Welcome to the Novaplay. All products and related brands are provided by their respective publishers, subject to the following terms and conditions (the "Purchase Terms").
SECTION 10 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT.
1. Your Account
In order to place orders with the Novaplay, you may need to create a user account on the Novaplay Store (an "Account"). Please be advised that this Account is completely separate from any other user accounts you may hold with any publisher properties, like your Steam account or your League of Legends game account. You are solely responsible for all activity on your Account and for the security of your computer system. You may not reveal, share or otherwise allow others to use your password or Account. You agree that you are personally responsible for the use of your password and Account and for all of the communication and activity on Novaplay that results from use of your login name and password.
NovaPlay reserves a right to block users.
2. Ordering Goods
You must place orders at the Novaplay using one of our supported payment methods. You must be 18 years of age or older. If you are under the age of 18, you must have permission from your parent or legal guardian to order. When you provide payment information to Novaplay, you represent to Novaplay that you are the authorized user of the means of payment that is used to pay for Goods and authorize Novaplay to charge your account for any purchase prices and related costs incurred by you. Your submission of an order constitutes you are legally entering into a purchase agreement with us. In addition to all other rights available to Novaplay including those set forth in these Purchase Terms, Novaplay reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.
You agree that the goods you purchase shall be meant only for end level consumption and not for re-selling purposes. NovaPlay reserves the right to take legal action in case the products are found to be used for any purpose other than end use like re-selling online or offline or stocking using fraudulent means, emails and domains.
3. Pricing and Payment
Charges for shipping, handling and domestic sales tax may not be included in displayed prices for Goods but will be displayed during the purchase process. Shipping and handling charges displayed at the Novaplay may or may not reflect the actual charges paid by Novaplay.
Upon submission of your order, you will be sent an email confirmation about your order. This email will provide you with the items ordered and your total order cost, including shipping fees, and domestic sales tax where applicable. When your order ships, we will send you another email to notify you that we shipped your order. This email will include shipping method and tracking number (if applicable). Should there be any deficiencies with your order that prevent Novaplay from processing it, you will be notified by email or a phone call with the specifics of the problem, and any actions required to process your order. Orders are usually processed within 2-3 business days of placing the order. Additional credit card or address verification may delay order processing. Note: All prices listed are in INR.
This is a shipment agreement. All Goods will be shipped from our Gurgaon warehouse, unless Novaplay designates otherwise on the Novaplay Store in connection with a particular order. Novaplay's liability as to delivery ceases, and title and risk of loss for the Goods will pass upon Novaplay's delivery of the Goods to a transportation carrier at the designated shipping point. If you pick up the Goods from Novaplay's place of business, title to and risk of loss will pass to you when Goods are placed at your disposal. Novaplay does not accept orders to ship to a P.O. Box.
6. Evaluation and Acceptance.
You will have a period of seven (7) days after the date of receipt of any Goods to examine the Goods to confirm that they conform to these Purchase Terms and the offer for such Goods presented to you at the Novaplay. If the Goods do not conform to these Purchase Terms and the offer for such Goods presented to you at the Novaplay, you may reject the Goods by returning them to Novaplay (at your expense) along with a copy of the receipt or other proof of purchase. Additional policies and instructions for returning defective Goods to Novaplay can be found at our REFUNDS page. After Novaplay has received your valid return, Novaplay will, within a reasonable time and in Novaplay's sole discretion; repair the Goods, replace the Goods with an equivalent item, credit to the credit card used to pay for the product the amount paid for the Goods, or provide another remedy that Novaplay determines in good faith is appropriate in the circumstances. All claims whether based on contract, negligence, strict liability or otherwise are waived unless made in writing and received by Novaplay within seven (7) days after your receipt of Goods. All returns require a Return Merchandise Authorization (RMA) from Novaplay's Customer Service Department. Please go to this link for more information, please check Refunds page or email to e-commerce@Novaplay.in to contact Customer Service. YOU ACKNOWLEDGE AND AGREE THAT WITH REGARD TO ANY GOODS YOU PURCHASE VIA THE Novaplay Store, THE REMEDIES SET FORTH IN THIS SECTION ARE YOUR EXCLUSIVE REMEDIES.
7. DISCLAIMERS; LIMITATION OF LIABILITY; NO GUARANTEES
Novaplay AND ITS AFFILIATES AND SERVICE PROVIDERS EXPRESSLY DISCLAIM (I) ANY WARRANTY FOR THE GOODS, AND (II) ANY COMMON LAW DUTIES WITH REGARD TO THE GOODS, INCLUDING DUTIES OF LACK OF NEGLIGENCE AND LACK OF WORKMANLIKE EFFORT. THE GOODS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, "WITH ALL FAULTS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312 OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED. ALSO, THERE IS NO WARRANTY OF TITLE, NON-INTERFERENCE WITH YOUR ENJOYMENT, OR AUTHORITY IN CONNECTION WITH THE GOODS. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. B. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Novaplay, ITS LICENSORS, NOR ITS OR THEIR AFFILIATES, NOR ANY OF NOVAPLAY SERVICE PROVIDERS, SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE THE GOODS INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL NOVAPLAY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS, OR THE DELAY OR INABILITY TO USE THE GOODS, EVEN IN THE EVENT OF NOVAPLAY'S OR ITS AFFILIATES' FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF BNOVAPLAY WARRANTY AND EVEN IF NOVAPLAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE RECOMPENSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS,NOVAPLAY, ITS LICENSORS, AND ITS AND THEIR AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
8. Delivery of Goods
Delivery of Goods generally takes 1-2 weeks. Please consider, however, the following factors that will affect when your order will be shipped or received: Product availability (out of stock or future ship item) - Delivery destination. Shipments and deliveries are made during business days only (no weekend delivery) Orders placed on Tuesdays will be shipped on the next day since Novaplay is closed on Tuesday.. Weekends should not be included in calculating arrival time. If you ordered multiple items, we retain the option to hold your shipment until all items are in stock. Novaplay reserves the option to select the best shipping carrier based on delivery destination. Shipping costs will be adjusted as appropriate. You will be notified of any such changes and have the option to change or cancel your order prior to shipping. Our carriers may deem a package undeliverable for one of the following reasons: Incorrect Address. If the address is incorrect, incomplete, or outdated, the carrier or the unintended recipient typically returns the package to us. Please double-check your address carefully when placing a new order. Failed Delivery Attempts: Most of our carriers make three attempts to deliver a package. If no one is present to accept the delivery after three attempts, the package will either be returned to us (Domestic Address) or destroyed by the shipper. Refused by Recipient. If you are sending your order as a gift and the recipient is not expecting it, they may refuse the package if they believe it was sent to them in error. Also, if other people live at your address, you may want to let them know that a package is arriving so a roommate or family member does not refuse it. In the event a package is returned to us your account will be credited, minus any tax and shipping charges. In the event a package is destoyed by the Shipper after no response from the customer, Novaplay will not be responsible for it.
9. Applicable law / Jurisdiction
You agree that this Agreement shall be deemed to have been made and executed in the Punjab and Haryana High Court, and any dispute arising hereunder shall be resolved in accordance with the law of India. Subject to Section 10 (Dispute Resolution/Binding Arbitration/Class Action Waiver) below, you agree that any claim asserted in any legal proceeding by you against Novaplay shall be commenced and maintained exclusively in any state or federal court located in Haryana, having subject matter jurisdiction with respect to the dispute between the parties and you hereby consent to the exclusive jurisdiction of such courts. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys' fees and expenses.
10. DISPUTE RESOLUTION/BINDING ARBITRATION/CLASS ACTION WAIVER
Most user concerns can be resolved by contacting our customer care at ecommerce@Novaplay.in If we are unable to resolve your concerns and a dispute remains between you and Novaplay, this Section explains how we agree to resolve it. YOU AND Novaplay AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US IN INDIVIDUAL BINDING ARBITRATION. THAT INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIMS ARISING OUT OF OR RELATING TO: (i) ANY ASPECT OF THE RELATIONSHIP BETWEEN US; (ii) THIS AGREEMENT; OR (iii) YOUR USE OF NOVAPLAY, YOUR ACCOUNT OR THE GOODS. IT APPLIES REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, STATUTE, FRAUD, UNFAIR COMPETITION, MISREPRESENTATION OR ANY OTHER LEGAL THEORY. However, this Section does not apply to the following types of claims or disputes, which you or Novaplay may bring in any court with jurisdiction: (i) claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief; and (ii) claims related to or arising from any alleged unauthorized use, piracy or theft. This Section does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from us for you. An arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU AND Novaplay ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY. You and Novaplay agree to make reasonable, good faith efforts to informally resolve any dispute before initiating arbitration. A party who intends to seek arbitration must first send the other a written notice that describes the nature and basis of the claim or dispute and sets forth the relief sought. If you and Novaplay do not reach an agreement to resolve that claim or dispute within 30 days after the notice is received, you or Novaplay may commence an arbitration. Written notice to Novaplay must be sent via postal mail to: Novaplay, 1004, Ivory Court 1, Essel Towers, M.G Road, Gurgaon, Haryana 122002. The Federal Arbitration Act applies to this Section. The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where applicable, the AAA's Supplementary Procedures for Consumer Related Disputes, as modified by this Agreement, both of which are available at http://www.adr.org. The arbitrator is bound by the terms of this Agreement. The AAA will administer the arbitration. It may be conducted through the submission of documents, by phone, or in person in the county where you live or at another mutually agreed location. If you seek $10,000 or less, Novaplay agrees to reimburse your filing fee and your share of the arbitration costs, including your share of arbitrator compensation, at the conclusion of the proceeding, unless the arbitrator determines your claims are frivolous or costs are unreasonable as determined by the arbitrator. Novaplay agrees not to seek its attorneys' fees or costs in arbitration unless the arbitrator determines your claims are frivolous or costs are unreasonable as determined by the arbitrator. If you seek more than $10,000, the arbitration costs, including arbitrator compensation, will be split between you and Novaplay according to the AAA Commercial Arbitration Rules and the AAA's Supplementary Procedures for Consumer Related Disputes, if applicable. YOU AND Novaplay AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE ARBITRATION, EVEN IF AAA's PROCEDURES OR RULES WOULD OTHERWISE ALLOW ONE. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT OF THAT PARTY'S INDIVIDUAL CLAIM. You and Novaplay also agree not to seek to combine any action or arbitration with any other action or arbitration without the consent of all parties to this Agreement and all other actions or arbitrations. If the agreement in this Section not to bring or participate in a class or representative action, private attorney general action or collective arbitration should be found illegal or unenforceable, you and Novaplay agree that it shall not be severable, that this entire Section shall be unenforceable and any claim or dispute would be resolved in court and not in collective arbitration. Notwithstanding this Section, you have the right to litigate any dispute in small claims court, if all the requirements of the small claims court, including any limitations on jurisdiction and the amount at issue in the dispute, are satisfied. This Section 10 shall apply to the maximum extent permitted by applicable law. If the laws of your jurisdiction prohibit the application of some or all of the provisions of this Section notwithstanding Section 9 (Applicable Law/Jurisdiction), such provisions will not apply to you.
In the event that any provision of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this Agreement shall remain in full force and effect. This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. Novaplay's obligations are subject to existing laws and legal process and Novaplay may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term. You agree to comply with all applicable import/export laws and regulations. You agree not to allow use of your Account by individuals of any terrorist supporting countries to which encryption exports are at the time of exportation restricted by the Indian Bureau of Export Administration. You represent and warrant that you are not located in, under the control of, or a national or resident of any such prohibited country.
12. COMMUNITY – Content Guidelines
You agree to take full responsibility for the content and information (including and not limiting to status messages, comments, photos, videos etc.) that you upload on NovaPlay.