Your Use Generally
Your use of the Website confirms your acceptance of these Terms and Conditions and your agreement to be bound by them. If you do not accept these Terms and Conditions, do not use this Website. In the event of a violation of these Terms and Conditions, The Organic Nerd reserves the right to seek all remedies available by law and in equity. We may terminate your access or use of this Website at any time, for any reason, or no reason, and without prior notice to you. We may revise these Terms and Conditions at any time without notice by updating this posting. You should visit this page from time to time to review these Terms and Conditions to learn of and understand any changes, because they are binding on you. Your use of this Website following any such revisions constitutes your agreement to follow and be bound by the terms as revised.
Ownership of Content
The design of this Website and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, designs, video, audio, and written and other materials that appear as part of this Website. Collectively, "Content" is protected by INDIAN copyright laws. All Content is provided by THE ORGANIC NERD under a limited license as a service to its current and prospective customers and may be used only for personal (that is, for the purchase of our merchandise) use. This limited license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, allow others to copy, or otherwise exploit this Website, any of the Contents, or any related software; and (b) you may not access or use the Website for any competitive or commercial purpose. Any unauthorized copying, alteration, distribution, transmission, performance, display, sale, or other use of the Content is prohibited. THE ORGANIC NERD may revoke this limited license at any time for any or no reason. Any unauthorized use of THE ORGANIC NERD Content, such as framing, in line linking or other association with content or information not originating from the THE ORGANIC NERD Website is not permitted. Linking to any THE ORGANIC NERD web page also is prohibited. THE ORGANIC NERD will fully and aggressively enforce its intellectual property rights of the law.
At THE ORGANIC NERD, we take pride in our brand and do not condone and will not tolerate any unauthorized use of our trademarks, trade names, logos, names and trade dress (collectively, the 'Trademarks and Trade Dress'). THE ORGANIC NERD and its affiliated companies retain all rights regarding the Trademarks and Trade Dress. The Trademarks and Trade Dress are protected by Canada and state trademark laws and international laws and treaties. No license for the use of the Trademarks or Trade Dress is granted to you under these Terms and Conditions or by your use of the Website. Unauthorized use of our Trademarks and Trade Dress in any manner is strictly prohibited.
One or more patents may apply to this Website.
All features, specifications, products and prices of products and services described on this Website are subject to change at any time without notice. From time to time there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on this Website. We reserve the right to make changes to information about price, description, or availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer. We have made every effort to display as accurately as possible the colours of our products that appear on the Website; however, the actual colour you see will depend on your device, and we cannot guarantee that your device will accurately display our colours. The inclusion of any products or services on this Website does not imply or warrant that these products or services will be available over the internet at any particular time.
Comments and other Communications
User Generated Content
The Website may permit you to voluntarily upload and/or post content ("User-Generated Content"), including photographs, videos, comments or other material. If you post comments or other text, you confirm that you are at least 14 years old or have your parent/guardian’s permission; if you post photographs or videos, you confirm you are at least 18 years old or have your parent/guardian’s permission; and by posting any User-Generated Content, you agree to the following terms:
(a) Posting such User-Generated Content constitutes your consent and grant to KNNOTCASE of an irrevocable, non-exclusive, perpetual, worldwide, royalty-free, unrestricted, and unlimited right and permission, but not the obligation, to utilize, reproduce, exploit, alter, edit, modify, distribute, publish, exhibit, digitize, broadcast, display, publicly perform, and prepare derivative works of the User-Generated Content, your name, likeness, voice and biographical information, and any material based thereon or derived there from, in any form or media now or hereafter known for any and all purposes throughout the World whatsoever, including, without limitation, advertising, marketing or commercial purposes, without any payment to or further authorization by you.
(b) You waive any right to inspect or approve any material in which THE ORGANIC NERD may eventually use your User-Generated Content and understand that THE ORGANIC NERD may crop, shape, or otherwise adjust any User-Generated Content.
(c) You represent and warrant that the User-Generated Content will not violate the intellectual property or proprietary rights of any third party and are legally entitled to post the User-Generated Content and to grant all relevant licenses and permissions to use the User-Generated Content as contemplated herein.
(d) You agree not to take any legal action against, and release and discharge THE ORGANIC NERD and its directors, officers, employees, agents and affiliates, or any other person or entity acting on its behalf, from all claims in connection with the use of the User-Generated Content, your name, likeness, voice or biographical information, as contemplated herein.
(e) You understand and agree that such User-Generated Content may be accessed and viewed by others, including by the general public, and, whether or not such User-Generated Content is published, THE ORGANIC NERD does not guarantee any confidentiality with respect to any User-Generated Content. You are solely responsible for your own User-Generated Content and the consequences of their publication on this Website or elsewhere (assuming we choose to post them once submitted). We reserve the right to determine in our sole discretion whether User-Generated Content is appropriate; whether it complies with these Terms and Conditions, our standards, and applicable law; and whether they may be posted or removed.
You may request removal of any of your User-Generated Content on this Website by sending a removal request email to email@example.com the email address provided when you submitted your User-Generated Content; your email must include a link to the URL of the page on which your User-Generated Content is posted or a description of the page on which it is posted.
Prohibited Uses of Website
You shall not post, transmit, redistribute, upload, or promote any communications, User-Generated Content or materials that contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another's device; are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; contain chain letters or pyramid schemes; contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; impersonate any person, business or entity, including us (our brands, lines of business, subsidiaries, and affiliated companies) and our employees and agents; encourage conduct that would constitute a criminal offence; give rise to civil liability; violate any law; or exhibit any conduct that, in our judgment, restricts, impairs, interferes or inhibits any other user from using or enjoying the Website and/or our related services and products.
You may choose to register with us through our Website and create an account (the 'Account'). If you do, you will have access to your Account by providing an email address and password. You are responsible for maintaining the confidentiality of your access information and for controlling access to your Account and your device. You agree to accept responsibility for all activities that occur under your Account. We may terminate your Account at any time, for any reason or no reason and without prior notice to you.
The Organic Nerd’s strives to provide accurate product and pricing information, however errors may occur.
THE ORGANIC NERD cannot confirm the price of the product until you make the order. Without limiting the generality of Clause 8 (Cancellations, Refunds and Returns) below, if a product / service is listed at an incorrect price or with incorrect information due to any technical error, THE ORGANIC NERD shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product/ service, unless the product has already been delivered or the service has already been availed by you. In the event that an item is wrongly priced, THE ORGANIC NERD may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been delivered and the services are availed, your offer will not be deemed accepted and THE ORGANIC NERD will have the right to modify the price of the product/ service and contact you for further instructions using the e-mail address provided by you during the time of registration or placing of order, or cancel the order and notify you of such cancellation. In the event that THE ORGANIC NERD accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to THE ORGANIC NERD’s dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed to your credit / debit card account.
PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES PROVIDED OR OFFERED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT THE SOLE DISCRETION OF THE ORGANIC NERD may revise and cease to make available any product/ services at anytime. In the event, THE ORGANIC NERD is unable to deliver the product to you on time or at all, you will be notified by an e-mail and your order will be automatically cancelled due to unavailability of the product or at your instructions due to failure to deliver the product on the expected time of delivery by our delivery partners. THE ORGANIC NERD shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.
Links may be established from this Website to one or more external websites or resources operated by third parties (the "Third Party Sites"). In addition, certain Third Party Sites also may provide links to the Website. None of such links should be deemed to imply that THE ORGANIC NERD endorses the Third Party Sites or any content therein. THE ORGANIC NERD does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and THE ORGANIC NERD will have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.
This Website and all Content of the Website is provided to our customers and prospective customers "AS IS" and "AS AVAILABLE" and without warranties of any kind, whether express or implied, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. You acknowledge, by your use of the Website, that your use is at your sole risk. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you.
Limitation of Liability
IN NO EVENT WILL THE ORGANIC NERD BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS WEBSITE OR ANY OTHER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF THE ORGANIC NERD IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.
No implication is made that the materials published on this Website are appropriate for use outside of the India. If you access this Website from outside of the India, you do soon your own initiative and you are responsible for compliance with local laws. THE ORGANIC NERD controls this Website from its offices within the Province of India. The Terms and Conditions of this Website shall be governed by the laws of the Province of India, without regard to conflict of law principles.