1.1 These terms and conditions are an electronic record in terms of Information Technology Act 2000 and the corresponding rules 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.
1.3 This domain name i.e. www.Toothmountainnursery.com is operated by Tooth Mountain Nursery with its registered office at 31 N, Laxmi Industrial Estate, New Link Road, Andheri West, Mumbai 400 056.
- Your Obligations
2.1 In these Terms and Conditions, and in the context of a registered user and otherwise or where the context so requires, the term “you” or “User” shall mean any natural or legal person who has agreed to become a member of the Website by providing registration data while registering on the Website using the computer systems of the Website; has accepted the Terms and Conditions contained in this electronic record and has allocated himself a unique identification user name or “User ID” and “Password”. A User may, subject to these Terms and Conditions, surf the Website or make purchases without registering on the Website. The term “we”, “us”, “our” and grammatical variants thereof shall mean Tooth Mountain Nursery.
2.2 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 these Terms and Conditions and shall be deemed to be read with and as part of these Terms and Conditions. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time without any prior written notice to you and consequently you agree to review these Terms and Conditions periodically and/or prior to each online purchase. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of the Website which will override these Terms and Conditions to that extent only. In that event, the other Terms and Conditions herein shall remain in full force. If you do not wish to accept any such expressly designated legal notices and conditions, you should not continue to use the Website. As long as you comply with these Terms and Conditions, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
2.3 You agree that in no event shall TMN be liable for any loss or damage whether direct, indirect, incidental, special or consequential arising out of or in any way connected with the use of the Website or the products or goods or services or for the delay or inability to use the Website, or for any information, products, goods and services obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract or strict liability or any other law or equity or otherwise.
2.4 You acknowledge and agree that the products, goods, and services offered through the Website are faith-based products, goods and services and you further acknowledge and agree that we cannot assure, provide or guarantee any anticipated outcome or benefit from such faith-based products, goods or services, nor shall we be liable for any loss or damage whether direct, indirect, incidental, special or consequential arising out of or in any way connected with the purchase of such product, goods and services.
3.1 When you register as a new registered user, these Terms and Conditions shall be effective and binding upon your ‘acceptance’. Acceptance shall mean your affirmative action in filling your registration data as provided on the registration page. If you do not accept these Terms and Conditions, do not fill up your registration data.
3.2 You recognize that your registered data is for the purpose of processing your online purchase order and for providing services that may be offered by TMN from time to time. You authorize TMN to retain such data and to use such data as may be required to provide such services. You acknowledge that TMN may contact you via email or other means for your order or changes or alterations to the order or for promotional purposes. You further acknowledge that if you register for the TMN newsletter we may send you periodical updates and information relating to products and services.
3.3 You are responsible for maintaining the confidentiality of your User ID and Password and for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your User ID and Password.
3.4 You agree to provide accurate, true and complete updated information about yourself as requested at the time of registration and subsequently whenever requested. Should you provide any data or information which we has reason to believe to be false, inaccurate or incomplete, we shall have the right to terminate or suspend your account/membership and deny you access to the Website and block your IP address.
3.5 You warrant and agree that, while using the Website and the various services and features offered on or through the Website, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Website’s content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Website. You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Website or the services offered on or through the Website, including without limitation any information residing on any server or database connected to the Website or the services offered on or through the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, or impair the Website or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with any communication; (iv) use the Website or the Website’s services or features in violation of TMN’s or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Website or the Website’s services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website or the Website’s services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.
- Eligibility to Contract
4.1 You shall use the Website only if you are competent to enter into a legally binding contract under the provisions of the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors i.e. under the age of 18 years are not eligible to use the Website.
4.2 If you are a minor and wish to purchase a product, good or service through the Website, you may do so through your legal guardian or parents who have registered themselves as registered users of the Website. Your membership may be terminated and/or you may be refused access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.
4.3 We reserve the right to charge subscription and/or membership fees in respect of any part, aspect of this Website upon reasonable prior notice.
- Placing of Order and Payment
5.1 You accept that upon ordering a product, good or service online from the Website you are deemed to have placed an order with TMN for purchase of the specified product, good or service. You can purchase products, goods or services through the Website either through your membership account or as a guest user and all online payments will be accepted only through valid and authorized credit/debit cards or net banking. The Website secure server software (SSL) technology will encrypt all registered data, including your name, address, credit card/debit card/net banking details and telephone numbers and ensure safety in the online transactions you make on the Website.
5.2 During the process of purchase on the Website, you will be appropriately guided through various stages from choosing a product, good or service to confirmation of your payment and selected product, good or service. A maximum retail price is displayed in relation to each product, good or service on the Website and is inclusive of all applicable taxes at the current rates and is correct at the time of entering the information into the system but does not include the charges attributable towards delivery of the products, goods or services and any applicable local or municipal taxes/ duties or third party insurance
5.3 Tooth Mountain Nursery, at its sole discretion, may refuse to process a transaction for any reason or refuse service to anyone at any time. TMN shall not be liable to you or any third party by reason of it withdrawing any product, good or service from the Website whether or not that product, good or service has been sold.
5.4 Please do not transact if you do not agree with any of the following terms and conditions:
- All prices of the merchandise are in Indian Rupees and are not inclusive of applicable delivery charges.
- Please note that the Terms and Conditions and prices are subject to change without notice. TMN requires the entire price to be paid in advance.
- The description of the merchandise on the Website may vary from the actual service provided.
- For credit card or debit card payments, the user will be directed to the payment gateway of Razorpay on the website of www.razorpay.com (Razorpay Website).
- The user will be requested to furnish its personal and payment details including true and complete name, billing address, credit card/debit card number and bank details in the required fields on the Razorpay Website. Please note that TMN does not undertake any responsibility for the information furnished by the user on the Razorpay Website and the user will be subject to separate terms and conditions on the Razorpay Website with respect to the payment.
- Once payment has been processed to Razorpay, the order request will be placed with TMN. All orders for which payment has been made are subject to approval by TMN. Once orders are confirmed by the user, such orders cannot be cancelled and there will be no refund of money.
- The user acknowledges and agrees that TMN will process the order only after realization of payment.
- All complaints regarding the processing of payment should be directed to Razorpay at contact@ razorpay.com.
- It could take up to 10 days for processing the delivery of the merchandize. TMN shall reasonable efforts to fulfill the user order upon realization of payment, it is understood and agreed by the user that due to technical or any other reasons, it may not be possible for TMN to fulfill the user order even after receipt of the payment. TMN will not be liable for any additional loss or damage arising out of such a delay and shall only be responsible for refund of the payment made by the user if the ordered merchandize is not available.
- Orders once placed will not be cancelled or transferred. Once the user makes the payment on the Website, no refund/cancellation will be made.
- Even after placing of the order by you, TMN may at its sole discretion, refuse, restrict, suspend or terminate the order if there is any default in payment. A payment default means that the credit card company denies the charge to the user’s credit card account or that the cheque or demand draft sent is not honored by the issuing bank.
- Delivery of the purchased merchandize are undertaken through Bombino Express Private Limited. TMN’s liability shall at all times shall be limited to the amount paid for the merchandize. In case of queries or comments or complaints, please contact us at firstname.lastname@example.org
- The violation of the Terms and Conditions will result in cancellation of services and no refund will be made to the user.
- Product, Goods and Service Description
6.1 Each product, good or service available on the Website for purchase is sold subject to the product, good or service description. You acknowledge that images provide against a product, good or service are only illustrative and the actual product, good or service may vary from the illustration. Reasonable care is taken by us to ensure the details, descriptions and prices displayed on the Website are correct at the time when the relevant information was entered into the system. Whilst the Website regularly updated, information including description, appearing on the Website at a particular time may vary at the time you place an order.
6.2 TMN reserves the right to withdraw any product, good or service from the Website at any time and/or remove or edit any materials/pages or content on the Website.
7.1 You agree that your use of the Website for any purpose such as, but not limited to, sending communication via email or otherwise, information or data, constitutes communication with TMN via electronic records and you consent to receive communication via electronic records from TMN periodically or as and when required. You accept that communication by TMN through courier, post or electronic means constitutes proper service of notice or electronic records.
7.2 You agree to not use the Website to upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, religiously, racially, ethnically or otherwise objectionable.
- Intellectual Property
8.1 Unless otherwise stated, copyright and all intellectual property rights in all material presented on the site (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on the Website are the property of TMN, its parent, affiliates and associates and are protected under applicable Indian laws. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law. Any illegal or unauthorized usage of the trademark or any other mark which may be deceptively similar to the trademark or any other intellectual property owned by us shall be proceeded against in accordance with the law and such legal action may entail criminal and/or civil proceedings in the competent courts. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Website without the written permission of TMN. Misuse of the trademarks displayed on the Website is strictly prohibited.
8.2 TMN is the owner of the copyright in the content and software of the Website and all printed material and any infringement and/or unauthorized use shall be proceeded against in accordance with the law. As between you and TMN, TMN owns, solely and exclusively, all rights, title and interest in and to the Website, all the content, code, data and materials thereon, the look and feel, design and organization of the Website, and the compilation of the content, code, data and materials on the Website, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein, excluding third party content. Your use of the Website does not grant to you ownership of any content, code, data or materials you may access on or through the Website.
8.3 No part of the Website may be reproduced or transmitted to or stored in any other website, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission. Requests to republish TMN material for distribution should be addressed to TMN at E-Mail – email@example.com.
- User Information
- Restrictions on use
10.1 Any commercial or promotional distribution, publishing or exploitation of the Website, or any content, code, data or materials on the Website, is strictly prohibited unless you have received the express prior written permission from authorized personnel of TMN or the otherwise applicable rights holder. Other than as expressly allowed herein, you shall not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Website.
10.2 You further agree that you shall not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Website, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Website. If you make other use of the Website, or the content, code, data or materials thereon or available through the Website, except as otherwise provided above, you may violate copyright and other laws of India, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
- Monitoring of Website
TMN reserves the right, but does not have an obligation, to monitor and review all materials posted to the Website. TMN reserves the right to disclose any information as may be necessary pursuant to any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion may be objectionable or in violation of these Terms and Conditions, our policies or applicable law.
- Linking to the Website
You are not permitted to link from any other web site to this Website in any manner. Further, you are not permitted to link directly to any image hosted on the Website or our products, goods or services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on this Website on another web site, for any purpose, including, without limitation, posting such images on another site.
- Disclaimer of Warranties and Liability
13.1 This Website, all the products, goods and services, included on or otherwise made available to you through this Website are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, TMN does not warrant that:
- This Website will be constantly available, or available at all; or
- The information on this Website is complete, true, accurate or non-misleading.
13.2 TMN will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website. TMN does not warrant that this Website; information, content, materials, products, goods or services included on or otherwise made available to you through the Website; their servers; or electronic communication sent from us are free of viruses or other harmful components.
13.3 Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the products, goods and services sold on Website are governed by different state laws and if we are unable to deliver such products, goods and services due to implications of different state laws, we will return or will give credit for the amount (if any) received in advance.
13.4 You will be required to enter a valid phone number while placing an order on the Website. By registering your phone number with us, you consent to be contacted by us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
13.5 TMN and its parent, affiliates and associates shall not be liable, at any time for damages (including, without limitation, damages for loss of business projects, or loss of profits) arising in contract, tort or otherwise from the use of or inability to use the Website, or any of its contents, or from any act or omissions a result of using the Website or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the site. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation.
13.6 Certain links on the Website lead to resources located on servers maintained by third parties over whom TMN has no control or connection, business or otherwise as these sites are external to TMN you agree and understand that by visiting such sites you are beyond the Website. TMN neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these sites.
- Advertising Material
Part of the Website contains advertising/other material submitted to TMN by third parties. Responsibility for ensuring that material submitted for inclusion on the Website complies with applicable International and National law is exclusively on the advertisers and TMN will not be responsible for any claim, error, omission or inaccuracy in advertising material. TMN reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Website will be subject to TMN terms and conditions which are available on request.
You agree that all testimonials posted on the Website, are posted in good faith and TMN shall not in, in any manner be, responsible to compensate you, in any form, whatsoever.
- Entire Agreement
The Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
If any clause (or part of a clause) of the Terms and Conditions are found by any court or authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall continue to subsist and remain in force.
- Dispute Resolution
The Terms and Conditions, and the relationship between you and us, shall be governed by the laws of India, without regard to conflict of law provisions. Any dispute relating to any of these Terms and Conditions or any transaction of purchase conducted by you though the Website or any suit or other proceedings by or against TMN shall be submitted to the courts at Mumbai, which will have exclusive jurisdiction over such matters.