This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Product, Content and Specifications
The information and Products offered on the Website or through other mediums should not be considered as a substitute for professional advice. The User’s use of the Website and/or Products is subject to the additional disclaimers and caveats that may appear throughout the Website and on the Products. We assume no responsibility for any consequence relating directly and/or indirectly to any action and/or inaction that the User takes based on the information, Products and other materials on this Website. While We strive to keep the information relating to the various Products offered on this Website accurate, complete and up-to-date, We cannot guarantee, and will not be responsible for any damage and/or loss related to, the accuracy, completeness or timelines of the information. All features, content, products, specifications and prices of products and services described or depicted on this website are subject to change at any time without notice. The inclusion of any products or services in this website at a particular time does not imply or warrant that these products or services will be available at any time. The Company may change, suspend and/or discontinue the Products at any time, including the availability of any feature, database and content on the Website. The Company may also impose limits on certain features and Products and/or restrict the User’s access to parts and/or all of the Products without notice and/or liability to the Users. All weights, measures and similar descriptions are approximate and are provided for convenience purposes only.
It is your responsibility to ascertain and obey all applicable local, state, central laws (including minimum age requirements) in regard to the possession or use of any item purchased from this website. By placing an order, you represent that the products ordered will be used only in a lawful manner. All products sold are for private/ home use, and may not be publicly performed or displayed, and may not be duplicated.
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. We reserve the right to terminate your membership and / or refuse to provide you with access to the Website, if it is brought to Our notice or if it is discovered that you are under the age of 18 years. Also if we discover that you are not legally entitled to order certain goods, we will not be obliged to complete the order.
The User shall be entitled to use the Website for any online transaction after getting him/her registered on the Website after furnishing all relevant information relating to the User as sought on the Website. The User shall be solely responsible for the confidentiality of its User Id and Password.
The User shall be solely responsible for the accuracy and correctness of all such details/information given by the User during registration. NortyDorty.com may at its sole discretion verify those details, if it deems fit. If We have reason to doubt the correctness of any detail/information furnished by the User or in case any information furnished by the User is found incorrect, false or misleading then We shall be entitled to cancel or suspend the registration of the User permanently or for such period as We may deem fit.
The User confirms that We shall not be responsible for:
- Any deficiency in Products for reasons attributable to the User.
- Any loss and/or damage to the User due to incorrect, incomplete and/or false information furnished by the User.
- Any deficiency in payment of consideration payable by the User to any third parties.
The User shall further be liable to be prosecuted and/or punished under applicable laws for furnishing false, incorrect, incomplete and/or misleading information to Us.
There is an option given during the course of every transaction to enable you to express your acceptance or rejection of these terms. Please exercise the said option during the course of any transaction after going through these terms, as your acceptance by clicking on “I Accept” shall be deemed that you have accepted these terms fully and you have gone through and understood these terms completely and these terms shall be treated as legally binding and enforceable Agreement between NortyDorty.com and you. If you do not agree with any of these terms or all of these terms, then you should stop dealing with and/or not initiate or undertake any transaction on this Website.
All orders made by you through www.NortyDorty.com Website are subject to acceptance and availability. We may choose not to accept your order for any reason.
Prices of products are correct at the time of entering information, however, we reserve the right to change prices without prior notice.
For the avoidance of doubt, no contract will exist between you and www.NortyDorty.com for the sale by Us to you of any product unless and until We send you an e-mail confirming that it has dispatched your product.
The User consents and gives his/her consent to receive communications from Us electronically/through electronic records. We will communicate with the User by e-mail and/or by posting notices on this Website. The User agrees that all agreements, notices, disclosures and other communications that We provide to the User electronically satisfy all legal requirement of adequate service of notice/electronic record. This document is an electronic record in terms of Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical and/or digital signatures.
It should be noted that, you may come across Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, We assume no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
It should be noted that We are purely an e-shopping website and do NOT intend to be an adult site or any site which encourages or promotes access, promotion or sale of pornographic, adult or any sort of objectionable materials. We are committed to sell products which are legally allowed for sale in India and are embarrassing to purchase from retail shops despite being widely available at retail shops.
Intellectual Property Rights
(a) The User acknowledges and agrees that NortyDorty.com retain all right, title, ownership and interest in and to the Website, all data and information other than data and information relating to the Products provided by third party service providers through the Website (“Third Party Content”), content, material, text, literature, images, illustrations, photographs, videos, clippings, graphics, scripts, page headers, sounds, music, interactive features, the selection and arrangement of elements, the compilation, layout, design, software, domain name, business process, procedures, in any form whatsoever including but not limited to, print, writing, oral, electronic, digital/IT enabled, in machine readable and/or in any other form, and all patent rights, copyright rights, trademark rights, service mark rights, trade secret rights and other intellectual property rights therein recognized anywhere in the world. All use of such rights, including intellectual property rights, in any manner, medium or mode shall perpetually and throughout the world legally vest in NortyDorty.com.
(b) All intellectual property of the Website is a valuable asset of NortyDorty.com and the User agrees to protect, preserve and maintain confidentiality of the same. The User acknowledges that any unauthorized dissemination of the intellectual property of the Website would destroy or diminish its value and cause irreparable harm and loss to Us, and that monetary damages will be inadequate to compensate for any breach of confidentiality. The User, therefore, agrees that We shall, in addition to its rights in law and equity including to its right to claim damages, have the right to seek immediate injunctive relief and specific performance to enforce the confidentiality obligations contained herein.
(c) The Website is protected by copyright as a collective work and/or compilation, pursuant to Copyright laws, international conventions, and other worldwide copyright laws. The User is not authorized to reproduce, republish, distribute, transmit, modify, edit, sell, transfer, license, translate, communicate, publish, use or exploit the Website and/or its content in any manner whatsoever, or create derivative works based on it, in whole or in part, without our express written authorization, which We are under no obligation to grant. You hereby agree not to adapt, alter or create any derivative work from any of the material contained in this site. In addition, the material cannot be used for any other purpose other than for your own personal and non-commercial use.
(d) Any logo, trademark, brand name, service mark, trade name, slogan, and other indicia (“Marks”) that appear on or in connection with the Website and/or its content, is the intellectual property of NortyDorty.com. NortyDorty.com expressly reserves all rights therein and the User agrees not to display, use or exploit the same in any manner whatsoever. Nothing contained in this Website should be construed as granting, by implication, estoppels, or otherwise, any license or right in and to the Marks.
(e) The User’s misuse of the Website and/or its content and/or its Marks, is strictly prohibited. The User is advised that We will aggressively enforce its intellectual property rights in the Website and/or its contents to the fullest extent permissible by law, including by seeking appropriate remedies including criminal sanctions solely at the User’s risk as to costs and consequences. We have all the rights to disable or prohibit access to the Users who do not abide by these terms and involve in the infringement of our intellectual property.
(f) All the information and content disclosed on the Website is proprietary in nature and solely belongs to Us and its respective licensors and shall not be used and/or copied and/or tampered with in any manner (as the case may be).
THIRD PARTY CONTENT
All third party trademarks, logos, photographs, images, content and other intellectual property contained on or through the Website are the property of the respective third parties and may be protected by applicable copyright, trademark or other intellectual property laws and treaties. Each such third party expressly reserves all rights to such intellectual property. The User shall abide by all copyright notices, intellectual property rights, information, and restrictions contained in any content accessed through the Services.
If, at Our request, you send certain specific submissions (for example contest entries) or without a request from Us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘Comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
Disclaimer and Limitation of Liability
1. In connection with the use of this website, in no event will We be liable,
- For losses that were not foreseeable to both parties when the contract was made.
- For losses that were not caused by any breach on the part of the supplier.
- For business losses and/or losses to non-consumers.
2. You agree to use this site only for lawful purposes, and in a manner which does not violate the rights of, or restrict or inhibit the use and enjoyment of this site by any third party, such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this site.
3. Your use of the Website and services and tools are governed by the following terms and conditions as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Us and these terms and conditions including the policies constitute Your binding obligations with Us.
6. The User shall not attempt to gain unauthorized access to any of the Products on the Website, other users account(s), computer systems and/or networks connected to the Website through hacking, password mining and/or any other means. The User shall not attempt to obtain any materials or information through any means not intentionally made available to the User through the Website.
7. We provide access to the Website on an ‘as is’ and ‘as available’ basis. Neither do We nor do third parties related to Us, provide any warranty or guarantee, express or implied, as to the accuracy, fitness, merchantability, availability, quality, performance, completeness or suitability of the Website and/or its content and/or the Products, for any specific purpose.
8. We shall be under no liability whatsoever in respect of any loss, damage, claim or fraud suffered directly or indirectly by the User as a result of the User viewing, accessing, visiting and/ or otherwise using the Website.
9. We do not warrant that access and use of its Website and/or its content and/or the Products will be uninterrupted, timely, secure and error-free since the same could be affected by overload/breakdown of receiving network, servers or applications; system failures; and frauds out of Our control.
10. The User expressly agrees and understands that the Services, materials, consultations, content and information offered on the Website is not a substitute for professional advice and We shall not be liable for any claims arising thereto.
11. We do not endorse in anyway any advertisers/contents of advertisers on its Website. The User shall verify the veracity of all information on his/her own before undertaking reliance and acting thereupon. We shall not be responsible and/or liable for any claims, actions losses and/or consequential damages arising on account of the User relying on the contents of the advertisement. Advertisement/advice (if any) received via the Website should not be relied upon for personal, legal and/or financial decisions and the User should consult an appropriate professional for specific advice tailored to your situation.
12. We neither warrant nor represent that use of the Products and/or services by the User will not infringe the rights of third parties not owned by or affiliated with Us.
13. There may be delay in provision of Products and/or services due to factors beyond Our reasonable control and therefore We shall not be held responsible and liable for any delay and/or failure in performance of Our Services due to such factors. The Website may be subject to changes and/or improvements periodically. During the process of up-gradation, repair, maintenance and/or improvements, contents/systems/programs/software may be suspended for any use. We shall not be liable for any inconvenience, loss, damage, cost, expenses which may be incurred by the User due to unavailability of the Website for any use. We do not warrant that the software will work on all networks and/or will be available in all geographical areas.
(I) CONDITIONS OF SALE AND PAYMENT TERMS
Prior to the purchase of any Products on the Website, the User must provide Us with a valid credit/ debit/ cash card number and associated payment information including all of the following :
(a) User name as it appears on the card
(b) User credit / debit / cash card number
(c) the credit / debit / cash card type
(d) the date of expiration and
(e) any activation numbers or codes needed to charge the User’s card. By submitting that information to the Company, the User hereby agrees that the User authorizes the Company to charge the User’s card at the Company’s convenience. All sales of Products are final. All charges from those sales are non-refundable.
We may use a third-party as a payment gateway. By subscribing to Our Services, the User expressly authorizes a third-party payment gateway to charge the User’s credit card/debit card. We shall not be responsible for any and all liability accruing to the User as a result of any fraud, misuse and/or duplicate transactions arising thereto.
(II) METHODS OF PAYMENT, CREDIT/ DEBIT/ CASH CARD TERMS AND TAXES
We shall actively report and prosecute actual and suspected credit/ debit/ cash card fraud. We may require further authorization from the User such as a telephone confirmation of the User’s order and/or other information. It shall be at Our discretion, to decide to require further authorization to process the order placed. We reserve the right to cancel, delay, refuse to deliver, or recall from the carrier any order in case fraud is suspected.
The Website captures certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any of the Website’s order is suspected to be fraudulent, all records will be submitted with or without a subpoena to all law enforcement agencies and to the credit/ debit/ cash card company for fraud investigation. We will cooperate with authorities to prosecute offenders to the full extent of the law.
(IV) ORDER ACCEPTANCE POLICY
We hereby inform the User that User’s receipt of an electronic or other form of order confirmation does not signify Our acceptance of the User’s order, nor does it constitute confirmation of Our offer to sell. We reserve the right at any time after receipt of the User’s order to accept or decline the User’s order for any reason. We further reserve the right any time after receipt of the User’s order, without prior notice to the User, to supply less than the quantity, the User ordered of any item. The User’s order will be deemed accepted by Us upon shipment of the Products or performance of services that the User has ordered as indicated by Our servers. Title to the Products and all risk of loss passes to the User upon delivery to the common carrier. We may require additional verifications or information before accepting any order.
(V) RIGHT TO REFUSE OR CANCEL ORDER FOR MISPRICED PRODUCTS OR SERVICES
We shall have the right to refuse or cancel any orders placed for Products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and the User’s credit/ debit/ cash card charged. If the User’s credit/ debit/ cash card has already been charged for the purchase and User’s order is cancelled, We shall immediately issue a credit to the User’s credit/ debit/ cash card account in the amount of the charge.
(VI) MODIFICATIONS TO PRICES OR BILLING TERMS
We reserve the right, at any time, to change its prices and billing methods for Products or services sold, effective immediately upon posting on the Website or by e-mail delivery to the User. On being informed about the change in the prices and/ or billing methods for the Products and/ or services or the delivery policies, We may require 24-48 hours to replace or alter the changed price or and/ or billing methods and/ or the delivery policies on the Website.
We shall deliver the Products in accordance with the Shipping and Customs Policy set out on the Website. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
This Site may be accessed from countries other than India. This Site may contain products or references to products that are not available outside India. Any such references do not imply that such products will be made available outside India. If you access and use this Site outside India you are responsible for complying with your local laws and regulations.
NortyDorty.com is compliant with the Data Protection Laws. We assure you that we shall not pass on your details to any third party without your prior consent.
The Website may contain hyperlinks to websites operated by persons other than NortyDorty.com (hereinafter referred to as the “Web Links”). Such Web Links are provided for the User’s reference and convenience only and they do not constitute as any recommendation and/or advice and should not be relied upon in making and/or refraining from making any decision. We reserve Our right to remove any such Web Links anytime without any prior notice. We are not under obligation to review the contents of Web Links and therefore do not control the contents of those Web Links. The User leaves the Website by clicking on Web Links and goes to respective internet websites and use of those Web Links shall be regulated by terms provided on respective websites. We are neither acting as publisher of contents of those Web Links nor endorser of any representation published on those Web Links. The User confirms that any access of Web Links by the User shall be entirely at the User’s own risk.
(i) We may, at any time, terminate or suspend any and all the Products or services and/or access to the Website immediately, without prior notice and/or liability. The Products or services and/or access to the Website may also be terminated or suspended if :
(b) Requests by law enforcement and/or other government agencies.
(c) Discontinuance and/or material modification to the Website and/or Service (or any part thereof).
(d) Unexpected technical and/or security issues and/or problems.
(e) Engagement by the User in fraudulent and/or illegal activities.
(f) Non – payment of consideration owed by the User in connection with the use of Website and/or Services.
(ii) Termination of the User account includes:
(a) Removal of access to all offerings within the Products.
(b) Deletion of the User Id and Password and all related information, files and content associated with or inside the User account (or any part thereof).
(c) Barring of further use of the Website and/or Products and/or service.
Explanation: “Force Majeure Event” means any event due to any cause beyond Our reasonable control, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake ,explosion, acts of God, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, terrorist attack, hostilities whether war be declared or not, acts of government, governmental orders or restrictions breakdown and/or irregularities in networks, bugs, viruses, breakdown of software, hacking of the Website and/or contents provided for availing the Products under the Website.
Any queries in respect to the Products and/or services and/or Website should be sent at –
Office Address: 8762 Forest Breeze Dr Cordova, Tn 38018.
All kind of correspondence should be addressed to Company’s office address as given above.
NortyDorty.com reserves the right to amend these terms and conditions from time to time. Further, placement of any order for the Products, transacting on the Website and/or using any information from the Website and/or use of the Products by the User following such notification constitutes the User’s acceptance of the terms and conditions as modified. If anybody does not agree with the Terms and Conditions as provided in herein in entirety his sole and exclusive remedy is to discontinue using any of the Products and/or services being offered on the Website.