Terms of Sale

Next Private Limited

Welcome to the online store (the “Store”) provided by Next Private Limited (“Next”). Your purchase of products (“Products”) and/or subscription services (“Subscription Services”) from the Store constitutes your agreement to be bound by these terms and conditions of sale (“Terms & Conditions”) and any additional terms and conditions we provide, including but not limited to our Terms of Service or our EULA or our terms of a Limited Warranty, which one or more may be included in-box with a Next Product.

THIS IS A LEGAL AGREEMENT. BY PLACING AN ORDER FOR PRODUCTS AND/OR SUBSCRIPTION SERVICES, YOU ARE ACCEPTING AND AGREEING TO THESE SALE TERMS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS & CONDITIONS. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO PURCHASE AND USE PRODUCTS AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS & CONDITIONS, YOU SHOULD NOT PURCHASE THE PRODUCTS.

We reserve the right to change these Terms & Conditions at any time, so please review the Terms & Conditions each time prior to making a purchase from the Store. Every time you order Products from Next, the Terms & Conditions in force at that time will apply between you and Next. If you use our Subscription Services or continue to use our Products, we will notify you in the event we make changes to these Terms & Conditions that affect your Subscription Services or the Product. If you have any questions regarding these Terms & Conditions, you can contact Next at help@nexthome.co.

The Store is for retail sales to private consumers only. Please contact sales@nexthome.co if you wish to purchase wholesale supplies.

Please read these terms carefully. They require the use of binding arbitration to resolve disputes rather than jury trials or class actions. Please follow the instructions in the Dispute Resolution and Arbitration section below if you wish to opt out of this provision. As a consumer, you have certain legal rights. The disclaimers, exclusions, and limitations of liability under these Terms & Conditions will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties, including exclusions relating to products or services that are faulty or not as described, or the exclusion or limitation of incidental or consequential damages or other rights. For a full description of your legal rights you should refer to the laws applicable in your country or jurisdiction. Nothing in these Terms & Conditions will affect those other legal rights.

Although the Store may be accessible worldwide, the Products and Subscription Services offered on the Store are not designed and tested for use in all countries. If you choose to access the Store and/or use the Products and Subscription Services outside the India (each, a “Target Country”), as applicable, you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Store and the Products and Subscription Services are not designed for use in a non-Target Country and some or all of the features of the Store, Products and Subscription Services may not work or be appropriate for use in such a country. To the extent permissible by law, Next accepts no responsibility or liability for any damage or loss caused by your access or use of the Store, Products and Subscription Services in a non-Target Country and you hereby also agree to indemnify and hold Next harmless should you breach any Terms & Conditions.

Compatibility.

You acknowledge that you have verified the compatibility of the Products you are purchasing with other equipment in your home (e.g., ensuring that your electrical system and other products in your home are compatible with the Product). You are solely responsible for determining the compatibility of the Products with other equipment in your home, and you accept that lack of compatibility is not a valid claim under the warranty provided with your Products and does not otherwise constitute a basis for receiving a refund after the 30-day refund policy described below.

Reservations and Pre-Orders

Products available for reservation and pre-order are not offered for sale by Next. Your placement of a reservation and pre-order does not create a contract for sale.

By placing a reservation and pre-order for a Product that is not yet available for sale, you make an offer to Next to purchase the Product subject to these Terms & Conditions. Next will obtain an authorization from your bank or credit card company for no charge. An authorization from your payment card company may stay open for several days or weeks before a charge is actually made.

You may cancel your offer to purchase Products at any time prior to shipment and you will not be charged.

Later, when the Product is offered for sale, Next may accept your offer to purchase Products subject to these Terms & Conditions. At that time, Next will capture payment on the payment card you provided and ship your Product. Next may obtain an additional authorization from your payment card company to confirm necessary funds are available to purchase the Products requested.

Next reserves the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your order is cancelled, or if additional information is needed to complete and accept your order.

Payment

By providing a credit card or other payment method accepted by Next, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order. In the event you want to change or update payment information associated with your Next account, you can do so at any time by logging into your account and editing your payment information.

Availability and Pricing.

All Products offered on the Store are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue offering certain Products and/or Subscription Services without prior notice. Prices for the Products and Subscription Services are subject to change at any time, but changes will not affect any order for Products you have already placed. In the event we change the pricing for any Subscription Service you have purchased, we will give you advance notice of this change in accordance with Section 17 (Notifications). After receiving this notice, you will be deemed to have accepted the change in pricing, unless you cancel your subscription as set forth in Section 4(d) above.

Sales Tax

Depending on the order, Next calculates and charges sales tax in accordance with applicable laws.

Resale and Title Transfer

Purchases made on the Store are intended for end user’s personal use only, and are not authorized for resale, but may be given as a gift. These Terms & Conditions shall apply to any gift recipient. Title for Products (excluding software) purchased from the Store passes to the purchaser at the time of delivery by Next to the freight carrier, but Next and/or the freight carrier will be responsible for any Product loss or damage that occurs when the Product is in transit to you. Any software installed on our Products is licensed to you, not sold. You may only use the software for its normal, intended use with our Products and in accordance with Section 7 (Software License). When we say “sell” and “purchase” in these Terms & Conditions, we mean “sell” and “purchase” only with respect to the non-software elements of the Product.

Software License

7.1 Subject to your compliance with these Terms & Conditions, Next grants to you an end user license agreement.

Shipping and Delivery

Prices for the Products do not include shipping costs. Our delivery charges and methods are as described on the Store website from time to time. You are responsible for keeping us informed regarding the correct delivery address for the Products. The estimated arrival or delivery date is not a guaranteed delivery date for your order. Refused deliveries will be returned to our warehouse. It may take up to 45 days for the returned items to be identified as refused and processed for a refund.

The Products available on the Store have been designed, marketed and sold only for use by residents of the India, AS APPLICABLE. The Products available on the Store are not intended for use outside of the India, AS APPLICABLE. You are responsible for complying with all applicable laws and regulations of the country for which the Product is destined. We are not liable or responsible if you break any such laws.

Installation

There may be laws in the jurisdiction that you install a particular Product applicable to where and how to install that Product. You should check that you are in compliance with all relevant laws in your jurisdiction. Next is not responsible for any injury or damage caused by self-installation. Next maintains a list of recommended installers of the Products on its website. These installers are not Next employees and are not affiliated with Next. Next is not responsible for any conduct of or liability associated with these installers. You should do your own diligence of the installers to select one that best fits your needs.

Returns for Refund.

If, for any reason, you want to return the Product you purchased from the Store for a refund, you must notify us no later than 30 days following the date of purchase (the “Cancellation Period”). The Product is not eligible for a refund after the 30-day period. To initiate a return, you must inform us of your decision within the Cancellation Period by contacting Next customer support at help@nexthome.co with (i) RMA in the subject line, (ii) the order number in the body of the message and (iii) clearly state your desire to return the Product. Although it will not affect your right to a refund, please also include details on where and when you purchased the Product and your reason for returning the Product. For such returns, Next customer service will provide you with a Return Materials Authorization (“RMA”) that you must include with your return shipment to Next so Next can identify your shipment and with a return address. If you purchased the Product from somewhere other than the Store, please contact that reseller to obtain a refund.

To receive a refund, you must return your Product (and any promotional merchandise supplied with the Product) with the provided RMA within fourteen (14) days following the day on which you notify Next customer support that you desire to return your Product. Returned Products must be in good physical condition (e.g., not physically broken or damaged). All accessories originally included with your purchase must be included with your return. Unless the Product is faulty or not as described, you will be responsible for all costs associated with returning the Product to us (including uninstallation). You assume all risk of loss or damage to the Products while in transit to Next. After receipt of Product, we will refund the price you paid for the Product plus original delivery cost (up to the value of our free Ground delivery option), less the value of any promotional merchandise or discounts you received. If you purchase a Bundle (multiple Products sold together at a discount), we will not provide a refund if you return only part of the Bundle, and you must return all of the Products sold together in that Bundle in order to receive any refund. We may reduce the amount of your refund to reflect any reduction in the value of the Product, as determined in our sole discretion, caused by your handling them in a way which goes beyond what is necessary to establish their nature, characteristics and functioning (e.g., beyond what would normally be permitted in a shop).

All Products that are returned to us become our property. We are not responsible for any content or information stored in any Product you return to us, whether under warranty or not. Please make sure to save any content or information you wish to keep from your Product before returning your Product to us. If you return Products to Next (a) without an RMA from Next or (b) without all parts included in the original package, Next retains the right to either refuse delivery of such return or accept delivery and charge you a restocking fee of 15% of the original price of the Product or the retail value of the missing accessories, whichever is higher. We will process the refund due to you as soon as possible and, in any case, within 30 days from the date of receipt by Next of the returned Product.

Please see the Section 11 (Limited Warranty and Disclaimers) for information on the warranty terms applicable to the Product.

Limited Warranties and Disclaimers.

As far as permitted by applicable law, the Store, and all content available on the Store, is provided on an “AS-IS” basis without warranties or conditions of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. All products and services purchased through the Store are provided on an “AS-IS” basis unless otherwise noted in the Limited Warranty included with a Product. With respect to Next Products, you may choose whether to make a claim under these Terms & Conditions or the Limited Warranty or both, but you may not recover twice in respect of the same loss. To initiate a return under the Limited Warranty for your Next Product, you should contact Next.

You use any Products or Subscription Services at your own discretion and risk. You will be solely responsible for (and Next disclaims) any and all loss, liability or damages resulting from your use of a Product and/or Subscription Service, including damage or loss to your home electrical system, plumbing, home, Product, other peripherals connected to the Product, computer, mobile device, and all other items and pets in your home. Unless explicitly promising a “guarantee,” Next does not guarantee or promise any specific level of energy savings or other monetary benefit from the use of a Product and/or Subscription Services or any feature of them. Actual energy savings and monetary benefits vary with factors beyond Next’s control or knowledge.

Limitation of Liability.

Nothing in these Terms & Conditions and in particular within this section shall attempt to exclude or limit liability that cannot be excluded under applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) NEXT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS OR SUBSCRIPTION SERVICES, EVEN IF NEXT KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) NEXT’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS AND SUBSCRIPTION SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO NEXT OR NEXT’S AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR SIX (6) MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. NEXT DISCLAIMS ALL LIABILITY OF ANY KIND OF NEXT’S LICENSORS AND SUPPLIERS.

Data Protection.

By placing an order for Products and/or Subscription Services, you agree and understand that Next may store, share, process and use data collected from your order form or phone/fax/email order for the purposes of processing the order. Next also may share such data globally with its subsidiaries and other entities. Next will protect your information in accordance with the Privacy Policy for its Web Sites. Next works with other companies that help Next provide Products to you, such as freight carriers and credit card processing companies, and Next may have to share certain information with these companies for this purpose.

Electronic Communications.

You are communicating with Next electronically when you use the Store or send email to Next. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you order in the Store, we collect and store your email address. From that point forward, your email address is used to send you information about Next’s products and services unless you opt-out of such emails using the opt-out link in the emails.

Notifications and Feedback

Next may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Next account, hard copy, or posting of such notice on the Next website. Next is not responsible for any automatic filtering you or your network provider may apply to email notifications. Next recommends that you add the @nexthome.co domain name to your email address book to help ensure you receive email notifications from Next.

We welcome feedback, comments and suggestions for improvements to our Products and Services (“Feedback”). You can submit Feedback by emailing us at support@nexthome.co. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, transferable license, with the right to grant sublicenses, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Force Majeure.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorism, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

Protection of Confidentiality and Intellectual Property Rights.

Notwithstanding the foregoing, Next may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.

Severability.

If any part of these Terms & Conditions becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Terms & Conditions will remain in full force and effect.

Waiver.

Failure or delay by us to enforce any these Terms & Conditions will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.

Governing Law and Jurisdiction.

These Terms & Conditions are governed by the laws of Republic of India without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state and justice courts in or for India for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated as set forth in an above section.

General Information Regarding These Terms of Use

Master terms: Welcome, and thank you for your interest in Creative Commons (“Creative Commons,” “CC,” “we,” “our,” or “us”). Unless otherwise noted on a particular site or service, these master terms of use (“Master Terms”) apply to your use of all of the websites that Creative Commons Corporation operates. These include https://creativecommons.org, https://wiki.creativecommons.org, https://network.creativecommons.org, https://search.creativecommons.org, https://labs.creativecommons.org, http://openpolicynetwork.org, http://open4us.org, https://rightsback.org, http://teamopen.cc, and http://thepowerofopen.org, ogether with all other subdomains thereof, (collectively, the “Websites”). The Master Terms also apply to all products, information, and services provided through the Websites, including without limitation the license chooser, legal tools, the CCID service available at https://login.creativecommons.org/login, “CC Login Service”), and the CC Global Network community website (together with the Websites, the “Services”).

Creative Commons does not operate the website at http://ccmixter.org

Additional terms: In addition to the Master Terms, your use of any Services may also be subject to specific terms applicable to a particular Service (“Additional Terms”). If there is any conflict between the Additional Terms and the Master Terms, then the Additional Terms apply in relation to the relevant Service.

Human-readable summary of Sec 1: These terms, together with any special terms for particular websites, create a contract between you and Creative Commons. The contract governs your use of all websites operated by Creative Commons, unless a particular website indicates otherwise. These human-readable summaries of each section are not part of the contract, but are intended to help you understand its terms.

Your Agreement to the Terms

BY CLICKING “I ACCEPT” OR OTHERWISE ACCESSING OR USING ANY OF THE SERVICES (INCLUDING THE LICENSES, PUBLIC DOMAIN TOOLS, AND CHOOSERS), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By clicking “I ACCEPT” or otherwise accessing or using any Services you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services. If you do not agree to the Terms, you are not authorized to use any Services. If you are an individual who is entering into these Terms on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity’s behalf to be bound by these Terms, with the terms “you,” and “your” applying to you, that entity, and other users accessing the Services on behalf of that entity.

Human-readable summary of Sec 2: Please read these terms and only use our sites and services if you agree to them.

Changes to the Terms

From time to time, Creative Commons may change, remove, or add to the Terms, and reserves the right to do so in its discretion. In that case, we will post updated Terms and indicate the date of revision. If we feel the modifications are material, we will make reasonable efforts to post a prominent notice on the relevant Website(s) and notify those of you with a current CC Login Service account via email. All new and/or revised Terms take effect immediately and apply to your use of the Services from that date on, except that material changes will take effect 30 days after the change is made and identified as material. Your continued use of any Services after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.

Human-readable summary of Sec 3: These terms may change. When the changes are important, we will put a notice on the website. If you continue to use the sites after the changes are made, you agree to the changes.

No Legal Advice

Creative Commons is not a law firm, does not provide legal advice, and is not a substitute for a law firm. Sending us an email or using any of the Services, including the licenses, public domain tools, and choosers, does not constitute legal advice or create an attorney-client relationship.

Human-readable summary of Sec 4: Some of us are lawyers, but we aren’t your lawyer. Please consult your own attorney if you need legal advice.

Content Available through the Services

Human-readable summary of Sec 5: We try our best to have useful information on our sites, but we cannot promise that everything is accurate or appropriate for your situation. Content on the site is licensed under CC BY 4.0 unless it says it is available under different terms. If you find content through a link on our websites, be sure to check the license terms before using it.

Prohibited Conduct

You agree not to engage in any of the following activities:

Violating laws and rights:

Solicitation

Disruption:

Harming others:

Impersonation or unauthorized access:

Human-readable summary of Sec 8: Play nice. Be yourself. Don’t break the law or be disruptive.

DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CREATIVE COMMONS OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CREATIVE COMMONS DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY CC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CREATIVE COMMONS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

Human-readable summary of Sec 10: CC does not make any guarantees about the sites, services, or content available on the sites.

Creative Commons respects copyright, and we prohibit users of the Services from submitting, uploading, posting, or otherwise transmitting any Content on the Services that violates another person’s proprietary rights.

To report allegedly infringing Content hosted on a website owned or controlled by CC, send a Notice of Infringing Materials as set out in CC’s Digital Millennium Copyright Act (“DMCA”) Notice & Takedown Procedure.

Please note that Creative Commons does not host the Content made available through CC Search. You should contact the web site or service hosting the Content to have it removed.

Human-readable summary of Sec 15: Please let us know if you find infringing content on our websites.