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Terms of use agreement

Welcome to the Nestopia website. This Terms of Use Agreement ("Agreement") constitutes a legally binding contract between Century Infotech Limited, a Company incorporated under the Companies Act, 1956 and having its registered office at Kolkata and having its corporate office at Mumbai (hereinafter referred to as "Nestopia," "we," "us," "our") and the User (“You”) of the website, www.nestopia.com and with respect to the Information and Services provided on the website (each as defined below) and collectively, the "Website". By using the Website, you agree to be bound by these Terms and Conditions. .

We reserve the right at any time, with or without cause, and without any prior intimation to the User, to:

  • amend and/alter the Terms and Conditions contained herein.;

  • amend/or alter the Website, including but not limited to discontinuing any Information or Service(s) or any other feature of the Website; or

  • deny or terminate the access of the Website to the User.

Any amendments and/or alterations made to Website and/ or these Terms and Conditions shall be effective with immediately on the date and the time of such amendments/alterations. The User agrees You agree that your continued usage of the Website shall constitute the acceptance of the amended and/or altered Terms and Conditions.

Permitted Use of Services and Information

The services made available on, by or through the Website, which include or may include, without limitation, Nestopia’s registration (for a Client/ End-user and Not a Pro Designer ), nestbooks, message boards and other Nestopia’s events (collectively, the "Services"), as well as any information provided on, by or through the Website or as part of or in connection with the Services or otherwise, including but not limited to data, text, graphics, designs, logos, images, audio/visual materials, links and references (collectively, the "Information"), are provided to the User for personal use only and not for any for-profitand/ or commercial activities or for the purposesof or for resale.. All the Service(s) and Information that is provided for on the Website are protected under the relevant intellectual property laws and no Information or any other Nestopia materials or property may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way.

Notwithstanding anything contained herein, Nestopia permits the User to view and print a reasonable number of copies of web pages located on the Website for the User’s personal use, ONLY. The Printed pages cannot be used by the User for any profit or commercial purpose(s) or for resale. The Printed Pages may be used for their own personal usage provided that the User (a) retain all trademark, copyright, and other proprietary notices contained in the downloaded and printed material (“Original Materials”); (b) provides attribution to Nestopia; (c) prints the the material in its entirety without any modification, reformatting or adaptation of any kind, and (d) the user understands and agrees that any such copies are subject to theseTerms and Conditions and remain the property of Nestopia. The User understands and agrees that the User shall not authorize any Information to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any third party, and further agree that the User will take all reasonable steps to prevent any unauthorized reproduction and/or other use of the Information. The User shall advise Nestopia promptly of any such unauthorized use of which the User becomes aware. Nestopia reserves its right to seek all remedies available at law & equity for violations of these Terms and Conditions, including the right to block access from a particular internet address to the Website.

Registration of the Clients

Access to certain functionalities of the Website will require the User to register with and/or provide certain information to Nestopia. Registration by a User does not in any way guarantee provision of Services by Nestopia. Nestopia reserves the right to decline to provide Services to any person without attributing any reason for the same. The User agrees that the information provided by him shall be accurate, current and complete. Nestopia does not take any responsibility vis-a-vis accuracy of the information provided by the User. It shall also be the duty of the User to keep the registration details updated. Nestopia shall not be responsible for the details of the User. Nestopia shall have the right to Terminate the services to a User on account of false and misleading information.

Privacy Policy:

Nestopia does not sell the information of the Users, and the information provided by the Users on the Website shall be governed by Nestopia’s Privacy Policy.

Postings and Other Submissions

As part of your use of the Website, the User may participate in certain nestbooks, message boards, member communications and/or other public forums. Your participation is voluntary; however, by choosing to create nestbooks, post photos or comments, sending any messages, submission of any ideas or feedback, or otherwise participating in any Nestopia forum, the User acknowledges and agrees that all the postings including but not limited to, messages, text, photos, audio/ visual works, information, suggestions, feedback, reviews or content provided by the User you (collectively, "Content") may be viewed by the general public and will not be treated as private, proprietary or confidential, and the User authorizesUs and Our affiliates, licensees and sub- licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use such Content throughout the World in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that the User may have in any Content posted or provided by you.

By posting or providing any Content on the Website, the User represents and warrants to Nestopia that the User is the owner and/ or has the right to use and permit Nestopia to use and license the Content in the manner as stated hereinabove. You further represent that any and all content posted by you shall not be infringing the rights of any third party. The User agrees to indemnify and hold harmlessNestopia against any such legal proceedings.

Nestopia may enable the User to post ratings or reviews of vendors and/or of the other service providers mentioned on the Website (your "Reviews"). These Reviews shall be considered as Content, however the same shall be subject to moderation by Nestopia. As a reviewer, the User shall not be entitled to post any reviews about a vendor and/or service provider if you are (a) an employee, contractor, officer or director of the vendor and/or service provider; (b) an employee, contractor, officer or director of a competitor of the vendor and/or service provider; or (c) related to the vendor and/or service provider in any way, including blood, adoption or by marriage.

The User agrees that the Reviews posted by the User shall adhere to the following Guidelines in addition to the Community Guidelines (if any):-

The Reviews shall be:

  1. is based upon your first-hand experience with the vendor and/or service provider that is the subject of the Review;

  2. is accurate, truthful and complete. You agree not to post or provide any Content that belongs to any person other than yourself or that contains the name, voice or likeness of any person other than yourself unless you first obtain permission to do so, and to grant to us the rights granted in this agreement, from that person.

  3. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.

  4. You further agree that we may use the posted or provided Content in any manner that we deem appropriate or necessary. We reserve the right to edit or abridge any Content for any reason, and to edit, moderate vide refusal to post or removalof any Content submitted by you or others. Nestopia does not guarantee publishing of the all the content that has been submitted by the User. Nestopia reserves the right to remove any Content without notice and without giving any reason. , We do not control in real time the Content posted via the Services and as such do not guarantee the accuracy, integrity or quality of such Content. In addition to other disclaimers found herein, we do not endorse or make any warranties or representations with respect to the accuracy, completeness or timeliness of any Content posted on the Website.

Reviews are solely the opinions of the Users that post them and none of the Reviews contain or reflect any opinions or views of Nestopia.

Third-Party Links

The Website may contain links to other websites for your convenience. We do not control these links/ websites or the content provided through such websites and do not take any responsibility and liability for the same. , Your use of linked websites is subject to the terms, conditions and other policies of the Third Party Links. Nestopiadis claims all liability for such use. The fact that we offer such links does not indicate any approval or endorsement by us of any linked website or any material contained on any linked website, and we disclaim any such approval or endorsement.

Third-Party Products and Services

Descriptions or images of, or references to, third-party products, services or publications on the Website does not imply either explicitly or impliedly any endorsement by Nestopia of such products, services and publications, and Nestopia shall never be responsible for, and further disclaims any endorsement of, any such product, service or publication.

Acceptable Use Policy

By using the Website and/or Services of Nestopia, the Users agree not to use the same and/ or take any action or actions that:

  • are contrary to Nestopia's public image, goodwill or reputation;

  • infringe on our or any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

  • express or imply that any of your statements, activities or causes are endorsed by us, without our prior written consent in each instance;

  • violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;

  • are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene; Nestopia reserves the right to permanently block any User for the same and /or take any action as advised to Nestopia including but limited to legal action.

  • transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;

  • restrict or inhibit any other visitor from using the Website, including, without limitation, by means of "hacking" or defacing any portion of the Website;

  • modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Website or Information;

  • remove any copyright, trademark, or other proprietary rights notices contained in or on the Information, Website, or Services;

  • sublicense, sell, rent, lease, transfer, assign, or convey any rights under this Agreement to any third party, or otherwise commercially exploit or profit from the Information or content of the Website, or any portion thereof, in any manner whatsoever, except as expressly permitted herein;

  • "frame" or "mirror" any part of the Website without our prior written authorization;

  • distribute any virus, worm or other similar or deleterious files, scripts or programming routines;

  • interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of Nestopia or its licensors or suppliers;

  • involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or violate in any way the Information and Technology Act, 2000 (as amended from time to time) and all the rules and regulations framed under the same.;

  • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine" the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents, authentication and security measures;

  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission;

  • execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Website's servers or any data not intended for you; and/or

  • harvest or collect information about any Website visitors or members without their express consent.

Improper use of the Information, Services and Website may result in termination of your access to and use of the Website, and/or civil or criminal liabilities.

Ownership

The Website is owned and operated by Nestopia and its licensors, and the Information and Services (and any intellectual property and other rights relating thereto) are and will remain the property of Nestopia and its licensors and suppliers. The Information and Services are protected by India and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in these Terms and Conditions, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Website or any Service or Information without our prior written permission. The Information, Website, and Services may be used solely (a) to the extent permitted vide these Terms and Condition or (b) as expressly authorized in writing by Nestopia or, if so indicated in writing by Nestopia, its licensors or suppliers. Use of the Website or any Services or Information for any other purpose is strictly prohibited. Usage of the Website and/or its services does not in any way entitle the User ownership rights.The trademarks, logos, and service marks displayed on the Website (collectively, the "Trademarks") [whether registered or unregistered] are the trademarks of Nestopia, Nestopia licensors and suppliers, and/or others. Nothing contained in these terms and conditions or the Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) without the express written permission of Nestopia, Nestopia licensors or suppliers, or the third party owner of any such Trademark, except as set forth in the following paragraph.

Nestopia Buttons, Links and Widgets

You may use the Nestopia buttons, links and widgets displayed on the 'Buttons and Badges' section of this Website provided that

(a) such buttons, links and widgets shall link only to the Website;

(b) the User does not and shall not modify such buttons, links, widgets or associated code in any manner,

(c) the User does not use any such buttons, links, widgets in any manner which implies or suggests that Nestopia operates, endorses, sponsors or recommends the website on which such buttons, links and widgets are used, and (d) the use of such buttons, links and widgets, and the website on which such buttons, links and widgets are used do not violate these terms and conditions and other policies of Nestopia.

The User acknowledges and agrees that all rights in and to the Nestopia trademarks are the exclusive property of Nestopia, and any goodwill generated by the use of any Nestopia trademark by the User will inure to Nestopia’s exclusive benefit. The User shall not take any action that is in conflict with the rights in or ownership of any of Nestopia’s trademark (s).

Nestopia has the right to revoke the permission to use such buttons, links and widgets at any time for any reason.

The User affirms that he isfully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Agreement, and to abide by and comply with this Agreement.

We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Website, or any part or portion thereof, with or without notice to you, without any liability to the User. . Nothing in these Terms and Conditions shall be construed to obligate Nestopia to maintain and support the Website, or any part or portion thereof, during the term of this Agreement.

Disclaimers:

No Warranties

ALL CONTENT ON THE WEBSITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY & FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. NESTOPIA DOES NOT ENDORSE & IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN BY NESTOPIA VIA ITS DULY AUTHORISED REPRESENTATIVES (IF SPECIFIED). OTHER THAN AS REQUIRED UNDER APPLICABLE LAW,UNDER NO CIRCUMSTANCE WILL NESTOPIA BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE ON/THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE OR OTHER CONTENT.

Limitation of Liability

Nestopia (nor any of its licensors, sponsors, agents, successors, or assigns, nor our or their directors, officers, employees, consultants, or other representatives) specifically disclaims any liability (whether based in contract, tort, strict liability or otherwise) for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Website, (even if Nestopia has been advised of the possibility of such damages) including liability associated with any viruses which may infect a user's computer equipment.

Indemnification

The User agrees to fully indemnify, defend, and hold Nestopia, it’s licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (a) the User’s breach of these Terms and Conditions, including but not limited to the Acceptable Use Policy; (b) any allegation that any materials/comments etcsubmitted to Nestopia or transmit to the Website infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) The User’s activities in connection with the Website or other websites to which the Website is linked; and/or (d) the User’s own negligence and/or willful misconduct.

Jurisdictional Issues

Nestopia makes no representation that the Website operates (or is legally permitted to operate) in all geographic areas, or that the Information, Website, or Services are appropriate or available for use in other locations. Accessing the Website from territories where the Website or any content or functionality of the Website or portion thereof is illegal is expressly prohibited. Any access of the Website and the content thereof by the User from any prohibited jurisdiction is at the entire risk and cost of the User and Nestopia shall not be responsible for such access. The User shall always be responsible for his own compliance of the Applicable laws.

Access to Password Protected/Secure Areas

Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the website may be subject to prosecution.

Arbitration

Any dispute arising out of or in connection with this agreement, including any question regarding its existence, amendment, validity or termination, shall be referred to & finally resolved by arbitration in accordance with the Indian Arbitration & Conciliation Act, 1996. The arbitration shall be a "documents only", evidence through affidavits "fast track" arbitration. The Tribunal shall consist of one (1) arbitrator to be appointed by mutually. The exclusive seats of arbitration shall be Mumbai, India & the language of the arbitration shall be English.

Governing Law

This agreement shall be governed by & construed in accordance with the laws of India.

User access to & use of the Site is subject to all applicable laws.

Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights. If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court, the remaining provisions of these Terms and Conditions will remain in effect. These Terms constitute the entire agreement between us regarding the Website/ Service(s), Contents etc and supersede and replace any prior agreements we might have between us regarding the same.

Jurisdiction

In respect of all matters/disputes arising out of, in connection with or in relation to this agreement, only the civil courts at Mumbai, India shall have jurisdiction, to the exclusion of all other courts.

Publication

The Website is deemed to be published from/at Mumbai, India (irrespective of where it is accessed from).

This Website is Operated By

Century Infotech Limited

Effective from April , 2014

Last modified as of _________ 2015

You hereby acknowledge that you have carefully read all of the terms and conditions of our Privacy Policy (which can be accessed at http://nestopia.com/privacypolicy) and agree to all such terms and conditions. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement. These Terms apply to all visitors, users and others who access or use the Website and/ or the Service(s).

If there is any addition/ deletion in scope by either party then the cost for demolition of executed work and related material purchased etc will be borne as per actual by the defaulting party as well as the cost for the new work to be executed.

At Nestopia, we believe in standing by the promise we make. And the promise we obtain from our clients. So whenever either sides break that promise, we expect the side bearing the brunt for it to be compensated. Following are the penalties that can concur during any project:

  • DESIGN PHASE

    Penalties for you (Client)

    0.06 % per day but not exceeding maximum 6% of Design fees

    In case of:

    Delay in payment

    Delay in giving feedback or sign-off on drawing

    Delay in responding for the scheduled meeting

    Delay in approving the mock-ups and samples


    Penalties for us (Nestopia)

    0.06 % per day but not exceeding maximum 6% of Design fees

    In case of:

    Delay in sharing of drawings with the client/

    Delay in responding for the scheduled meeting

    Delay in showing mock-ups and samples

    Mismatch in BOQ and design

  • EXECUTION PHASE

    Penalties for you (Client)

    0.05 % per day of contract value but not exceeding maximum 2% of total contract value starting from site kick-off day

    In case of:

    Delay in site readiness

    Constraints with respect to working time

    Work stopped by society or municipal authority

    Design change

    Change in scope

    Non availability of essential amenities like water and electricity

    Delay in delivery of Client purchase

    Delay in payment

    Change of specifications and list of make in the approved BOQ or drawing


    Penalties for us (Nestopia)

    0.05 % per day of contract value but not exceeding maximum 2% of total contract value starting from site kick-off day

    In case of:

    Design change

    Delay in delivery of materials

    Time overrun against the scheduled handover date

    Delay due to accident at site

    Not adhering to the specifications and list of make in the approved BOQ or drawing

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