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.
This
document is published in accordance with the provisions of Rule 3 (1) of the
Information Technology (Intermediaries guidelines) Rules, 2011 that require
publishing the rules and regulations, privacy policy and Terms of Use for
access or usage of domain name [www.Forever Nexus.com][www.Forever Nexus.com] (“Website”),
including the related mobile site and mobile application (hereinafter referred
to as “Platform”)
The Platform is owned by Forever
Nexus Marketing Pvt Ltda company incorporated under the Companies Act, 1956
with its registered office at Buildings Achyutam tower , 1st floor opp. Govt. PG collage gahara nala
rewa road satna mp. 485001
Your
use of the Platform and services and tools are governed by the following terms
and conditions ("Terms of Use") as applicable to the
Platform including the applicable policies which are incorporated herein by way
of reference. If You transact on the Platform, You shall be subject to the
policies that are applicable to the Platform for such transaction. By mere use
of the Platform, You shall be contracting with Forever Nexus Marketing Pvt Ltdand
these terms and conditions including the policies constitute Your binding
obligations, with Forever Nexus.
For
the purpose of these Terms of Use, wherever the context so
requires "You" or "User" shall mean any
natural or legal person who has agreed to become a buyer on the Platform by
providing Registration Data while registering on the Platform as Registered
User using the computer systems. Forever Nexus allows the User to surf the
Platform or making purchases without registering on the Platform. The
term "We", "Us", "Our" shall mean Forever
Nexus .
When You use any of the
services provided by Us through the Platform, including but not limited to,
(e.g. Product Reviews, Seller Reviews), You 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 of Use and shall be
considered as part and parcel of this Terms of Use. We reserve the right, at
Our sole discretion, to change, modify, add or remove portions of these Terms
of Use, at any time without any prior written notice to You. It is Your
responsibility to review these Terms of Use periodically for updates / changes.
Your continued use of the Platform following the posting of changes will mean
that You accept and agree to the revisions. As long as You comply with these
Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited
privilege to enter and use the Platform.
ACCESSING,
BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS
AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE
CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of
Use, You also accept and agree to be bound by Forever Nexus Policies
((including but not limited to Privacy Policy available at Privacy) as amended
from time to time.
Membership
Eligibility
Transaction on the
Platform 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
un-discharged insolvents etc. are not eligible to use the Platform. If you are
a minor i.e. under the age of 18 years, you may use the Platform or access
content on the Platform only under the supervision and prior consent/
permission of a parent ormlegal guardian.
As a minor if you wish to
transact on the Platform, such transaction on the Platform may be made by your
legal guardian or parents. Forever Nexus reserves the right to terminate your
membership and / or refuse to provide you with access to the Platform if it is
brought to Forever Nexus's notice or if it is discovered that You are under the
age of 18 years and transacting on the Platform.
Your
Account and Registration Obligations
If You use the Platform,
You shall be responsible for maintaining the confidentiality of your Display
Name and Password and You shall be responsible for all activities that occur
under your Display Name and Password. You agree that if You provide any
information that is untrue, inaccurate, not current or incomplete or We have
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, or not in accordance with the this Terms of Use, We
shall have the right to indefinitely suspend or terminate or block access of
your membership on the Platform and refuse to provide You with access to the
Platform.
Your mobile phone number
and/or e-mail address is treated as Your primary identifier on the Platform. It
is your responsibility to ensure that Your mobile phone number and your email
address is up to date on the Platform at all times. You agree to notify Us
promptly if your mobile phone number or e-mail address changes by updating the
same on the Platform through a onetime password verification.
You agree that Forever
Nexus shall not be liable or responsible for the activities or consequences of
use or misuse of any information that occurs under your Account in cases,
including, where You have failed to update Your revised mobile phone number
and/or e-mail address on the Website Platform.
If You share or allow
others to have access to Your account on the Platform (“Account”), by creating
separate profiles under Your Account, or otherwise, they will be able to view
and access Your Account information. You shall be solely liable and responsible
for all the activities undertaken under Your Account, and any consequences
therefrom.
Communications
When You use the Platform
or send emails or other data, information or communication to us, You agree and
understand that You are communicating with Us through electronic records and
You consent to receive communications via electronic records from Us
periodically and as and when required. We may communicate with you by email or
by such other mode of communication, electronic or otherwise.
Platform
for Transaction and Communication
The Platform is a
platform that Users utilize to meet and interact with one another for their
transactions. Forever Nexus is not and cannot be a party to or control in any
manner any transaction between the Platform's Users.
Henceforward:
1. All
commercial/contractual terms are offered by and agreed to between Buyers and
Sellers alone. 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. Forever Nexus does not have any control or
does not determine or advise or in any way involve itself in the offering or
acceptance of such commercial/contractual terms between the Buyers and Sellers.
All discounts, offers (including exchange offers) are by the Seller/Brand and
not by Forever Nexus.
2. Placement of order by a
Buyer with Seller on the Platform is an offer to buy the product(s) in the
order by the Buyer to the Seller and it shall not be construed as Seller's
acceptance of Buyer's offer to buy the product(s) ordered. The Seller retains
the right to cancel any such order placed by the Buyer, at its sole discretion
and the Buyer shall be intimated of the same by way of an email/SMS. Any
transaction price paid by Buyer in case of such cancellation by Seller, shall
be refunded to the Buyer. Further, the Seller may cancel an order wherein the
quantities exceed the typical individual consumption. This applies both to the
number of products ordered within a single order and the placing of several
orders for the same product where the individual orders comprise a quantity
that exceeds the typical individual consumption. What comprises a typical
individual's consumption quantity limit shall be based on various factors and
at the sole discretion of the Seller and may vary from individual to
individual.
3. Forever Nexus does not
make any representation or Warranty as to specifics (such as quality, value,
salability, etc) of the products or services proposed to be sold or offered to
be sold or purchased on the Platform. Forever Nexus does not implicitly or
explicitly support or endorse the sale or purchase of any products or services
on the Platform. Forever Nexus accepts no liability for any errors or
omissions, whether on behalf of itself or third parties.
4. Forever Nexus is not
responsible for any non-performance or breach of any contract entered into
between Buyers and Sellers. Forever Nexus cannot and does not guarantee that
the concerned Buyers and/or Sellers will perform any transaction concluded on
the Platform. Forever Nexus shall not and is not required to mediate or resolve
any dispute or disagreement between Buyers and Sellers.
5. Forever Nexus does not
make any representation or warranty as to the item-specifics (such as legal
title, creditworthiness, identity, etc) of any of its Users. You are advised to
independently verify the bona fides of any particular User that You choose to
deal with on the Platform and use Your best judgment in that behalf.
6. Forever Nexus does not at
any point of time during any transaction between Buyer and Seller on the
Platform come into or take possession of any of the products or services
offered by Seller nor does it at any point gain title to or have any rights or
claims over the products or services offered by Seller to Buyer.
7. At no time shall Forever
Nexus hold any right, title or interest over the products nor shall Forever
Nexus have any obligations or liabilities in respect of such contract entered
into between Buyers and Sellers. Forever Nexus is not responsible for
unsatisfactory or delayed performance of services or damages or delays as a
result of products which are out of stock, unavailable or back ordered.
8. The Platform is only a
platform that can be utilized by Users to reach a larger base to buy and sell
products or services. Forever Nexus is only providing a platform for
communication and it is agreed that the contract for sale of any of the
products or services shall be a strictly bipartite contract between the Seller
and the Buyer.
At no time shall Forever
Nexus hold any right, title or interest over the products nor shall Forever
Nexus have any obligations or liabilities in respect of such contract.
Forever Nexus is not responsible
for unsatisfactory or delayed performance of services or damages or delays as a
result of products which are out of stock, unavailable or back ordered.
Select products offered
by sellers may be eligible for business purchases on the Platform.
1. Upon Your purchase of
product(s) eligible for business purchases, You may be able to avail the
benefits of GST input tax credit. Accordingly, at your request, an invoice
containing the GSTIN as provided by You ("Tax Invoice") shall be
issued to You by the Seller(s) selling such products.
o
GST
invoice will have, inter alia, the following details printed on it: -GSTIN
associated with your registered business, as provided by you
o
Entity
name of your registered business, as provided by you
o
Not
all products are eligible for business purchases on the Platform and the same
is solely at the discretion of the Sellers. You will be able to view the
eligibility of Tax Invoice on the product page on the Platform.
o
Purchases
on the Platform must only be for end consumption. Users must not use products
purchased on the Platform for any commercial, promotional, resale or further
distribution purposes.
o
For
seamless availment of input tax credit, kindly mention the delivery address as
the address which is mentioned as the registered place of business as per the
records of GST authority. Please note that availment of input tax credit is
subject to provisions of GST Act and rules.
o
The
delivery and billing addresses will be required to be the same, please note
that input tax credit will be denied by GST authority if the delivery address
and GSTIN in the GST invoice are of different states.
o
If
GSTIN and/or business entity details are not provided by You, it will be
presumed that it is a personal purchase and not a business purchase.
o
Forever
Nexus is not responsible to verify the correctness of the GSTIN and/or entity
name provided by You and You shall be entirely responsible to provide the
accurate details.
o
Forever
Nexus and Seller shall not entertain any request for any revision in the GST
Invoice. Forever Nexus and Seller shall not be liable for Your default
including for reasons associated with details provided by You.
o
Forever
Nexus will not be liable in case You are not able to avail input tax credit or
if input tax credit is denied to You for any reason whatsoever.
o
You
shall be solely liable for all compliances required under applicable laws.
o
You
agree to indemnify and hold Forever Nexus and Seller harmless from all losses,
claims, costs, expenses, suits, proceedings, or any other liability including
any third-party claims (including any penalties imposed by governmental
authorities) arising out of or in connection with (1) the GSTIN and/or entity
name provided by you or the input tax credit claimed by you or your use or
misuse of the GST Invoice and (2) your non-compliance with the applicable laws
or (3) your use or misuse of any third-party’s details including GSTIN.
o
Forever
Nexus has the right to not allow business purchases on the Platform to You if a
fraudulent activity is identified.
o
Seller
reserves the right to not issue Tax Invoice or issue a credit note against an
already issued Tax Invoice to cancel the transaction, if any fraudulent
activity is identified.
2. You shall independently
agree upon the manner and terms and conditions of delivery, payment, insurance
etc. with the seller(s) that You transact with.
Disclaimer: Pricing on
any product(s) as is reflected on the Platform may due to some technical issue,
typographical error or product information published by seller may be
incorrectly reflected and in such an event seller may cancel such your
order(s).
1. You release and indemnify
Forever Nexus and/or any of its officers and representatives from any cost,
damage, liability or other consequence of any of the actions of the Users of
the Platform and specifically waive any claims that you may have in this behalf
under any applicable law. Notwithstanding its reasonable efforts in that
behalf, Forever Nexus cannot take responsibility or control the information
provided by other Users which is made available on the Platform. You may find
other User's information to be offensive, harmful, inconsistent, inaccurate, or
deceptive. Please use caution and practice safe trading when using the
Platform.
Please note that there
could be risks in dealing with underage persons or people acting under false
pretence.
Charges
Membership on the
Platform is free for buyers. Forever Nexus does not charge any fee for browsing
and buying on the Platform. Forever Nexus reserves the right to change its Fee
Policy from time to time. In particular, Forever Nexus may at its sole
discretion introduce new services and modify some or all of the existing
services offered on the Platform. In such an event Forever Nexus 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 Platform and such changes shall automatically become effective
immediately after they are posted on the Platform. Unless otherwise stated, all
fees shall be quoted in Indian Rupees. You shall be solely responsible for
compliance of all applicable laws including those in India for making payments
to Forever Nexus .
Use
of the Platform
You agree, undertake and
confirm that Your use of Platform shall be strictly governed by the following
binding principles:
1. You shall not host,
display, upload, modify, publish, transmit, update or share any information
which:
(a) belongs to another
person and to which You does not have any right to;
(b) is grossly harmful,
harassing, blasphemous, defamatory, obscene, pornographic, paedophilic,
libellous, invasive of another's privacy, hateful, or racially, ethnically
objectionable, disparaging, relating or encouraging money laundering or
gambling, or otherwise unlawful in any manner whatever; or unlawfully
threatening or unlawfully harassing including but not limited to "indecent
representation of women" within the meaning of the Indecent Representation
of Women (Prohibition) Act, 1986;
(c) is misleading in any
way;
(d) is patently offensive
to the online community, such as sexually explicit content, or content that
promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of
any kind against any group or individual;
(e) harasses or advocates
harassment of another person;
(f) involves the
transmission of "junk mail", "chain letters", or
unsolicited mass mailing or "spamming";
(g) promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory or
libellous;
(h) infringes upon or
violates any third party's rights [including, but not limited to, intellectual
property rights, rights of privacy (including without limitation unauthorized
disclosure of a person's name, email address, physical address or phone number)
or rights of publicity];
(i) promotes an illegal
or unauthorized copy of another person's copyrighted work (see "Copyright
complaint" below for instructions on how to lodge a complaint about
uploaded copyrighted material), such as providing pirated computer programs or
links to them, providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated music or links to pirated music
files;
(j) contains restricted
or password-only access pages, or hidden pages or images (those not linked to
or from another accessible page);
(k) provides material
that exploits people in a sexual, violent or otherwise inappropriate manner or
solicits personal information from anyone;
(l) provides instructional
information about illegal activities such as making or buying illegal weapons,
violating someone's privacy, or providing or creating computer viruses;
(m) contains video,
photographs, or images of another person (with a minor or an adult).
(n) tries to gain
unauthorized access or exceeds the scope of authorized access to the Platform
or to profiles, blogs, communities, account information, bulletins, friend
request, or other areas of the Platform or solicits passwords or personal
identifying information for commercial or unlawful purposes from other users;
(o) engages in commercial
activities and/or sales without Our prior written consent such as contests,
sweepstakes, barter, advertising and pyramid schemes, or the buying or selling
of "virtual" products related to the Platform. Throughout this Terms
of Use, Forever Nexus's prior written consent means a communication coming from
Forever Nexus's Legal Department, specifically in response to Your request, and
specifically addressing the activity or conduct for which You seek
authorization;
(p) solicits gambling or
engages in any gambling activity which We, in Our sole discretion, believes is
or could be construed as being illegal;
(q) interferes with
another USER's use and enjoyment of the Platform or any other individual's User
and enjoyment of similar services;
(r) refers to any
Platform or URL that, in Our sole discretion, contains material that is
inappropriate for the Platform or any other Platform, contains content that
would be prohibited or violates the letter or spirit of these Terms of Use.
(s) harm minors in any
way;
