GENERAL
“ www.tamatina.com” (hereinafter, the ‘Website’), are owned and operated by Jaishree Exports. (hereinafter the ‘Company’), a company formed as per the laws of India having its registered office at 85 Maharana Pratap Nagar, Jhansi Road, Gwalior 474009 (M.P).
The Website is a platform which offers Home decor services, with unique designs in the market to organise any room space. It is one stop shop for the varied variety homes and articles from across the globe.
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 Company. These terms are to be read along with the Privacy Policy and any other policies on the Website and/or Application.
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/or Application and being generated by a computer system, it does not require any physical or digital signatures.
DEFINITIONS
“We”, “Us”, “Our”, shall mean the Company.
“Terms”, “Terms and conditions”, “Policy”, “T&C” shall mean the entire Agreement and all parallel policies that you agree to in mutual agreement by using our website.
“You”, “Your”, “User” refers to the user of the site. “User” is anyone who is visiting, accessing or browsing the Website. The User can be any person who visits and/or browsers the Website (visitor), or any person/artist/content creator who has registered for a user profile on the Website (registered user).
“Website” shall mean www.tamatina.com, a Website through which the Company’s services shall be availed.
“Content” refers to any text, image, graphic, video, audio, location or all forms of data which are made available on the Website.
“Your Content” refers to any content submitted by way of registration/membership or interaction by means of publishing or uploading content on the Website.
“Third Party” refers to any person other than the “User”, “Company”, or the “Website”.
ABOUT THE COMPANY
The Company’s Website is primarily for any User, who would like to avail the Company’s services for home décor and home utilities. It is an online platform which contains unique designs. A story that flows from your bedside, across the table, over to the wall. to enhance a mood, an emotion, a memory.
The merchandise is being shipped all across the globe excluding certain restricted countries.**
** The website content may be seen in the restricted countries however the orders may not be processed until we feel it’s safe to do business in those countries. This could be due to terrorism, any type of scams, Credit card frauds etc.
ELIGIBILITY AND ACCESS
For a Registered User:
Users/artists/content creators must register in order to avail the Company’s services by providing certain information, which includes, but is not limited to, the following: Name, Phone Number, Email ID, User photo, Awards, Achievements, Payment Information as per the Company’s preferred payment gateway provider (such as credit card, debit card, net banking information), Location, etc.
At any time during your use of this Website, including but not limited to the time of registration, you are solely responsible for protecting the confidentiality of your username and password, and any activity under your registered account shall be deemed to have been done by you. In the case that you provide us with false and/or inaccurate details or the Company has reasons to believe you have done so, We hold the right to permanently suspend and cancel the account and withhold any funds with us with regard to your account.
In addition to this, You would be required to comply with the following:
- You will not provide any false personal information.
- You will not create/register an account for anyone other than yourself without permission.
- You will not create more than one registered account/user profile.
- If your registered account is suspended/disabled by us, You will not create another account/user profile without our prior permission.
- You will not use our Website if you are under the age of 13 years.
- You will not share your registered account/user profile or let anyone else access your account, or do anything else that might jeopardize the security of your account.
CONTENT ON THE WEBSITE
You agree, undertake and confirm that your use of our service shall be strictly governed by the following binding principles:
You agree and understand that the Website merely provides a platform for showcasing the products for home décor.
You agree, acknowledge, and accept that we are not trained professionals and do not purport to render professional or expert advice in any arena.
Data contained on or made available through our website is not intended to be, and does not constitute, financial/investing advice. Our website, and your use of it, does not create an advisor-client relationship.
We may make changes to the features, functionality or content of our website at any time. We reserve the right in our sole discretion to edit or delete any data appearing on our website.
THIRD PARTY CONTENTS/ADS
Our Website will incorporate information and ads from third party websites and applications including but not limited to social media websites as well as various payment gateways, which will be incorporated on the Website from time to time. Our Website merely displays such information and is not responsible for the authenticity or content of such information from third party websites and applications.
USER’S OBLIGATIONS
The User undertakes to fulfill the following obligations. Failure to satisfy any of these obligations gives us the right to permanently suspend your registered account or user profile and/or claim damages for any losses that accrue to us or additional costs that may be imposed on us.
- You agree to comply with all local laws and regulations governing the use of the Website and its services, including, without limitation, any usage rules set forth in this Terms of Service.
- You undertake not to:
CHARGES
Browsing and use of this Website is free of cost, including creation of registered account/ user profiles. There shall be no charges or cost involved for precuring the services provided on Website.
DATA STORAGE AND SECURITY
We provide utmost data security and protection through reasonable securities and practices as defined by law from time to time. We provide adequate date security for the information collected by us. For further information on privacy and security of data please refer to the Privacy Policy on the Website.
INTELLECTUAL PROPERTY
We place great emphasis on intellectual property. We own the trademarks and the user interface of our Website are all proprietary and the copyright belongs to us. We shall not allow any third-party information on it.
CONFIDENTIAL INFORMATION
“Confidential Information” shall mean and include any and all information and content whether commercial or technical including the confidential and proprietary information, technology know-how, commercialisation strategies, marketing strategies and/or any other proprietary information. We undertake not to reveal to any third party the user’s confidential information. For further information refer to the Privacy Policy here.
DISCLAIMER OF WARRANTY
You expressly understand and agree that, to the maximum extent permitted by applicable law,
the Website, services and other materials and contents provided by this Website are on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, the Company makes no warranty that:
- Your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free;
- Materials, information and contents obtained will be effective, accurate or reliable;
- Data collected by the Company is verified by the Company and the authenticity of the data shall not be the Company’s responsibility;
- Any wrongdoing by the User including theft, sexual abuse shall not be the Company’s responsibility;
- Any errors or defects in the Website, services or other contents will be corrected to the maximum extent permitted by applicable law. The Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of Your Content. The User understands and agrees that any material, content or data downloaded or otherwise obtained through the Website is done entirely at his/her own discretion and risk and he/she will be solely responsible for any damage to his/her electronic systems or loss of data that results from the download of such material, content or data. The Company accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
LIMITATIONS OF LIABILITY
The services we provide are solely limited to the description provided under the “Services” section of this Terms of Service. We will not be liable for information and errors from third party websites and applications.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless our Company including but not limited to its 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.
In no event shall our Company, its officers, directors, employees, partners or suppliers be liable to you or 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, contents or materials.
The limitations and exclusions in this clause apply to the maximum extent permitted by applicable law.
DISPUTES ARISING OUT OF THIS AGREEMENT
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.
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 sole proprietorship reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
Stage 2: Arbitration. If the dispute is not settled by mediation, it shall be referred to and finally resolved by arbitration, which shall be governed by the law, rules and regulations of Maharashtra, India. The Arbitral award 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 Gwalior, Madhya Pradesh. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Gwalior, India and You hereby submit to the personal jurisdiction of such courts.
PRIVACY
We encourage You to read the Privacy Policy and to use the information it contains to make informed decisions regarding Your personal information. Please also note that certain information, statements, data and content (such as but not limited to videos) which You provide on the Website are likely to reveal Your gender, ethnic origin, nationality, age, and/or other personal information about You. You acknowledge and agree that Your submission of such information is voluntary on Your part. Further, You acknowledge, consent and agree that we may access, preserve, and disclose information You provide to Us at any stage during Your use of the Website. Disclosures of information to Third Parties are further addressed in Our Privacy Policy.
GOVERNING LAW
Arbitration:
These Terms of Service including the privacy policy shall be governed by Indian law.
Any disputes arising out of or in connection with these Terms of Service shall be governed by the laws the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be in English language.
Applicable Law:
You agree that the laws of the State of Madhya Pradesh, India, excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the courts of Gwalior, MP and we each agree to personal jurisdiction in those courts.
SEVERABILITY
Any provision of these Terms of Service which is, or may be, void or unenforceable shall, to the extent of such invalidity or unenforceability, be deemed severable and shall not affect any other provision of these terms and conditions.
ASSIGNMENT
You agree that our Company, automatically assigns this Agreement and information incorporated herein in to a User. You may not assign your obligations under these terms to another entity.
CONTACT US
If you have any questions about this Agreement, the practices of the Company, or your experience with the Website, you can e-mail us at enquiries@tamatina.com
