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c) The domain name www.tugmycart.com ("Website" or “Tugmycart”), is owned and operated by TugInternet (“Firm”) having its registered office at E-43/1, 91 Spring Board, Okhla Industrial Area, Phase-II, New Delhi-110020, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, officers, agents and their successors and assigns.
i. The term ‘You’ &‘User’ shall mean any legal person or entity accessing or using the services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;
ii. The terms ‘We’, ‘Us’ & ‘Our’ shall mean the Website and/or the Firm, as the context so requires.
iii. The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the User and the Firm individually and collectively, as the context so requires.
e) The headings of each section in this Policy are only for the purpose of organizing the various provisions under this Policy in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
g) The User unequivocally agrees that this Policy and the aforementioned Terms constitute a legally binding agreement between the User and the Firm, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, and that the same shall be deemed to be incorporated into the Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting any part of the Website constitutes the User’s full and final acceptance of the Policy and the aforementioned Terms.
h) The Parties expressly agree that the Firm retains the sole and exclusive right to amend or modify the Policy and the aforementioned Terms without any prior permission or intimation to the User and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the Policy and Terms, and stay updated on their policies.
i) If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments / modifications made to the Policy and Terms. In so far as the User complies with the Policy and Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter, access and use the Website.
b) The User is aware that the Firm /Website may automatically track certain information about the User based upon the User’s IP address and the User’s behaviour on the Website and the User expressly consents to the same. The User is aware that this information is used to do internal research on user demographics, interests, and behaviour, to enable the Firm/Website to better understand, and cater to the interests of its users. The User is expressly made aware that such information may include the URL that the User visited prior to accessing the Website, the URL which the User subsequently visits (whether or not these URLs form a part of the Website), the User’s computer & web browser information, the User’s IP address, etc.
c) If the User chooses to purchase products / services from the Website, the User consents to allowing the Firm/Website to collect information about the User’s buying behaviour and trends.
d) If the User chooses to post messages / ads / promotion / reviews / feedback anywhere on the Website, including but not limited to message boards, chat rooms, other message areas, etc., the User is aware that any and all such information provided / uploaded will be collected and stored by the Firm indefinitely, and that such retained information may be used to resolve disputes, provide customer support, troubleshoot problems, etc., and that such information, if requested, may be provided to judicial or governmental authorities of requisite jurisdiction, or otherwise used by the Firm/Website as permitted by applicable laws.
e) The User is aware that any and all information pertaining to the User collected by the Firm, whether or not directly provided by the User to the Firm/Website, including but not limited to personal correspondence such as emails or letters, feedback from other users or third parties regarding the User’s activities or postings on the Website, etc., may be collected and complied by the Firm/Website into a file/folder specifically created for / allotted to the User, and the User hereby expressly consents to the same.
f) The User is aware that while he/she can browse some sections of the Website without being a registered user, certain activities (such as placing an order) require the User to provide valid personal information to the Firm/Website for the purpose of registration. The User is aware that the contact information provided to the Firm/Website may be used to send the User offers and promotions, whether or not based on the User’s previous orders and interests, and the User hereby expressly consents to receiving the same.
b) The User is further aware that the Tugmycart uses data collection devices such as cookies on certain pages of the Tugmycart to help analyse web page flow, measure promotional effectiveness, and promote trust and safety, and that certain features of the Tugmycart are only available through the use of such cookies. While the User is free to decline the Website’s cookies if the User’s browser permits, the User may consequently be unable to use certain features on the Tugmycart.
c) Additionally, the User is aware that he/she might encounter ‘cookies’ or other similar devices on certain pages of the Tugmycart that are placed by third parties or affiliates of the Firm/Website. The User expressly agrees and acknowledges that the Firm/Website does not control the use of such cookies/other devices by third parties, that the Firm/Website is in no way responsible for the same, and that the User assumes any and all risks in this regard.
b) The User is further aware that the Tugmycart and its affiliates may share / sell some or all of the User’s personal information with other business entities should the Tugmycart (or its assets) plan to merge with, or be acquired by such business entity, or in the event of re-organization, amalgamation, or restructuring of the Firm’s business. Such business entity or new entity will continue to be bound be the Terms and Policy, as may be amended from time to time.
c) The Firm may disclose information if legally required to, in pursuant to an order from a governmental entity or in good faith. We will disclose the information bases to: i. conform to legal requirements or comply with legal process; ii. protect our rights or property or our affiliated companies; iii. prevent a crime or protect national security; or iv. protect the personal safety of users or the public.
a) Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed here in below;
b) Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Tugmycart, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the in the state of Delhi, India.