Terms & Conditions.
General
The Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 mandates the rules and regulations, privacy policy and Terms and Conditions for access or usage of www.nikxit.com website publishing.
The terms and conditions published herein is an electronic record and is generated by a computer system and does not require any physical signatures.
The domain name www.nikxit.com (hereinafter referred to as "nikxit.com") is owned by Bhausaheb Nagawade and Supriya Nagawade.
The following terms and conditions will govern Purchaser’s use of the nikxit.com. It will also govern enforceable services and tools to the nikxit.com including the policies which are available. Incorporation of these are done herein by way of reference. If the purchasers transact on the nikxit.com, they shall be subject to the policies that are applicable to the nikxit.com for such transaction. The purchasers shall be impliedly contracting with NikxIT Technology by mere use of the nikxit.com. By mere use of the nikxit.com, these terms and conditions with all the policies constitute Purchaser’s binding obligations, with NikxIT Technology.
For the purpose of these Terms and Conditions, “Purchaser” shall mean any natural or legal person who has agreed to become a purchaser on the nikxit.com by providing Registration Data while registering on the nikxit.com as Registered Purchaser using the computer systems. To make purchases, the purchaser must be registered on the nikxit.com, however, NikxIT Technology allows the purchaser to browse the nikxit.com without registering on the nikxit.com.
When The purchasers use, through the nikxit.com, any of the services provided by NikxIT Technology including but not limited to, (e.g. Product Reviews), The purchasers will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms and Conditions and shall be considered as part and parcel of this Terms and Conditions. NikxIT Technology reserves the right, at NikxIT Technology’s sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time without any prior written notice to The purchasers . It is Purchaser’s responsibility to review these Terms and Conditions periodically for updates / changes. Purchaser’s continued use of the nikxit.com following the posting of changes will mean that The purchasers accept and agree to the revisions. As long as The purchasers comply with these Terms and Conditions, NikxIT Technology grant The purchasers a personal, non-exclusive, non-transferable, limited privilege to enter and use the nikxit.com.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES PURCHASER’S AGREEMENT TO ALL THE TERMS AND CONDITIONS, SO PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms and Conditions, The purchasers also accept and agree to be bound by NikxIT Technology Policies (including but not limited to Privacy Policy etc.) as amended from time to time.
Eligibility
Only to persons who can form legally binding contracts under Indian Contract Act, 1872 are allowed usage of, and purchases at the nikxit.com. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, un-discharged insolvents etc. are not eligible to use the nikxit.com. If the purchasers are a minor i.e. under the age of 18 years, the purchasers shall not register on the nikxit.com and shall not transact on or use the nikxit.com. As a minor if the purchasers wish to use or transact on the nikxit.com, such use or transaction may be made by Purchaser’s legal guardian or parents on the nikxit.com. NikxIT Technology reserves the right to terminate Purchaser’s membership and / or refuse to provide the purchasers with access to the nikxit.com if it is brought to NikxIT Technology's notice or if it is discovered that the purchasers are under the age of 18 years.
All persons wishing to use, register on, and purchase at the nikxit.com shall provide the following information –
a). Name,
b). Mobile Number or Email ID,
c). Pin Code (mandatory for nikxit.com) &
d). Address.
Purchaser’s Account and Registration Obligations
If The purchasers use the nikxit.com and register as a purchaser, The purchasers shall be responsible for maintaining the confidentiality of Purchaser’s Display Name and Password and The purchasers shall be responsible for all activities which occur under Purchaser’s Display Name and Password. The purchasers agree that if The purchasers provide any information that is untrue, inaccurate, not current or incomplete or NikxIT Technology has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms and Conditions, NikxIT Technology shall have the right to indefinitely suspend or terminate or block access of Purchaser’s membership on the nikxit.com and refuse to provide The purchasers with access to the nikxit.com.
Communications
When The purchasers use the nikxit.com or send emails or other data, information or communication to us, The purchasers agree and understand that The purchasers are communicating with NikxIT Technology through electronic records and The purchasers consent to receive communications via electronic records from NikxIT Technology periodically and as and when required. NikxIT Technology may communicate with the purchasers by email or by such other mode of communication, electronic or otherwise.
Platform for Transaction and Communication: The nikxit.com is a platform that Purchasers utilize to discover NikxIT Technology products and to show interest in purchasing these products.
Henceforward
All commercial/contractual terms are offered by and agreed to between the purchasers and NikxIT Technology. The commercial/contractual terms include without limitation, price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services.
The purchasers can take a close look at the nikxit.com for a complete description of the products. In spite of NikxIT Technology doing its best to describe and present the articles being sold on the nikxit.com as accurately as possible, some product characteristics may be altered slightly. Despite all precautions by NikxIT Technology, there may be inadvertent errors, and NikxIT Technology shall not under any circumstances be held liable should this arise. The photographs of products shown on the nikxit.com are not contractually binding. Under no circumstances may NikxIT Technology be held liable on the basis of said photographs or description of the products being sold. NikxIT Technology also does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc.) of the products to be sold or offered to be sold or purchased on the nikxit.com.
The purchaser shall be responsible for any non-performance or breach of any contract entered into between Purchaser and NikxIT Technology.
NikxIT Technology attempts to keep the elements mentioned on its nikxit.com accurate and complete. In particular the information about pricing, specifications and in general case all information about NikxIT Technology’s products is subject to change without notice. It is possible that there could be errors or omissions in the information provided in this nikxit.com. The information could also be incomplete. NikxIT Technology is not responsible for any errors, omissions or representations on any of NikxIT Technology’s pages or any links on any of NikxIT Technology’s pages.
Disclaimer: The prices displayed on products are expressed in Indian Rupees and shall include all taxes applicable by law. Product prices shall not include delivery charges, the cost of certain forms of packing or charges for certain optional services selected by the Customer. NikxIT Technology shall have the right to refuse or cancel any orders placed by the Customer. Pricing on any product(s) as is reflected on the nikxit.com may be subjected to some technical issue, typographical error or product information published may be incorrectly reflected and in such an event NikxIT Technology may cancel Purchaser’s order(s).
The purchasers release and indemnify NikxIT Technology and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the purchasers of the nikxit.com and specifically waive any claims that the purchasers may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, NikxIT Technology cannot take responsibility or control the information provided by other Purchasers which is made available on the nikxit.com. The purchasers may find other Purchaser's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the nikxit.com.
Please note that there could be risks in dealing with underage persons or people acting under false pretence.
Unless otherwise specified explicitly, all Terms and Conditions entailed herein are enforceable to Purchaser’s visit or purchase at NikxIT Technology’s stores.
Charges
Membership on the nikxit.com is free for purchasers. NikxIT Technology does not charge any fee for browsing and buying on the nikxit.com. NikxIT Technology reserves the right to change its Fee Policy from time to time. In particular, NikxIT Technology may at its sole discretion introduce new services and modify some or all of the existing services offered on the nikxit.com. In such an event NikxIT Technology reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the nikxit.com and such changes shall automatically become effective immediately after they are posted on the nikxit.com. Unless otherwise stated, all fees shall be quoted in Indian Rupees. The purchasers shall be solely responsible for compliance of all applicable laws including those in India for making payments to NikxIT Technology.
Use of the nikxit.com
The purchasers agree, undertake and confirm that following binding statements shall strictly govern Purchaser’s use of nikxit.com:
The purchasers shall not upload, publish, host, display, modify, transmit, update or share any details, particulars, facts, figures, statistics, data, material, documentation or documents which:
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belongs to another person and to which The purchasers does not have any right to;
is directly or indirectly harassing, obscene, pornographic, blasphemous, defamatory, invasive of another's privacy, racially or/and ethnically objectionable, relating money laundering, or otherwise unlawful in any manner whatever; or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
threatens in any way to defame or/and harm NikxIT Technology;
is patently offensive to the online/offline community, such as sexually explicit content, or content promoting obscene, pornographic, blasphemous, racist or/and defamatory materials or physical/mental harm of any kind against any community, group or individual person;
involves the transmission of "spamming"or unsolicited mass mailing.
infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, privacy rights (including without limitation unauthorized disclosure of a person's name, email, physical address or contact mobile/phone number), third party’s copyrighted work or publicity rights ];
promotes an unauthorized copy of third party’s or another person’s copyrighted work ( for instructions on complaining about uploaded copyrighted subjects/items/products or substance see "Copyright complaint" below), such as providing pirated computer programs/ pirated digital products including but not limited to Music/ video files or providing information to bypass manufacture-installed copy-protect devices. NikxIT Technology reserves the right to bar any such activity;
contains hidden, restricted or password-only access pages or images;
provides instructional, productional, promotional information about illegal or prohibited activities such as making or buying illegal weapons;
tries to gain unauthorized access or exceeds the scope of authorized access to the nikxit.com or to profiles, blogs, communities, account information, or other areas of the nikxit.com or solicits passwords or personal identifying information for commercial or unlawful purposes from other Purchasers. NikxIT Technology reserves the right to bar any such activity;
engages in direct or indirect, offer, attempt to offer, trade or attempt to trade in commercial activities and/or sales without NikxIT Technology’s prior written consent such as contest, barter, advertisement and network marketing/pyramid schemes, or the buying or selling of products related to the nikxit.com. Throughout this Terms and Conditions, NikxIT Technology's prior written consent means a communication coming from NikxIT Technology's Legal Department, specifically in response to Purchaser’s request, and specifically addressing the activity or conduct for which The purchasers seek authorization;
interferes with another Purchaser's use and enjoyment of the nikxit.com or any other individual's Purchaser and enjoyment of similar services;
refers to any website or link or URL that, in NikxIT Technology’s sole discretion, contains material that is inappropriate for the nikxit.com or any other nikxit.com, contains content that would be prohibited or violates the letter or spirit of these Terms and Conditions;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent;
violates any law for the time being in force;
deceives or misleads the addressee/ Purchasers about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, Ransomware ,worms, time bombs, cancel bots, email-based worm, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
shall not be false, inaccurate or misleading;
shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of 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;
shall not create liability for NikxIT Technology or cause NikxIT Technology to lose (in whole or in part) the services of NikxIT Technology’s internet service provider ("ISPs") or other suppliers;
The purchasers shall not use any automatic device including but not limited to "deep-link", "page-scrape", "robot", "spider", or other, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the nikxit.com or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the nikxit.com or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the nikxit.com. NikxIT Technology reserves the right to prevent, restrict or stop any such activity.
The purchasers shall not attempt to gain unauthorized access or exceeds the scope of authorized access to any portion or service of the nikxit.com, or any other systems connected to the nikxit.com including but not limited to any server, computer, or to any of the services offered on or through the nikxit.com, by hacking or any other illegitimate means.
The purchasers shall not probe or test the vulnerability of the nikxit.com or any server, computer, network or to any of the services connected to the nikxit.com nor breach the security or identity or profile authentication arrangements on the nikxit.com or any other connected network to the nikxit.com. The purchasers shall not trace any information about any other Purchaser of or customer or visitor to nikxit.com, or any other customer, including any profile account on the nikxit.com not owned by The purchasers , to its source, or exploit the nikxit.com or any service, product or information made available or offered or linked by or through the nikxit.com, in any way where the purpose is to disclose and/or reveal any data and/or information, including but not limited to personal identification data or information, other than Purchaser’s own information data, as given for by the nikxit.com.
The purchasers shall not make defamatory statement(s) or comment(s) about NikxIT Technology or the brand name or the domain name used by NikxIT Technology including but not limited to the terms “NikxIT Technology”, “nikxit.com”, or otherwise engage in any conduct or activity that might taint or defame the image or reputation of NikxIT Technology on platform or otherwise taint or dilute any NikxIT Technology's trade or service marks, trade name and/or reputation connected with such trade or service marks, trade name as may be owned or used by the NikxIT Technology. The purchasers agree that they will not take any conduct, activity or action that imposes an unwarranted unreasonable or disproportionately large load on the infrastructure, networks, and/or systems of the nikxit.com or any systems, arrangements or networks connected to NikxIT Technology.
The purchasers agree not to use any device, machine, tool, software, computer program or activity to interfere or attempt to interfere with the proper activity and functioning of the nikxit.com or any transaction being done on the nikxit.com, or with any other individual’s use of the nikxit.com.
The purchasers may not forge or manipulate headers or otherwise forge or manipulate identifiers in order to disguise and misrepresent the origin of any message or transmission of such message The purchasers send to NikxIT Technology, on or through the nikxit.com or any service offered on or through the nikxit.com. The purchasers shall not pretend that they are, or that they represent, someone else, or impersonate any other person or entity.
The purchasers shall not use the nikxit.com or any material for any purpose that is unlawful, invalid, restricted or prohibited by these Terms and Conditions, or to promote the performance of any illegal activity or other activity which infringes the rights of NikxIT Technology and / or others.
The purchasers shall ensure at all times, the full compliance with the provisions of the Information Technology Act, 2000 as applicable and the applicable rules and regulations thereunder and as amended from time to time and also all the Domestic laws, Statutes, Ordinances and regulations (including any applicable Exchange Control laws, rules and regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Service Tax, Central Excise, Custom Duty, Local Levies) applicable regarding Purchaser’s use of NikxIT Technology’s service and Purchaser’s listing, purchase, solicitation of offers to purchase, and sale of products or services. The purchasers shall not engage in any transaction in a product or service, which is prohibited by any applicable laws, Statutes, Ordinances and regulations for the time being in force.
To enable NikxIT Technology to Solely use the information supplied by The purchasers to NikxIT Technology, so that NikxIT Technology is not infringe any rights The purchasers might have in Purchaser’s Information, The purchasers agree to provide NikxIT Technology an irrevocable, non-exclusive, perpetual, sub-licensable (through multiple tiers) worldwide, royalty-free right to exercise the copyright, database rights, publicity, or any other rights The purchasers have in Purchaser’s Information, in any media now known or not currently known, with respect to Purchaser’s Information. NikxIT Technology will only use Purchaser’s information in accordance with the Terms and Conditions and Privacy Policy applicable to use of the nikxit.com.
The purchasers shall be responsible to up keeping the providing data and information relating to the products proposed to be sold by NikxIT Technology. In this connection, The purchasers undertake that all such data and information shall be secured and protected in all the respects. The purchasers shall not taint and defame the characteristics and reputation of such products or services so as to mislead other Purchasers in any manner.
The purchasers shall not advertise, or solicit other Purchasers of the nikxit.com to buy any item, including, but not limited to, items or services being displayed or related to the nikxit.com or related to us. The purchasers shall not send any junk chain mails or unsolicited commercial email to other Purchasers via the nikxit.com. It shall be a violation of these Terms and Conditions to use any data obtained from the nikxit.com in order to harass or harm another person, or in order to contact, advertise to or sell to another person without NikxIT Technology’s prior explicit consent. In order to protect NikxIT Technology’s Purchasers from such advertisements or solicitation, NikxIT Technology reserve the sole discretionary right to restrict the number of messages or emails which a Purchaser may send to other Purchasers in any Twenty Four (24) hours period which NikxIT Technology deems appropriate. The purchasers completely understand that NikxIT Technology have the right to disclose any information (including the identity of the persons providing information or materials on the nikxit.com),at all times, as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, the information disclosure in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order, writ or subpoena. In addition, NikxIT Technology can (and The purchasers hereby expressly authorize NikxIT Technology to) disclose any information about The purchasers to law enforcement agencies and officials or other government officials, as we, in NikxIT Technology’s sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
NikxIT Technology reserves the right, but has no obligation, to monitor the products and contents posted on the nikxit.com. NikxIT Technology shall have the right, in NikxIT Technology’s sole discretion, to remove or edit any material that violates, or is alleged to violate, any applicable provisions of laws or either the spirit or letter of these Terms and Conditions. Notwithstanding this right, THE PURCHASERS REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATTERS THE PURCHASERS POST ON THE nikxit.com AND IN PURCHASER’S PRIVATE MESSAGES. NikxIT Technology, in no event, shall assume or have any liability or responsibility for any Content of the material posted by another Purchaser or for any claims, damages or losses resulting from use of Content of the material and/or appearance of Content of the material on the nikxit.com. The purchasers hereby represent and warrant that the content of the material the purchasers publish on the nikxit.com shall not infringe any proprietary or other rights of NikxIT Technology or any third parties or contain any defaming, tortious, or otherwise unlawful information.
Purchaser’s communication, correspondence or business dealings with, or agreement or participation in promotions of, advertisers found on or through the nikxit.com, including payment and delivery of related products or services, and any other terms, conditions, warranties, agreements or representations associated with such dealings, are solely between The purchasers and such advertiser. For any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the nikxit.com, NikxIT Technology shall not be responsible or liable in any way.
It is possible that other Purchasers (including unauthorized Purchasers or "hackers") may upload, post or transmit prohibited, offensive, defamatory, sexually explicit or obscene materials on the nikxit.com and that The purchasers may be involuntarily exposed to such materials. It also is possible for others to obtain personal information about The purchasers due to Purchaser’s use of the nikxit.com, and that the recipient may use such information to harass or injure The purchasers . NikxIT Technology does not approve of such unauthorized uses, but by using the nikxit.com The purchasers fully acknowledge and agree that NikxIT Technology is not responsible in any event for the use of any personal information that The purchasers publicly disclose or share with others on the nikxit.com. Please very carefully select the type of information and the data that The purchasers publicly disclose or share with others on the nikxit.com.
NikxIT Technology shall have all the rights in its sole discretion, to take necessary action and claim damages that may occur due to Purchaser’s involvement/participation in any way on Purchaser’s own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Unless such right is expressly granted to the purchaser in writing by NikxIT Technology, the purchasers shall not have the right to resell any of the products purchased from nikxit.com.
NikxIT Technology reserves the right to restrict the sale of goods and/or services.
Contents Posted on nikxit.com
In relation to the products and services offered on the nikxit.com, the text, graphics, Purchaser interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is NikxIT Technology generated content.
Without NikxIT Technology's express prior written consent and except as expressly provided in these Terms and Conditions, no part of the nikxit.com and no Content may be republished, copied, encoded, reproduced, translated, transmitted, uploaded, posted, publicly displayed, or distributed in any way (including "mirroring") to any other website, server, computer, or other medium for publication or distribution or for any commercial usage.
The information on products and services purposely made available on the nikxit.com for downloading may be used by The purchasers, provided that The purchasers
(1) do not deletes or remove any proprietary notice language in all copies and files of such information documents,
(2) use such information for personal, non-commercial informational purpose of the Purchaser only and do not copy or upload such document, content and information on any networked computer and device or broadcast it in any platform or the media ,
(3) make no modifications to any such document, content and information, and
(4) do not produce any additional representations or warranties relating to such document, content and information.
The purchasers shall be responsible for any profiles, notes, images, videos, audio files, messages, photos, drawings, emails, billboard postings, opinions, ideas, or other materials or information posted or transmitted to the nikxit.com (collectively, "Content"). Such Content will become NikxIT Technology’s property and The purchasers grant NikxIT Technology the worldwide, perpetual and transferable rights in such Content. Consistent with NikxIT Technology’s Privacy Policy as adopted in accordance with applicable law, NikxIT Technology shall be entitled to any type of use, forever, the Content or any of its elements, including but not limited to promotional and advertising purposes and in any media or platform whether now known or hereafter devised, including the creation of derivative works that may include the Content The purchasers provide. The purchasers shall agree that any Content the purchasers post may be used by NikxIT Technology, consistent with NikxIT Technology’s Privacy Policy and Rules of Conduct on Site as mentioned herein, and The purchasers are not entitled to any payment or other compensation for such use.
Privacy
Protection of Purchaser’s privacy is a very important principle in the NikxIT Technology vision. The purchasers and Purchaser’s Personal Information is one of NikxIT Technology’s most important assets which NikxIT Technology clearly understands. NikxIT Technology stores and process Purchaser’s Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Privacy Policy Page shows NikxIT Technology’s current Privacy Policy. The purchasers are requested not to use nikxit.com if The purchasers object to Purchaser’s Information being transferred or used in this way.
NikxIT Technology may share personal information with NikxIT Technology’s other corporate entities and affiliates and which then, may market to the purchasers as a result of such sharing unless the purchasers explicitly opt-out.
NikxIT Technology may disclose personal information to third parties to facilitate the purchasers access to NikxIT Technology’s Services, to comply with NikxIT Technology’s legal obligations with rules and regulations, to enforce NikxIT Technology’s Purchaser Agreement and other Terms and Conditions mentioned, to facilitate and support NikxIT Technology’s marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to NikxIT Technology’s Services. Without Purchaser’s explicit consent, NikxIT Technology does not disclose Purchaser’s personal information to third parties for their marketing and advertising purposes.
NikxIT Technology may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. NikxIT Technology may disclose personal information and data to law enforcement agencies and offices, owners of third party rights, or others in the good faith belief that such disclosure is reasonably necessary to: enforce and apply NikxIT Technology’s Terms or Privacy Policy; respond to claims and petitions that an advertisement material, posting or other content violates the third party’s rights; or protect the rights, property or personal safety of NikxIT Technology’s Purchasers or the general public at large.
Should NikxIT Technology (or assets of NikxIT Technology) plan to merge with, or be acquired by another business entity, or re-organization, restructuring or amalgamation of business takes place , NikxIT Technology and affiliates of NikxIT Technology will share and/or transfer some or all of Purchaser’s personal information with another business entity. The other business entity (or the new combined entity), should such a transaction occur, shall follow this Privacy Policy with respect to personal information of the Purchaser.
Disclaimer of Warranties and Liability
This website, that is nikxit.com, all the items and products (including but not limited to software) and services, included on or otherwise made available to The purchasers through nikxit.com are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, NikxIT Technology does not warrant that:
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a) This nikxit.com will be constantly available, or available at all; or
b) The information on this nikxit.com is complete, accurate or non-misleading.
NikxIT Technology shall not be liable to The purchasers in any way or in relation to the Contents of, or their use of, or otherwise in direct or indirect connection with, the nikxit.com. NikxIT Technology does not warrant that this website; information, graphics, Content, materials, items, product (including software) or services included on or otherwise made available to The purchasers through the nikxit.com; their networks and servers; or electronic communication including but not limited to emails sent from NikxIT Technology are free of viruses or other harmful components.
Nothing on nikxit.com constitutes, or is meant to constitute, advice of any kind. Different state laws govern all the Products sold on nikxit.com and due to implications of different state laws, if Seller is unable to deliver such Products, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to The purchasers .
Entering a valid phone number by the purchaser will be required while placing an order on the nikxit.com. By registering Purchaser’s valid phone number with nikxit.com, The purchasers consent to be contacted by NikxIT Technology via phone/telephonic calls and/or SMS and/or communication via application based platforms, in case of related updates about any order or shipment or delivery. Purchaser’s personal information will not be used by NikxIT Technology to initiate any promotional phone calls or SMS notifications or communication via application based platforms, unless the purchasers has consented to the same. Further, the purchasers shall have the option to use email, phone call or application based communication platforms to contact NikxIT Technology for any queries, grievances,complaints and feedback, subject to the availability of the features.
Payment
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While availing any of the payment and transactions method/s available at the nikxit.com, NikxIT Technology will not be responsible or assume any liability, directly or indirectly, whatsoever in respect of any loss or damage arising directly or indirectly to The purchasers due to:
a) Lack of authorization for any transaction/s, or
b) Any payment issues arising out of the transaction,, or
c) Exceeding the pre-set limit mutually agreed by The purchasers and between "Bank/s" or
d) Decline of transaction for any other reason/s.
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All the payments made against the purchases/services on nikxit.com by the purchasers shall be compulsorily in Indian Rupees (INR) acceptable in the Republic of India. Transaction with respect to any other form of currency with respect to the purchases made on nikxit.com will not be facilitated by nikxit.com.
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NikxIT Technology may request the purchasers to provide supporting documents (including but not limited to Government issued ID and local or permanent address proof), before shipping or delivering Purchaser’s order to the purchasers, to establish the ownership of the payment instrument used by the purchasers for Purchaser’s purchase. This is done to provide a safe online transaction and shopping environment to NikxIT Technology’s Purchasers.
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Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bi partite contractual obligations between Purchaser and NikxIT Technology and Payment Facility is merely used by the purchaser and NikxIT Technology to facilitate the completion of the Transaction.
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NikxIT Technology or its service providers are specifically authorized by The purchasers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Purchasers in respect of transactions through Payment Facility. Purchaser’s relationship with NikxIT Technology is on a principal to principal basis.
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The purchasers understand, accept and agree that the Payment Facility provided by NikxIT Technology is neither a banking nor a financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the nikxit.com using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, NikxIT Technology is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
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NikxIT Technology does not provide any credit facilities.
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All prices displayed on the nikxit.com are final and no further discounts or facilities are available for any customer
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Payment Facility for Purchasers
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The purchasers understand that upon initiating a Transaction the purchasers are entering into a legally binding and enforceable contract with NikxIT Technology to purchase the items and products using the Payment Facility (a mechanism to pay through debit or credit card, cash, or online medium), and the purchasers shall pay the Transaction Price through Purchaser’s Issuing Bank to NikxIT Technology using Payment Facility.
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The purchasers may agree with NikxIT Technology through electronic communication platforms and electronic records and using the automated features as may be provided by Payment Facility on any extension or increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension or increase of Dispatch and/or Delivery time or subsequent novation or variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
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The purchasers shall electronically notify Payment Facility using the appropriate nikxit.com features immediately upon Delivery or non-Delivery within the time period as provided in Policies. Non notification by The purchasers of Delivery or non-Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash on Delivery transactions, Purchaser is not required to confirm the receipt of products or services.
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The purchasers shall be entitled to claim a refund of the Transaction Price (as Purchaser’s sole and exclusive remedy) in case The purchasers do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case the purchasers do not raise a refund claim using nikxit.com features within the stipulated time than this would make The purchasers are ineligible for a refund.
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The purchasers understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence The purchasers may not be entitled to a refund in respect of the Transactions for those products and /or services.
Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
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Refund shall be conditional and shall be with recourse available to NikxIT Technology in case of any misuse by Purchaser.
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Refund shall be subject to Purchaser complying with Policies.
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NikxIT Technology reserves the right to impose limits on the number of Transactions or Transaction Price which NikxIT Technology may receive from on an individual Valid Credit or Debit or Cash Card or Valid Bank Account and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India (RBI) to provide enabling support facility for collection and remittance of payment or by an individual Purchaser during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
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NikxIT Technology reserves the right to refuse process Transactions by Purchasers with a prior history of questionable charges including without limitation breach of any agreements by Purchaser with NikxIT Technology or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
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NikxIT Technology may do such checks as it deems fit before approving the receipt of/Purchasers commitment to pay (for Cash On Delivery transactions) Transaction Price from the purchaser for security or other reasons at the discretion of NikxIT Technology. As a result of such check if NikxIT Technology is not satisfied with the creditability of the purchaser or genuineness of the Transaction or Transaction Price, it will have the right to reject the receipt of or Purchasers commitment to pay Transaction Price.
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NikxIT Technology may delay notifying the payment confirmation i.e. delay to Dispatch, if NikxIT Technology deems suspicious or for Purchasers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, NikxIT Technology may hold Transaction Price and NikxIT Technology may not Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Purchaser) at the request of law enforcement officials or in the event the purchaser is engaged in any form of illegal activity.
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The purchaser and Seller acknowledge that NikxIT Technology will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of NikxIT Technology.
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Compliance with Laws
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Purchaser shall comply with all the applicable laws, Statutes, Ordinances and regulations for the time being in force, (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Income Tax Act, 1961, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Customs Act, and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Prevention of Money Laundering Act, 2002, and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and NikxIT Technology nikxit.com.
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Purchaser's arrangement with Issuing Bank
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All Valid Credit or Debit or Cash Card and/or other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the purchaser and the respective Issuing Bank and payment instrument issuing company.
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All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the purchasers . All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Purchaser and the respective Issuing Bank.
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Replacement Policy
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Warranty: The purchaser undertakes to take all the necessary measures to preserve in good condition all the products ordered.
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Term: Most of the NikxIT Technology products are covered by a warranty specified on the product or its packaging or by NikxIT Technology at the time of sale. However, this warranty shall not apply in the case of natural wear and tear of the product, damage caused by negligent use of the product, or by use in a manner for which the product was not intended.
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The 10 Day Replacement Guarantee seeks to assist Purchasers who have received defective goods due to purchase on the nikxit.com. If at the time of delivery and/or within 10 days from the date of delivery of the product/s, if any defect is found, then the purchaser of the product/s can ask for replacement of the product/s from NikxIT Technology subject to the following terms and conditions: a. Notify NikxIT Technology of any defects in the product/s at the time of delivery of the product/s and/or within 10 days from the date of delivery and the same product/s will be replaced in return of the defective product/s.
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Replacement can be for the entire product/s or part/s of the product subject to availability of the same with NikxIT Technology. Following products shall not be eligible for return or replacement:
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a). Damages due to misuse of product;
b). Incidental damage due to malfunctioning of product;
c). Any consumable item which has been used/installed;
d). Products with tampered or missing serial/UPC numbers;
e). Digital products/services;
f). Any damage/defect which are not covered under the NikxIT Technology warranty policy; g). Any product that is returned without all original packaging and accessories, including the box, packaging if any, and all other items originally included with the product/s delivered;​
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Against a Purchaser who, files an invalid and/or false claims or provides false, incomplete, or misleading information, NikxIT Technology reserves its right to initiate civil and/or criminal proceedings. In addition to the legal proceedings as aforesaid, NikxIT Technology may at its sole discretion restrict, block, suspend, cancel the Display Name, and its related Display Names, of such Purchaser and/or disqualify that Purchaser and any related Purchasers from availing protection through this program. Any person who, files a Fraudulent Complaint containing false, incomplete, or misleading information, knowingly and with intent to injure, defraud or deceive, may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
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Profanity Policy
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NikxIT Technology prohibits the use of language that is hateful, racist, sexual or obscene in nature in a public area.
This policy extends to all the areas of the site that another Purchaser may view including but not limited to text within listings, on Seller pages . If the profane words are part of a title for the item being sold, NikxIT Technology will 'blur' out the bulk of the offending word with asterisks (i.e., s*** or f***).
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Please report any violations of this policy to the correct area for review:
a) Report offensive language in a listing or otherwise &
b) Report offensive Display Names
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Please review NikxIT Technology’s feedback removal policy and submit a request for action/removal, if a feedback comment; or any communication made between Purchasers on the nikxit.com; or email communication between Purchasers in relation to transactions conducted on nikxit.com contain profanity.
Disciplinary action may result in the indefinite suspension of a Purchaser's account, temporary suspension, or a formal warning.
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NikxIT Technology will consider the circumstances of an alleged policy violation and the purchaser's trading records before taking action.
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Violations of this policy may result in a range of actions, including:
a) Limits placed on account privileges;
b) Account suspension; &
c) Loss of special status.
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Indemnity
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The purchasers shall indemnify and hold harmless NikxIT Technology, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers ,directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Purchaser’s breach of this Terms and Conditions, Privacy Policy and other Policies, or Purchaser’s violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
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NikxIT Technology is not responsible for injury to person, or the damage or loss of personal items, occurring at the premises, play grounds and parking area of NikxIT Technology.
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Applicable Law
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Terms and Conditions shall be governed by and interpreted and construed in accordance with the Indian Laws. The place of jurisdiction shall be exclusively in Pune, Maharashtra.
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Jurisdictional Issues/Sale in India Only
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The material on the nikxit.com is presented solely for the purpose of sale in India, unless otherwise specified. NikxIT Technology make no representation that materials in the nikxit.com are appropriate or available for use in other locations or Countries other than India. Those who choose to access this site from other locations or Countries other than India do so on their own initiative and NikxIT Technology is not responsible for supply of products or refund for the products ordered from other locations or Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
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Intellectual Property
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NikxIT Technology is the owner of all the rights of intellectual property attached to the products ordered by the purchasers . NikxIT Technology reserves the right to proceed to the necessary formalities with the aim of their protection on the Territory. NikxIT Technology undertakes to the purchasers a non-exclusive right of use on the brands and Protected Elements owned by NikxIT Technology. The purchaser recognises the existence and validity of the brand of NikxIT Technology's products and undertakes never to challenge their validity, registration and use in the Territory. The purchaser undertakes not to derive any right from the use of NikxIT Technology's products and undertakes never to attempt to register, directly in his name or indirectly by a third party, any identical or confusingly similar brand or internet domain name that may infringe NikxIT Technology's brand identity or constitute unfair competition. In case the purchaser applies for or uses any identical or similar trademark or domain name to NikxIT Technology's products, they shall immediately take all necessary actions, at their own expense, to cancel or transfer the infringing trademarks or domain names to NikxIT Technology upon NikxIT Technology's first demand. The purchasers undertake to inform and to immediately notify NikxIT Technology of illicit imitation and more generally of any unfair competition practices based on the Protected Elements.
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Trademark, Copyright and Restriction
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This site is controlled and operated by NikxIT Technology and products are sold by NikxIT Technology. All material on this site, including but not limited to images, grahics, illustrations, audio clips, and video clips, are protected by intellectual property rights. Material on nikxit.com is solely for Purchaser’s personal, non-commercial use. The purchasers must not copy, republish, upload, reproduce, post, transmit or distribute such material in any way, including by email or other electronic mediums or platforms and whether directly or indirectly and The purchasers must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment and setup or use of the items or materials for any purpose other than personal, non-commercial use is a violation of the intellectual property rights and proprietary rights, and is prohibited. Commercial use for the purposes of this clause is any use for which The purchasers receive any remuneration, whether in money or otherwise.
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IPR complaint
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In case The purchasers feel that an IPR has been infringed, The purchasers can write to NikxIT Technology at info@nikxit.com
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Product Description
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NikxIT Technology does not warrant that Product description or other content of this nikxit.com are completely accurate, complete, current, or error-free and assumes no liability in this regard.
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Limitation of Liability
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IN NO EVENT SHALL NikxIT Technology BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS AND CONDITIONS, EVEN IF PURCHASER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
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Contact Us
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Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this nikxit.com at info@nikxit.com or phone number +919730605255
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Points to be noted:
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a. NikxIT Technology may accept the return irrespective of the policy.
b. NikxIT Technology reserves the right to reject a replacement request.
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Purchaser need to raise the replacement request within 10 days from the date of delivery of products. Once Purchaser has raised a replacement request by contacting NikxIT Technology on the number or on the website link provided on the nikxit.com or the product. Once the replacement request has been raised, the following steps shall be followed:
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Purchaser is asked for "Reason for Return". Among others, the following are the leading reasons:
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• Shipping was damaged
• Item was defective
• Item(s) were missing
• Wrong item sent
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An intimation must be provided to NikxIT Technology seeking either "approval" or "rejection" of the replacement request.
In case NikxIT Technology accepts the replacement request, Purchaser shall be required to return the product to NikxIT Technology and only after return of the product, NikxIT Technology shall be obliged to provide the replacement product to the purchaser.
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In case NikxIT Technology doesn't have the product at all, NikxIT Technology can provide the refund to the purchaser and Purchaser shall be obligated to accept the refund in lieu of replacement. All the product parameters shall be required to be complied with in cases of replacement.
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All shipping and other replacement charges shall be borne and incurred by the purchaser (if applicable).
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Cancellations
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Purchasers can cancel your order online before the product/item has been shipped. In this case The purchaser’s entire order amount will be refunded. In case the product/item the purchasers have ordered has been shipped but has not yet been delivered to the purchaser, the purchaser may still cancel the order online or by calling on the number +919730605255. The purchaser’s refund will be processed once NikxIT Technology receives the originally ordered item back from the courier. Unfortunately, an order cannot be cancelled once the item has been delivered to the purchaser.
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In order to Cancel the order, the purchaser can login to the nikxit.com and click on Return/Exchange/Cancel order link in My Account section. Enter the order details and submit. Once NikxIT Technology receives the request, NikxIT Technology will initiate the cancellation request.
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Shipping charge will be refunded only if the entire order is cancelled. However for a partial cancellation,
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NikxIT Technology does not have a refund for the shipping charge.
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Disputes (Resolutions) Policy
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Overview: Generally, transactions are conducted smoothly on the nikxit.com. However there may be some cases where both the purchasers and NikxIT Technology may face issues. NikxIT Technology’s Dispute Resolution Process is as follows – in case dispute arises between the purchasers and NikxIT Technology, both Parties shall make all attempts to mutually and amicable dispute resolution. Failure to do so shall give the aggrieved Party the right to institute appropriate proceedings under the scope of law.
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What is a 'dispute'? A 'Dispute' can be defined as a disagreement between a Purchaser and NikxIT Technology in connection with a transaction on the nikxit.com.
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How does a 'dispute' occur in the Marketplace?
a) disagreement between the purchaser and NikxIT Technology results in dispute filing. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint or issue.
b) It is important that before a Purchaser/NikxIT Technology raises a dispute, they should attempt to solve the complaint or issue.
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How is a 'dispute' created? Whenever there is a disagreement, the aggrieved purchaser can write to info@nikxit.com, in order to raise a dispute. Disputes can be raised at a particular transaction level.
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What are the various types of 'disputes'? Following are the indicative examples of potential disputes:
a) Wrong item received
b) Seller Description/Specification Wrong
c) Item Not as described
d) Part or Accessory missing
e) Item not Compatible
f) Damaged or Seal broken on items or Product
g) Defective (Manufacturing defects)
h) Product not working
i) NikxIT Technology claims invalid Invoice
j) Payment not received
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Disputes via Chargeback: Whenever a chargeback (CB) comes from a payment gateway/bank, following situations may arise:
a) Item not as described - meaning item is not what Purchaser expected.
b) Item not received CB - Purchaser hasn't received the item. Refund will be created in accordance with the dispute policies
c) Unauthorized CB - Purchaser hasn't made this particular transaction. Refund will be created in accordance with the dispute policies.
d) Dispute will be decided in accordance with the dispute policies. e) NikxIT Technology expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of NikxIT Technology.
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Email Abuse & Threat Policy: Private communication, including email correspondence, is not regulated by NikxIT Technology. NikxIT Technology encourages its Purchasers to be professional, courteous and respectful when communicating by email. However, NikxIT Technology will investigate and can take action on certain types of unwanted emails that violate NikxIT Technology policies. Such instances:
a) Threats of Bodily Harm - NikxIT Technology does not permit Purchasers to send explicit threats of bodily harm.
b) Misuse of NikxIT Technology System - NikxIT Technology allows Purchasers to facilitate transactions through the NikxIT Technology system, but will investigate and probe any misuse of this service.
c) Spoof (Fake) email - NikxIT Technology will never ask the purchasers to provide sensitive information through email. In case the purchasers receive any spoof (fake) email, the purchasers are requested to report the same to NikxIT Technology through 'Contact Us' tab.
d) Spam (Unsolicited junk or chain emails or Commercial email) - NikxIT Technology's spam policy applies only to unsolicited commercial messages sent by NikxIT Technology Purchasers. NikxIT Technology Purchasers are not allowed to send spam messages to other Purchasers.
e) Offers to Buy or Sell Outside of NikxIT Technology - NikxIT Technology prohibits email offers to buy or sell listed products outside of the NikxIT Technology nikxit.com. Offers of this nature are a potential fraud risk for both Purchasers and NikxIT Technology.
f) NikxIT Technology policy prohibits Purchaser-to-Purchaser threats of physical harm and/or abuse via any method including, phone call, SMS, email and on NikxIT Technology’s public message section,
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Violations of this policy may result in a range of actions, including:
i) Limits on account privileges
ii) Account suspension
iii) Cancellation of listings
iv) Loss of special status
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Other Businesses
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NikxIT Technology does not take any responsibility or liability for any activity, actions, products, items, content and services on the nikxit.com, which are linked to Affiliates and / or third party websites using nikxit.com's APIs or otherwise. In addition, the nikxit.com may provide links to the third party websites of NikxIT Technology’s affiliated companies and certain other businesses for which, NikxIT Technology assumes no responsibility for examining, probing, investigating or evaluating the products and services offered by them. NikxIT Technology do not warrant the offerings of, any of these business entities or individuals or the content or products of such third party website(s). NikxIT Technology does not endorse, in any way, any third party website(s) or content thereof.