This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under, as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signature(s).

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of “www.noapology.in” (“Website”).

Welcome to “No Apology” (herein referred as “Brand” or “Website” or “Application”). This Brand/Company/Website/Application is owned and operated by NIAM International Private Limited(herein referred as “Company”),a company (since 2002) incorporated under the provisions of the Companies Act, 1956 with its registered office at 3,Taimoor Nagar, New Friends Colony, New Delhi-110065. 

Use of This Website

You may be accessing our Website from a mobile phone device, computer, tablet or any other such device and these Terms & Conditions govern your use of our Website “www.noapology.in” and your conduct, regardless of the means of access across all devices. The Website is only to be used for your personal non-commercial use and information. We aim to create an online experience that is just as indulgent as the process of engaging & buying. Your use of the contents and services available on this Website are subject to the following Terms and Conditions along with the Privacy Policy(regarding your personal information provided by you), Payment Policy, Shipping Policy and Cancellation, Refund and Return Policy and other policies which you may find throughout our Website in connection with certain functionality, features or promotions as well as customer services, all of which are deemed a part of and included within these Terms and Conditions (collectively, “Terms and Conditions”) Delhi, India

Health Disclaimer

Any or all the statements on this Website or any materials or supplements distributed or sold by “www.noapology.in has not been evaluated by the Food and Drug Administration (FDA). These product(s) are not intended to diagnose, treat, cure or prevent any disease. Though enormous efforts are made and precautions taken to render the product(s) absolutely safe for human use, however the results on all product(s) are not typical and not everyone will experience these results. It is possible that certain ingredient(s) may cause allergic reactions to certain individuals or adversely affect individuals with pre-existing medical Conditions. Please make yourself aware of the ingredients and usage instructions of our product(s) to make sure that they are safe for you to use. It will be your sole responsibility to take proper precaution/ professional medical/ dermatological advice before using any of our personal care product(s) that you may be allergic to. You agree that “www.noapology.in” will not be responsible or liable for any product(s) related issues including without limitation any allergic reactions to you on account of usage of our product(s).

 

Terms of Service

These Terms of Service is a legally binding agreement, which is made by and between “No Apology” (“we” or “us”) and wherever the context so requires “You” personally and if applicable, on behalf of the entity for whom you are using this Website (collectively, “You” or “User) shall mean any natural or legal person who has agreed to access our Website. This Terms of Service governs your use of the “www.noapology.in” (“Website”) and the services we offer on the Website (“Services”), By accessing, browsing or using any part of the Website or placing an order, you are acknowledging that you have read, understood, and you agree, without limitation or qualification, to be bound by the Terms and Conditions in this Agreement and the Polices, so please read this agreement carefully before proceeding and print a copy for future reference. If you do not agree to any of the terms specified in the Terms of Service or the Policies, please do not use the Website

You are responsible to ensure that your access to this Website and material available on or through it is legal in each jurisdiction, in or through which you access or view the Website or such material.

“No Apology” reserves the right to change the particulars contained in the Terms of Service or the Policies at any time and/or from time to time, and in its sole discretion, without notice to its users. If “No Apology” decides to change the Terms of Service and the Policies, it will post the new version of the same on the Website. Any such change or modification to the Terms of Service and the Policies will be effective immediately from the date of such upload on the Website. Your continued use of the Website following the modifications to the Terms of Service and Policies constitutes your acceptance of the modified Terms and Policies whether or not you have read them. For this reason, you should frequently review these Terms of Service, our Guidelines and Rules and any other applicable Policies, including their dates, to understand the Terms of Service that apply to your use of the Website.

 

For any assistance you may be in touch with us at:

Email: info@noapology.in wecare@noapology.in

Customer Service Phone Number: +919310031306, +919650300198

Eligibility to use

You can use “No Apology” website, product(s) & services subject to the Terms & Conditions specified by us. We reserve the right to continue or terminate your membership and continue or refuse to provide you with access to the Website at our sole discretion. The Website is not available to persons whose membership has been suspended or terminated by us for any reason(s) whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. We make no representation that any product(s) or services referred to or the materials on this Website are appropriate for use or available outside India. Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. At present, we deliver product(s) only within India and will not be liable for any claims relating to any product(s) ordered from outside India. If we receive an order from outside India or to be delivered to outside India under such circumstances we retain the right to accept or reject the order at our sole discretion. We will deliver the product(s) only to countries having open import policy and will not be liable for any claims relating to any product(s) ordered from restricted countries. 

Except where additional Terms and Conditions are provided, these Terms and Conditions towards Eligibility to use supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. 

Product(s), Packaging & Services Information

The product(s) and services described on this Website, and any samples thereof we may provide to you, are for personal use only. Our product(s) are offered in various prices in their specific categories. You can select any of the above options on our order page. You may not sell or resell any of the product(s) or samples or services we may provide. You will not be enrolled in any type of continuity program by ordering from this Website. We reserve the right, with or without notice, to cancel or reduce the quantity of any product(s) or samples or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions. 

All product(s) & services and information displayed on the Website constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the Terms and Conditions of this User Agreement. It shall not be construed as our acceptance of Buyer’s offer to buy the product(s) ordered.

Accuracy of information

Although we attempt to ensure that the information on the Website is complete and as accurate as possible. However, we do not warrant that the product(s) descriptions, packaging, colors, information or other content available on the Website are accurate, complete, reliable, current, or error-free. The information may contain typographical errors, pricing errors, and other errors or inaccuracies. The weights, dimensions and capacities given are approximate only. Sometimes the colors you see will depend on the specifications & resolutions of your mobile/monitor/any other device; we therefore cannot guarantee that your device’s display of any color will accurately reflect the actual color of the product(s) on delivery.

“No Apology” assumes no responsibility for such errors and omissions, negligence or any other actions, whether on behalf of itself or third parties. “No Apology” is in no manner responsible for any manufacturer’s defects. The manufacturer of the product(s) or service shall be solely responsible for such defects and consumer complaints.

“No Apology” reserves the right to correct any errors, inaccuracies or omissions , revoke any offer stated on the Website and to make changes to prices, content, promotions, product(s) descriptions or specifications, or other information on the Website.

Ownership of rights

All information displayed, transmitted or carried on the “No Apology” Website is protected by copyright and other intellectual property laws. Copyrights and other intellectual property in respect of the some of the content on the Website may be owned by third parties. This Website is designed, updated and maintained by “No Apology” or its licensors.

Any use of this Website or its contents, including copying or storing it or sharing it in whole or part, other than for your own personal, non-commercial use is prohibited without the explicit permission of “No Apology”

You shall not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available on the Website.

 

Your Account

This Website is directed to be used by adults only. Without limitation, minors are prohibited from becoming Members. We assume that any minor, if at all, accessing our Website is under the supervision of their guardians. “No Apology” or its associates do not knowingly collect information from minors. You will be responsible for maintaining confidentiality of your account, password, and restricting access to your computer/mobile/other devices, and you hereby accept responsibility for all activities that occur under your account and password. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party.

If you are accessing, browsing and using the Website on someone else’s behalf; you represent that you have the authority to bind that person to all the Terms and Conditions herein. In the event that the person refuses to be bound as the principal to the Terms of Service, you agree to accept liability for any harm caused by any wrongful use of the Website resulting from such access or use of the Website.

If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the ‘Contact Information’ provided above. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, or suspend your account without any liability to “No Apology”.

We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms of Service and/or Policies are violated or if we decide, in our sole discretion, that it would be in No Apology’s best interests to do so. You are solely responsible for all content that you upload, post, email or otherwise transmit via the Website. The information provided to us shall be maintained by us in accordance with our Privacy Policy.

User Content

By posting, storing, or transmitting any content on or to the “No Apology” Website, you hereby grant us a perpetual, national & worldwide, non-exclusive, royalty-free, sub-licensable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and sublicense such content in any form, in all media now known or hereinafter created, anywhere in the world. You hereby irrevocably waive any claims based on moral rights or similar theories, if any.
When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the Website, you are entirely responsible for such User Content. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the Website. We do not endorse or control the User Content transmitted or posted on the “No Apology” Website and therefore, we do not guarantee the accuracy, integrity or quality of User Content.

You agree not to engage in or assist or encourage others as well as yourself in transmitting, uploading, posting, e-mailing, hosting, displaying, modifying, publishing, updating or sharing any information or otherwise making available on the Website User Content that :

  • is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, blasphemous, pedophilic, disparaging, relating or encouraging money laundering or gambling hateful, or racially, ethnically or otherwise objectionable; 
  • is known by you to be false, inaccurate or misleading;
  • harm minors in any way;
  • infringes any patent, trademark, trade secret, copyright or other proprietary and/or intellectual property rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam”;
  • belongs to another person and to which you do not have any right to make available under any prevailing law or under contractual or fiduciary relationships;
  • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • violates any law;
  • you were compensated for or granted any consideration by any third party;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with other nations, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

 You further agree not to:

  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
  • intentionally or unintentionally violate any applicable local, state, national or international laws; or 
  • collect or store personally identifiable data about other users;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; 
  • “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way.

Objectionable Content. 

You understand that by using this Website, you may be exposed to User Content that is offensive, indecent or objectionable to you. You are solely responsible for your interactions with other users of the Website and any content that you post. “No Apology” shall in no way be held responsible for examining or evaluating User Content, nor does it assume any responsibility or liability for the User Content. “No Apology” does not endorse or control the User Content transmitted or posted on the Website by you and therefore, accuracy, integrity or quality of User Content is not guaranteed by “No Apology”.

Under no circumstances will “No Apology” be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, emailed or otherwise made available via the Website.

You hereby acknowledge that “No Apology” reserves the right in its sole discretion to refuse to post or remove any User Content and also reserves the right to change, condense, or delete any User Content which we feel is obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable and “No Apology” further reserves the right to refuse service without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.

You hereby waive all rights to any claims against “No Apology” for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content

If you wish to delete your User Content on our Website or in connection with our computer/mobile/other applications, please contact us by email at info@noapology.in and request you to include the following personal information in your deletion request: first name, last name, user name/screen name (if applicable), the email address associated with our Website and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 30 business days to process your deletion request.

Pricing & Payment Information

While “No Apology” makes every effort to provide accurate product(s) and pricing information, however typographical or pricing errors may occur. We cannot confirm the price of the product(s) until & after you order. Without limiting if a product(s) / services are listed at an incorrect price or with incorrect information due to any technical error, your offer will not be deemed accepted and “No Apology” shall have the right, at its sole discretion, to modify the price of the product(s)/ service and contact you for further instructions using your contact details/e-mail address provided by you during the time of registration or placing of the order, or refuse to or cancel any orders placed for that product(s)/ services, unless the product(s) has already been delivered. In the event that an item is wrongly priced, “No Apology” may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation at a later stage. In the event that “No Apology” accepts your order payment too, the same shall be debited to your credit/debit card account or any mode through which the payment was made. The payment may be processed prior to “No Apology” dispatch of the product(s) 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. We shall duly notify you by email that the payment has been processed.

The prices and availability of the product(s) and services offered are subject to change without notice and at the sole discretion of “No Apology”. Our promotional offers/discounts are not Website wide and are limited to selected categories. 

In the event, “No Apology” is unable to deliver the product(s) to you on time or at all, you will be notified by e-mail and your order will be automatically cancelled due to unavailability of the product(s) or at your instructions due to failure to deliver the product(s) on the expected time of delivery by our delivery partners. “No Apology” shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.

Mode of Payment & Financial Details

Payments for the product(s) available on the Website may be made by Credit Cards, Debit Cards, Net Banking, UPI, Google Pay, e-Wallets, e-Gift cards, Cash/Pay on Delivery or reward points. You agree, understand and confirm that the credit/debit card details or other financial details provided by you for availing of services on the Website will be correct and accurate and you shall not use the credit /debit card or financial facility which is not lawfully owned/obtained by you. You also understand that any financial information submitted by you is directly received by our acquiring bank and not taken by us. We will not be liable for any credit/debit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you. We and our associated acquiring bank or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these Terms and Conditions in accordance with applicable laws and to recover the cost of goods, collection charges and lawyers fees from persons using the Website fraudulently.  

Shipping & Dispatch

We strive to dispatch your order at the earliest. However, due to unforeseen circumstances, the dispatch of your order can take up to seven [7] business days. Dispatch of all the product(s) ordered, may or may not happen simultaneously – in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by us and the balance would continue to be on offer to us and we reserve the right to accept or reject your offer in part or in full. In such a case we shall contact you for further instructions using your contact details/e-mail address provided by you during the time of registration or placing of order No act or omission of “No Apology” prior to the actual dispatch of the product(s) (s) ordered will constitute acceptance of your offer.

The standard ground mail service is shipped via our delivery partners. These packages are out the same day for all orders placed before 1 PM Indian Standard Time and the next day for all orders placed after 1 PM Indian Standard Time (Once the order is dispatched. The shipments are not sent out on Saturdays, Sundays, or any Holidays. We do not guarantee arrival dates or times,

“No Apology” is not assuming any liability and shall not be held liable in any manner whatsoever on account of any monetary loss or other damage suffered by the Customer for delays or failure of delivery, interruption, or corruption of any data or other information transmitted in connection with use or operation of the Platform or delays as a result of Product(s) that are out of stock, unavailable or back-ordered.

Customs & Import Duties Information for International Orders

You may be subject to import duties that are levied once the package reaches your country. Additional charges for customs clearance must be borne by you. “No Apology” has no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, you should contact your local customs office for further information. Additionally, when ordering from “No Apology”, you are considered the importer on record and must comply with all laws and regulations of the country in which you are receiving the merchandise. 

Representations & Warranties and Limitation of Liability

“No Apology” Website is presented “As Is”. We make no representations or warranties of any kind whatsoever, express or implied, in connection with these Terms and Conditions or the Website, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.

You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract), tort (including negligence) or otherwise, under any circumstances, for any (1) events beyond our reasonable control; (2) loss or damages of any sort incurred as a result of dealings with or the presence of off-Website links on the Website; (3) computer viruses, system failures or malfunctions which may occur in connection with your use of the Website, including during hyperlink to or from third-party Websites; (4)interr

 

uption of business; (5) access delays or access interruptions to the Website; (6) any inaccuracies or omissions in content;  or (7) non-delivery, corruption, destruction or other modification of data.

For any purchases made through “No Apology” you will inter alia be governed by the limitation of liability and disclaimer Conditions provided in more detail with the product(s) packaging/leaflets.

Further, to the fullest extent permitted by law, “No Apology”  will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the Website or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed INR 1,000/- (Indian Rupees One Thousand Only).

You agree that no claims or action arising out of, or related to, the use of the Website or these Terms and Conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.

Intellectual Property Rights

“No Apology” is a trade name the Company owns. All materials on the Website, including without limitation, the logos, design, text, graphics, other files, and the selection and arrangement thereof are either owned by the Company or are the property of our suppliers or licensors. Access to this Website does not authorize anyone to use any material in any manner. These are the intellectual property of “No Apology” and it reserves all the intellectual property rights in all text, programs, product(s), processes, technology, content, software and other materials, which appear on the Website, including its looks and feel. The collection, arrangement and assembly of the content on the Website is the exclusive property of “No Apology” and are protected by the Indian Copyright laws and International treaties. Consequently, the materials on this Website shall not be copied, reproduced, duplicated, re-published, downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever, except for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you.

Trademarks & Copyrights

“No Apology” design marks and other trademarks on the Website are owned by the company. Page headers, custom graphics, button icons and scripts are trademarks or trade dress we own. You may not use any of these trademarks, trade dress, or trade names without our express written permission. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips, written and other materials that are part of this Website are intended solely for personal, non-commercial use. You shall not download or copy the Contents and other downloadable materials displayed on the Website for your personal use. “No Apology” explicitly provides to the contrary, all Contents are copyrighted, trademarked, trade dressed and/or other intellectual property owned, controlled or licensed by “No Apology” and is protected by Indian Copyright laws and International treaties. You may not attempt to reverse engineer any of the technology used to provide the Services.

 

Prohibited Conduct. 

In your use of the Website and the Services, you may not: (1) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (2) use any meta tags or any other “hidden text” utilizing the “No Apology” name, trademarks, or product(s) names; (3) attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;  (4) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the Services, the Website or any Websites linked to the Website; (5) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Website or create or use a false identity; (6) interfere with or damage the Website or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (7) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (8) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Website or the Services; (9) engage in any activity that interferes with any third party’s ability to use or enjoy the Website or Services; (10) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Website; or (11) assist any third party in engaging in any activity prohibited by this Terms of Service. If you become aware of any conduct of other users that violates this Terms of Service, we encourage you to contact Customer Service. We reserve the right, but will have no obligation, to respond to such communications.

Comments.

All comments, ideas, suggestions, feedback and other submissions that you offer, disclose or submit to us in connection with your use of the Website will become the exclusive property of “No Apology”. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. If need arises you will, at our cost, execute any documents to affect, record or perfect such assignment. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (1) to pay to you or any third party any compensation for any Comments; (2) to respond to any Comments or (3) to maintain the confidentiality of any Comments. You are and shall remain solely responsible for the content of any Comments you make.

Chat Functionality

The Chat Functionality has been provided to help you with any and all Website related queries. Any use of this service shall be subject to the following Conditions:

  • Communication through chat may be stored by “No Apology” for future reference, and the user of such service will not have the right to access such information at any future date.
  • While “chatting” you may not communicate any objectionable information i.e. unlawful, threatening, abusive, defamatory, obscene information.
  • The chat room shall not be used by you to sell any product(s), to give suggestion on business opportunity or any other form of solicitation.
  • “No Apology” or its executives are not responsible for any delay caused in attending to or replying to the queries via chat.
  • “No Apology” may suspend the chat service at any time without notice

You may proceed further and use the chat facility only if you agree to the above Terms and Conditions.

 

Website Security

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation:

  • Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, ‘flooding,’ ‘spamming’, ‘mail bombing’ or ‘crashing’;
  • Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. “No Apology” is authorized to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Plum on this Website and other than generally available third party web browsers (e.g., Google Chrome, Firefox, Microsoft Internet Explorer etc).
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  • Accessing data not intended for you or logging onto a server or an account which you are not authorized to access; or
  • Sending unsolicited email, including promotions and/or advertising of product(s) or services.

Fraud

“No Apology” reserves the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card/debit card/net banking or any such fraud. We may, in our discretion, require further authorization from you such as a telephone or written confirmation or email of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a testimony, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.

 Third Party Websites

“No Apology” may contain links to other Websites on the Internet that are owned and operated by third parties. We do not control the information, product(s) or services available on these third party Websites. The inclusion of any link does not imply our endorsement of the applicable Website or any association with the Website’s operators. Because we have no control over such Websites and resources, you agree that we are not responsible or liable for the availability or the operation of such external Websites, for any material located on or available from any such Websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Website, including the payment and delivery of related goods or services, and any other terms, Conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that we shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such Website or any such dealings or promotions.

Linking and Framing.

You may not deep link to portions of the Website, or frame, inline link, or similarly display any of our property, including, without limitation, the “No Apology”  Website. You may not use any of our logos or other trademarks as part of a link without express written permission.

Force Majeure

You acknowledge and understand that if the Website is unable to provide the Product(s) as a result of a force majeure event the Website will not be in breach of any of its obligations towards you under these Terms of Service. A force majeure event means any event beyond the control of the company or brand or Website. “No Apology” shall not have any liability to you whether in contact, warranty, tort(Including  Negligence), or any other form of liability for failing to perform its obligations under this agreement to the extent that such failure is a result of a Force Majeure Event.

 

Termination

These Terms of Service are effective unless and until terminated by either you or “No Apology”.

You may terminate the Terms of Service at any time, provided that you discontinue any further use of this Website. “No Apology” may terminate the Terms of Service at any time and may do so without notice, and accordingly deny you access to the Website, such termination will be without any liability to the Website.

Upon any termination of the Terms of Service by either you or “No Apology”, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the Terms of Service or otherwise. Any such termination of the Terms of Service shall not cancel your obligation to pay for the product(s) already ordered from the Website or affect any liability that may have arisen under the Terms of Service.

Indemnity

You agree to defend, indemnify and hold harmless “No Apology”, its employees, directors, officers, agents and their successors and assigns, its holding, subsidiaries, affiliates, partners, or licensors from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to “No Apology” nor any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under the Terms of Service or arising out of your violation of any applicable laws, regulations including but not limited to the Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of the Terms of Service.

Governing Law, Arbitration & Jurisdiction

The Terms of Service and the Policies shall be construed in accordance with the applicable laws of India. All disputes or differences either in interpretation or otherwise arising out of or relating to this Terms of Service (including its formation, performance or alleged breach) or your use of the Website will be exclusively resolved under confidential binding arbitration held in New Delhi, India in accordance with the Rules. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Terms of Service will be joined to an arbitration involving any other party subject to this Terms of Service, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction located in New Delhi, India to enforce this Terms of Service, to protect its trademark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.

Entire Agreement

You acknowledge and hereby agree to these Terms of Service and Conditions and that this User Agreement and the entire agreement between you and “No Apology” (us) with respect to the Websites, product(s) & services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Websites, product(s) & services. 

Nothing contained in these Terms of Service and Conditions shall be construed as creating any agency, partnership, or other forms of joint enterprise between you and “No Apology”. Our ignorance to act with respect to a breach by you or others or to your performance of any provision does not waive or shall not affect our full right to act with respect to subsequent or similar breaches nor shall our waiver of a breach of any provisions hereof be taken or held to be a waiver of the provision itself.

“No Apology” reserves the right, in our sole discretion, to change/ alter/ modify these Terms of Service and Conditions at any time by posting the changes on the Website. Any changes are effective immediately upon posting to the Website. Your continued use of the Website thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.