Terms & Conditions
Terms & 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.
At TrendyBharat, we try our best to create a space where you can explore and shop for all your favorite things in a safe and secure environment. So, we've created our terms of service keeping you in mind...no matter where in the world you may be.
www.TrendyBharat (hereinafter referred to as "Website") is owned by H AND V PROJECTS PRIVATE LIMITED , a Company incorporated under the Companies Act, 1956 with its registered office at 84, 2ND Floor , Hemkunt Colony, NewDelhi-110048, India and having CIN U72400DL2011PTC220047.
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" shall 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 TrendyBharat, its franchisor, affiliates and partners.
ACCOUNT AND REGISTRATION OBLIGATIONS
You also agree to:
Provide true, accurate, current and complete information about yourself in TrendyBharat registration form (such information being the "Registration Data")
Maintain and promptly up date the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if TrendyBharat has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement,TrendyBharat has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
TRANSACTION AND COMMUNICATION BETWEEN BUYERS AND SELLERS
When you visit Trendybharat.com or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mail or phone calls from us with respect to your order. 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. Further:-
1. All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. TrendyBharat does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
2. TrendyBharat does not make any representation or Warranty as to specifics (such as quality,value, saleability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website, such warranties and representations being solely attributable to the Sellers. Thus, TrendyBharat does not support or endorse such representations or warranties on the Website. TrendyBharat accepts no liability for any errors or omissions in such regard by the Sellers.
3. TrendyBharat is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. TrendyBharat cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. TrendyBharat shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
4. TrendyBharat does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bonafides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.
5. TrendyBharat does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
6. At no time shall TrendyBharat hold any right, title or interest over the products nor shall TrendyBharat have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. TrendyBharat is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
7. The Website is only a platform that can be utilized by users to reach a larger base to buy and sell products or services. TrendyBharat 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 strictly bipartite contract between the Seller and the Buyer. At no time shall TrendyBharat hold any right, title or interest over the products nor shall TrendyBharat have any obligations or liabilities in respect of such contract.
8. You shall independently agree upon the manner and terms and conditions of delivery, payment,insurance etc. with the seller(s) that You transact with.
While TrendyBharat strives to prevail upon Sellers to provide accurate product and pricing information, pricing or typographical errors may occur. TrendyBharat cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, TrendyBharat shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is sim-priced, TrendyBharat may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and TrendyBharat will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that TrendyBharat accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to TrendyBharat dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account.
We strive to provide you with the best prices. Prices and availability are subject to change without notice.
It will be solely Seller responsibility to ensure that before listing an item for sale on the Website, such item can be shipped outside India under applicable laws. If you list any item that is in violation of the applicable laws, you will be liable to make good any loss suffered or cost borne by the Website, the Company or other Users who rely on such listing including reimbursement of any service charges incurred towards the PayPal Facility or any other mode of payment or payments made towards taxes or government charges or any levy in respect of such item. You shall also be responsible for complying with all laws that may be applicable in the country where such item is proposed to be Delivered. You are prohibited from selling any item to buyers in countries with which trading is prohibited or under embargo (in general or with respect to certain kind of goods) as imposed by the Government of India.
Membership on the Website is free for buyers. TrendyBharat does not charge any fee for browsing and buying on the Website. TrendyBharat reserves the right to change its Fee Policy from time to time. In particular, TrendyBharat may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event TrendyBharat reserves the right to introduce fees forth new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. 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 TrendyBharat.
INTELLECTUAL PROPERTY RIGHTS
TrendyBharat and its suppliers and censors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of TrendyBharat or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to TrendyBharat or third party suppliers. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of TrendyBharat. You cannot modify, distribute or re-post anything on this website for any purpose.
The trademarks, logos and service marks displayed on the Website ("Marks")are the property of TrendyBharator their vendors or respective third parties.You are not permitted to use the Marks without the prior consent of TrendyBharat,the vendor or the third party that may own the Marks.The TrendyBharat names and logos and all related product and service and TrendyBharat slogans are the trademarks or service marks of TrendyBharat. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the"Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interesting any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above),publish, transmit, distribute, display, modify, create derivative works from,sell or participate in any sale of or exploit in any way, in whole or in part,any of the Contents, the Site or any related software. All software used on this Site is the property of TrendyBharat or its suppliers and protected by Indian and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display,or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by TrendyBharat,one of its affiliates or by third parties who have licensed their materials to TrendyBharat and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of TrendyBharat and is also protected by Indian and international copyright laws.
THIRD PARTY CONTENT
The Website makes available general third party information such as, product catalogues, lists of authorized dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products and other data from external sources ("Third Party Content"). Similar Third Party Content would also be available to You on the email received by You from TrendyBharat. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. TrendyBharat does not provide any guarantee with respect to any the Third Party Content and TrendyBharat shall not be held liable for any loss suffered by You based on Your reliance on or use of such data.
CREDIT CARD DETAILS
You agree, understand and confirm that the credit card details provided by you for availing of services on TrendyBharat 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 when making payment on TrendyBharat .Your credit card information never reaches TrendyBharat, we just get pass, hold or fail message from our payment gateways. The said information will not be utilized and shared by our payment gateways or TrendyBharat with any of the third parties unless required for fraud verifications or by law, regulation or court order. TrendyBharat 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.
FRAUD DETECTION AND PREVENTION
Trendybharat realizes the importance of a strong fraud detection and resolution capability. We and our online payments partners monitor transactions continuously for suspicious activity and flag potentially fraudulent transactions for manual verification by our team.
In the rarest of rare cases, when our team is unable to rule out the possibility of fraud categorically, the transaction is kept on hold, and the customer is requested to provide identity documents. The ID documents help us ensure that the purchases were indeed made by a genuine card holder. We apologise for any inconvenience that may be caused to customers and request them to bear with us in the larger interest of ensuring a safe and secure environment for online transactions.
Buyer's Product related complainant for refund or replacement will the processed in accordance with the Return Policy available at https://trendybharat.com/Return-policy. Both Buyer and Seller agree to this Policy. However, in the event of false, frivolous or baseless complaints regarding the delivery or quality of the Products, the Buyer will not be eligible for refund or replacement.
Before accepting delivery of any Product, the Buyer shall reasonably ensure that the Product's packaging is not damaged or tampered.
The return process of a Product may be subject to additional terms depending on the nature and
Category of the Product. Any such additional terms may be specified on the Website or be intimated by the Seller at the time of purchase of the Product.
TrendyBharat reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently TrendyBharat reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and another unlawful acts or acts or omissions in breach of these terms and conditions.
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 TrendyBharat for redelivery shall be claimed from you.
2. That you will use the services provided by TrendyBharat, its affiliates 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. TrendyBharat 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), TrendyBharat has the right in its sole discretion to reject the registration and debar you from using the Services of TrendyBharat 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 shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time. You shall also at all times ensure full compliance with the applicable provisions of 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 products 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.
You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item that: threatens the unity, integrity, defence, 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.
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 also is 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 of such unauthorized uses and take all preventive measures as mandated by law to prevent 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.
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 offense, 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.
8. Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our sites, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our sites, services, applications, or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months, or to modify or discontinue TrendyBharat sites, services.
MODIFICATION OF TERMS & CONDITIONS OF SERVICE
TrendyBharat may at any time modify the Terms & Conditions of Use of the site without any prior notification to you. You can access the latest version of the User Agreement at any given time on TrendyBharat. You should regularly review the Terms & Conditions on TrendyBharat. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this site.
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, TrendyBharat and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
You agree to defend, indemnify and hold harmless TrendyBharat, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inaction, which may result in any loss or liability to TrendyBharat or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
This User Agreement is effective unless and until terminated by either you or TrendyBharat. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. TrendyBharat may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to TrendyBharat. Upon any termination of the User Agreement by either you or TrendyBharat, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. TrendyBharat's right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the User Agreement.
LIMITATION OF LIABILITY AND DISCLAIMERS
The Website is only a platform where users may meet and interact with one another for their transactions. The Website or the Company is not and cannot be a party to or control in any manner any transaction between two users of the Website. 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 TrendyBharat 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. TrendyBharat 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 constitutes an essential part of this User Agreement. To the fullest extent permitted under applicable law, TrendyBharat or its suppliers shall not be liable for any indirect, incidental, special, 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 TrendyBharat 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. TrendyBharat, 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, TrendyBharat 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.
The Company and its suppliers, affiliates and service providers make available the Website and services including the TrendyBharat Logistics, PayPal facility for electronic payment on an "as is" basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. The Company specifically disclaims any such warranty. You expressly agree that the use of the Website and the PayPal electronic payment facility is at your own risk.
You release and indemnify the Company and/or any of its officers 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. The Company cannot control the information provided by other Users, which is made available on the Website notwithstanding the Company's reasonable efforts in that behalf. 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 false pretense.
Payment failure: If online payment get failed or unauthorized due to any kind of technical issue at website or payment gateway it will automatically returned back to same source of payment within 7-10 business days.
Mode of Payment: We at Trendybharat.com accept online payment. We don’t accept cash on delivery for export shipments outside India. You can make the payment via PayPal and by using your credit/debit cards. We accept payment through all major cards like VISA, American Express, Maestro, Discover, etc.
Payment Security: Sharing your credit card details over the internet with Trendybharat.com is completely safe as we use special credit card security technology called SSL (Secure Sockets Layer) and 3D user authentication scheme to process online payments. This technology encrypts your credit card number and makes it unreadable while the information travels over internet.
Note: For International Orders payment will be accepted by PayPal in US dollar. We do not charge any international transaction fee, but the same is charged by your bank whose credit/debit card you are using to make purchase. Kindly get in touch with your respective bank for further information.
The PayPal Facility enables automated collection and remittance services using the facilities of various Indian banks, financial institutions, credit/ debit/ cash card brands, various third party service providers and/or payment card industry issuers and through such other infrastructure and facilities as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be. The PayPal Facility shall be availed in accordance with the terms of this User Agreement and the rules and policies prescribed hereunder.
For the purposes of buying and/or selling any item listed on the Website, you agree and undertake not to make payments in any manner other than as provided, without the prior consent of the Company.
You acknowledge and accept that you have specifically authorized the Company to collect, process, facilitate and remit payments and/ or the Transaction Price by any of the prescribed methods of payment.
The Company shall make reasonable efforts to ensure that requests for electronic debits and credits involving Issuing Bank are informed to the Nodal Bank (defined below) in a timely manner. However, a number of factors that are outside of the Company's control (including without limitation actions of Issuing Bank, Nodal Bank and the bank or credit / debit/ cash card and/or banks or financial institution infrastructure or indirectly through payment gateway facility providers or through any such facility authorized by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment where the Transaction Price is remitted and/or refunded) may delay the time within which the Transaction Price are collected/ remitted by the Company through the PayPal Facility. The Company neither makes any representations nor makes any warranties regarding the amount of time needed to complete processing, including delays in the banking system and nor shall the Company be liable for any actual or consequential damages arising from any claim of delay.
The Company reserves the right to, at its sole discretion, replace or remove any nodal bank (Nodal Bank) without providing any intimation.
Discount and cashback offers are at the discretion of the Wallets & Payment Partners.
SHIPPING AND PACKAGING
SHIPPING IN COUNTRY: Currently we are delivering in India, US, UK, Singapore and Canada. For some products we are unable to ship outside India or we may request additional delivery fees. If you have selected an item that cannot be shipped internationally we will inform you in the checkout process on our site. If you are visiting the India we can ship any product to your hotel or any store for pickup.
Delivery time: We at Trendybharat working to delivery product on priority. We are delivering product within 2-3 weeks. However for Specially made or handcrafted products are usually shipped within 3-4 weeks and can take more longer time depending upon product required, its availability, shipping address and overseas government rules. International Orders can take up to 5 weeks especially at busy periods e.g Christmas. However sometimes goods or services can be temporarily or permanently unavailable. We are not liable for any loss arising from delays in delivery or failure to deliver.
Ordering Multiple products: If you ordered multiple items, some items may be shipped separately so that we can ensure prompt delivery.
After placing an order, you will receive an e-mail acknowledgment. This will be followed by another e-mail once we have verified your payment details and approved your order for shipping. In the event of a problem in processing your order, you will receive an e-mail detailing the issue and possibly requesting further information.
You will receive regular e-mail updates on the delivery status of your order. You can also check the status in the My Account section of Exclusively.com or on www.ups.com by inserting the tracking number supplied.
Standard shipping charges will be applicable for overseas delivery. Shipping charges will depend on your order value and the country you are getting your order delivered to.
DUTIES & TAXES
Note: Please note that there might be additional import duties, taxes, clearance charges etc. depending upon the laws of recipient’s country which must be paid by the recipient of the parcel.
CONFIRMATION BEFORE SHIPPING
You will receive a final confirmation mail on your registered e-mail ID about order placed before it dispatched. Confirmation mail will contain all necessary details of the order placed.-
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," "mailbombing" 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. TrendyBharat 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 TrendyBharat on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
SEVERABILITY & 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 TrendyBharat with respect to the TrendyBharat sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and TrendyBharat with respect to the TrendyBharat sites/services. TrendyBharat'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.
GOVERNING LAW AND JURISDICTION
This User Agreement shall be construed in accord with the applicable laws of India and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. 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 TrendyBharat 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.
REVIEWS, FEEDBACK, SUBMISSIONS
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to TrendyBharat 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 TrendyBharat's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to TrendyBharat of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, TrendyBharat 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. TrendyBharat 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. TrendyBharat 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".
TrendyBharat 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 TrendyBharat 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 TrendyBharat and its affiliates for all claims resulting from any Comments you submit. TrendyBharat and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Take Down Product/Content
Trendybharat being an intermediary, is not obliged to monitor any Product or content displayed on its website, however Trendybharat may at its discretion for safeguarding its users' interest may chose to take down that product or content, if it thinks it is violating its Policies or intellectual rights of any person.
You can notify Trendybharat the existence of such objectionable Product/content, via email to email@example.com with your name, phone number and postal address. Upon receipt of such notice, Trendybharat will do the internal inquiry and forward the same to the third party related to the Product/Content or its Group Companies or its advisers. If it is found to the satisfaction of Trendybharat that Product/Content should be removed, it may take down such content/product as it deems fit and necessary.
You hereby agree that the Objections raised by you are true and also agrees to indemnify Trendybharat against all losses or claims which may arise consequent to your Notice.
For all kind of query/information/request we at Trendybharat working to give customer’s complete satisfaction and resolution on priority basis. You just need to drop us a mail on firstname.lastname@example.org. Our dedicated team working 24*7 and will get in touch with you at earliest.
In accordance with the Information Technology Act, 2000, and the rules there under, the name and contact details of the Grievance Officer are provided below:
MS. DISHA BATHIJA, Grievance Manager, email@example.com