WEBSITE TERMS OF USE
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.
This document is published in accordance with the
provisions of Rule 3 (1) of the Information Technology (Intermediaries
guidelines) Rules, 2011 that require publishing the rules and regulations,
Privacy Policy and Terms of Use for access or usage of our website: www.tihamo.com.
The domain name www.tihamo.com or (hereinafter referred to as "Website") is owned by M/s TiHaMo Business Solution Private
Limited, which is a registered company, having its head office at _________________________________________________,
Pune, Maharashtra – xxxxxx, India
(hereinafter referred to as “TiHaMo”).
In
General
TiHaMo owns and operates the website with its full
ownership & control. This document governs your relationship with TiHaMo as a Customer / Independent
Distributor.
Access to and use of this website and the products and services available
through this website (collectively, the “Services”) are subject to the
following terms, conditions, and notices (“Website Terms of Use”). By using the
Services, you are agreeing to all of the website terms of use, as may be
updated by us from time to time. You should check this page regularly to take
notice of any changes we may have made to the website terms of use.
Access to this website is
permitted on a temporary basis, and we reserve the right to withdraw or amend
the Services without notice. We will not be liable if for any reason this website
is unavailable at any time or for any period. From time to time, we may
restrict access to some parts or this entire website.
Website disclaimer
The contents of this website are only for information purpose. Users
are advised to rely on information posted herein for any purpose only after
verification and confirmation of the same from authentic and authoritative
sources. Neither TiHaMo nor the
website developer is responsible for any consequences that may arise out of
using such information without verification / confirmation. There may be time
gap in internet / online posting / transmission of information and availability
of such information at browsers’ end. Exact status may be confirmed from source
www.tihamo.com. We are running this website, to promote our business
within our direct selling network. We are at _________________________________________________, Pune, Maharashtra – xxxxxx,
India. The Payment Gateway, which we mentioned in
this website, is our official account, the money collected from this website on
behalf of TiHaMo i.e. M/s
TiHaMo Business Solution Private Limited on the sale of products exclusively
marketed by M/s TiHaMo Business Solution Private
Limited.
Prohibitions
The services available on this
website are for customers, who are interested and have requested to become a Customer
/ Independent Distributor of the TiHaMo. Once you register as a user, you will permit us to fill TiHaMo
registration form and to mention your name where ever your signature is
required.
You must not misuse this website:
www.tihamo.com. You will not: commit or
encourage a criminal offense; transmit or distribute a virus, trojan, worm,
logic bomb or any other material which is malicious, technologically harmful,
in breach of confidence or in any way offensive or obscene; hack into any aspect
of the service; corrupt data; cause annoyance to other users; infringe upon the
rights of any other person’s proprietary rights; send any unsolicited
advertising or promotional material, commonly referred to as “spam”; or attempt
to affect the performance or functionality of any computer facilities of or
accessed through this website. Breaching this provision would constitute a
criminal offense and TiHaMo will report any such breach to the relevant
law enforcement authorities and disclose your identity to them. We will not be
liable for any loss or damage caused by a distributed denial-of-service attack,
viruses or other technologically harmful material that may infect your computer
equipment, computer programs, data, or other proprietary material due to your
use of this website or to your downloading of any material posted on it, or on
any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights
in all software and content (including photographic images) made available to
you on or through this website remains the property of TiHaMo or its
licensors and are protected by copyright laws and treaties around the world. All
such rights are reserved by TiHaMo and its licensors. You may store, print, and
display the content supplied solely for your own personal use. You are not
permitted to publish, manipulate, distribute, or otherwise reproduce, in any
format, any of the content or copies of the content supplied to you or which
appears on this website nor may you use any such content in connection with any
business or commercial enterprise.
Terms of Sale
By placing an order, you are
offering to purchase a product on and subject to the following terms and
conditions. All orders are subject to availability and confirmation of the
order price. Dispatch times may vary according to availability and subject to
any delays resulting from postal delays or force majeure for which we will not
be responsible.
In order to contract with TiHaMo you
must be over 18 years or 21 years (if in state of Maharashtra) of age. TiHaMo retains
the right to refuse any request made by you. If your order is accepted, we will
inform you by email. When placing an order, you undertake that all details you
provide to us are true and accurate, that you are an authorized user of the
credit or debit card used to place your order and that there are sufficient
funds to cover the cost of the goods. All prices advertised are subject to such
changes.
a) Our
Contract
When you place an order, you will receive an acknowledgement e-mail
confirming receipt of your order: this email will only be an acknowledgement
and will not constitute acceptance of your order. A contract between us will
not be formed until we send you confirmation by e-mail that the goods which you
ordered have been dispatched to you. Only those goods listed in the
confirmation e-mail sent at the time of dispatch will be included in the
contract formed.
b) Pricing
and Availability
Whilst we try and ensure that all details, descriptions, and prices
which appear on this website are accurate, errors may occur. If we discover an
error in the price of any goods which you have ordered we will inform you of
this as soon as possible and give you the option of reconfirming your order at
the correct price or cancelling it. If we are unable to contact you, we will
treat the order as cancelled. If you cancel and you have already paid for the
goods, you will receive a full refund. Delivery costs will be charged in
addition; such additional charges are clearly displayed where applicable and
included in the ‘Total Cost.’
c) Payment
There are various methods of payment used by TiHaMo. These methods of
payment can be online either through wallets / debit / credit card or account
transfer. Upon receiving your order, we carry out a standard authorization
check on your payment card to ensure there are sufficient funds to fulfill the
transaction. Your card will be debited upon authorization being received. The
amount received upon the debiting of your card shall be treated as a deposit
against the value of the goods you wish to purchase. Once the goods have been
dispatched and you have been sent a confirmation email the amount paid as a
deposit shall be used as consideration for the value of goods you have
purchased as listed in the confirmation email.
d) Customer
/ Independent Distributor
Upon receiving your request to become Customer / Independent Distributor with the Company, that he / she has read, understood, and accepted all the terms and
conditions on the Application + Contract Form and TiHaMo through its separate Compensation
Plan to provide incentives to its exclusive Independent Distributors and agrees to comply by all the terms laid
down. To become an Independent
Distributor of TiHaMo
is free. This document is uploaded on the website: www.tihamo.com. Independent Distributor of the company also agrees to read and comply by further amendments, which will be
made from time to time from TiHaMo.
Disclaimer
of Liability
The content presented on the
website www.tihamo.com is provided without any
guarantees, conditions, or warranties regarding its accuracy. Unless explicitly
stated otherwise and to the fullest extent allowed by law, TiHaMo, along with
its suppliers, content providers, and advertisers, disclaims all implied
conditions, warranties, and other terms that may be implied by statute, common
law, or equity. Furthermore, TiHaMo shall not be held liable for any form of
damages, including but not limited to direct, indirect, special, consequential,
punitive, or incidental damages, as well as damages for loss of use, profits,
data, or other intangible assets, harm to goodwill or reputation, or expenses
incurred in acquiring substitute goods and services. These damages may arise
from or be connected to the use, inability to use, performance, or failures of
this website and any materials posted on it, regardless of whether such damages
were foreseeable or arise in contract, tort, equity, restitution, by statute,
at common law, or by any other means.
This disclaimer does not affect TiHaMo's
liability for death or personal injury resulting from negligence, fraudulent
misrepresentation, or misrepresentation of a fundamental matter, or any other
liability that cannot be excluded or limited under applicable law.
Our website may include links to
other websites that may be of interest to you. However, once you use these
links to exit our website, please be aware that we do not have any control over
these other websites. Consequently, we cannot take responsibility for the
protection and privacy of any information you provide while visiting such
websites. These external websites are not governed by this privacy statement.
We recommend exercising caution and reviewing the privacy statement applicable
to the specific website you are visiting.
Indemnity
Customers and Independent Distributors agree to indemnify, defend, and
hold harmless TiHaMo, along with its directors, officers, employees,
consultants, agents, and affiliates, from any and all third-party claims,
liability, damages, and associated costs (including, but not limited to, legal
fees). These claims and costs may arise due to your use of this website or your
violation of the website terms of use.
Modification
of Website Terms of Use
TiHaMo reserves the right, at its absolute discretion and without prior
notice, to modify, remove, or change the Services and / or any page of this website,
as well as its policies.
Invalidity
If any portion of these website terms
of use is deemed unenforceable, including any provision where we limit our
liability to you, the enforceability of the remaining parts of the website terms
of use will not be affected, and all other clauses will remain in full force
and effect. If possible, any clause, sub-clause, or part of a clause / sub-clause
that can be separated to make the remaining portion valid will be interpreted
accordingly. Alternatively, you agree that the clause will be adjusted and
interpreted in a manner that closely aligns with the original meaning of the
clause / sub-clause to the extent permitted by law.
Complaints
We operate a complaint handling
procedure which we will use to try to resolve disputes when they first arise, please
let us know if you have any complaints or comments.
Waiver
If you breach these conditions
and we take no action, we will still be entitled to use our rights and remedies
in any other situation where you breach these conditions.
Communication with Customers / Independent Distributors
TiHaMo
is committed to keeping our customers / Independent Distributors informed about our Product / Service
Promotions through SMS and emails. Additionally, we send regular Transactional
SMS and emails to our Customers / Independent Distributors from the email address: info@tihamo.com.
If you have any inquiries or questions regarding the website's terms of use,
please do not hesitate to contact us by emailing us at the following email
address: info@tihamo.com.
Termination
TiHaMo reserves the right to take
appropriate action in the event that any member of the website is found to have
engaged in counterfeiting or violated the website terms of use. This includes
the company's authority to terminate the user account and pursue penalties
through legal proceedings as deemed necessary.
Governing Law
The
website terms of use are crafted in a clear and understandable manner and are
governed by the laws of India. Accordingly, any disputes or conflicts, whether
directly or indirectly related to these website terms of use and associated
with this website, must be exclusively brought before the appropriate courts in
Pune (Maharashtra, India). These courts are vested with the relevant
jurisdiction. If your disputes are found to be in violation of these terms, you
will be held responsible for any penalties imposed by the jurisdiction.