The following are the Terms and Conditions (“Terms”) that apply to and govern any transaction involving any product or associated service (“Product”) and/or use of the website (“Website”) of Nymble Labs Pvt. Ltd (“Nymble”). These Terms supersede all prior correspondence, notifications or agreements entered into by you or any person, organisation, entity or body corporate you represent or any other person you authorize on your behalf (“User/you/your”) and Nymble. These Terms shall apply to your transactions with Nymble as well as any subsidiary, division, affiliate or associate.
1.1 The Website and any Product is not meant for use by anyone under the age of 18.
1.2 By continuing to browse and access the Website, or proceeding with any purchase or transaction on the Website you represent and warrant:
(a) That you are at least 18 years of age
(b) That you are a legal resident of the United States,
(c) That you have not resorted to any such activity which prevents or bars our access to the Website and shall not do so in the future
(d) That you have the authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party.
2. REGISTRATION, ACCOUNT AND COMMUNICATION PREFERENCES
2.1 Nymble may require you to create an account on the Nymble Website or provide your email address for Product inquiries. When you create an account on the Website or provide Nymble with any such information you agree to the following:
(b) you are not infringing any copyright by providing us with this information;
(c) the information is authentic and verified by you.
(e) The security of your account credentials shall be your responsibility and the duty of care shall be upon you to avoid disclosure of these credentials to unauthenticated and unverified sources.
(f) You shall notify the Grievance Officer as mentioned in Clause 16 (Grievance Redressal Mechanism) in the event that you detect a breach or any suspicious activity.
3. PAYMENT AND PRICES
3.1 All the prices displayed on the Website are subject to change at Nymble’s sole discretion and without notice. The price charged for a Product or Service will be the price in effect at the time the order is placed and will be set out in your order conﬁrmation e-mail.
3.2 The prices so displayed may or may not include taxes and/or costs of shipping. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order conﬁrmation e-mail.
3.4 Nymble reserves the right to do the following without prior notice:
Impose quantity restrictions on any Products purchased
Cancel any order or transaction at its sole discretion
Replace or modify the technical specifications or components of any of the Products which may or may not affect or alter the appearance of the Product
Discontinue the production and manufacture of any Product
In the event of cancellation of an order after receipt of payment, you may contact the Grievance Officer as mentioned in Clause 16 (Grievance Redressal Mechanism) to initiate the process of obtaining a refund, however, the process shall be subject to third party hosts and other third parties such as banks, and terms and conditions imposed by them.
4. DELIVERY AND TITLE
Nymble undertakes to make arrangements for shipment of any physical Products. The specifications including charges and estimated time of delivery shall be as displayed on the Website at the time of purchase.
The cost of shipping shall be borne by you.
Nymble shall not be responsible or liable for any damage, delay, loss or any other risk pursuant to the transfer of the Product to the shipping carrier. The dates of delivery are estimates and cannot by guaranteed.
5. WARRANTY AND DISCLAIMER
Nymble provides a warranty of repair of any defect in material or the Product for a period of one year from the day of purchase, only if the Product has been employed for non-commercial use.
In case of an external repair service, such repair service shall be designated, recognised and authorized by Nymble.
In the event that the Product needs to be shipped to a designated repair service, the cost of shipping shall be borne by you and the Product shall have to be shipped in its original packaging.
This warranty applies to manufacturing defects only and does not apply in case of cosmetic defects, improper use, accidents or negligence on your behalf.
You shall be asked to present the original invoice for the Product in order to avail this warranty and preservation and safekeeping of the original invoice shall be your responsibility.
The Product is delivered to you “as is” and may have underlying faults or defects. To the maximum extent permitted under Applicable Law, except as expressly set out under these Terms, all conditions, endorsements, guarantees, representations, or warranties of any kind, express or implied, including without limitation, any conditions, endorsements, guarantees, representations or warranties of durability, fitness for a particular purpose or use, merchantability, merchantable quality, non-infringement, satisfactory quality, or title, or arising from a statute or custom or a course of dealing or usage of trade, and all other warranties, representations, conditions, endorsements or guarantees of any kind, either express or implied, are hereby disclaimed and excluded to the maximum extent permitted by the applicable law.
To make a claim of warranty or in case of any queries with respect to the warranty, contact the Grievance Officer as mentioned in Clause 16 (Grievance Redressal Mechanism).
6. LIMITATION OF LIABILITY
In no event shall Nymble or its employees, directors, officers, agents, vendors or suppliers be liable for damages due to any cause whatsoever, including any damages arising out of or in connection with your use of or inability to use the Website or purchase the Products or access any feature or part of the Website.
Any legal action brought against Nymble for shall not be more than a period one year after any loss or damage caused due to restriction of access of the Website, feature or Product has occurred. This limitation of liability applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary, punitive or otherwise, including, without limitation, loss of data, income or profits), whether based on contract, tort, (including negligence, gross negligence and intentional torts theories) or other legal or equitable causes of action or principles.
The extent of liability on Nymble shall be equal to the maximum retail price of the Product and/or the directly quantifiable monetary value of any losses incurred.
7. FORCE MAJEURE
Nymble shall not be liable or responsible for any inability to fulﬁl its obligations herein or for delays in delivery due to causes beyond its reasonable control, including, but not limited to, acts of God, natural disasters, acts or omissions of other parties, acts or omissions of civil or military authority, Government priorities, changes in law, material shortages, ﬁre, strikes, ﬂoods, epidemics, quarantine restrictions, riots, war, acts of terrorism, delays in transportation or inability to obtain labour or materials through its regular sources.
Nymble reserves the right to delay or cancel any order or obligation without consequence and notice of the same shall be given to you.
8. RETURNS AND REFUND
In the event that you are dissatisfied with a Product and wish to return it, the process and procedures for the same shall be governed by Nymble’s return policy.
To initiate the process of return, or to find out more about Nymble’s return policy, contact the Grievance Officer as mentioned in Clause 16 (Grievance redressal Mechanism) hereinbelow.
The process of return of a Product shall be initiated within a period of 30 days from the date of delivery of the product.
The Product shall be returned without physical defect or damage caused by you, in its original packaging, and only on the presentation of the original invoice. Nymble may expect you to bear the cost of shipping the Product for return.
9. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that unless otherwise indicated, the Website, Product and any other material pertaining to Nymble including, without limitation, any logos, design, text, graphics, pictures, information, data, software, sound files and any other such material are absolutely and irredeemably owned by Nymble and are protected by the relevant copyright laws in the U.S. as well as other applicable copyright laws.
You are hereby granted a limited, nonexclusive, non-transferable, non-transferrable license to access and use the Website and any other content made available to you.
In the event of any unauthorized use of the license as mentioned in Clause 9.3, Nymble reserves the right to:
Terminate any agreement you may have with Nymble, and bar you from using the Website or making any purchase online;
initiate legal action against you which shall not preclude Nymble’s right to claim damages for copyright, trademark or patent infringement, as the case may be, under the applicable laws and in the relevant forums;
as deemed fit by Nymble.
10. CONFIDENTIALITY AND PRODUCT SAFEGUARDS
You warrant that you will or otherwise encourage, facilitate or authorize any other User to adapt, alter, modify or reverse engineer or otherwise use any tools or programs to breach Nymble’s safeguards and protection measures, in a manner that is prejudicial to Nymble and/or compromises the safety of any or all of its Users.
In the event of any unauthorized use of the license as mentioned in Clause 10.2, Nymble reserves the right to:
Terminate any agreement you may have with Nymble, and bar you from using the Website or making any purchase online;
initiate legal action against you which shall not preclude Nymble’s right to claim damages for breach of confidentiality or loss of data, as the case may be, under the applicable laws and in the relevant forums;as deemed fit by Nymble.
11. THIRD PARTY ASSOCIATIONS
Nymble may use or collaborate with third party site or service provider (“Third-Party Associates”) for any content, or ancillary services or hosting, including payments and financial services, to improve your experience as a User as well as for any other support systems it may require.
Nymble shall not review the content or any mechanism for safeguard and protection of any Third-Party Associates beyond reasonable due diligence.
In case of any breach of confidentiality, loss of data or otherwise any damage incurred by you due to actions of third party associates or service providers, you agree that you shall maintain your claims and demands separately against these Third Party Associates and you shall not hold Nymble liable in any manner or form whatsoever in the course of these actions.
Inclusion, mention or otherwise reference of a Third-Party Associate does not amount to any form of sponsorship, endorsement or affiliation beyond commercial transaction by Nymble, and your interaction and usage of the Website and Product with respect to Third Party Associates shall be at your own risk.
12. PROTECTION OF DATA
All Information collected and stored shall be protected, secured and anonymized to ensure that it is in non-identifiable form.
The security procedures, practices and other security protocols are regularly updated to comply with industry standards. By continuing to use the Website, you accept that there might be breaches and cases of unauthorized access to your Data. You hereby accept the risk and any potential liability due to any such breach, misuse, appropriation or loss and agree you shall not hold Nymble responsible or liable in such an event. Nymble disclaims any warranty of absolute protection of Data from breach, misuse, misappropriation or loss to the fullest extent provided by law.
Data may be disclosed in the event of an investigation or otherwise mandated by any Government authority or agency, or to protect Nymble’s own interest such as prevention of any kind of fraud, or in case of detected copyright or intellectual property right infringement or other related reasons.
The geographical location of the Data stored shall be subject to the location of the third-party storage provider, whose services are availed by Nymble. The Data may not be stored locally. The location of such servers may be in international territory or foreign countries.
Any Data and Information shall not be provided to any third party except for the processes required to give effect to the services and to improve or expand upon the services provided.
Nymble assumes no liability with respect to any infringement or alleged infringement of intellectual property rights, laws or any applicable regulations arising from the User’s purchase, use, possession or any other treatment or use of this Website or Products sold herein. You hereby agree to indemnify and hold harmless Nymble, and make good any claims, liabilities, demands or damages made against Nymble as a result of your actions, omissions, conduct or any Information provided by you.
To the fullest extent permitted by law, you agree to indemnify and hold harmless Nymble and any agents, associates, employees, affiliates or representatives thereof from any claims, damages, penalties or any other liabilities or losses imposed on Nymble in law or equity that may be caused by or are initiated due to: any use or misuse of the Website or Product by you or any User you authorize to access or use the Website or Product
any content or feedback shared by you in the public domain
any Feedback you provide,
You further agree that the defense and settlement of any such legal action shall be within the control of Nymble or any counsel or attorneys appointed by Nymble.
14. ALTERATION OF TERMS
15. RESERVATION OF RIGHTS
16. GRIEVANCE REDRESSAL MECHANISM
The details of the Grievance Officer are as follows:
Nymble shall take utmost care to resolve any query or grievance at the earliest. However, if the query or grievance is not resolved or appropriately responded to in a period of 30 days, you may avail the remedies mentioned in Clause 17 (Governing Law and Dispute Resolution) below.
17. GOVERNING LAW AND DISPUTE RESOLUTION
Disputes may be referred to arbitration, and the rules and procedures shall be determined by the parties to the arbitration. A sole arbitrator may be appointed within thirty days of notice of such dispute, and in the event such an appointment fails, both parties shall nominate one arbitrator who shall further nominate and appoint a third arbitrator to preside over a tribunal so appointed. The decision of the arbitral panel shall be final and binding, and shall be placed on record as a judgement in the competent court having relevant jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
Clause No. 6 (Limitation of Liability), Clause no. 9 (Intellectual Property Rights), Clause No. 10 (Confidentiality and Product Safeguards), Clause No. 13 (Indemnification), Clause No. 15.2 (within Reservation of Rights) and Clause No. 17 (Governing Law and Dispute Resolution) shall survive the termination of these Terms for any reason whatsoever.