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Nitrogem Terms and Conditions

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.nitrogem.com website.

The Terms and Conditions (T&C) contained herein along with the Privacy Policy, form an Agreement regulating our relationship with regard to the use of Insense Private Limited's 'www.nitrogem.com' Platform (Site) by you.

Insense Private Limited (hereinafter referred to as "Insense", "Nitrogem", "we", "us", or "our") provides a cashback and digital coupon marketplace in India (the "Services") which includes, and is accessible via the website published at www.nitrogem.com (and any other websites with Nitrogem branding that link to these Terms) (collectively, the "Site"). The Services, for example, allow users to access coupons of certain third-party merchants (“Merchants”) for online use and also allow users to avail cashback for making purchases at the Merchants' websites. By using the Services, you agree to comply with and be legally bound by the terms and conditions of these Terms & Conditions ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services, and constitute a binding legal agreement between you and Nitrogem. Please read carefully these Terms and our Privacy Policy and which is incorporated by reference into these Terms.

By accessing the Site or Service and/or by clicking "I agree", you agree to be bound by these Terms and/or any changes/revisions/amendments to these Terms, at all times, as displayed on the www.nitrogem.com website. You hereby represent and warrant to Nitrogem that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilize the Service of the site, they shall do so only with the involvement & guidance of their parents and / or legal guardians, under such Parent /Legal guardian's registered account.

Any clause of terms and conditions if deemed invalid, void or for any reason unenforceable, shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the terms and conditions.

DEFINITIONS:

  • "Agreement" means the Terms and Conditions (T&C) contained herein along with the Privacy Policy including other T&C at other portals and/or products of Nitrogem under the name. It will also include references to this Agreement as and when amended, notated, supplemented, varied or replaced.
  • "Website", "Site" or "www.nitrogem.com" means the online platform owned and operated by Nitrogem, which provides a venue to the Users to find and use cashback, coupons, deals, discount or cashback offers on hundreds of online affiliate stores. 
  • "Vendor", "Seller", "Affiliates" or "Affiliate Stores" shall mean the person or any legal entity who offers for sale, sells, displays, the cashback/deal/coupons on the online platform provided by their respective website and/or delivers the ordered products to the customers.
  • "Customer" or "Buyer" shall mean the person or any legal entity who accepts the offer for sale on goods/services by placing an order for and or purchases any deal / Coupons offered for sale on affiliates.
  • "User", "You" or "Your" means and includes you and/or any person or an entity including Vendor/Seller using or accessing the services provided on this Site and any person who access or avail this site of Nitrogem for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the Site.
  • "We", "Us" or "Our" shall refer to Nitrogem or Insense Private Limited.
  • "Products" means the goods or services promoted / displayed on the Site and offered for any use / sale.

ONLINE PURCHASES:

This Website is only a venue where Users may meet and interact with one another for their sale and purchase transactions. Therefore, Nitrogem acts as a facilitator for such sale and 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, date, period, mode of delivery, warranties related to products and services including after sales services related to products and services, etc., over which the Seller has complete control and the same may be subject to change.

You agree, understand and acknowledge that www.nitrogem.com is an online platform / venue enabling the users to avail a curated list of deals, coupons and cashback. Once a User chooses the most appropriate deal through the Website, they are automatically redirected to the concerned Merchant’s website where the User can purchase the Products on which the offer is applicable. For some of these Merchants, we are able to track your purchase and in such cases we share a part of the commission with You in the form of cashback. This is reflected in the User’s account on Nitrogem once the purchase is confirmed by the merchant.

Providing of cashback is solely dependent on confirmation of the purchase and transfer of commission by the Merchant. You hereby acknowledge and agree that in case of failure of confirmation of a purchase by a Merchant or non payment of commission by the Merchant to Nitrogem, Nitrogem may refuse to credit any form of cash back to Your account. Nitrogem also reserves the right to cancel pending or confirmed/earned cashback, withdrawal requests or withhold payments indefinitely if we detect unscrupulous activity, fraud or bulk purchases made by the user. Cashback and any bonus provided to user’s account may not have an expiry date, but Nitrogem reserves the right to reduce or remove the available amount without any prior notice.

You further agree and acknowledge that the Site is not involved in any sale and purchase of goods/Products and cannot warranty the quality and merchantability of the goods/Products purchased utilising the deals / coupons purchased. Nitrogem is only a facilitator, an intermediary and is not and cannot be a party to or control in any manner any transactions between the Vendor/Seller and the Customer/Buyer. Nitrogem shall neither be responsible nor liable to mediate or resolve any disputes or disagreements between the Users and the Vendors.

Nitrogem shall neither be liable nor responsible for any actions or inactions of Vendors and/or Sellers or any breach of conditions, representations or warranties by the Vendor or manufacturer of the Products. Nitrogem does not sell or retail any Products and does not ensure that the Users shall perform their obligations in respect of the transaction concluded on this Site and further expressly disclaims any warranties or representations express or implied in respect of quality, safety, merchantability, fitness for a particular purpose, or legality of the products listed and transacted on Website.

You further agree and undertake that you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.

Nitrogem accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

Nitrogem shall not be responsible and shall not be responsible for any non-performance or breach of any contract entered into between Users.

Before placing an order you are advised to check the deal/offer description carefully. By placing an order for a deal/offer you agree to be bound by the conditions of sale included in the deal’s description.

The agreement between you and Nitrogem is subject to the following terms and conditions:

  • The User certifies that he/she is at least 18 (eighteen) years of age.
  • 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 or your login through other group or related ID. By using the services of Nitrogem you agree to be bound by the Terms and Conditions.
  • All prices, unless indicated otherwise are in Indian Rupees.
  • By indicating User's acceptance to purchase any product or service offered on the site, user is obligated to complete such transactions after making payment. Users shall prohibit from indicating its acceptance to purchase products and services where it does not intend to complete such transactions.
  • Nitrogem is neither responsible for any non-performance or breach of any contract entered into between Users nor make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the Products or services proposed to be sold or offered to be sold by the Seller or purchased by the Buyer, on the Website.
  • You are advised to independently verify the bona fides of any particular deal/coupons that you choose to buy with on the Website and use your best judgment in that behalf. Nitrogem, accepts no liability for any errors or omissions, whether on behalf of itself or its channel partners/ Sellers or third parties.
  • In a credit card transaction, You must use Your own credit card. Nitrogem will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on the User. To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, Nitrogem reserves the right to cancel all past, pending and future orders without any liability.
  • The User agrees to use the services provided by Nitrogem, its Affiliates, consultants and contracted companies, for lawful purposes only.
  • The User agrees not to make any bulk purchase to indulge into any reseller activities. In case of any such instances, Nitrogem reserves all rights to cancel the current and future orders and block the concerned User account.
  • The User agrees to provide authentic and true information. Nitrogem reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation such User details are found to be false, not to be true (wholly or partly), Nitrogem shall in its sole discretion reject the registration and debar the User from using the Services available on its Website, and / or other affiliated websites without prior intimation whatsoever.
  • Nitrogem will not be responsible for any damage suffered by Users from use of the Services on the Site. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of parties. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
  • Failure/ denial by a channel partner / Affiliate to honor the cashback/deal/coupon or coupon code not working in case of online coupons needs to be reported within 24 hrs of the purchase of the cashback/deal/coupon.
  • Cancellation on User's request, may not be allowed, subject to the specific terms and conditions applicable to the type of product or service purchased.
  • Nitrogem as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
  • Nitrogem reserves the right to send transactional emails and SMS's related to any order placed by a User and the User agrees that the same will not tantamount to spam. By submitting your mobile number, you agree to receive calls/SMS's from Nitrogem or its authorized representative, irrespective of your registration on Do Not Disturb (DND) with your telecom service provider.
  • You agree to receive calls from Nitrogem and its agents, merchants, courier partners seeking clarification/information regarding your order and any other related information as and when required and disclaim any liability of Nitrogem in this regard.

BONUSES:

Nitrogem reserves the right to rescind any bonuses (e.g. welcome bonus, referral bonus, etc.) granted by Nitrogem without any prior notice. Such actions shall be taken by Nitrogem at its discretion and may or may not include cases where Users create bogus / fake accounts to avail referral bonus or any other bonus.

THIRD PARTY INFORMATION:

The content on the Website which includes all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, design documents, and artwork is a combination of Third Party content and Our content. We have no control over such third party user generated content as We are merely an intermediary for the purposes of this Terms of Service. In the event, if any of the Third Party Content infringes any Intellectual Property of any person, the User shall be solely responsible for any loss caused and We shall not be liable. You may send us an email at info@nitrogem.com to report any such content.

The use of such content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent is not allowed.

REVIEWS, COMMENTS OR OTHER USER CONTENT:

The content that You upload or post on the Website will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. 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 and are not entitled to any payment or other compensation for such use. You also grant Us the right to sub-license these rights, and the right to bring an action for infringement of these rights. We reserve the right to edit or remove any material submitted to this Website, or stored on Our servers, or hosted or published upon this Website.

We have the right to upload content on behalf of third parties, subsequent to collecting such information and verifying it if we deem it necessary. Notwithstanding this, We can in no way be held liable for any false or misleading information.

TYPOGRAPHICAL ERRORS:

In the event a cashback/deal/coupon is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or contents of cashback/ deal/ coupon information received from our channel partners or suppliers, Nitrogem shall have the right to refuse or cancel any orders placed for deals/ coupons listed with incorrect price or information. Nitrogem shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card charged.

REGISTRATION/MEMBERSHIP:

Membership cannot be availed of by those who are deemed Incompetent to Contract under the Indian Contract Act, 1872 subject to the aforementioned conditions.

User may also choose to link your social network profile of Facebook and Google+ with Us and use that as the login credentials. Nitrogem shall use the same to retrieve certain details from them including name, birthday, gender, location, email ID and access Your friends’ list. However Nitrogem shall not post anything on User’s behalf without User’s permission.

Registration of the User on the Website is mandatory. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the User agrees not to use any other party's under ID and Password for any purpose whatsoever without proper authorization from such party. User are responsible for the security of User's password and for all transactions undertaken using User's password through our service. User confirms that he/she is the authorized holder of the bank account, mobile wallet account, credit card or the original account holder used in the transactions under this Site. Nitrogem will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of user's ID/password/credit card number/account details number for using Nitrogem’s Services.

The user also agrees and undertakes to immediately notify Nitrogem of any unauthorized use of the user's password or user ID and to ensure that the user logs off at the end of each session at the website. Nitrogem shall not be responsible for any, direct or indirect, loss or damage arising out of the user's failure to comply with this requirement.

The membership of this Website is free of cost and this includes only the browsing of the Website. You hereby understand that this no charge policy may be amended at anytime in the discretion of the Website and Nitrogem. The User also agrees to:

  • provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form ("Registration Data") on the Website;
  • maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provides any information that is untrue, inaccurate, not current or incomplete or Nitrogem has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Nitrogem shall have a right to suspend or terminate User's registration and refuse any and all current or future use of the Website and/or any Service; and
  • Furthermore, the User grants Nitrogem the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services;

ACCEPTABLE USE:

Nitrogem hereby grants You a limited, non-exclusive, non-transferable, license to access and use the Services as provided by Nitrogem solely for your personal use and enjoyment in the manner permitted by these Terms. You shall not attempt or engage in potentially harmful acts that are directed against the Services including, without limitation, any one or more of the following:

  • Using the Services in contravention of any other agreement to which you are a party, including without limitation any employment agreement to which you may be a party;
  • causing, allowing, or assisting any other person to impersonate you;
  • sharing your password or login with any other person;
  • logging onto a server or account(s) that you are not authorized to access;
  • creating more than one account, forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity;
  • emulating or faking usage of the Services;
  • violating or attempting to violate any security features of the Services;
  • using manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl," or "spider" any pages contained in the Site;
  • introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Services;
  • interfering or attempting to interfere with the use of the Services by any other user, host, or network, including without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," "pinging," or "crashing" the Services;
  • causing, allowing or assisting machines, bots, or automated services to access or use the Services without the express written permission of Nitrogem;
  • tampering with the operation, functionality, or the security of the Services;
  • attempting to override or circumvent any security or usage rules embedded into the Services that permit digital materials to be protected;
  • attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or breach any security or authentication measures;
  • misusing, tricking, disrupting, or otherwise interfering with the functioning of the Services;
  • harvesting or collecting email addresses or other contact information of other Users or clients from the Services by electronic or other means;
  • reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Services;
  • engaging in "framing," "mirroring," or otherwise simulating the appearance or function of the Services;
  • forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
  • deep-linking to any portion of this Services without our express written permission;
  • acting illegally or maliciously against the business interests or reputation of Nitrogem or the Merchants promoted via the Services;
  • hyperlinking to the Services from any other website without our initial and ongoing consent;
  • using the Services or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Nitrogem;
  • reselling or repurposing your access to the Services or any purchases made through the Services; or
  • using the Services or any of its resources to solicit other Users of the Services, Merchants or other business partners of Nitrogem to become Users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Nitrogem, including without limitation, aggregating current or previously offered coupons or deals.

Any Content and or comment uploaded by you, shall be subject to relevant Indian laws and may be disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these Terms, or the Privacy Policy of the Site, Nitrogem shall have the right to immediately terminate/block your access and usage of the Site and Nitrogem shall have the right to immediately remove any non-compliant Content and or comment, uploaded by You and shall further have the right to take recourse to such remedies as would be available to Nitrogem under the applicable laws.

INDEMNITY:

You shall indemnify and hold harmless to Nitrogem and (as applicable) Nitrogem's parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the use of User's actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfilment of any of its obligations under this Agreement or arising out of the User's infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, Confidentiality obligations, 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 Agreement.

INTELLECTUAL PROPERTY OWNERSHIP:

All right, title and interest in the Services, including technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to these Terms, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to Nitrogem or its licensors, and you shall have no rights whatsoever in any of the foregoing. You acknowledge that the Services constitute a valuable trade secret and/or are the confidential information of Nitrogem or its licensors. Nothing in these Terms or otherwise will be deemed to grant to you an ownership interest in the Services, in whole or in part. All content and materials included as part of the Services, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the "Works") are the property of Nitrogem, its licensors, or applicable third party rights holders (such as Merchants), and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All works are copyrighted as individual works and as a collective work under copyright laws and international treaty provisions, and Nitrogem owns a copyright in the selection, coordination, arrangement and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to these Terms may cause Nitrogem and its licensors irreparable injury, which may not be remedied at law, and you agree that Nitrogem and its licensors' remedies for breach of these Terms may be in equity by way of injunctive or other equitable relief.

TERMINATION/SUSPENSION:

Nitrogem reserves its right to limit, refuse service, restrict, suspend, prohibit access to the Site, terminate your account and services; Terminate this Agreement; Terminate or suspend your access to the Web Sites; Move, or remove any product or service that is available on or through the Services; Deactivate or delete your accounts and all related information and files in your account; Establish general practices and limits concerning use of this Site; at any time, in its sole discretion with or without cause, and with or without any prior notice for any violation of the Terms. Upon such termination or suspension, your right to use the Nitrogem's Websites will immediately cease. Once the User's registration or the Services are terminated, cancelled or suspended, any data that the User has stored on the Website may not be retrieved later. The User agrees that Nitrogem may under certain circumstances and without prior notice, immediately terminate the User's user ID and access to the Website/Services. Causes for termination may include, but shall not be limited to requests by enforcement or government agencies, possible legal liabilities, infringing the intellectual property rights of any third party, anything acting inconsistently with the letter of spirit of our policies or harassing our employees etc.

DISCLAIMER OF WARRANTIES / LIMITATION OF LIABILITY:

THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. THE WEBSITE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.

USER ACKNOWLEDGES THAT THROUGH THIS SITE, NITROGEM MERELY ACTS AS A FACILITATOR, IN ORDER TO FACILITATE HIGHEST QUALITY SERVICES TO THE USERS. NITROGEM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, BUT SHALL ENDEAVOUR TO ENSURE USER FULLEST SATISFACTION.

NITROGEM IS NOT LIABLE FOR ANY CLAIMS AGAINST LACK OR DEFICIENCY OF SERVICES; NON-FULFILLMENT OR UNSATISFACTORY FULFILLMENT OF PRODUCTS AND SERVICES PURCHASED BY USER FROM THE THIRD PARTY. THUS, NITROGEM SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY ASPECT OF THE ARRANGEMENTS BETWEEN THE USERS OF THE SITE AS REGARDS THE STANDARDS OF PRODUCTS AND SERVICES. IN NO EVENT SHALL NITROGEM BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE PRODUCTS AND SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER'S TRANSMISSIONS OR DATA; (D) ANY OTHER MATTER RELATING TO THE SERVICES; INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE.

NITROGEM SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND NITROGEM'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

YOU FURTHER AGREE AND ACKNOWLEDGE THAT THAT WE ARE IN NO WAY LIABLE FOR THE FUNCTIONING AND NON FUNCTIONING OF THE OTHER SHOPPING WEBSITES WHICH YOU SHALL BE REDIRECTED TO UPON CHOOSING THE APPROPRIATE COUPON/DEAL/OFFER. WE SHALL NOT BE LIABLE FOR ANY DEAL OR COUPON WHICH HAS TERMINATED OR INVALIDATED BY THE THIRD PARTY SHOPPING SITES. WE SHALL NOT BE LIABLE FOR THE PRODUCTS SOLD BY THE THIRD PARTY SHOPPING SITES AND THE SERVICES RENDERED BY THEM. FOR ANY ISSUES WITH REGARD TO YOUR PURCHASE, THE THIRD PARTY SHOPPING SITES SHALL BE RESPONSIBLE AND WE SHALL HAVE NO INVOLVEMENT IN THE MATTER. FOR ALL ISSUES REGARDING SALES, PRODUCTS, SERVICES AND OTHER MATTERS, YOU SHALL BE GOVERNED BY THE SHOPPING WEBSITE’S TERMS OF SERVICE AND PRIVACY POLICY AND WE SHALL HAVE NO ASSOCIATION WITH THE SAME. WE STRONGLY ADVISE YOU TO READ THROUGH THEIR TERMS OF SERVICE AND PRIVACY POLICY PRIOR TO ANY PURCHASE.

YOU ALSO UNDERSTAND WE ARE UNDER NO LIABILITY TO PROVIDE A CASHBACK FOR ANY DEAL YOU UTILIZE FROM OUR WEBSITE. CASHBACK IS A REWARD SCHEME WHICH IS SUBJECT TO VARIOUS TECHNOLOGICAL AND COMMERCIAL CONDITIONS. IN THE EVENT, THE CASHBACK IS NOT TRACKED BACK TO YOU OR IN THE EVENT, WE DO NOT RECEIVE ANY COMMISSION FOR A PARTICULAR DEAL, YOU UNDERSTAND THAT WE SHALL NOT BE LIABLE FOR ANY NON PAYMENT OF CASHBACK.

YOU MAY REDEEM THE CASHBACK ONLY IN ACCORDANCE WITH THE WITHDRAWAL RULES PRESCRIBED BY US FROM TIME TO TIME.

THIS CLAUSE SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.

RELATIONSHIP:

None of the provisions of this Agreement, terms and conditions, notices or the right to use the Website by the User contained herein or any other section or pages of the Website and/or the Linked Sites, shall be deemed to constitute a partnership between the User and Nitrogem and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Website, the User authorizes Nitrogem and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed Nitrogem and its agents as their agent for this purpose.

ENTIRE AGREEMENT:

The Terms and Conditions, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.

HEADINGS:

The headings and sub-headings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Service or the right to use the Website by the User contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.

COMMUNICATION WITH USERS:

Nitrogem reserves the right to communicate with Users regarding this Site and User's use of this Site or any Product or service purchased by User on this Site.

FORCE MAJEURE:

Nitrogem shall have no liability to you for any interruption or delay, to access the Site irrespective of the cause.

NO WAIVER:

Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.

SEVERABILITY:

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

GOVERNING LAW:

This agreement and each clause shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Delhi.

MISCELLANEOUS:

We reserve the right to change these Terms at any time in its discretion and to notify Users of any such changes solely by changing these Terms. Your continued use of the Website after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this Website prior to the time this Terms of Service was posted will be governed according to the Terms that applied at the time of your use.

We may modify, suspend, discontinue or restrict the use of any portion, including the availability of any portion of the Content at any time, without notice or liability. We may deny access to any person or user at any time for any reason. In addition, we may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires Nitrogem or any of their assets.

NOTICE OF COPYRIGHT INFRINGEMENT:

Nitrogem is not liable for any infringement of copyright arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties. Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature addressed to Grievance Officer at info@nitrogem.com or write at the following address:

Mr. Nitesh Agarwal (Grievance Officer), email – info@nitrogem.com
Address: Insense Private Limited, 3rd floor, Plot No. 32, Okhla Phase 3, New Delhi, Delhi 110020