Please read the following terms and conditions of use agreement carefully
The following demonstrates terms and conditions of use (here-in-after referred to as an "Agreement"), applicable to your use of N'vybe (hereinafter referred to as "web site"), which promotes business between suppliers and buyers globally. It is an agreement between you as the user(s) of the web site (the "User(s)") and N'vybe. Before you subscribe to and/or begin participating in or using a web site, N'vybe believes that the user(s) have fully read, understood and accepted the agreement.
If you do not agree to or wish to be bound by this agreement, you may not access or otherwise use the website.
User(s) means any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the services provided by N'vybe. Our services are available only to those individuals or companies who can form legally binding contracts under the applicable law. Therefore, user(s) must not be a minor as per Indian Law, i.e. user(s) must be at least 18 years of age to be eligible to use our services.
N'vybe advises its users that while accessing the web site, they must follow/abide by the related laws. N'vybe is not responsible for the possible consequences caused by your behavior during use of the website. N'vybe may, in its sole discretion, refuse the service to anyone at any time. The service is not available to temporarily or indefinitely suspended members of the website.
This agreement applies to user(s) if user(s) are visitors, registered - free or paid user(s) who access the web site for any purpose. It also applies to any legal entity that may be represented by you under actual or apparent authority. User(s) may use this site solely for their own personal or internal purposes.
This agreement applies to all N'vybe services offered on the web site, collectively with any additional terms and conditions that may be applicable to the specific service used/accessed by user(s). In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific services shall prevail.
AMENDMENT TO USER(S) AGREEMENT
N'vybe may change, modify, amend, or update this agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you must stop using the service. Your continuous use of the service will signify your acceptance of the changed terms.
INTELLECTUAL PROPERTY RIGHTS
N'vybe is the sole owner or lawful licensee of all the rights to the web site and its content. Web site content means its design, layout, text, images, graphics, sound, video etc. The website content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the website and its content shall remain with N'vybe, its affiliates or licensor's of N'vybe content, as the case may be.
All rights, not otherwise claimed under this agreement or by N'vybe are hereby reserved. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. N'vybe does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "content") contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this web site, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.
We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this web site is provided "as is'' with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the user(s). In no event shall N'vybe be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the service, the materials and the products. User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.
The information presented here has been compiled from publicly aired and published sources. N'vybe respects these sources and is in no way trying to infringe on the respective copyrights or businesses of these entities. N'vybe reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the service or the materials.
All content on this web site is the copyright of N'vybe except the third party content and link to third party websites on our website.
N'vybe respects the intellectual property rights of others, and we expect our user(s) to do the same. We believes that user(s) agree that they will not copy, download & reproduce any information, text, images, video clips, directories, files, databases or listings available on or through the web site (the "N'vybe content") for the purpose of reselling or re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise), operating a business competing with N'vybe, or otherwise commercially exploiting the N'vybe content. Systematic retrieval of N'vybe content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from N'vybe is prohibited.
In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of N'vybe services, you agree that you will not use the web site service to infringe the intellectual property rights of others in any way.
LINKS TO THIRD PARTY SITES
Links to third party sites are provided by the web site as a convenience to user(s) and N'vybe does not have any control over such sites i.e. content and resources provided by them.
N'vybe may allow user(s) access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's website. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. N'vybe believes that user(s) acknowledge that N'vybe has no control over such third party's site, does not monitor such sites, and N'vybe shall not be responsible or liable to anyone for such third party site, or any content, products or services made available on such a site.
Most content and some of the features on the web site are made available to visitors free of charge. However, N'vybe reserves the right to terminate access to certain areas or features of the web site (to paying or registered users) at any time for any reason, with or without notice. N'vybe also reserves the universal right to deny access to particular users to any/all of its services/content without any prior notice/explanation in order to protect the interests of N'vybe and/or other visitors to the web site. N'vybe reserves the right to limit, deny or create different access to the website and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.
N'vybe withholds the right to temporary or permanent termination of membership of any user for any of the following reasons:
If it concludes that the user(s) have provided any false information in connection with the member account to N'vybe, or are engaged in fraudulent or illegal activities.
The user(s) breach any provisions of the terms and conditions of use agreement and/or Agreement of web site.
Utilize web sites to send spam messages or repeatedly publish the same product information.
Post any material to members that is not related to international trade or business cooperation.
Impersonate or unlawfully use another companies name to post information or conduct business of any form
Any unauthorized access, use, modification, or control of the web site database, network or related services.
Obtain by any means a web site member's user name and/or password.
If N'vybe terminated user(s) membership, user(s) will not have the right to re-enroll or join N'vybe under a new account or name unless formally invited to do so by N'vybe. In any case of termination, no membership charges (if any) will be refunded. User(s) acknowledge that inability to use the website wholly or partially for whatever reason may have adverse effects on its business. User(s) hereby agree that in no event shall the web site be liable to the user(s) or any third parties for any inability to use the web site (whether due to disruption, limited access, changes to or termination of any features on the website or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the web site or any of its features.
To become a Registered User(s) there is a proper procedure which is for the convenience of the user(s) so that they can easily log-in and log-out. User(s) can become a Registered User(s) by filling an on-line registration form on the web site by giving desired information (name, contact information, etc.). N'vybe will establish an account ("Account") for the user(s) upon registration and assign a user alias ("User ID") and password ("Password") for log-in access to your Account. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. N'vybe does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use voylla.com or voylla.in only with the involvement of a parent or guardian.
If you register on behalf of a business entity, you represent that business entity and (a) you have the authority to bind the entity to terms and condition of use and/or this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to N'vybe during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.
N'vybe may refuse registration and deny the membership and associated User ID and Password to any user for whatever reason. Website may suspend or terminate a Registered membership at any time without any prior notification of interest of N'vybe or general interest of its visitors/other members without giving any reason thereof. Registered Users are not a part or affiliate of N'vybe in any way.
LIMITATION OF LIABILITY/DISCLAIMER
The features and services on the web site are provided on an "as is'' and "as available" basis, and web site hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded. N'vybe makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, and stability, completeness of any information provided on or through the web site. N'vybe does not represent or warranty that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the web site does not violate any third party rights; and N'vybe makes no representations or warranties of any kind concerning any product or service offered or displayed on the web site. Any material downloaded or otherwise obtained through the web site is done at your sole discretion and risk and you are solely responsible for any damage to your computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by you from website or through or from the web site shall create any warranty not expressly stated herein.
Under no circumstances shall web site be held liable for an delay or failure or disruption of the content or services delivered through the web site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. User(s) hereby agree to indemnify and save web site, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your use of the web site (including but not limited to the display of your information on the web site) or from your breach of any of the terms and conditions of this Agreement. User(s) hereby further agree to indemnify and save web site, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your breach of any representations and warranties made by you to website.
User(s) hereby further agree to indemnify and save web site, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the web site. User(s) hereby further agree that the web site is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with you. Website reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the web site in asserting any available defenses.
Web site shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
The use or the inability to use the web site;
Any defect in goods, samples, data, information or services purchased or obtained from a User(s) or a third-party service provider through the web site;
Violation of Third Party Rights or claims or demands that User(s) manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the web site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
Unauthorized access by third parties to data or private information of any User(s);
Statements or conduct of any User(s) of the website; or
Any matters relating to Premium Services however arising, including negligence.
While N'vybe strives to provide accurate product and pricing information, pricing or typographical errors may occur. N'vybe cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, N'vybe shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mispriced, N'vybe may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and N'vybe will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that N'vybe accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to N'vybe dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account. Prices and availability are subject to change without notice.
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, the said amount will be reversed back in your Card Account.
Cancellations by the Customer
In case we receive a cancellation notice and the order has not been shipped by us, we shall cancel the order and refund the entire amount. The orders that have already been shipped out by us will not be canceled and you will have to check our return policy on those orders. The customer agrees not to dispute the decision made by N'vybe and accepts N'vybe's decision regarding the cancellation.
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All notices or demands to or upon websites shall be effective if in writing and shall be duly made when sent to N'vybe in the following manner: to the N'vybe
All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User(s) to website, or by posting such notice or demand on an area of the web site that is publicly accessible without a charge.
Notice to a User(s) shall be deemed to be received by such User(s) if and when web site is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon web site's posting such notice on an area of the web site that is publicly accessible without charge.
GOVERNING LAW AND DISPUTE RESOLUTIONS
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Web site's failure to enforce any right or failure to act with respect to any breach by a User(s) under these terms and conditions will not waive that right nor waives N'vybe right to act with respect with subsequent or similar breaches.
Web sites shall have the right to assign its obligations and duties in this Agreement and in any agreement relating to any/all of its Services to any person or entity.
If any provision of the terms and conditions of use and/or Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.