Terms & Conditions
This document is an
electronic record in terms of Information Technology Act, 2000 (“IT 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.
This document is
published 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 Terms of Use for access to or usage
of www.TSF.com website.
The domain name www.TSF.com
(hereinafter referred to as 'Website') is owned by TEJ INTERNATIONAL PVT. LTD.
(hereinafter referred to as 'TSF'), a company incorporated under the Companies
Act, 1956, with its registered office at Tej International Pvt. Ltd. 10th-11th
mile-stone Agra-Mathura Road, Artoni , Agra – 282007, U.P, India.
For the purpose of the
Terms of Use (hereinafter referred to as “ToU”), wherever the context so
requires, ‘you’ and ‘your’ shall relate to any natural or legal person who has
agreed to become a seller on the Website by providing registration data while
registering on the Website using computer systems. The word ‘user’ shall
collectively imply a seller, a buyer, and any visitor on the Website and the
terms ‘we’, ‘us’ and ‘our’ shall mean TSF.
Your use of the
Website, services, and tools is governed by the following terms and conditions
(ToU) including applicable policies incorporated herein by way of reference. If
you transact on the Website, you shall be subject to the policies that are
applicable to the Website for such a transaction. By mere use of the Website
you shall be contracting with TSF, and these terms and conditions including the
policies constitute your binding obligations to TSF.
When you use any of
the services provided by us through the Website -- including but not limited to
(e.g. customer reviews) you will be subject to the rules, guidelines, policies,
terms and conditions applicable to such services and they shall be deemed
incorporated into the ToU and considered a part and parcel of the ToU. We
reserve the right, at our sole discretion, to change, modify, add, or remove
portions of the ToU at any time and without any prior written notice to you. It
is your responsibility to review the ToU periodically for updates/changes. Your
continued use of the Website following the posting of changes will mean that you
accept and agree to the revisions. As long as you comply with the ToU, we grant
you a personal, non-exclusive, non-transferable, and limited privilege to enter
and use the Website.
ACCESSING, BROWSING,
OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT WITH ALL THE TERMS AND
CONDITIONS UNDER THE TOU, SO PLEASE READ THE TOU CAREFULLY BEFORE PROCEEDING.
By impliedly or expressly accepting the ToU, you also accept and agree to be
bound by TSF’s policies (including but not limited to Privacy Policy),
as amended, from time
Use
of the Website
You agree and understand and agree
that TSF and the Website merely provides hosting services to its Registered
Users and persons browsing/visiting the Website. All items advertised / listed
and the contents therein are advertised and listed by Registered Users and are
third party user generated contents. TSF neither originates nor initiates the
transmission nor select the sender and receiver of the transmission nor selects
nor modify the information contained in the transmission. TSF has no control
over the third party user generated contents. TSF is merely an intermediary and
does not interfere in the transaction between Buyers and Sellers.
You agree, undertake and confirm
that your use of the Website shall be strictly governed by the following
binding principles:
1. You shall not host, display,
upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and
over which you have no right;
(b) is grossly harmful, harassing,
blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive
of another’s privacy, hateful, or racially, ethnically objectionable,
disparaging, relating to or encouraging money laundering or gambling, or
otherwise unlawful in any manner whatever, or unlawfully threatening or
harassing, including but not limited to ‘indecent representation of women’
within the meaning of the Indecent Representation of Women (Prohibition) Act,
1986;
(c) is misleading in any way;
(d) is patently offensive to the
online community, such as sexually explicit content or content that promotes
obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind
against any group or individual;
(e) harasses or advocates harassment
of another person;
(f) involves the transmission of
‘junk mail’, ‘chain letters’, unsolicited mass mailing, or ‘spamming’;
(g) promotes illegal activity or
conduct that is abusive, threatening, obscene, defamatory, or libelous;
(h) 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];
(i) promotes an illegal or
unauthorized copy of another person's copyrighted work (see ‘Copyright
complaint" below for instructions on how to lodge a complaint about
uploaded copyrighted material) such as providing pirated computer programs or
links, information to circumvent manufacturer-installed copy-protect devices,
or pirated music or links to pirated music files;
(j) contains restricted or
password-only access pages, hidden pages or images (those notlinked to or from
another accessible page);
(k) provides material that exploits
people in a sexual, violent or otherwise inappropriate manner or solicits
personal information from anyone;
(l) provides instructional
information about illegal activities such as making or buying illegal weapons,
violating someone's privacy, providing or creating computer viruses;
(m) contains videos, photographs or
images of another person (with a minor or an adult);
(n) tries to gain unauthorized
access or exceeds the scope of authorized access to the Website, profiles,
blogs, communities, account information, bulletins, friend requests, or other
areas of the Website, or solicits passwords or personal identifying information
for commercial or unlawful purposes from other users on the Website;
(o) engages in commercial activities
and/or sales such as contests, sweepstakes, barter, advertising, pyramid
schemes, or the buying or selling of ‘virtual’ items related to the Website
without our prior written consent. Throughout the ToU, TSF’s prior written
consent means a communication coming from the TSF’s Legal Department in
response to your request and specifically addressing the activities or conduct
for which you have sought authorization; (p) solicits gambling or engages in
any gambling activity which we, at our sole discretion, believe is or could be
construed as being illegal;
(q) interferes with another’s use
and enjoyment of the Website;
(r) refers to any website/URL which,
at our sole discretion, contains material that is inappropriate for the Website
or any other website and content that is prohibited or violates the letter and
spirit of ToU;
(s) harms minors in any way;
(t) infringes any patent, trademark,
copyright, proprietary rights, third-party’s trade secrets, rights of publicity,
or privacy, is fraudulent, or involves the sale of counterfeit or stolen items;
(u) violates any law for the time
being in force;
(v) deceives or misleads the
addressee/ users about the origin of such messages or communicates any
information which is grossly offensive or menacing in nature;
(w) impersonates another person;
(x) contains software viruses or any
other computer codes, files, or programs designed to interrupt, destroy, or
limit the functionality of any computer resource; or contains any trojan
horses, worms, time bombs, cancellous, 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;
(y) threatens the unity, integrity,
defense, 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 investigation of any offence, or is insulting any other
nation;
(z) shall not be false, inaccurate,
or misleading;
(aa) shall not, directly or
indirectly, offer or attempt to offer trade or attempt to trade in any item
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;
(ab) shall not create liability for
us or cause us to lose (in whole or part) the services of our Internet Service
Provider (“ISPs”) or other suppliers.
2. You shall not use any
‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’, automatic device, program,
algorithm, methodology, or any similar or equivalent manual process to access,
acquire, copy, monitor any portion of the Website or content, in any way
reproduce, or circumvent the navigational structure, presentation of the
Website, or any content to obtain or attempt to obtain any material, documents,
or information through any means not purposely made available through the
Website. We reserve our right to bar any such activities.
3. You shall not attempt to gain
unauthorized access to any portion or feature of the Website, other systems,
networks connected to the Website, server, computer, network, or the services
offered on or through the Website by hacking, password ‘mining’, or any other
illegitimate means.
4. You shall not probe, scan or test
the vulnerability of the Website or any network connected to the Website or
breach the security, authentication measures on the Website or any network
connected to the Website. You may not reverse look-up, trace or seek to trace
information on any other user of or visitor to Website (including any account
on the Website that is not owned by you) or to its source or exploit the
Website, any service, information made available, or offered by or through the
Website in any way where the purpose is to reveal any information (including
but not limited to personal identification or information other than your own
information) provided by the Website.
5. You shall not make any negative,
denigrating, or defamatory statement(s)/comment(s) about us, the brand name, or
domain name used by us, including the terms TSF,
TSF.com or otherwise engage in any conduct or
action that might tarnish the image or reputation of TSF or sellers on the
platform or otherwise tarnish or dilute any TSF trade mark, service marks,
trade name and/or goodwill associated with such trade, service marks or trade
name as may be owned or used by us. You agree that you will not take any action
that imposes an unreasonable or disproportionately large load on the
infrastructure of the Website or TSF’s systems, networks, or any systems or
networks connected to TSF.
6. You agree not to use any device,
software or routine to interfere or attempt to interfere with the proper
working of the Website, any transaction being conducted on the Website or any
other person’s use of the Website.
7. You may not forge headers or
otherwise manipulate identifiers in order to disguise the origin of any
message, transmittal you send to us on or through the Website, or any service
offered on or through the Website. You may not pretend that you are or
represent someone else or impersonate any other individual or entity.
8. You may not use the Website or
any content for any purpose that is unlawful or prohibited by the ToU or to
solicit the performance of any illegal activity or other activity which
infringes the rights of TSF and/or others.
9. You shall at all times ensure
full compliance with the applicable provisions of the Information Technology
Act, 2000, and the rules thereunder as applicable and 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
items 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. In particular
you shall ensure that if any of your items listed on the Website qualifies as
an "Antiquity" or "Art treasure" as defined in the Act
("Artwork"), you shall indicate that such Artwork is "non-exportable"
and sold subject to the provisions of the Antiquities and Art Treasures Act,
1972, and shall ensure that it is not delivered to any buyer at any place
outside India.
10. Solely to enable us to use the
information you provide us with and so that we do not violate any rights you
might have in your information, you agree to grant us a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, and sub-licensable (through
multiple-tiers) right to exercise the copyright, publicity or database rights
or any other rights you have in your information or in any media now known or
not currently known with respect to your information. We will only use your
information in accordance with the ToU and Privacy
Policy applicable to the use of the Website.
11. From time to time you shall be
responsible for providing information relating to the items 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 items or services so as to mislead other users
on the website in any manner.
12. You shall not engage in
advertising or solicitation of other sellers on the Website to buy or sell any
products or services, including but not limited to products or services related
to what is displayed on the Website or us. You may not transmit any chain
letters or unsolicited commercial or junk email to other users via the Website.
It shall be a violation of the ToU to use any information obtained from the
Website in order to harass, abuse, or harm others or contact, advertise and
sell to or solicit persons other than those who have chosen to buy from you. In
order to protect our users from such advertising or solicitation, we reserve
the right to restrict the number of messages or emails which a seller may send
to other users in any 24-hour period, which we deem appropriate at our sole
discretion. You understand that we have the right at all times to disclose any
information (including the identity of the persons who have provided
information or material on the Website) as necessary to satisfy any law, regulation,
or valid governmental request. This may include, without limitation, disclosure
of the information in connection with the investigation of an alleged illegal
activity or its solicitation, response to a lawful court order or subpoena. In
addition, we can (and you hereby expressly authorized us to) disclose any
information about you to law enforcement or other government officials as we,
at our sole discretion, believe necessary or appropriate in connection with the
investigation and/or resolution of possible crimes, especially those that may
involve personal injury. We reserve the right, but have no obligation, to
monitor the material posted on the Website. TSF shall have the right, at its
sole discretion, to remove or edit any content that violates or is alleged to
violate any applicable law or either the spirit or letter of the ToU.
Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF
THE MATERIAL YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be
advised that such content posted does not necessarily reflect TSF’s views. In
no event shall TSF assume or have any responsibility or liability for any
content posted on the Website or claims, damages, or losses resulting from its
use and/or appearance of it on the Website. You hereby represent and warrant
that you have necessary rights to all the content 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 libelous, tortious,
or otherwise unlawful information.
13. Your correspondence or business
dealings with or participation in the promotion of advertisers on or through
the Website (including payment and delivery of related products or services,
any other terms, conditions, warranties, or representations associated with
such dealings) are solely between you and such advertisers. We shall not be
responsible or liable for any loss or damage of any sort incurred as a result
of such dealings or the presence of such advertisers on the Website.
14. It is possible that other users
(including unauthorized persons or ‘hackers’) may post or transmit offensive or
obscene material on the Website and that you may be involuntarily exposed to
such material. It is also possible for others to obtain personal information
about you due to your use of the Website and use such information to harass or
injure you. We do not approve of such unauthorized uses but by using the
Website, you acknowledge and agree that we are not responsible for the use of
any personal information that you publicly disclose or share with others on the
Website. Please carefully select the type of information that you publicly
disclose or share with others on the Website.
15. TSF shall have all the rights to
take necessary action and claim damages that may occur due to your
involvement/participation in any way on your own or through group(s) of people,
intentionally or unintentionally, in DoS (denial of service) / DDoS
(Distributed Denial of Services).
Contact Us
Please send any comments or
questions, including all enquiries not related to copyright infringement, on
the Website to ss@TSF.com.
In accordance with the IT Act, 2000,
and the rules thereunder, the name and contact details of the Online Head are provided below:
TEJ INTERNATIONAL PVT. LTD.
10th-11th Milestone, Agra-Mathura
Road, Artoni,
Agra-282007,U.P,India
Phone:+91- 9568881114, 8447748512
Email:support@tsfshoes.com
Time: Mon – Sat (9:00 – 18:00)