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c) The domain name www.tugmycart.com ("Website" or “Tugmycart”), including its online services, such as use of software on Website and information, articles , news, blogs and text, graphics, images and information obtained from service providers and any other material contained on the Website ("Materials") is owned and operated by solely 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’ or “User” shall mean any legal person, entity, members, artists, designers, photographers and others accessing using this Website to services provided or registered 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 these Terms are only for the purpose of organizing the various provisions under these Terms 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 these Terms and the aforementioned Policy 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 these 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 the any part of the Website constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
h) The Firm reserves the sole and exclusive right to amend or modify these 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 terms and stay updated on its requirements. 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 Terms. In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website.
a) The User continues to access and use the Website; or
b) The Transaction between the Parties, if any, concludes to the satisfaction of both Parties; Whichever is longer? The Parties agree that certain portions of these Terms (“Sections”), such as Sections 13, 14, 16 & 18 shall continue to remain in full force and effect indefinitely, even after the expiry or termination of these Terms as contemplated herein.
ii. To facilitate e-mail communication between Website's registered members and User to make and receive queries.
iii. Tugmycart does not make any representations or warranties regarding specifics like quality, license, copyright of the items or services proposed to be sold, offered to be sold or purchased on or from the Website.
iv. Tugmycart has taken challenge for empowering education. The platform provides educational tutorials through eBook’s, video’s (etc.) for students.
v. The Website is only a platform that can be utilized to design and create wonderful digital assets, content, designs (like beautiful images, graphics, templates, digital paintings etc.), eBooks, videos, software coding. Firm only provides a platform for communication and it is agreed that the contract for sale of any products or services shall be a strictly bipartite contract between buyer and the designer/registered member.
vi. By using this Website, and providing his/her contact information to the Firm through the Website, the User hereby agrees and consents to receiving calls, auto dialled and/or pre-recorded message calls, e-mails and SMSs from the Firm and/or any of its affiliates or partners at any time, subject to the Policy. In the event that the User wishes to stop receiving any such marketing or promotional calls / email messages / text messages, the User may send an e-mail to the effect to firstname.lastname@example.org with the subject Discard. The User agrees and acknowledges that it may take up to seven business days for the Firm to give effect to such a request by the User.
The User expressly agrees that notwithstanding anything contained hereinabove, he/she may be contacted by the Firm or any of its affiliates / partners relating to any service availed of by the User on the Website or anything pursuant thereto. It is expressly agreed to by the Parties that any information shared by the User with the Firm shall be governed by the Policy.
b) Tugmycart offer no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Users card/bank accounts.
c) Tugmycart have a right to hold or reclaim the Payment in cases of abuse, fraud or violation of agreement.
However, the Firm reserves the right to amend this fee policy for any or all service offered or sold. In such an event, the User will be intimated of the same when he/she attempts to access the Website, and the User shall have the option of declining to avail of the services offered on the Website. Any such change, if made, shall come into effect immediately upon such change being notified to the User, unless specified otherwise.
b. The User agrees to comply with all notices or instructions given by Tugmycart from time to time to enable the use of the Website.
c. User shall take care of copyright/license so that Tugmycart can endorse the original and real items on its portal.
d. The User understands and agrees that User is responsible for all applicable taxes and for all costs that are incurred in using the websites services.
e. The User shall promptly make the payment to Tugmycart towards the item purchased as and when it becomes payable.
f. User shall indemnify and hold the Firm, harmless for any loss or damage arising out of User’s to comply with any applicable laws or regulations and for breach of the following warranties and representations.
g. The User shall at all times during the pendency of this agreement endeavour to protect and promote the interest of the Firm and ensure that there will be no damage to third party (client/customer) due to act/ omission on the part of the User.
h. User is bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. Any such use / limited use of the Website will only be allowed with the prior express written permission of the Firm. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information contained on the Website is expressly prohibited.
i. Further undertakes not to:
i. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
ii. Engage in any activity that interferes with or disrupts access to the Website or the goods provided therein (or the servers and networks which are connected to the Website);
iii. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
iv. Publish, post, disseminate, any information which 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 under any law, rule or regulation currently in force; 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;
v. Post any image/file/data that infringes the copyright, patent or trademark of another person or legal entity;
vi. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website;
vii. Download any file posted/uploaded by another User of the Website that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner;
viii. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Website, or any other customer of the Website, including any User account maintained on the Website not operated/managed by the User, or exploit the Website or information made available or offered by or through the Website, in any manner;
ix. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked websites;
x. Collect or store data about other Users of the Website.
xi. Use the Website or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or any other third party(ies);
xii. Violate any code of conduct or guideline which may be applicable for or to any particular product or service offered on the Website;
xiii. Violate any applicable laws, rules or regulations currently in force within or outside India;
xiv. Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise;
xv. Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.
xvi. Publish, post, or disseminate information that is false, inaccurate or misleading; xvii. Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
xviii. Commit any act that causes the Firm to lose (in whole or in part) the services of its internet service provider ("ISP") or in any manner disrupts the services of any other supplier/service provider of the Firm/Website;
xix. Engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services not currently displayed on the Website. The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other Users via the Website. It shall be a violation of these Terms to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another User of the Website without the express prior written consent of the Firm.
The User hereby expressly authorises the Firm/Website to disclose any and all information relating to the User in the possession of the Firm/Website to law enforcement or other government officials, as the Firm may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft / infringement of intellectual property. The User further understands that the Firm/Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website) as necessary to satisfy any judicial order, law, regulation or valid governmental request.
The User expressly agrees and acknowledges that the Firm/Website has no obligation to monitor the materials posted on the Website, but that it has the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, the User remains solely responsible for the content of the materials posted on the Website by him/her. In no event shall the Firm/Website assume or be deemed to have any responsibility or liability for any content posted, or for any claims, damages or losses resulting from use of any such content and/or the appearance of any content on the Website. The User hereby represents and warrants that he/she has all necessary rights in and to all content provided as well as all information contained therein, and that such content does not infringe any proprietary or other rights of any third party (ies), nor does it contain any libellous, tortuous, or otherwise unlawful or offensive material, and the User hereby accepts full responsibility for any consequences that may arise due to the publishing of any such material on the Website.
ii. Tugmycart platform shall enable easy downloadable facility at Tugmycart at one click.
iii. The Firm shall be legally authorised to sell the item(s) listed for sale on Website and have all the necessary licenses and permits required for such sale.
iv. Duty of Firm not to mislead the description of the item and describe actual details and authorization of the product.
a) If the User is in breach any of these Terms or the Policy;
b) If the User has provided wrong, inaccurate, incomplete or incorrect information;
c) If the User’s actions may cause any harm, damage or loss to the other Users or to the Website/Firm, at the sole discretion of the Firm.
d) If User’ action copying or duplicating in any manner any of content or other information available from the Website.
In no event shall the Firm/Website be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Firm/Website had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Website and/or the products, services or materials contained therein.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law, and the Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in the Firm/Website incurring any form of liability whatsoever, these Terms and the Policy will stand terminated one (1) day before the coming into effect of such statute, rule, regulation or amendment. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
The User may not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective Users of the Website, or that in any manner disparages or discredits the Firm/Website, to be determined in the sole discretion of the Firm.
The User is aware that the products displayed on the Website are the artistic creations of their respective owners, and that all intellectual property, including but not limited to copyrights, relating to said products resides with the said owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Website/Firm, or to the User. The User is aware that the Firm merely provides a platform through which the aforementioned products are listed for sale to the Users of the Website, and the neither the Firm nor the Website owns any of the intellectual property relating to the products displayed on the Website.
The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced / infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
b) The Firm/Website makes no representations, express or implied, including without limitation implied warranties of merchantability and license of a product for a particular purpose.
c) The Website and the Firm accepts no liability for any license, errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the Customer, resulting from the use or misuse of any product purchased by the User from the Website.
d) The Firm/Website does not guarantee that the functions and services contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Website.
e) It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
a) Mediation: In case of any dispute/claim/refund/compensation 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 herein 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 under Arbitration and Conciliation Act, 1996 by a sole arbitrator to be appointed by the Firm, 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 seat of Arbitration shall be in the state of Delhi, India.
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Delhi shall have exclusive jurisdiction over any disputes arising between the Parties.
b) Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
c) Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.