TERMS AND CONDITIONS
This document is an electronic record in terms of Information Technology Act, 2000 and amendments and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name www.tarksystem.com (hereinafter referred to as “Website”) is owned by TarkSystems LLP (the “Company”), a company incorporated under the Companies Act, 1956 with its registered office at Pune.This is an agreement between the Company the owner and operator of www.tarksystems.in (“Website”/ “Site”) which includes services provided by them (also referred to as “Service” or “Services” in this document) and You, a user of this Website, and/or Services.
For the purpose of these Terms, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to access and use Website and/or Services. The term “We”, “Us”, “Our” shall mean TarkSystems LLP. The Agreement set forth the legally binding terms of your use of the Website and/or Services.
If you do not agree to any of these terms, then please do not use the Website and Services. By registering for or accessing or using the Website / Services, you (on behalf of yourself or the business you represent) agree to be bound by the following terms.
The term “misuse” shall mean and include all acts which are aimed at utilizing the website for any purposes other than for searching of genuine products. It shall also extend to the use of the website for commercial purposes without the express permission of the Company.
The term “offensive material” shall mean and include obscene material as defined in Section 67 of the Information Technology Act of India, 2000. It shall include content which is aimed at demeaning a particular class of individuals, corporate body, country etc. It shall also include content having the effect of violating the Intellectual Property Rights of others.
The terms “service” or “services” would mean and include the interactive online information service offered by website on the internet through which the user may access information carried by website. The term service does not extend to website acting as an agent/consultant either express or implied on behalf of any user/customer
The term “Spamming” shall mean and include any unsolicited bulk e-mails/messages or unsolicited commercial e-mails/messages.
The term “unauthorised user” is defined as any person who does not have a legal or a contractual right to access the services of website, but does so.
The terms ‘User’ and ‘customer’ would include both the authorised and browser/visitor(s)
Only persons ‘competent to contract’ as provided in the Indian Contract Act, 1872 are eligible to use this Website. However, parents or legal guardians may transact/order (if any) on behalf of minors i.e. persons below the age of 18 years. Company reserves the right to prevent any person from using the Website.
The use of the Website/ Services is also your consent to receive SMSes from us at any time We deem fit. This consent to be contacted is for purposes that include and are not limited to clarification and marketing and promotional purposes. In case you wish the communications to cease, kindly intimate us of the same via an email at email@example.com.
All the products and services offered on website and related Content displayed are the sole property of the Company.
Company does not warrant that product descriptions or other content on the Website is accurate, complete, reliable, current, or error-free. The images of the products or Services are indicative. They may not match with actual products or result of services at the time of final receipt by the customer. Hence for any queries/clarifications you are required to call at the below mentioned numbers in the contact details.
Company reserves the right, at any time, and at its sole discretion, to terminate your license to use the Website and to block and prevent your future access, without notice or explanation
You agree that Company shall be free to use or disseminate such information on an unrestricted basis for any purpose.
You acknowledge that your unauthorized use of any materials contained on this site may violate copyright laws, trademark laws, the laws of privacy and publicity, and certain communications statutes and regulations, and agree that your use of the site will comply with all applicable laws.
You acknowledge that you are responsible for the information that you submit, and you, not Company, have full responsibility for such information, including its legality, reliability, appropriateness, originality and copyright.
You agree not to submit or transmit any information which is false, malicious, misleading, obscene or which violates the rights of others.
Company reserves the right to monitor content on the site and remove any content at its sole discretion.
You agree to indemnify and hold Company harmless from and against any and all costs, expenses, and damage arising from your use of the site, or use under your password and account information.
You acknowledge that Company shall have the right to terminate the limited licenses contained in these terms in the event that you provide any false or misleading information.
PAYMENTS AND THIRD PARTY LINKS
For the purpose of transaction or payment the Company has provided payment gateway services of Zaakpay for its users. The facility for online payment(s) through credit card/ net banking account(s) is available for select credit cards and net banking account(s) only.
When making any online payment(s) through your credit card/ net banking account(s), you will be redirected to the Payment Gateway page. The Payment Gateway may redirect you to other website(s) maintained or controlled by third party(ies) (the “non-Tarksystems website(s)”). Tarksystems does not control the non-Tarksystems website(s) and is not responsible for any transactions on the non- Tarksystems website(s). Tarksystems is not responsible for, shall have no liability for and disclaims all warranties whatsoever expressed or implied related to the non-Tarksystems website, including without limitation any warranties related to performance, security, stability, or non-infringement of the title of the non-Tarksystems website(s) and website content or any controls downloaded from the non- Tarksystems website.
The Company shall not be responsible and/or liable in any manner for the online payment(s) made by you through your credit card/ net banking account(s). The Company shall not be liable if payment is refused or declined by the concerned Bank/ credit card or net banking account supplier either due to incorrect card details or other reasons. The Company shall not be responsible for authentication of your credit card/ net banking account details.
The Company shall not be responsible for any issues pertaining to the online payment(s) made by You through Your credit card/ net banking account(s) including but not limited to, excess charges charged by the Bank/ credit card or net banking account supplier, double debit to the credit card account, invalid card details, authentication of card details and ancillary/ incidental charges for the transaction. You are requested to communicate all grievances related to such issues to Your Bank/ credit card or net banking account supplier. The Company helpline will not entertain or address any such grievances or issues.
If the Bank/ credit card or net banking account supplier declines payment, the Company shall be under no obligation to bring this fact to your attention. You should check with your Bank/ credit card or net banking account supplier, that payment has been deducted from your account.
You agree, understand and confirm that the credit card/ net banking account details provided by You for availing of services will be correct and accurate and You shall not use the credit card/net banking account which is not lawfully owned by You.
You understand, declare and agree that the Company shall not and is not required to mediate or resolve any dispute or disagreement between You and the Bank/ credit card or net banking account supplier.
The Company shall not be liable for any payment(s) not reaching the intended registered account due to your quoting incorrect information.
The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
DISCLAIMER OF WARRANTY
Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, the materials on TarkSystems are provided “as is” and all conditions, representations and warranties, whether expressly implied, statutory or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed.
TarkSystems, for itself and each of the third party providers, makes no representations, warranties, or guarantees as to the quality, suitability, fitness for a particular purpose, truth, accuracy, or completeness of any of the materials contained or companies represented on the site. Any questions regarding the materials should be directed to the third party providers of such materials.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, TarkSystems shall not be liable for any damages suffered as a result of using, modifying, contributing, copying, distributing or downloading the materials or for engaging in any business transactions with third party providers found on this site.
In no event shall TarkSystems be liable for any indirect, extraordinary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use or other economic advantage) however arising, whether for breach or in tort, even if Company has been previously advised of the possibility of such damage.
You agree that you have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the site and will not make a claim of any nature against Company for lost data, time, inaccurate output, work delays or lost profits resulting from the use of the site or its materials.
You agree to hold Company entirely harmless from and you covenant not to sue Company or its affiliates, successors or assigns for any claims related to this site.
The Company and/or the Payment Service Providers shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b)the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission,non‐performance or interruption in any such data, information or message. Under no circumstances shall the Company and/or the Payment Service Providers, its employees, directors, and its third party agents involved in processing, delivering or managing the Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Services.
The Company and the Payment Service Provider(s) assume no liability whatsoever for any monetary or other damage suffered by the User on account of:
the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Payment Gateway or Services in connection there to;and/ or any interruption or errors in the operation of the Payment Gateway.
The User shall indemnify and hold harmless the Payment Service Provider(s) and the Company and their respective officers, directors, agents, and employees, from any claim or demand, or actions arising out of or in connection with the utilization of the Services.
The User agrees that the Company or any of its employees will not be held liable by the User for any loss or damages arising from your use of, or reliance upon the information contained on the Website, or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond the Company’s reasonable control.
The Terms and the relationship between you and Company shall be governed by the laws of India. You and Company agree to submit to the exclusive jurisdiction of the courts of Pune, India
You acknowledge and agree that materials may be subject to the Indian Information Technology Act 2000 and amendments and other subordinating Regulations, and that diversion of such materials contrary to Indian law is prohibited.
You acknowledge and agree that this site may include certain inaccuracies or typographical errors which may affect the quality of the materials. In addition, you agree that Company may make improvements and/or changes in the products, services, programs, and prices described in this site, if any, at any time without notice, and further agree that Company can revise these terms at any time without notice by updating this posting. You agree that your continued use of the site constitutes your acceptance of such revised terms.
Any action related to these terms will be governed by Indian Law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in Pune, in the State of Maharashtra, for the resolution of all disputes arising from or related to these terms and/or your use of the site.
If any provision of these terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect.
COPYRIGHTS AND NOTIFICATION OF CLAIMS OF INFRINGEMENT
Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and posted on this site in a way that constitutes copyright infringement, please contact us immediately at the address below:
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.