A. Introduction
By using, accessing, viewing, subscribing to services offered by Tamroh.com including any webpage, feature, information, data contained therein you agree to be bound by and abide by the terms and conditions under which these services are offered. You should not use any Tamroh.com services in case any of the terms and conditions is not acceptable to you. You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to represent and bind the other party to this Agreement. You shall not use this Service if you are not competent to contract under the applicable laws, rules and regulations. This Agreement shall continue to be in full force and effect for so long as you are using our services. Tamroh.com may at any time modify the terms and conditions ("Terms") of the Service without any prior notification to you. You can access the latest version of the Terms here at any given time. You should regularly review the Terms. In the event the modified Terms are not acceptable to you, you should discontinue using the service. However, if you continue to use the service you agree to accept and abide by the modified Terms. The use of the Website is offered to you conditioned on Your ‘Acceptance’ of all the terms, conditions and notices contained in this User Agreement. Upon "Acceptance", this User Agreement shall be effective and binding upon you along with any amendments made by Tamroh Trading & Services Private Limited at its sole discretion and posted on the Website. For the aforesaid purposes, 'Acceptance' shall mean Your affirmative action in clicking on “I ACCEPT” “I APPROVE” “I AGREE” and on the 'continue button' or any act which reflects Your use of the Website or the services provided by the Website or any such other actions that imply Your acceptance. You hereby further agree that this User Agreement is being concluded and executed at Tamroh Trading & Services Pvt Ltd. Your use of the Website implies that you agree with the terms of the User Agreement
B. Amendments
When you use any of the services provided by us through the Website, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this User Agreement and shall be considered as part and parcel of this User Agreement. We reserve the right, at our sole discretion, to change, modify, add or remove portions of the User Agreement, at any time without any prior written notice to you. It is Your responsibility to review this User Agreement 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 provisions of this Agreement, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
C. Membership Eligibility
Use of the 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 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 except through Your legal guardian or parents who have registered as users on the Website or can use the Website as Guest User. Tamroh.com reserves the right to terminate Your membership and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.
D. Business entity registration
If you are registering as a business entity, you represent that you are duly authorized to accept this User Agreement and you have the authority to bind your business entity to this User Agreement.
E. Your Account and Registration Obligations
If you use the Website as a 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 (if registered) or email ID and phone number (if Guest User) as the case may be. Also as a Guest User, you shall ensure the physical security and possession of Your phone, the details of which are used to transact services with Tamroh.com. You agree, inter alia, to:
i. Provide true, accurate, current and complete information about yourself as prompted by Tamroh.com's registration form or provided by You as a Guest User (such information being the "Registration Data")
ii. You must not include any of Your contact details such as email addresses etc. in Your User ID while registering as a Registered User; and
iii. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times;
iv. You must immediately notify us of any unauthorized use of Your password or account or any other breach of security, and
v. Ensure that You exit from Your account at the end of each session.
If you provide any information that is untrue, inaccurate, not current or incomplete or Tamroh.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Tamroh.com 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. Tamroh.com shall not be liable for any loss or damage arising from your failure to comply with this Clause 2.
F. Electronic Execution and Communications
When You use the Website or send emails or other data, information or communication to Tamroh.com, You agree and understand that you are communicating with Tamroh.com through electronic records. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all the agreements, notices, disclosures and other communications that we provide to you electronically shall be deemed to be adequate services of notice/electronic record and satisfy any legal requirement that such communications be in writing.
G. Fees and Services
Membership on the Website is free. Tamroh.com does not charge any fee for browsing and buying on the Website. However, before You list an item for sale through the Website, we request You to review our Fees and Credit Policy, which is hereby incorporated by reference into this agreement. Tamroh.com reserves the right to change its Service Fee and Credit policies from time to time at its sole discretion including without limitation right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Any modifications to the Fee and Credit policies shall be posted on the Website and such changes shall become effective immediately. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to Tamroh Trading & Services Private Limited within such time as specified in the invoice.
Non-payment: Tamroh.com reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to all current and future use of the Website in case of non-payment of fees by You to Tamroh.com. Tamroh.com also reserves the right to take legal action in case of non- payment of fees.
H. Use of the Website
You understand and agree that Tamroh Trading & Services Private Limited 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. Tamroh.com neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. Tamroh.com has no control over the third party user generated contents and does not provide any guarantee with respect to any such contents and Tamroh Trading & Services Private Limited shall not be held liable for any loss suffered by You based on Your reliance on or use of such data/content.
You agree, undertake and confirm that your use of the website shall be governed by the following guidelines:
“Your Information” is defined as any information You provide to us or other users of the Website ("Users") in the registration (as Registered User or as Guest User), buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information and we act only as a passive conduit for Your online distribution and publication of
I. Your information
Tamroh.com shall have the right to use Your Information as provided by You and such usage of Your information by us does not amount to violation of any rights You might have in Your Information. You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) You have in Your Information, in any media now known or not currently known, with respect to Your Information. Tamroh.com will only use Your Information in accordance with the User Agreement and Tamroh.com's Privacy Policy.
You represent and confirm that You shall be the sole and exclusive legal owner of all items, goods or products of any description that You wish to offer for sale on the Website. You shall have absolute right, title and authority to deal in and offer for sale such items, goods or products.
In the event that any transaction or attempted transaction relating to any item, good or service which is in violation of this User Agreement or applicable law comes to Your knowledge, You shall take all steps to inform www.tamroh.com of the same at support@tamroh.com.
You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item or services being sold or purchased on the Website.
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. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about You due to Your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve such unauthorized use, 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.
J. Platform for Communication
TAMROH.COM's ROLE IS THAT OF AN INTERMEDIARY IN THE FORM OF AN ONLINE MARKETPLACE AND IS LIMITED TO MANAGING THE WEBSITE TO ENABLE SELLER TO EXHIBIT, ADVERTISE, DISPLAY, MAKE AVAILABLE AND OFFER TO SELL THE PRODUCTS AND TO ENABLE BUYER TO PURCHASE THE PRODUCTS SO OFFERED, AND OTHER INCIDENTAL SERVICES TO FACILITATE THE TRANSACTIONS BETWEEN SELLERS AND THE BUYERS. ACCORDINGLY, THE CONTRACT FOR SALE OF ANY OF THE PRODUCTS OR SERVICE SHALL BE A BIPARTITE CONTRACT BETWEEN SELLER AND THE BUYER. AT NO TIME SHALL TAMROH TRADING & SERVICES PRIVATE LIMITED HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF SUCH CONTRACT NOR SHALL TAMROH.COM HOLD ANY TITLE IN THE PRODUCTS. THE TITLE IN THE PRODUCTS AND OTHER RIGHTS AND INTEREST IN THE PRODUCTS SHALL DIRECTLY PASS TO THE BUYER FROM THE SELLER.
Tamroh.com does not control, endorse or accept responsibility for any product (including but not limited to product catalogues) proposed to be sold or offered to be sold or purchased on the website or any linked sites. Tamroh.com makes no representations or warranties whatsoever about, and shall not be liable for the Seller or any such third parties, their products including representations relating to merchantability, fitness of a product or service for a particular purpose, warranty as to specific products and non-infringement of third party intellectual property rights. Any transactions that the Buyer may have with such third parties are at Buyer's own risk. The products shall be subject to Seller's terms and conditions for warranty, service and maintenance, and Tamroh.com does not accept any responsibility for the same. Tamroh.com also does not accept any responsibility for the usage of the products by the Buyer.
Tamroh.com specifically disclaims any liability with regard to any illegal, infringing, fake, duplicate, spurious, defective or counterfeit, refurbished, expired products purchased by the Buyer from the Seller and Tamroh.com shall not assume any liability if the product purchased or availed by the Buyer from the Seller is not exactly as per specifications detailed in the purchase confirmation of the order.
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 and after sales services related to goods and services. Tamroh.com 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.
Tamroh.com is not responsible for any non-performance or breach of any contract entered into between Users (includes Registered User or Guest User). Tamroh.com cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website. Tamroh.com shall not and is not required to mediate or resolve any dispute or disagreement between Users.
Tamroh.com 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.
Tamroh.com does not warrant that the sale price provided by the Seller of the product is accurate, proper and valid. Any error in the sale price shall be solely attributed to the Seller and not to Tamroh.com. Prices, Product description and availability of the Product are Seller's responsibility.
Tamroh.com does not at any point of time during any transaction between the Buyer and the Seller on the Website come into or takes of any of the goods or services offered by Seller nor does it at any point gain title to or have any rights or claims over the goods or services offered by the Seller to the Buyer. Tamroh Trading & Services Private Limited may provide fulfillment and logistics services to certain merchants/Sellers but still does not take possession or title of any product or service sold.
Buyer expressly acknowledges that the Seller selling the defective Product will be responsible to the Buyer for any claims that the Buyer may have in relation to such defective Product and Tamroh.com shall not in any manner be held liable for the same.
The Website is only a venue through which Users can reach a larger base to buy and sell items or services. Tamroh.com is only providing a platform 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 Tamroh.com nor shall Tamroh.com have any obligations or liabilities in respect of such contract. Tamroh.com 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 as offered by the Sellers.
At no time shall any right, title or interest over the items vest with Tamroh.com nor shall Tamroh.com have any obligations or liabilities in respect of such contract. Tamroh.com 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 offered by the Sellers are only for a restricted time and only for the available supply as offered by Sellers.
You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other Users that You transact with.
You release and indemnify Tamroh.com and/or any of its shareholders, directors, officers, employees and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that You may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Tamroh.com 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. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under any kind of false pretense with mala fide intentions to deceive or cheat.
K. Disclaimer
You acknowledge and undertake that you are accessing the services on the Website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Website. We shall neither be liable nor responsible for any actions or inactions of Sellers nor any breach of conditions, representations or warranties by the Sellers or manufacturers of the products and hereby expressly disclaim any and all responsibility and liability in that regard.
L. Breach
Without limiting other remedies, www.tamroh.com may limit your activity, immediately remove your information or end your listing, warn other users of your actions, temporarily/indefinitely suspend or terminate or block Your membership, and/or refuse to provide you with the access to the website in the event, but not limited to:
a. If you breach the user Agreement or Privacy Policy or the documents, agreements rules, policies, terms and conditions as incorporated herein by reference;
b. If Tamroh.com is unable to verify or authenticate any information provided by You; or
If it is believed that your actions may cause legal liability for other Users or Tamroh.com. We may at any time at our sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with Tamroh.com or use the Website in any manner whatsoever until such time that such User is reinstated by Tamroh.com. Notwithstanding the foregoing, if You breach the User Agreement or any other documents it incorporates by reference, Tamroh.com reserves the right to recover any amounts due and owing by You to Tamroh.com and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against You.
M. Buying
All purchases on the Website are a firm commitment to purchase. If You are the purchaser for any item, You are obligated to complete the transaction with the Seller.
By purchasing on an item You agree to be bound by the conditions of sale included in the item's description (or linked to from the description) so long as those conditions of sale are not in violation of the User Agreement or are unlawful. In case of consumer goods, the Sellers on the Website may or may not specify the retail prices of the items being sold. You are advised to independently verify the retail prices of such items if you so desire.
Tamroh.com strongly advises you not to test the Website with false purchases, as it will put you at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator. Willfully entering erroneous or fictitious bids may result in prosecution by Tamroh.com.
Please note that in the event any inaccurate information is provided by You regarding Your identity, Your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify You. If you are a registered Buyer on the Website we encourage you to post feedback for the Seller after the transaction is closed.
Tamroh Trading & Services Private Limited does not permit the merchants to sell duplicate, spurious, knock-offs items. Merchant guarantees to sell only genuine products to customers through Tamroh.com. All Merchants listing their products on Tamroh.com are required to enter into an agreement to list and sell only genuine products. We also encourage the merchants to extend all the warranties, guarantees as entailed in the product by the Merchant/Seller to You, all this at a great price and with the best customer services in the industry. It is however clarified that the Tamroh Trading & Services Private Limited seeks to ensure the aforesaid only on a best endeavor basis and does not assure or provide any personal warranties or assumes and liability or responsibility pertaining to the genuinity and authenticity of the products and/or the Seller, for which the Seller shall be solely responsible.
If Tamroh.com has suspicion or knowledge, that any of its members are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Tamroh.com may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the user id of Registered User and such necessary action against the Guest User of such member and/or disqualify that member and any related members from availing protection through this program.
Tamroh.com reserves its right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claim or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Tamroh.com may at its sole discretion suspend, block, restrict, cancel the User ID [and its related user ids] of such user and/or disqualify that member and any related members from availing protection through this program.
Any person who, knowingly and with an intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information shall be guilty of a criminal offence and will be prosecuted to the fullest extent under the law.
N. Selling/ Advertising
As a registered member, You may list item/s for sale/advertising on the Website in accordance with the Listing Policies more fully detailed at Tamroh.com Rules and Policies https:// tamroh.com/policy which Policy is incorporated by way of reference in this Agreement. You represent that You are legally allowed to sell/advertise the item(s) You list for sale/advertising on Tamroh.com. You further agree to ensure that the products sold/advertised by You through Tamroh.com are genuine and are not counterfeit or stolen items. You further agree to ensure that the items/products listed by You on Tamroh.com do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of any third parties.
You acknowledge and understand that "Listings" may include text descriptions, graphics and pictures that describe Your item for sale. You shall be deemed to be infringing the intellectual property rights of a third party if You are (i) affixing a registered trademark (or an identical or similar trademark likely to confuse the public to have an association with the registered trademark) of such third party to Your goods or its packaging; (ii) offering or putting for sale or stocking the goods under the said trademark; or (iii) using the said trademark in advertising Your product.
You acknowledge that if any genuine claim is received by Tamroh.com from any person through the Report Abuse section of Tamroh.com (terms of which are incorporated herein by reference), Tamroh.com may in its sole discretion block Your merchant/user account and/or remove the products listed by You on Tamroh.com, without any prior notice to You. Tamroh.com would however provide You a post facto intimation regarding the same. You agree that You shall have no claim whatsoever against Tamroh.com in this regard and the decision of Tamroh.com, as aforesaid shall be binding on You.
You further agree to ensure that the listing description of the item must not be misleading and must describe actual condition of the product. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfillment of sales. If the item description does not match the actual condition of the item, You agree to replace the product delivered to the Buyer with the correct product and/or refund any amounts that You may have received from the Buyer within 10 days of receipt of intimation from us in this regard. You agree not to list a single product in multiple quantities across various categories on the Website. Tamroh.com reserves the right to delete such multiple listings of the same product listed by You in various categories.
O. Payments
Tamroh.com uses third party payment providers to receive payments from the Buyers on Seller's behalf. Tamroh.com is not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues. Tamroh.com takes utmost care to work with 3rd party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers. Further, Tamroh.com does not release the payment to Sellers until the order has been received by the Buyers and they are satisfied with it(only if Tamroh.com is involved in the transaction). Tamroh.com shall only make payments to the Sellers subject to realization of payment received from the Buyer to Tamroh.com. The Seller payment is typically net of the service fee charged by Tamroh.com for its services and after deduction of applicable withholding taxes (if any). All payments made to buy any payable service provided by us on Tamroh.com are non-refundable. By making any such payment you understand and agree that the payment will not be refunded and that in case of any exception the decesion to refund the amount stands with us only. Although the payments made to avail any services on Tamroh.com are non-refundable, we may provide the exception for certain cases decided by us, where we can provide the option to user to request for refund through our portal e.g. when any service request is not approved by us, but the payment has already been made by the user. In such cases, registered users will get the option to request for refund and user will need to raise the request within the stipulated time decided by us. However, the payments for the services already availed/used will be strictly non-refundable. By buying any service/product through our website/application, you agree to these conditions.
P. NO WARRANATY
THE WEBSITE, SERVICES, CONTENT, USER CONTENT AND ANY THIRD PARTY CONTENT ARE PROVIDED BY TAMROH.COM ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, TAMROH.COM MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE ORSERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TAMROH.COM OR THROUGH THE WEBSITE / CONTENTOR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TAMROH.COM WILL HAVE NO LIABILITY RELATED TO USER CONTENT AND / OR THIRD PARTY CONTENTARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW TAMROH.COM WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. TAMROH.COM HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT TAMROH.COM NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. TAMROH.COM SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, TAMROH.COM SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND TAMROH.COM 'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. TAMROH.COM IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. TAMROH.COM ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
Q. Indemnity
You agree to indemnify and hold harmless Tamroh.com and (as applicable) Tamroh.com's parent, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any losses, liabilities, damages, costs and expenses, claims or demand, or actions including reasonable attorneys' fees asserted against or incurred by Tamroh.com, made by any third party arising out of Your breach or non-performance of terms of the User Agreement, Tamroh.com Rules and Policies, or the documents they incorporate by reference, or Your violation of any law, rules or regulations or the rights of a third party.
Tamroh Trading & Services Private Limited may notify You of any claims which You shall be liable to indemnify Tamroh.com against. You will then be required to consult with Tamroh.com regarding the course of action to be undertaken in defending such a claim. Further, you shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Tamroh.com without the express prior written consent of Tamroh.com which can be withheld or denied or conditioned by Tamroh.com in its sole discretion.
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 the user and Tamroh.com with respect to the sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Tamroh.com with respect to the Tamroh Trading & Services Private Limited sites/services. www.tamroh.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.
R. General
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Tamroh.com and you shall have no authority to bind Tamroh.com in any manner whatsoever.
Severability: If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
Entire Agreement: This Agreement sets forth the entire understanding and agreement between you and Tamroh.com with respect to the subject matter hereof.
Assignment: You cannot assign or otherwise transfer this User Agreement, or any rights granted hereunder to any third party. Tamroh.com may transfer its rights and obligations (also known as "assign") under this Agreement without Your prior express consent, provided that Tamroh.com assigns the Agreement on the same terms or terms that are no less advantageous to You.
Dispute Resolutions: Generally, transactions are conducted smoothly on Tamroh.com. However there may be some cases where both the Buyers and Sellers may face issues. At Tamroh.com, we have a Dispute Resolution process in order to resolve disputes between Buyers and Sellers.
A 'Dispute' can be defined as a disagreement between a Buyer and a Seller in connection with a transaction on the Website. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.
It is important that before a Buyer/Seller raises a dispute, they should attempt to resolve the issue amicably between each other. Please note that whenever a Buyer raises a dispute, the Seller's payment for that order is put on hold immediately until the issue is resolved(Only if Tamroh.com is involved in transaction between the two parties).
Grievance Officer In accordance with the Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer is published herewith.
S. GOVERNING LAW
The User Agreement or the documents they incorporate by reference shall be governed and construed in accordance with the laws of India. Subject to Clause 19 above, all disputes arising under this Agreement between You and Tamroh.com shall be subject to the exclusive jurisdiction of courts Jaipur, Rajasthan, India.
T. COMPANY OBLIGATIONS
The Company will use commercially reasonable efforts to enable the Services to be accessible, except for scheduled maintenance and required repairs, and except for any interruption due to causes beyond the reasonable control of, or not reasonably foreseeable by the Company, including, but not limited to, any Force Majeure Event (as defined below). The foregoing undertaking shall not apply to the extent of any non-conformance caused by use of the Services contrary to the Company’s instructions, or modification or alteration of the Services by any party other than the Company. If the Services are in non-conformance with the foregoing undertaking, the Company will, at its expense, use all reasonable commercial endeavors to correct any such non-conformance promptly, or provide USER with an alternative means of accomplishing the desired performance.
U. Review a Business
www.tamroh.com provides the option of reviewing any business, provide ratings on a variety of Service Providers based upon the actual first-hand experiences other users have had with these Service Providers and also provides the opportunity to provide your own reviews and ratings on different Service Providers or business.
V. Review policies
Summary: Make sure that the reviews on your business listing, or those that you leave at a business you’ve visited, are honest representations of the customer experience. Those that aren’t may be removed. Please follow the policies listed below when submitting your review.
We’ll remove content that violates any of the content policies below:
Advertising: Kindly refrain from using reviews for advertising, such as adding links to other websites or phone numbers. Reviews should be a genuine reflection of your experience with a place - don't post reviews just to manipulate a place's ratings.
Spam: Kindly don’t spam. Write a genuine report of your experience with the place. Don't include promotional / commercial content, don't post the same content multiple times and don't write reviews for the same place from multiple accounts.
Off-topic reviews: Don’t post reviews based on someone else’s experience, or that are not about the specific place you’re reviewing. Reviews aren’t meant to be a forum for general political or social commentary or personal rants.
Keep it clean: Don’t use obscene, profane, or offensive language. We’ll also remove reviews that represent personal attacks on others. As a participant in the Website, you agree to use careful, prudent, and good judgment when leaving Feedback for another user.
Conflict of interest: Reviews are most valuable when they are honest and unbiased. Don’t offer or accept money, products, or services to write reviews for a business or to write negative reviews about a competitor.
Illegal content: Don’t post reviews that contain or link to unlawful content.
Sexually Explicit Material: We don't allow reviews that contain sexually explicit material.
Impersonation: Don’t post reviews on behalf of others or misrepresent your identity or connection with the place you’re reviewing.
Personal and confidential information: Don’t post reviews that contain another person’s personal and confidential information, including credit card information, government identification number, driver’s license information, etc.
Hate Speech: We don't allow reviews that advocate against groups of people based on their race or ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity.
You alone are responsible for your review, and once published, it cannot always be withdrawn. You assume all risks associated with your review, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your review that makes you personally identifiable. You may not imply that your review is in any way sponsored or endorsed by us.
You may expose yourself to liability if, for example, if your review contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
www.tamroh.com has the right, but not the obligation to monitor and edit or remove any content posted by you as Review, Rating or Comments. Tamroh Trading & Services Private Limited cannot review all Communications made on and through any of the mediums of Tramroh Trading & Services Private Limited. However, Tamroh Trading & Services Private Limited reserves the right, but has no obligation, to monitor and edit, modify or delete any Communications (or portions thereof) which Tamroh Trading & Services Private Limited in its sole discretion deems inappropriate, offensive or contrary to any policy, or terms.
While every attempt has been made to ascertain the authenticity of the content in the Platforms, www.tamroh.com is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to any decisions based on content in the Platforms resulting in loss of data, revenue, profits, property, infection by viruses etc.
www.tamroh.com communicates information provided and created by advertisers, content partners, software developers, publishers, marketing agents, employees, users, resellers and other third parties. While every attempt has been made to ascertain the authenticity of the content on the Platforms www.tamroh.com has no control over content, the accuracy of such content, integrity or quality of such content and the information on our pages, and material on the Platforms may include technical inaccuracies or typographical errors, and we make no guarantees, nor can we be responsible for any such information, including its authenticity, currency, content, quality, copyright compliance or legality, or any other intellectual property rights compliance, or any resulting loss or damage. Further, we are not liable for any kind of damages, losses or action arising directly or indirectly due to any content, including any errors or omissions in any content, access and/or use of the content on the Platforms or any of them including but not limited to content based decisions resulting in loss of data, revenue, profits, property, infection by viruses etc.
W. Job Posting
www.tamroh.com may make available certain job listings including links to third-party websites (“Job Listings” or “Job Ads”). Job Listings are created and provided by third parties over whom www.tamroh.com exercises no control; you acknowledge and understand that we have no control over Job Listings. Most Job Listings contained on, or linked from, the Site are indexed or posted in an automated manner. www.tamroh.com does not have any obligation to screen any Job Listing, or to include any Job Listing in its search results or other listings, and may exclude or remove any Job Listing from the Site for any or no reason. We cannot confirm the accuracy or completeness of any Job Listing or other information submitted by any employer or other user, including the identity of such employer or other user. www.tamroh.com assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Job Listing. The Site is intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use this Site only for lawful purposes and for lawful intended and acceptable use of the Site.
Other Specific Rules. You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms and Conditions and all applicable laws.
X. Service providers
Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Professionals shall not: (a) list Services or offers relating to any Service in a category that is inappropriate to the Service they are offering; (b) misrepresent the location at which they will provide a Service; (c) include brand names or other inappropriate keywords in their Profile, Offer, Want, Feedback, or any other title or description relating to a Service; (d) use misleading titles that do not accurately describe the Service; or (e) include any information in their Profile that is fraudulent.
The Website enables Users to book the services of persons providing household help and other services including cleaning, electrical, plumbing, tutorials, carpentry and pest control services etc.
You may use the Services through Our website www.tamroh.com. Upon downloading the App, You are required to provide us with your details including your name, address, contact number and email address and then, choose the service you need, including a suitable time for such service (“User Information”).
After providing this information, you can view a list of available providers and an estimated cost of the services offered. You may confirm a booking, upon which the relevant service Provider will contact you, arrive at your residence, inspect the scope of services required and quote a final fee for the same (“Transaction Fee”). You may then proceed to accept and avail of the services the Provider offers (“Transaction”)
Y. Transactions
The Website is a platform which enables users to interact with providers and any transactions between you and any provider are strictly bi-partite. We are not and cannot be a party to, or control in any manner, any transaction between you and any provider. We shall not and are not required to mediate or resolve any disputes or disagreements between you and any provider. Accordingly, we will not be liable for any loss or damage incurred as the result of any such transaction. While interacting with any Provider found through the Website/App or through the Services, we strongly encourage you to exercise reasonable diligence as you would in traditional off line channels and practice judgment and common sense before committing to any Transaction or exchange of information. You understand that there is no guarantee of a satisfactory response or any response at all to your request for services of providers. Though www.tamroh.com shall endure to deliver prompt and efficient services to all the requests made on the website, we are not in any way bound to fulfill these requests and any lapse to honor these requests shall not hold us liable in any manner whatsoever. All screening procedures, verification services and background checks, whether undertaken by us or through third party consultants are performed on an “as is” and “as available” basis. By opting to avail of them you acknowledge that we will not be responsible for the quality or accuracy of the results of these procedures.
Providers may obtain personal information about you due to your use of the Website Services, and such providers may use this information to harass or injure you. We do not approve of such acts, but by using the Services, You acknowledge that we are not responsible for the use of any personal information that you disclose or share with others through the use of the Services.