Terms & Condtions
Welcome to the Nish Mall service provided by NISH EVENTS & EXHIBITION (OPC) PRIVATE LIMITED. This website/app is owned and operated by NISH EVENTS & EXHIBITION (OPC) PRIVATE LIMITED. ('NISH EVENTS & EXHIBITION (OPC) PRIVATE LIMITED' or 'Nish Mall', 'we' or 'us' ). Registered office: A-405, Shams Building, Hayat Complex, Koliwada, Kalyan West Kalyan Thane MH 421301 IN. In using the Nish Mall service, of NISH EVENTS & EXHIBITION (OPC) PRIVATE LIMITED you are deemed to have accepted the Terms and Conditions of the agreement listed below or as may be revised from time to time, which is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access this website/app. If you want to ask us anything about these terms & conditions or have any comments or complaints on or about our website/app, please write to us at firstname.lastname@example.org
Terms & Conditions for Shoppers Stop Coupon's & Discounts
The offer is valid only for orders placed on www.nishmall.in
Maximum discount applicable is Rs.800
To avail this discount, please type the coupon code in the 'Coupon Code' box provided on the shopping bag page during checkout.
Coupon not applicable on purchase of more than 5 products in one transaction/order.
Coupon will not be applicable during End of Season Sale.
The offer is valid only for successful/approved transactions.
No two offers can be available simultaneously.
Standard www.nishmall.in Terms & Conditions apply.
The discount offer cannot be combined or exchanged with any other offer provided by www.nishmall.in
The Approval of the order is at the sole discretion of www.nishmall.in
NISH EVENTS & EXHIBITION (OPC) PRIVATE LIMITED Reserves the right at any time, without notice, to add/alter/change/ or vary any or all of these terms and conditions or to replace, entire or in part, this offer by another offer, whether similar to this offer or not, or to withdraw it altogether.
In the event of non-happening, cancellation or partial happening of the offer for reasons beyond anybody's control or Act of God, neither Nish Mall nor their agent, sponsors nor their agent, successors or assigns shall be liable to any of the customers participating in the offer.
By participating in the promotional offer, the Customers shall be deemed to have accepted these Terms and Conditions.
Any disputes arising out of this offer shall be subject to the exclusive jurisdiction of courts in Mumbai only.
We do not return or exchange Gift Vouchers, Fine Jewellery, Gold Jewellery, Gold Coins, Undergarments, Altered Garments, Cosmetics & Perfumes, Sunglasses, and Watches for hygiene and other reasons.
Terms & Conditions for E-Gift Voucher
E-Gift voucher is redeemable for merchandise at website/app www.nishmall.in, Nish Mall within India.
Purchase of Mobiles, Mobile Phone Accessories, Cameras, mp3 players, laptops, 22K & 24K Gold Jewelry & Gold Coins of any Jewelry brand is not allowed through this E Gift Voucher.
E-Gift Voucher is not redeemable for cash or credit nor can be exchanged for a gift voucher/Gift card.
E-Gift Voucher cannot be reloaded.
E-Gift Voucher is valid for a period of 1 year from its date of issue.
If the E Gift Voucher is lost or stolen, neither will a new E-Gift Voucher will be issued nor will the money be reimbursed in any manner.
NISH EVENTS & EXHIBITION (OPC) PRIVATE LIMITED shall not be liable and responsible for any unauthorized and/or fraudulent purchase/s made using this E Gift Voucher. The holder of this E Gift Voucher shall be solely responsible for the safe custody of the E Gift Voucher and the credentials mentioned on it.
No duplicate E-Gift Voucher will be issued.
E-Gift Voucher is property of NISH EVENTS & EXHIBITION (OPC) PRIVATE LIMITED to whom it should be returned on request.
Nish Mall reserves the right to amend the terms & conditions at its discretion without prior notice.
Dispute/s subject to Mumbai jurisdiction.
Terms & Conditions for Nish Mall Credits
Balance in Nish Mall Credits can be redeemed for merchandise at website/app www.nishmall.in for shopping.
By using Nish Mall Credits, you agree to all Terms & Conditions for Nish Mall Credits.
Balance in Nish Mall Credits is not redeemable for cash or credit nor can be exchanged for a e-gift voucher/gift voucher/gift card.
Balance in Nish Mall Credits must be utilized by indicated expiry date. The expiry date of individual line items under Nish Mall Credits cannot be extended under any circumstances.
If any one or more of Gift Cards or E-Gift Voucher is loaded into Nish Mall Credits, then it cannot be used from outside of Nish Mall Credits for transaction involving combination of payment tenders Gift Cards and / or E-Gift Voucher along with Nish Mall Credits at website/app www.nishmall.in for shopping.
NISH EVENTS & EXHIBITION (OPC) PRIVATE LIMITED shall not be liable and responsible for any unauthorized and/or fraudulent purchase/s made using Nish Mall Credits. The holder of Nish Mall Credits account shall be solely responsible for the safe custody of the account and the credentials associated with its access and redemption.
The order of redemption of individual line items in Nish Mall Credits is based on nearest date of expiry. This cannot be changed.
Nish Mall reserves the right to amend the terms & conditions at its discretion without prior notice.
Dispute/s subject to Mumbai jurisdiction.
You agree to pay the price applicable for the product or service on our website(www.nishmall.in) for shopping at the time you submitted your order (Product Price).
All payments are non-refundable (except as expressly set forth in the Terms and Conditions).
As per rule 114B of the income tax act it is mandatory to submit PAN card copy for the below transactions :
For order value greater or equal to Rs.50,000/-.
For order value greater or equal to Rs.2,00,000/-with payment mode such as Debit/Credit card, Net banking/UPI/Wallets
Ownership of Rights
All rights, including copyright, in this website are owned by or licensed to NISH EVENTS & EXHIBITION (OPC) PRIVATE LIMITED. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non- commercial use is prohibited without the permission of NISH EVENTS & EXHIBITION (OPC) PRIVATE LIMITED. You may not modify, distribute or re-post something on this website for any purpose.
Accuracy of Content and Invitation to Offer
Nish Mall has taken every care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. All prices are displayed inclusive of GST. Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colours of our products that appear on the Website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery. To the extent permitted by applicable law, Nish Mall disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this Website. Nish Mall shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website.
All products/services and information displayed on Nish Mall constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the terms and conditions as listed herein. Nish Mall reserves the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product(s) ordered. Dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by Nish Mall and the balance would continue to be on offer to Nish Mall and Nish Mall reserves the right to accept or reject such balance order. No act or omission of Nish Mall prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer. If you have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm dispatch and therefore acceptance of the order.
Eligibility to Use
Use of the Website 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 Website. If your age is below 18 years you are prohibited to use/purchase/contract from/with this website. Such persons are also prohibited from purchasing any material which is for adult consumption the sale or purchase of which to/by minors are strictly prohibited. Nish Mall reserves the right to terminate your membership and refuse to provide you with access to the website if Nish Mall discovers that you are under the age of 18 years. The website is not available to persons whose membership has been suspended or terminated by Nish Mall for any reason whatsoever. If you are registering as a business entity, you represent that you have the 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 web from India. Nish Mall makes no representation that any products or services referred to in the materials on this web are appropriate for use, or available outside India. Those who choose to access this website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. Nish Mall will deliver the products only within in India and will not be liable for any claims relating to any products ordered from outside India. Some Indian states prohibit direct sale of merchandise from other states and require special documentation to effect such a sale without dual taxation, if Nish Mall receives a order from such states or to be delivered to such states (to see a list please refer our shipping policy) under such circumstances Nish Mall retains the right to accept or reject the order.
Those who choose to access this website from Indian states which restrict such use are responsible for compliance with local laws if and to the extent local state laws are applicable. Nish Mall will deliver the products only within states having open import policy and will not be liable for any claims relating to any products ordered from restricted states.
Except where additional terms and conditions are provided 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 Nish Mall you agree to be bound by the Terms and Conditions.
Account and registration obligations
Customers opting for guest checkout will be automatically registered once order is successfully placed.
Nish Mall does not want to receive confidential, proprietary or trade secret information through this Website (excluding information related to any order you submit). Please note that any information, materials, suggestions, ideas or comments sent to Nish Mall will be deemed non-confidential. By submitting any such information, you are granting Nish Mall an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever. However, we will not use your name in connection with any such materials, information, suggestions, and ideas or comments unless we first obtain your permission or otherwise are required by law to do so
You also agree and confirm:
To provide true, accurate, current and complete information about yourself as prompted by Nish Mall registration form or guest details form (such information being the "Registration Data").
To 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 Nish Mall has reasonable grounds to suspect that such information is untrue, inaccurate, and not current or not in accordance with the User Agreement, Nish Mall has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Website.
That in the event that a non- delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by Nish Mall for redelivery shall be claimed from you and you shall pay such cost.
That you will use the services provided by Nish Mall, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Website and transacting on the Website.
You will provide authentic and true information in all instances where such information is requested of you. Nish Mall reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), Nish Mall has the right in its sole discretion to reject the registration and debar you from using the Services of Nish Mall and or other affiliated website without prior intimation whatsoever.
That you are accessing the services available on this Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Website
That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale and invitation of offer included in the item's description.
You shall not use the Website for any of the following purposes:
Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
Gaining unauthorised access to other computer systems.
Interfering with any other person's use or enjoyment of the Website.
Breaching any applicable laws;
Interfering or disrupting networks or website connected to the Website.
Making, transmitting or storing electronic copies of materials pro tected by copyright without the permission of the owner.
Nish Mall reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit / debit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Nish Mall also reserves the right, at our sole discretion, to prohibit sales to any one as it may deem fit.However, in some cases where the order quantities are large, we may verify in order to ensure your security, to confirm that you have indeed ordered for these items Order placed by Cash on Delivery are restricted to a count of 5 orders per day with a maximum limit of 25 orders per month. There are no restrictions to the maximum number of prepaid orders that can be placed in a day/month.
Exactness not guaranteed
Nish Mall hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user.
While Nish Mall strives to provide accurate product and pricing information, pricing or typographical errors may occur. Nish Mall 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, Nish Mall 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, Nish Mall 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 Nish Mall will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that Nish Mall accepts your order the same shall be debited to your credit / debit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to Nish Mall 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 / debit card account.
Reduced price will be inclusive of GST
In case of mispricing
Despite our best efforts, a small number of the many hundreds of items in our catalogue are mispriced. However, we verify prices as part of our dispatch procedures. If an item's correct price is lower than our eserves the right to capture / charge your card to the full or partial authorized amount for the concerned order
Cancellation of fraudulent orders
To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, Quantity restrictions
Nish Mall reserves the right, at our sole discretion, to limstores, and cannot be redeemed against purchases made on Nish Mall
The issue of the Nish Mall credit note, to the person returning the merchandise, against the returned merchandise shall be sufficient discharge to Nish Mall for the return of the merchandise, regardless of whether the payment for the original purchase was made by
credit / debit card, e-gift voucher, First Citizen points, or through any other means.
Returns / exchange through courier collection
If you request a return/exchange through Nish Mall courier collection for any reason within the specified days as per the timeline mentioned on the product details page, we request you to return the product in original condition (unused, unwashed, unaltered, untampered & in saleable condition) with original tags, invoice & packaging intact.
All the products received will undergo Quality Check after the product has been received at our warehouse/Store. If the product picked up does not pass the quality check, we shall ship it back to you.
Please note that all exchanges are subject to stock availability.
Fraudulent / Declined transactions
Nish Mall and its associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using the Website fraudulently. Nish Mall and its associated acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions
When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Our best effort is to display the colors of the products as accurate as possible. However, colors may appear slightly different on digital devices.
Reviews, feedback, submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Nish Mall on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the "Comments") shall be and remain Nish Mall property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Nish Mall of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Nish Mall owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Nish Mall will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Nish Mall is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of 'spam'.
Nish Mall does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Website. You grant Nish Mall the right to u se the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Nish Mall and its affiliates for all claims resulting from any Comments you submit.Nish Mall and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
COPYRIGHT & TRADEMARK
Nish Mall and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of Nish Mall or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to Nish Mall. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non- commercial use is prohibited without the permission of Nish Mall. You may not modify, distribute or re-post anything on this Website for any purpose.
The Nish Mall names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Nish Mall. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark in any manner.
References on this Website to any names, marks, products or services of third parties or hypertext links to third party Website or information are provided solely as a convenience to you and do not in any way constitute or imply Nish Mall endorsement, sponsorship or recommendation of the third party, information, product or service.
Nish Mall is not responsible for the content of any third party Website and does not make any representations regarding the content or accuracy of material on such Website. If you decide to link to any such third party Website, you do so entirely at your own risk.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the 'Contents') are intended solely for personal, non- commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. All software used on this Website is the property of Nish Mall or its suppliers and protected by Indian and international copyright laws. The Contents and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Nish Mall ,one of its affiliates or by third parties who have licensed their materials to Nish Mall and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Website is the exclusive property of Nish Mall and is also protected by Indian and international copyright laws
You understand that by using this Website or any services provided on the Website, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that to the fullest extent permitted under applicable law, Nish Mall and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
You agree to defend, indemnify and hold harmless Nish Mall, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Nish Mall or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
This User Agreement is effective unless and until terminated by either you or Nish Mall. You may terminate this User Agreement at any time by informing us in writing through Indian postal system by registered post, that you no longer wish to be associated with this websitet, provided that you discontinue any further use of this Website.
Nish Mall may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to Nish Mall. Upon any termination of the User Agreement by either you or Nish Mall, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. Nish Mall right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.
Limitation of liability and disclaimers
The Website is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Website.
The Website provides content from other Internet website or resources and while Nish Mall tries to ensure that material included on the Website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Shoppersstop.com will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website.
This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement.
To the fullest extent permitted under applicable law, Nish Mall or its suppliers shall not be liable for any 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 out of or in connection with the Website, its services or this User Agreement.
Without prejudice to the generality of the section above, the total liability of Nish Mall to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the amount charged to you, against the value of the products ordered by you.
Nish Mall its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, currentness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Nish Mall assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.
By providing your phone number to us, You consent to be contacted by us via phone calls and/or SMS notifications, in case of any transactiona messages (i.e.) order, shipment delivery, returns, refund related updates. If your phone number is registered under the National Do Not Call Registry, we will not use your personal information to initiate any promotional phone calls or promotional SMS.
You are prohibited from violating or attempting to violate the security of the Website/app/ chatbot, including, without limitation,
Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, 'flooding,' 'spamming', 'mail bombing' or 'crashing;'
Sending unsolicited email, including promotions and/or advertising of products or services; or Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. Nish Mall
will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Nish Mall on this Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Internet Explorer).
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Nish Mall
with respect to the Nish Mall
website services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Nish Mall with respect to the Nish Mall website services. Nish Mall
failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
Governing law and jurisdiction
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Mumbai shall have exclusive jurisdiction in any proceedings arising out of this agreement.
Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Nish Mall. and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Mumbai. The High Court of judicature at Mumbai alone shall have the jurisdiction and the Laws of India shall apply.
Modification of terms and conditions of service
Nish Mall may at any time modify the User Agreement without any prior notification to you. Subsequent to any modification of the User Agreement, we will inform you of the modifications in the User Agreement via e-mail at the address provided by you while registering on Nish Mall
. You can access the latest version of the User Agreement at any given time on Nish Mall.
. You should regularly review the User Agreement on Nish Mall
. In the event the modified User Agreement is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified User Agreement.