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Terms and Conditions

This Agreement was last modified on 26 June 2023.

1. Introduction

Welcome to Nestea Shops (the “Company”, “we”, “our”, or “us”). These terms of service (“Terms”, “Terms of Service”) set forth how you may use the service that is offered by Nestea Shops at the internet address https://nesteashop.com/ (the “Service”). Your use of our Service is also governed by our Privacy Policy, which details how we gather, protect, and disclose data resulting from your use of our websites. These Terms and our Privacy Policy together constitute your agreement with us (the “Agreements”). You declare that you have read, comprehended, and agree to be bound by the Agreements. You may not use the Service if you disagree with (or are unable to comply with) the Agreements, but if you do so, please let us know by sending an email to contactus@nesteashop.com so we can try to find a solution. All visitors, users, and other individuals who seek to access or use the Service are subject to these Terms.
2. Communications

You consent to receive newsletters, marketing or promotional materials, and any other information we may send by using our Service. By clicking the unsubscribe link or sending an email to contactus@nesteashop.com, you can choose not to receive any or all of these emails from us.

3. Purchases

You may be required to provide certain information relevant to your Purchase, including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information, if you wish to purchase any good or service made available through the Service (“Purchase”). You guarantee and represent that (i) you are authorized to use any card(s) or other payment method(s) in connection with any Purchase and that (ii) the data you provide to us is accurate, current, and complete. To make payments and the fulfillment of Purchases easier, we could use services provided by third parties. By giving us your information, you give us permission to share it with these third parties in accordance with our privacy statement. We reserve the right to reject or cancel your order at any time for a variety of factors, including but not limited to product or service availability, inaccuracies in the product or service description or price, inaccuracies in your order, and other factors. In the event that we detect fraud or an unapproved or unlawful transaction, we have the right to reject or cancel your order.

4. Contests, Sweepstakes, and Promotions

These Terms of Service may not apply to any competitions, sweepstakes, or other promotions (collectively, “Promotions”) made available through the Service. Please read our Privacy Policy and any applicable restrictions before taking part in any Promotions. If a Promotion’s rules conflict with these Terms of Service, the Promotion’s rules will take precedence.

5. Refunds

Within 12 days of the Contract’s initial purchase, we give refunds for them.

6. Content

You can make certain data, text, graphics, videos, and other materials (“Content”) available by posting, linking, storing, sharing, and in other ways using our service. The legality, dependability, and appropriateness of the Content that you submit on or through the Service are all your responsibility. By posting Content on or through the Service, You represent and warrant that (i) the Content is yours (you own it), and/or you have the right to use it, and (ii) you have the right to grant us the rights and license set forth in these Terms. You also represent and warrant that (ii) the posting of your Content on or through the Service does not violate any third party’s right to privacy, publicity, privacy, copyright, contract, or other rights. Any user whose account is determined to be violating a copyright will have it terminated, at our discretion. You are in charge of preserving your ownership rights in any and all Content that you upload, post, or display on or through the Service. We disclaim all liability and responsibility for any Content that you or any third party post on or transmit using the Service. You do, however, grant us permission to use, modify, publicly perform, publicly display, reproduce, and distribute the Content by uploading it via the Service.You acknowledge that this license grants us the right to distribute your Content to other Service users, who are permitted to use it in accordance with these Terms. Although it is not required, Nestea Shops has the right to review and edit any content posted by users. Furthermore, Nestea Shops owns the content that can be found on or through this service, or it has been utilized with authorization. Without our express prior written consent, you are not permitted to share, edit, transmit, reuse, download, repost, copy, or use the aforementioned Content, in whole or in part, for profit.

7. Prohibited Uses

Only legitimate uses and compliance with the Terms are permitted when using the Service. You consent to not using the Service:
7.1. In any way that contravenes a relevant law or regulation that is either national or international.
7.2. In order to abuse, injure, or attempt to abuse minors in any way, including by exposing them to objectionable material.
7.3. To send or arrange for the sending of any form of solicitation, such as “junk mail,” “chain letters,” “spam,” or anything else of a similar nature.
7.4 To pretend to be the Company, one of its employees, another user, or any other person or organization.
7.5. In any manner that violates the rights of others or in any manner that is unlawful, obscene, fraudulent, or harmful,

7.6. To engage in any other behavior that prevents someone from using or enjoying the Service, or that, in our judgment, may hurt or offend the Company or Service users or subject them to legal liability. In addition, you promise not to:
7.6.1. Use the service in any way that would damage, overload, or impair it, or that might prevent someone else from using it or from taking part in real-time activities through it.

Use any robot, spider, or other automatic tool, method, or access point to the service for any reason, including watching or duplicating any of the content there.7.6.3. Without our prior written authorization, use any manual process to monitor, copy, or otherwise illegally use any of the content on the service.
Use any tool, program, or procedure that obstructs the Service’s proper operation.
7.6.5. Introduce any malicious or technologically destructive content, such as viruses, Trojan horses, worms, logic bombs, etc.
7.6.6. Make an effort to access the Service, the server on which it is stored, or any server, computer, or database connected to the Service, without authorization.
7.6.7. Launch a distributed denial-of-service attack or a denial-of-service assault against the service.Take any activity that could harm or fudge the company rating, according to 7.6.8.
7.6.9 Otherwise make an effort to obstruct the Service’s efficient operation.

8. Analytics

To track and examine how our Service is being used, we could work with outside Service Providers.

9. No Use By Minors

The service is exclusively for those who are at least eighteen (18) years old to access and use. You warrant and represent that you are at least eighteen (18) years old and have the full power, authority, and capacity to enter into this agreement and abide by all of the terms and conditions of the Terms by accessing or using the Service. You are not permitted to access or use the Service if you are under the age of eighteen (18).

10. Accounts

By opening an account with us, you certify that you are at least 18 years old and that the data you give us is true, full, and up-to-date at all times. Your account on the Service could be immediately terminated if the information is inaccurate, lacking, or out of date. You are in charge of protecting the privacy of your account and password, which may include, but is not limited to, limiting who has access to your computer and/or account. Whether your password is for our Service or a third-party service, you consent to take responsibility for any and all activities or actions carried out under your account and/or password.If you become aware of any security breach or unauthorized use of your account, you must contact us right away. A name or trademark that is protected by any rights of a person or entity other than you, or that is not lawfully accessible for use, may not be used as a username without the necessary license. Any name that is vulgar, obscene, or derogatory is not permitted to be used as a username. We have the right, at our sole discretion, to deny service, delete or edit content, or cancel orders.

11. Intellectual Property

The Service, including all of its features, functionality, and original content (aside from User-Provided Content), is and will continue to be the sole property of Nestea Shops and its licensors. The service is covered by copyright, trademark, and other international laws. Without the previous written approval of Nestea Shops, you are not permitted to use our trademarks in connection with any goods or services.

12. Copyright Policy

We honor other people’s rights to their intellectual property. It is standard procedure for us to address any allegations that any of the Content submitted on the Service violates the copyrights or other intellectual property rights (“Infringement”) of any individual or legal organization. Please send your claim through email to contactus@nesteashopcom. with the subject line “Copyright Infringement Claim” if you are the owner of the copyright to the work or are authorized to act on their behalf.”Copyright Infringement” and give a thorough explanation of the alleged Infringement in your claim as explained below under “DMCA Notice and Procedure for Copyright Infringement Claims.” If any Content found on or via the Service is claimed to have violated your copyright in a false or malicious manner, you could be held liable for damages (including court expenses and lawyers’ fees).

13. DMCA Notice and Procedure for Copyright Infringement Claims

The following information must be sent to our Copyright Agent in writing in order to submit a notification under the Digital Millennium Copyright Act (DMCA) (17 U.S.C. 512(c)(3) for more details):
13.1. The physical or digital signature of the representative of the party holding the copyright interest;
13.2 a description of the allegedly infringing copyrighted work, along with a copy of the work or the URL (i.e., web page address) of the location where it is located;

13.3: Provide the URL or another precise location on the Service where the allegedly infringing content is located.
13.4 Your home address, contact information, and email address;
13.5. a declaration from you stating that you genuinely believe the disputed use is not permitted by the law, the copyright owner, or their agent;

13.6. a declaration from you, made under oath, stating that the information in your notice is true and accurate and that you are the copyright owner or have the necessary authority to act on their behalf.
Email our copyright agent at contactus@nesteashop.com. in to get in touch with them.

14. Error Reporting and Feedback

You can send us information and feedback regarding mistakes, ideas, concerns, complaints, and other issues relating to our Service (“Feedback”) directly at contactus@nesteashop.com. in or via third-party websites and platforms. You understand and agree that (i) the Company may have development concepts similar to the Feedback; and (ii) you shall not maintain, acquire, or assert any intellectual property rights or other right, title, or interest in or to the Feedback. The Company is not under any responsibility of secrecy with regard to the Feedback, (iii) and the Feedback does not contain any proprietary or sensitive information from you or any other person. You hereby grant the Company and its affiliates an exclusive, transferable, irrevocable, free of charge, unlimited right to use (including copy, modify, create derivative works, publish, distribute, and commercialize) the Feedback in any way and for any purpose, in the event that the transfer of the ownership to the Feedback is not permitted due to applicable mandatory laws.

15. Links To Other Web Sites

Links to third-party websites or services that are not under the control of Nestea Shops may be present on our service. The content, privacy policies, or practices of any third-party websites or services are outside the control of Nestea Shops, which also disclaims any liability in connection therewith. We do not guarantee the products or services offered by any of these organizations, people, or websites. For instance, the Terms of Use were produced using PolicyMaker.io, a free online tool for producing professional legal documents. A great free tool for developing a standard Terms of Service template for a website, blog, e-commerce store, or app is PolicyMaker’s Terms and Conditions generator. You acknowledge and agree that Company shall not be held responsible or liable, directly or indirectly, for any injury or damage of any kind resulting from or alleged to result from the use of, or reliance on, any such content, goods, or services made available on or through any such third party web sites or services. Read the terms of service and privacy policies of any third-party websites or services you visit, as we highly advise you to do.

16. Disclaimer Of Warranty

The company offers these services “as is” and “as available” only. The business gives no express or implied guarantees or representations as to the functionality of its services or the accuracy or reliability of any information, content, or materials included therein. You explicitly acknowledge and accept that the use of our services, their contents, and any products or services you purchase from us is done at your own risk. No warranty or representation is made about the correctness, completeness, security, reliability, quality, or availability of the services by the company or anyone connected to it. Without limiting the aforementioned, neither the company nor any of its affiliates represent or warrant that the services, their content, or any services or items obtained through the services will be precise, dependable, error-free, or uninterrupted, that defects will be fixed, that the services or the server that makes them available are free of viruses or other harmful components, or that the services or any services or items obtained through the services will o Including but not limited to any implied warranties of merchantability, non-infringement, and fitness for a specific purpose, the Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise. The aforementioned does not impact any warranties that, in accordance with current law, cannot be excluded or limited.

17. Limitation Of Liability

Except where prohibited by law, you agree to hold us and our officers, directors, employees, and agents harmless from any indirect, punitive, special, incidental, or consequential damages, regardless of how they arise (including, without limitation, attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, regardless of whether litigation or arbitration is instituted), whether in a contract dispute, negligence claim, or another tort claim, or resulting from or related to (a) any breach the company is found to be liable, it will only be for the cost of the goods and/or services provided, unless forbidden by law. There will never be any compensatory or punitive damages. The previous limitation or exclusion may not apply to you because some states do not provide the exclusion or limitation of punitive, incidental, or consequential damages.

18. Termination

In our sole discretion, we reserve the right to immediately suspend or terminate your account and block access to the Service for any reason, including but not limited to a violation of the Terms, without giving you any notice or incurring any liability. You can simply stop using the Service if you want to close your account. The ownership clauses, warranty disclaimers, indemnification clauses, and liability limitations are just a few examples of clauses in the Terms that must survive termination by nature.

19. Governing Law

These Terms shall be governed by and construed in accordance with Indian law, which governing law shall apply to this Agreement without giving effect to any principles of conflicts of law. No right or provision of these Terms will be deemed to have been waived by us if we fail to enforce it. The remainder of these Terms will still apply if a court rules any term of these Terms to be void or unenforceable. All past agreements we may have had between us respecting our Service are superseded and replaced by these Terms, which also subject us to the sole and exclusive jurisdiction of the courts in Patna.

20. Changes To Service

We reserve the right, at our sole discretion, to discontinue or change our Service, as well as any service or content we make available through the Service, without prior notice. If for any reason all or a portion of the Service is unavailable at any time or for any length of time, we shall not be held responsible. We may occasionally limit users, including registered users, access to specific portions or the entire Service.

21. Amendments To Terms

By publishing the updated terms on this website, we are free to change the Terms at any moment. It is your duty to periodically review these Terms. If you use the Platform after the updated Terms have been posted, it signifies that you accept and agree to the modifications. You should periodically check this page for updates because they are legally binding on you. You agree to be bound by the updated terms if you access or use our service after such amendments take effect. You are no longer permitted to use the Service if you disagree with the revised terms.

22. Waiver And Severability

Any waiver by the Company of a term or condition specified in the Terms shall not be deemed a further or continuing waiver of such term or condition or of any other term or condition, and the Company’s failure to assert a right or provision under the Terms shall not be deemed a waiver of such right or provision. Any provision of the Terms that is determined to be invalid, unlawful, or otherwise unenforceable by a court or other tribunal of competent jurisdiction must be removed or modified to the smallest extent necessary so that the remaining sections of the Terms shall remain in full force and effect.

23. Acknowledgement

You confirm that you have read these terms of service and agree to abide by them by using the service or any other services we provide.

24. Contact Us

Email requests for technical help, criticisms, and other feedback should be sent to contactus@nesteashop.com. in.

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