Terms of service
Terms and Conditions
The present Terms of Use document is being published in accordance with the provisions of the Information Technology Act, 2000 and other applicable Rules thereunder, including but not limited to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ( “IT Rules” ).
Welcome to tpifgifts.com (hereinafter referred to as “TPIF”, “We”, “Our or “Us”. For the purposes of this Terms of Use, accessing of the Platform together with any study material made available or uploaded therein, embedded therefrom shall hereinafter collectively be referred to as the “Services”.
INTRODUCTION
By using or accessing the Platform in any way, including registering on the Platform, using, viewing, sharing, or embedding any Services, you agree to be bound by the Terms of Use set forth herein. By accepting these Terms of Use, you also accept and agree to be bound by our policies, including but not limited to our Privacy Policy and our Copyright Policy.
If you do not understand the present Terms of Use or do not agree with/accept any part thereof, you should immediately discontinue using or accessing the Platform. Your use and/or continued use of the Platform, as the case may be, amounts to express consent by you to the terms of this Terms of Use as well as all our other Policies.
ELIGIBILITY
By agreeing to these Terms of Use, you represent that you are legally competent to enter into an agreement and provide consent to these Terms of Use. You further represent that
1. You are of sound mind.
2. By agreeing to these Terms of Use, you represent that you are legally competent to enter into an agreement and provide consent to these Terms of Use.
3. You further represent that Are not prohibited from entering into a legally binding contract as per applicable laws.
In case the Platform is being accessed, and the Services are being availed for the benefit of a minor, you expressly confirm that you are legally competent to provide consent on behalf of such a minor and that the minor’s use of the Platform and/or the Services shall be subject to the Terms of Use.
YOUR ACCOUNT
You can become a registered user of the Platform by setting up a password-protected account with us. To set up such an account, you will be required to enter the details of your registered email id and password, or you may log in using the account details. By setting up an account, you agree to accept all responsibility for all activities that occur under your account. By setting up the account, you will further agree to the contents of the Privacy Policy.
We reserve the right and sole discretion to refuse access to the Platform, terminate any account, and remove or restrict any content, at any time, with or without notice to you in case we notice any illegal activity on or from the account or if we have reason to believe that any information provided by you is untrue, inaccurate, outdated or incomplete.
GRIEVANCE REDRESSAL MECHANISM
If you believe that any content or information accessible on the Platform violates the Terms of Use and/or any applicable laws, please notify us immediately.
You could send a complaint and grievance by email to customercare@tpifgifts.com
Each complaint must specify and/or be accompanied with the relevant information/documents such as your contact details wherein your full name, address, telephone number and email address are provided so that we may contact you in case of any clarifications, or, in case any counter-request is received by the person who has uploaded the content in question; details of the violation clearly and specifically identifying and describing the violation claimed including the nature of violation and how and in what manner is the content in question violative of any of the Terms of Use and/or any applicable laws, as claimed; necessary documents in support of your claim, wherever applicable; clear identification and description of the specific location(s)/URL(s) (for each material in case of more than one material) wherein the content which is claimed to be in violation is located on the Platform. If you wish to report any material on the Platform which you believe is covered under Rule 3(2)(b) of the IT Rules, please clearly specify in the subject line of your email or in the case of physical mail, in the subject line of your complaint notice, that the complaint is under Rule 3(2)(b) of the IT Rules, 2021 in order for us to be able to categorize your complaint appropriately. You agree not to make any claims against or hold TPIF Gifts responsible for any claims, whether privacy claims or otherwise, in relation to TPIF Gifts receipt, handling, or review of any information or documents submitted by you pursuant to a complaint under Rule 3(2)(b) of the IT Rules.
GRIEVANCE REDRESSAL MECHANISM
TPIF Gifts may block, restrict, disable, suspend or terminate your access to all or part of the free Services offered on the Platform, at any time at our sole discretion, without prior notice to you. Specifically, in case of prolonged inactivity, TPIF Gifts reserves the right to disable, deactivate or terminate a user’s account. If an account has been disabled or deactivated for inactivity, the user name associated with that account may be given to another user without notice to you or such other party. If you violate the Terms of Use, TPIF Gifts may at its sole discretion, block, restrict, disable, suspend or terminate the paid Services offered on the Platform.
SPAM E-MAIL AND POSTINGS
In the event your access or use of the Platform and Services is found to be spammy, misleading, malicious, annoying, or containing/promoting unsolicited e-mails or network postings, TPIF Gifts reserves its right to obtain immediate injunctive relief against you or against such use by you, in addition to all other remedies available at law or in equity. TPIF Gifts may also opt to block, filter, or delete unsolicited emails, messages or postings as per its sole discretion.
INDEMNITY
You agree to indemnify, defend and hold TPIF Gifts and its officers, directors, partners, employees, agents, and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees), or other expenses that arise directly or indirectly out of or from
● Your user content and any other content (e.g. computer viruses) that you may submit, post to or transmit through the Platform (including a third party’s use of such user content (e.g. reliance on the accuracy, completeness, or usefulness of your user content).
● Your access to or use of the Platform and Services (including any use by your employees, contractors, or agents and all uses of your account numbers, usernames, and passwords, whether actually or expressly authorized by you, in connection with the Platform and Services).
● Your breach of any clause of the ‘Terms of Use.
● Any allegation that while using any of the software made available on the Platform you infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party and/or any dealings between you and any third parties advertising or promoting or linked via the Platform.
● Your activities in connection with the Platform.
This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.
DISCLAIMER
We do not represent or guarantee that this Platform will be free from errors or viruses. You acknowledge that this Website may be affected by outages, faults, or delays. Such outages, faults, or delays may be caused by factors, including technical difficulties with the performance or operation of our or another person’s software, equipment, systems, traffic or technical problems with the Internet, or infrastructure failures.
We do not accept responsibility for any loss or damage, however, caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this Platform, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Platform.
PRIVACY POLICY
Your privacy is important to us. Users of our Platform should refer to our Privacy Policy, which is incorporated into these Terms of Use by reference, with respect to the disclosure, collection, storage, usage, and protection of your information during the course of your interaction with the Platform.
COPYRIGHT POLICY
We respect and recognize the intellectual property rights of others and expect users of our service to do the same. If you believe that your content has been used in a way that constitutes an infringement of your copyright, please notify us for complaints or approach us through the procedure set out under the applicable provisions of the Information Technology Act. If you have a good faith belief that any of our users has infringed your copyright, you may follow the process as specified in our Copyright Policy.
CANCELLATIONS AND REFUND POLICY
Cancellations: As a general rule, all sales made on tpifgifts.com are final and you shall not be entitled to cancel your order once you have received confirmation of the same. We reserve the sole right to cancel any order as per our discretion in case (i) we are unable to deliver the order in a satisfactory manner and/ or (ii) the user tries to take advantage of the system which violates the Terms of Use. TPIF Gifts will ensure that any communication of cancellation of an order or any applicable refund will be made within a reasonable period of time.
Refunds: You shall be entitled to a refund only if TPIF Gifts is unable to deliver your order or there is a damage in the product during courier handling. For refund requests please email customercare@tpifgifts.com
AMENDMENTS TO THE TERMS AND CONDITIONS
TPIF Gifts may amend the Terms of Use and other TPIF Gifts Policies published on the Platform from time to time at its sole discretion. Your continued access or use of the Platform and the Services constitutes your acceptance of the amendments. Your access and use of the Platform and Services will be subject to the most current version of the Terms of Use, Privacy Policy and Copyright Policy posted on the Platform at the time of such use. Please regularly check the Platform to view the latest version of TPIF Gifts Policies.
APPLICABLE LAW AND JURISDICTION
Terms of Use shall be governed by and construed in accordance with the Laws of India. In case of any dispute, the courts in Mumbai will have exclusive jurisdiction to try any such disputes to the exclusion of all other courts.
PRIVACY POLICY
The following privacy policy is being published in accordance with the provisions of the Information Technology Act, 2000 and other applicable Rules thereunder, including but not limited to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“IT Rules”). This Privacy Policy explains the policy of our website – www.tpifgifts.com (hereinafter referred to as “the Website”), with respect to the disclosure, collection, storage, usage, and protection of your information during the course of your interaction with the Website and the App. Please read this Privacy Policy carefully and in conjunction with the Terms of Use. If you do not understand this policy or do not accept any part of it, then you should not use the Platform, as the case may be. Your use and/or continued use of the Platform, as the case may be amounts to express consent to the terms of this Privacy Policy as well as the Terms of Use. For the purposes of this Policy, accessing the Website with any study material made available or uploaded therein, embedded therefrom shall collectively be referred to as the “Services”. The Website is referred to as “the Platform”. This Privacy Policy forms part and parcel of the Terms of Use for TPIF Gifts Services and shall be read as a whole. Capitalized terms used here, but undefined, shall have the same meaning as attributed to them in the Terms of Use.
INFORMATION COLLECTED FROM YOU
1. When you use the Platform by way of registration, logging in, or creating a user account we may collect your personally identifiable information including name, date of birth, gender, demographic information, e-mail address, mobile phone number, credit card or debit card details, geographic location, and mailing address.
2. We will use this information to validate you as a user when using the Platform, to provide the Service to you, including administration of your user account, to notify you of changes to the Service or about any changes to our terms and conditions or this privacy policy, to manage its business, including financial reporting and billing of its Service, for the development of new products and services, to send you newsletters, offers and promotion coupons to market and advertise its products and services by email, to comply with applicable laws, court orders and government enforcement agency requests, for research and analytic purposes including to improve the quality of the Service and to ensure that the Service is presented in the most effective manner for you and your device.
3. By registering on the Platform, you agree and confirm your consent to providing us with your aforementioned personal information, which is lawful, necessary, and permissible. You at all times have the right to discontinue the use of the Platform. We are not liable to provide you with its Services in the absence of or your refusal to provide the aforesaid information. Additionally, we are not liable to ensure or maintain the same quality of its Services to you, as it may for a user who provides all aforementioned information.
SHARING OR DISCLOSURE OF INFORMATION COLLECTED
1. As a strict policy, we will not disclose, share or exploit your information with anyone without your express permission.
2. However, we may be mandated under law or under contracts to make certain limited disclosures under the following circumstances:
3. Legal Necessity: We may share any of the aforesaid information, including your personally identifiable information or Sensitive Personal Data or Information, without obtaining separate consent from you, if and when such information is requested or required by law or by any court or governmental agency or authority to disclose, for the purpose of verification of identity, or for the prevention, detection, investigation of any criminal activity, or for prosecution and punishment of offenses.
4. Limited Disclosure to Service Providers: We may disclose your information (but not Sensitive Personal Data or Information) to our service providers and business partners (“Service Providers”) for the purposes of betterment and improvement of our services including but not limited to hosting the Platform, payment processing, analyzing data, providing customer service, etc, for the purpose of making various features, services, and products available to you and investigating or redressing grievances. This will be in the form of aggregated anonymized data and will be under strict contractual arrangements that preserve the confidentiality and security of your personal information in accordance with this Privacy Policy;
5. Limited Disclosures for improvement of services: We may share the aforesaid information including your personally identifiable information (but not Sensitive Personal Data or Information) when it is required to be shared with sponsors, partners, advertisers, analytics companies or third parties for the purpose of marketing, advertising promotional offers, offering product information and market research, in connection with the Service. This will be in the form of aggregated anonymized data and will be under strict contractual arrangements that preserve the confidentiality and security of your personal information in accordance with this Privacy Policy;
SECURITY OF INFORMATION COLLECTED
1. We take the security of your personal information seriously and use appropriate technical and organizational measures to protect your personal information against unauthorized or unlawful processing and against accidental loss, destruction or damage. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data that is transmitted to or from the Service. Any transmission is at your own risk.
2. We keep your personal information for no longer than is necessary for our business purposes or for legal requirements.
SHIPPING & DELIVERY POLICY
Delivery timelines displayed on the Platform are estimated timelines and may vary depending on location, courier partner availability, weather conditions, public holidays, or unforeseen circumstances.”
We shall not be liable for delays caused by third-party courier services or incorrect delivery information provided by the customer.
CUSTOMISATION AND PRODUCT CLAUSE
Customized, personalized, and made-to-order products cannot be cancelled, returned, or refunded once the order is confirmed, except in cases where the product is received in a damaged or defective condition.
CONTACT US
If you have any questions or concerns regarding the Privacy Policy, kindly contact us at customercare@tpifgifts.com