delivery addresses provided by our carriers, etc.)
In addition, when you visit our websites or use our mobile applications, we may collect certain information by automated means, such as cookies and web beacons. A “cookie” is a text file that websites send to a visitor‘s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, is used to transmit information back to a web server. We also may use third-party website analytics tools (such as Google), that collect information about visitor traffic on our sites and mobile applications. The information we may collect by automated means includes:
Information about the devices our visitors use to access the Internet (such as the IP address and the device, browser and operating system type)
URLs that refer visitors to our sites
Dates and times of visits to our sites
Information on actions taken on our sites (such as page views and site navigation patterns)
A general geographic location (such as country and city) from which a visitor accesses our websites
Search terms that visitors use to reach our sites
How we use the information we collect
We may use the information we obtain about you to:
Register you for membership at our websites, and manage and maintain your account on the sites
Provide products or services you request
Process, validate, confirm, verify, deliver and track your purchases (including by processing payment card transactions, [arranging shipping and handling returns and refunds, and contacting you about your orders, including by telephone)
Maintain a record of the purchases you make on our sites
Respond to your questions and comments and provide customer support
Communicate with you about our products, services, offers, events and promotions, and offer you products and services we believe may be of interest to you
Enable you to communicate with us through our blogs, social networks and other interactive media
Publish your testimonials about NEDIVAA, including on our websites and blogs, and on social networks (if we choose to publish your testimonial, we will include only your first name, last initial, city and state)
Manage your participation in our events and other promotions
Tailor our products and services to suit your personal interests and the manner in which visitors use our sites, applications and social media assets
Operate, evaluate and improve our business and the products and services we offer
Analyse and enhance our marketing communications and strategies (including by identifying when emails sent to you have been received and read)
Analyse trends and statistics regarding visitors’ use of our sites, mobile applications and social media assets, and the purchases visitors make on our sites
Protect against and prevent fraud, unauthorized transactions, claims and other liabilities, and manage risk exposure, including by identifying potential hackers and other unauthorized users
Enforce our Website Terms of Use and Product Policies
Comply with applicable legal requirements and industry standards and our policies
In addition to the data uses described above, we may use the information collected through cookies and other automated means to uniquely identify the electronic shopping basket you may create on our sites and enable you to retrieve shopping baskets you previously created. We also may use cookies to identify and authenticate visitors.
We may combine the information we collect with publicly available information and information we receive from our parent, affiliate or subsidiary companies, business partners and other third parties. We may use that combined information to enhance and personalize your shopping experience with us, to communicate with you about products, services and events that may be of interest to you, for other promotional purposes, and for other purposes described in this section.
We also may use the information we obtain about you in other ways for which we provide specific notice at the time of collection.
Online advertising
On our websites, we may collect information about your online activities to provide advertising about products and services tailored to your individual interests. You may see certain ads on this and other NEDIVAA websites because we participate in advertising networks. Ad networks allow us to target our advertising to users through demographic, behavioural and contextual means. These networks track your online activities over time by collecting information through automated means, including through the use of cookies, web server logs, web beacons and other methods. The networks use this information to show you advertisements for NEDIVAA and our business partners that are tailored to your individual interests. The information our ad network vendors collect includes information about your visits to websites that participate in the vendors‘ advertising networks, such as the pages or advertisements you have viewed, and the actions you take on the sites. This data collection and ad targeting take place both on our websites and on third-party websites that participate in the ad networks. This process also helps us track the effectiveness of our marketing efforts.
Information we share
We do not sell or otherwise disclose personal information about you, except as described in this Privacy Notice.
We may share the personal information we collect with our parent, affiliate and subsidiary companies, business partners, franchisees, marketing agents, ad network vendors and their participants, and other third parties for the purposes described in this Privacy Notice, including to communicate with you about products and services, offers, events and promotions that we believe may be of interest to you. We may also share personal information with our service providers who perform services on our behalf. On your behalf NEDIVAA holds the right to use your particulars for forwarding/returning your order.
These service providers are not authorized by us to use or disclose your personal information except as necessary to perform services on our behalf or comply with legal requirements. We also may disclose information about you (i) if we are required to do so by law or legal process (such as a court order), (ii) in response to a request by law enforcement authorities for the purposes of verification of identity, prevention, detection, investigation including cyber incidents, prosecution and punishment of offences or (iv) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity.
We also reserve the right to transfer personal information we have about you in the event we sell, merge or transfer all or a portion of our business or assets. We would not be obliged to provide you with a prior notice of such sale, merger or transfer and you hereby consent to the consequent transfer of your personal information to the transferee entity. Following such a sale, merger or transfer, you may contact the entity to which we transferred your personal information with any inquiries concerning the processing of that information. In the event of our bankruptcy, insolvency, administration or enforcement of any of our creditors' rights generally which lead to any such similar action, we would not have control over the manner in which your personal information is used. In such an event your personal information may be treated as any other asset of ours and may be transferred to or shared with any third party and may be used in a manner not contemplated in this Privacy Notice without obtaining your consent or having provided a notice to you.
Your choices
We offer you certain choices about what information we collect from you, how we use and disclose the information, and how we communicate with you.
You may withdraw any consent you previously provided to us or object at any time on legitimate grounds to the processing of your personal information. We will apply your preferences going forward. In some circumstances, withdrawing your consent to NEDIVAA's use or disclosure of your personal information will mean that you cannot take advantage of certain NEDIVAA offerings or site features. Here are the choices we offer:
Sharing Information with Business Partners
You may direct NEDIVAA not to share your personal information with our business partners for those partners’ own purposes. To do so, please email us at nedivaa@outlook.com. If you opt out, we will continue sharing your information as otherwise described in the “Information We Share” section of this Privacy Notice, including with our franchisees and service providers, to fulfil your requests and to comply with legal requirements.
Marketing Emails
You may choose not to receive marketing email and promotional communications from us by clicking on the unsubscribe link in the marketing emails or by adjusting your email preferences using the online account you may establish on our sites or by sending an email to nedivaa@outlook.com.
Geo-Location Information
When you use a NEDIVAA application on your mobile device, you may choose not to share your geo-location details with us by adjusting the device’s location services settings. For instructions on changing the relevant settings, please contact your service provider or device manufacturer.
Cookies
Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Please note, however, that without cookies you may not be able to take full advantage of all of our sites’ features. In addition, disabling cookies may cancel opt-outs that rely on cookies, such as web analytics or targeted advertising opt-outs.
You may not choose to opt-out of non-promotional communications. If you wish not to receive any non-promotional communication from us, you may choose to terminate your account with NEDIVAA.
Links to Other Websites
Our websites may contain links to other sites for your convenience and information. These sites may be operated by companies not affiliated with NEDIVAA. Linked sites may have their own privacy notices, which you should review if you visit those websites. We are not responsible for the content of any websites not affiliated with NEDIVAA, any use of those sites, or those sites’ privacy practices.
Data transfers
When we obtain personal information about you, we may process the information outside of the country in which you are located. The countries in which we process the information may not have the same data protection laws as the country in which you are located. We will protect your information as described in this Privacy Notice.
How We Protect Personal Information
We maintain administrative, technical and physical safeguards designed to assist us in protecting the personal information we collect against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. For example, we use Secure Sockets Layer encryption to protect certain of your purchase information while in transit.
Please note that no electronic transmission of information can be entirely secure. We cannot guarantee that the security measures we have in place to safeguard personal information will never be defeated or fail, or that those measures will always be sufficient or effective.
To further protect yourself, you should safeguard your NEDIVAA account username and password and not share that information with anyone. You should also sign off your account and close your browser window when you have finished your visit to our sites. Please note that we will never ask for your NEDIVAA account user name or password via email.
Updates to this privacy notice
This Privacy Notice may be updated periodically and without prior notice to you to reflect changes in our personal information practices. We will post a prominent notice on our websites to notify you of any significant changes to our Privacy Notice.
How to contact us
If you have any questions or comments about this Privacy Notice, or if you would like us to update information we have about you or your preferences, please contact us by email at nedivaa@outlook.com. If you notice any discrepancies in the information provided to us or have any grievance against us, you may contact our Grievance Officer. The details of the Grievance Officer are as follows: nedivaa@outlook.com.
Product policy
The Product Policy governs all aspects of your purchase of products through the Site.
Moments
NEDIVAA Moments is a platform that allows you to upload the pictures and videos showcasing your kids with products purchased on www.nedivaa.in and other affiliated platforms (hereinafter referred to as "NEDIVAA" or "Site" or "we" or "us"). Accessing and using this platform is subject to the following terms and conditions. The following terms and conditions are in addition to the Terms of Use and Privacy Policy of NEDIVAA.
By uploading photos, videos and/or content (“Content”) on NEDIVAA Platform you consent NEDIVAA to list and display the Content on the NEDIVAA platform, NEDIVAA website (www.nedivaa.in), affiliate websites of NEDIVAA, social media platforms along with any advertising and promotional material issued by NEDIVAA.
You agree and understand that NEDIVAA is merely a technology platform for displaying the Content and all liability for any uploaded photo, video or other content lies on the person uploading the content. NEDIVAA is not liable for any upload of photos or misuse or abuse of this Platform.
You agree and consent that NEDIVAA shall either itself or through third parties, collate and/or source content uploaded by you showcasing NEDIVAA products on social media platforms or other available online and offline media.
You agree that the Content uploaded by you shall include the products purchased only from NEDIVAA along with children and adults showcasing the NEDIVAA products.
You agree that the Content uploaded by you is original and does not involve any imitation or plagiarism of the Content.
You shall upload the Content only of the products that you have purchased from NEDIVAA.
You shall not display any Content which is offensive, abusive, pornographic or hurting any religious sentiments.
All the Content may be uploaded and displayed instantly on the Platform at the discretion of management.
In event NEDIVAA finds or any individual reports Content to be offensive, abusive, pornographic, hurting any religious sentiments, NEDIVAA reserves the right to remove such photo, video or other such Content from the platform and if necessary, report to the appropriate authorities.
Upon uploading the Content, you have granted NEDIVAA a perpetual, worldwide, unlimited license to use, license, sub-license and display the Content with or without any modification.
Any and all disputes shall be subject to Chennai jurisdiction.
Content you submit
You acknowledge that you are responsible for any content you may submit through the Site, including the legality, reliability, appropriateness, originality and copyright of any such content. You may not upload to, host, display, modify, transmit, update, share, distribute or otherwise publish through this Site any content that:
is confidential, proprietary, invasive of privacy or publicity rights, infringing on patents, trademarks, copyrights, or other intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libellous, defamatory, obscene, vulgar, pornographic, paedophilic, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, including, but not limited to any content that encourages conduct that would constitute a criminal offence, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable laws for the time being in force;
belongs to another person and to which you do not have any right to;
harms minors in any way;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence of prevents investigation of any offence or is insulting to any other nation;
infringes upon or violates any third party's privacy rights (including without limitation unauthorized disclosure of a person's name, physical address, phone number or email address);
provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
interferes with another user's use and enjoyment of the Site or any other individual's user and enjoyment of similar services; or
directly or indirectly, offer for trade, the dealing of any item which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
may contain software viruses or malware or files or programs designed to interrupt, destroy or limit the functionality of any computer;
contains advertisements or solicitations of any kind, or other commercial content;
is designed to impersonate others;
contains messages by non-spokesperson employees of NEDIVAA purporting to speak on behalf of NEDIVAA or containing confidential information or expressing opinions concerning NEDIVAA;
contains messages that offer unauthorized downloads of any copyrighted, confidential or private information;
contains multiple messages placed within individual folders by the same user restating the same point;
contains chain letters of any kind; or
contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (a) using the invitation functionality that may be available on the Site to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the Site to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (c) sending messages to distribution lists, newsgroup aliases or group aliases.
You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. Some features that may be available on this Site require registration. By registering, you agree to provide true, accurate, current and complete information about yourself.
With respect to any content you submit or make available through the Site (other than personal information, which is handled in accordance with the Privacy Notice, you grant NEDIVAA a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or any part of such content, in any media. You hereby represent, warrant and covenant that any content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to NEDIVAA.
You agree that your use of the Site may involuntarily expose you to content that is offensive or obscene which have been posted or transmitted by other users (including unauthorised users such as hackers. etc). It is also possible for others to obtain your personal information which you may have shared during your usage of the Site and use such information to harass or injure you. NEDIVAA does not authorise or approve such unauthorised usage of your information but by using the Site, you acknowledge and agree that NEDIVAA will not be responsible for any third party's use of any of your information which you may have publicly disclosed on the Site. We advise that you exercise caution in disclosing any information on the Site which may become publicly available.
Links
This Site may contain links to other websites or resources that are operated by third parties not affiliated with NEDIVAA. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Inclusion of links to other sites or resources should not be viewed as an endorsement of the content of linked sites or resources. Different terms and conditions and privacy policies may apply to your use of any linked sites or resources. NEDIVAA is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.
Disclaimers
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE, OR REQUIRED BY APPLICABLE LAW, NEDIVAA MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF NEDIVAA MEMBERSHIP, ANY CONTENT ON THE SITE, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR NEDIVAA YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. NEDIVAA DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.
Limitation of liability
YOU ACKNOWLEDGE AND AGREE THAT NEDIVAA MERELY PROVIDES THE SITE AND THE PROVIDERS WHOSE PRODUCTS AND SERVICES ARE AVAILABLE ON THE NEDIVAA SITES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF NEDIVAA. NEDIVAA IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH THIRD PARTIES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND/OR FOR USE OF SITE'S MEMBERSHIP, COMMUNICATIONS WITH THIRD PARTIES, AND PURCHASE AND USE OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE. WITH RESPECT TO THIRD PARTY USER GENERATED CONTENT, NEDIVAA NEITHER ORIGINATES NOR INITIATES ANY TRANSMISSION ON THE SITE NOR SELECTS THE SENDER AND RECEIVER OF A TRANSMISSION NOR SELECTS NOR MODIFIES THE INFORMATION CONTAINED IN A TRANSMISSION. NEDIVAA HAS NO CONTROL OVER THE THIRD-PARTY USER GENERATED CONTENT IN THE SITE AND ACTS AS AN "INTERMEDIARY" AS UNDERSTOOD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 WITH RESPECT TO ALL THIRD-PARTY USER GENERATED CONTENT.
YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR MEMBERSHIP AND/OR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NEDIVAA NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THIS SITE, OR ANY OTHER SITE OR RESOURCE YOU ACCESS THROUGH A LINK FROM THIS SITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) YOUR NEDIVAA MEMBERSHIP, ANY TERMINATION OR CANCELATION OF YOUR MEMBERSHIP, ANY REFERRAL CREDIT PROGRAM (OR ASSOCIATED CREDITS); (4) ANY PRODUCTS OR SERVICES MADE AVAILABLE OR PURCHASED THROUGH THE SITE; (5) ANY FRAUDULENT ACT COMMITTED BY ANY PERSON USING THE SITE WHICH MAY OR MAY NOT INVOLVE FINANCIAL TRANSACTIONS, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES; (5) ANY DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE; (6) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE SITE; OR (7) ANY USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF NEDIVAA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE OR RESOURCE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER NEDIVAA NOR ITS LICENSORS, SUPPLIERS, FRANCHISEES OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH NEDIVAA IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND NEDIVAA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED ELSEWHERE, NEDIVAA'S TOTAL LIABILITY TOWARDS YOU FOR ALL LIABILITIES ARISING FROM YOUR USE OF THE SITE OR PURCHASING PRODUCTS USING THE SITE SHALL NOT, BE IT IN TORT OR CONTRACT, EXCEED THE AMOUNT PAID BY YOU TO NEDIVAA'S FRANCHISEES AGAINST THE VALUE OF THE PRODUCTS ORDERED BY YOU USING THE SITE.
Indemnities
You will indemnify and hold harmless NEDIVAA, its licensees, subsidiaries, affiliates, and their employees, directors, officers, agents and representatives ("Indemnified Parties'') from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by such Indemnified Parties, and shall defend such Indemnified Parties against any and all claims arising out of (1) your breach of these Terms of Use, Privacy Notice, Product Policy and all other policies applicable to you by virtue of using this Site or any other NEDIVAA websites; (2) fraud you commit, or your intentional misconduct or gross negligence; or (3) your violation of any applicable laws or the rights of a third party. The Indemnified Parties will control the defence of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of the Indemnified Parties.
Electronic communications
When you use the Site or send emails to NEDIVAA, you are communicating with NEDIVAA electronically. You consent to receive electronically any communications related to your use of this Site. You acknowledge and agree to receive communication from NEDIVAA via email, phone, SMS, and/or any other means of communication or by posting notices on this Site. Please refer to the Privacy Notice to opt-out of communication that you may not desire to receive from NEDIVAA. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from NEDIVAA intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide on the Site.
Access to password-protected areas of the site
Access to and use of password-protected areas of the Site is restricted to authorized users only. You are responsible for protecting your login credentials, including any password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your login credentials.
Trademarks and Copyrights
The trademarks, logos, design marks and service marks (“Marks”) displayed on the Site are the property of NEDIVAA or its licensors or content providers, or other parties. Users or any parties acting on their behalf are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or sites without the written permission of NEDIVAA or such third party which may own the Marks. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without NEDIVAA’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without NEDIVAA’s express written consent. All content (including any software programs) available on or through the Site is protected by copyright, trademark and other applicable laws.
Claims of intellectual property infringement
NEDIVAA respects the intellectual property rights of others, and we ask our users to do the same. You are hereby informed that NEDIVAA has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of website users or NEDIVAA members who are repeat copyright infringers. NEDIVAA may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts and/or memberships of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us at: nedivaa@outlook.com.
NEDIVAA may update this contact information from time to time without notice to you. We will post the current contact information on this Site.
Assignment
You may not assign these Terms of Use (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of NEDIVAA, which may be withheld at NEDIVAA’s sole discretion. Any attempted assignment that does not comply with these Terms of Use shall be null and void. NEDIVAA may assign these Terms of Use, in whole or in part, to any third party in its sole discretion.
Entire agreement
These Terms of Use constitute the entire agreement between you and NEDIVAA regarding the specific matters herein, and all prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms of Use.
Governing law and dispute resolution
These Terms of Use shall be governed by laws of India without reference to conflict of laws principle. The Courts in [Chennai] would have the exclusive jurisdiction in any proceedings that arise out of these Terms of Use.
Severability
Each of the provisions of these Terms of Use is severable. If any provision of these Terms of Use (or part of a provision) is found by any court of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted or modified, the provision shall apply with whatever modification is necessary to give effect to these Terms of Use.
Modification of terms of use
You acknowledge and agree that NEDIVAA may, in its sole discretion, modify, add or remove any portion of these Terms of Use at any time and in any manner, including the terms of NEDIVAA membership, by posting revised Terms of Use on the Site. You may not amend or modify these Terms of Use under any circumstances. The current version of these Terms of Use is available at https://www.nedivaa.in/Terms. It is your responsibility to check periodically for any changes we make to the Terms of Use. Your continued use of this Site after any changes to the Terms of Use means you accept the changes.
Effect of termination/survival of selected provisions
Notwithstanding the expiration or earlier termination of your NEDIVAA membership, or any general legal principles to the contrary, any provision of these Terms of Use that impose or contemplate continuing obligations or rights of a party will survive expiration or termination of these Terms of Use.
Grievance officer
If you have any questions or comments about these Terms of Use, please contact us by email at nedivaa.outlook.com. If you notice any discrepancies in the information provided to us or have any grievance against us, you may contact our Grievance Officer at: nedivaa@outlook.com
