Terms and Conditions
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under 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.
Your use of a Thegbabe website www.Thegbabe.com (hereinafter referred to as “Thegbabe”) and services and tools are governed by the following terms and conditions as applicable to the Thegbabe. If you transact on Thegbabe, you shall be subject to the policies that are applicable to the website for such transaction. By mere use of the website you shall be contracting with Thegbabe, a proprietorship incorporated under Bombay Shop Act, 1947 with registered office at 1, Palacia, Udaybaug, Pune-411013, India and these terms and conditions constitute your binding obligations.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING
Use of the Thegbabe Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Thegbabe Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Thegbabe and shall not transact or use Thegbabe website. As a minor if you wish to use or transact on Thegbabe, such use or transaction may be made by your legal guardian or parents who have registered as users of the Thegbabe. Thegbabe reserves the right to terminate your membership and refuse to provide you with access to the Thegbabe if it is brought to Thegbabe’s notice or if it is discovered that you are under the age of 18 years.
Your Account and Registration Obligations
When You use the Website or send emails or other data, information or communication to Thegbabe, You agree and understand that You are communicating with Thegbabe through electronic records and You consent to receive communications via electronic records from Thegbabe periodically and as and when required. Thegbabe may communicate with You by email or by such other mode of communication, electronic or otherwise.
Membership on the Thegbabe is free. Thegbabe does not charge any fee for browsing and renting on the Thegbabe. However Thegbabe reserves the right to charge fee and change its policies from time to time. In particular, Thegbabe may at its sole discretion introduce new services and modify some or all of the existing services offered on the Thegbabe. In such an event Thegbabe reserves, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and related policies shall automatically become effective immediately once implemented on Thegbabe. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Thegbabe.
Use of Thegbabe Website www.Thegbabe.com
You agree, undertake and confirm that your use of Thegbabe shall be strictly governed by the following binding principles:
- You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Thegbabe reserves the right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of Thegbabe website, or any other systems or networks connected to Thegbabe Website or to any Thegbabe’s server, computer, network, or to any of the services offered on or through Thegbabe Website, by hacking, password “mining” or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of Thegbabe website or any network connected to Thegbabe website nor breach the security or authentication measures on Thegbabe website or any network connected to Thegbabe Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Thegbabe Website, or any other customer of Thegbabe, including any Thegbabe account not owned by you, to its source, or exploit Thegbabe Website or any service or information made available or offered by or through Thegbabe 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, as provided for by Thegbabe Website.
- You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Thegbabe Website or Thegbabe’s systems or networks, or any systems or networks connected to the Thegbabe.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Thegbabe on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
- 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 in any manner.
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Thegbabe, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Thegbabe shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Thegbabe.
- It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on Thegbabe and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of Thegbabe, and that the recipient may use such information to harass or injure you. Thegbabe does not approve of such unauthorized uses but by using the Thegbabe Website you acknowledge and agree that Thegbabe is not responsible for the use of any personal information that you publicly disclose or share with others on Thegbabe. Please carefully select the type of information that you publicly disclose or share with others on Thegbabe.
- Thegbabe.com 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/DDoS (Distributed Denial of Services).
Contents Posted on Site
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Thegbabe is owned, controlled or licensed by or to Thegbabe, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on Thegbabe products and services purposely made available by Thegbabe for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Thegbabe does not take responsibility or liability for the actions, products, content and services on Thegbabe website, which are linked to Affiliates and / or third party websites using Thegbabe APIs or otherwise. In addition, Thegbabe may provide links to the third party websites of affiliated companies and certain other businesses for which, Thegbabe assumes no responsibility for examining or evaluating the products and services offered by them, and Thegbabe does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Thegbabe does not in any way endorse any third party website(s) or content thereof
Thegbabe welcomes links to this site. You may establish a hypertext link to Thegbabe website, provided that the link does not state or imply any sponsorship or endorsement of your site by Thegbabe. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on the Thegbabe, including any logos or characters, without the express written consent of Thegbabe and the owner of the mark or materials. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Thegbabe website without Thegbabe’s prior written consent.
MANDATORY DECLARATION – COMPUTERS
- You hereby declare that you have provided all necessary Legal Details for the shipment of the product to the destination specified by you in the Order.
- You further declare that the Product will be acquired for personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered or in any way disposed for profit.
Disclaimer Of Warranties And Liability
This website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on Thegbabe on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Thegbabe does not warrant that:
- This website will be constantly available, or available at all; or
- The information on this website is complete, true, accurate or non-misleading.
Thegbabe will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, Thegbabe website.
Thegbabe does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through Thegbabe website; their servers; or electronic communication sent from Thegbabe are free of viruses or other harmful components.
Nothing on Thegbabe constitutes, or is meant to constitute, advice of any kind.
All the products sold on Thegbabe are governed by different state laws and if Thegbabe is unable to deliver such products due to implications of different state laws, Thegbabe will return or will give credit for the amount received by Thegbabe from the sale of such product, that could not be delivered to you.
You will be required to enter a valid phone number while placing an order on Thegbabe. By registering your phone number with us, you consent to be contacted by Thegbabe via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates. Thegbabe will not use your personal information to initiate any promotional phone calls or SMS’.
While availing any of the payment method/s offered at Thegbabe, Thegbabe will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
- Lack of authorization for any transaction/s, or
- Exceeding the preset limit mutually agreed by you and between your “Bank/s”, or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s.
All payments made against the purchases/services on Thegbabe by you shall be compulsorily in Indian Rupees acceptable by the Union of India. Thegbabe does not accept any other form of currency with respect to the purchases made on Thegbabe.
While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to: 1. lack of authorization for any transaction/s, 2. or exceeding the preset limit mutually agreed by you and between your “Bank/s”, 3. or any payment issues arising out of the transaction, 4. or decline of transaction for any other reason/s.
All payments made against the purchases/services on Thegbabe.com by you shall be compulsorily in Indian Rupees acceptable by the Union of India. Thegbabe.com does not accept any other form of currency with respect to the purchases.
Without limiting other remedies, Thegbabe may limit your activity, immediately remove your information, 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 Thegbabe website in the event, but not limited to:
- If Thegbabe is unable to verify or authenticate any information you provide; or
This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Pune.
Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on Thegbabe is presented solely for the purpose of sale in India. Thegbabe makes no representation that materials in Thegbabe are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and Thegbabe is not responsible for supply of goods/refund for the goods ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
Trademark, Copyright and Restriction
This site is controlled and operated by Thegbabe. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on Thegbabe web site owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
We at Thegbabe respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement you can write to us at email@example.com.
Risk of loss
All items purchased from Thegbabe.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Pricing on the product is as it shows, however due to any technical issue, typographical error or product information received from our suppliers’ prices of the product may vary. Thegbabe.com will try to be accurate, however if you come across any difference in pricing on the Thegbabe.com Website pre and post orders, we request you to contact us within 72 (Seventy Two) hours of placing your order. Thegbabe.com shall then refund the difference amount within 10-15 business days of intimation. The mode of refund will be the same as at the time of placing the order. Cash on Delivery order refunds will be done by Cheque. If Thegbabe.com comes across any such difference in pricing, it has all the rights to rectify the same or cancel the order.
3 Day Replacement Guarantee
1 Notify us of any defects in the product/s at the time of delivery of the product/s the same product/s will be replaced in return of the defective product/s.
2 Replacement can be for the entire product/s or part/s of the product subject to availability of the same with Thegbabe.com.
3 Replacement is offered for the product/s rented by Thegbabe.com ONLY.
Following products shall not be eligible for return or replacement:
• Damages due to misuse of product;
• Incidental damage due to malfunctioning of product;
Cancellation of order
Limitation of Liability
IN NO EVENT SHALL THEGBABE.COM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF THEGBABE.COM HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to firstname.lastname@example.org