Terms of service

TERMS AND CONDITIONS

These terms and conditions (“Terms”) govern the access or use by you, an individual (hereinafter referred to as “You”, “Your” or “User”), of websites, https://nooe.co/ (the “Website”) made available by Palindrome Design India Private Limited (hereinafter referred to as ‘Company’) a private limited liability company established in 2022, having its registered office at H. No. 57 First Floor Flat No.2 Khasra No.363 Village- Sultanpur, New Delhi, New Delhi, Delhi, India, 110030. The Company values the trust You place in it and maintains reasonable security standards for securing Your information.

THE SERVICES

The services constitute an e-commerce platform that enables Users to buy products directly from the Website (the “Service”).

(The Services and the Website shall collectively be referred to as the “Platform”)

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

The Terms, read together with the Privacy Policy, constitute a legal and binding agreement between You and the Company, enforceable under the relevant laws. By accepting the Terms, You represent and warrant that You are at least 18 years of age and have the right, authority, and legal capacity to enter into these Terms.

USER ACCOUNT, PASSWORD, AND SECURITY

In order to access the Platform, You will have to register and create an account on the Website by providing details as may be required in the Privacy Policy (“Account”).
You are solely responsible for the information You provide to the Company. You shall ensure and confirm that the Account information and all information provided by You is complete, accurate and up to date. If there is any change in the Account information, or if any information is found to be incomplete or incorrect, You shall promptly update Your Account information on the Website or request the Company for information revision or update. If the information provided by You is untrue, inaccurate, unauthorized, not current, or incomplete, the Company reserves the right to refuse any and all the Services. If the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Company reserves the express right to refuse access to the Platform at any time without notice for Your failure to abide by the Terms as set forth herein or to comply with applicable laws.
You will be responsible for the confidentiality of the Account information provided and fully responsible for all activities that take place on Your Account. You agree to immediately notify the Company of any unauthorized access of Your Account. You may be held liable to pay damages for losses caused due to unauthorized use of Your Account as a result of Your failure to keep Your Account information secure and confidential.

YOUR CONTENT

Content that You post on the Platform is Your content (“User Content”). You retain ownership of any intellectual property rights that You hold in the User Content.
You grant to the Company a royalty-free, non-exclusive, perpetual, irrevocable license to use, copy, edit, adapt, publish, reproduce, translate, sub-license, create derivative works from, make available, communicate, display, store and distribute User Content (in whole or part) and/or to incorporate it in other works in any form, format, media, or technology now known or later developed (including without limitation in print, digital and electronic form) throughout the world in accordance with the provisions of these Terms. By submitting User Content, You warrant that You have the right to grant this license. To the extent permitted by law, You waive all moral rights in the User Content. To the extent that You are unable to waive any such moral rights, You agree not to assert the same.
You acknowledge that the Company is not responsible for checking, monitoring or moderating any Content and You remain solely responsible for all Content that you upload or submit.
By uploading or submitting User Content to the Platform, You warrant and represent that You are the sole author of and owner of all proprietary rights in the User Content. If the User Content includes any material proprietary to a third party, You warrant that You have obtained the permission of such third party owners to use their material in accordance with the provisions of these Terms.
You warrant and represent that User Content will not be inappropriate. Without limitation, User Content will be considered inappropriate if:

It is defamatory, plagiarised, abusive, malicious, threatening, false, misleading, offensive, insulting, discriminatory, profane, harassing, racist, sexist, indecent, obscene, pornographic or hateful;
it is in breach of confidentiality or another person’s privacy;
it prejudices any active legal proceedings of which You are aware;
it contains accusations of impropriety or personal criticism of the Company’s staff;
it infringes any intellectual property rights proprietary to the Company or any other third party;
it is technically harmful (including without limitation computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct);
it advertises or promotes any product or service or makes any requests for donations or financial support;
it is spam or junk content;
it impersonates another person or otherwise misrepresents Your identity, affiliation or status;
it would be considered a criminal offence, or gives rise to civil liability, or is otherwise unlawful; and/or
it is in breach of these Terms.

USE OF PLATFORM

Subject to compliance with the Terms, the Company hereby grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to access and use the Platform. You agree to use the Platform only: (a) for purposes that are permitted by the Terms; and (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by the Company and/or other Users.
You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by the Company. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
You agree not to attempt to gain unauthorised access to the Platform, the server on which the Platform is hosted or any server, computer or database connected to the Platform or to attack the Platform via a denial of service attack.
The Company may reject, remove, or limit visibility of any User Content, and may disable any account or restrict Your ability to use all or parts of the Platform, for any or no reason without notice. The Company always retains the right to remove any User Content or account if the Company feels it is in the Company’s or the User’s interest.

TERMINATION OF ACCESS

The Company reserves the right to immediately block any IP address from accessing the Platform with or without any reason and prior notice. The Company can make this decision at its sole discretion and shall not be liable in any manner whatsoever to any User or third party.
Without prejudice to the Company’s general right to terminate access to the Platform, termination can also be carried out if:

The User breaches or deviates from these Terms.
Law enforcement or other government agencies make such request.
Occurrence of unexpected technical issues or problems.

INTELLECTUAL PROPERTY RIGHTS

The Platform and the processes, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) (collectively, the “Content”) on the Platform is licensed to the Company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

The trademarks, logos and service marks displayed on the Platform (“Marks”) are the licensed property of the Company or owned by third parties. You are not permitted to use the Marks without the prior consent of the Company or the relevant third party (which is the owner of the Marks) respectively. Access or use of the Platform does not authorise any party to use trademarks, logo, or any other mark in any manner.

YOUR PRIVACY

Our Privacy Policy details how Your information is collected, used and shared when You use the Platform. By using the Platform, You are also agreeing that the Company can process Your information as detailed in the Privacy Policy.

DISCLAIMERS

We do not guarantee, represent or warrant that Your use of our Platform will be uninterrupted, timely, secure or error-free. The Company does not warrant that the results that may be obtained from the use of the Platform will be accurate or reliable. You agree that from time to time the Company may remove, suspend or cancel the Platform for indefinite periods of time, without notice to You. You expressly agree that Your use of, or inability to use, the Platform is at your sole risk. The Service and all products and services delivered to You through the Platform are provided “as is” and “as available” for Your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, under no circumstances shall the Company be liable for claims including but not limited to a) any person on account of that person’s use or misuse of or reliance on the Platform b) any unauthorised access to Your information or modification thereof c) behaviours of others on the Platform. Such limitation of liability shall apply to prevent recovery of indirect, incidental, consequential, special, exemplary, and punitive damages or any loss of profits, revenue, interest, goodwill, loss or corruption of data or any loss of or interruption to the User’s business, whether such claim is based on warranty, contract, tort (including negligence), indemnity, or otherwise.

INDEMNITY

To the fullest extent allowed by law, You will indemnify and hold the Company harmless from all damages, liabilities, settlements, expenses, fines, penalties, expenses, costs, and attorneys’ fees arising from or related to any claim or demand made by any third party due to or arising out of Your access to or use of the Platform, Your access to, creation of, or transmittal of any of the content, Your violation of these Terms, or Your infringement of any intellectual property or other rights of any person or entity.

JURISDICTION AND DISPUTE RESOLUTION

These Terms are governed by the laws of New Delhi without giving effect to any principles of conflicts of laws. For the purpose of these Terms, the courts of New Delhi shall have exclusive jurisdiction.
These Terms and any matter arising from or in connection with these Terms shall be governed by and construed in accordance with the laws of India. You and the Company (“Parties”) agree that they will use their best efforts to amicably resolve any dispute arising out of or in relation to these Terms by mutual negotiation. In case the Parties fail to resolve any dispute within 30 (thirty) days from the date of notification of the dispute by either Party, such unresolved dispute shall be settled through arbitration under Indian Arbitration and Conciliation Act, 1996 as time being in force at New Delhi by a sole arbitrator to be mutually appointed by both the Parties. The arbitration award shall be final, conclusive and binding on both the parties. The venue of the arbitration shall exclusively be New Delhi and it shall be conducted in the English language only.

CHANGES TO THESE TERMS

The Company reserves the right to change these Terms at any time. The Company shall notify You of significant changes to the Terms by sending a notice to the primary email address specified in Your account or by placing a prominent notice on the Website. Significant changes will go into effect 15 (fifteen) days following such notification.

GENERAL

Entire Agreement: These Terms and the Privacy Policy shall constitute the entire and final agreement between the Parties with respect to the subject matter covered herein.
Severability: If any provision of these Terms is or becomes illegal, invalid or unenforceable, such provisions of these Terms will not affect the validity or enforceability of the remaining provisions of this Agreement.
Non-Waiver: No waiver, by either Party, of any provision of these Terms shall, in any event, become effective unless the same is in writing and such waiver shall be effective only in the specific instance described and for the purpose that the waiver is given.
Specific Performance: In the event of breach of the terms of these Terms by You, damages may not be an adequate remedy to the Company and, therefore the Company shall be entitled to enforce specific performance of these Terms against You, and also be entitled to injunctive and other equitable relief in addition to any other remedy to which it may be entitled, under applicable law or in equity.