Terms and conditions
Welcome to www.tansh.com (“Website”).
This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder and as the same may be amended from time to time. Being a system generated electronic record, it does not require any physical or digital signature.
Greetings from www.tansh.com (“Website”). The Website is owned by TANSH JEWEL PRIVATE LIMITED, a company incorporated under the Companies Act, 2016 having CIN NUMBER.
Acceptance of Terms, etc
- Using the Website may be prohibited or restricted in certain jurisdictions. If you use the Website from such prohibited/restricted jurisdiction, you are solely responsible and liable and responsible for any compliance/non-compliance with the laws and regulations thereof.
- Unless otherwise specified, the Website is currently offered in India only. We make no representation that the Website will be offered to be appropriate or available for use in other jurisdictions. Those who choose to access the Website from outside India can do so on their own account and we shall not be responsible for any circumstances thereof.
Creating an Account
- You confirm and agree that we and/or our jewellery partners are the owners of the proprietary information made available to you through the Website and hereby retain all proprietary rights in the same.
- We or other Website users or jewellers may upload/publish/post any copyrighted information and materials, whether having copyright protection or not and whether bearing any trademark or not, or which may be identified as copyright or a trademark. You undertake not to post, copy, reproduce, modify, publish, transmit, distribute, perform, display, commercially use/exploit, sell or use such information or materials in any way, whether partly or fully, and for any purpose whatsoever.
Website as a Platform
- Tansh is merely an intermediary and provides the Website which serves as a platform to the Website users to interact and transact and therefore, as per the Information Technology Act, 2000 and rules made thereunder, Tansh is neither the creator nor the publisher of any content available on the Website. Tansh is not and cannot be a party to or control in any manner any transaction between the Website users. By acting merely as an intermediary, Tansh assumes no responsibility or liability of any sort whatsoever for providing the said platform to the Website users. To protect the integrity of the platform, Tansh reserves the right, but has no obligation, to exercise editorial control over any content, including the right to block any Website user from accessing the Website, whether temporarily or permanently.
- All commercial and contractual terms are offered by and agreed to between Website users (buyers and sellers). We neither have nor exercise any control or advise or get involved in any way in any transaction between jewellers and consumers.
- We do not make any representation or warranty as to the credit worthiness or identity of any Website user. You are advised to independently verify the bona fides of any particular Website user that you choose to deal or interact with on the Website.
- We do not make any representation or warranty as to the specifics or features of any of the products or services offered on the Website. Further, we do not in any way support or endorse the sale or purchase of any products or services on the Website. We accept no liability of any nature whatsoever for any errors or omissions, whether on our behalf or on behalf of any third parties.
- We do not at any point of time have any right, title, claim or interest over the products or services offered by any Website user on the Website.
- You release and indemnify any partners, officers and representatives from any and all cost, damage, liability or other consequence of any of the actions of any of the Website users and waive any claims that you may have in this behalf under any applicable law.
- Use of the website is free for consumers. We do not charge any fee for browsing and enquiry on the Website. However, we expressly reserve our right to levy a fee for jewellers from time to time. If any such fee is levied, we will post the same on the Website and such fees 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 Tansh.
We reserve the right to investigate, suspend and/or terminate, whether temporarily or permanently, your Website account with us if you undertake any of the following acts:
- abuse, impersonate or defame any Website user or any other person, entity or any religious community.
- displaying, publishing, transmitting or sharing any information or content that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.
- displaying, publishing, transmitting or sharing any information or content that is misleading in any way.
- displaying, publishing, transmitting or sharing any video, photograph, or image of any Website user or any other third party.
- “stalk” or otherwise harass any Website user or any other person
- make any statements, whether expressed or implied, and whether privately or publicly, as those endorsed by us without our specific prior written consent.
- use the Website in an illegal manner or commit an illegal act or use the Website not expressly authorized by us
- access the Website from a jurisdiction in which it is illegal or unauthorized or barred
- making use of any information or content that infringes upon or violates any third party's rights (including, but not limited to, intellectual property rights, rights of privacy or rights of publicity)
- undertake, ask, solicit or use Website users to conceal the identity, source, or destination of any illegally gained money, services or products.
- use any robot, spider, tool, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Website.
- undertake any unauthorized framing of or linking to the Website or “frame” or “mirror” any part of the Website, without our prior written authorization.
- interfere with, obstruct, destroy or disrupt the Website or the servers or networks connected to the Website, whether partly or fully and whether permanently or temporarily.
- email or otherwise transmit any content or material that contains software viruses, malware, spyware or any other computer code, files or programs designed to interrupt, destroy, disrupt or limit the functionality of the Website or of any computer software or hardware or telecommunications equipment connected with the Website.
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Website (either directly or indirectly through use of any third party software).
- use meta tags or code or programs or other devices, tools or technology containing any reference to us or the Website (or any trademark, trade name, service mark, logo or slogan of ours or any Website user) to direct any person to any other website for any purpose.
- directly or indirectly modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website.
Content Posted by You
- You are solely responsible for any and all content or information that you post, upload, share, publish, link to, transmit, record, display or otherwise make available (hereinafter, “post”) on the Website or transmit to other Website users, including text messages, chat, audio, video (including streaming videos), photographs, images, graphics, or profile text, whether publicly posted or privately transmitted (collectively, “Content”).
- We do not verify the accuracy or truth of any Content You post on or through the Website. We are not the publisher of the Content and only provide you with a technology platform to facilitate you to post such Content. Further, we are merely acting as an ‘intermediary’ as per the Information Technology Act, 2000 and rules (Information Technology (Intermediaries Guidelines) Rules, 2011) made thereunder. We assume no responsibility or liability of any sort for providing a technology platform to our Website users to facilitate them to post their Content. To protect the integrity of the Website, we reserve the right to exercise editorial control over your Content, including the right to block any member from accessing the Website, whether temporarily or permanently.
- You shall not post to us or to any other Website user (either on or off the Website), any offensive, inaccurate, incomplete, inappropriate, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material or content that infringes or violates ours or any person’s rights (including intellectual property rights, and rights of privacy and publicity).
- You represent and warrant that
- all information and Content that you submit upon creation of your Website account is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and
- By posting Content on the Website, you automatically grant us and to our affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up/royalty-free, worldwide right and license to
- use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content,
- prepare derivative works of the Content or incorporate the Content into other works, and
- grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of Your Content by us will not infringe or violate the rights of any third party.
- You shall not post, upload, modify, display, publish, transmit, update, share or otherwise make available Content that:
- promotes racism, bigotry, hatred or physical harm or injury of any kind
- advocates harassment or intimidation of another person;
- relates to or promotes or encourages money laundering, sex trafficking or gambling;
- requests money from, or is intended to otherwise defraud, other users of the Website;
- involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming” (or “spimming”, “phishing”, “trolling” or similar activities);
- is misleading, offensive, false, misleading, untrue, unlawful, illegal, defamatory, harassing, disparaging, obscene, sexually explicit, blasphemous, scandalous, libelous, threatening, abusive, hateful, harmful, bigoted, racially offensive, invasive of privacy right of any person, or otherwise objectionable or inappropriate;
- belongs to another person and to which you are already aware that the same does not belong to you or that you do not have any right to the same;
- directly or indirectly alludes to child pornography;
- is an illegal or unauthorized copy of another person’s copyrighted work, including but not limited to providing pirated computer programs or links to them, providing information to circumvent manufacture- installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
- contains video, audio, photographs or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people in a sexual, violent, obscene or other illegal manner, or solicits personal information from anyone under the age of 18 years;
- provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
- contains viruses, time bombs, trojan horses, bots, worms or other harmful, or disruptive codes, components or devices;
- impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
- disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission;
- contains any advertising or commercial messages;
- infringes upon or violates any third party's rights, including any intellectual property rights;
- hinders the Website functionality in any way or interferes or affects other Website users’ use and enjoyment of the Website;
- publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or
- violates any law for the time being in force.
- We reserve the right, in our sole discretion, to investigate and take any legal action against anyone who violates the aforesaid Clause 8(g), including deleting or removing the offending Content from the Website and/or terminating or suspending the Website account of such violating members. Whilst we reserve our right to delete or remove such Content, we do not guarantee that such offensive Content will be removed or deleted. Failure by us to remove or delete such Content does not waive our right to remove or delete the same in subsequent or similar cases.
- Your use of the Website, including all Content you post, must comply with all applicable laws and regulations. You agree that we may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to:
- comply with applicable laws, requests or orders from law enforcement agencies, appropriate authorities ( such as without limitation, child protection agencies, court officials, expert professional investigative agencies and the like ) or for any legal process;
- protect or defend ours, or any third party's rights or property;
- in support of any fraud/ legal investigation/ verification checks;
- respond to your requests for customer service or allow you to use the Website in the future; or
- safeguard a party who may be a victim of any abuse in any form.
- We assume no responsibility or liability for any deletion of or failure to store any of your Content.
Adherence to Laws
- 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 and also all applicable State and Central laws, statutes, ordinance, rules and regulations.
Modifications to the Website
Disclaimer of Warranty
- THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WE HAVE PROVIDED THE WEBSITE ON AN "AS IS" AND "AS AVAILABLE" AND “BEST EFFORTS” BASIS AND GRANT NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, DIRECT, INDIRECT STATUTORY OR OTHERWISE WITH RESPECT TO THE WEBSITE OR THE RESULT OF THE WEBSITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF CORRECTNESS, VALIDITY, ACCURACY APPROPRIATENESS, FITNESS, COMPATIBILITY FOR A PARTICULAR PURPOSE OR OUTCOME OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE USE OF THE WEBSITE WILL ALWAYS BE SECURED, UNINTERRUPTED, AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED OR RESULT IN THE DESIRED RESULTS. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY OF THE WEBSITE AT ALL TIMES AND THE RESULTS OF THE USE OF THE WEBSITE.
- Opinions, advice, statements, offers, or other information or content made available through the Website, but not directly by us, are those of the respective Website users, and should not necessarily be relied upon. Such users are solely responsible for such content. WE DO NOT
- GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE WEBSITE, OR
- ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN US
- From time to time, We may offer new features or tools which our Website users may experiment or experience. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at our sole discretion. The provisions of this Disclaimer of Warranty section shall apply with full force to such features and tools.
- We accept no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by you as a result of the Website.
Limitation of Liability
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE WEBSITE, RESULT OF USING THE WEBSITE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR RECOMMENDATION OF THE WEBSITE, LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LIQUIDATED OR PUNITIVE DAMAGES.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, LIQUIDATED, PUNITIVE ARISING OUT OF OR RELATING TO RECOMMENDATION OF THE WEBSITE, THE CONDUCT OF ANY WEBSITE USER OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, FINANCIAL LOSS AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER WEBSITE USERS OR AS A RESULT OF USING THE WEBSITE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF WEBSITE USERS WHO HAVE REGISTERED OR LOGGED-IN ON THE WEBSITE UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM OTHER USERS.
- You agree to indemnify, defend and hold harmless Tansh, affiliates, subsidiaries and parent/holding companies, and each of their officers, directors, employees, agents, consultants, partner sites and related third parties, from and against any and all losses, claims, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Website, including but not limited to
- any action arising from the content that you publish/post on the Website that infringes the intellectual property rights (e.g. copyright, trade secrets, trademark or patent) of any third party, or
- any content or communication that denigrates, libels or invades the privacy rights of any third party. We reserve the right, at our own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you will cooperate fully in asserting any available defences in such case.
- We may check Website user’s profiles strictly for verifying any unsuitable, objectionable or inappropriate content. However, we may not be able to verify the identity of any Website user or the accuracy of their content, nor can we guarantee that we will be able to identify all unsuitable, objectionable or inappropriate content. Please do not take any Website user content as fully true and/or complete. We will not be liable or responsible for any false and misleading content and information given by any Website user. If you have any concerns over any member content, please write to us on [•] with the details thereof.
- You hereby acknowledge and agree that you shall ensure that at all times your interaction with other Website users will always be lawful and appropriate and that you alone shall be responsible for all consequences thereof.
- We caution you that there may be risks of dealing with any Website user acting under a false pretense or with a criminal intent. We have no control as to what happens between Website users inter se once they decide to meet in person. Should you encounter any such meeting whereby the behaviour of the other member may be deemed inappropriate or harmful in any way to other members of the Website, you are requested to contact us with full details of such offending member and we may, if deemed appropriate and at our sole discretion, suspend or delete the offending Website user’sprofile.
- Survival: Termination or suspension of your Website account shall not affect those provisions hereof that by their nature are intended to survive such termination or suspension.
- Last updated on: 19-NOV-2019