1. Changes to these Terms. We reserve the right to change these terms prospectively at any time in our sole discretion. You should periodically review these terms for any changes made to them and you can review the most current terms at any time here at www.nirmalafranklin.com/pages/terms-and-conditions. The updated terms are binding on you as of the effective date that is indicated on the top of these terms. If you do not agree with the updated terms, you should stop using this site before the effective date. Your continued use of the site after the effective date will mean that you accept the updated terms.
2. Permitted Use; No Distribution: Though you have limited right to use this site and view its content, you are not allowed to download, copy, sell, print, lease, rent, issue, distribute, transmit, broadcast, modify, perform, display, transfer, post, upload, create derivative works of, exploit, sublicense, reverse-engineer, or otherwise use the site or its content without obtaining written permission from Nirmala Franklin. You may only use this site for personal and purely non-commercial purposes. All products and content produced by Nirmala Franklin is just for personal and non-commercial use and may not be reproduced in any form unless you have been permitted by Nirmala Franklin for the same. No right, title or interest in or to any trademark, service mark, logo or trade name of Nirmala Franklin or its licensors is granted under these terms. You may not remove any proprietary notices on the site or content, or try to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or security system that is used as a part of the site or its content. You further agree not to interfere with the proper functioning of the site and will not use its content in a way that suggests that you are a representative of Nirmala Franklin. Any scraping, automated access or other kind of unauthorized access to and storage of content is prohibited. You may not use this site or its content for any illegal purposes. Use of its content for any purpose other than what is described in this section is prohibited.
4. Product Prices and Availability; Cancellation. Current prices for products and services are described on the site. Nirmala Franklin may change pricing at any time and has the sole discretion to do this. Nirmala Franklin may offer promotions or discounts, for availing them you to have agree to the concerned terms and conditions, limitations and rules in such offers. Nirmala Franklin has the right to discontinue any product at any time and without giving notice. Moreover, if your order gets cancelled, delayed or limited, Nirmala Franklin will contact you in this regard.
5. Communications Submitted by You. You assign and transfer all of your right, title and interest in the content of any messages, submissions, emails, chats, ideas, postings, suggestions or any other communications provided by you to Nirmala Franklin, whether on the site or otherwise. Nirmala Franklin shall have all intellectual property rights in or relating to such communications and Nirmala Franklin may use such communications for any purposes in its sole discretion.
6. Shipping. Risk of loss passes to you upon shipment of the product from our facilities and the occurrence of any damage during shipment will not relieve you from the responsibility of making payment of the balance of the purchase price. Nirmala Franklin will ship products to customers residing in India. Tariffs and taxes may be imposed by Indian law which are not implemented by Nirmala Franklin and these are beyond our control.
7. Product Returns It remains your responsibility to assure the quality of all goods upon receipt. All sales are final except for the materials which are defective or damaged ones. You must obtain a Returned Material Authorization or RMA from us before returning any products. To become eligible for receiving a refund or store credit for returned goods which are damaged or defective, your refund or store credit request must be received by us in no more than 30 days from the order placement date. Any approved refund or store credit will only be for the value of the returned items. For your security, refunds will get credited back to the original payment method used for purchasing products from us. In instances if your credit card has expired or got cancelled, store credit will be issue to you.
9. Site Availability and Support You may access the site if and when it is available. Nirmala Franklin does not guarantee availability of the site or its content and Nirmala Franklin reserves the right to make changes to the site and content at any time and without giving notice. The site may occasionally be down for service, upgrades, maintenance and for various other reasons. To the maximum extent authorized under applicable law, Nirmala Franklin reserves the right to change, remove, delete, restrict, block access to, or stop providing any or all of the site at any time and without giving notice. Nirmala Franklin is under no obligation to provide any support to the site, content, user content or your account.
10. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by applicable law, the Site, including all text, graphics, logos, audio and video clips, photographs, and other content is provided “AS IS,” “WITH ALL FAULTS,” and “AS AVAILABLE” and the entire risk of use and performance, remains with you. Nirmala Franklin does NOT MAKE ANY representations, warranties, or conditions, express, implied, or statutory and hereby disclaims any and all warranties with respect to the site. In particular, Nirmala Franklin makes no warranty that the Site, Content, OR PRODUCTS: (A) will meet your requirements; (B) will be available or provided on an uninterrupted, timely, secure, or error-free basis; (C) will be accurate, complete, or reliable, or (D) will be free from viruses, worms, or other harmful or malicious components. Nor does Nirmala Franklin warrant that any defects or errors on the Site OR CONTENT will be corrected. Nirmala Franklin does not assume any liability relating to delays or interruptions attributable to third party failures beyond its control. The Site and All Content you download, UPLOAD, or obtain from the Site is accessed at your own risk, and you will be solely responsible for any damage or loss that results therefrom.
11. DISCLAIMER OF CERTAIN DAMAGES.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, In no event will Nirmala Franklin be liable for any consequential, special, incidental, indirect, or punitive damages; for LOSS OF profits, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, or USE; LOSS OR CORRUPTION OF DATA, confidential INFORMATION, or other information; business interruption; personal injury; wrongful death; property damage; loss of privacy; failure to meet any duty of good faith or reasonable care; negligence; and any other pecuniary or other loss whatsoever, arising out of, based on, resulting from, or in any way related to these Terms, The Site, Content, or your ACCOUNT, even if Nirmala Franklin has been advised of the possibility of such damages. Nirmala Franklin SHALL IN NO EVENT BE LIABLE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND RESULTING FROM ANY OF ITS EMPLOYEES, REPRESENTATIVES OR SALESPERSONS RENDERING TECHNICAL OR OTHER ADVICE OR REPRESENTATIONS IN CONNECTION WITH THE PERFORMANCE OF ANY COMPUTER HARDWARE, COMPUTER SOFTWARE, COMPUTER PRINTERS, MEDIA USED BY THOSE PRINTERS, OR ANY COMBINATIONS THEREOF UNLESS IT IS SPECIFICALLY CONTAINED IN THIS AGREEMENT.
12. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDIES.To the maximum extent permitted by applicable law AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTIONS 10 or 11, Nirmala Franklin’s maximum, aggregate liability to you, and your exclusive remedy under THESE TERMS for any and all damages, injuries, and losses arising from any and all claims and causes of action arising out of, based on, resulting from, or in any way related to THESE TERMS or the Site will BE LIMITED TO THE ACTUAL PRICE PAID FOR PRODUCTS PURCHASED FROM US, WITHOUT INTEREST. The existence of multiple claims or suits under or related to THESE TERMS Or the SITE will not enlarge or extend the limitation of money damages.
13. NOTICE ON POTENTIAL LIMITS OF SECTIONS 10, 11, and 12. Some jurisdictions do not allow the exclusion or limitation of damages (including incidental or consequential), loss, or liability from intentional acts (including fraud, fraudulent misrepresentation, and failure to disclose defects), product liability, or for death or personal injury. Nothing in Sections 10, 11, or 12 will be interpreted as excluding liability which cannot under applicable law be excluded in those jurisdictions. If you reside, or are otherwise subject to the laws in one of those jurisdictions, any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that law and, if limitation is not permitted, the limitations and exclusions in this section may not apply to you.
14. Indemnification. You hereby agree to defend, indemnify, and hold Nirmala Franklin, its directors, officers, managers, members, affiliates, contractors, employees, agents, partners, suppliers, and licensors harmless and will keep them indemnified from any third party claims or demands, including reasonable attorneys’ fees, relating to, arising from, or allegedly arising from (a) your use of the Site and activities occurring under your Account; (b) your use of any product purchased from Nirmala Franklin; (c) our use of your User Content; (d) any violation by you of these Terms; or (e) your violation of any other party’s rights or applicable law.
15. Notices Nirmala Franklin may give you all required notices (including legal process) by any lawful method, including by posting notices on the Site or by sending notice to any email address you provide to Nirmala Franklin. You agree to send Nirmala Franklin notices by contacting us using the online forms provided on the “support” and “frequently asked questions” sections of the Site.
16. Reservation of Rights; Copyright and Trademark Notice. Nirmala Franklin and its affiliates, licensors, and suppliers own the title, copyright, and other intellectual property rights in the Site and Content, including all text, videos, photographs, images, logos, graphics, button icons, templates, downloads, product photos, and linked documentation. Nirmala Franklin’s rights are protected by her country’s and international copyright laws and other intellectual property laws and treaty provisions.
17. Force Majeure. Nirmala Franklin will not be required to perform any obligations under these terms to be liable for any failure to perform if nonperformance is caused by any act of God, civil disturbance, war, strike, transportation, work stoppage, unavailability of equipment, power failures, contingencies, laws, ordinances, regulations, acts or orders from any governmental agency or official therefore, or any other cause which is not under the control of Nirmala Franklin.
18. Termination. Nirmala Franklin may in its sole discretion terminate this agreement, your account or your use of the site, and remove and/or discard any user content that you have provided to us with or without cause and with or without any notice.
19. General. If any provision of these terms is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect. You and Nirmala Franklin intend that the provisions of these terms be enforced to the fullest extent permitted by the applicable law.
20. Contact Information. If you have any questions, comments, or concerns regarding the site or these terms stated here, kindly contact us using the online form section provided on the contact us section of the site.