The New Horizon Media Web Site (hereinafter called the NHM Web Site) is operated by NEW HORIZON MEDIA (P) LTD (hereinafter called COMPANY) or its affiliates (collectively, the "NHM Web Site").
The NHM Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the NHM Web Site constitutes your agreement to all such terms, conditions, and notices. Your use of a particular section or pages or service included within the NHM Web Site may also be subject to additional terms outlined elsewhere on those sections or pages of the NHM Web Site.
Additionally, the NHM Web Site may themselves contain additional terms, codes of conduct or guidelines that govern use of those sections, including without limitation, particular features or offers (for example, newsletters, book clubs etc.).
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular NHM Web Site, then these terms shall control.
It is the express will of the parties that this agreement and all related documents have been drawn up in English.
REGISTRATION, ACCOUNT CREATION, AND SECURITY
If a particular NHM Site/Service requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and an user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify COMPANY immediately of any unauthorized use of your account or any other breach of security. COMPANY will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by COMPANY or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. If COMPANY has reason to believe that there is likely to be a breach of security or misuse of the Service, COMPANY may change any or all of your passwords immediately and will notify you accordingly.
COMPANY reserves the right to change at any time the terms, conditions, and notices under which the NHM Sites/Services are offered. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the NHM Sites/Services constitutes your agreement to all such terms, conditions, and notices. You agree that COMPANY shall not be liable to you or to any third party for any modification, suspension or discontinuance of the NHM Sites/Services.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the NHM Sites/Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the NHM Sites/Services.
LINKS TO THIRD PARTY SITES
Any dealings with third parties (including advertisers or sponsors) included within the NHM Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. COMPANY shall not be responsible or liable for any part of any such dealings or promotions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the NHM Sites/Services, you will not use the NHM Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the NHM Sites/Services in any manner which could damage, disable, overburden, or impair any NHM Site/Service(s) (or the network(s) connected to any NHM Site/Service(s)) or interfere with any other party's use and enjoyment of any NHM Site/Service(s). You may not attempt to gain unauthorized access to any NHM Site/Service, other accounts, computer systems or networks connected to any NHM Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the NHM Sites/Services.
LIMITATIONS ON USE
In order to use the NHM Sites/Services, your browser must be set to "accept all cookies". If you set your browser "not to accept any cookies”, you may not be able to use some or all of the NHM Sites/Services.
MATERIALS PROVIDED TO COMPANY OR POSTED AT ANY NHM WEB SITE
COMPANY does not claim ownership of the materials you provide to COMPANY (including feedback and suggestions) or post, upload, input or submit to any NHM Site/Service or its associated services for review by the general public (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting COMPANY, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. COMPANY is under no obligation to post or use any Submission you may provide and COMPANY may remove any Submission at any time in its sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The information about the products on the NHM site is provided on the basis of the information received from the product manufacturers and are on an "as is where is" basis. Although the information and recommendations at this site are presented in good faith and believed to be correct, COMPANY makes no representations or warranties of any kind, express or implied, as to the operation of the site, lack of viruses or other harmful components, the completeness, accuracy or timeliness of the information, content, materials or products, included on this site and has no liability for any errors or omissions in the materials.
Information is supplied on the condition that the persons receiving same will make their own determination as to its suitability for their purposes prior to use. In no event will COMPANY be responsible for damages of any nature whatsoever resulting from the use of or reliance upon information from this site or the products to which the information refers, including but not limited to direct, indirect, incidental, punitive and consequential damages.
You specifically agree that company shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through an NHM site/service. You specifically agree that company is not responsible for any content sent using and/or included in an NHM site/service by any third party.
GENERAL TERMS REGARDING DELIVERY PERIODS OF THE MERCHANDISE
You agree that COMPANY , despite its best efforts may not be able to deliver merchandise as indicated below for every product on the website. The delivery periods mentioned with every product at best are indicative.
You agree that COMPANY has no responsibility or liability for the delayed delivery of the merchandise. You acknowledge that COMPANY reserves the right to deliver your order at any time.
In case the COMPANY is not able to deliver the merchandise ordered within a reasonable period of time, you may opt for a refund of the payment for the undelivered merchandise and the COMPANY shall refund the amount equal to the price of the undelivered merchandise.
COMPANY MAKES NO WARRANTY THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
COMPANY reserves the right, in its sole discretion, to terminate your access to any or all NHM Sites/Services and the related services or any portion thereof at any time, without notice.
COMPANY may also terminate or suspend your access to NHM Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time of over 180 days. Upon termination of the NHM Site/Service, your right to use the NHM Site/Service immediately ceases.
COMPANY shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
AFTER YOU CLICK AT THE “CONFIRM ORDER” BUTTON
After you have clicked on “Confirm Order” button, you are responsible for paying the entire amount due on your purchase including any applicable taxes, shipping and other charges related to the order as assessed by the COMPANY.
COMPANY will immediately terminate any customer account which it believes, in its sole discretion, is placing orders on the website using cash on delivery payment mode and refuses to take deliveries. This also includes customer accounts which after receiving the goods, pass instructions to the credit card companies or their banks to deny the said transaction. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay COMPANY liquidated damages of INR 1,000 (Rupees One Thousand) for each piece of merchandise ordered in the subject transaction through your customer account, otherwise you agree to pay Company's actual damages, to the extent such actual damages can be reasonably calculated.
This agreement is governed by the laws of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Chennai, India in all disputes arising out of or relating to the use of the NHM Sites/Services. Use of the NHM Sites/Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and COMPANY as a result of this agreement or use of the NHM Sites/Services. You agree to indemnify and hold COMPANY, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the NHM Sites/Services. COMPANY reserves the right to disclose any personal information about you or your use of the NHM Sites/Services, including its contents, without your prior permission if COMPANY has a good faith belief that such action is necessary to:
(1) conform to legal requirements or comply with legal process;
(2) protect and defend the rights or property of COMPANY or its affiliated companies;
(4) act to protect the interests of its members or others.
Company's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Company's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the NHM Sites/Services or information provided to or gathered by COMPANY with respect to such use.
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 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 the user and COMPANY with respect to the NHM Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and COMPANY with respect to the NHM Sites/Services.