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| Terms of Use |
We recommend that you carefully go through our Terms of Use, to better understand the different features of our service, and information about our Website.
Acceptance of Terms of Use
These "Terms Of Use" govern your use of the Nutty Newton Website hereinafter referred to as "Website". The Website is owned and operated by Nutty Newton Enterprises (hereinafter referred to as "Nutty Newton") and is offered to you (hereinafter referred to as "Member") as per your agreement with and acceptance of this document (hereinafter referred to as "Membership"). By clicking the box entitled "I Have Read and Accept the Terms of Use" as part of the registration process, Members accept all items in the Terms of Use and agree to abide by and be legally bound by the Terms of Use.
By browsing through the Website, you agree to abide by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Website.
These Terms of Use are an ongoing contract between you and Nutty Newton and apply to your use of the Website. These Terms of Use affect your rights and you should read them carefully.
Changes to terms of Use
Nutty Newton reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" located at the bottom of the pages of the Website. The most current version of the Terms of Use will supersede all previous versions. Your use of the Website after changes are made means that you agree to be bound by such changes.
Privacy
Any information submitted on the Website is subject to our Privacy Policy. Please review our Privacy Policy to understand our practices (located at the bottom of the pages of the Website)
Important Terms
We deliver only once a week. The day of the week will be fixed by us and depend on the area you are located. If you want delivery rescheduled for whatever reason, we will endeavor to accommodate but cannot provide any guarantee that it shall be done.
Renewal of Items
You may renew any or all of the items delivered to you, provided they are available and not requested by some other member. A renewal request should be made at least 2 working days prior to your delivery date. A renewal of item will be accounted for the same way as if you were taking a new item for that week and will be counted towards your weekly entitlement.
Delivery and Return of Items
We will provide a weekly delivery and return service. The specific day of the week shall be determined by us depending on which area you reside in. Should you decide to not avail of deliveries for that specific week for whatever reason, the unused service cannot be carried forward and will deemed to have lapsed.
Late Fees
While there are no late fees payable, you cannot decide at your own behest to renew an item without explicit permission from Nutty Newton or decide to not return any or all of the items when our collection person comes to collect the items. In such events you shall be charged a fine plus the actual cost of the item which you have forcibly retained.
Damage or Loss
All items being rented by you are the property of Nutty Newton and rented to you for specific time periods for your use. If they are damaged by you or anybody else while it has been rented to you, you shall be liable for the damage caused. An amount shall be charged depending on the extent of damage / loss caused. If the damage / loss of items on your account becomes excessive, we may suspend and review your account. The cost of the damage / loss shall be deducted from your Security Deposit which will have to be topped up by you again within 5 working days failing which your account shall be suspended.
Termination / Cancellation
Nutty Newton reserves the right to terminate / cancel your membership at its sole discretion without providing any reason whatsoever.
If any member decides to terminate its membership, it may do so by providing a written/email request stating that they wish to terminate their membership. No refund shall be given for any unused time period.
Refund of Security Deposit
After termination / cancellation of your membership, the Security Deposit shall be returned after receipt of all items in the possession of the member, in satisfactory condition. The Security Deposit shall be returned in 7 working days from the time of receipt of all items in satisfactory condition.
Your Wish Your WisList
Items that you select to rent will be placed into your own rental wish list. You may add items or adjust the wish list at any time. You must have at least 20 items in your wish list. You are required to put the items in order of your preference. We will determine which items to send to you, based on the priority assigned in your wish list. We will make every effort to send you the highest available items in your wish list, but in case items are not available, you may also be sent items which are lower in your wish list. Adjustments that you make to the wish list may not be accommodated in the very next delivery if the delivery had already been processed, but it will impact future deliveries.
Allocation, Delivery and Return of Rented Item(s)
We reserve the right to allocate and deliver items among our subscribers in any manner that we, in our sole and absolute discretion, determine. In addition, we will, in our sole and absolute discretion, determine the quantity of items we purchase for any particular title and the level of staffing and number of deliveries to be processed at each distribution centre. As a result, we may not always send you the top choices from your wish list, and we may not deliver out your next item(s) on the same day that we receive one from you. At present, our goal is to deliver you the item(s) at the same time that we are picking up items delivered in the preceding time period. In certain instances, your next available item(s) will not be delivered until at least one business days following our receipt of your returned item(s). We reserve the right and sole and absolute discretion to change our business practice regarding allocation, delivery and returns, without notice.
Other factors that may affect delivery times, include, but are not limited to, (i) the distance between the distribution centre and your delivery address, (ii) the timing of your placement or adjustment of items in your wish list. We do not process returns or deliveries on National Holidays.
Nutty Newton reserves the right to request return of any and all item(s) in the possession of Members at any time. Members understand and agree to promptly return any item(s) to Nutty Newton upon request, and that failure to do so within five days of the request makes Members liable for the cost of those item(s) plus 50% of that cost as a handling charge, for which Nutty Newton reserves the right to charge the Member's refundable security deposit.
Membership and Billing
You can find and amend the specific details regarding your subscription with Nutty Newton at any time after logging in and by clicking on the “My Account” link, located at the top of the pages of the Website. While your contact email address can change, the email id that you use initially while registering is the Username and cannot be changed.
Payment of subscription, Upgrade and Renewal
Nutty Newton offers payment via Cash on Delivery and Credit/Debit card. Nutty Newton does not debit your card without your knowledge and each time when your membership period is coming to an end Nutty Newton shall send you an email intimation of the same to remind you to make payment via any of the available methods of payment to renew your membership. You may also upgrade your membership to a higher plan anytime however downgrades are only possible when the current period paid for has ended. All rates are charged on a weekly basis. All fees and charges are non-refundable and there are no refunds or credits for partially used periods. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email.
Damaged Items
All item(s) sent to you have been checked to be in a good condition prior to dispatch. Upon receipt of the item(s), you must ensure that the same is in good condition. Any anomaly, if found, must be reported to our courier executive. Failure to check and/or report the same will be constituted as your having received an item in good condition. Once we receive the item(s) back, our staff at the centre will check it to ensure they are received in satisfactory condition. We have the right to inform you of any discrepancies within three business days after we have received back the item(s).
In the event of an item being damaged, we will email you, and intimate you about the same. The determination of an item being “damaged” will be at the sole discretion of Nutty Newton. Accordingly, we will charge you for the same (depending on the category of the item). All such damage charges will be chargeable against your refundable security deposit. A top-up of the refundable security deposit will be required by the due date of the next delivery cycle, failing in doing so may result in termination of your membership. The Website and its contents are provided "as is" and we make no representations or warranties of any kind with respect to the Website, its contents or our service. We assume no liability or responsibility for any errors or omissions in the content of the Website, any failures, delays, or interruptions in the shipment of item(s), delivery of any content contained on the Website, any losses or damages arising from the use of the content provided on the Website, or any conduct by users of the Website. We reserve the right to ship item(s) in our sole and absolute discretion. We disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.
In no event shall Nutty Newton, its shareholders, directors, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the Website, its contents or our service. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
Intellectual Property Copyright
All content included on the Website and delivered to subscribers as part of the service, including item(s), text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of Nutty Newton, or its suppliers and is protected by the Indian and international copyright laws. The compilation of all content on this site is the exclusive property of Nutty Newton, and protected by the Indian and international copyright laws. Content shall not be reproduced or used without express written permission from Nutty Newton, or its suppliers. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website, not to insert any code or product or manipulate the content of the Website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. Nutty Newton reserves the right to terminate your membership hereunder if Nutty Newton, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the photo copying of item(s) rented to you by us or the copying or other unauthorized use of our proprietary content. Nutty Newton does not promote, foster or condone the photocopying of item(s) or any other infringing activity. The use of item(s) rented to you by us is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content on the Website.
Trademarks
“Nutty Newton” is a trademark of Nutty Newton. The Nutty Newton logo, nuttynewton.com, are trademarks or service marks of Nutty Newton. The Website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Nutty Newton. The trademarks, service marks and trade dress of Nutty Newton may not be used or reproduced without prior written approval from Nutty Newton, and may not be used in connection with any product or service that is not affiliated with Nutty Newton, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Nutty Newton, or in any manner that disparages or discredits Nutty Newton. Other trademarks that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Nutty Newton. Any images of persons or personalities contained on the Website are not an indication or endorsement of Nutty Newton or any particular product or our service unless otherwise indicated.
Entertainment and Website Content
We provide a service to rent items as well as purchase items. We reserve the right to display and promote the information on our Website to you in any manner we choose in our sole and absolute discretion. In addition, the Website allows you and other third parties to post reviews or comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Website are those of the respective authors and not of Nutty Newton, the Proprietor or its employees. Under no circumstances shall Nutty Newton, the proprietor or employees be held liable for any loss or damage caused by your reliance on information obtained through the Nutty Newton Website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Nutty Newton Website.
Use of Information submitted
Nutty Newton is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to Nutty Newton ("Content"), including, without limitation, responses to questionnaires or through postings to the Website without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Website and its service. Furthermore, by posting any Content on our site, submitting Content to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Content submitted in any media, software or technology of any kind now existing or developed in the future. Please note Nutty Newton does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Nutty Newton. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against Nutty Newton and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
Electronic Communications
By using the Website, you consent to receiving electronic communications from Nutty Newton. These communications will include notices about your account (e.g., shipping and receiving e-mails and other transactional information) and information concerning or related to our service, such as featured films or other entertainment information or offerings. These communications are part of your relationship with Nutty Newton and you receive them as part of the Nutty Newton subscription. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Your conduct on the Website & Limitation of Use
By accessing the Website, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website. You also agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website, the terms of which are incorporated herein. You also agree not to impersonate any other person while using the Website, conduct yourself in a vulgar or offensive manner while using our service, or use the Website for any unlawful purpose.
Links
Some of the hyperlinks and banners on the Website may lead to other Websites that are not controlled by, or affiliated with, Nutty Newton. In addition, other websites may link to the Nutty Newton Website. Nutty Newton has not reviewed these Websites and is not responsible for the content or privacy policies of these Websites.
Claims of Copyright Infringement
It is the policy of Nutty Newton to respect the intellectual property rights of others. Nutty Newton does not promote, foster or condone the photocopying of item(s) or any other infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the Website, or know of someone who is making unauthorized use of the content of the Website, please notify us of your concern by submitting a written notice to us at the following address:
Nutty Newton Enterprises, 98/7A Harish Mukherjee Road, Kolkata – 700025.
Your notice must be signed and contain the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material on the Website that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf |
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