Terms & Conditions

 

This document is an electronic record under Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.This document is published and shall be construed in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.tribefiction.com website.

 

User Agreement:

 

Tribefiction.com is owned and operated by Hillside Apparel Pvt Limited. Your use of www.tribefiction.com and all the web-pages, hyper-links, tools and services provided there under (hereinafter referred to as "the Website" which expression shall include the successor or replacement website) is governed by the following terms and conditions as applicable to the Website ("User Agreement"). This User Agreement shall come into effect upon every single visit or usage of the Website or upon your registration or upon you providing any information on the Website. In this User Agreement, you are contracting with tribefiction.com Platform Services.

 

For the purpose of the User Agreement, Registered User / Visitor and wherever the context so require 'You' shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as Registered User using the computer systems of the Website or who has used the Website without becoming a Registered User, and, in both the cases, accepted this electronic version / electronic record of the User Agreement. A Registered User has allocated himself a unique identification user name ("User ID" and "Password") to become Registered User. The term and expression 'You' shall , unless the context otherwise requires , include your legal heirs , receivers, successors, liquidators and permitted assigns. 

 

As a Registered User, this User Agreement shall be effective and binding upon your 'acceptance'. 'Acceptance' shall mean your affirmative action in clicking on 'check box' and /or on the 'continue button' and/or or any affirmative action as provided on the registration page or using or accessing the Website through logging in by Your third party website user ID and password including that of www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, twitter or any other social media website as permitted on the Website or generally using the Website in any manner, with or without using Your User ID and Password. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement, please do not click on the "check box" and on the "continue" button or any other button and do not seek to obtain access to or otherwise use the Website. 

 

Amendments to the User Agreement: The Platform may amend this User Agreement at any time by posting a revised version on the Website. The revised version will be effective right from the time Platform posts it on the Website. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement. 

 

Important Disclaimers:

 

The following disclaimers by the Platform are the key to determine any relationship between You and the Platform for Your use of the Website and for Platform providing any services on the Website: 

 

express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your risk. 

 

Platform, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. 

 

The Website is only a venue where users may meet and interact with one another for their transactions. Platform is not and cannot be a party to or control in any manner any transaction between two users of the Website. Platform neither recommends You to buy or sell any goods or services on the Website nor endorses any such goods or services nor provides any guarantee, warranty or assurance with respect to any goods or services made available on the Website. Further, Platform does not guarantee, warranty or provide any assurance on the behaviour of any user of the Website including any guarantee, warranty or assurance that any user (whether buyer or seller) will complete any transaction or act in a prudent manner. Save as otherwise provided in the clause titled "Limitation of Liability", Your sole and exclusive remedy and Platform's sole and exclusive responsibility and liability is to provide You necessary information (subject to Privacy Policy and applicable laws) for You to deal with other users of the Website with respect to any dispute. 

 

The Platform provides certain independent services to facilitate the transactions between users of the Websites and such independent services may include listing management, warehousing services, logistics services, making available courier services and making available certain certification services, payment facilitation through bank(s) under applicable laws. You understand, agree and acknowledge that the Platform will engage independent third party service providers to perform these services. The Platform may on reasonable efforts basis procure ordinary industry standard warranties from these third parties. You further understand, agree and acknowledge that the Platform will not be held liable or responsible towards You or towards any person claiming under or through You for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or under public policy) of these third parties unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of Platform and in such an event the total aggregate liability of the Platform shall be limited to the extent provided in the clause titled "Limitation of Liability". 

 

You understand, agree and acknowledge that Platform uses third party services providers to store and process Your personal information and other information which You provide to the Platform (as more specifically identified in the Privacy Policy) and such third parties may store and process your personal information in a country or state which may not have jurisdiction over You and / or such country or state may not have any data protection or data privacy laws or such country's or state's data protection or data privacy laws may not be as strong as the country or state having jurisdiction over You or over the Platform. You agree and understand that Platform provides no guarantee, warranty or assurance that such third party service providers will protect Your personal information and Platform shall not be liable for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or under public policy) of these third parties unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of Platform. 

 

You agree that the aforesaid disclaimers shall be in addition to any other disclaimers given in this User Agreement. 

 

Electronic Communications:

 

When You use the Website or send emails or other data, information or communication to the Platform, You agree and understand that You are communicating with the Website and Platform and all other Registered Users and Visitors through electronic records which are legally identifiable and enforceable, and You consent to receive communications via electronic records from the Website, Platform and all other Registered Users and Visitors and as and when posted, communicated or required. 

 

Service of Notice: The Registration Data and email ID or Your account details of the third party website through which You register with the Website will be construed as Your 'designated electronic address' and the Platform, Website, other Registered Users, Visitors, third parties and law enforcement agencies will communicate with You on your designated electronic address which will be deemed adequate service of notice / electronic record. 

 

By implied or express acceptance of this User Agreement, You also accept and agree to be bound by various policies of the Platform as posted from time to time in various hyperlinks on the Website. 

 

Membership Eligibility:

 

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872 and any other applicable law for this purpose. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 and any other applicable law for this purpose including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not sell, purchase or bid for any items on the Website. As a minor if you wish to purchase or sell an item on the Website such purchase or sale may be made by your legal guardian or parents who have registered as users of the Website. Platform reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to Platform's notice or if it is discovered that you are under the age of 18 years or are otherwise "incompetent to contract". If you are registering as or on behalf of a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement. 

 

Your Account and Registration Obligations:

 

If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by Website registration form or provided by You as a Visitor or user of a third party site through which You access the Website. If you provide any information that is untrue, inaccurate, not current or incomplete or Platform has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Platform has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website. 

 

You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in Your information, in any media or medium now known or developed, produced, invented or used in future, with respect to Your information. 

 

Fees and Services: Membership on the Website is free. Platform does not charge any fee for browsing, bidding and buying on the Website. 

 

Taxes: You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon. 

 

Platform for Communication: The Website is only a venue where users may meet and interact with one another for their transactions. Platform is not and cannot be a party to or control in any manner any transaction between two users of the Website. 

 

All commercial / contractual terms are offered by and agreed to between buyers and sellers alone. The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to goods and services and after sales services related to goods and services. Platform does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and sellers. Without prejudice to the foregoing, the Platform may provide certain transaction support services to sellers and buyers on the website as provided in various rules and policies on the Website. 

 

Platform is not responsible for any non-performance or breach of any contract entered into between users. Platform cannot and does not guarantee, warranty , assure or ensure that the users will perform, undertake, consume or conclude any transaction conducted on the Website. Platform shall not and is not required to mediate or resolve any dispute or disagreement between users. 

 

Platform does not make any representation or warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the Website. In particular, Platform does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. Platform accepts no liability for any errors or omissions, whether on behalf of itself or third parties. 

 

Platform does not make any representation or warranty as to the attributes (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 deal with on the Website and use your best judgment in that behalf. 

 

Platform is only providing a platform or venue for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the seller and the buyer. At no time shall any right, title or interest over the items vest with Platform nor shall Platform have any obligations or liabilities in respect of such contract, except for certain transaction support services as provided in various rules and policies on the Website. 

 

Platform is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply. 

 

You release and indemnify Platform and/or any of its directors, officers, personnel and representatives from any cost, damage, liability or other consequence of any of your actions on the Website and specifically waive any claims that you may have in this behalf under any applicable law.

 

Platform cannot 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, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. 

 

Privacy

 

The Platform collects, stores, processes and uses Your information in accordance with Platform Privacy Policy. By using the Website and/ or by providing your information, you consent to the collection and use of the information you disclose on the Website by Platform in accordance with Platform Privacy Policy. 

 

Payment Facility

 

Platform may from time to time contract with third party payment service providers including banks to open account under applicable Indian laws, to facilitate the payment between users i.e. buyers and sellers and for collection of Platform Fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, cash on delivery or demand draft / pay order on delivery service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be , of payment or supporting the same in any manner. 

 

Breach

 

Without limiting other rights and remedies, Platform may limit your activity, immediately remove your information or buys, or end your listing, warn other users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:

 

16.1. If you breach the User Agreement or any terms or policies of the Website;

16.2. if your actions may cause legal liability for you, other users or Platform.

Platform may at any time at its sole discretion reinstate suspended users. Platform reserves the right to recover any amounts due and owed by you to Platform and to take strict legal action including , but not limited to , a referral to the appropriate police or other competent authorities for initiating criminal or other legal proceedings against you.

 

No Warranty and Disclaimers

 

Platform and its suppliers, affiliates and service providers provide the Website and services on "as is" basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your risk. 

 

Platform, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. 

 

Governing Law:

 

This User Agreement and all the rules and policies contained herein and any of Your usage of Website and Your dealings with Platform shall be governed and construed in accordance with the laws of India. 

 

Coupons Terms & Conditions:

 

The offer contained in the electronic communication ("E-Coupons") is made by tribefiction.com and is open to targeted http://www.tribefiction.com registered users ("Users"). These terms and conditions are in addition to the existing tribefiction.com Terms of Use . E-Coupons are also not offered to, and shall not be used by, such Users who under any statutory obligations are prohibited to use E-Coupons. E-Coupon is the property of tribefiction.com has the right to cancel the E-Coupons at will and at any time (including during the validity period of the E-Coupon) without -giving any prior intimation to the User. E-Coupons can also be cancelled in case the User is in violation of tribefiction.com Terms of Use.User using the E-Coupons in any manner shall be deemed to have read, understood and accepted these terms and conditions.

 

The value and the mode of using the E-Coupon are mentioned in the electronic communication.

The validity of E-Coupon is subject to the condition that the User remains a registered user and is neither suspended nor in violation of tribefiction Terms of Use.

 

E-Coupons can be redeemed only on purchases made through www.tribefiction.com on those listings which provide for an option of E-Coupon payments. E-Coupons shall be invalidated in case of rejection of payment by tribefiction due to tribefiction's risk containment measures. E-Coupons cannot be used to buy any item which is illegal or prohibited by tribefiction.com Terms of Use. 

 

One E-Coupon can be used only for one purchase irrespective of the value of such purchase and the unutilized or underutilized value of the E-Coupons shall be forfeited and the User cannot claim any benefit or a substitute E-Coupon in lieu of the same. The purchase value of the item in excess of the value of the E-Coupon shall be paid by the User along with using the E-Coupon. 

 

E-Coupon carries no cash value and cannot be transferred, negotiated or sold and cannot be redeemed against cash. E-Coupons cannot be combined with any other coupons or any other offer or discounts or promotions. 

 

Disclaimers:

 

tribefiction.com is not responsible for any typographical error leading to an invalid coupon. tribefiction.com does not guarantee that any one or more listings on www.tribefiction.com or the desired listings of the Users would have E-Coupon as the payment option. tribefiction.com is neither recommending you to purchase the specific item which you intend to purchase or actually purchase using E-Coupon nor tribefiction.com is warranting or endorsing any product or services listed on www.tribefiction.com nor warranting or verifying or guarantying the performance or conduct of any seller or of any third party. tribefiction.com shall not be liable for any lost or stolen E-Coupon and E-Coupons once issued shall not be reissued. tribefiction.com makes no representation or warranties of any kind regarding any product or service provided by any third party in connection with any E-Coupon and shall not be responsible for any costs, damages, accident, delay, injury, loss, expense or inconvenience that may arise in connection with the use of E-Coupons. 

 

Limitation of Liability: Under no circumstances tribefiction.com liability shall exceed giving the User a replacement E-Coupon of the same nature and of the same value. These terms and conditions are subject to Indian laws and any dispute shall be subject to jurisdiction of the courts in Haryana (India) only.

 

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