Terms of Use
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable under 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.
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 www.tmguru.in website.
The domain name www.tmguru.in (hereinafter referred to as “Website” or “TMGURU”) is owned by firm “TMGURU LLP” a Limited Liability Partnership with its registered office at Delhi. The term “We”, “Us”, “Our” shall mean TMGURU LLP or its subsidiaries.
Your use of the Website and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with TMGURU and these terms and conditions including the policies constitute Your binding obligations with TMGURU.
For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a client / buyer on the Website by providing Registration Data while registering on the Website as a Registered User using the computer systems. TMGURU allows the User to browse the Website without registering on the Website.
When You use any of the services provided by Us through the Website, including but not limited to Goods and Services listed on 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 of Use and shall be considered as part and parcel of these Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates or 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 of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE. PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.
By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by website Policies, including but not limited to the Privacy Policy available at www.tmguru.in/privacy, as amended from time to time.
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, insolvent etc. are not eligible to use the Website. If you are a minor i.e., under the age of 18 years, you shall not register as a User of the website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. TMGURU LLP reserves the right to terminate your account and / or refuse to provide you with access to the Website if it is brought to TMGURU LLP notice or if it is discovered that you are under the age of 18 years.
Your Account and Registration Obligations
If You use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate Your membership or refuse to provide You with access to the Website.
Communications
When You use the Website, fill online forms, upload documents or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by sms, whatsapp email, post or by any other mode of communication, electronic or otherwise. You will be required to enter a valid phone number 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.
Disclaimer of Warranty & Liabilities, No Implied Endorsements
TMGURU LLP does not make any representation or Warranty as to specifics, such as quality, value, saleability, etc.,of the products or services proposed to be sold or offered to be sold or purchased on the Website. This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site 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 foregoing paragraph, TMGURU LLP does not warrant that this Website will be constantly available, or available at all; or that the information on this Website is complete, true, accurate or non-misleading.
TMGURU LLP 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. TMGURU LLP does not warrant that this site; information, Content, materials, product (including software) 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.
TMGURU LLP does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. TMGURU LLPaccepts no liability for any errors or omissions, whether on behalf of itself or third parties. Nothing on Website constitutes, or is meant to constitute, advice of any kind.
Accuracy of Content, Limitations on Quantity
In some event the pricing of services as reflected on the Website may be due to some technical issue, typographical error or information published may be incorrectly reflected and in such an event TMGURU LLP reserves the right to revoke any stated offer; correct any errors, inaccuracies or omission; and make changes to prices, content, promotion offers, product descriptions or specifications, or other information without any notice of such changes, including after an order for services has been submitted, acknowledged, or rendered. We also reserve the right to cancel order for services (including after an order for services has been submitted and/or acknowledged) and to revise, suspend or terminate a order, service, sale, event or promotion at any time without notice. The inclusion of any services on the Website at a particular time does not guarantee the services.
You will indemnify and keep indemnified TMGURU LLPand/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law.
Terms of Use of the Website
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles –
You shall not host, display, upload, modify, publish, transmit, update or share any information which: belongs to another person and to which You do not have any right to; 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; is misleading in any way; is offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”; promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity; promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; 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 or otherwise inappropriate manner or solicits personal information from anyone; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; contains video, photographs, or images of another person (with a minor or an adult). tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;engages in commercial activities and/or sales without Our prior written consent.
shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate
You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us, tmguru.in, or otherwise engage in any conduct or action that might tarnish the image or reputation, of TMGURU LLP or otherwise tarnish or dilute any TMGURU LLP trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or e-tail’s systems or networks, or any systems or networks connected to TMGURU LLP.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You have send to Us on or through the Website or any service offered on or through the Website. You will not pretend or impersonate any other individual or entity.
You will not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of TMGURU LLPand / or others.
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 Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your purchase of products or services.
TMGURU LLP prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area. This policy extends to content on Website pages, comments on Website pages, comments on social media, other areas of the site that another User may view. If a feedback comment on Website contains profanity, please submit a request for action/removal.
Disciplinary action may result in the indefinite suspension of a User’s account, temporary suspension, or a formal warning. TMGURU LLP will consider the circumstances of an alleged policy violation and the user’s trading records before taking action. Violations of this policy may result in a range of actions, including: Limits placed on account privileges; Loss of special status; Account suspension.
Contents Posted on Site
No part of the Website and no Content will be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise.
You may use information on the products and services purposely made available on the Website for downloading, provided that You do not remove any proprietary notice language in all copies of such documents; use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; make no modifications to any such information;and do not make any additional representations or warranties relating to such documents.