TERMS AND CONDITIONS
LAST REVISION: [01.01.2023]
OVERVIEW
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This website, www.necessite.in, is operated by Necessite trading as “Necessite.” Necessite offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. Throughout the site, the terms “we,” “us,” and “our” refer to Necessite. These Terms of Use govern your use of our Site and your conduct, regardless of the means of access.
The site is only to be used for your personal non-commercial use and information. Your use of the services and features of the Site shall be governed by these Terms and Conditions along with the Privacy Policy, Shipping and Handling Policy and Cancellation Policy, Refund, and Return Policy as modified and amended from time to time.
Please read these Terms of Service carefully before accessing or using our website. By visiting our site and/ or purchasing something from us, you engage in our “Service.” You agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all site users, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
If you do not agree to this agreement's terms and conditions (including any referenced policies or guidelines), you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. We will alert you that changes or revisions have been made by indicating the date it was last revised on the top of this Agreement. The changed or revised Agreement will be effective immediately after it is posted on this Website.
It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes or a revised Agreement constitutes acceptance of those changes, whether you have read the same or not. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Necessite for other products or services.
SECTION 1 - USER ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. If any minor desirous of using or transacting on Website, is required to conduct such transaction through their legal guardian or parents, and the latter will be liable for the action performed by the minor.
You shall be responsible for maintaining the confidentiality of your Account and Password and all activities that occur through your Account and Password. You agree to immediately notify Necessite of any unauthorized use/breach of your password or account at necessitestudio@gmail.com. A breach or violation of any of the Terms will result in immediate termination, suspension, or termination or block access of your Services without any notification.
You may not use our products for any illegal or unauthorized, or commercial purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
SECTION 2 - PRIVACY
Necessite believes strongly in protecting user privacy. Please refer to the Necessite privacy policy, incorporated by reference herein, posted on the Website. We reserve the right to update, change or replace any part of the Privacy Policy by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
Necessite strives to be as precise as possible. However, We are not responsible if information made available on this site is not accurate, complete, current, reliable, or error-free, including pricing and stock availability. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law.
The material on this site is provided for general information only. It should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display the colors and images of our products that appear at the store as accurately as possible. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right but are not obligated to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.
We do not take responsibility for any side effects caused due to manufacturing. The manufacturer himself is liable for such side effects.
SECTION 6 - RECOMMENDATION OF THE PRODUCT
All the products featured on our website or recommended do not imply the promotion of such products in any manner. All the details, descriptions, and recommendations delivered to our website are sole to provide information.
SECTION 7 - REFUNDS & RETURNS AND CANCELLATIONS
Returns, Refunds, and Cancellation of orders at Necessite are governed by our Return & Refund Policy and Cancellation Policy. Please click here to view our
SECTION 8 - MODE OF PAYMENT
The following modes of payment are available for purchase on our website: Cash on Delivery (CoD), Visa (Debit card/ Credit Card), Master Card (Debit card/ Credit Card).
SECTION 9 - SHIPPING AND HANDLING
Click here to refer to our Shipping and Handling Policy.
SECTION 10 - USER CONTENT
If you send certain specific submissions or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or storing, or transmitting otherwise (collectively, 'comments') any content on the Website, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us and hereby grant Necessite a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world.. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead third-parties as to the origin of any comments or us. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 11 - INTELLECTUAL PROPERTY RIGHTS
All the content of the website, including the name ‘Necessite’ and any display, graphics, images, pictures, button icons, logos, domains, designs, page headers, text, audio, video, and other material whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, is the property of Necessite. Necessite reserves the right to enforce its intellectual property rights to the fullest extent of the law.
All other trademarks, product names, service marks, logos, and company names or logos cited herein are the property of their respective owners.
By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your personal, noncommercial use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Necessite.
You acknowledge that your use of the content on this Website is for personal, non-commercial use. To the extent that Necessite does create the content on this Website, such content is protected by the intellectual property laws of India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws.
SECTION 12 - THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us and do not imply its association, promotion, and recommendation by Necessite. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant it. We will not have any liability or responsibility for any third-party materials or websites or any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third-party's policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 13 – LICENSE
By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Necessite or the applicable third party (if third-party content is at issue).
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Necessite and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand or liabilities or damages or losses or costs and expenses, including reasonable attorneys’ fees, made by any third party due to or penalty imposed due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference including infringement of Intellectual Property Rights, or your violation of any law or the rights of a third-party. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results obtained from the use of the service will be accurate or reliable.
You agree that from time to time, we may remove the service for indefinite periods or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Necessite, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or Necessite. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
Failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed following the laws of India. The place of jurisdiction shall be exclusively in Jaipur, Rajasthan, INDIA.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
At our sole discretion, we reserve the right to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes, whether you have read the same or not.
We will alert you that changes or revisions have been made by indicating the date it was last revised on the top of this Agreement. The changed or revised Agreement will be effective immediately after it is posted on this Website.
SECTION 20 – GENERAL
Necessite may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products. We reserve the right to refuse service to anyone for any reason at any time.
This Agreement comprises the entire agreement between you and Necessite and supersedes any prior agreements pertaining to the subject matter contained herein.
The failure of Necessite to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You understand that your content (not including credit card information) may be transferred unencrypted. You involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access the Service or any contact on the website through which the service is provided without express written permission us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 21 - JURISDICTIONAL ISSUES or SALE IN INDIA ONLY
Necessite makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. Necessite may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you. You may not assign your rights and obligations under this Agreement to anyone.
SECTION 22 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at necessitestudio@gmail.com.