Terms and Conditions

1.1 This Terms of Use is an electronic contract and does not require any physical, electronic or digital signature.

1.2 This Terms of Use located at the website www.niiyaa.com (“Platform”) is a legally binding agreement between Niiyaa Designs Private Limited ("Niiyaa" / the "Company" or "we" or "us" or "our") and the guest users or registered users of the Platform (shall hereinafter be referred to as "you" or "your" or "yourself" or the "User").

1.3 The Terms of Use provides the terms and conditions on which Niiyaa offers you the access to the Platform for use, purchase of any product or services therein and such other services as are incidental and ancillary thereto (“Services”).

1.4 The Terms of Use, the Privacy Policy, returns/ cancellations policies and any other applicable polices (the “Policies”), as updated from time to time, govern your access and use of our Platform and Services. This Terms of Use and the Policies are legally binding documents between the users and Niiyaa. This Terms of Use will be effective upon your acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will govern the relationship and transactions between the users and Niiyaa for the access or use of the Services offered through the Platform

1.5 Please read the terms and conditions of the Terms of Use fully before using or registering on the Platform or accessing any material, information or availing Services through the Platform. By downloading, installing, or otherwise accessing or using our Platform or Services (whether in whole or in part), you agree that you have read, understood, and agree to be bound by the Terms of Use. By agreeing to the Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use our Services.

1.6 Upon your consenting to the Terms of Use and the Policies of the Company (which are incorporated by reference into this Terms of Use), the Niiyaa hereby grants you a limited, personal, revocable, non-assignable and non-exclusive license to use our Services. This license is for the sole purpose of enabling you to use the Services in the manner expressly permitted by this Terms of Use and the Policies.

1.7 If you do not agree with the Terms of Use or any other Policies, please do not use the Platform or avail any Services being offered therein. Niiyaa reserves the right to change the terms and conditions of this Terms of Use or other Policies from time to time. The users agree that the amended terms and conditions of this Terms of Use shall be effective and binding on the on the date posted on the Platform.

2.1 It is your responsibility to ensure that the details provided by you are accurate and treat such information as confidential. Based on the information provided by you to us, you may be provided with a login identification (such as a username and password, or a guest identification or any other identifier). You are solely responsible for all activities that occur under your login identification and must notify us immediately of any unauthorized use or other security breach relating to your login identification.

2.2 We reserve the right to block, disable or delete any login identification, at any time, if in our opinion, you have failed to comply with any of the provisions of the Terms of Use or any other Policies, or if any details you provide for the purposes of registering as a user of the Services prove to be false or a misrepresentation.

2.3 You consent to any collection, use or disclosure of personal information or personally identifiable data required to provide you with access to the Services or to deliver the Services to you, as per the Privacy Policy

2.4 You agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically, to facilitate the provision of software updates, product support, and other services to you (if any). We may use this information as per the Privacy Policy, including without limitation to improve our products or services or technologies.

2.5 The operation of our Services includes periodic delivery to you of offers, coupons or other information that may be of interest to you based on your stated preferences or your location.

2.6 The user is responsible for providing and maintaining current email, mobile phone, residential address (current/ temporary and permanent), and other account information with Niiyaa. The user further warrants that information provided to Niiyaa shall be correct and is bound to inform to Niiyaa promptly, if any change occurs in the information provided earlier including but not limited to mobile phone number, residential address, etc.

2.7 Niiyaa may immediately suspend or terminate the use of its Services by any user for violation of any of the terms and conditions of the Terms of Use or any of the Policies. Upon suspension or termination, any existing booking of the user may be cancelled by Niiyaa at its sole discretion. In addition, the users will be absolutely responsible for any and all, losses, damages (direct/ indirect), costs, charges, fees and expenses incurred by Niiyaa, as a result of such breach of any of the terms and conditions of the Terms of Use and the users shall be required to fully indemnify Niiyaa. Further, the users agree that Niiyaa reserves the right to pursue remedial action to recover the losses/ damage suffered by Niiyaa, and further agrees that the remedial action pursued shall not constitute any amount of force or coercion.

2.8 Niiyaa expressly asserts that its Services are not solicited nor intend to be solicited to people under the age of 16 or under the age of consent, whichever is higher.

3.1 You should take all responsibility for your own actions in utilizing the products and Services and the Platforms in relation to the Services availed or products purchased by you, and Niiyaa shall not be liable for any such action or consequence thereof.

3.2 Niiyaa seeks to provide accurate information relating to products and Services including description of the products and its pricing, but typographical and other errors may occur. In the event of any inaccurate description or incorrect pricing due to such errors, Niiyaa will have the right to modify the price of the product or Services and contact you for further instructions on your registered email address, or cancel the order and notify you of such cancellation.

3.3 Any products and materials and all Services are for your personal use and consumption, and they shall not be resold to anyone else.

3.4 Most of Niiyaa’s products are made of natural materials, which will have natural differences and the occasional minor blemishes. The colour and finish may have slight variations from the products displayed on the Platforms depending on the batch of the products and production conditions. Further, any artwork or designs on the products are handmade and these will be subject to certain variations in colours and styles. The colours of the products displayed on the Platform may not fully match with the actual products and you acknowledge that such images on the Platform are only representative in nature with respect to the actual products. You acknowledge that such minor variations are completely normal, and in keeping with industry standards for products of such nature.

3.5 The procurement of the products from the Platform are subject to availability of the products and Niiyaa's fees and returns policy available on the Platform. In particular, Niiyaa shall not be liable in case of stock outage or unavailability of products. Niiyaa reserves the right to change the products offered for sale on the Platform at any time and without notice. Details about the availability of products are provided when you place your order. At times, errors may exist, especially in case of simultaneous orders of the same product by several customers. In case a product is not available after you have placed your order, we will inform you by email as soon as possible. You will be invited to choose another available product on the Platform as substitution for the unavailable product or to cancel your order. If you cancel your order, you will be refunded if your credit card or debit card has been charged.

3.6 We do not guarantee that the price will be the lowest for similar products within any given locality, city, region or geography. Prices and availability are subject to constant change without notice. Niiyaa reserves the right to modify the prices of products offered on the Platform at any time without prior notice. You will be charged the prices displayed on the Platform at the time your order was confirmed provided the product ordered is available. Niiyaa reserves the right to reject or to cancel your order if the products are not available, are incorrectly priced or are otherwise incorrectly described.

3.7 All the payments will require to be prepaid by the users for the purchase of any products on the Platform, and payment is due immediately upon confirmation of the orders. The Platform has various payment options, which can be utilised by the users. These are third-party payment gateways, however, to the best of our knowledge, provide industry-standard security for facilitating payments.

3.8 Unless otherwise specified, all prices of Niiyaa products on the Platform are indicated in US dollars, and excludes applicable taxes and shipping costs, which will be specified in your checkout process.

3.9 Any cancellations and refunds shall be undertaken by Niiyaa in accordance fees and returns policy available on the Platform.

4.1 Niiyaa captures, stores, processes and uses the user's personal data, including, but not limited to, name, email address, internet protocol address, and any other data as they relate to the users, to the extent this is necessary for the administration and implementation of this Terms of Use and provide the Services.

4.2 Niiyaa shall implement and maintain reasonable procedures for protecting personal data and information as per its Privacy Policy.

5.1 We do not guarantee, represent or warrant in any manner that your use of our Services will be uninterrupted, timely, secure or error-free.

5.2 We do not warrant in any manner that the results that may be obtained from the use of the Services will be accurate or reliable or effective in nature. You understand and accept that the reliance on the Services is solely at your own judgment and risk. Our liability is limited to refund of the product charges, subject to Niiyaa's fees and returns policy.

5.3 You agree that, from time to time, we may suspend, modify, restrict or remove our Services for uncertain or indefinite periods of time or cancel the Services at any time, without notice to you.

5.4 You expressly agree that your use of, or inability to use, the Services are at your sole risk. The Services delivered to you are (except as expressly stated by us) provided on an '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 the Services, fitness for a particular purpose, durability and non-infringement.

5.5 You acknowledge that third-party links on our Platform or Services may direct you to third-party sites or pages or applications that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such sites or pages or applications, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites or pages or applications, or for any other data, information, products or services of any third-parties.

5.6 We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools 'as is' and 'as available' without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Platform is entirely at your own risk and discretion; and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

6.1 All the copyrights, trademarks and other intellectual property on the Platform are the exclusive property of Niiyaa, and will not in any circumstances be used, or copied, or altered in any manner without being specifically authorized in writing by Niiyaa

6.2 In particular, the users agree and acknowledge that Niiyaa has customized content and customized write-up with respect to the products and Services available on the Platform. Niiyaa states that these contents and the write-up are the exclusive property of Niiyaa, and Niiyaa has the copyright and all other rights with respect thereto. The users shall not copy, use or appropriate the content or the content write-up in any manner, without being specifically authorized in writing by Niiyaa.

6.3 Further, these Terms of Use only provide a non-exclusive, limited, revocable, non-transferable access to view details of the products and Services on the Platforms, and such access and use are solely for personal, informational, and internal purposes of the users. You shall not modify or alter catalogues of Products or any other materials available on the Platforms, and you shall not remove or edit any text, copyright or other proprietary notices contained in the catalogues of products and Services or any other materials available on the Platform.

6.4 Any rights granted to the users are not applicable to the design, layout or look and feel of the products, Services or the Platform. Such details constitute intellectual property rights of Niiyaa and shall not be copied or imitated in whole or in part.

6.5 The word “Niiyaa” is our trademark, and we have full right and license to use the trademark in the manner we deem fit. Further, Niiyaa has the right to use the names of the brands with respect to the products being sold on the Platform.

6.6 Sbject to the Privacy Policy, all data and information derived as a result of the Services provided on the Platform will be owned by Niiyaa, and Niiyaa shall have the right to utilise such data and information in a manner we deem fit.

7.1 You agree to indemnify, defend and hold harmless Niiyaa, our subsidiaries, affiliates, partners, officers, directors, agents, licensors, service providers, subcontractors, suppliers, interns and employees, from any losses, injuries, claims, demands, proceedings, penalties, interests, costs and expenses, including attorneys’ fees, by virture of breach of any representations or obligations or covenants made by you under these Terms or any policies of Niiyaa, or claims made by any third-party due to or arising out of your breach of these Terms of Use or the policies of Niiyaa or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

7.2 The indemnification rights of Niiyaa shall be in addition to any rights that may be available to Niiyaa under applicable law (including injunctions and specific performance reliefs), none of which shall be affected in any manner whatsoever.

7.3 In no case shall Niiyaa, our subsidiaries, affiliates, partners, officers, directors, agents, licensors, service providers, subcontractors, suppliers, interns and employees 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 Services or any products or services procured using the Services, or for any other claim related in any manner to your use of the Services, 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 Services or any content (or product) posted, transmitted, or otherwise made available via the Services or on the Platform, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability, in such states or jurisdictions, our total liability (including towards consequential or incidental damages or punitive damages or loss of profits) shall be limited to the amount paid by you towards the products or Services, or US$ 100, whichever is lower.

8.1 If any term, provision, covenant or condition of this Terms of Use is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if this Terms of Use had been executed with the invalid portion eliminated.

8.2 The user acknowledges and represents that he or she has not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set out in this Terms of Use and other Policies.

9.1 The rights granted to the user under this Terms of Use are not assignable or transferable, in whole or part, and is personal to the user. Niiyaa reserves the right and can at its absolute discretion can assign the rights and obligations under this Terms of Use (or any part thereof) to an affiliate or to another entity in connection with a corporate transaction, assignment process, any other commercial arrangement or otherwise.

10.1 You agree that Niiyaa may, in its sole discretion and without prior notice, terminate your access to the Platform and block your future access to the Platform if Niiyaa determines that you have violated the terms and conditions of this Terms of Use any other Policy(s) of the Platform. These remedies are in addition to any other remedies which Niiyaa may have at law or in equity.

10.2 In addition to Clause 9.1 above, Niiyaa may, at any time, with or without notice, terminate these terms of the Terms of Use with you if:
Niiyaa is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;
The provision of the Services to you by Niiyaa is, in Niiyaa's sole discretion, no longer commercially viable; Niiyaa has elected to discontinue, with or without reason, access to the Platform, the Services (or any part thereof); or
In the event Niiyaa faces any unexpected technical issues or problems that prevent the Platform and/ or Services from working.

10.3 Niiyaa may also terminate or suspend all or a portion of your account or access to the Services with or without reason. Termination of your account may include:
removal of access to all offerings within the Platform or with respect to the Services; disabling access to the account Information, including your personal information, login ID and password, and all related information, files and materials associated with or inside your account (or any part thereof), and any user content uploaded by you; and prohibiting further use of the Services.

10.4 You agree that all termination shall be made at Niiyaa's sole discretion and that Niiyaa shall not be liable to you or any third party for any termination of your account (and accompanying deletion of your account information), or your access to the Platform and Services.

11.1 If performance of any Service or obligation under the terms and conditions of this Terms of Use or any other provisions of the Policies, or other third parties in fulfilment of transaction (for e.g. deliveries, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable commercial control of Niiyaa or its third parties performing such services as sub-contractor or agent to Niiyaa and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then Niiyaa shall be excused from such performance to the extent of and during the period of such Force Majeure Event. Niiyaa shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.

12.1 When you use the Platform or send emails or other data, information or communication to Niiyaa, You agree and understand that you are communicating with Niiyaa through electronic records and you consent to receive communications via electronic records from Niiyaa periodically and as and when required.

12.2 Niiyaa will communicate with you by email or by notices on the Platform or electronic records on the Platform or on your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.

13.1 You agree and accept that, any creative ideas, suggestions, proposals, plans, feedback or other materials, whether online by email, postal mail or otherwise (“Feedback”), you provide to Niiyaa shall be deemed to be non-confidential and further Niiyaa reserves the right to use such information without any restriction to edit, copy, publish, distribute, translate and otherwise use in any medium any Feedback that you provide.

13.2 Niiyaa may, but shall have no obligation to, respond, monitor, edit or remove any Feedback appearing on the Platform that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or this Terms of Use.

13.3 Further, by submitting the Feedback, you represent and warrant that:

(a) Your Feedback does not contain confidential or proprietary information of anybody including you and third parties. You further agree that your Feedback 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 Services or the Platform.

(b) You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and their accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

(c) Niiyaa is not under any obligation of confidentiality, express or implied, with respect to the Feedback;

(d) You are not entitled to any compensation or reimbursement of any kind from Niiyaa for the Feedback under any circumstances.

13.4 For the sake of clarity, Niiyaa may at its discretion, make any modifications or changes to the Platform, the content therein and/ or Services on the basis of such feedback, however Niiyaa shall not be obliged to do so. Further, in the event that Niiyaa makes any changes or modifications to the Platform, the content therein and/ or Services on the basis of any such Feedback, you shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Platform, the content therein and/ or Services.

13.5 You hereby waive all rights under applicable law in relation to any changes or modifications to the Platform, the content therein and/ or Services.

14.1 Questions about the Terms of Use should be sent to us at or at .