Privacy
We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at www.tmguru.in/privacy. If You object to Your Information being transferred or used in this way please do not use Website.
We and our affiliates may share / sell / transfer / license / convey some or all of your personal information with another business entity should we (or our assets) plan to merge with or are acquired by that business entity, or re-organization, amalgamation, restructuring of business or for any other reason whatsoever. Should such a transaction or situation occur, the other business entity or the new combined entity will be required to follow the privacy policy with respect to your personal information. Once you provide your information to us, you provide such information to us and our affiliate and we and our affiliate may use such information to provide you various services with respect to your transaction whether such transaction are conducted on www.tmguru.in, or any of our network sites (including but not limited to www.tmguru.com) or with third party merchants or third party merchant’s website.
Payments on the Website
While availing any of the payment method/s available on the Website, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to lack of authorization for any transaction/s, or exceeding the preset limit mutually agreed by You and between “Bank/s”, or any payment issues arising out of the transaction, or decline of transaction for any other reasons.
All payments made against the purchases or services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website. Before completing the order, We may request you to provide supporting documents,including but not limited to Govt. issued ID and address proof to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
Transactions, Transaction Price and all commercial terms such as Delivery of Services, are as per principal to principal bipartite contractual obligations between Buyer and Us and payment facility is merely used by the Buyer and Us to facilitate the completion of the Transaction. Use of the payment facility shall not render TMGURU LLP, its subsidiaries or its service providers liable or responsible for the breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on TMGURU LLP.
You have specifically authorized TMGURU, its affiliates or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically and from other Users in respect of transactions through Payment Facility. Your relationship with TMGURU LLP is on a principal to principal basis and by accepting these Terms of Use you agree that TMGURU LLP is an independent contractor for all purposes, and does not have control of or liability for the services that are listed on website that are paid for by using the Payment Facility. TMGURU LLP does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a transaction.
You understand, accept and agree that the payment facility provided by TMGURU LLP, its subsidiaries or its service providers is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through collection and remittance facility for the Transactions on the TMGURU LLP Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, TMGURU LLP, its subsidiaries or its service providers are neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
You understand, agree and accept that TMGURU LLP, its subsidiaries or its service providers may at their sole discretion introduce or remove any of the payment facilities available on the Website. TMGURU LLPmay, also, at its sole discretion introduce new payment mechanisms on the Website, as it may deem fit. These may include, but not be limited to, TMGURU LLPor a third party wallet; in the case of introducing those payment facilities, the Terms of Use would be modified to cover those facilities. Buyer’s use of new payment facilities would be construed as an explicit acceptance of the modified Terms of Use.
Payment Terms for Buyers
As a Buyer, You understand that –
upon initiating a Transaction You are entering into a legally binding and enforceable contract for services from TMGURU LLP using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to Seller using Payment Facility.
You agree with TMGURU LLP through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
You shall electronically notify Payment Facility using the appropriate TMGURU LLP Website features immediately upon payment failure or debit from account for non-confirmed order within 24 hours. Non-notification by You within the time period specified in the Policies shall be construed as non-credit in respect of that Transaction. You shall be entitled to claim a refund of the Transaction Price, as Your sole and exclusive remedy, in case You do not receive the conformation within the time period agreed in the Transaction or within the time period as provided in the Policies or within 30 business days, whichever is earlier. In case you do not raise a refund claim using Website features within the stipulated time, You will be ineligible for a refund.
The Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services. Except for Cash transactions, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received.For Cash transactions, refunds, if any, will be made via NEFT transfer in favour of the Buyer, as per registration details provided by the Buyer. Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
TMGURU LLP, its affiliates or service providers reserve the right to impose limits on the number of Transactions or Transaction Price which TMGURU LLP may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
Buyer’s arrangement with Issuing Bank
All Valid Credit / Debit/ UPI/ and other payment instruments are processed using a Credit Card /EMI payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the FAST Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
Indemnity
You shall indemnify and hold harmless TMGURU LLP, its shareholders, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
Compliance with Laws
Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Delhi.
Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and TMGURU LLP website.
Trademark, Copyright and Restriction
This site is controlled and operated by TMGURU LLP and all content on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. You can write to TMGURU LLP at info@tmguru.in if You feel that Your Trademark has been infringed.
Limitation of Liability
In no event shall TMGURU LLP be liable for any special, remote, incidental, indirect or consequential damages of any kind in connection with these terms of use, even if the user has been informed in advance of the the possibility of such damages.
Contact
Please contact us at info@tmguru.in for any questions or comments.