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Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS VERY CAREFULLY AS YOUR USE OF SERVICE IS SUBJECT TO YOUR ACCEPTANCE OF AND COMPLIANCE WITH THE FOLLOWING TERMS AND CONDITIONS ("TERMS").
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.
In these Terms, references to "you", "User" shall mean the end user accessing the Website, its contents and using the Services offered through the Website. "Service Providers" mean independent third party service providers, and "we", "us" and "our" shall mean Novaspark, affiliates and partners.
Introduction
The https://thenovaspark.com website ("Website") is an Internet based content and e commerce portal operated by Novaspark.
Your use of the Website https://thenovaspark.com (hereinafter referred to as "Novaspark") and services and tools are governed by the following terms and conditions as applicable to Novaspark. If you transact on Novaspark, you shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website you shall be contracting with Novaspark and these terms and conditions constitute your binding obligation.
All products, services and information displayed on https://thenovaspark.com constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. Novaspark reserves the right to accept or reject your offer.
If you have supplied us with your valid email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of https://thenovaspark.com prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer.
Membership Eligibility
Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un discharged insolvents etc. are not eligible to use the Site. In case of a business entity, you represent that you have the necessary authority to bind the entity to this User Agreement.
Unless otherwise specified, the materials on this Website are directed solely at those who access this Website from India. Novaspark makes no representation that any products or services referred to in the materials on this Website are appropriate for use, or available, outside India. Those who choose to access this Site from outside India are responsible for compliance with local laws if and to the extent local laws are applicable.
Novaspark will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India.
Unless otherwise stated as additional terms and conditions which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of Novaspark you agree to be bound by these Terms and Conditions.
Modifications
Novaspark reserves the right at all times to discontinue or modify the Terms of Use and or our Privacy Policy as we deem necessary or desirable without any prior notification. Such changes may include, among other things, the adding of certain fees and charges. Any such modifications would be effective immediately.
We suggest that you read our Terms and Conditions and Privacy Policy from time to time to stay informed. Any use of the Site after such modifications would be deemed to constitute acceptance of the modified terms by the End User.
Account and Registration Obligations
It is the user’s responsibility to keep the details of the account and password confidential and you agree to accept responsibility for all activities that occur under your account or password. Novaspark shall not be liable to any person for any loss or damage which may arise as a result of any failure by the user to protect the account details or the password. In case of any suspected breach please contact us immediately.
If https://thenovaspark.com has reason to believe that there is likely to be a breach of security or misuse of the Novaspark Site, we may require you to change your password or we may suspend your account without any liability to Novaspark.
You also agree to:
- Provide true, accurate, current and complete information about yourself as prompted by the Novaspark Website during the registration process (such information being the "Registration Data").
- Maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, incomplete, or not current or if Novaspark has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, https://thenovaspark.com will have the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
Pricing Information
While Novaspark shall endeavor to provide accurate product and pricing information, typographical errors might occur. Novaspark cannot confirm the price of a product until after you order.
In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Novaspark shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched.
In the event that an item is mis priced, Novaspark may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and Novaspark will have the right to modify the price of the product and contact you for further instructions using the email address provided by you during the time of registration, or cancel the order and notify you of such cancellation.
In the event that https://thenovaspark.com accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to Novaspark dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account.
Cancellations by the Customer
In case we receive a cancellation notice and the order has not been shipped by us, we shall cancel the order and refund the entire amount. The orders that have already been shipped out by us will not be cancelled and you will have to check our return policy on those orders.
Cancellation by Novaspark
Under certain circumstances it might not be possible for us to accept an order and we may be compelled to cancel the same. We reserve the right to refuse or cancel any order for any reason at our sole discretion.
Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.