TERMS AND CONDITIONS
You, hereby declare that you shall use this product for personal use only and not for further selling, renting or commercial use.
You, the Buyer, hereby warrant and agree:
- That the product shall be used for your personal use only and no further selling, renting or other commercial use.
- That you shall not hold ATT liable or responsible for any loss suffered by you due to damage of the product.
- That you shall not hold ATT liable or responsible for any damage or loss suffered by you for reasons beyond its reasonable control, including but not limited to acts of God, accidents, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.
The Buyer hereby agrees that he shall fully indemnify the Owner and, if necessary, ATT for any and all loss or damage to the product or equipment during the term of this Agreement whether caused by natural or accidental causes including but not restricted to fire, vandalism, theft or any other cause, except that which shall be determined to be caused by a fault or defect of the functioning of product itself.
- RELEASE OF LIABILITY OF ATT
- USE OF THE WEBSITE
- CONTENT OF WEBSITE
- ROLE OF ATT
- APPLICABLE LAW
- TRANSACTIONS IN INDIA ONLY
- ENTIRE AGREEMENT
- SEVERABILITY OF PROVISIONS
- TRADEMARK, COPYRIGHT AND RESTRICTION
- LIMITATION OF LIABILITY
- PROFANITY POLICY
This document is an electronic record within the meaning of the Information Technology Act, 2000 and rules thereunder 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.
The domain name www.ATailorsTale.com (hereinafter referred to as "Website") is owned by SIASH with its registered office at 2nd floor, 6A, North Mada Street, Mylapore, Chennai - 600 004 (hereinafter referred to as "ATT").
Use of the Website, either by registration or by any other means, is available only to persons, who are 18 years of age and above and persons who can enter into a legally binding contract, and or are not barred by any law for the time being in force. If you access ATT, either by registration on the Site or by any other means, not as an individual but on behalf of a legal entity, you represent that you are fully authorized to do so and the listing, posting or information placed on the site on behalf of the legal entity is your responsibility and you agree to be accountable for the same to other users of the Site.As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. ATT reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to ATT's notice or if it is discovered that you are under the age of 18 years.
B. RELEASE OF LIABILITY OF ATT
ATT does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc) of the products or services proposed to be sold/rented or offered to be sold or purchased or rented on the Website. ATT does not implicitly or explicitly support or endorse the sale or purchase or rent of any products or services on the Website. ATT accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
ATT makes no representation or warranty as to the credentials (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to transact with on the Website and use Your best judgment in that regard.
ATT shall not at any time hold any right, title or interest over the products and/or services sold, purchased or rented on the Website nor shall ATT have any obligations or liabilities in respect of such contract entered into between Buyer/Buyers and Providers. ATT is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
You release and indemnify ATT and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically and explicitly waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, ATT cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there could be risks in dealing with underage persons or people acting under false pretence.
You also agree that ATT is not responsible or liable for any loss suffered due to damage caused to the product or reduction of value of the product in any way.
C. USE OF THE WEBSITE
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding sub-clauses:You shall not host, display, upload, modify, publish, transmit, update or share any information which:
- Belongs to another person and to which You do not have any right to;
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- Is misleading in any way;
- Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- Infringes upon or violates any third party's rights, including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
- Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- Promotes an illegal or unauthorized copy of another person's copyrighted work (such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files);
- Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- Promotes a particular political party or cause which is inappropriate in the opinion of ATT;
- Pontains video, photographs, or images of another person (with a minor or an adult).
- Tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- Engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website.
- Interferes with another User's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
- Harm minors in any way;
- Solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
- Infringes any patent, trademark, copyright or other intellectual property rights or third party trade secrets or rights of publicity or privacy;
- Is fraudulent or involves the sale of counterfeit or stolen products;
- Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Impersonates another person or entity;
- Contains software viruses or any other computer code, including but not limited to, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents or impedes investigation of any offence or is insulting to any other nation.
You agree that ATT has full and unrestricted authority to determine whether a given entry, product, post or message falls within the purview of the restrictions outlined in the above clause, and to take necessary action in that regard.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including but not limited, the terms ATT, ATT.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of ATT or otherwise tarnish or dilute any of ATT's trade or service marks, trade name and/or goodwill associated with such trade or service marks or trade name as may be owned or used by Us.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
You shall be solely liable for any liability or loss suffered by ATT, arising out of your non-compliance with any applicable law as mentioned above in Sub-clause 6.
From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
D. CONTENT ON THE WEBSITE
The Website contains content which includes Your Information, ATT's information and Information from other users. You agree not to copy, modify, or distribute such content (other than Your Information), ATT's copyrights or trademarks. When You give us any content as part of Your Information, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right and license to use, reproduce, , publish, translate, distribute, perform and display such content (in whole or part) worldwide through the Website as well as on any of our affiliates or partners websites, publications and mobile platform.
You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information. You hereby agree not to hold ATT or any of its officers, employees, agents responsible or accountable for any of your listing, postings or information and nor shall We, our officers, employees or agents be liable for any misuse, illegal activity or third party content as most postings, listings or information are generated by various users directly and we do not have any role in the creation, publication or distribution of the posting, listing or information.
E. ROLE OF ATT
You understand, accept and agree that the payment facility provided by ATT is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the ATT Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, ATT is neither acting as trustee nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
G. APPLICABLE LAW
H. TRANSACTIONS IN INDIA ONLY
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. ATT makes no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own risk and ATT is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
I. ENTIRE AGREEMENT
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ATT without restriction. Any assignment or transfer by you shall be null and void.
J. SEVERABILITY OF PROVISIONS
K. TRADEMARK, COPYRIGHT AND RESTRICTION
This site is controlled and operated by ATT and products are sold by respective Owners. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use.
L. LIMITATION OF LIABILITY
M. PROFANITY POLICY
ATT prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area. This policy extends to text within listings, on Owner pages and all other areas of the site that another User may view.
O. DISPUTE RESOLUTION POLICY Overview
Generally, transactions are conducted smoothly on ATT. However there may be some cases where both the /Buyers and Providers may face issues. At ATT,we have a Dispute Resolution process in order to resolve disputes between /Buyers and Providers.
- Scope and meaning of the term 'dispute' A 'Dispute' can be defined as a disagreement between a /Buyer and a Provider in connection with a transaction on the Website.
- Raising of Disputes Disputes are filed as a result of a disagreement between the Buyer and the Provider. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/grievance. Therefore a dispute may be raised by filing a complaint with info-ATailorsTale.com
- Types of DisputesDisputes may be of various types, including but not limited to:
- Wrong item received
- Item Not as described
- Damaged or Seal broken on Product
- Part/Accessory missing
- Item not Compatible
- Provider Description/Specification Wrong
- Defective (Functional issues)
In case the Provider rejects the return request of the Buyer, and Buyer raises a dispute, then ATT will try to mediate and resolve the dispute between both the parties. If the dispute is resolved in favour of the Buyer, a refund is provided once the product is returned to the Provider. If the dispute is settled in favour of the Provider, Buyer is entitled to any refund.
Both parties agree that the opinion of ATT in this dispute is final, but they are within their rights to pursue claims against each other under the law. Both parties must also agree that ATT is not a party to the dispute and cannot be proceeded against with respect to a dispute with another User.