Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions ("Terms").
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.
In these Terms, references to "you", "User" hall mean the end user accessing the Website, its contents and using the Services offered through the Website, "Service Providers" mean independent third party service providers, and "we", "us" and "our" shall mean Vector E-commerce Private Limited and its affiliates.
Introduction:
a) www.tngstation.com website ("Website") is an Internet based content and e-commerce portal owned and operated by TNG Retail India Pvt. Ltd, a company incorporated under the laws of India.
b) Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. tngstation.com at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
Membership Eligibility:
Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below that of 18 years your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption the sale or purchase of which to/by minors are strictly prohibited.
Tngstation.com reserves the right to terminate your membership and refuse to provide you with access to the Site if tngstation.com discovers that you are under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by tngstation.com for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. Unless otherwise specified, the materials on this website are directed solely at those who access this website from India. tngstation.com makes no representation that any products or services referred to in the materials on this website are appropriate for use, or available outside India. Those who choose to access this Site from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. tngstation.com will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India.
Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of tngstation.com you agree to be bound by the Terms and Conditions.
User Account, Password, and Security:
You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify tngstation.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. tngstation.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
Services Offered:
tngstation.com provides a number of Internet-based services through the Web Site (all such services, collectively, the "Service"). One such service enables users to purchase original merchandise such as clothing, and accessories from various fashion and lifestyle brands. (Collectively, “Products"). Upon placing order, tngstation.com shall ship the product to you and be entitled to its payment for the Services.
Privacy Policy:
The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of tngstation.com in respect of the Website. The user further consents that the terms and contents of such Privacy Policy are acceptable to him.
Limited User:
The User agrees and undertakes not to reverse engineer, modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. 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 within the content of the Website is not permitted.
User Warranty and Representation:
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by tngstation.com.
Exactness Not Guaranteed:
tngstation.com hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Alterations to certain aspects of your order such as the merchandise brand, size, color etc. may be required due to limitations caused by availability of product difference in size charts of respective brands etc. In this instance you agree that tngstation.com will send an approval request via the email address which you submitted when placing your order. If you do not agree with the requested change you retain the right to reject the requested production change by replying to it within 10 days of it being sent to you. tngstation.com may re-request that you accept a production alteration one additional time if an alternative method to send your merchandise is available. If you reject this 2nd request your order will be cancelled and you will be fully refunded via your initial method of payment.
Intellectual Property Rights:
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, tngstation.com owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to tngstation.com without obtaining authorization from tngstation.com.
Links To Third Party Sites:
The Website may contain links to other websites ("Linked Sites").The Linked Sites are not under the control of tngstation.com or the Website and tngstation.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. tngstation.com is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. tngstation.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by tngstation.com or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
Indemnification:
You agree to indemnify, defend and hold harmless tngstation.com from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by tngstation.com 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.
Pricing:
Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at TNG’s discretion.
Credit Card Details:
You agree, understand and confirm that the credit card details provided by you for availing of services on tngstation.com will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to tngstation.com. Further the said information will not be utilized and shared by tngstation.com. With any of the third parties unless required for fraud verifications or by law, regulation or court order.tngstation.com will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you.
Fraudulent /Declined Transactions:
tngstation.com reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. tngstastion.com reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
Electronic Communications:
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You Agree and Confirm:
1) That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by tngstation.com for redelivery shall be claimed from you.
2) That you will use the services provided by tngstation.com, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
3) You will provide authentic and true information in all instances where such information is requested of you. tngstation.com reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), tngstation.com has the right in its sole discretion to reject the registration and debar you from using the Services of tngstation.com and or other affiliated websites without prior intimation whatsoever.
4) That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site
5) That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
6) That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.
You may not use the Site for any of the following purposes:
1. Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
2. Transmitting material that encourages conduct that constitutes a criminal offence results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
3. Gaining unauthorized access to other computer systems.
4. Interfering with any other person's use or enjoyment of the Site.
5. Breaching any applicable laws;
6. Interfering or disrupting networks or web sites connected to the Site.
7. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
Governing Law and Jurisdiction:
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Delhi shall have exclusive jurisdiction in any proceedings arising out of this agreement.
Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by TNG Retail India Ltd. and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Delhi. The High Court of judicature at Delhi alone shall have the jurisdiction and the Laws of India shall apply.
Reviews, Feedback, Submissions:
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to tngstation.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain tngstation.com property. Such disclosure, submission or offer of any Comments shall constitute an assignment to tngstation.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, tngstation.com owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. tngstation.com will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. tngstation.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
tngstation.com does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant tngstation.com the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Tngstation.com and its affiliates for all claims resulting from any Comments you submit. tngstation.com and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Objectionable Material:
You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, tngstation.com and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
Limitation of Liability and Disclaimers:
The Site is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Site. The Site provides content from other Internet sites or resources and while tngstation.com tries to ensure that material included on the Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. tngstation.com will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement.
To the fullest extent permitted under applicable law, tngstation.com or its suppliers shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement.
Without prejudice to the generality of the section above, the total liability of tngstation.com to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the product ordered by you.
tngstation.com, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, currentness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, tngstation.com assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site.
Site Security:
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. tngstation.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from tngstation.com on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
Entire Agreement:
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and tngstation.com with respect to the tngstation.com sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and tngstastion.com with respect to the tngstation.com sites/services. tngstation.com's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
Report Abuse:
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. tngstation.com does not review the contents in any way before they appear on the Website. tngstation.com does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to contactus@tngstation.com
Contact Details:
TNG Retail (India) Pvt. Ltd,
503, Patparganj, Industrial Area
New Delhi 110092
India
Phone: 011- 43089985-90 (6 Lines)
E-mail: contactus@tngstation.com