TERMS & CONDITIONS

“ www.mynxm.com” (hereinafter, the “Website”) is owned and operated by the registered company NXM® and and SFStudio, a Proprietorship company, having its principal place of business at 30/31, 1st Main Rd, 5th cross, Netajinagar, Hebbal Kempapura, Bengaluru, Karnataka 560024, India,

You are advised to read and understand these Terms carefully as moving past the home page, or using any of the services shall be taken to mean that You have read and agreed to all of the policies, which constitute a legally binding agreement between you and the website. These terms are to be read along with the Privacy Policy and any other policies on the website.

This document is an electronic record under the laws of India which require publishing of Rules and Regulations, Privacy Policy and Terms of Service for access or usage of the website and being generated by a computer system, it does not require any physical or digital signatures.

For the purpose of these Terms of Use, along with any amendments to the same, and wherever the context so requires “You”, “Your” or “User” refer to the person visiting, accessing, browsing through and/or using the Website at any point in time. The term “We”, “Us”, “Our” shall mean and refer to the website and/or the company, depending on the context.

The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.

We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Website or avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Website is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.1.       Use of the Site

1.1 You must be 18 years of age or older to use the Site.

1.2 You agree to use the Site for lawful purposes only and in accordance with these Terms.

1.3 You agree not to use the Site for any unlawful or prohibited activity, including but not limited to:

(a) Harassing or harming any other user of the Site;

(b) Using the Site to infringe upon the intellectual property rights of others;

(c) Posting or transmitting any content that is obscene, defamatory, or otherwise offensive;

(d) Using the Site to distribute viruses or other harmful computer code;

(e) Attempting to gain unauthorized access to any portion of the Site or its related systems or networks.

1.4 You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site, use of the Site, or access to the Site.

1.5 The Company may, in its sole discretion, terminate or suspend your access to all or part of the Site at any time and for any reason.

  1. Intellectual Property

2.1 The Site and its content, including but not limited to text, graphics, logos, images, and software, are the property of the Company or its licensors and are protected by copyright, trademark, and other intellectual property laws.

2.2 You may not reproduce, distribute, or create derivative works of the Site or its content without the Company’s prior written consent.

  1. Products

3.1 The Site offers a variety of ready sewing patterns and sewing essentials for purchase.

3.2 The Company makes every effort to ensure that product descriptions, images, and pricing are accurate, but does not guarantee the accuracy of such information.

3.3 The Company reserves the right to modify or discontinue any product at any time without notice.

  1. Payment

4.1 Payment for products purchased on the Site must be made at the time of purchase.

4.2 Payment may be made using a valid credit or debit card.

4.3 The Company reserves the right to cancel any order or refuse service to anyone for any reason at any time.

  1. Shipping

5.1 The Company will ship products to the shipping address provided at the time of purchase.

5.2 The Company is not responsible for any delays or errors in shipping caused by the carrier.

5.3 The Company is not responsible for any customs fees, taxes, or other charges that may be imposed on shipments to countries outside of the United States.

  1. Returns and Refunds

6.1 The Company does not accept returns or offer refunds for digital products.

6.2 Physical products may be returned within 30 days of purchase for a refund, provided they are in their original packaging and in new, unused condition.

6.3 The customer is responsible for the cost of return shipping, unless the product is defective or was shipped in error.

  1. Disclaimer of Warranties

7.1 The Site and its content are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

7.2 The Company does not warrant that the Site or its content will be uninterrupted or error-free, or that defects will be corrected.

  1. Limitation of Liability

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE/NXM INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF SERVICE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.

IN NO EVENT SHALL WEBSITE, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE VENDOR OR THE USER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

  1. COMPLIANCE WITH LAWS

All users shall comply with all the applicable laws applicable to them respectively for using the payment facility and the website within INDIA or outside.

  • DISPUTES AND JURISDICTION

All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.

  1. Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the NXM reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
  2. Stage 2: Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Bangalore, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.

If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts at Bangalore, India.

  • MISCELLANEOUS PROVISIONS
  1. Entire Agreement: The terms and conditions set forth in this Section 3 and any additional or different terms expressly agreed by Vendor and the User shall constitute the entire agreement and understanding of the Vendor and User with respect to each service and shall cancel and supersede any other prior or contemporaneous discussions, agreements, representations, warranties, and/or other communications between them. Notwithstanding the foregoing, the Vendor and USer shall always remain subject to the terms of the Website user Agreement.
  2. Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party’s right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
  3. Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
  • Contact Us

If you have any questions about this Agreement, the practices of the Website, or your experience with the Service, you can e-mail us at support@mynxm.com.