Terms & Conditions

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

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

These Terms of Use of the website located at the URL www.notebookwala.com (the Website) is between McCoy Inc. (hereinafter referred to as “McCoy Inc.” or “notebookwala” or “We” or “Us” or “Our”) and the guest users or registered users of the Website (hereinafter referred to as “You” or “Your” or “Yourself” or “User”) describe the terms on which notebookwala offers You access to the Website and such other services as are incidental and ancillary thereto (“Services”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE.

General :
A: These Terms of Use are subject to revision by McCoy Inc. at any time and hence the Users are requested to carefully read these Terms of Use from time to time before using the Website. The revised Terms of Use shall be made available on the Website. You are requested to regularly visit the Website to view the most current Terms of Use. In the event such a facility is provided on the Website, You can determine when Notebookwala last modified any part of the Agreement by referring to the “Last Updated” legend provided in that document. It shall be Your responsibility to check these Terms of Use periodically for changes. Ntebookwala may require You to provide Your direct or indirect consent to any update in a specified manner before further use of the Website and the Services. If no such separate consent is sought, Your continued use of the Website and/or Services, following such changes, will constitute Your acceptance of those changes.

B: If there is any conflict:
(i) between the Privacy Policy and any other Agreement, the Privacy Policy shall take precedence’ but only to the extent of the conflict;
(ii) between these Terms of Use and any other notices, disclaimers or guidelines appearing on the Website, these Terms of Use shall take precedence but only to the extent of the conflict.

Service:
1 The Website is an electronic platform in the form of an electronic marketplace and an intermediary that (a) provides a platform for Users (who are sellers) to advertise, exhibit, make available and offer to sell various Products to other Users (who are buyers / customers), and
2 a platform for such other Users to accept the offer to sell of the Products made by the sellers on the Website and to make payments to the sellers for purchase of the Products, and
3 services to facilitate the engagement of buyers and sellers to under commerce on the Website, and
4 such other services as are incidental and ancillary thereto. The Services are offered to the Users through various modes which may include issue of coupons and vouchers that can be redeemed for various Products.

Eligibility of Use:
1 The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Notebook system by Notebook for any reason whatsoever. If You are disqualified as per the preceding sentence, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, please read through these Terms of Use with your parent or legal guardian, and in such a case these Terms of Use shall be deemed to be a contract between Notebook and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.
2 Notebook reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
3 You shall not have more than one active Account (defined hereunder) on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person.

User Account & Password:
1 You may access and use the Website and the Services either as a registered user or as a guest user. However, not all sections of the Website and Services will be accessible to guest users.
2 Registered users: Notebook makes certain sections of the Services available to You through the Website only if You have provided Notebook certain required User information and created an account and a Notebook ID through certain log-in ID and password (“Account”).

In the event You register as a User by creating an Account in order to avail of the Services provided by the Website, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Notebook of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Notebook cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by Notebook or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.

You shall ensure that the Account Information provided by You in the Website’s registration form is complete, accurate and up-to-date. Use of another user’s Account Information for availing the Services is expressly prohibited.

If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Notebookwala has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Notebookwala has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).

Payments:
A : You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/debit card or pre-paid instrument account. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account. Notebookwala expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card or pre-paid instrument account.

B: For Your making payments for buying the Products on the Website, in addition to the Agreement(s), the terms and conditions of Your bank, applicable financial institution and/or card issuing association may also be applicable to You. Your bank, financial institution or card issuing association may decline or prevent You from making electronic payments for buying the Products on Website and Notebookwala does not control the same and shall be liable for the same.

Governing Law and Jurisdiction
A: These Terms of Use and all transactions entered into on or through the Website and the relationship between You and Notebookwala shall be governed in accordance with the laws of India without reference to conflict of laws principles.

B: You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, these Terms of Use, the Agreement(s) or any transactions entered into on or through the Website or the relationship between You and Notebookwala shall be subject to the exclusive jurisdiction of the courts at New Delhi, India and You hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against a party if given as provided herein.

Report Abuse and Take Down Policy: In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Website, or if You believe your intellectual property rights have been violated in any manner through the Website, please refer to the Notebookwala Report and Take Down Policy available at www.notebookwala.com under “Policy Info” section.

Communication: When You use the Website or send emails or other data, information or communication to Notebookwala, You agree and understand that You are communicating with Notebookwala through electronic records and You consent to receive communications via electronic records from Notebookwala periodically and as and when required. Notebookwala will communicate with You by email or by notices on Website or electronic records on the Website or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.

Feedback and Information:

A: Any feedback You provide to this Website shall be deemed to be non-confidential. Notebookwala shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that
(i) Your feedback does not contain confidential or proprietary information of You or of third parties;
(ii) Notebookwala is not under any obligation of confidentiality, express or implied, with respect to the feedback
(iii) Notebookwala may have something similar to the feedback already under consideration or in development; and
(iv) You are not entitled to any compensation or reimbursement of any kind from Notebookwala for the feedback under any circumstances.

B: To clarify, Notebookwala may at its discretion, make any modifications or changes to the Website, Content and / or Services on the basis of such feedback, however Notebookwala shall not be obliged to do so. Further, in the event that Notebookwala makes any changes or modifications to the Website, Content and / or Services on the basis of any such feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Website, Content and / or Services. You expressly waive any and all rights in such changes or modifications to the Website, Content and / or Services, and assign to Notebookwala, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Website, Content and / or Services, in perpetuity. You hereby waive all rights under Section 19(4) of the Indian Copyright Act, 1956, or other similar provisions in laws of any jurisdiction, in relation to any such changes or modifications to the Website, Content and / or Services.