This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder 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.
The domain name www.nofall.in(hereinafter referred to as “Website”) is owned by Nana Enterprises Pvt Ltd. aCompany incorporated under the provisions of Companies Act, 1956 and having its address at 315/6976-77, Om Gayatri, R.N.N. Marg, Ghatkopar (East), Mumbai-400077 (hereinafter referred to as “NOFALL”).
Use of www.nofall.in Site/Website 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 minors, un-discharged insolvents etc. are not eligible to use the Site/Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the NOFALL and shall not transact or use website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. NOFALL reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.
Your Account and Registration Obligations
When You use the Website or send emails or other data, information or communication to NOFALL, You agree and understand that You are communicating with NOFALLthrough electronic records and You consent to receive communications via electronic records from the Company periodically and as and when required. NOFALLmay communicate with You by email or by such other mode of communication, electronic or otherwise.
Membership on the Website is free for buyers. NOFALLdoes not charge any fee for browsing on the Website. NOFALLreserves the right to change its Fee Policy from time to time. In particular, NOFALLmay at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event NOFALLreserves 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 Website and such changes shall automatically become effective immediately after they are posted on the Website. 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 NOFALL.
Use of Website
You agree, undertake and confirm that your use of Website 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) Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
(f) Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(g) 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];
(h) 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;
(i) Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(j) Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(k) Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(l) Contains video, photographs, or images of another person (with a minor or an adult).
(m) Tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, account information, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(o) Solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
(p) Interferes with another user’s use and enjoyment of the Website or any other individual’s user and enjoyment of similar services;
(r) Harm minors in any way;
(s) Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
(t) Violates any law for the time being in force;
(u) Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(v) Impersonate another person;
(w) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(x) Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- shall not be false, inaccurate or misleading;
- shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
- shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
2) You shall not use any “deep-link”, “page-scrape”, “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 Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
3) You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
4) You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
5) You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the terms NOFALL,NANA ENTERPRISE PVT. LTD., www.nofall.inotherwise engage in any conduct or action that might tarnish the image or reputation, of NOFALL or otherwise tarnish or dilute any NOFALL’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or NOFALL’ssystems or networks, or any systems or networks connected to NOFALL.
6) You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
7) You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
9) You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Indian laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to VAT, Income Tax, GST, Custom Duty, Local Levies) regarding your use of our service.
11) You shall not engage in advertising to, or solicitation of, other users of the Website to buy or sell products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or summons. In addition, we can (and You hereby expressly authorize us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
13) Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
14) It is possible that other Users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that we are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
15. NOFALL shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Contents on Site
You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
NOFALL does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using Website’s APIs or otherwise. In addition, Website may provide links to the third party websites of our affiliated companies and certain other businesses for which, NOFALL assumes no responsibility for examining or evaluating the products and services offered by them. NOFALL do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). NOFALL does not endorses, in any way, any third party website(s) or content thereof.
Disclaimer of Warranties and Liability
This Website, all the products and services, included on or otherwise made available to You through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, NOFALL do not warrant that:
- This Website will be constantly available, or available at all; or
- The information on this Website is complete, true, accurate or non-misleading.
NOFALLwill not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website.
NOFALL do not warrant that this site; information, Content, product or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from us are free of viruses or other harmful components.
Nothing on Website constitutes, or is meant to constitute, advice of any kind.
All the Products and services sold on Website are governed by different states laws and if we are unable to deliver such Products due to implications of different state laws, we will return or will give credit for the amount (if any) received in advance from the sale of such Product that could not be delivered to You.
You will be required to enter a valid mobile phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by us via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
- Lack of authorization for any transaction/s, or
- Exceeding the pre-set limit mutually agreed by You and between your “Bank/s”, or;
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s.
All payments made against the purchases on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.
1. NOFALLreserves the right to impose limits on the number of Transactions or Transaction Price which NOFALLmay receive from an individual Valid Credit/ Debit/ Prepaid Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
2. NOFALLreserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with NOFALLor breach / violation of any law or any charges imposed by Issuing Bank or breach of any policy.
3. The Buyer acknowledges that NOFALLwill not be liable for any damages, interests or claims etc. resulting from not processing a Transaction / Transaction Price or any delay in processing a Transaction / Transaction Price which is beyond control of NOFALL.
Payment Facility for Buyers
1)Refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received.
2) Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees, less applicable charges.
3) For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (“RBI”).
4) Refund shall be conditional and shall be with recourse available to NOFALLin case of any misuse by Buyer.
5) Refund shall be subject to Buyer complying with Policies.
Compliance with Laws
Buyer shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment ) Act 2017, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and NOFALLWebsite.
Buyer’s arrangement with Issuing Bank
All Valid Credit/Debit/Prepaid Card and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers or Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
Without limiting other remedies, we may limit Your activity, immediately remove Your information, warn other Users of Your actions, immediately temporarily/indefinitely suspend or terminate or block Your membership, and/or refuse to provide You with access to the Website in the event, but not limited to:
- If we are unable to verify or authenticate any information You provide; or
- If it is believed that Your actions may cause legal liability for You, other users or us.
Jurisdiction Issues/Sale in India Only
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. NOFALL make no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and NOFALL is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
Trademark, Copyright and Restrictions
This site is controlled and operated by NOFALL and all products on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such products in any way, including by e-mail or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
NOFALL respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to firstname.lastname@example.org.
NOFALL make no express or implied warranties or representations with respect to the Products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance,dealing, or trade usage). In addition, we make no representation that the operation of the NOFALL site will be uninterrupted or error-free, and NOFALL will not be liable for the consequences of any interruptions or errors.
NOFALL does not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
Limitation of Liability
All transactions on www.nofall.in monetary and otherwise, are non-refundable, non-exchangeable and non-reversible, save and except in the event of proven gross negligence on the part of NOFALLor its representatives, in which event the User agrees that the User shall only be entitled to a refund of the amount actually paid by the User and actually received by NOFALLwith respect to the booking of experiences / updates of member accounts/ purchase of virtual cards / gift voucher amounts / whether through the use of virtual card, credit card charge, card debit card, smart card or cash, which amount shall constitute liquidated damages and except terms mentioned in the Cancellation and Return Policy. UNDER NO CIRCUMSTANCES SHALL NOFALLOR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE NOFALLWEBSITE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF NOFALLHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, NOFALL’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT OF THE AMOUNT ACTUALLY PAID FOR BY ANY USER WHILE AVAILING ANY OF THE SERVICES ON THE NOFALLWEBSITE.
This Agreement will be governed by the laws of the Indian Republic and the State of Maharashtra, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without NOFALL’s prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. NOFALL’s failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of NOFALL’s right to subsequently enforce such provision or any other provision of this Agreement.
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Mr. Sushant Deshmukh
M/S. NANA ENTERPRISE PVT. LTD.
315/6976-77, Om Gayatri,
R.N.N. Marg, Ghatkopar (East),
Phone: +91 22 250 85811