Welcome to TheCityFans (TCF), Thank you for visiting our website.
TCF provides services to you subject to the following notices, terms, and conditions (“Terms”)
BY ACCESSING, BROWSING OR OTHERWISE USING THIS WEBSITE INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS. IN CASE OF AN ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO LEGALLY BIND YOUR ORGANIZATION AND YOUR ORGANIZATION WILL BE BOUND BY THE OBLIGATIONS AND RESTRICTIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS, OR DO NOT HAVE THE AUTHORITY TO BIND YOUR ORGANIZATION TO THESE TERMS AND CONDITIONS, THEN DO NOT AVAIL OFUSE THE SERVICES OR MATERIALS OF THIS WEBISTE.
ABOUT OUR SERVICES:
TCF provides a number of internet-based services through the Website (all such services are collectively referred to as the “Service”). One such service enables You to purchase merchandises such as clothing, fashion accessories, bags, wallets or bags, mobile covers, souvenirs etc. (all such products are collectively referred to as the “Products”). You agree, understand and acknowledge that the Website is an online platform that enables You to purchase the products listed on the Website at the price indicated therein at any time from any location.
The Sites are intended for use by persons who are at least 18 years old, or the legal age required to form a binding contract in your jurisdiction if that age is greater than 18. By using the Sites, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract. As a minor if You wish to use or transact on the Website, such use or transaction may be made only with the permission and supervision of your legal guardian or parents. TCF reserves the right to terminate your membership and/or refuse to provide You with access to the Website at its sole discretion without assigning any specific reason.
You are required to register with the Website as a Member by filling out the Registration Form provided in the Sign Up Area of the Website. You may access the Website as a Visitor without registering with the Website, however, this may prevent You from availing all the Services offered by Us. Registration of the Website for all new Users is via email, mobile or social media connects. During Registration, You will be required to furnish to TCF certain information and details, including Your name, e-mail id and any other information that is deemed necessary by the Website (“Account Information”). You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer to prevent unauthorized access to your Account or password. You should take all necessary steps to ensure that the password is kept confidential and shall take immediate steps to inform us immediately if You have any reason to believe that your Account has been hacked or comprised by any third party. You expressly agree and acknowledge that all Account Information provided by You is accurate and true. You hereby agree and understands that TCF reserves the right to refuse access to the Website, terminate your Accounts and remove or edit any content posted by You without any notice to You.
Membership on the Website is free for all Users. TCF does not charge any fees for browsing or accessing the Website. However, TCF reserves the right to change its fees policy at any point of time. TCF reserves the right to introduce any new premium services along with any fees that TCF may at its sole discretion determines. Any changes to the Fee policy shall be posted on the Website and shall become effective immediately after such changes are posted in the Website.
ACCESS TO WEBSITE:
TCF shall take all necessary and reasonable steps to ensure the uninterrupted availability of the Website. However, TCF does not guarantee the uninterrupted availability of the Website at all times. Your access to the Website may be occasionally suspended or restricted to allow for repairs, maintenances or the introduction of new facilities or services at any time without prior notice.
TCF hereby grants you a limited license to access and make personal use of the Website and the Services offered by TCF in accordance with Terms or Polices of TCF as introduced or modified or amended from time to time. This license does not include any resale, or commercial use of this Website or its contents, any downloading or copying of content or account information for the benefit of another seller, or any use of data mining, robots, or similar data gathering and extract tools while using the Website.
This Website or any portion of this Website (including but not limited to any copyrighted materials, trade marks, or any other proprietary information) may be not copied, reproduced, duplicated, sold or commercially or otherwise exploited without obtaining the prior written consent of TCF. All texts, graphics, designs, user interfaces, visual interfaces, marks, logos, artworks posted on the Website are the exclusive property of the TCF and You shall not copy, reproduce, sell or share any such content commercially without obtaining prior written permission of TCF.
You may contact TCF Member Services by sending an email to [email protected]. You acknowledge that the provision of customer support is at TCF’s sole discretion, and that we have no obligation to provide you with customer support of any kind. We may provide you with customer support from time to time, at our sole discretion, provided that you have created an Account and that you submit your customer support inquiries using such Account.
PRODUCT SPECIFICATIONS; PRICING
We are not infallible, and therefore we do not warrant that product specifications or other content on the Sites is complete, accurate, or error-free. You expressly agree and acknowledge that TCF shall have the right to refuse or cancel any orders made by You at any time after making such orders, in its sole discretion. If we charged your credit card prior to cancellation, we will issue a credit to your account in the amount of the charge. In the event of any errors relating to the specifications of any product, TCF shall replace the default product in accordance with the Return Policy of TCF. Notwithstanding the aforementioned, TCF shall have the right to refuse or cancel any replacement and/or refund requests in its sole discretion, if such requests in the opinion of TCF fails to fall within the scope and ambit of the Return Policy of TCF.
While using any of the payments methods available on the Website, TCF shall not be responsible for any loss or damage incurred directly or indirectly by You due to:
1) Lack of authorization for any transactions;
2) Any payment issues arising out of transaction; or
3) Decline of transaction for any other reason by the Bank.
If payments have been made to our Account by Bank in cases of any failed transaction, we shall credit such amounts to the bank account after receiving appropriate requests from your end.
All prices are listed in Rupees. “Price”, as displayed, is inclusive of all applicable taxes. We reserve the rights to revise the prices for the products at any point of time. The items in your shopping cart reflect the most recent price of the product. You acknowledge that this price may differ from the price shown for the item when you first placed it in your cart.
Unless otherwise stated all payment to TCF shall be made in Indian Rupees. You shall be solely responsible for compliance of all applicable laws while making payments to TCF Corporation. You understand, accept and agree that the payment facility provided by TCF is neither a banking nor a financial service but is merely a facilitator providing an electronic, automated online electronic payment or receiving payment through Cash on Delivery using the existing payment gateway networks. We reserve the right to impose certain restrictions on the number of transactions conducted by the User. We provide the availability statements for each product and we may provide the estimated timelines for products on receipt of written request from your end. Notwithstanding the aforementioned availability statements, We, reserve the right to cancel or refuse or process any order placed by You at our sole discretion without assigning any reason to You. However, in the event of any such refusal, We shall promptly refund any amounts received from your end with respect to such orders or replace the product with any other available product on your request.
You agree to electronic communication for all of your transactions and communication with TCF and the Sites. You agree that all postings, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
NOTICES AND CONTACT INFORMATION; COPYRIGHT COMPLAINTS
Except as otherwise provided in these Terms, TCF will give you any notices by posting them on the Sites, and you agree that such posting will constitute effective notice. You authorize TCF to send notices (including without limitation notice of subpoenas or other legal process, if any) via electronic mail as well if TCF decides, in its sole discretion, to do so. You agree to keep your address current and that notice provided by TCF to the address that you have most recently provided will constitute effective notice. TCF’s address for Legal Notices is:
B-387 Talwandi Kota
Rajasthan – 324005
Our Email-[email protected]
TCF respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TCF’s grievance officer with the written information specified below.
MODIFICATIONS TO TERMS AND SITES
POSTING CONTENT ON THE SITES; REPRESENTATIONS AND WARRANTIES
You agree to be liable for any content posted using your Account and for any transactions associated with your Account. By displaying or publishing (“posting”) any content on the Sites, including without limitation text, audio, video, pictures, graphics, music, sound clips, images, likenesses, personal information and other works of authorship (collectively, “Content”), you warrant and represent that (a) you own all rights in your Content and the performance contained in your Content or, alternatively, you have acquired all necessary rights in your Content to enable you to grant to TCF the rights in your Content described herein and for us to exercise the rights with respect to such Content that you grant herein; (b) you are the individual pictured, depicted, and/or heard in your Content, or, alternatively, you have obtained permission (and, if applicable, publicity rights) from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your Content to grant the rights to TCF described herein; and (c) your Content is not defamatory in nature, does not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party.
GRANT OF LICENSE:
You hereby grant to TCF a permanent, worldwide, royalty-free, freely transferable, freely sub-licensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, adapt, transmit, distribute, publicly perform and display (including in each case by means of a digital audio transmission), and create derivative works of the Content, in any form, media, or technology now known or later developed. To the extent permissible under the applicable laws, You hereby waive any moral rights you may have in such Content under the laws of any jurisdiction. You agree that we may (but are not obligated to) display your Content, and your username or your actual name (according to the preferences you select at the time that you register) along with your Content.
You agree not to post to the Sites any Content or any other materials whatsoever that is or could appear to be: (a) untrue, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another person’s privacy or protected data, hateful, or racially, ethnically or otherwise objectionable; (b) infringing or alleged to be infringing upon a third party’s intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party, including, without limitation, any Content that is the subject of any third party claim of infringement; (c) of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as inside information and proprietary and confidential information; (d) unsolicited, undisclosed or unauthorized advertising; (e) software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (f) data or information obtained through access that was not authorized by the owner of the data or information, or with respect to which such posting would constitute unauthorized use; or (g) in violation of any applicable local, state, national or international law, regulation, or statute (including export laws).
You agree not to do, or attempt to do, any of the following, subject to applicable law: (a) alter information on or obtained from the Sites; (b) tamper with postings, registration information, profiles, submissions or Content of other users; (c) use any robot, spider, scraper or other automated means or interface not provided by us to access the Sites or extract data or gather or use information, such as email addresses, available from the Sites or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”; (d) frame any part of the Sites, or link to the Sites, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by TCF; (e) impersonate or misrepresent your affiliation with any person or entity; (f) bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Sites (except as otherwise expressly permitted by law); (g) take any action which might impose a significant burden (as determined by us) on the Site’s infrastructure or performance, or send to or otherwise impact us or the Sites (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the site or any receipt.
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 means.
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.
MONITORING OF SITE CONTENT
We are under no obligation to restrict or monitor Site Content in any way. YOU UNDERSTAND AND ACKNOWLEDGE THAT TCF DOES NOT REGULARLY MONITOR THE ACCURACY OR RELIABILITY OF CONTENT AND THAT USEOF THE SITES IS AT YOUR OWN RISK. Notwithstanding the foregoing, we reserve the right to modify or remove any Content at any time. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other users, are those of the respective author(s) or distributor(s) and not of TCF. TCF neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on these Sites by anyone other than authorized TCF employees acting in their official capacities.
PROTECTION OF SITE CONTENT
Our Sites are protected by Indian and international intellectual property laws, which you agree to respect. All contents on the Sites, including but not limited to text, logos, icons, images, graphics, audio clips, compilations, and downloads, as well as the collection, arrangement, and assembly of such content, are the exclusive property of TCF or its content suppliers and is protected under Copyright and Trade mark Legislations. All software used on the Sites is the property of TCF or its software suppliers. You shall not at any time copy, distribute, modify or share the Contents of this Website for any purpose whatsoever without obtaining the prior written permission of TCF.
TERMINATION OR CANCELLATION
You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Sites, and/or your Account, or suspend or block your access to the Sites. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. If you use the Sites after termination of these Terms, that use will constitute your agreement to the Terms then posted on the Sites. Notwithstanding the termination of your account, TCF shall have the right to use the contents posted by You to the Website.
DEALINGS WITH MERCHANTS; LINKS
Your correspondence or business dealings with, or participation in promotions of, third party merchants or advertisers that are found on or through the Sites or which provide links on the Sites, including, for example, “click to purchase” and other similar programs, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You waive any claim against TCF and agree to hold TCF harmless from any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Sites.
DISCLAIMER OF WARRANTIES
THE SITES MAY CONTAIN ADVICE, OPINIONS, INSTRUCTIONS AND STATEMENTS FROM TCF, ITS USERS AND OTHER CONTENT AND INFORMATION PROVIDERS. THIS CONTENT IS INTENDED TO BE USED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU USE THE SITES AND CONTENT AT YOUR OWN RISK. THE SITES ARE PROVIDED BY TCF ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TCF MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION OR CONTENT INCLUDED ON THE SITES. TCF MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITES WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TCF EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER TCF, NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF TCF AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
- Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.
- Jurisdiction; Choice of Law; Export Limitations. The Sites are controlled by us from our offices within India. If you choose to access this Site from locations outside the India, you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Sites in violation of Indian export laws and regulations or the Terms. These Terms and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the Sites will be governed by the laws of the State of Maharashtra, India, without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction.
- Limitations on Actions. Any action concerning any dispute you may have with respect to the Sites must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
- Paragraph Headings. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect.
- No Waiver. The failure of TCF to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or TCF’s right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TCF’s grievance officer with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- TCF’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
NOTICE RE TRADEMARKS
The trademark “TCF” and all other trademarks, logos and styles used in the Sites are owned or used under license by TCF and its affiliated organizations. The names of third parties and their products mentioned may be their trademarks. You may not use any of the above or other trademarks displayed on the Sites or in any Site content. All rights are reserved.
NOTICE RE COPYRIGHT OWNERSHIP: ©TCF Corporation. All rights reserved.
All content on the Sites is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in the Terms or with our prior express written consent. Modification or use of the materials for any other purpose may violate intellectual property rights.
This document is an electronic record in terms of Information Technology Act, 2000 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 signature.