5. HYPERLINKS, ALERTS AND ADVERTISING
5.1 Hyperlinks: For your convenience, we may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
5.2 Advertising: We may attach banners, java applets and/or such other materials to the Platform for the purposes of advertising our or our Third Party Vendors’ products and/or services. For the avoidance of doubt, you shall not be entitled to receive any payment, fee and/or commission in respect of any such advertising or other promotional materials.
6. YOUR SUBMISSIONS AND INFORMATION
6.1 Submissions by you: You grant us a non-exclusive licence to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your Username in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, publish, remove or edit your Submissions.
6.2 Consent to receive e-mails: You consent to and authorise the use by us of any information provided by you (including Personal Data) for the purposes of sending informational and promotional e-mails to you. Your agreement to the provisions of this Clause shall constitute your consent for the purpose of the provisions of any spam control laws (whether in India or elsewhere). You may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail.
8. ESTABLISHMENT OF THE USER AGREEMENT
8.1 The user agreement in respect of the Services provided by the Company (the “User agreement”) is established when the Company provides its consent to the application filed by any person, who wishes to use the Services. The application is made when any person, who wishes to use the Services, fills in each required item in the membership application form provided by the Company online and expresses his or her intent to consent to this Agreement.
8.2 The applicant shall be deemed to have become the Member as of the date on which the Company’s consent to such person becoming Member is posted on the relevant Service page or such consent has been received by the applicant by email or any other means determined by the Company.
8.3 Any individual of the age of 18 or more is entitled to apply for the membership. Any corporate which is able to engage in normal business activities as of the date of the application, is entitled to apply for the membership.
8.4 In principle, one (1) membership ID shall be given to one (1) person (on the basis of the email authentication for which personal identity has been confirmed; in case of corporate, on the basis of each corporate number and business enterprise registration number); provided, however, that in the case of Seller Members (who are also Corporate Members), up to five (5) Member ID may be given per each business enterprise registration number, to the extent that such Member satisfies the criteria set by the Company (transaction period, performance record, credit rating, dispute records, etc.)
8.5 In the event the Member signs up again for the membership following the expiration (including termination) of the User agreement, in principle, the ID, which was last used, cannot be used and the new ID shall be used.
8.6 In the case of application for the membership submitted by the Individual Buyer Member and/or Individual Seller Member, the personal identity verification proceeding shall be undertaken by email authentication. For any application for which the personal identity verification proceedings cannot be undertaken by the Company, the Company is entitled to request the applicant to submit evidentiary materials.
8.7 Because there is a concern that certain Members may seek to receive expediently various economic benefits, such as various discount coupons, benefit from events, etc., provided by the Company, by repeating the process of signing up for membership, voluntarily terminating the membership, etc. or that certain Members may illegally use the other’s name in such process, in order to prevent such illegal activities from occurring, the use of the Services by the Member and the filing of the application for the membership within one (1) month from the date on which the Member voluntarily withdraws from the membership may be denied.
9. CHANGE AND PROTECTION OF PERSONAL INFORMATION
9.1 Anyone who wishes to become a Member and use the Services contemplated hereby shall be required to go through the application process.
9.2 In the event there is any change to the matter the Member recorded at the time he or she applied for the use of the Services, such Member shall immediately update the information; provided, however, that any information, such as name, ID, which is impossible to be changed, cannot be changed.
9.3 The Member shall be responsible for any damages occurring from the non-updated information, for which the Company shall not be responsible in any way whatsoever.
9.4 The Company shall not use any information of the User for purposes other than to provide the Services, nor shall it provide such information to any third party without the consent of the User, with the following exceptions:
- to provide to the Seller, delivery company or etc. the minimum information relating to the User (name, address, contact information, ) that are necessary for transaction, delivery, etc.
- when the use of the personal information of the User and the provision of such information to a third party are permitted under the laws and regulations
- when such information is required to execute the purchase and sale and for return, exchange, cancellation, etc., following the completion of the purchase and sale; provided, however, that the Company is entitled to provide the contact information of the counterparty only to the relevant Seller and Buyer who participated in the purchase and sale.
9.5 The Company shall strive to protect the personal information of User, which includes the information on User, in accordance with the related regulations. The Company shall establish the policy of the protection of the personal information of the User, select the person in charge of the protection of the personal information and post this information.
9.6 Any matter related to the protection of personal information of the User shall be handled in accordance with the related law, regulation and the personal information protection policy determined by the Company.
9.7 In the event any transaction is achieved through the Services provided by TinyWallet, the Company shall provide to the Seller the personal information of the User which is necessary in connection with the transaction of the products between the Seller and the Buyer, delivery, etc.
9.8 We may share your personal information with:
- Third-party service providers under contract who help with our business operations: We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links(including paid listings and links), processing credit card payments, investigating frauds and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
- Third parties giving promotional offers: Sometimes we send offers to selected groups our users on behalf of other businesses. When we do this, we do not give that business your name and address. If you do not want to receive such offers, please adjust communication preferences in TinyWallet.
- Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service).
- Law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity. In such events, we will disclose information relevant to the investigation, such as name, city, postal code, telephone number, email address, User ID history, IP address, fraud complaints, and purchasing and listing history;
- Brand Protection Program participants under confidentiality agreement, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity. In such events, we will disclose name, street address, city, postal code, country, phone number, email address and company name; and
10. MEMBER RATING AND REVIEW SYSTEM
10.1 For any Products traded by using the Services, the Company may grant the Member Rating ,certain benefits and etc., relating to such rating based on the Points earned in connection with such transaction. The Member Rating, associated benefits and etc. are granted in accordance with the history of the use of the Services and the standards of the Use Policy determined by the Company, the details of which are posted on the relevant Services pages or the start-up screen of the Internet site operated by the Company (any changes to the Member Rating policy, associated benefits and etc.
10.2 In the event the relevant Member files an objection in respect of the element of the rating granted to such Member, the Company may adjust all or part of the elements of the rating in consideration of various circumstances such as the explanation given, the credit rating of the relevant Member, etc.
10.3 The rating of the Member shall be utilized only as reference materials when the Products are purchased and sold, and it does not guarantee the credit of the Member or indicate the financial status of the Member.
10.4 The Buyer of the Products is entitled to indicate its satisfaction for the relevant transaction when the purchase is finalized by using different ratings made available by the Company. The indicated satisfaction of the Buyer is reflected in the assessment of the Seller of the relevant Products. The degree of satisfaction for transaction and the rating shall be posted on the relevant Service pages.
10.5 The review of the Products may be written by all Members including the Buyer, which, in principle, must be publicly disclosed. Any person who has written the review of the Products can delete the review prepared by himself or herself. In the event it is determined that the disclosed review of the Products and any attached opinion thereto are not appropriate for public disclosure, the Company is entitled to change or delete the relevant review and attached opinion. When the review of the Products is deleted, any opinion attached to such review is also deleted. The related detailed matters shall be posted on the relevant Services page.
10.6 A person, who has provided Products review and the degree of satisfaction concerning the counterparty of the transaction, shall be responsible for such assessment, and the Company does not intervene in ascertaining whether any of these is true.
10.7 The Company is entitled to impose sanctions, such as deleting the relevant valuation results and disqualifying the relevant Member from using the Services, etc., if the Member has engaged in any activities in contravention of the purpose and objectives of the Member Rating and the assessment system
10.8 The Product review may be deleted or the relevant Member may be disqualified from using the Services in any of the following cases:
- if any assessment of the degree of satisfaction has been undertaken in order to fabricate the Member Rating or to manipulate the increase in the degree of satisfaction;
- if any assessment was performed (and the assessment result thereof), after cash or other compensation was provided and/or promised in return for indication of a high degree of satisfaction and the Product review
- if engaged in any activities of insulting, causing defamation or damaging credit of a third person, etc. through the Product reviews and any assessment results thereof
- if using the Member review system in contravention of the purpose and objective of such system.
11. MANAGEMENT OF MEMBERS
11.1 The Company may take the following measures against any Member who has breached this Agreement, related laws and regulations and the general principle of business transactions:
- Deducting the credit point;
- Taking back all or part of the benefits incidentally provided by the Company;
- Restricting the use of specific Services;
- Termination of the User agreement; and
- Requesting compensation for damages.
11.2 In the event the Company has undertaken the measures set forth in the above Article, the Company shall provide the prior notice thereof to the Member by telephone or e-mail. Under certain inevitable circumstances, such as where the Member is out of contact or in the case of emergency circumstances, such measures may be taken prior to the notice and, subsequently, notified to the Member. Provided, however, that the deduction of the credit point may be made without notice.
11.3 In the event the Member fails to log in for 18 month or more, the Company may consider such account as dormant account, in which case the Company may place restriction on the use of Services provided by the Company. Once designated as dormant account, in order to use the Services again, the Member shall go through the identification authentication procedures.
12. USE OF THE DISCOUNT COUPONS
12.1 The Company or the Seller may issue discount coupons, which provide discount of fixed amount or rate to relevant Member in the event the Member purchase the Products by using the purchasing Services.
12.2 The Member has the right to use the discount coupon only for his or her own purchases, and the Member shall not, under any circumstances, engage in de-facto sale or transfer of such coupons to any other person.
12.3 The use of the discount coupons may be restricted depending on certain items or amount, and such coupons cannot be used after the expiration of their respective expiry date. The discount coupon may not be reusable after any refund is made due to cancellation or the return of the Products.
12.4 Any discount coupons provided to the Buyer may not be used in multiple for the purchase of one (1) Product; provided, however, that to the extent the issuer of such discount coupon is different (company or Seller), it may be possible to use multiple coupons for the purchase of one (1) item.
13. ACCEPTANCE OF ORDER AND PAYMENT METHODS
14. CANCELLATION OF AN ORDER BY STYLETAG
- TinyWallet reserves the right, at its sole discretion, to refuse to accept or cancel any accepted order for any reason. Situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will inform you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit / debit card (Card) has been charged, the said amount will be refunded by way of a reversal of the transaction with the Card Issuer. We will seek authorization on your Card for the aggregate amount of the order placed by you. However, we may charge your card (capture) only with the amount corresponding to the actual portion of the order that we are able/willing to fulfill, along with any associated shipping charges/taxes and levies etc. Any surplus amount, for which we might have originally sought and received an authorization on your Card from your Card Issuer, if not captured by us within the time period stipulated by our Banker, will not be captured / charged. If however such surplus amount is charged to your Card / bank account in error, we will refund the same as soon as the error is realized or brought to our notice, whichever is earlier. TinyWallet reserves the right to capture / charge your Card to the full or partial authorized amount for the concerned order. Where you have opted for payment by COD and your order is cancelled, we will notify you of such cancellation by e-mail within 7 working days of our decision to cancel your order.
15. CANCELLATION OF AN ORDER BY THE CUSTOMER
- You may cancel the whole or part of your order by completing the Order Cancellation Form available on the portal. Cancellations will be accepted only if made within 1 day of your placing the order and subject to the condition that the products have not been despatched. If the request for cancellation of an order is accepted byTinyWallet, the amount charged to your card will be refunded to you within a period of 10 working days from the date of cancellation. TinyWallet reserves the right to accept or reject requests for order cancellations for any reason.
- Delivery charges and timelines vary depending on the type of products ordered, the product you select and the delivery address. Delivery will be to the address specified in your order. We shall provide details to enable you to track your order once it has been despatched. If you do not receive the package within 7 working days of our despatch intimation to you, please send us an email to firstname.lastname@example.org mentioning your order number. On receipt of your email, we shall follow up with our courier and logistics service providers and arrange delivery of your order within 2 weeks failing which we shall refund the amount paid by you. All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order. We shall be under no liability for any delay or failure to deliver products if the delay or failure is wholly or partly caused by circumstances beyond our control. Due to customs, legal, regulatory and certain practical restrictions applicable to orders placed for international delivery, some of our products may not be available for delivery to certain destinations outside India. TinyWallet reserves the right to define what can and cannot be delivered to which destination. We currently deliver across India. Currently, each order may be shipped only to a single destination address. If you wish to ship products to different addresses, you shall need to place multiple orders. Please refer to the delivery and return section for more details. Purchases will be made in Indian Rupees. International credit card providers or banks will determine the exchange rate and may add an additional processing or administration charge in relation to such payment which international credit card holders will be liable to pay. Additional taxes, fees or levies may apply according to local legislation and customers are required to check these details before placing an order for international delivery.
- The failure by either party to enforce at any time any of the provisions of this agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions.
- This portal uses encryption technology and security techniques to protect the information from access by unauthorized third parties. However TinyWallet cannot guarantee that the encryption technology will operate as intended or that a third party will not be able to access such information. We also do not guarantee uninterrupted or secure access to our system, as the operation of our portal can be interrupted by numerous factors outside of our control.
- Tinywallet reserves the right to change these terms of service and by accessing or using the portal after such changes have been made, users agree to abide by such changes. All modified terms and conditions shall take effect immediately after posting to the portal. You agree and consent to any and all modified terms and conditions hereunder. This agreement may not be modified, amended, and/or changed by you in any manner. Furthermore, you agree that we may modify this agreement or discontinue our portal at any time and without notice and without any liability or responsibility to you.
20. PROHIBITED ACTS
20.1In furtherance of safe transactions, Seller and Buyer are prohibited from directly entering into a transaction (e.g., direct dealing) without using the Payment Protection Services provided by the Company. Any issues or problems arising from such direct dealing shall be borne by the parties thereto, and the Company shall not take any responsibility in relation thereto.
20.2 A Seller who are confirmed to have engaged in or induced a direct dealing may be suspended from using the Service or be terminated from the User agreement, and a Member may report such Seller to the Secure Transaction Center operated by the Company.
20.3 In furtherance of fair auctions, the Company prohibits false biddings, habitual cancellations of successful bid or returns of auctioned products after purchase, interruptions to auction, manipulation of highest bidding price and any other unfair auction practices.
20.4 Upon confirming any unfair auction practice, the Company may rescind and annul the bid and may restrict further biddings, terminate User agreement or take other measures.
20.5 Any abnormal use of the Service or access to the system not in conformance with the terms and conditions of the Service provided by the Company is prohibited.
20.6 Upon confirming any wrongdoings to the system, the Company may take following measures against the responsible Member: reclaim of additional benefits, in part or in whole, provided by the Company, restriction in use of certain Services, termination of User agreement, etc.
20.7 The Service prohibits any purchase from unauthorized use of another person’s identify, credit card information, account information, etc.
20.8 Any unusual payment in violation of related law, such as raising funds in disguise of sale of product or supply of service is prohibited. Upon confirming such activity, the Company may suspend or cancel the Member’s transaction and notify relevant authority.
20.9 Any unusual transaction exploiting discount rates, etc. provided by the Company and any purchase with no intention of actual purchase (e.g., no actual delivery of product) are prohibited. Upon confirming such activity, the Company may cancel such transaction, restrict use of the Services or terminated User agreement.
21. COPYRIGHT POLICY
21.1The Company shall establish and manage the policy of protecting the copyright of the copyright holder in connection with the use of the Services, and the Member shall comply with such copyright policy of the Company.
21.2 The Member shall have copyright over any postings that have been prepared by the Member while using the purchase Services provided by the Company. The Member shall be responsible for any civil and criminal liabilities such as infringement of the copyright related to the relevant postings.
21.3 The Company may search, expose to the other website, or use for free as sales promotion and other materials any postings registered by the Member, and may copy, display, transmit or distribute such posting or prepare compilation works and the derivative works in the Services provided by the Company; provided, however, that in the event the Member, who has registered the relevant postings, requests the Company to stop using such postings by deleting the postings, the Company shall immediately cease from using such postings.
21.4 By posting on TinyWallet, the Member is deemed to have granted the Company a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to copy, display, use, reproduce, publish, distribute, transmit such postings and prepare compilation works and derivative works from such postings throughout the world in any media
21.5 Company automatically records Web Site use information and analyze statistically to track operational problems, to prevent fraud and to improve the effectiveness, security, and integrity of the Web Site. This information does not identify member personally and Company does not use this information to track information about individuals. We will disclose this information to third party only in aggregate form or as may be required by law. For each page visited, the Company collects and stores only the required technical information in what is called a “web server log file”, including but not limited to : Date and time of access, URL address of webpage visited, internet domain and IP address from which tinywallet.in was accessed, Type of browser and operating system used to access tinywallet.in (if provided by the browser), URL address of the referring page (if provided by the browser), completion or success status of the request for a webpage or other online item, file size of the webpage visited.
21.6 The Company shall have the ownership over a copyright and any other intellectual property rights relating to any works prepared by the Company. In the event the User uses the information which it has acquired while using TinyWallet by copying, transmitting, publishing, distributing or broadcasting such information, or by using any other means, without the prior consent of the Company, the User shall be responsible for such use (including the use of a third party, if such use is granted by the User).
21.7 The Member may protect its rights by using the reporting center system operated by the Company in the event his or her copyright has been violated at TinyWallet.
21.8 The Company may, without notice, delete the postings, restricts or prohibits the relevant publisher from using the specific Services, terminate the User agreement or take any other measures in any of the following cases. In the event the postings are deleted, any other notices related to such postings (such as comments, responses, etc.) shall be deleted as well.
1.1 If the contents of the posting violate the provisions of Indian laws;
2.2 If the posting infringes the rights, honor, credit and any other legitimate profit of the other person;
3.3 If the posting contains malignant code or data that may cause malfunction of information technology equipment;
4.4 If the posting violates social public order or is destructive to the traditional custom
22.1Notices from us: All notices or other communications given to you if:
(a) communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; or
(b) sent by post or left at your last known address will be deemed to be received by you on the day following such posting or on the day when it was so left.
22.2Notices from you: You may only give notice to us in writing sent to our designated address or e-mail address, and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
22.3Other modes: Notwithstanding Clauses 22.1 and 22.2, we may from time to time designate other acceptable modes of giving notices (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.
23. Governing Law and Jurisdiction)
23.1 This Agreement, Service User agreement between the Company and Members and any sales transaction between Members shall be governed by the laws of India.
23.2 The Indian relevant court shall be the competent court of first instance for any litigation arising from disputes between the Company and User in relation to the Services.