Terms and Conditions

TERMINOLOGY IN THIS DOCUMENT:

  • Tara Blooms Private Limited (hereinafter referred to as “The Company”).
  • The terms, We/Us/Our refers to "The Company".
  • User, Customer, Person/Individual, Enterprise, Corporate, Business entity, Group or Organisation (hereinafter referred to as “You”).
  • Terms and Conditions of use (hereinafter referred to as "Agreement").

 

Services provided includes but not limited to Website, Android and iOS Mobile applications, Customer Care Number, Shopping cart facility, SSL (Secure Socket Layer), Payment gateways, Business Email, SEO (Search Engine Optimization), Social Promotions and Social Media Management.

The following is an “Agreement” between you and the Company. The following terms and conditions govern the use of the website of the Company and apply to all website / mobile app development and design services provided to you. 

ACCEPTANCE

It is not necessary for you to have signed an acceptance of these terms and conditions for them to apply. If you accept our services then you will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. You will not use the website for any purpose that is unlawful or prohibited by these terms and conditions.

The Company reserves the sole right to change these Terms & Conditions at any time. You need to check periodically for any changes made in our Terms and Conditions. Using this website after any alterations made to the Terms & Conditions means you agree to accept the changes, the company shall not be responsible for you not have reviewed them. Do not use this website if you choose not to accept and abide by these Terms & Conditions at any time.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

ELIGIBILITY

  1. You must not be a minor i.e. you must be at least 18 years of age to be eligible to use the Company’s services. 
  2. The Company advises you that while accessing the services, you must follow/abide by the related laws.IndiamartThe Company is not responsible for the possible consequences caused by your behavior during or after the use of the services.
  3. You may use the services solely for your own personal or internal purposes. In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such particular service shall prevail. The services however, cannot be named as a party either expressed or implied in the contract whatsoever.  
  4. You hereby agree to be contacted by the Company, its affiliates, its partners, its sponsors, its customers or enterprises/corporate through phone calls, SMS notifications or any other means of communication for educational purposes, product advisories, marketing and/or advertisements.
  5. You hereby strictly agree to solely promote and advertise lawful products and/or services in the website or mobile application provided by the company. 
  6. You agree not to use the website for  illegal activities, or on pages which contain illegal material. You also agree not to upload any content that is illegal or contains illegal material.

ACCESS TO INFORMATION:

To access the services of the company, you may be asked to provide certain registration details/information and any other government issued documents. By accepting these terms & conditions, you hereby acknowledge that all the information provided by you will be correct, current, and complete. If the company believes that the information provided by you or any of your agents is not correct, current, or complete, the company has the right to refuse your access to any services or any of its resources, and to terminate or suspend account at any time. Calls may be recorded for training and quality purposes. You solely accept and approve the company and its staff members to access your account and information on behalf of you for development, fulfillment, correction, guiding purposes and any other.

DESCRIPTION OF SERVICE:

The Company provides you with the following services namely Website Domain, Website Design & Development and affiliated products/services, Android/iOS Mobile Application Development and/ or Maintenance and Support Services in the Nam inclusive packages. Other services including but not limited to Customer Care Number, Shopping cart, SSL, Payment gateway, Business Email, SEO, Social Promotions, Social Media Management and any new features that augments or enhances the Services will incur charges based on your requirements. The Company reserves the right to modify, suspend or discontinue the Services (or any part thereof), based on non-cooperation, non payment, or unwanted delay from client, at any time, without notice. You expressly agree that you, or any related third party, shall not hold the company or its suppliers liable for any losses, damages or consequences whatsoever from such modification, suspension or discontinuation of the Services. 

Your registration on this domain or any of our clients domains also enables you the single sign on (SSO) option in all our platforms/marketplace i.e the registration/login details would be stored in all our platforms so that it would be easy for you to access our various services quickly.

DOMAIN NAMES

The company will provide you the domain name based on your payment. Requirement of any other domain names that are not subjected to your payments, shall incur additional charges. Payment and renewal of those domain names shall be the responsibility of the company only if the quoted payment is done by you within the mentioned time frame. The company will not be responsible for any loss, cancellation or any other problems related to the domain brought about due to non or late payment.

Domain Names assigned by the company is the exclusive property of the same and it cannot be assumed to be permanent in any case. The company reserves the right, without prior notice, at any point of time, to suspend or terminate or restrict access to or edit the domain names. IN SUCH CASE, The Company  WILL NOT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION OR OTHERWISE.

 

WEBSITE DESIGN

Though every effort will be made to ensure that the website and any work done by the company is free of errors but the company cannot accept responsibility for any losses incurred due to malfunctioning of the website or any part of it. The web server, website, graphics and any programming code remain the property of the company. Any work done (unless specifically agreed) by the company remain the copyright of Tara Blooms Private Limited and shall only be commercially reproduced or resold with the permission of the company. 

The company cannot take responsibility for any copyright infringements caused by the contents, images, graphics and other materials other than programming codes in the website provided for you. The company will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on your behalf or any of the agents appointed by you. The company will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided.

WEBSITE HOSTING

The company offers hosting of websites, no guarantees can be made as to the availability or interruption of the service and cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service. The company reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial. Fees relating to web hosting or domain names must be paid prior to the expiration date of the said service. If the fees remain unpaid at the time of expiration, the company can cancel the said service and not be liable for any data lost as a result of the cancellation.

DATABASE, APPLICATION AND E-COMMERCE DEVELOPMENT

The company cannot be responsible for any losses incurred by the use of any software created for you. Every care shall be taken to ensure products are problem free and accurate, but the ultimate responsibility lies within you to ensure that all software is functioning correctly before use. You are expected to test fully any application or programming relating to a site developed by the company before being made generally available for use. The bugs, errors or other issues found after the site is live, the company will endeavor (but is not obliged to) to correct these issues to meet the standards of function. All Solutions provided by the Company is based on subscription model, so you could use our products/services as long as you pay the monthly/yearly subscriptions. No source code or no programs code will be shared or transferred to you when you terminate your services with us. All the programs, website, mobile apps, source codes etc are property of the company and as part of your subscription you only get solutions to use these services.

PAYMENT

The development and certain other works done by the company are customized templates and you should ensure that it is fully understood. You must provide the company with clear guidelines along with the flow or specific details required. When such details are not provided, the company will proceed with its understanding of the requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of your requirements and ensure that you have been quoted right on the same.

While availing any of the payment method/s available on the Platform, the company will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to

Lack of authorization for any transaction/s, or Exceeding the preset limit mutually agreed by You and between "Bank/s", orAny payment issues arising out of the transaction, orDecline of transaction for any other reason/s

All payments made against the purchases/services by you shall be of any currency accepted by both the company and the payment gateway. 

You understand that upon initiating the transaction you are entering into a legally binding and enforceable contract with the chosen payment gateway to purchase the products and /or services from the company. Eventhough the company uses safe and secure payment gateways, it is also your responsibility to ensure that you have learnt and understood the terms and conditions of the respective payment gateway. Also make sure the details provided by you during the transaction are secured.

You understand, accept and agree that the payment facility provided by the company is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payments, collection and remittance facility for the Transactions on the Platform using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, the company is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

At present the company provides Money back services and this is applicable only for the first 15 days starting from the day the customer has received his full requirement. Any claims beyond 15 days shall not be strictly given and this applies only for the company’s direct customers and not for the resellers.

INTELLECTUAL PROPERTY RIGHTS

The company is the sole owner or lawful licensee of all the rights to the services provided and its content. The content of the services provided means its design, layout, text, images, graphics, sound, video etc. The content of the services provided by the company embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights and its content shall remain with the company. The company does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "content") contained on, distributed through, or linked, downloaded or accessed from any of the services provided, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the services provided. In no event shall the company be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the services provided, the materials and the products. You hereby acknowledge that any reliance upon any content shall be at your own discretion and risk. All content in the services provided is the copyright of the company. The company believes that you agree and will not copy, download & reproduce any information, text, images, files, databases or listings available on or through the services provided for the purpose of reselling or redistributing, mass mailing, or otherwise commercially exploiting the contents of the services provided. If so it is prohibited and may invite legal action. As a condition of your access to and use of the services provided by the company, you agree that you will not infringe the intellectual property rights of others in any way. The company is the sole owner of all the services provided to you as a part of your subscription plan.  The Company has the right to charge you for additional service requests, subscribed or requested, from the further desired customizations, by upgrade or plan changes or by any other special requirements, for which you become liable to the “playstore and appstore” terms and conditions.

TERMINATION

The company reserves the right to terminate access to certain areas or features of the services provided at any time for any reason, with or without notice. The company also reserves the universal right to deny to any/all of its services/content without any prior notice/explanation in order to protect the interests of the company and its services provided. The company reserves the right to limit, deny or create different access to the services provided and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice. The company reserves the right to terminate the accounts of those resellers of other company products with or without any cause at any time with or without prior notice in order to protect certain ideas/interests of the Company and its services. The company reserves the right to terminate your account upon any infringement of the rights of others in conjunction with the use of the services provided by the company, or if the company believes that your conduct is harmful to the interests of the company, its affiliates, or other users.

The company withholds the right to temporary or permanent termination of your subscription at its discretion for any of the following reasons: 

(a) If you have provided any false information to the company or are engaged in fraudulent or illegal activities. 

(b) If you breach any of the provisions of the terms and conditions of use agreement and/or Agreement of the company. 

(c) If you utilize the services provided to send spam messages.

(d) If you post any material that is not related to trade or business.

(e) If you Impersonate or unlawfully use another companies name to post information or conduct business of any form.

(f) If you do any unauthorized access, use, modification, or control the database, network or related services of the company. 

If the company terminates your subscription, you will not have the right to re-enroll in the services of the company under a new account or name unless formally invited to do so by the company. You acknowledge that inability to use the services provided wholly or partially for whatever reason may have adverse effects on its business.

DATA PROTECTION

To become a Registered User(s) there is a proper and convenient procedure so that you can easily sign-in and sign-out.

The company will establish an account ("Account") for you upon registration and assign a user alias ("User ID") and password ("Password") for log-in access to your Account. By becoming a Registered User, you consent to the inclusion of your personal data in our database, website/mobile app, other services provided by the company and authorize the same to share such information with other user(s), Third parties, Affiliates Corporates, Advertisers for advertising and marketing.

You can post your Account, Product and other information on the services provided by the company using the self-help submit and edit tools provided at the respective section.

You solely represent, warrant and agree to: 

(a) provide the company with true, accurate, current and complete information to be displayed on the services provided. 

(b) maintain and promptly amend all information to keep it true, accurate, current and complete. 

The company is not responsible for your or other users conduct activities on the services provided, and shall not be liable to any person in connection with any damage suffered by any person as a result of any such user's conduct. 

You hereby represent, warrant and agree that you shall be solely responsible for ensuring that any material or information you post on the services provided or authorized to display, does not, and that the products represented thereby do not violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights. 

You hereby represent, warrant and agree that information submitted to the Company for display on the services provided will not: 

Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;Be part of a scheme to defraud another user(s) of the services or for any other unlawful purpose;Relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary rights or rights of publicity or privacy, or any other Third Party Rights;Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);Be defamatory, libelous, unlawfully threatening or unlawfully harassing;Be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;Solicit business from any user(s) in connection with a commercial activity that competes with “The Company.”Contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;Link directly or indirectly to or include descriptions of goods or services that are prohibited under the prevailing law;

The Company reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the services provided which it reasonably believes is unlawful, violates the terms and conditions and/or Agreement or is otherwise found inappropriate in the company’s opinion. Services provided reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.

In connection with any of the foregoing, services provided may suspend or terminate the account of any user as services provided deems appropriate in its sole discretion. User(s) agree that the services provided shall have no liability to any user(s), including no liability for consequential or any other damages, in the event services provided takes any of the actions mentioned and that you agree to bear the risk related to the actions initiated by the services provided. 

Services acts as a content integrator and is not responsible for the information provided by you to be displayed on the same.

PRIVACY POLICY

Personal Data

Personal data means any data that, either on its own or jointly with other data, can be used to identify natural person or legal person. You directly provide us with such data when you use the services, or interact with us or contacting us for support. As permitted by law, we may also obtain data from public and commercial third-party sources. The personal data we collect may include but not limited to name, gender, enterprise name, postal and email addresses, phone number, login information (account and password), photos, and certificate information, etc. depending on the services that you use. We also collect the information you provide to us and the content of messages you send us, such as the query information you provide, or the questions or information you provide for customer service support.

We may use your personal data for the following purposes:

Creating your account.Fulfilling your transaction or service requests, including fulfilling orders; delivering, activating, or verifying products or services; providing training and certification; managing and processing training and certification exams; participating in onsite or virtual activities; fulfilling your requests for changes or providing you with the requested information (such as marketing materials for products and services); and providing technical support.Contacting you, sending you information about products and services that may interest you, market surveys, or satisfaction surveys; or sending you marketing information. Sending you important notices, such as installation of and updates to operating system or application.Providing you with customized user experience and content.Improving our services through internal audits, data analysis, and research.Analyzing the efficiency of our services.Synchronizing, sharing, and storing the data you upload or download and the data needed for uploading and downloading.Ensuring the security of our products, services and customers or users, executing and improving our loss prevention and anti-fraud programs.Complying with and enforcing applicable legal requirements, industry standards and our policies.

Cookies and Similar Technologies

To ensure our services provided works correctly, the company may at times use cookies. You can manage or delete cookies based on your own preferences. In addition to cookies, we may also use other similar technologies on our services.

Access and Control to Your Personal Data

It is your responsibility to ensure that all personal data submitted to the company is correct. The Company is dedicated in maintaining the accuracy and completeness of personal data and keeping the data up-to-date.

To the extent required by applicable law, you may (i) have the right to access certain personal data we maintain about you, (ii) request that we update or correct inaccuracies in that data, (iii) object or restrict our use of your personal data, and (iv) ask us to delete your personal data from our database. 

The security of your personal data is important to the company. The company uses appropriate measures to protect your personal data from unauthorized access, disclosure, use, modification, damage, or loss. The company is committed to protecting your personal data; however, please note that no security measure is perfect.

The company shall retain your personal information for no longer than is necessary for the purposes stated in this agreement, unless otherwise extending the retention period is required or permitted by law. The data storage period may vary with the services. The standards the company uses to determine the retention period are as follows: the time required to retain personal data to fulfill business purposes, including providing products and services; maintaining corresponding transaction and business records; controlling and improving the performance and quality of products and services; ensuring the security of systems, products, and services; handling possible user queries or complaints and locating problems; whether the user agrees to a longer retention period; and whether the laws, contracts, and other equivalencies have special requirements for data retention; etc. We will maintain your registration information as long as your account is necessary for service provision. 

A child must not create the account without the consent of a parent or guardian. If a child's personal data is collected with prior parental consent, we will only use or disclose the data as permitted by law, with the explicit consent of the child's parents or guardians, or when necessary for the protection of the child. If we accidentally collect a child's personal data without verified prior consent from the child's parents, we will attempt to delete the data as soon as possible.

Third-Party Providers and Their Services

You may receive any alert from third parties other than the company and its partners ("third parties"). The company does not have the right to control such third parties, but you can choose whether to use those links, view the content and/or access the products or services provided by third parties.

The company cannot control the privacy practices and data protection policies of third parties that are not subject to this agreement. When you submit personal information to such a third party, please read and refer to the privacy protection policy of the respective third party.

International Transfers of Your Personal Data

As a global company, your personal data collected may be processed or accessed in the country/region where you use the services or in other countries/regions where the company or its affiliates, subsidiaries, service providers or business partners have a presence. These jurisdictions may have different data protection laws. In such circumstances, the company will take measures to ensure that data is processed as required by this Policy and applicable laws, which includes when transferring the data subject’s personal data.

Financial Information

If you purchase any services, subscription, software or customer support directly from the company, the company shall provide the payment gateway facilities for your easy and simplified payment process and in such cases your financial information will be subjected to the terms and privacy policies of those gateways.

CANCELLATION OF THE SERVICES

You can choose to stop the services and deregister your account. After you deregister your account, the company will stop providing you with all the services through your account and delete your relevant personal data, provided that deletion is not otherwise stipulated by special legal requirements. You may cancel your subscription at any time during the subscription period by writing a notice to the company, the contact details of which are available on the contact details page of this Site. The company will not provide any refund that you have cancelled once after acceptance.

SUBSCRIPTION TERMS AND CONDITIONS

General

You agree to pay the fees established for your subscription, as may be amended from time to time by the company. All the features and functionalities, subscription costs and the right to use the service could be changed from time to time with or without notice. You are only entitled to use the services provided by the company and if not willing, you shall discontinue at any time and hence you do not have the right to demand damages or any financial losses or any claims from the company for any reason. The company cannot be sued for damages or for any other claims as per this agreement executed by you.

No Other Licenses

By executing this agreement, you neither grant nor receive, by implication, estoppel, or otherwise, any rights under any copyright, patents or other intellectual property rights of the Company, its Partners or any other. 

Logos, Names and Company Related Information

You grant the company the right to use your organization’s name, information describing the company & its products and logo and related marketing materials, solely to indicate your subscription. As long as you remain in good standing, you may use the company name and logo, in the format and with the notices provided earlier to the company or if requested by the company.

Payment terms

The payment should be made annually. Payments have to be made before the due date of the subscription and if not complied the services would be terminated immediately at the discretion of the company. A grace period of 10 days may be granted upon request due to valid reasons given in written for non-payment of the subscription charges. After the grace period the services would be suspended until the payment is made.

In the event that your Account contains an in-store credit balance: (1) you may apply any available credit balance to any future purchase; and (2) you authorize the company to apply any available credit balance to any outstanding administrative fees, chargebacks, or other fees related to your Account. In the event that the company is unable to successfully charge either the Payment Method associated with a specific service in your account or your backup Payment Methods when processing service renewals, the company may use any available in-store credit balance if there are enough funds to cover the entire transaction. Regardless of the amount of in-store credit available in your account, the company is not responsible for the loss of products resulting from an inability to collect funds from your Payment Methods or the in-store credit. In-store credits will be applied based on the currency selected in the shopping cart at the time of purchase (or renewal). If you have more than one in-store credit, then the credits will be processed according to the age of the credit, with the oldest in-store credit being applied first. If additional funds are required to complete the purchase or renewal, credits held in a non-selected currency will be converted using the present daily exchange rate based on the age of the credit (oldest to newest) until (i) enough funds are allocated to complete the transaction, or (ii) there is no available balance left in your account. You understand and agree that at the time of conversion, the services provided may also incur an additional administrative charges.

You can verify your available in-store credit balance at any time through your Account. You acknowledge that in-store credit balances are non-transferrable, may only be used in the Account in which they were acquired and may expire. Complimentary in-store credits will expire two years after issuance. In the event that the company terminates your Account, you acknowledge and agree that any remaining available in-store credit balance will be forfeited.

You also acknowledge that funds available in your in-store credit balance will be held by the company and will not accrue or pay interest for your behalf.

Mode of Payment

The modes of payment are user friendly and includes Cash, Cheques, Demand Drafts, Credit & Debit Cards, Net Banking (IMPS, NEFT, RTGS), UPI (Google Pay, PhonePe, Razorpay), ICICI Eazypay, Paypal. 

Payment and Billing

The charges for all the services/subscriptions will be due and payable based on your chosen services within the date mentioned in the invoice or purchase order. All the payments are non-refundable. Full payment is required to execute the development works for the chosen services. The company shall issue invoices and, to the extent specified in such invoices receive payments, and may engage one or more billing agents to do so. You may, in any Order or invoice, require that payment be made through the payment gateway set up by the company and agree not to submit such payment to any other. The company will ensure that any payment mechanism (e.g. credit card, direct transfer, etc.) elected remains current and operable throughout the term of the applicable service. Authorization for recurring electronic payments will remain in full force and the payment reminder will be sent to you 15 days prior to the date of your previous payment if any written notification to the company is received with the intention to cancel any subscription or services and that notice does not affect the payment for the remaining services that are not included.

Additional Purchase of Services

You shall either avail any services provided by the company at any time by making the payment for the chosen services, also you shall cancel any subscriptions by sending a written notice to the company. No refund shall be processed for the services cancelled prior to the end of the subscription period.

COMPLIANCE WITH POLICIES

You agree to abide by, and shall have features and functionalities mentioned and obligations as set forth in, and any and all additional policies and procedures adopted by the company, as any of these may be amended from time to time with or without notice. The company has the right to amend the features and policies of your access to the services provided and its features and functionalities from time to time with or without notice.

LIMITATION OF LIABILITY

We shall not be liable for any indirect, incidental, special, punitive, or consequential damages, or any loss of profits, revenue, data, or data use. The maximum liability payable by the company for any damages whether in contract or tort will not exceed the fees or subscription fees which you have paid or payable to us for the order.

DISCLAIMER

The services provided by the company hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded. The Company does not represent or warranty that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the services provided does not violate any third party rights; Any material downloaded or otherwise obtained through the Services Platform is done at your sole discretion and risk and you are solely responsible for any damage to your computer system/mobile or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by you from the services shall create any warranty not expressly stated herein. Under no circumstances shall the services be held liable for an delay or failure or disruption of the content or services delivered through it resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures. You hereby further agree to indemnify and save the services provided, its affiliates, directors, officers and employees harmless from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your breach of any representations and warranties made by you to the services provided. You hereby further agree that the services provided is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with you. The services reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the services in asserting any available defenses. The SMS, Email alerts will be sent to the registered users by the services provided by the company but neither the Company nor the Services Platform shall be responsible for any failure of Email and SMS alerts if there are any issues for the communications in reaching the users. The company through its services at any point of time does not guarantee the sales leads from your customers. The Services provided by the Company are subjected to change from time to time and no intimation or information is necessary for the changes in the services to be considered effective. Any claims made against the company shall only limit to the total amount you have paid for the products and services provided by us.

The Company is under no duty and does not by the Agreement, Proposal or Terms of Service undertake a duty to monitor, supervise, or “police” your activities and disclaims any responsibility for any use or misuse of the company's products/services and/or its resources/network. The Company has no obligation to any person who has not entered into an agreement for any Projects or Services with us. 

The company is not a party to any order, sale or contract which arises between the user and any party using the services provided.

The company shall not be liable for the claims and liabilities arising out of the user buying or using products listed in the services provided or by making use of the information provided in the same.

No additional terms and conditions proposed by the members in the course of the transactions will bind “The company.”

In no event shall the Company be liable to the user or any third parties for any inability to use the services provided (whether due to disruption, limited access, changes to or termination of any features on the Website/Mobile application or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the services provided or any of its features. 

Disclaimer of Warranties

Other than what is specifically stated in the agreement, proposal, order form and/or herein, the company. makes absolutely no warranties whatsoever, express or implied, with respect to the services. we specifically do no warrant or represent that the services will be uninterrupted, error-free, or completely secure. to the fullest extent permitted by applicable law, we disclaim any and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. the services are provided on an “as is” basis. 

NOTICES

All notices (Discontinuation of account) or demands to or upon the services provided shall be effective if in writing/mailing and shall be duly made when sent to Tara Blooms Private Limited to the following address:

To

Tara Blooms Private Limited 

No.1, Akshaya Arcade, First Floor, Vellingiri Nagar, Navavoor Pirivu, 

BU Post, Coimbatore, TN, INDIA, 641046.

Email : helpdesk@tarablooms.com / sales@tarablooms.com

MISCELLANEOUS

Terms and conditions of this agreement shall be governed in all respects by the laws of Indian Territory. Headings are for reference purposes only define, limit, construe or describe the scope or extent of such section. The company’s failure to enforce any right or failure to act with respect to any of your breach under agreement will not waive that right nor waives the Company’s right to act with respect to subsequent or similar breaches. The services provided shall have the right to assign its obligations and duties in this Agreement and in any agreement relating to any/all of its Services to any person or entity. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. All calls to the company are completely confidential. However, your call may be recorded to ensure quality of service. Further, for training purposes and to ensure excellent customer service, calls from the company may be monitored and recorded.

The above mentioned terms and conditions of use and/or Agreement constitutes the entire agreement between you and the company with respect to access to and use of the services provided, superseding any prior written or oral agreements in relation to the same subject matter herein.

 

RESELLER AGREEMENT

If you are a reseller, along with the above mentioned "Terms and Conditions/Agreement", you also agree to be the below terms.

Reseller Agreement is entered into by and between the company and the reseller, and is made effective as of the date of electronic acceptance by filling in the details of the Reseller form. This Agreement sets forth the terms and conditions of the reseller use of the company’s Reseller program(s) (“Reseller Program(s)”) for the purpose of selling some of the company's products and services (the “Services”) to the reseller’s own customers, and represents the entire agreement between the reseller and the company concerning the subject matter hereof. Reseller’s electronic acceptance of the Reseller Agreement signifies that the respective reseller have read, understood, acknowledge and agree to be bound by this Agreement, along with our other Terms and Conditions, and any other agreements or policies that are expressly incorporated herein. If the reseller do not agree to be bound by this Agreement and the Reseller Program limitations as incorporated, then the reseller shall not continue to use the Reseller Program(s).

Reseller Obligations, Limitations and Restriction

Data Protection: Subject to the terms and conditions of the Data incorporated herein, the reseller may be granted access to customer data for limited purposes and uses. Any access and use of customer data is permitted only upon the resellers’ strict adherence to the terms and conditions, and any failure to comply with or breach of its terms will be grounds for immediate termination of this Agreement and participation in the Reseller Program. Specifically, the reseller may be granted access to their customers’ accounts, which includes the ability to manage their products, services, payment methods or other related items (“Account Details”). All Account Details will be treated as Confidential Information. The resellers may not alter, change, cancel or add Account Details without the express consent of your customer and agree to maintain the integrity and security of your customers’ Account Details, and will limit access of Account Details to its rightful owner. The company shall not be liable and it is the own risk of the for any complaints received from the resellers’ customers due to any change or mislead in the contents. It is also the reseller's responsibility to explain this full agreement to their customers and also as