Terms & Conditions

This document is an electronic record as per the Information Technology Act, 2000 (hereby referred to as the “Act”) and rules made under it as applicable and provisions relating to electronic records in various statutes as amended by the Act. This electronic record is generated by a computer system and does not require any physical or digital signatures

This document is published in accordance with the provisions of Rule 3 (1) of The Information Technology guidelines (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of website. The website, https://www.thecandlestore.in and related mobile application(s) (hereinafter collectively referred to as the “Platform”) and the information, services and other materials contained therein are provided and operated by Nyn Lifestyle Pvt Ltd, a company incorporated under the Companies Act, 2013 with its registered office at Rajesh Corporation Compound, Opp Janta Lunch Home, Premier road , Kamani-Kurla West, Mumbai 400070 (hereinafter referred to as "NYN", “We”, “Us” or “Our” hereinafter).

Unless otherwise provided by context, wherever the rights, privileges and responsibilities of the Platform are referred to, it shall mean to include the rights privileges and responsibilities of the Company.

By browsing or accessing the Platform or upon signing up for a TCS Account (defined below) or by using any Services (defined below), you are agreeing to be bound by the following terms or conditions ("Terms of Use”).

As used in these Terms of Use, “You”, “Your”, “User” means any legal person (including the individual(s) authorized to act on behalf of such person) which has agreed to become a seller / buyer on the Platform by registering for an account on the Platform (“TCS Account”).

Please review our Terms of Use, Privacy Policy and other policies available on the Platform (collectively referred to as the “Terms”) that govern the use of the Platform and the Services thereof. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to You. By accessing, browsing, or otherwise using the Platform or using the Services, including following the posting of changes, the User agrees to accept and be bound by the Terms (as may be amended from time to time). It is your responsibility to review these Terms periodically for any updates / changes.

PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING AND IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT ACCESS OR USE THE PLATFORM OR THE SERVICES.

Additional terms and conditions may apply to You in respect of availing specific services and/or to specific portions or features of the Platform, including but not limited to, Services, any other additional services as may be offered by us from time to time, contests, offers, schemes, promotions or other similar features, all of which terms are to be read as part of these Terms. You agree to abide by such other terms and conditions, including, where applicable, representing that You have the legal capacity to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Platform or for any specific service offered on or through the Platform, the latter terms shall control with respect to your use of that portion of the Platform or the specific service. We expressly reserve the right at any time, to add to and/or alter, modify, change or vary all or any of the terms and conditions or to replace wholly or in part, the contests, offers, schemes, promotions etc. with another contest, offer, scheme, promotion etc. or to withdraw it altogether.

For the ease of reference, this document is divided into following sections:

I. General Terms; and

II. Specific Terms

The Platform is utilized by the Users to meet, interact with each other in connection with sale and purchase by buyers (“Buyer”) products listed third-party sellers (“Seller(s)”) on the Platform. The Platform is not and cannot be a party to or control in any manner any transaction between the Platform's Users.

I. GENERAL TERMS:

1. APPLICATION AND ACCEPTANCE OF THE TERMS:

(i) Your use of the Platform’s services, features, functionality, software and products (collectively the “Services” hereinafter) is subject to the Terms.

(ii) You must read Privacy Policy which governs the collection, use, and disclosure of personal information about Users. You accept the terms of the Privacy Policy and agree to the use of the personal information about You in accordance with the Privacy Policy.

(iii) By impliedly or expressly accepting these Terms, You also accept and agree to be bound by any amendments, updates and modifications to the Terms and the other policies (including but not limited to, Privacy Policy), as maybe amended, updated and modified from time to time.

2. PROVISION OF SERVICES:

(i) You must register on the Platform in order to access and use the Services. Further, We reserve the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) subject to other conditions that We may impose in Our discretion.

(ii) In case You avail services while accessing the Platform, that may be supported and/or provided by third-party service provider(s), for all such services your contracting entity will be such third-party service provider(s), as the case may be. We disclaim all liability for any claims that may arise pursuant to your use of services provided by such third- party service provider(s).

(iii) User agrees and confirms that any Services provided to You by Us are on best efforts basis and We may engage services of third-party service provider(s) to facilitate such Services to you. We shall not in any manner be liable to you for failure or delay in providing the Services or for any temporary disablement, permanent discontinuance of the Services by us or for any consequences resulting from such actions or reasons that are beyond our reasonable control.

(iv) User acknowledges that the Services are being provided to You on an ‘as is’ and ‘as available’ basis and may be interrupted while browsing, transacting, using or uploading information on the Platform. User agrees that We reserve the right to suspend the Services, forthwith without assigning any reason whatsoever, at our sole discretion.

(v) We may at any time with or without notice, withdraw, terminate, and/or suspend any or part of the Services without cause or in case of any breach of the Terms by the User. In addition, termination of any or part of any Services shall not impact provision of other services or other business arrangements or agreements which the User may have entered into with Us.

3. ELIGIBILITY:

The Platform is available for use and access to Users, shall be a person, who can form legally binding contracts under Indian Contract Act, 1872. If You are a minor i.e., under the age of 18 years, You may use the Platform only with involvement of a parent or guardian.

For the purposes of these Terms, the term ‘persons’ shall mean any sole proprietor, firm, company, corporation, government, state or agency of a state or any association, trust, joint venture, consortium or partnership (whether or not having separate legal personality) or any other body corporate duly incorporated under the laws of India.

We retain the right to deny access to anyone who We believe has violated any of these Terms.

4. USER ACCOUNTS AND VERIFICATION OF ACCOUNT:

(i) To access and use the Services, You must register for a TCS Account. To complete your account registration, You must provide us with your full legal name, business address, phone number, a valid email address, and any other information as may be required by us for the purposes of registration on the Platform. Except with our approval, one User may only register one account on the Platform. We may cancel or terminate a User’s account if We have reasons to suspect that the User has concurrently registered or controlled two or more accounts. Further, We may reject User’s application, without assigning any reasons thereof, for registration for any other reason.

(ii) A set of user ID and OTP (One Time Password) / password is unique to a single account. Any action triggered on Your TCS Account on the Platform or by using the unique OTP will be deemed to have been authorised by You and with Your express consent. You shall be solely responsible for maintaining the confidentiality and security of Your user ID and password and for all activities that occur under Your account. You agree that all activities that occur under Your account (including without limitation, posting any company or product information, clicking to accept any terms & conditions or rules, subscribing to or making any payment for any Services, sending emails using the Platform or other communications) will be deemed to have been authorized by You.

(iii) When you access the Platform, You are electronically communicating with Us. We may communicate with you by e-mail, SMS, WhatsApp messages or messages through other modes of communication, phone call or by posting notices on the Platform or by sending in-app notifications or any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages) in the above manner, from Us with respect to your use of the Platform and it shall be deemed by your continued use of the Platform that you agree and consent to receive any communications from Us.

5. TRANSACTIONS BETWEEN BUYER AND SELLER:

(i) We are merely a facilitator and are not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase on the Platform.

(ii) When a product is listed for sale on the Platform by a Seller, products sold to Buyer by the Seller will be governed by the bipartite contractual arrangement entered into directly between the Buyer and the Seller.

(iii) All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation to price, shipping costs, payment methods, payment terms, date, period, and mode of delivery, warranties related to products and services, and after-sales services related to products and services. We do not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between You and the Sellers.

(iv) We do not make any representation or warranty as to specifics (such as quality, value, salability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform. We do not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. We accept no liability for any errors or omissions, whether on behalf of itself or third parties.

(v) We are not responsible for any non-performance or breach of any contract entered into between Buyers and Users. We cannot and do not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform.

(vi) At no time shall We hold any right, title or interest over the products nor shall We have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. We are not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

(vii)For any Services, We do not represent either the Sellers or the Buyer in specific transactions. We do not control and is not liable to or responsible for the quality, safety, suitability of products, lawfulness or availability of the products or services offered for sale on the Platform, or the ability of the Seller to complete a sale or the ability of Buyers to complete a purchase. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the Platform.

(viii) Each User acknowledges that it is fully assuming the risks of conducting any sale transactions (hereinafter referred to as “Transaction Risk”) in connection with using the Platform or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Platform. User acknowledges and undertakes that it is transacting on the Platform at its own risk and is using its best and prudent judgment before entering into any transactions through the Platform.

(ix) We shall neither be liable nor responsible for any actions or inactions of the User nor any breach of conditions, representations or warranties of the products and hereby expressly disclaims any and all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between Buyer and the Seller of the products or any third-party that is rendering services to you.

(x) In the event that any User has a dispute with any party to a transaction such User agrees to release and indemnify NYN (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction. This clause shall also apply to any services opted for by the User by accessing any link from Our site to avail of any independent services related to the transaction of buy-sell conducted on the Platform from any third-party.

(xi) We do not make any representations pertaining to the information, content, products included on or delivery of the products or otherwise made available to User and User acknowledges that we are only acting as an intermediary between the Buyer and the Seller. User hereby further agrees, acknowledges and confirms that we are not responsible in any way for the products purchased by the Buyer from the Seller and it is explicitly agreed by the User that we will not in any way, under any circumstances whatsoever, be responsible or held liable for products purchased by Buyer from the Seller and/or in relation to any issue and/or dispute thereof. User hereby further agrees, acknowledges and confirms that under the aforesaid circumstances Buyer’s only recourse will be against the Seller and we will not be made a party to any such issue and/or dispute between the Seller and the Buyer.

(xii)The User(s) shall be solely responsible for obtaining all necessary third-party licenses and permissions (if any required under applicable law) regarding the right and authority (if required under applicable laws) to re-sell, trade, re-distribute or export or offer to sell, trade the products or services and such sale, trade, distribution or export or offer does not violate any applicable laws.

(xiii) You understand, accept, and agree that NYN is neither a banking nor financial service, but merely a facilitator of information to a payment aggregator that is providing an electronic, automated online electronic payment facility for receiving payment, collection and remittance for transactions on the Platform. You have specifically authorised such third party service provider/ payment aggregator to collect, process, facilitate, and remit payments and / or the transaction price electronically to and from Buyers in respect of transactions through payment facility. Further, any cash on delivery (COD) shall be collected by NYN or its service provider and you authorize NYN and/or its service provider to collect the COD and remit payments to and from you in respect of transactions.

6. USER(S) GENERALLY:

a) Contents Posted on Site

You are responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files, details about the product published on the listing pages or other materials or information posted or transmitted to the Platforms (collectively, "Content"). Such Content shall be licensed to NYN throughout the universe.

NYN shall be entitled to, consistent with our Privacy Policy, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Content you provide. You agree that any Content you post may be used by NYN, consistent with our Privacy Policy and Rules of Conduct on Platform as mentioned herein, and You are not entitled to any payment or other compensation for such use.

NYN shall be entitled to, consistent with our Privacy Policy, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Content you provide. You agree that any Content you post may be used by NYN, consistent with our Privacy Policy and Rules of Conduct on Platform as mentioned herein, and You are not entitled to any payment or other compensation for such use.

(i) You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Platform (the “Platform Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Platform Content for the purposes of operating a business that competes with NYN, or otherwise commercially exploiting the Platform Content or systematic retrieval of Platform Content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes).

(ii) NYN may review, edit, reject, refuse to post and/or delete any Content that in the sole judgment of NYN violates these Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of another person.

(iii) Any information provided by you on this Platform shall not be patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

(iv) You may not post or transmit Content, if it in any way:

(a) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, pornographic, bigotry, invasive of another’s privacy including bodily privacy, hatred or physical harm of any kind against any group or individual, insulting or harassing on the basis of gender, racially or ethnically objectionable, or otherwise inconsistent with or contrary to the laws in force;

(b) harasses or advocates harassment of another person;

(c) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;

(d) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

(e) infringes upon or violates any third-party's rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];

(f) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright Complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture- installed copy-protect devices, or providing pirated music or links to pirated music files;

(g) violates any law for the time being in force;

(h) impersonates another person;

(i) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

(j) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

(k) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

(l) is harmful to child and/or contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian);

(m) tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein) to the Platform or to profiles, blogs, communities, account information, bulletins, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

(n) engages in commercial activities and/or sales without NYN ’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or buying or selling of “virtual” items related to the Platform. Throughout this Terms of Use, NYN ’s “prior written consent” means a communication coming from NYN ’s legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;

(o) solicits money laundering, gambling or engages in any gambling activity which NYN, in its sole discretion, believes is or could be construed as being illegal; contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or deleterious components or devices, or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;

(p) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;

(q) interferes with another user's use and enjoyment of the Platform or any other individual's user and enjoyment of similar services; or

(r) refers to any Platform or URL that, in the sole discretion of NYN, contains material that is inappropriate for the Platform, contains content that would be prohibited on the Platform, or violates the letter or spirit of these Terms of Use.

(v) You must use the Platform in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorized uses of the Sites, including without limitation, collecting usernames and/or email addresses of registered members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Sites, are not permitted. This includes the unauthorized interception of the data stream coming from or going into the Sites, as well as attempting to gain unauthorized access to the Sites or exceeding your authorized access.

(vi) You may not engage in advertising to or solicitation of, other users through the Platform to sell any products or services, including, but not limited to, products or services related to the Platform. You may not transmit any chain letters or unsolicited commercial or junk emails to other users via the Platform. It is also a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the Platform without their prior explicit consent. In order to protect our users from such advertising or solicitation, NYN reserves the right to restrict the number of messages or emails which a User may send to other user in any 24-hour period to a number which NYN deems appropriate in its sole discretion.

(vii)You understand that NYN has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with an investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as We, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

(viii) NYN reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Platform. NYN shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right of NYN, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that Content posted in public areas of the Platform does not necessarily reflect the views of NYN. In no event shall NYN assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

(ix) Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. NYN shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.

(x) It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Platforms and that You may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about You due to your use of the Platform, and that the recipient may use such information to harass or injure You. NYN does not approve of such unauthorized uses but by using the Platform You acknowledge and agree that NYN is not responsible for the use of any personal information that You publicly disclose or share with others on the Platform. Please carefully select the type of information that You publicly disclose or share with others on the Platform.

(xi) NYN shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, whether direct or indirect in DoS/DdoS (Distributed Denial of Services) attack or any other cybercrime.

c) Your Account

You agree that any use of the Platform is at your own risk and NYN is not responsible for it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and You agree to accept responsibility for all activities that occur under your account or password. Products sold on the Platform are not for people below aged 18, however any products available for children below age 18, can be bought by adults.

7. BREACHES AND SUSPENSION:

(i) If any User breaches any Terms, or if We have a reasonable ground to believe that a User is in breach of any Terms, or could subject NYN or its affiliates to liability, or is otherwise found inappropriate or unlawful in Our opinion, We shall have the right to take such disciplinary actions as it deems appropriate, including without limitation to:

(a) suspending or terminating the User’s account and any and all accounts determined to be related to such account by NYN in its discretion;

(b) blocking, restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service;

(c) removing any product listings or other Content that the User has submitted, posted or displayed;

(d) withhold settlement of payments by NYN to the User;

(e) any other corrective actions, discipline or penalties as NYN may deem necessary or appropriate in its sole discretion.

(ii) We do not pre-screen any content or information posted, published or transmitted on the Platform by the users and We are under no obligation to pre-screen any such content or information. However, We may at our discretion and/or in accordance with applicable law may voluntarily take down any content or information posted by you on the Platform and if We determine that any content or information is in violation of these Terms, We may remove such content or information from the Platform without notice. Such actions do not in any manner negate or dilute our position as an intermediary or impose any liability on Us with respect to content or information posted, published or transmitted by users on the Platform.

(iii) Notwithstanding anything contained herein these Terms, We may with or without notice and in our sole discretion be entitled to suspend, reduce visibility of the product listings, de-activate, or de-list any product listings or User’s account for any reasons, including without limitation, economic constraints, operational difficulties, financial implications, usage behaviour of the User on the Platform, performance of the User on the Platform, etc.

(iv) In the event a User becomes inactive or if no transaction is noticed by Us, in such a case We reserve our right to delist, deactivate or suspend a User’s account in our sole discretion, with or without giving any notice to the User.

(v) We reserve the right to cooperate fully with governmental authorities, private investigators, injured third parties in the investigation of any suspected criminal or civil wrongdoing and/or any third parties alleging a claim against you. Further, We may disclose the User's identity and contact information, if requested by any third- party, government or law enforcement body, an injured third-party, or as a result of a subpoena or other legal action.

8. LIMITATION OF LIABILITY AND INDEMNITY:

(i) To the maximum extent permitted by law, the Services provided by Us on or through the Platform are provided "as is", "as available" and “with all faults”, and We hereby expressly disclaim any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, and undertakings are hereby excluded.

(ii) To the maximum extent permitted by law, We make no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or accurateness of any information provided on or through the Platform; We do not represent or warrant that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the platform does not violate any third-party rights; and We make no representations or warranties of any kind concerning any products or services offered or displayed on the platform. Except as provided herein, to the fullest extent permissible by applicable law, the aggregate liability of NYN for any claims that may arise in connection with these terms shall not exceed an amount of INR 1000/-.

(iii) Under no circumstances will NYN be liable for any consequential, incidental, special, exemplary or punitive damages, including but not limited to any lost profits that result from your purchase of any products on platform or any services availed, even if We have been advised of the possibility of such damages.

(iv) While availing any of the payment method/s offered by NYN, NYN is neither responsible nor takes any liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:

a) lack of authorization for any transaction/s,

b) exceeding the preset limit mutually agreed by You and between your "Bank/s",

c) any payment issues arising out of the transaction, or

d) decline of transaction for any other reason/s.

9. FORCE MAJEURE:

Under no circumstances, NYN shall be held liable for any default, losses, delay or failure or disruption of the content or in the performance of its or User’s obligations under this Agreement, or services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, epidemics, pandemics, curfews, lock-down, orders of domestic or foreign courts or tribunals or non- performance of third parties.

10. INTELLECTUAL PROPERTY RIGHTS:

i. NYN is the sole owner or lawful licensee of all the rights and interests in the Platform and the Platform Content. All title, ownership and intellectual property rights in the Platform and Platform Content shall remain with NYN or licensors of the Platform Content, as the case may be. All rights not otherwise claimed under the Terms or by NYN are hereby reserved.

ii. "NYN " and any other related icons and logos are registered trademarks of NYN Internet Private Limited (or its licensors), in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

iii. NYN may, at its sole discretion, permit the User(s) of the Platform, in writing, to use “NYN” and any other related icons and logos for indicative purposes in the form and manner and terms and conditions as maybe agreed by NYN.

iv. All text, graphics, photographs, trademarks, logos, and artwork available or accessible on the Platform are third-party user generated content and NYN has no control over such third-party user generated content as NYN is merely an intermediary for the purposes of these Terms.

v. You shall be solely responsible for any content or information posted or transmitted on the Platform and shall indemnify NYN against any claim or liability arising from any content or information posted or transmitted by You on the Platform. Any content or information such as but not limited to images, text, videos posted or transmitted on the Platform shall be licensed to NYN by the User uploading such content and NYN shall have the worldwide, fully paid-up, perpetual and transferable license in such content or information for the purposes of its use on the Platform and for any purposes NYN deems fit. You shall not be entitled to any payment or compensation for any usage of the content by NYN.

11. NOTICES

(i) All notices or demands to or upon NYN shall be made in writing and sent to NYN personally, by courier or e-mail to the following address: Rajesh Corporation Compound, Opp Janta Lunch Home, Premier road , Kamani-Kurla West, Mumbai 400070, Attn: Legal Department. The notices shall be effective when they are received by NYN in any of the above-mentioned manner.

(ii) All notices or demands to or upon a User shall be effective if either delivered personally, sent by courier or registered email to the last-known correspondence or email address provided by the User to NYN, or SMS, WhatsApp messages, or in-app notifications, or by posting such notice or demand on an area of the Platform that is publicly accessible without a charge or through such other mode of communication as NYN may deem fit in its discretion. Notice to a User shall be deemed to be received by such User if and when, a) NYN is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or b) immediately upon NYN posting such notice on an area of the Platform that is accessible by the User or publicly accessible without charge.

12. MISCELLANEOUS PROVISIONS

(i) Unless otherwise communicated to you by NYN, the Terms constitute the entire agreement between User and NYN and govern the User’s use of the Platform and any of the Services. The Terms shall supersede any prior written or oral agreements that you may have had in relation to the use of the Platform and any of the Services.

(ii) Unless stated otherwise, We will be your one stop solution for all the services on the Platform with effect from 10th August 2023 (“Cut-Off Date”), and any new transactions on the Platform shall be governed by these Terms. It is clarified that, any transaction made by you on the Platform before the Cut-Off Date shall be governed by your arrangements with the relevant parties (i.e., third-party service providers) as existing prior to the Cut Off Date, i.e. WhiteOrange World Private Limited. The erstwhile terms of use are available here.

(iii) NYN and User are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by the Terms. The relationship between you and us is one of independent contractors, and nothing contained in these Terms will be construed to (a) give either party the power to direct and control the day-to- day activities of the other, (b) constitute the parties as partners, joint ventures, co-owners or otherwise as participants in a joint or common undertaking, or (c) allow you to create or assume any obligation on our behalf for any purpose whatsoever.

(iv) If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.

(v) NYN ’s failure to enforce any right or failure to act with respect to any breach by User under the Terms will not constitute a waiver of that right nor a waiver of NYN ’s right to act with respect to subsequent or similar breaches.

(vi) NYN shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of NYN). User may not assign, in whole or part, the Terms to any third-party or person.

(vii) The Terms shall be governed by the laws of India and the parties to the Terms agree to submit to the exclusive jurisdiction of the courts of Bangalore, Karnataka, India.

13. GRIEVANCE MECHANISM

(i) The User may submit any grievance with respect to the Platform or the Services, including with respect to any abuse on the Platform and/or any discrepancies or grievances with respect to processing of information to the Grievance Officer at the contact details mentioned in 12 below. We will endeavor to resolve your grievances and concerns within timelines as mentioned under applicable laws.

(ii) In accordance with the IT Act, 2000, and the rules thereunder, the name and contact details of the grievance officer are provided below:

Mr. Mayur Nandwana

Grievance Officer, NYN Internet Private Limited,

Rajesh Corporation Compound, Opp Janta Lunch Home, Premier road , Kamani-Kurla West, Mumbai 400070, Phone: 9820098200

E-mail: customersupport@thecandlestore.in

Time: Mon - Sat (9 AM - 6 PM)

14. This site is controlled and operated by NYN and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Platform is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

15. NYN respects the intellectual property of others. In case You feel that Your trademark has been infringed, You can write to us at customersupport@thecandlestore.in.

Notice of Infringement

NYN Internet Private Limited

_______________________

 

_______________________

 

I, [name] ____________________________ of [address] _________________________ do solemnly and sincerely declare as follows:

I am the owner of certain intellectual property rights, said owner being named __________________ ("IP Owner").

I have a good faith belief that the item listings or materials identified in the annexure attached hereto are not authorised by the above IP Owner, its agent, or the law and therefore infringe the IP Owner's rights. Please expeditiously remove or disable access to the material or products claimed to be infringing.

I may be contacted at: Name ___________________________________________________________

Title & Company ________________________________________________________

Address _________________________________________________________

Email (correspondence) ___________________________________________________

Telephone/Fax _____________________________________________________________

Date _________________________________________________________________ and I make this declaration conscientiously believing it to be true and correct.

Declared by ______________________________ on [date] ___________________________________

in [place]________ Truthfully,

Signature

 

Addendum to Notice of Infringement:

List of Allegedly Infringing listings or products

A Note on Reason Codes: When identifying item numbers please use the reasons below. When removing products from the site, NYN will inform Sellers of the specific reason for the removal of their products.

Select the most appropriate reason. Please associate each item you report with only one reason code.

Trademark-infringement

Trademark owner doesn't make this type of product or has discontinued the production of the product

Item(s) is an unlawful replica of a product made by the trademark owner or is counterfeit

Trademark-listing description infringement

Listing(s) has unlawful comparison to trademark owner's brand or product

Listing(s) contains unlawful use of trademark owner's logo

Copyright-item infringement

Software is being offered without any license or in violation of a license

Item(s) is a bootleg recording;

Item(s) is an unlawful copy (software, games, movies, etc.);

Item(s) is unlawful duplication of printed material

Item(s) is an unlawful copy of other copyrighted work (paintings, sculptures, etc.)

Copyright-listing content infringement

Listing(s) comprises unauthorized copy of copyrighted text

Listing(s) comprises unauthorized copy of copyrighted image

Listing(s) comprises unauthorized copy of copyrighted image and text

Reason Code: _____________________________________________________________

Work(s)

infringed: _________________________________________________________

Item Number(s): ___________________________________________________________

Note:

Please provide the ownership of Trademark (Trademark Registration Certificate should be in the name of applicant)

Please provide the evidence as to the ownership of copyright.

All such Notices of Infringement shall be sent to customersupport@thecandlestore.in.

Contacting the Seller We are committed towards ensuring that disputes between Sellers and Buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that a Buyer wishes to contact the Seller, he/ she may proceed to do so by accessing the Seller related information made available by the Sellers on their product listing pages. Alternatively, the Buyers may also reach out to customer support at customersupport@thecandlestore.in.

II. SPECIFIC TERMS:

These Specific Terms shall be read in conjunction with the General Terms and in the event of any conflict between the General Terms and Specific Terms, the provisions of Specific Terms shall supersede and prevail.

1. BUYER’S RESPONSIBILITES, REPRESENTATIONS AND WARRANTIES

i. You represent, warrant and agree that:

a. you are fully able and competent to understand and agree to the Terms;

b. you have full power and authority to accept the Terms, to grant the license and authorization (if applicable) and to perform the obligations hereunder;

c. purchases on the Platform must be for end consumption only. Buyers must not use products purchased on the Platform for any commercial, promotional, resale or further distribution purposes.

d. you shall comply with all applicable laws while using and accessing the Platform;

e. you shall be solely responsible for obtaining all necessary third party licenses and permissions (if any required) regarding any User Content that you submit, post or display;

f. any User Content that Buyer submits, posts or displays does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party.

ii. Buyer represents, warrants and agrees that:

a. such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Platform or any Services is true, accurate, current and complete; and

b. Buyer will maintain and promptly amend all information and material to keep it true, accurate, current and complete.

iii. Buyer may be required to promptly furnish additional documents or information as and when requested by NYN to continue using and accessing the Platform and availing the Services. Buyer agrees to promptly provide such additional documents and information, failing NYN reserves its right to take appropriate measures as set out under Clause 7 (Breaches and Suspension) of the General Terms.

iv. Buyer consents to the inclusion of the contact information about Buyer in NYN’s database and usage of the same as per NYN’s privacy policy.

2. PAYMENTS BY BUYERS

a. Upon placing the order on Platform, Buyer can opt to make payment for the Products purchased by using any of the modes of payment made available by us on the Platform, from time to time. However, it is pertinent to note and is hereby clarified that if the Buyer opts to make payments through any such mode made available by us or any third-party engaged by us for this purpose then we or the third-party engaged by us for the same shall only act in a fiduciary capacity.

b. Buyer acknowledges that it is solely responsible for the transactions / payments made to the Seller for the Products purchased by the Buyer. Buyer acknowledges and agrees that we are acting merely as a payment facilitator and shall take no responsibility as to the legality of any payment transaction between the Seller and the Buyer and do not collect, process, and remit any payments in respect to any payment transaction on the Platform. We do not have any obligation, responsibility or liability to verify any transactions authenticated and/or authorised by the Buyer or its payment instructions.

c. The payments for the orders received from the Buyer in the manner as set forth under the settlement process of Seller Terms. You hereby agree to be bound by the applicable provisions of the Seller Terms in this regard (which are deemed to be incorporated herein by reference) and agree not to raise any dispute with respect to the manner of settlement by NYN.

d. You hereby consent and agree to comply with guidelines, instructions, requests, etc., as maybe made by us or third-party banks or financial institutions, as the case may be or a payment system provider from time to time, in relation to making payments on the Platform.

e. Buyer hereby acknowledges and agrees that we shall not be liable for failure of any transaction undertaken on Platform for any reason whatsoever including but not limited to non- performance or omission or commission on the part of Seller, deficiency of service and/or Products delivered, technical errors on the Platform. You further acknowledge that we shall not be responsible, in any manner whatsoever, for any loss incurred by you for a failed / incomplete transaction undertaken by you on the Platform.

f. Raising disputes against Sellers does not automatically entitle the Buyer to a refund or replacement for the product purchased. NYN shall verify the disputes so raised and may process only such claims that are valid and genuine. In case of an occurrence of a chargeback event, the refund to the Buyer will be created on resolution of such disputes.

g. Buyer shall comply with all the applicable regulations/ laws in relation to cash transaction as stipulated under the applicable tax laws.

h. You, as a Buyer shall be entitled to claim a refund of the order price (as Your sole and exclusive remedy) as per the Return Shipments Policy and Undelivered Shipment Policy. Except for cash on delivery transactions, refund, if any, shall be made at the same issuing bank from where the order price was received, or through any other method available on the Platform, as chosen by You. For cash on delivery transactions, refunds, if any, will be made via electronic payment transfers (as per the bank account details shared by You).

i. If you avail service from any third party service provider using the Platform, upon receipt of instruction from such third party service provider, you agree and authorise us to remit and settle such collected payments (after deduction of our fees (if any) and any other charges or taxes applicable under tax laws) to the designated bank account of the third party service provider within such timelines as mentioned in the settlement process of Seller Terms. You agree and acknowledge that no separate authorisation will be required by us to collect and transfer payment to such third-party service provider.

j. As required by applicable law, if the Buyer makes a purchase of an amount equal to or above INR 2,00,000/- (or such other limit specified by the applicable law), the Buyer will be required to upload a scanned copy of his/her PAN card on the Platform, within four (4) days of making the purchase, failing which, the purchase made by the Buyer may be cancelled by NYN. The requirement to submit the PAN card arises only once and if it has been submitted already by the Buyer, it need not be submitted again. The order of the Buyer shall stand cancelled if there is a discrepancy between the name of the Buyer and the name on the PAN Card.

k. You are expected to treat all delivery partners of NYN (or its third-party logistics partner (LSP)) with courtesy and respect. Without prejudice to any rights under the applicable laws, we reserve the right to withhold access to the Platform and otherwise limit Your access to the Platform at Our absolute discretion if You behave towards any delivery partner working with NYN / LSP in a manner which is discourteous, disrespectful, or abusive, or which otherwise may be deemed to be inappropriate or unlawful.

3. SERVICES:

a. TCS Extended Warranty

Plan You may subscribe / purchase on the Platform, within the permitted purchase window, the Extended Warranty Plan for availing the extended warranty on the select products sold on the Platform, on the terms and conditions communicated to You. In case you subscribe to this Plan, You shall be required to pay a specified subscription amount. You agree to abide by such other terms and conditions and such additional terms shall be read as a part of these Terms

b. Exchange Offer

NYN may from time to time and at its sole discretion, facilitate exchange offers, made available by third party exchange partners to enable the Buyers to exchange their pre-owned products against their purchases on the Platform, on the terms and conditions communicated to You. You agree to abide by such other terms and conditions and such additional terms shall be read as a part of these Terms.

c. Buyback Plan

NYN may from time to time and at its sole discretion, facilitate buyback plans, by third party partners, from time to time, on the Platform to enable the Buyers to offer the products purchased on the Platform for buy back by such third-party partner(s) on the terms and conditions communicated to You. You agree to abide by such other terms and conditions and such additional terms shall be read as a part of these Terms.

d. Video Assisted Shopping

Buyers may choose to avail the video assisted shopping feature offered by select Sellers on the Platform. With this feature, the Buyers will be able to hold live video calls with these Sellers to ask about the product at hand and receive real time answers.

e. NYN may provide such other additional services, from time to time, on such terms and conditions as may be communicated from time to time.

4. UNDELIVERED SHIPMENT:

You acknowledge that a delivery failure may occur for various reasons, as set out under the Undelivered Shipment Policy. In relation to the Undelivered Shipments (as defined under the Undelivered Shipment Policy), you agree to be bound by the provisions of the Undelivered Shipment Policy which can be accessed here.

5. RETURNS:

In case of any return request (as defined under the Return Shipments Policy), you agree to be bound by the provisions of the Return Shipments Policy which can be accessed here.

6. FEES AND CHARGES:

NYN may charge a nominal fee for browsing and making purchases using the Platform. NYN reserves the right to change its fee from time to time. In particular, NYN may at its sole discretion introduce new services/fees and modify some or all of the existing services/fees offered on the Platform. In such an event, NYN reserves the right to introduce fees for the new services offered or amend/introduce fees for existing/new services, as the case may be. Changes to the fee shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to NYN Internet Private Limited.

7. LIMITATION OF LIABILITY AND INDEMNITY:

We shall not have any liability whatsoever for any claims arising from: (a) any of your acts or omissions; (b) compliance with the instructions given by you or any person acting on your behalf; (c) an act or order of any government authority; (d) the insufficiency of the packing or labelling of Shipment; (e) the nature, description, or contents of the Shipment; (f) any force majeure event; (g) any cause which we could not avoid and the consequences whereof we could not prevent by the exercise of reasonable diligence; and/or (h) any dispute or claims between the Seller and the Buyer including without limitation relating to the Shipment or Products hereunder.

Terms & Conditions

This document is an electronic record as per the Information Technology Act, 2000 (hereby referred to as the “Act”) and rules made under it as applicable and provisions relating to electronic records in various statutes as amended by the Act. This electronic record is generated by a computer system and does not require any physical or digital signatures

This document is published in accordance with the provisions of Rule 3 (1) of The Information Technology guidelines (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of website. The website, https://www.thecandlestore.in and related mobile application(s) (hereinafter collectively referred to as the “Platform”) and the information, services and other materials contained therein are provided and operated by Nyn Lifestyle Pvt Ltd, a company incorporated under the Companies Act, 2013 with its registered office at Rajesh Corporation Compound, Opp Janta Lunch Home, Premier road , Kamani-Kurla West, Mumbai 400070 (hereinafter referred to as "NYN", “We”, “Us” or “Our” hereinafter).

Unless otherwise provided by context, wherever the rights, privileges and responsibilities of the Platform are referred to, it shall mean to include the rights privileges and responsibilities of the Company.

By browsing or accessing the Platform or upon signing up for a TCS Account (defined below) or by using any Services (defined below), you are agreeing to be bound by the following terms or conditions ("Terms of Use”).

As used in these Terms of Use, “You”, “Your”, “User” means any legal person (including the individual(s) authorized to act on behalf of such person) which has agreed to become a seller / buyer on the Platform by registering for an account on the Platform (“TCS Account”).

Please review our Terms of Use, Privacy Policy and other policies available on the Platform (collectively referred to as the “Terms”) that govern the use of the Platform and the Services thereof. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to You. By accessing, browsing, or otherwise using the Platform or using the Services, including following the posting of changes, the User agrees to accept and be bound by the Terms (as may be amended from time to time). It is your responsibility to review these Terms periodically for any updates / changes.

PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING AND IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT ACCESS OR USE THE PLATFORM OR THE SERVICES.

Additional terms and conditions may apply to You in respect of availing specific services and/or to specific portions or features of the Platform, including but not limited to, Services, any other additional services as may be offered by us from time to time, contests, offers, schemes, promotions or other similar features, all of which terms are to be read as part of these Terms. You agree to abide by such other terms and conditions, including, where applicable, representing that You have the legal capacity to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Platform or for any specific service offered on or through the Platform, the latter terms shall control with respect to your use of that portion of the Platform or the specific service. We expressly reserve the right at any time, to add to and/or alter, modify, change or vary all or any of the terms and conditions or to replace wholly or in part, the contests, offers, schemes, promotions etc. with another contest, offer, scheme, promotion etc. or to withdraw it altogether.

For the ease of reference, this document is divided into following sections:

I. General Terms; and

II. Specific Terms

The Platform is utilized by the Users to meet, interact with each other in connection with sale and purchase by buyers (“Buyer”) products listed third-party sellers (“Seller(s)”) on the Platform. The Platform is not and cannot be a party to or control in any manner any transaction between the Platform's Users.

I. GENERAL TERMS:

1. APPLICATION AND ACCEPTANCE OF THE TERMS:

(i) Your use of the Platform’s services, features, functionality, software and products (collectively the “Services” hereinafter) is subject to the Terms.

(ii) You must read Privacy Policy which governs the collection, use, and disclosure of personal information about Users. You accept the terms of the Privacy Policy and agree to the use of the personal information about You in accordance with the Privacy Policy.

(iii) By impliedly or expressly accepting these Terms, You also accept and agree to be bound by any amendments, updates and modifications to the Terms and the other policies (including but not limited to, Privacy Policy), as maybe amended, updated and modified from time to time.

2. PROVISION OF SERVICES:

(i) You must register on the Platform in order to access and use the Services. Further, We reserve the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) subject to other conditions that We may impose in Our discretion.

(ii) In case You avail services while accessing the Platform, that may be supported and/or provided by third-party service provider(s), for all such services your contracting entity will be such third-party service provider(s), as the case may be. We disclaim all liability for any claims that may arise pursuant to your use of services provided by such third- party service provider(s).

(iii) User agrees and confirms that any Services provided to You by Us are on best efforts basis and We may engage services of third-party service provider(s) to facilitate such Services to you. We shall not in any manner be liable to you for failure or delay in providing the Services or for any temporary disablement, permanent discontinuance of the Services by us or for any consequences resulting from such actions or reasons that are beyond our reasonable control.

(iv) User acknowledges that the Services are being provided to You on an ‘as is’ and ‘as available’ basis and may be interrupted while browsing, transacting, using or uploading information on the Platform. User agrees that We reserve the right to suspend the Services, forthwith without assigning any reason whatsoever, at our sole discretion.

(v) We may at any time with or without notice, withdraw, terminate, and/or suspend any or part of the Services without cause or in case of any breach of the Terms by the User. In addition, termination of any or part of any Services shall not impact provision of other services or other business arrangements or agreements which the User may have entered into with Us.

3. ELIGIBILITY:

The Platform is available for use and access to Users, shall be a person, who can form legally binding contracts under Indian Contract Act, 1872. If You are a minor i.e., under the age of 18 years, You may use the Platform only with involvement of a parent or guardian.

For the purposes of these Terms, the term ‘persons’ shall mean any sole proprietor, firm, company, corporation, government, state or agency of a state or any association, trust, joint venture, consortium or partnership (whether or not having separate legal personality) or any other body corporate duly incorporated under the laws of India.

We retain the right to deny access to anyone who We believe has violated any of these Terms.

4. USER ACCOUNTS AND VERIFICATION OF ACCOUNT:

(i) To access and use the Services, You must register for a TCS Account. To complete your account registration, You must provide us with your full legal name, business address, phone number, a valid email address, and any other information as may be required by us for the purposes of registration on the Platform. Except with our approval, one User may only register one account on the Platform. We may cancel or terminate a User’s account if We have reasons to suspect that the User has concurrently registered or controlled two or more accounts. Further, We may reject User’s application, without assigning any reasons thereof, for registration for any other reason.

(ii) A set of user ID and OTP (One Time Password) / password is unique to a single account. Any action triggered on Your TCS Account on the Platform or by using the unique OTP will be deemed to have been authorised by You and with Your express consent. You shall be solely responsible for maintaining the confidentiality and security of Your user ID and password and for all activities that occur under Your account. You agree that all activities that occur under Your account (including without limitation, posting any company or product information, clicking to accept any terms & conditions or rules, subscribing to or making any payment for any Services, sending emails using the Platform or other communications) will be deemed to have been authorized by You.

(iii) When you access the Platform, You are electronically communicating with Us. We may communicate with you by e-mail, SMS, WhatsApp messages or messages through other modes of communication, phone call or by posting notices on the Platform or by sending in-app notifications or any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages) in the above manner, from Us with respect to your use of the Platform and it shall be deemed by your continued use of the Platform that you agree and consent to receive any communications from Us.

5. TRANSACTIONS BETWEEN BUYER AND SELLER:

(i) We are merely a facilitator and are not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase on the Platform.

(ii) When a product is listed for sale on the Platform by a Seller, products sold to Buyer by the Seller will be governed by the bipartite contractual arrangement entered into directly between the Buyer and the Seller.

(iii) All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation to price, shipping costs, payment methods, payment terms, date, period, and mode of delivery, warranties related to products and services, and after-sales services related to products and services. We do not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between You and the Sellers.

(iv) We do not make any representation or warranty as to specifics (such as quality, value, salability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform. We do not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. We accept no liability for any errors or omissions, whether on behalf of itself or third parties.

(v) We are not responsible for any non-performance or breach of any contract entered into between Buyers and Users. We cannot and do not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform.

(vi) At no time shall We hold any right, title or interest over the products nor shall We have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. We are not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

(vii)For any Services, We do not represent either the Sellers or the Buyer in specific transactions. We do not control and is not liable to or responsible for the quality, safety, suitability of products, lawfulness or availability of the products or services offered for sale on the Platform, or the ability of the Seller to complete a sale or the ability of Buyers to complete a purchase. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the Platform.

(viii) Each User acknowledges that it is fully assuming the risks of conducting any sale transactions (hereinafter referred to as “Transaction Risk”) in connection with using the Platform or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Platform. User acknowledges and undertakes that it is transacting on the Platform at its own risk and is using its best and prudent judgment before entering into any transactions through the Platform.

(ix) We shall neither be liable nor responsible for any actions or inactions of the User nor any breach of conditions, representations or warranties of the products and hereby expressly disclaims any and all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between Buyer and the Seller of the products or any third-party that is rendering services to you.

(x) In the event that any User has a dispute with any party to a transaction such User agrees to release and indemnify NYN (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction. This clause shall also apply to any services opted for by the User by accessing any link from Our site to avail of any independent services related to the transaction of buy-sell conducted on the Platform from any third-party.

(xi) We do not make any representations pertaining to the information, content, products included on or delivery of the products or otherwise made available to User and User acknowledges that we are only acting as an intermediary between the Buyer and the Seller. User hereby further agrees, acknowledges and confirms that we are not responsible in any way for the products purchased by the Buyer from the Seller and it is explicitly agreed by the User that we will not in any way, under any circumstances whatsoever, be responsible or held liable for products purchased by Buyer from the Seller and/or in relation to any issue and/or dispute thereof. User hereby further agrees, acknowledges and confirms that under the aforesaid circumstances Buyer’s only recourse will be against the Seller and we will not be made a party to any such issue and/or dispute between the Seller and the Buyer.

(xii)The User(s) shall be solely responsible for obtaining all necessary third-party licenses and permissions (if any required under applicable law) regarding the right and authority (if required under applicable laws) to re-sell, trade, re-distribute or export or offer to sell, trade the products or services and such sale, trade, distribution or export or offer does not violate any applicable laws.

(xiii) You understand, accept, and agree that NYN is neither a banking nor financial service, but merely a facilitator of information to a payment aggregator that is providing an electronic, automated online electronic payment facility for receiving payment, collection and remittance for transactions on the Platform. You have specifically authorised such third party service provider/ payment aggregator to collect, process, facilitate, and remit payments and / or the transaction price electronically to and from Buyers in respect of transactions through payment facility. Further, any cash on delivery (COD) shall be collected by NYN or its service provider and you authorize NYN and/or its service provider to collect the COD and remit payments to and from you in respect of transactions.

6. USER(S) GENERALLY:

a) Contents Posted on Site

You are responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files, details about the product published on the listing pages or other materials or information posted or transmitted to the Platforms (collectively, "Content"). Such Content shall be licensed to NYN throughout the universe.

NYN shall be entitled to, consistent with our Privacy Policy, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Content you provide. You agree that any Content you post may be used by NYN, consistent with our Privacy Policy and Rules of Conduct on Platform as mentioned herein, and You are not entitled to any payment or other compensation for such use.

NYN shall be entitled to, consistent with our Privacy Policy, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Content you provide. You agree that any Content you post may be used by NYN, consistent with our Privacy Policy and Rules of Conduct on Platform as mentioned herein, and You are not entitled to any payment or other compensation for such use.

(i) You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Platform (the “Platform Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Platform Content for the purposes of operating a business that competes with NYN, or otherwise commercially exploiting the Platform Content or systematic retrieval of Platform Content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes).

(ii) NYN may review, edit, reject, refuse to post and/or delete any Content that in the sole judgment of NYN violates these Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of another person.

(iii) Any information provided by you on this Platform shall not be patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

(iv) You may not post or transmit Content, if it in any way:

(a) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, pornographic, bigotry, invasive of another’s privacy including bodily privacy, hatred or physical harm of any kind against any group or individual, insulting or harassing on the basis of gender, racially or ethnically objectionable, or otherwise inconsistent with or contrary to the laws in force;

(b) harasses or advocates harassment of another person;

(c) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;

(d) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

(e) infringes upon or violates any third-party's rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];

(f) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright Complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture- installed copy-protect devices, or providing pirated music or links to pirated music files;

(g) violates any law for the time being in force;

(h) impersonates another person;

(i) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

(j) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

(k) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

(l) is harmful to child and/or contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian);

(m) tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein) to the Platform or to profiles, blogs, communities, account information, bulletins, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

(n) engages in commercial activities and/or sales without NYN ’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or buying or selling of “virtual” items related to the Platform. Throughout this Terms of Use, NYN ’s “prior written consent” means a communication coming from NYN ’s legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;

(o) solicits money laundering, gambling or engages in any gambling activity which NYN, in its sole discretion, believes is or could be construed as being illegal; contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or deleterious components or devices, or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;

(p) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;

(q) interferes with another user's use and enjoyment of the Platform or any other individual's user and enjoyment of similar services; or

(r) refers to any Platform or URL that, in the sole discretion of NYN, contains material that is inappropriate for the Platform, contains content that would be prohibited on the Platform, or violates the letter or spirit of these Terms of Use.

(v) You must use the Platform in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorized uses of the Sites, including without limitation, collecting usernames and/or email addresses of registered members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Sites, are not permitted. This includes the unauthorized interception of the data stream coming from or going into the Sites, as well as attempting to gain unauthorized access to the Sites or exceeding your authorized access.

(vi) You may not engage in advertising to or solicitation of, other users through the Platform to sell any products or services, including, but not limited to, products or services related to the Platform. You may not transmit any chain letters or unsolicited commercial or junk emails to other users via the Platform. It is also a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the Platform without their prior explicit consent. In order to protect our users from such advertising or solicitation, NYN reserves the right to restrict the number of messages or emails which a User may send to other user in any 24-hour period to a number which NYN deems appropriate in its sole discretion.

(vii)You understand that NYN has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with an investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as We, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

(viii) NYN reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Platform. NYN shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right of NYN, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that Content posted in public areas of the Platform does not necessarily reflect the views of NYN. In no event shall NYN assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

(ix) Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. NYN shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.

(x) It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Platforms and that You may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about You due to your use of the Platform, and that the recipient may use such information to harass or injure You. NYN does not approve of such unauthorized uses but by using the Platform You acknowledge and agree that NYN is not responsible for the use of any personal information that You publicly disclose or share with others on the Platform. Please carefully select the type of information that You publicly disclose or share with others on the Platform.

(xi) NYN shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, whether direct or indirect in DoS/DdoS (Distributed Denial of Services) attack or any other cybercrime.

c) Your Account

You agree that any use of the Platform is at your own risk and NYN is not responsible for it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and You agree to accept responsibility for all activities that occur under your account or password. Products sold on the Platform are not for people below aged 18, however any products available for children below age 18, can be bought by adults.

7. BREACHES AND SUSPENSION:

(i) If any User breaches any Terms, or if We have a reasonable ground to believe that a User is in breach of any Terms, or could subject NYN or its affiliates to liability, or is otherwise found inappropriate or unlawful in Our opinion, We shall have the right to take such disciplinary actions as it deems appropriate, including without limitation to:

(a) suspending or terminating the User’s account and any and all accounts determined to be related to such account by NYN in its discretion;

(b) blocking, restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service;

(c) removing any product listings or other Content that the User has submitted, posted or displayed;

(d) withhold settlement of payments by NYN to the User;

(e) any other corrective actions, discipline or penalties as NYN may deem necessary or appropriate in its sole discretion.

(ii) We do not pre-screen any content or information posted, published or transmitted on the Platform by the users and We are under no obligation to pre-screen any such content or information. However, We may at our discretion and/or in accordance with applicable law may voluntarily take down any content or information posted by you on the Platform and if We determine that any content or information is in violation of these Terms, We may remove such content or information from the Platform without notice. Such actions do not in any manner negate or dilute our position as an intermediary or impose any liability on Us with respect to content or information posted, published or transmitted by users on the Platform.

(iii) Notwithstanding anything contained herein these Terms, We may with or without notice and in our sole discretion be entitled to suspend, reduce visibility of the product listings, de-activate, or de-list any product listings or User’s account for any reasons, including without limitation, economic constraints, operational difficulties, financial implications, usage behaviour of the User on the Platform, performance of the User on the Platform, etc.

(iv) In the event a User becomes inactive or if no transaction is noticed by Us, in such a case We reserve our right to delist, deactivate or suspend a User’s account in our sole discretion, with or without giving any notice to the User.

(v) We reserve the right to cooperate fully with governmental authorities, private investigators, injured third parties in the investigation of any suspected criminal or civil wrongdoing and/or any third parties alleging a claim against you. Further, We may disclose the User's identity and contact information, if requested by any third- party, government or law enforcement body, an injured third-party, or as a result of a subpoena or other legal action.

8. LIMITATION OF LIABILITY AND INDEMNITY:

(i) To the maximum extent permitted by law, the Services provided by Us on or through the Platform are provided "as is", "as available" and “with all faults”, and We hereby expressly disclaim any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, and undertakings are hereby excluded.

(ii) To the maximum extent permitted by law, We make no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or accurateness of any information provided on or through the Platform; We do not represent or warrant that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the platform does not violate any third-party rights; and We make no representations or warranties of any kind concerning any products or services offered or displayed on the platform. Except as provided herein, to the fullest extent permissible by applicable law, the aggregate liability of NYN for any claims that may arise in connection with these terms shall not exceed an amount of INR 1000/-.

(iii) Under no circumstances will NYN be liable for any consequential, incidental, special, exemplary or punitive damages, including but not limited to any lost profits that result from your purchase of any products on platform or any services availed, even if We have been advised of the possibility of such damages.

(iv) While availing any of the payment method/s offered by NYN, NYN is neither responsible nor takes any liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:

a) lack of authorization for any transaction/s,

b) exceeding the preset limit mutually agreed by You and between your "Bank/s",

c) any payment issues arising out of the transaction, or

d) decline of transaction for any other reason/s.

9. FORCE MAJEURE:

Under no circumstances, NYN shall be held liable for any default, losses, delay or failure or disruption of the content or in the performance of its or User’s obligations under this Agreement, or services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, epidemics, pandemics, curfews, lock-down, orders of domestic or foreign courts or tribunals or non- performance of third parties.

10. INTELLECTUAL PROPERTY RIGHTS:

i. NYN is the sole owner or lawful licensee of all the rights and interests in the Platform and the Platform Content. All title, ownership and intellectual property rights in the Platform and Platform Content shall remain with NYN or licensors of the Platform Content, as the case may be. All rights not otherwise claimed under the Terms or by NYN are hereby reserved.

ii. "NYN " and any other related icons and logos are registered trademarks of NYN Internet Private Limited (or its licensors), in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

iii. NYN may, at its sole discretion, permit the User(s) of the Platform, in writing, to use “NYN” and any other related icons and logos for indicative purposes in the form and manner and terms and conditions as maybe agreed by NYN.

iv. All text, graphics, photographs, trademarks, logos, and artwork available or accessible on the Platform are third-party user generated content and NYN has no control over such third-party user generated content as NYN is merely an intermediary for the purposes of these Terms.

v. You shall be solely responsible for any content or information posted or transmitted on the Platform and shall indemnify NYN against any claim or liability arising from any content or information posted or transmitted by You on the Platform. Any content or information such as but not limited to images, text, videos posted or transmitted on the Platform shall be licensed to NYN by the User uploading such content and NYN shall have the worldwide, fully paid-up, perpetual and transferable license in such content or information for the purposes of its use on the Platform and for any purposes NYN deems fit. You shall not be entitled to any payment or compensation for any usage of the content by NYN.

11. NOTICES

(i) All notices or demands to or upon NYN shall be made in writing and sent to NYN personally, by courier or e-mail to the following address: Rajesh Corporation Compound, Opp Janta Lunch Home, Premier road , Kamani-Kurla West, Mumbai 400070, Attn: Legal Department. The notices shall be effective when they are received by NYN in any of the above-mentioned manner.

(ii) All notices or demands to or upon a User shall be effective if either delivered personally, sent by courier or registered email to the last-known correspondence or email address provided by the User to NYN, or SMS, WhatsApp messages, or in-app notifications, or by posting such notice or demand on an area of the Platform that is publicly accessible without a charge or through such other mode of communication as NYN may deem fit in its discretion. Notice to a User shall be deemed to be received by such User if and when, a) NYN is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or b) immediately upon NYN posting such notice on an area of the Platform that is accessible by the User or publicly accessible without charge.

12. MISCELLANEOUS PROVISIONS

(i) Unless otherwise communicated to you by NYN, the Terms constitute the entire agreement between User and NYN and govern the User’s use of the Platform and any of the Services. The Terms shall supersede any prior written or oral agreements that you may have had in relation to the use of the Platform and any of the Services.

(ii) Unless stated otherwise, We will be your one stop solution for all the services on the Platform with effect from 10th August 2023 (“Cut-Off Date”), and any new transactions on the Platform shall be governed by these Terms. It is clarified that, any transaction made by you on the Platform before the Cut-Off Date shall be governed by your arrangements with the relevant parties (i.e., third-party service providers) as existing prior to the Cut Off Date, i.e. WhiteOrange World Private Limited. The erstwhile terms of use are available here.

(iii) NYN and User are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by the Terms. The relationship between you and us is one of independent contractors, and nothing contained in these Terms will be construed to (a) give either party the power to direct and control the day-to- day activities of the other, (b) constitute the parties as partners, joint ventures, co-owners or otherwise as participants in a joint or common undertaking, or (c) allow you to create or assume any obligation on our behalf for any purpose whatsoever.

(iv) If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.

(v) NYN ’s failure to enforce any right or failure to act with respect to any breach by User under the Terms will not constitute a waiver of that right nor a waiver of NYN ’s right to act with respect to subsequent or similar breaches.

(vi) NYN shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of NYN). User may not assign, in whole or part, the Terms to any third-party or person.

(vii) The Terms shall be governed by the laws of India and the parties to the Terms agree to submit to the exclusive jurisdiction of the courts of Bangalore, Karnataka, India.

13. GRIEVANCE MECHANISM

(i) The User may submit any grievance with respect to the Platform or the Services, including with respect to any abuse on the Platform and/or any discrepancies or grievances with respect to processing of information to the Grievance Officer at the contact details mentioned in 12 below. We will endeavor to resolve your grievances and concerns within timelines as mentioned under applicable laws.

(ii) In accordance with the IT Act, 2000, and the rules thereunder, the name and contact details of the grievance officer are provided below:

Mr. Mayur Nandwana

Grievance Officer, NYN Internet Private Limited,

Rajesh Corporation Compound, Opp Janta Lunch Home, Premier road , Kamani-Kurla West, Mumbai 400070, Phone: 9820098200

E-mail: customersupport@thecandlestore.in

Time: Mon - Sat (9 AM - 6 PM)

14. This site is controlled and operated by NYN and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Platform is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

15. NYN respects the intellectual property of others. In case You feel that Your trademark has been infringed, You can write to us at customersupport@thecandlestore.in.

Notice of Infringement

NYN Internet Private Limited

_______________________

_______________________

I, [name] ____________________________ of [address] _________________________ do solemnly and sincerely declare as follows:

I am the owner of certain intellectual property rights, said owner being named __________________ ("IP Owner").

I have a good faith belief that the item listings or materials identified in the annexure attached hereto are not authorised by the above IP Owner, its agent, or the law and therefore infringe the IP Owner's rights. Please expeditiously remove or disable access to the material or products claimed to be infringing.

I may be contacted at: Name ___________________________________________________________

Title & Company ________________________________________________________

Address _________________________________________________________

Email (correspondence) ___________________________________________________

Telephone/Fax _____________________________________________________________

Date _________________________________________________________________ and I make this declaration conscientiously believing it to be true and correct.

Declared by ______________________________ on [date] ___________________________________

in [place]________ Truthfully,

Signature

Addendum to Notice of Infringement:

List of Allegedly Infringing listings or products

A Note on Reason Codes: When identifying item numbers please use the reasons below. When removing products from the site, NYN will inform Sellers of the specific reason for the removal of their products.

Select the most appropriate reason. Please associate each item you report with only one reason code.

Trademark-infringement

Trademark owner doesn't make this type of product or has discontinued the production of the product

Item(s) is an unlawful replica of a product made by the trademark owner or is counterfeit

Trademark-listing description infringement

Listing(s) has unlawful comparison to trademark owner's brand or product

Listing(s) contains unlawful use of trademark owner's logo

Copyright-item infringement

Software is being offered without any license or in violation of a license

Item(s) is a bootleg recording;

Item(s) is an unlawful copy (software, games, movies, etc.);

Item(s) is unlawful duplication of printed material

Item(s) is an unlawful copy of other copyrighted work (paintings, sculptures, etc.)

Copyright-listing content infringement

Listing(s) comprises unauthorized copy of copyrighted text

Listing(s) comprises unauthorized copy of copyrighted image

Listing(s) comprises unauthorized copy of copyrighted image and text

Reason Code: _____________________________________________________________

Work(s)

infringed: _________________________________________________________

Item Number(s): ___________________________________________________________

Note:

Please provide the ownership of Trademark (Trademark Registration Certificate should be in the name of applicant)

Please provide the evidence as to the ownership of copyright.

All such Notices of Infringement shall be sent to customersupport@thecandlestore.in.

Contacting the Seller We are committed towards ensuring that disputes between Sellers and Buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that a Buyer wishes to contact the Seller, he/ she may proceed to do so by accessing the Seller related information made available by the Sellers on their product listing pages. Alternatively, the Buyers may also reach out to customer support at customersupport@thecandlestore.in.

II. SPECIFIC TERMS:

These Specific Terms shall be read in conjunction with the General Terms and in the event of any conflict between the General Terms and Specific Terms, the provisions of Specific Terms shall supersede and prevail.

1. BUYER’S RESPONSIBILITES, REPRESENTATIONS AND WARRANTIES

i. You represent, warrant and agree that:

a. you are fully able and competent to understand and agree to the Terms;

b. you have full power and authority to accept the Terms, to grant the license and authorization (if applicable) and to perform the obligations hereunder;

c. purchases on the Platform must be for end consumption only. Buyers must not use products purchased on the Platform for any commercial, promotional, resale or further distribution purposes.

d. you shall comply with all applicable laws while using and accessing the Platform;

e. you shall be solely responsible for obtaining all necessary third party licenses and permissions (if any required) regarding any User Content that you submit, post or display;

f. any User Content that Buyer submits, posts or displays does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party.

ii. Buyer represents, warrants and agrees that:

a. such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Platform or any Services is true, accurate, current and complete; and

b. Buyer will maintain and promptly amend all information and material to keep it true, accurate, current and complete.

iii. Buyer may be required to promptly furnish additional documents or information as and when requested by NYN to continue using and accessing the Platform and availing the Services. Buyer agrees to promptly provide such additional documents and information, failing NYN reserves its right to take appropriate measures as set out under Clause 7 (Breaches and Suspension) of the General Terms.

iv. Buyer consents to the inclusion of the contact information about Buyer in NYN’s database and usage of the same as per NYN’s privacy policy.

2. PAYMENTS BY BUYERS

a. Upon placing the order on Platform, Buyer can opt to make payment for the Products purchased by using any of the modes of payment made available by us on the Platform, from time to time. However, it is pertinent to note and is hereby clarified that if the Buyer opts to make payments through any such mode made available by us or any third-party engaged by us for this purpose then we or the third-party engaged by us for the same shall only act in a fiduciary capacity.

b. Buyer acknowledges that it is solely responsible for the transactions / payments made to the Seller for the Products purchased by the Buyer. Buyer acknowledges and agrees that we are acting merely as a payment facilitator and shall take no responsibility as to the legality of any payment transaction between the Seller and the Buyer and do not collect, process, and remit any payments in respect to any payment transaction on the Platform. We do not have any obligation, responsibility or liability to verify any transactions authenticated and/or authorised by the Buyer or its payment instructions.

c. The payments for the orders received from the Buyer in the manner as set forth under the settlement process of Seller Terms. You hereby agree to be bound by the applicable provisions of the Seller Terms in this regard (which are deemed to be incorporated herein by reference) and agree not to raise any dispute with respect to the manner of settlement by NYN.

d. You hereby consent and agree to comply with guidelines, instructions, requests, etc., as maybe made by us or third-party banks or financial institutions, as the case may be or a payment system provider from time to time, in relation to making payments on the Platform.

e. Buyer hereby acknowledges and agrees that we shall not be liable for failure of any transaction undertaken on Platform for any reason whatsoever including but not limited to non- performance or omission or commission on the part of Seller, deficiency of service and/or Products delivered, technical errors on the Platform. You further acknowledge that we shall not be responsible, in any manner whatsoever, for any loss incurred by you for a failed / incomplete transaction undertaken by you on the Platform.

f. Raising disputes against Sellers does not automatically entitle the Buyer to a refund or replacement for the product purchased. NYN shall verify the disputes so raised and may process only such claims that are valid and genuine. In case of an occurrence of a chargeback event, the refund to the Buyer will be created on resolution of such disputes.

g. Buyer shall comply with all the applicable regulations/ laws in relation to cash transaction as stipulated under the applicable tax laws.

h. You, as a Buyer shall be entitled to claim a refund of the order price (as Your sole and exclusive remedy) as per the Return Shipments Policy and Undelivered Shipment Policy. Except for cash on delivery transactions, refund, if any, shall be made at the same issuing bank from where the order price was received, or through any other method available on the Platform, as chosen by You. For cash on delivery transactions, refunds, if any, will be made via electronic payment transfers (as per the bank account details shared by You).

i. If you avail service from any third party service provider using the Platform, upon receipt of instruction from such third party service provider, you agree and authorise us to remit and settle such collected payments (after deduction of our fees (if any) and any other charges or taxes applicable under tax laws) to the designated bank account of the third party service provider within such timelines as mentioned in the settlement process of Seller Terms. You agree and acknowledge that no separate authorisation will be required by us to collect and transfer payment to such third-party service provider.

j. As required by applicable law, if the Buyer makes a purchase of an amount equal to or above INR 2,00,000/- (or such other limit specified by the applicable law), the Buyer will be required to upload a scanned copy of his/her PAN card on the Platform, within four (4) days of making the purchase, failing which, the purchase made by the Buyer may be cancelled by NYN. The requirement to submit the PAN card arises only once and if it has been submitted already by the Buyer, it need not be submitted again. The order of the Buyer shall stand cancelled if there is a discrepancy between the name of the Buyer and the name on the PAN Card.

k. You are expected to treat all delivery partners of NYN (or its third-party logistics partner (LSP)) with courtesy and respect. Without prejudice to any rights under the applicable laws, we reserve the right to withhold access to the Platform and otherwise limit Your access to the Platform at Our absolute discretion if You behave towards any delivery partner working with NYN / LSP in a manner which is discourteous, disrespectful, or abusive, or which otherwise may be deemed to be inappropriate or unlawful.

3. SERVICES:

a. TCS Extended Warranty

Plan You may subscribe / purchase on the Platform, within the permitted purchase window, the Extended Warranty Plan for availing the extended warranty on the select products sold on the Platform, on the terms and conditions communicated to You. In case you subscribe to this Plan, You shall be required to pay a specified subscription amount. You agree to abide by such other terms and conditions and such additional terms shall be read as a part of these Terms

b. Exchange Offer

NYN may from time to time and at its sole discretion, facilitate exchange offers, made available by third party exchange partners to enable the Buyers to exchange their pre-owned products against their purchases on the Platform, on the terms and conditions communicated to You. You agree to abide by such other terms and conditions and such additional terms shall be read as a part of these Terms.

c. Buyback Plan

NYN may from time to time and at its sole discretion, facilitate buyback plans, by third party partners, from time to time, on the Platform to enable the Buyers to offer the products purchased on the Platform for buy back by such third-party partner(s) on the terms and conditions communicated to You. You agree to abide by such other terms and conditions and such additional terms shall be read as a part of these Terms.

d. Video Assisted Shopping

Buyers may choose to avail the video assisted shopping feature offered by select Sellers on the Platform. With this feature, the Buyers will be able to hold live video calls with these Sellers to ask about the product at hand and receive real time answers.

e. NYN may provide such other additional services, from time to time, on such terms and conditions as may be communicated from time to time.

4. UNDELIVERED SHIPMENT:

You acknowledge that a delivery failure may occur for various reasons, as set out under the Undelivered Shipment Policy. In relation to the Undelivered Shipments (as defined under the Undelivered Shipment Policy), you agree to be bound by the provisions of the Undelivered Shipment Policy which can be accessed here.

5. RETURNS:

In case of any return request (as defined under the Return Shipments Policy), you agree to be bound by the provisions of the Return Shipments Policy which can be accessed here.

6. FEES AND CHARGES:

NYN may charge a nominal fee for browsing and making purchases using the Platform. NYN reserves the right to change its fee from time to time. In particular, NYN may at its sole discretion introduce new services/fees and modify some or all of the existing services/fees offered on the Platform. In such an event, NYN reserves the right to introduce fees for the new services offered or amend/introduce fees for existing/new services, as the case may be. Changes to the fee shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to NYN Internet Private Limited.

7. LIMITATION OF LIABILITY AND INDEMNITY:

We shall not have any liability whatsoever for any claims arising from: (a) any of your acts or omissions; (b) compliance with the instructions given by you or any person acting on your behalf; (c) an act or order of any government authority; (d) the insufficiency of the packing or labelling of Shipment; (e) the nature, description, or contents of the Shipment; (f) any force majeure event; (g) any cause which we could not avoid and the consequences whereof we could not prevent by the exercise of reasonable diligence; and/or (h) any dispute or claims between the Seller and the Buyer including without limitation relating to the Shipment or Products hereunder.