Terms of service

Tansa Enterprises is the creator, owner and publisher of the website and application under the name of style of Tansa (hereinafter referred to as “Online Platform” or “Platform”). The Company owns and operates the services provided through its Online Platform, which may be modified, deleted, updated (temporarily or permanently) from time to time at the discretion of the Company.

These terms of use (“Terms”), including the various policies incorporated by reference in these Terms, govern your access to and use of this website and the underlying services provided by us through the website, including our SMS, APIs, email notifications, ads, commerce services, and our other covered services that may link to these Terms (collectively, the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on or as a part of the Services (collectively referred to as “Content”). Your access to and use of the Services, however accessed, constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between You and the Company. When You use any of the Services provided by Us through the Website, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such Service, and they shall be deemed to be incorporated into and shall apply in addition to these Terms. If you transact on our website, you shall be subject to the policies that are applicable for such transaction.

Please read the Terms and Conditions set out herein carefully and in their entirety. Please also acknowledge the Privacy Policy which may be separately set out on the Online Platform. The Privacy Policy shall constitute a part of these Terms and Conditions. Terms and Conditions together with the Privacy Policy is hereinafter collectively referred to as the Terms.

If you do not agree to be bound by all the Terms set forth herein, you are not authorized to use or access the services of the Online Platform. These Terms constitute an agreement between the Tansa and you in connection with your use of the Online Platform, as defined below. If you have any questions regarding our services, you can email us at tansaproducts@gmail.com.

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of this Website (“Platform”).

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. It is your responsibility to review these Terms periodically for updates / changes. Your continued use of the website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to access and use the services.

In the event a special feature with its own terms and conditions is offered, the same shall apply in addition to these terms. In case of a conflict of the terms and conditions of such special feature with these terms, the terms specific to the special feature shall prevail.

1.0 IN THESE TERMS, UNLESS THE CONTEXT OTHERWISE REQUIRES, REFERENCES TO:

1.1 “Buyer”, shall mean a User who has agreed to become a buyer by using the Services to place an order for Samples or Products;

1.2 “Products” shall mean products listed on the website by Brand Owners as a part of the Services, for purchase by Buyers or goods available for purchase on the Website;

1.3 "Brand Owners" shall mean manufacturers or entities whose products are produced by them and procured by Tansa for listing, sale, or delivery on the website.

1.4 “We”, “we”, “Us”, “us” or “Tansa”, shall mean Tansa Enterprises, its affiliates, permitted assigns and partners, and the terms “Our” and “our” shall be construed accordingly; and

1.5 “You”, “you”, “User” or “user”, shall mean any natural or legal person who has agreed to become an end user by accessing the Contents of the website, or using the website or the Services offered through the website, by providing some personal information (more particularly described in the Privacy Policy and including but not limited to your name, address, mobile phone number and email while registering on the website (“Registration Data”), and the terms “Your” and “your” shall be construed accordingly.

2.0 APPLICABILITY OF TERMS:

2.1 By accessing and/or using all or a portion of the Services, You acknowledge and agree that:

2.1.1 You have read and understood the Terms;

2.1.2 The provisions, disclosures and disclaimers set forth in the Terms are fair and reasonable;

2.1.3 Your agreement to follow and be bound by these terms and conditions is voluntary and not the result of fraud, duress or undue influence exercised upon You by any person or entity;

2.1.4 Written approval is not a prerequisite to the validity or enforceability of the Terms.

3.0 MODIFICATION OF TERMS

3.1 The Services and the Terms may be amended or deleted from time to time, at the sole discretion of the Company. The Terms, including the Privacy Policy, will apply to your use of the Platform, as well as to all information provided by You on the Platform at any given point in time. The Company reserves the right to modify the Terms from time to time.

Such changes shall be notified on the Platform. You are advised to read the Terms regularly. You acknowledge and agree that it is your responsibility to review the Terms periodically to familiarize yourself with any modifications. Your continued use of the Online Platform following any such modification constitutes your agreement to follow and be bound by the Terms so modified.

3.2 If you do not agree to any changes in the Terms as they may occur, your continued right to access and use the Platform and/or the Services shall immediately terminate, and you agree that you shall discontinue your use of the Services. You agree that the Company is not liable to you or to any third party for any modification of the Terms or termination of your access to the Services except as specifically set forth herein.

3.3 These Terms allows the Company to access Registered Users’ contact information, including but not limited to email address and phone number for communication purposes so as to provide you with the Services and/or to obtain feedback, comments, suggestions, opinions, reviews in relation to your use of the Platform, the Services.

4.0 CONDITIONS OF USE

4.1 You must be 18 years of age or older to access or avail the Services in any manner. By signing in to the Online Platform, accessing and/or using all or any part of the Services, you represent and warrant to the Company that you are 18 years of age or older, and that you have the legal right, authority and capacity to use all or part of the Services available through the Platform, and agree to and abide by the Terms.

4.2 Whilst the Services are not intended to be used by minors, the Company respects and recognizes the privacy of minors who may inadvertently use our Platform. It is strongly recommended that parents and guardians use parental control tools to help protect minors from any offences, harm or breach of privacy and supervise the use of the Platform by minors.

4.3 The Services are provided to you only for your personal, non-commercial use. You shall not resell the products ordered from the Platform.

4.4 You understand and acknowledge that the Platform and its Services are to be accessed by you on your own behalf or for your own personal use only. You shall not register on the Platform or use its Services on behalf of any third party or entity, nor shall you allow a third party or entity to use the Platform and its Services on your behalf.

4.5 The Company offers you a non-transferable, non-exclusive, limited right to access the Platform, use the Services provided on this Platform, provided that you comply with the Terms as set out in full. You acknowledge and agree that any authority or permission granted to you by the Company to use and access the Services and the Platform, including but not limited to access links, SMS notifications, OTPs, email address, QR codes, shall be used and accessed by you only. You acknowledge that the Company shall not be liable for any loss, cost, expense or damage incurred by you as a result of you accessing the platform and utilizing its services via access links, SMS notifications, OTPs, email address, QR codes etc. which have not been delivered to you personally by the Company.

4.6 If you are using the Platform and/ or our services, on and behalf of a company/ corporation/ business entity, You represents and warrant that the Use of our Services/ Platform and the consummation of the transactions in our Platform have been duly authorized by all necessary action of the respective entity and that the person using our Platform on its behalf has the full capacity to bind that entity.

4.7 You agree that the access you have been granted prohibits you from using the Services for any illegal or unauthorized purpose. You will make every reasonable effort to prevent unauthorized third parties from accessing the Platform and the Services. You will make every reasonable effort to protect your device and account from a security breach, including but not limited to hacking, phishing etc. You represent and warrant that you will not breach the security of the Platform or its Software or attempt to gain unauthorized access to or interfere with any other person's use of the Services.

4.8 For the purpose of the Terms, "Software" means (i) the server, platform and application software hosted by or on behalf of the Company, underlying and used to deliver the Services, (ii) all server, platform and application software of third parties used to host, support or connect the software referred to in subsection (i) and accessible by you as part of the Services, and (iii) all underlying algorithms, user interfaces and network and database designs and schemas, architecture, class libraries and objects, the unique expressions of the selection, organization and presentation of user-visible functions, all updates, upgrades, patches, maintenance releases and bug fixes and all documentation relating to any of the foregoing.

5.0 REGISTRATION

5.1 To fully avail the Services of the Website, registration is required. You are required to create a profile for Yourself by providing the following information which inter alia includes Name, email, mobile number, address, etc. Users who register with us can purchase the listed Products and avail the Services of the Website.

5.2 Information collected about you is subject to our Privacy Policy, which is incorporated in these Terms of Use by reference. Further, at any time during Your use of this Website, including but not limited to the time of registration, you are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account.

5.3 By using this Website and providing your contact information to us through the Website, you hereby agree and consent to receiving calls, autodialled and/or pre-recorded message calls, e-mails and SMSs from us and/or any of its affiliates or partners at any time, subject to the Policy. In the event that you wish to stop receiving any such marketing or promotional calls / email messages / text messages, you may send an e-mail to the effect to tansaproducts@gmail.com. You agree and acknowledge that it may take up to fifteen (15) business days for us to give effect to such a request by the you.

6.0 LIMITED USE

6.1 The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained through the Platform. Limited reproduction and copying of the Content are permitted provided that Tansa name is stated as the source and prior written permission of Tansa is sought. For the removal of any doubt, it is clarified that unlimited or complete reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the website is not permitted.

6.2 Throughout these Terms, Tansa prior written consent means a communication issued by Tansa legal department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization.

7.0 DISCLAIMERS

7.1 You shall store and use all products in accordance with usual and reasonable standards of storage and use of such products and in accordance with the instructions on their packaging or instructions received from the Company and/or brand that manufactures and sells that product, if any.

7.2 You acknowledge and agree that Product is ordered by you at your own risk. The Company has no knowledge of your medical or health conditions that would make the Products unsuitable for your use and consumption. You shall assume all responsibility for such use. The Company shall in no manner be liable for any allergies, medical conditions, risk to life or limb as a result of your use and consumption of Products

7.3 You acknowledge and agree that the contents of Products not manufactured by Tansa in its own name, and Tansa does not have any rights or title to such contents, even if packed and labeled under Tansa's brand, except for the right to market and deliver the same to you. However, for Products created or manufactured by Tansa, Tansa retains all rights and ownership of those contents.

7.4 You agree and acknowledge that Tansa is not the manufacturer of all Products listed on this Website. The Website shall not be deemed the manufacturer of Products supplied by third-party manufacturers. In case of any dispute regarding these contents, including but not limited to their quality, quantity, appearance, size, taste, or usage, you shall direct such disputes to the Brand Owners.

7.5 While the Company endeavors to include only quality products, the Company gives no warranty of fitness for the purpose of any of the products. This disclaimer of warranty shall particularly apply to taste, color, appearance, size, quantity or suitability for a particular purpose of such contents.

7.6 You understand and acknowledge that the Products as displayed on the Platform, including any graphical representations of its packaging, color, design, use, appearance, quantity, size, and illustrations are indicative only and may differ from the actual items received.

7.7 The material on this site is provided for general informational purposes only. It should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete, or up-to-date sources of information. We do not guarantee that the information provided is error-free, complete, or current. Any reliance you place on the material on this site is strictly at your own risk

7.8 The Services are provided on an "as is," "as available" basis. The Company makes no representations or warranties of any kind with respect to the Services provided by the Company. The Company assumes no liability or responsibility for any errors or omissions in providing the Services or any losses or damages arising from the use of the Services.

7.9 The Company expressly disclaims all representations and warranties relating to the Services, including but not limited to, warranties of merchantability, fitness for a particular purpose, quality, accuracy, authenticity, title and non-infringement, that the Services will function without interruption or errors in functioning, that there will not be disturbances related to internet service providers, cellular service providers, and cellular network operators or saturation of the internet network and for any other reason, that any update will continue to be made available, that defects in the Services will be corrected, or that the Services will be compatible or work with any third-party software, applications or third party services. The operation of the Services may be interrupted due to maintenance, updates, or system or network failures. The Company disclaims all liability for damages caused by any such interruption or errors in functioning.

7.10 The Company disclaims all liability and responsibility with respect to your use of the Platform and the Services, including but not limited to your use of third-party payment gateways, exposure of content to minors, security of devices used to access the Platform.

7.11 The Company takes all reasonable efforts to ensure that your use of the Platform is safe and is in line with safety and security practices for digital platforms. However, the Company in no way assumes responsibility for data safety and security practices and standards of any third-party service provider embedded in the Platform.

7.12 Tansa disclaims all representations and warranties including but not limited with respect to accuracy, completeness, correctness, reliability, truthfulness, relevance of description of the products, other content or information, feedback, opinions, reviews, suggestions, recommendations that may be displayed on the Platform.

7.13 The maps utilized on this website are intended solely for general illustration purposes and should not be relied upon for reference or navigation.

8.0 YOUR OBLIGATIONS

8.1 You agree and undertake that you are accessing the Website and transacting at your sole risk and are that you are using your best and prudent judgment before purchasing any Product listed on the Website or accessing/using any information displayed thereon.

8.2 You agree that they are solely responsible to us and to any third party for any breach of Your obligations under the Terms of Use and for the consequences including any loss or damage which we or our affiliates may suffer for any such breach.

8.3 You agree and acknowledge that Tansa is not the manufacturer of all Products listed on this Website. The Website shall not be deemed the manufacturer of Products supplied by third-party manufacturers. In case of any dispute regarding these contents, including but not limited to their quality, quantity, appearance, size, taste, or usage, you shall direct such disputes to the Brand Owners. Alternatively, you may contact us at tansaproducts@gmail.com.

8.4 You agree that we may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.

8.5 You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/debit card, which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card.

8.6 You agree to use the Website and the Products provided therein only for purposes that are permitted by: (a) the Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

8.7 You agree to show a valid proof of ID and ID number in order to collect the goods delivered by the logistics partner.

8.8 You agree and understand that all items purchased from the Website are made pursuant to a shipment contract which means that the risk of loss and title for such items passed to you upon our delivery to the carrier.

8.9 You agree that prices for products and services are displayed on the Website and are subject to change without notice. All payments are processed securely through third-party payment processors, and we are not responsible for any errors or delays in processing your payment.

9.0 REVIEWS, FEEDBACK AND DATA RETENTION

9.1 You may be invited by the Company to submit feedback, ratings, suggestions, comments, opinions or reviews on the Platform relating to the Product purchased by you. It is up to your discretion for to submit the same.

9.2 You are solely responsible for the information and content that you choose to submit to the Company on the Platform, including but not limited to the feedback, ratings, suggestions, comments, opinions or reviews relating to Products purchased by you. You agree not to post or publish any content on the Online Platform that amounts to:

9.2.1 An infringement of any Company or third-party intellectual property or privacy rights.

9.2.2 A violation of applicable laws or regulations, including but not limited to the relevant rules under Information technology Act, 2000.

9.2.3 Defamation.

9.3 The Company may choose, in its sole discretion, to use, analyze, and/or publish your reviews, ratings, opinion, comments and feedback in accordance with these Terms. You agree to be contacted by the Company via telephonic or electronic communication for the purposes of obtaining feedback in relation to the Products purchased, dispute resolution, complaint resolution, any further information. The information or content provided by you may be used by the Company for business purposes, including but not limited to market research, consumer behaviors and profiling, data analytics, tracking market trends on an anonymized basis.

9.4 The Company is deemed to be a mere “intermediary” as defined under the applicable laws with respect to publishing of any information and content on the Platform and disclaims all responsibility and liability with respect to publishing of your information and content. The Company is not liable to pay any consideration to you for republishing or repeatedly publishing any information or content provided by you on Platform.

9.5 The Company may retain such information and content provide by you on the Platform for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the Sensitive Personal Information Rules.

9.6 We have no obligation to monitor the materials posted on the Website. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, you remain solely responsible for the content of the materials you post on the website. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content Which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.

10.0 INTELLECTUAL PROPERTY RIGHTS

10.1 The Services and all processes, content including but not limited to any feedback, ratings, suggestions, comments or reviews relating to the products or use of Services provided by the Company, software, market data, research and analyses, consumer insights, and methodologies, anonymized consumer profiling data, know-how, packaging, appearance, style, designs, and trade secrets used by the Company in creating and performing the Services and operating the Platform as well as any related Intellectual Property rights throughout the world and all modifications thereto and derivative works thereof developed solely by the Company, or by or with the input of another party (the "Company Intellectual Property") are protected by Indian copyright laws and other intellectual property laws. They belong exclusively to the Company and may not be used or reproduced by you without the express written permission of the Company.

10.2 The Company hereby reserves any and all rights in the Company Intellectual Property. You agree that, you will not: (a) alter, modify, adapt, reverse engineer, decompile, disassemble the products or services or hack the software, or create derivative works from the Company Intellectual Property; (b) license, share, resell, sell, or otherwise transfer the Company Intellectual Property or access to such Company Intellectual Property to any third party; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Company Intellectual Property; (d) remove or alter any copyright or trademark notices or other notices included in the Company Intellectual Property;

10.3 Your use of the Platform and the Services does not include an authority to resell or commercially use the Platform, the Services and Tansa or its contents, product listings, description, packaging (including but not limited to size, design, color, pattern), prices, images, texts, page layout, illustrations for the benefit of another merchant, including but not limited to by way of data mining, robot applications or data gathering and extraction tools. No part of the Services and no part of Platform and its content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any digital platform or any other computer, server, application, website or other medium for publication or distribution or for any commercial enterprise, without Tansa express prior written consent.

11. INDEMNIFICATION

11.1 You agree to indemnify and hold harmless the Company and its officers, directors, employees and agents from any charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys' fees and expert fees) due to, arising out of or relating in any way to any violation by you of the Terms, including but not limited to obligations stated therein relating to representation, warranty, intellectual property, access by minors, any applicable rule, regulation or law, your access or use of the Services and the Platform.

12.0 FORCE MAJEURE

12.1 The Company will not be responsible for a breach of the Terms, damages, losses, costs or expenses, caused by any failure or delay of performance of Services and disruption to the Platform if such failure or delay is caused by an act of war, floods, fires, inclement weather conditions, hostility, or sabotage, an act of God, pandemics, lockdowns, Labour stoppages, an electrical, internet, cellular network or telecommunication failure or power outage, government restrictions, political strikes or another event outside the reasonable control of the Company.

13.0 INVALIDITY

13.1 If any provision of the Terms is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.

14.0 SEVERABILITY

14.1 In the event any provision of the Terms become void or unenforceable, it shall not affect the validity of these Terms as a whole, and the unenforceable provisions shall be severed and the remainder of the provisions of these Terms shall continue in full force and effect.

14.2 To the maximum extent permitted by applicable law, the Tansa shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any content obtained from the services; or (iv) unauthorised access, use or alteration of your transmissions or content.

14.3 In no event shall the aggregate liability of Tansa exceed the amount you paid Tansa for the products giving rise to the claim.

14.4 In no event shall the aggregate liability of Tansa exceed INR 1,00,000 (or any other agreed-upon amount) for all claims in total.

14.5 The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, or tort (including negligence) or otherwise, and whether or not Tansa has been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

14.6 the limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not the Tansa have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

14.7 Nothing on the website constitutes, or is meant to constitute, advice of any kind. All the Products sold through the Platform are governed by different state laws and if the Brand Owner or Tansa is unable to deliver such Products due to implications of different state laws, the Brand Owner will return or will give credit for the amount (if any) received in advance by Brand Owner from the sale of such Product that could not be delivered to you.

15.0 GOVERNING LAW AND JURISDICTION

15.1 These Terms shall be governed and interpreted by and construed in accordance with the substantive [Governing Law] and subject to arbitration provisions below, each party hereby irrevocably and finally submits to the exclusive jurisdiction of the courts of Solapur, India thereto in respect of any disputes, legal action or proceedings arising out of or in connection with the Terms, interpretation, duties, performance, breach, etc. of these Terms.

15.2 Should any Dispute arise out of or in connection with these Terms, the Parties hereto shall first endeavour to settle such Dispute amicably. If the Dispute is not resolved through amicable settlement within fifteen (15) days after commencement of discussions or such longer period as the Parties mutually agree in writing, then either Party may refer the Dispute for resolution by arbitration according to the provisions of the Arbitration and Conciliation Act, 1996 (India) or any statutory amendment or re-enactment thereof, or any statute enacted to replace the same, for the time being in force. The arbitration shall be conducted by a sole arbitrator appointed by mutual consent of the parties. The seat and venue of arbitration shall be in Solapur, India, and the language of the proceedings shall be English.

15.3 The Award rendered in any arbitration commenced hereunder shall be final and conclusive, and judgment thereon may be entered in any court having jurisdiction for its enforcement. The Parties undertake to implement the arbitration award. In addition, the Parties agree that no Party shall have any right to commence or maintain a suit or legal proceeding concerning a Dispute hereunder (other than for preventive or interlocutory relief pending completion of the arbitration proceedings under these Terms) until the Dispute has been determined in accordance with the arbitration procedure provided for herein and then only for the enforcement of the award rendered in such arbitration. When any Dispute is under arbitration, except for the matters under dispute, the Parties shall continue to exercise their remaining respective rights and fulfil their remaining respective obligations under these Terms.

16. GENERAL

16.1 The Company's failure to exercise or enforce any right or provision of the Terms shall not be deemed to be a waiver of such right or provision. The Company is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control.

16.2 The Terms contain the entire agreement between the you and the Company and supersedes all prior agreements between the Parties regarding the subject matter contained herein, except as otherwise specifically noted herein.

16.3 In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services or use of the Platform.

16.4 You may not assign or delegate any rights or obligations under the Terms. Any purported assignment and delegation shall be ineffective. The Company may freely assign or delegate all rights and obligations under the Terms, fully or partially, without notice to you

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Terms of service