Welcome to Nexter Plus. Thank you for visiting us. Nexter Plus is owned by “NehamaiYah TradeCom Private Limited” incorporated under the laws of the Government of India (hereinafter referred to as “Nexter Plus”). The Terms & Conditions shall be governed by the laws of the Government of India.
User (Buyer and Seller):
- These Terms & Conditions are applicable to all whether they are buyer/seller/affiliates/associates/employee/agent, etc. if they are user of the Nexter Plus in any condition. Please read these Terms & Conditions carefully before registering yourself with us or before accessing, using the Information, Products and Services whether current or future. You signify your agreement to be legally bound by these Terms & Conditions and any additional Terms & Conditions of Nexter Plus or third party “Sellers/Vendors” by visiting us and accessing, using the Information, Products and Services. If you do not want to be bound by the Terms & Conditions, you must not subscribe to or use our Information, Products and Services. We encourage our users to read these Terms & Conditions carefully before anything.
- In these Terms & Conditions, references to “You” or “User” shall mean any natural or legal person who has agreed to become a “Client/Customer/Buyer” by providing registration data while registering with us as Registered User or Guest User (Nexter Plus allows the user to access, use of Information, Products and Services or making purchases without registering with us. However, a Guest User may not have access to all sections including certain benefits/promotional offers, which shall be reserved only for the purpose of Registered User, and which may change from time to time at the sole discretion of the Nexter Plus) and references to independent third party “Service Providers” or “You” or “User” shall mean “Client/Sellers/Vendors”. The term “We”, “Us”, “Our” shall mean “Nexter Plus”. Sometimes both “Buyer and Seller” are collectively referred to as “You” or “User” with its grammatical variations and cognate expressions.
- “Business Days”means any day of the week (excluding Saturdays, Sundays and public holidays) on which Nationalized Banks are open for business.
- “Eligible Transaction” means your transaction against which the actual shipment date has been confirmed by you.
- “Payment Settlement Date and Amount” means immediately after 14 business days (or less in our sole discretion) when Information, Products and Services will be reached to the user and amount (which you will accept as payment in full for the sale and shipping and handling of your Information, Products and Services), less (minus) Nexter Plus charges and taxes under applicable law.
- We reserve the right to refuse access to use the Information, Products and Services offered at the Nexter Plus to new users or to terminate access granted to existing users at any time without according any reasons for doing so. You shall not have more than one active account on the Nexter Plus (one buyer, one seller, one affiliate, one associate with four different email). Additionally; you are prohibited from selling, trading, or otherwise transferring your account to another person. In the event user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. Nexter Plus reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgment of Nexter Plus violates these Terms & Conditions and, or terminate your permission to access or use of Nexter Plus.
- You have specifically authorized Nexter Plus or its service providers to collect, process, facilitate and remit payments and/or the transaction price electronically or through cash on delivery to and from other users in respect of transactions through payment facility. Every user hereby agrees to provide accurate information, such as credit/debit card, net banking information, etc. for purchasing the Information, Products and Services on the Nexter Plus. Every user further warrant that he/she shall not use payment information or instrument that is not lawfully owned by the user.
- We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time without any prior written notice hence users are requested to carefully read these Terms & Conditions periodically for updates/changes before listing Information, Products and Services or before making any purchase of the Information, Products and Services. Your continued use of the Nexter Plus will mean that you accept and agree to the revisions. As long as you comply with these Terms & Conditions, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Nexter Plus.
- Use of the Information, Products and Services is available only to persons who can form legally binding contracts within the meaning of the applicable law. Persons who are “incompetent to contract” within the meaning of the applicable law including minors, un-discharged insolvents etc. are not eligible to use the Information, Products and Services. If you are a minor i.e. under the age of 18 years, you shall not register as a User/Buyer/Seller of the Nexter Plus and shall not transact on or use the Information, Products and Services. As a minor if you wish to use or transact, such use or transaction may be made by your legal guardian or parents. Nexter Plus reserves the right to terminate your membership and/or refuse you to provide access, use of the Information, Products and Services if it is brought to Nexter Plus’s notice or if it is discovered that you are under the age of 18 years.
- Cash on delivery (COD) feature is valid only on order value above INR 999/- (for smaller transactions) and INR 9,999/- (for larger transactions) you can use online payment option. This facility is available only for Registered User and after first prepaid purchase.
- In case a user purchases multiple Information, Products and Services in one transaction, the sellers may deliver the same together. However, this may not always be possible and shall be subject to availability of stock with the relevant sellers.
- “Bulk Order” means an order can be classified as “Bulk Order” if Information, Products and Services ordered are not for self-consumption but for commercial resale, Minimum Order Quantity (MOQ) will be above 4 or multiple orders placed for same Information, Products and Services at the same address.
- Nexter Plus may cancel any order under certain criteria at any stage of the product delivery, if invalid address given in order details, any malpractice used to place the order and any additional criteria as per Nexter Plus.
Disclaimer of Warranties and Liability:
- Buyer shall be bound to take delivery of the Information, Products and Services purchased by the buyer that are said to be in a deliverable state. Where buyer neglects or refuses to accept the delivery of the Information, Products and Services ordered by the buyer, the buyer may be liable to the seller for such non-acceptance and shall further be liable to Nexter Plus for any loss of any fee or charges that Nexter Plus and its third parties shall have earned from the seller if such delivery or transaction should have been completed. Buyer acknowledges that such damages or loss to Nexter Plus and its third parties are not consequential or indirect. The title in the Information, Products and Services and other rights and interest in the Information, Products and Services shall directly pass on to the buyer from seller upon delivery of such Information, Products and Services and upon full payment of price of the Information, Products and Services. Upon delivery, the buyer is deemed to have accepted the Information, Products and Services. The risk of loss shall pass on to the buyer upon delivery of the Information, Products and Services. Nexter Plus does not make any representation or warranty as to the Information, Products and Services-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 Nexter Plus and use your best judgment in that behalf.
- All Information, Products and Services (including but not limited to software), exhibited are on an “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, Nexter Plus does not warrant that: the information on the Nexter Plus is complete, true, accurate or non-misleading. The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use by you contained herein or any other section or in any manner whatsoever. Information, Products and Services handled carefully and counted, weighed and packaged properly. Images of Information, Products and Services are for and by reference only and actual Information, Products and Services may vary from the corresponding image exhibited. There may be slightly minor variations like color, weight, work, size because of light, photography, etc. in images of actual Information, Products and Services but still we will give you quality Information, Products and Services.
- As a registered seller, you are allowed to list Information, Products and Services for sale on the Nexter Plus in accordance with these Terms & Conditions. You must be legally able to sell the Information, Products and Services you list for sale on Nexter Plus. By listing Information, Products and Services every seller warrants that all such Information, Products and Services are legally permitted to be sold. Listings may only include text description, graphics, pictures and other content that Nexter Plus may permit from time to time. Each seller further warrants that they shall provide most accurate description of the Information, Products and Services to be sold. You will provide accurate, current and complete information for each of your Information, Products and Services and will promptly update such information as necessary to ensure it at all times remains accurate, current and complete. You will ensure that the location of the Information, Products and Services is correct and also ensure that the information provided by you under these Terms & Conditions will, at all times, comply with the applicable local policies and applicable laws. It is your responsibility to keep back-ups of your Information, Products and Services, and we are not responsible for loss of any Information, Products and Services for any reason.
- All listed Information, Products and Services must be listed in an appropriate category on Nexter Plus. All listed Information, Products and Services must be kept in stock for successful fulfillment of sales. You agree not to list a single Information, Products and Services in multiple quantities across various categories on the Nexter Plus. Nexter Plus reserves the right to delete such multiple listings of the same Information, Products and Services listed by you in various categories. From time to time, you shall be responsible for providing information relating to the Information, Products and Services proposed to be sold. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such Information, Products and Services so as to mislead other users in any manner.
- The listing description of the Information, Products and Services must not be misleading and must describe actual condition of the Information, Products and Services. The risk of any damage, loss or deterioration of the Information, Products and Services during the course or delivery or during transit shall be on the seller and not on the buyer. Seller represent and warrant that the Information, Products and Services being delivered are not faulty and are exactly those the Information, Products and Services which are listed and advertised by seller on the Nexter Plus and purchased by the buyer and meet all descriptions and specifications as provided on the Nexter Plus. Nexter Plus or Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and posting the Information, Products and Services. If the Information, Products and Services description does not match the actual condition of the Information, Products and Services, you agree to refund any amounts that you may have received from the buyer.
- Nexter Plus may charge users certain fees for the use of the Nexter Plus platform and Information, Products and Services as a whole, or certain features. You agree to pay any such fees, as may be applicable to the Information, Products and Services that you use. Nexter Plus will try to ensure that you are made aware of the applicability of any fees for a particular use of the Nexter Plus, as well as the amount of fees payable by you for any such use of the Information, Products and Services.
- You and we are independent contractors, and nothing in these Terms & Conditions will be construed to create a partnership, joint venture, association of persons, agency, franchise, sales representative, or employment relationship between the parties. Nexter Plus is not an auctioneer, neither is it an intermediary between the customer and the seller. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your place, site or otherwise, that would contradict anything in this section. These Terms & Conditions will not create an exclusive relationship between you and us.
- If you or any of your affiliates elect to provide or make available suggestions, comments, ideas, improvements, or other feedback or materials to us in connection with or related to the Nexter Plus (including any related Technology), you grant us a royalty-free, non-exclusive, worldwide, irrevocable right and license during the Terms & Conditions and for as long thereafter as you are permitted to grant the said license under applicable law to use, reproduce, perform, display (public communication), distribute, adapt, modify, re-format, create and exploit derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all of your Information, Products and Services, and to sublicense the foregoing rights to our affiliates and operators of Nexter Plus associated properties; provided, in order to cooperate with governmental requests, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including but not limited to user contact details, IP addresses and traffic information, usage history and posted content, however, that we will not alter any of your trademarks from the form provided by you (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with your removal requests as to specific uses of your trademarks (provided you are unable to do so using the standard functionality made available to you via the applicable Nexter Plus site or services); provided further, however, that nothing in these Terms & Conditions will prevent or impair our right to use your Information, Products and Services without your consent to the extent that such use is allowable without a license from you or your affiliates under applicable Law (e.g., fair use under copyright law, referential use under trademark law, or valid license from a third party).
- You agree that we may use mechanisms that rate, or allow users to rate, your Information, Products and Services and/or your performance, and we may make these ratings and feedback publicly available. You agree we may use automated software and other methods to cache, crawl, spider, analyze and examine websites and other properties related to the Nexter Plus and/or communicate with you through automated or manual channels (including SMSs or e-mails) or verify your details/information provided by you to improve our service and quality. You will treat users who reach you through Nexter Plus with courtesy and respect during all stages of the buying/selling process.
- You will not provide any Information, Products and Services for, or otherwise seek to list for sale on Nexter Plus, any Information, Products and Services that are prohibited by our local policies and applicable laws. You will not, directly or indirectly, engage in any fraudulent, impermissible, inappropriate or unlawful activities in connection with your participation in the Nexter Plus, including sending multiple listings of identical Information, Products and Services in the same feed/graphical user interface or sending multiple feeds/graphical user interface under different accounts; posting for fictitious Information, Products and Services; generating fraudulent, repetitive or otherwise invalid clicks, impressions, queries or other interactions, whether through the use of automated applications or otherwise; collecting any user information from Nexter Plus or retrieving, extracting, indexing or caching any portion of Nexter Plus, its site or services or the websites or services of our affiliates, whether through the use of automated applications or otherwise including for any commercial purposes; submitting information that is incorrect, impersonates another person, inappropriate, obscene, defamatory, infringing or unlawful; targeting communications of any kind on the basis of the intended recipient being a user of Nexter Plus; posting Information, Products and Services which are irrelevant for the local area for which they are posted interfering with the proper working of Nexter Plus or our systems; or attempting to bypass any mechanism we use to detect or prevent such activities. In the event that you do not comply with the Nexter Plus requirements, the provisions of these Terms & Conditions and/or any local policies and applicable laws, Nexter Plus may, in its sole discretion and without prejudice to any other right it may have under law, suspend your account on Nexter Plus or take any other measures as it may deem fit, without any further liability towards you.
- You shall indemnify and hold harmless Nexter Plus, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms & Conditions or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party. You release and indemnify Nexter Plus 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 Nexter Plus and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Nexter Plus cannot take responsibility or control the information provided by other users which is made available on the Nexter Plus.
- 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 or otherwise engage in any conduct or action that might tarnish the image or reputation, of Nexter Plus or sellers on platform or otherwise tarnish or dilute any Nexter Plus‘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 Nexter Plus or Nexter Plus‘s systems or networks, or any systems or networks connected to the Nexter Plus. Nexter Plus 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). In no event shall Nexter Plus or its suppliers, affiliates, associates and service providers be liable 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 arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with Nexter Plus. Any user that may have been suspended or blocked may not register or attempt to register with Nexter Plus or use Nexter Plus in any manner whatsoever until such time that such user is reinstated by the Nexter Plus.
- Generally, transactions on Nexter Plus are very easy and hassle free. However, there may be some cases where both the buyers and sellers may face issues. Buyers should first contact the seller and attempt to resolve the issue. If the buyer is unable to resolve the issue with the seller, if the seller doesn’t respond to the buyer’s request, from the date of return/replacement/refund request placed by the buyer within 2 days, refund shall be processed in favour of buyer and seller shall be liable to refund. Raising issue against sellers does not automatically entitle the buyer to a return/replacement/refund. Nexter Plus shall verify the issue so raised and may process only such claims that are valid and genuine. Nexter Plus Customer Care Team may seek additional information/clarification from buyer to facilitate resolution of the issue. In the event buyer does not respond with information/clarification sought within 48 hrs of such request, the issue shall be auto-closed in favour of the seller. Seller expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of the seller. Furthermore, seller shall ensure that invoices state “Powered by Nexter Plus” and failing to do so seller will be liable (as applicable). Whenever there is a disagreement between a buyer and a seller in connection with a transaction on the Nexter Plus. Buyer and a seller can contact us directly. Disputes can be raised at a particular transaction level.
- 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 Nexter Plus. Please note that there could be risks in dealing with underage persons or people acting under false pretense. Placing an order, it means you are absolutely aware of these variations. Nexter Plus does not warrant that Information, Products and Services description or other content of Nexter Plus is accurate, complete, reliable, current, or error-free and assumes no liability in this regard. Nexter Plus has no control over the quality, safety, morality or legality of any aspect of the Information, Products and Services listed, the truth or accuracy of the listings, the ability of sellers to sell Information, Products and Services or the ability of buyers to pay for the Information, Products and Services. Nexter Plus does not pre-screen content or information provided by users and cannot ensure that a buyer or seller will actually complete a transaction. The Nexter Plus disclaims any liabilities arising out of any discrepancies to this end. The Nexter Plus will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the Nexter Plus. Nexter Plus does not warrant that; information, content, Information, Products and Services (including software) included on or otherwise made available to you through the Nexter Plus; their servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on Nexter Plus constitutes, or is meant to constitute, advice of any kind.
- You acknowledge and undertake that you are accessing the services on the Nexter Plus and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Nexter Plus. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the Information, Products and Services and hereby expressly disclaim and any all responsibility and liability in that regard. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the Information, Products and Services listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the Nexter Plus. While we have taken precautions to avoid inaccuracies in content, all content, information (including the price of Information, Products and Services), software, Information, Products and Services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the Nexter Plus. At no time shall any right, title or interest in the Information, Products and Services sold through or displayed on the Nexter Plus nor shall Nexter Plus have any obligations or liabilities in respect of any transactions on the Nexter Plus. Pricing on any Information, Products and Services as is reflected on the Nexter Plus may due to some technical issue, typographical error or Information, Products and Services published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
- 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 Information, Products and Services and after sales services related to Information, Products and Services. Nexter Plus 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 Nexter Plus. The buyer understands and agrees that the offer for sale of the Information, Products and Services by the seller is not an absolute or an un-conditional offer. Such offer to sale by the seller is subject to repudiation by the seller at any time before the delivery of the Information, Products and Services to the buyer and without any obligation to assign or provide any reason for such repudiation and without any consent from the buyer and without any liability or any obligation towards the buyer. All the Information, Products and Services sold on Nexter Plus are governed by different state laws and if seller is unable to deliver such Information, Products and Services due to implications of different state laws, seller will return or will give credit for the amount (if any) received in advance by seller from the sale of such Information, Products and Services that could not be delivered to you. The Nexter Plus may be inaccessible for such purposes as it may, at its sole discretions deem necessary, including but not limited to regular maintenance. However, under no circumstances will Nexter Plus be held liable for any losses or claims arising out of such inaccessibility to the users and the users expressly waive any claims against Nexter Plus in this regard.
- The buyer and seller acknowledge that your bank, financial institution or card issuing authority may decline or prevent you from making electronic payments for buying the Information, Products and Services and for it Nexter Plus will 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 Nexter Plus. Prices for Information, Products and Services are subject to change without prior notice, and at any time whatsoever, irrespective of whether an item has been earmarked/wish listed by a user. The Nexter Plus disclaims any and all claims and/or liabilities arising from such revision in prices. Users further undertake that by initiating a transaction, the user is entering into a legally binding and enforceable contract with the seller to purchase the products using such payment facilities as may be permitted by applicable laws and as may be accepted by the Nexter Plus.
- All purchase and sale are binding in nature on both the buyer and seller. All debit, credit cards, net banking, wallet, etc., from bank accounts and other payment instruments are processed using appropriate payment gateway or system and the same will also be governed by the Terms & Conditions agreed to between the buyer-seller and the respective issuing bank and payment instrument issuing company. While availing any of the payment method/s available on the Nexter Plus, the Nexter Plus will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the user due to lack of authorization for any transaction/s, or exceeding the preset limit mutually agreed by and between the user and relevant banks of the user, or any payment issues arising out of the transaction, or illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a user; decline of transaction for any other reason(s). The user may be considered fraudulent and we will take strict legal action against such user if users doesn’t reply to the payment verification, users fails to produce adequate documents during the payment details verification, misuse of another users’ information, users uses invalid email and phone no., users returns the wrong product, users refuses to pay for an order, users is involved in the snatch and run for any order. Account for the users falling in fraudulent category may be blocked. Any credits earned through loyalty or referral program will be forfeited in such case.
- Nexter Plus is a platform and operates as a marketplace and an intermediary and is limited to enable users (who are Sellers/Vendors) to exhibit, advertise, display, make available and offer to sell the Information, Products and Services and to enable other users (who are Buyers/Clients/Customers) to purchase the Information, Products and Services through the Nexter Plus. The Nexter Plus is a platform that users utilize to meet and interact with one another for their transactions. The seller hereby makes an offer to sell the Information, Products and Services and the buyer upon agreeing to purchase the Information, Products and Services.
- All the Terms & Conditions are between buyer and seller; Nexter Plus will be not responsible. Nexter Plus shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers. Nexter Plus is not and cannot be a party to or control in any manner any transaction between the buyers and sellers. Nexter Plus shall not be responsible if some purchase is not registered or is lost due to any network problems such as breakdown of machinery, unclear/ disruption in the network or non-receipt of payment from banks/payment gateways and/or the cost(s) charged by the network operator(s). Any dispute in connection to the same shall be settled between the end customer and the network operator without involving Nexter Plus.
- These Terms & Conditions constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures. These Terms & Conditions will continue to apply until terminated by either you or Nexter Plus. These Terms & Conditions can be terminated if not accessing the Nexter Plus by you; or closing your account, if such option has been made available to you. If you breach of these Terms & Conditions or the rules and policies and other documents incorporated therein by reference, the Nexter Plus reserves the right to recover any amounts due and owed by you to the company and to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or other proceedings against you. The seller and buyer understand and agree that Nexter Plus has the right to cancel any sale or buy transaction, listing or acceptance for any reason in accordance with these Terms & Conditions, Privacy Policy or under any contract or policy between Nexter Plus on one hand and the seller or the buyer on the other hand, or under an order or instruction from any statutory, quasi-judicial or judicial authority. All disputes arising hereunder shall be subject to the jurisdiction of courts, tribunals or any other applicable forum at Chandrapur (Maharashtra State) only. Subject to that restriction, these Terms & Conditions will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns. We may perform any of our obligations or exercise any of our rights under these Terms & Conditions through one or more of our affiliates.
- In addition to these Terms & Conditions, some content like any Information, Products and Services, sale, discount, discount vouchers, gift vouchers, pre-paid instruments or contest event organized on the Nexter Plus from time to time, shall be subject to separate Terms & Conditions as per need. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Nexter Plus, including payment and delivery of related Information, Products and 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 Nexter Plus. You agree that Nexter Plus may, at any time, charge, modify or waive fees required to use the Nexter Plus. Your continued use of the Nexter Plus/Information, Products and Services after such change in the fees will be considered to be your acceptance of such changes, and the applicability of these Terms & Conditions to such changes.
- Fee details are described separately. You are responsible for all of your expenses in connection with these Terms & Conditions, you will be responsible for the collection and payment of any and all of your taxes together with the filing of all relevant returns, such as taxes, etc., and issuing valid invoices/credit notes/debit notes where required. Nexter Plus is not responsible for collecting, remitting or reporting taxes, etc., arising from such sale. You are solely responsible for preparing, making and filing any tax audit report and statutory reports and other filings and responding to any tax or financial audits. These Terms & Conditions will begin upon your acceptance of these Terms & Conditions and will end when your Information, Products and Services is removed. Upon termination, all rights and obligations under these Terms & Conditions will end, except that fees accrued in connection with the services as of the date of termination, if any, all interest thereon and costs of collection must be paid. Nexter Plus will not be liable for any delay or failure to perform any obligations under these Terms & Conditions by reasons, events or other matters beyond our reasonable control.
- If at any time, now or in the future, you decide to change/update something relating to your Information, Products and Services or want to inform relating to Nexter Plus, you must send all details or notices to us.
- User must comply with all governmental local, state, and central laws that apply to their business and shall not any business practice or activity that could detrimental/discredit the image or reputation of Nexter Plus. This applies not only where the user lives but also to any city, state, or country where the user conducts their business.
- As a user of Nexter Plus, you may build your business worldwide. Please note, that all countries have governmental rules and regulations regarding business activity, therefore, we suggest you consult your Consultant for specific rules, requirements, and information regarding business registration, tax, etc. because this is the responsibility of the person who is the user of Nexter Plus. We are not responsible for registration, taxes, etc.
- We will assist you with any inquiry, suggestion, guidance, or complaint and any way possible. We always encourage you to first consult your Consultant.
- Please keep records of earning statements and also the invoice copies which may be required to maintain your accounting books.
- Nexter Plus shall have no responsibility or liability for any action, cost, loss, damage, claims, demands, prosecutions, fines, penalties, or expenses for any user directly or indirectly.
- Decision of board of directors of Nexter Plus is final and binding. No dispute shall be entertained.
Securities Market Disclaimer:
- Investments in securities market are subject to market risk, read all the related documents carefully before investing. The Market or Market related or linked schemes may go up or down depending upon the factors and forces affecting the securities market including the fluctuations in the interest rates. The past performance of the Market or Market related or linked schemes is not necessarily indicative of future performance. The Market or Market related or linked schemes is not guaranteeing or assuring any return. Investors are requested to review carefully and obtain expert professional advice.
- Nexter Plus does not provide any advisory or portfolio management services. Financial services such as advisory, trading, investing, bonds, insurance, etc., are provided by Stock Brokers and Financial Companies with which we are affiliates partner. Nexter Plus cannot take responsibility or control the information provided by them. Nexter Plus will not be responsible for any liabilities.
- Nexter Plus has made all efforts to make Nexter Plus as authentic, and legitimate as possible, please refer Acts, Rules and Regulations of the Government. We will not be responsible for any loss to any person/entity.
Reward/Cashback/Bonus/Offer Point, and Promotional Point:
- Any Reward/Cashback/Bonus/Offer Point, and Promotional Point are valid for a limited period only, post which the same will expire.
- Reward/Cashback/Bonus/Offer Point, and Promotional Point are not applicable on transactions if Nexter Plus will have to pay for any payment system of the user, neither on cash on delivery transactions nor on EMI transactions.
- Reward/Cashback/Bonus/Offer Point, and Promotional Point will be available only for the Eligible Information, Products and Services. Reward/Cashback/Bonus/Offer Point, and Promotional Point will be applied at the time of checkout. To avail Reward/Cashback/Bonus/Offer Point, and Promotional Point, Minimum Cart Value (MCV) at the time of checkout should be INR 3,000.
- Maximum Reward/Cashback/Bonus/Offer Point, and Promotional Point will be 3% and up to Point 300, per user, per month during the Offer Period, for example, if the user purchases from 4 merchants with 4 different transaction amounts as: (1) INR 500, (2) INR 1,000, (3) INR 1,500, (4) INR 2,000, therefore, Total Cart Value is INR 5,000, then the user will earn on first checkout (1) 3% on INR 5,000 (3% = Point 150), then on second checkout (2) if Total Cart Value is INR 10,000 (3% = Point 300 but will only get Point 150 as maximum limit reached, that means Point 150 + Point 150 = Point 300) and then on third checkout (3) will earn nothing.
- Reward Point:
- Picked Up Point: will be credited to the user’s Nexter Plus wallet after the placed order is picked up at the pickup point but after 3-5 days, if there is no return of order. Not valid on pay on delivery orders.
- Like, Share, Subscribe, Positive Rating and Comment Point: will be credited to the user’s Nexter Plus wallet after the placed order is delivered, but after 3-5 days, if there is no return of order. Minimum Cart Value (MCV) at the time of checkout should be INR 3,000. Not valid on cash on delivery orders.
- Membership Point: will be credited to the user’s Nexter Plus wallet after the placed order is delivered, but after 3-5 days, if there is no return of order. Minimum Cart Value (MCV) at the time of checkout should be INR 5,000. Not valid on cash on delivery orders.
- Cashback Point: will be credited to the user’s Nexter Plus wallet after the placed order is delivered, but after 3-5 days, if there is no return of order. Minimum Cart Value (MCV) at the time of checkout should be INR 5,000. Not valid on cash on delivery orders.
- Bonus Point: will be credited to the user’s Nexter Plus wallet after the placed order is delivered, but after 3-5 days, if there is no return of order. Minimum Cart Value (MCV) at the time of checkout should be INR 3,000 but, in a month, total purchase should be minimum INR 20,000, for example, INR 3,0000 x 7 times in a month = INR 21,000 or INR 5,0000 x 4 times in a month = INR 20,000 or INR 10,0000 x 2 times in a month = INR 20,000. Not valid on cash on delivery orders.
- Offer Point: will be credited to the user’s Nexter Plus wallet after the placed order is delivered, but after 3-5 days, if there is no return of order. Minimum Cart Value (MCV) at the time of checkout should be INR 8,000. Not valid on cash on delivery orders.
- Promotional Point:
- Seller Point: will be credited to the seller user’s Nexter Plus wallet after the placed order is delivered, but after 3-5 days, if there is no return of order. Minimum Cart Value (MCV) at the time of checkout should be INR 5,000.
- Affiliate Point:
- Some Portion Dedicated: when the user uses the refer code or offer code of the affiliate user at the time of checkout (or uses the referral link of the affiliate user from user’s website/blog/video, etc., for purchase), then the affiliate user will be credited to the affiliate user’s Nexter Plus wallet after the placed order is delivered, but after 3-5 days, if there is no return of order. Minimum Cart Value (MCV) at the time of checkout should be INR 3,000. Not valid on cash on delivery orders.
- Full Dedicated: when the affiliate user publishes positive articles or videos or blog fully dedicated to Information, Products and Services of the Nexter Plus on the Nexter Plus platform or associate platform of the Nexter Plus or their own platform, social media, channel, etc., and when the user uses the refer code or offer code of the affiliate user at the time of checkout (or uses the referral link of the affiliate user for purchase), point will be credited to the affiliate user’s Nexter Plus wallet after the placed order is delivered, but after 3-5 days, if there is no return of order. Minimum Cart Value (MCV) at the time of checkout should be INR 3,000. Not valid on cash on delivery orders.
- Associate Point: when the associate user places “Bulk Order” which is not for self-consumption but for commercial resale, Minimum Order Quantity (MOQ) will be above 4 or multiple orders placed for the same Information, Products and Services at the same address, the point will be credited to the associate user’s Nexter Plus wallet after the placed order is delivered, but after 3-5 days, if there is no return of order. Minimum Cart Value (MCV) at the time of checkout should be INR 5,000. Associate user can use Nexter Plus marketplace for reselling purposes.
Intellectual Property Rights (IPR):
- Intellectual Property Rights (IPR) for the purpose of these Terms & Conditions shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, logos, service marks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights and further shall also include but not be limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code in relation to the Nexter Plus.
- All IPR exclusively belong to either the Nexter Plus or the third party sellers and suppliers, as the case may be. Under no circumstance shall any user infringe in any way such IPR for any purposes whatsoever. The Parties hereto agree and confirm that no part of any Intellectual Property Rights mentioned hereinabove is transferred in the name of user and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and our control or control of its licensors, as the case may be.
- You may rate, post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal. You shall be responsible for any notes, messages, emails, postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information upload, post, publish, transmit or otherwise make available on the Nexter Plus. You represent that you have obtained all relevant consents and approvals in order to post any user content. You further represent that all such user content will be in accordance with applicable law. You acknowledge that Nexter Plus does not endorse any user content and is not responsible or liable for any user content.
- Please be advised that such content posted does not necessarily reflect Nexter Plus In no event shall Nexter Plus assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Nexter Plus.
- Nexter Plus reserve the right to disable access to the user content on the Nexter Plus. By using Nexter Plus platform every user hereby grants Nexter Plus a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, reproduce, modify, adapt any content provided or created by the user. Nexter Plus shall have no liability for any infringement of intellectual property rights with respect to such content created by the user. Except as expressly provided herein, the user acknowledges and agrees that it shall not copy, republish, post, display, translate, transmit, reproduce or distribute or in any other way infringe any Intellectual Property Right through any medium without obtaining the necessary authorization from the Nexter Plus or the third-party owner of such Intellectual Property Right. It is not possible for us to be aware of the contents of each Information, Products and Services listed for sale, or each comment or review that is displayed. If you believe that any content is objectionable, unauthorized use or infringement as above mentioned please notify us immediately in writing, we will make all reasonable endeavors to remove such objectionable content complained about within a reasonable time.
- We reserve the right, but has no obligation, to monitor the Information, Products and Services posted on the Nexter Plus. Nexter Plus shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms & Conditions. Notwithstanding this right, you remain solely responsible for the content of the Information, Products and Services you post on the Nexter Plus and in your private messages.
- We shall be entitled to, consistent with our Privacy Policy as adopted in accordance with applicable law, use the content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the content you provide. You agree that any content you post may be used by us, consistent with our Privacy Policy and Terms & Conditions as mentioned herein, and you are not entitled to any payment or other compensation for such use.
- You may not use the Nexter Plus or any content for any purpose that is unlawful or prohibited by these Terms & Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of Nexter Plus and /or others. You must not use the Nexter Plus and Information, Products and Services in any way that causes, or is likely to cause, the Nexter Plus, you must use the Nexter Plus and Information, Products and Services for lawful purposes only.
- You must not use the Nexter Plus and Information, Products and Services for fraudulent purposes, or in connection with a criminal offense or other unlawful activity. You must not host, display, modify, publish, transmit, update or share any information or content and to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trade secret, trademark, confidentiality, privacy or any other proprietary information or right; or rights of publicity or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person or entity; or falsely state or otherwise misrepresent your affiliation with a person or entity; threatens the unity, integrity, defense, 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 of any other nation; contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; violate any code of conduct or other guidelines, which may be applicable for or to any particular Service; violate any applicable laws or regulations for the time being in force within or outside India.
- You shall not use any deep-link, page-scrape, robot, spider, data mining, data gathering, extraction tools 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 Nexter Plus or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Nexter Plus or any content, to obtain or attempt to obtain any materials, documents or information, except with express written consent of Nexter Plus, as may be applicable. We reserve our right to bar any such activity.
- If you breach these Terms & Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms & Conditions. Nexter Plus allows users to facilitate transactions through the Nexter Plus system, but will investigate any misuse of this service. Nexter Plus prohibits to buy or sell listed products outside of the Nexter Plus. Transactions of this nature are a potential fraud risk for both buyers and sellers. Nexter Plus users are not allowed to send spam or spoof (fake) messages to other users. Nexter Plus will never ask you to provide sensitive information. In case you face such event, you are requested to report the same to us. In the event You come across any abuse or violation of these Terms & Conditions or if you become aware of any objectionable content on the Nexter Plus, or if you believe your intellectual property rights have been violated in any manner, for any reporting in respect of the aforesaid, please contact us for any questions or comments (including all inquiries related or unrelated to any infringement).