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These terms and conditions (“Terms”) apply to the website and all other online properties (“Site”) operated by Nityam Interio Innovations Private Limited and our affiliates and subsidiaries (“Nityam Interio”, “we”, or “us”). “User(s)”, “you” or “your” shall mean the person(s) visiting and/or accessing the Site in any capacity. “Released Parties” shall mean Nityam Interio and its officers, employees, agents, partners, and licensors.
The use of the Site, including the purchase of any Products is subject to the following Terms, please read these Terms carefully. By using this Site, you agree to these Terms as well as any other terms, guidelines or rules that apply to any portion of this Site, without limitation or qualification. If you do not agree to these Terms, then you must exit the Site immediately and discontinue any use of the information or products obtainable or accessible through the Site. If you have any questions about the Terms, please click here to contact us.
We provide the Site in order to enable you to browse and purchase Nityam Interio products and services (“Products”). The terms “Products” and “Services” are hereinafter used interchangeably and refer to the use of the Site to browse and purchase Nityam Interio products.
We have adopted a Privacy Policy that you should refer to in order to fully understand how we collect and use your information. The Privacy Policy is hereby incorporated into these Terms by reference.
When you visit the Site, or send us e-mails, you are communicating with us electronically. Also, when you place an order as a guest or by registering on the Site, you are accepting the Terms. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
Although, no part of the Site is restricted/unlawful to access for persons under the age of 18 (eighteen) years, however if you are under the age of 18 (eighteen) years, you may use the Site only with the involvement of a parent or guardian.
If you use the Site on behalf of someone else (such as your child), you represent and warrant that you are authorised, expressly or by implied consent, by such individual to (i) accept these Terms on such individual’s behalf, and (ii) agree to be bound by these Terms on behalf of such individual.
If you are using the Site on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you (a) are an authorized representative of that Organization; (b) have the authority to bind that Organization to these Terms; and (c) agree to be bound by these Terms on behalf of that Organization. Nityam Interio reserves the right to deny access or use of the Site and the Products to anyone at any time in our sole and absolute discretion
Images of people, places and/or products posted on this Site are either the property of Nityam Interio or our licensors. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials together, with Marks, (“Nityam Interio Content”) is the property of Nityam Interio or its licensors, partners or affiliates and is protected by Indian and international copyright laws. The compilation of this Site is the exclusive property of Nityam Interio and is protected by Indian and international intellectual property laws. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Site only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this Site, please click here to contact us.
All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are our intellectual property, or the other respective owners of such Marks who we may have licensed such Marks from. You shall not display or reproduce the Marks in any manner without the prior written consent of Nityam Interio, and you shall not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.
We grant you a limited license to use the Site for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form, any of the contents of this Site not intended to be so read. This includes using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.
We grant you a limited license to use the Site for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form, any of the contents of this Site not intended to be so read. This includes using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.
Warranty:
Your Nityam Interio Products are covered by different warranty periods. If there is an issue with your product, then please review the warranty conditions associated with each product here (“Product Warranty”) and please click here to contact us. The Product Warranty is incorporated by reference into these Terms. To the extent there is a conflict between the terms of the Product Warranty and these Terms, the terms of the Product Warranty will prevail with respect to Products purchased from Nityam Interio.
Returns:
If you want to return any of the Products that have a valid return policy after your receipt of that particular product as mentioned on the product listing page, then please follow the process detailed below. The time limits for such returns or replacement shall be as mentioned on the respective product’s listing page and is hereby incorporated into these Terms by reference. Return shipping within India is free. You may cancel an order anytime prior to shipment.
Product Returns:
If you want to return your Products within the allowed time limit after your receipt, please click here to contact us. to arrange a return pick-up. The following conditions also apply to Product returns:
Products must be in donatable condition to be eligible for return (e.g., no stains, tears or other soiling including odors, except such defects that have been reported to us along with return request and confirmed by our representative);
Products shipped outside of the India are not eligible for return;
Customers may return a maximum of two (2) units of a particular Product per initial order, validated by a customer name or shipping address (i.e., please try a Product first—we are happy to send you more later!);
For Products eligible for No-Questions-Asked return policy like the 100 days trial for some of our mattress products, if at least one Product type is returned from an initial order, that customer or shipping address will not be eligible for additional 100-night trials on subsequent orders of that particular Product.
You may choose to seek a replacement of the product returned by you or a refund of the price paid by you, as per the Product Warranty. More details about Replacement and Returns are available at the FAQs here .
Refund Mode and Duration:
Once your refund has been initiated, you will be required to share your official email address and bank account details with us, upon request over email or other communication. After sharing the above details, you will receive a refund initiation confirmation and you will receive the amount back in your account, within 5 working days of us receiving the required details. In case of orders paid by cash at the time of delivery, we will not provide refund in cash and the refund amount will be transferred electronically to your bank account, details of which will be sought in the aforesaid manner.
Out of Stock:
We endeavour to ensure that all products listed on the Site are available in stock for dispatch to you. However, in case this in not available for any reason, we will contact you and give you the option to exchange, delay or cancel the order based on your convenience. Any refund availed under this provision shall be as per the terms specified above
From time to time, Nityam Interio may offer qualified consumers “gift codes” or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “Offer Codes”) that are redeemable towards a purchase of Products on the Site, while supplies last, and subject to certain merchandise exclusions or any other restrictions as may be determined and communicated by Nityam Interio in its sole discretion. Only valid Offer Codes provided or promoted by Nityam Interio will be honored at checkout. Offer Codes supplied or promoted by third parties unauthorized by Nityam Interio (including any unauthorized third party websites) will not be considered valid. Each Offer Code promoted by NItyam Interio is non-transferable and valid for single use on an item (or items) of merchandise covered by NItyam Interio. For online purchases, the code must be entered in the ‘offer code’ field at checkout. Offer Codes are not valid in showrooms or stores and are valid online only. NItyam Interio is not responsible for corrupted codes or any unauthorized use of codes. Offer Codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. Expiry dates may apply to each Offer Code. Offer Codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all Offer Code requirements will not be honored.
Spokes people:
From time to time, NItyam Interio may also engage spokespeople, influencers, bloggers, or other individuals or entities who have been or would be compensated or incentivized to speak on behalf of the brand. When you receive an Offer Code via a third party source, such as a television or radio show host, or through any other media, please note that such persons may have been compensated by Nityam Interio for their statements and you shall have no claim against such person(s).
We appreciate hearing from our users and welcome your comments regarding the Site. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“Creative Ideas”), we will (a) own, exclusively, all now known or later discovered rights to the Creative Ideas; (b) not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and (c) be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
From time to time, Nityam Interio may allow you to post reviews, comments, photos, or similar materials on the Site (collectively, “Reviews”). We welcome your comments regarding our Products and services, including our Site. However, any Reviews you submit to NItyam Interio must not harass, slander, malign, libel, defame, illegally threaten Nityam Interio, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.
By posting a Review on the Site, you hereby grant Nityam Interio an unrestricted, assignable, sublicensable, perpetual royalty-free, fully paid up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) all Reviews you post to the Site, for any purpose, including promoting and marketing Nityam Interio and the Products. You further grant Nityam Interio a royalty-free license to Use the name, image, and likeness of any person identifiable in any Review you post to the Site. By posting a Review, you waive any and all rights of publicity, privacy or any other rights of a similar nature, in addition to any moral rights you may have in your Review. Except for materials provided to you by Nityam Interio through the Site, you represent, warrant, and covenant that (a) you either are the sole and exclusive owner of Reviews that you post to the Site, or you have all rights, licenses, consents, and releases that are necessary to grant to Nityam Interio the rights in your Reviews as contemplated under the Terms, and (b) the Reviews you post to the Site do not (i) infringe, misappropriate or violate the rights of any party or entity, including a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, (ii) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise), or (iii) require NItyam Interio to obtain any licenses from or make any payments in any amounts to any third party throughout the world.
No Objectionable Content:
You agree to not submit Reviews that: (a) are or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred, as determined by NItyam Interio in its sole discretion applying all reasonable standards of societal norms; or (b) introduce viruses, time-bombs, worms, cancel bots, Trojan Horses and/or other harmful or malicious code.
Monitoring:
Nityam Interio has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any Reviews and remove, delete, redact or otherwise modify such Reviews, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Nityam Interio has no obligation to display or post any Reviews. Nityam Interio, subject to our Privacy Policy, reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request.
You agree to use the Site only for its intended purpose. You must use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Site are prohibited. You shall not, unless authorised by us under an agreement:
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by third parties. You accept that any reliance on material posted by third-party service providers will be at your own risk. By using the Site you accept the risk that you might be exposed to content that may be objectionable or otherwise inappropriate to you. We may change, suspend, or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or any feature, without notice or liability to you.
User Disputes:
We are not responsible for any disputes or disagreements between you and any third party you interact with using the Site. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You hereby expressly release Nityam Interio of all claims, demands, and damages in disputes among users of the Site, including yourself. You also agree not to involve us in such disputes. Use caution and common sense when using the Site.
Content Accuracy:
We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Site. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Services. Use the Site at your own risk.
We make no promises and disclaim all liability of specific results from the use of the Site.
You expressly understand and agree that:
For any customer redressal, kindly refer to the Nityam Interio Customer Redressal Policy. To know more about NItyam Interio Customer Redressal Policy, kindly click here .
You expressly understand and agree that the Released Parties will not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Nityam Interio has been advised of the possibility of such damages), resulting from:
To the fullest extent possible by law, the released parties’ maximum liability arising out of or in connection with the Site or your use of NItyam Interio content, regardless of the cause of action (whether in contract, tort, breach of warranty, or otherwise), will not exceed INR 1000/- (Rupees Thousand only).
We will not be deemed to be in breach of contract or of these Terms as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, epidemic, pandemic (including the Covid-19 pandemic), strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, breakdown of equipment, or road traffic problems.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (a) your use of or reliance on any third-party content, (b) your use of or reliance on any Nityam Interio Content, or (c) your breach of these Terms. We will provide notice to you promptly of any such claim, suit, or proceeding.
These Terms and the relationship between you and Nityam Interio will be governed by the laws of Karnataka, India without regard to its conflict of law provisions. You and NItyam INterio agree to submit to the exclusive jurisdiction of the Courts in Bangalore for any disputes relating to your use of the Site.
Notwithstanding any of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms will still apply.
