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Terms & Conditions
Welcome to TV PRODUCTS INDIA PVT LTD (TVP) who provides its services to you through
the brand Televantage, subject to the terms and conditions given hereunder.If you
visit us at www.televantage.in you accept these terms and conditions.
Please read them carefully. In addition, when you use any current or future TVP
service (e.g. Your Account/Profile, Gift Certificates, and Your Reminder Service,
etc.) or visit or purchase from any business affiliated with TVP, whether or not
included on the Televantage web site, you will be subject to these guidelines and
conditions for such service or business. These terms and conditions supersede all
previous representations, understandings, or agreements and shall prevail notwithstanding
any variance with any other terms of any order placed or service provided by TVP.
By using the shopping services of TVP you agree to be bound by these terms and conditions.
All products/services and information displayed on the Televantage website, constitute
an "invitation to offer". Your order for purchase constitutes your "offer" which
shall be subject to the terms and conditions as listed below. TVP reserves the right
to accept or reject your offer.
Applicable law
This website is created and controlled by TVP. The laws of India shall apply and
courts in Mumbai shall have jurisdiction in respect of all the terms, conditions
and disclaimers. TVP reserves the right to make changes to the website and the terms,
conditions and disclaimers at any time and without information to the customers/users
of the services/website of TVP.
Definitions
"Agreement" means the terms and conditions as detailed herein including all schedules,
appendices, annexures, privacy policy, and will include the references to this agreement
as amended, negated, supplemented, varied or replaced from time to time.
"TVP'' / ''Televantage ''website '' means the online shopping platform and the services
provided by it and its affiliates owned and operated by TV Products India Pvt. Ltd.,
which provides a venue / platform to the Users of Televantage website to buy the
products listed on the site.
"Vendor" / "seller" /''affiliates'' shall mean the person or any legal entity who
offers for sale, sells the products on the TVP platform / website. ''Product/Products''
means and includes any goods/merchandise/products/services/offers/display items
that are uploaded /showcased/displayed on TVP and the related description, information,
procedure, processes, warranties, delivery schedule, etc.
Electronic Communication
When you visit www.televantage.in or send e-mails to us or give us your
feedback, you are communicating with us electronically. You consent to receive communications
from us electronically. We will communicate with you by e-mail, sms or by posting
notices on this website. You agree that all agreements, notices, disclosures and
other communications that we provide to you electronically satisfy any legal requirement
that such communications be in writing.
Disclaimer of warranties and limitation of liability
TVP has made this service available to use as a matter of convenience. TVP expressly
disclaims any claim or liability arising out of uploading of any obscene, vulgar
or pornographic images, photograph or a picture or altering or distorting the images
available under this service in an obscene, vulgar or pornographic manner. TVP also
disclaims all warranties, express or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose. TVP does not
warrant that this site, its servers, or e-mail sent from TVP are free of viruses
or other harmful components. TVP will not be liable for any damages of any kind
arising from the use of this site, including, but not limited to direct, indirect,
incidental, punitive, and consequential damages.
The Service(s) of TVP is provided on an "as is" basis without warranties of any
kind, whether express or implied. TVP does not represent or warrant maintaining
the confidentiality of information; although TVP’s current practice is to ensure
reasonable efforts to maintain such confidentiality. It is also clearly understood
that all warranties, implied or express take place between the vendors and the User.
TVP does not endorse in anyway any advertisers/ contents of advertisers on its web
pages or other communication.
TVP will not be responsible for any damage suffered by Users from use of the services
on this site. This without limitation includes loss of revenue/data resulting from
delays, non-deliveries, missed deliveries, or service interruptions as may occur
because of any act / omission of the vendor. This disclaimer of liability also applies
to any damages or injury caused by any failure of performance, error, omission,
interruption, deletion, defect, delay in operation or transmission, computer virus,
communication line failure, theft or destruction or unauthorized access to, alteration
of, or use of record, whether for breach of contract, tortuous behavior, negligence,
or under any other cause of action.
User agrees and acknowledges that User shall be solely responsible for User's conduct
and that TVP reserves the right to terminate your rights to use the service immediately,
notwithstanding penal provisions under the Indian cyber laws or any other allied
laws enacted by the government of India or any other statutory, legislative or regulatory
authority authorized in this regard from time to time. In no event shall TVP, its
affiliates, employees, agents, consultants, contracted companies be liable for any
direct, indirect, punitive, incidental, special or consequential damages or for
any damages whatsoever including, without limitation, damages for loss of use, data
or profits, arising out of or in any way connected with the use or performance of
the TVP sites/services for interrupted communications, delay, lost data or lost
profits arising out of or in connection with this agreement.
TVP therefore neither endorses nor offers any judgement 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.
TVP shall not be liable for any delay / non-delivery of purchased goods by the vendors,
trade organization/s, manufacturers / shop etc. (vendors), due to flood, fire, wars,
acts of God or any cause that is beyond the control of TVP.
Notwithstanding anything contained herein, TVP acts only as booking agent/platform
to facilitate / integrate transactions between the buyers and sellers through various
platforms (online web store, call centre, mail order catalogues, SMS. etc.) for
various vendors/affiliates/merchants and shall in no way be responsible for any
quality of product, damages, losses, expenses and/or taxes incurred by Users for
the products or if the vendors/affiliates/merchants is not able to service the order
of the User for any reason or any misrepresentation of any sort by the vendors/affiliates/merchants.
In no event shall TVP, its directors, officials, representatives and employees be
liable for any damages or claims relating to products sold through its various platforms.
Notwithstanding anything contained herein, TVP acts only as booking agent/platform
to facilitate / integrate transactions between the buyers and sellers through various
platforms (online web store, call centre, mail order catalogues, SMS. etc.) for
various vendors/affiliates/merchants and shall in no way be responsible for any
quality of product, damages, losses, expenses and/or taxes incurred by Users for
the products or if the vendors/affiliates/merchants is not able to service the order
of the User for any reason or any misrepresentation of any sort by the vendors/affiliates/merchants.
In no event shall TVP, its directors, officials, representatives and employees be
liable for any damages or claims relating to products sold through its various platforms.
All prices, unless indicated otherwise are in Indian Rupees. The availability of
products is subject to change without prior notice at the sole discretion of TVP
and orders can be cancelled if the product goes out of stock.
TVP reserves the right to refuse or cancel any order placed for a product that is
listed at an incorrect price which may be higher or lower than published. This shall
be regardless of whether the order has been confirmed and/or payment been levied
via credit card or cheque or otherwise. In the event of cancelation of order for
which the payment has been processed by TVP, the refund amount shall be credited
to your credit card account and duly notified to you by email or sent by cheque.
In a credit/debit card transaction, you must use a credit /debit card that is issued
in the name of the User. TVP will not be liable for any credit/debit card fraud
because of the card being used fraudulently. The liability to use a credit/debit
card or a net banking transaction fraudulently will be on the User and the onus
to 'prove otherwise' shall be exclusively on the User.
In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong
name or address) any extra cost incurred by TVP for re-delivery shall be claimed
from the User placing the order.
All products are duly screened and assured by the vendors to ensure that the products
are of the standard, quality, composition, style or model that they represent and
as displayed on the site on behalf of the vendor/merchant/affiliate/merchant. All
and any additional information/description, etc. for a product that is displayed/showcased
on TVP is on behalf of the vendor/merchant/affiliate/manufacturer and is as provided
to TVP. TVP does not take any responsibility for any incorrect information
or error in the display/showcase of such information.
Presently, the service(s) of TVP are being offered free. However, TVP reserves the
right to charge a fee for any or such facilities or freight or handling charges
or shipping charges or statutory taxes. TVP and its affiliates reserve the right
to cancel orders for the product in their sole discretion for any reason which can
include but not limited to, the product being out of stock, or for any other reason
without intimation to the User.
Trademark
The logo / image of TVP on the home page of the website & other pages and as used
in the communication to the User is registered by TVP and cannot be used or communicated
or distributed without the specific and written permission of TVP.
License and Site Access
TVP grants you a limited license to access and make personal use of this site and
not to download (other than page caching) or modify it, or any portion of it, except
in case TVP gives consent for the same, in writing. This license does not include
any resale or commercial use of this site or its contents; any collection and use
of any product listings, descriptions, or prices; any derivative use of this site
or its contents; any downloading or copying of account information for the benefit
of another merchant; or any use of data mining, robots, or similar data gathering
and extraction tools. This site or any portion of this site may not be reproduced,
duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial
purpose without express written consent of TVP. You may not frame or use framing
techniques to enclose any trademark, logo, or other proprietary information (including
images, text, page layout, or form) of TVP and our affiliates without express written
consent. You may not use any meta tags or any other "hidden text" and TVP's name
or trademarks without the express written consent of TVP. Any unauthorized use terminates
the permission or license granted by TVP. You are granted a limited, revocable,
and nonexclusive right to create a hyperlink to the home page of TVP as long as
the link does not portray TVP, its affiliates, or their products or services in
a false, misleading, derogatory, or otherwise offensive matter or having a right
to ownership of the same in any form. You may not use any TVP logo or other proprietary
graphic or trademark as part of the link without express written permission.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of
your account and password and for restricting access to your computer, and also
you agree to accept responsibility for all activities that occur under your account
or password. TVP does sell products for children, but it sells them to adults, who
can purchase with a credit card or otherwise. If you are under 18, you may use TVP
only with involvement of a parent or guardian or otherwise, TVP has the right to
cancel any order or service to the User. TVP and its affiliates reserve the right
to refuse service, terminate accounts, remove or edit content, or cancel orders
in their sole discretion.
Reviews, Comments, Communications, and other Contents
Visitors may post reviews, comments, and other content; and submit suggestions,
ideas, comments, questions, or other information, so long as the content is not
illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual
property rights, or otherwise injurious to third parties or objectionable and does
not consist of or contain software viruses, political campaigning, commercial solicitation,
chain letters, mass mailings, or any form of "spam." You may not use a false e-mail
address, impersonate any person or entity, or otherwise mislead as to the origin
of a card or other content. TVP reserves the right (but not the obligation) to remove
or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you
grant TVP and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable,
and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, and display such content throughout the
world in any media. You grant TVP and its affiliates and sub-licenses the right
to use the name that you submit in connection with such content, if they choose.
You represent and warrant that you own or otherwise control all of the rights to
the content that you post; that the content is accurate; that use of the content
you supply does not violate this policy and will not cause injury to any person
or entity; and that you will indemnify TVP or its affiliates for all claims resulting
from content you supply. TVP has the right but not the obligation to monitor and
edit or remove any activity or content. TVP takes no responsibility and assumes
no liability for any content posted by you or any third party on the site.
Suspension due to Non-Compliance with Agreement
Notwithstanding other legal remedies that may be available to TVP, TVP may in its
sole discretion limit user activity by immediately removing user listing either
temporarily or indefinitely or suspend or terminate user membership, and/or refuse
to provide user with access to the site if: The user is in breach any of the terms
and conditions of this agreement and/or the terms and conditions of usage of TVP;
The user has provided wrong, inaccurate, incomplete or incorrect information; Your
actions may cause any harm, damage or loss to the other Users or TVP. Illegal and/or
unauthorized use of the service, including unauthorized framing of or linking to
the TVP site will be investigated, and appropriate legal action will be taken, including
without limitation, civil, criminal and injunctive redress.
Risk of Loss
All items purchased from TVP are made pursuant to a shipment contract. This means
that the risk of loss and title for such items pass to you upon the delivery to
the carrier by the vendor/merchant/affiliate/manufacturer.
Product Description
TVP and its affiliates attempt to be as accurate as possible. However, TVP does
not warrant that product descriptions or other content or prices/amounts of this
site is accurate, complete, reliable, current, or error-free. If a product offered
by TVP itself is not as described, your sole remedy is to return it in unused condition.
Pricing
Except where noted otherwise, the Selling Price/TVP price/Televantage price/MRP/MOP/List
Price displayed for products on our website represents the full retail price listed
on the product itself, suggested /offered by the manufacturer or supplier or one
of our merchants/affiliates, or estimated in accordance with standard industry practice;
or the estimated retail value for a comparably featured item offered elsewhere.
The Selling Price/TVP price/Televantage price /MRP/MOP/List Price
is a comparative price estimate and may or may not represent the prevailing price
in every area on any particular day. For certain items that are offered as a set/pack/combo/arrangement,
the Selling Price/List Price/ TVP price/Televantage price may represent
“open-stock” prices, which mean the aggregate of the manufacturer's estimated or
suggested retail price for each of the items included in the set/pack/combo/arrangement.
Material Submitted by Users
Certain elements of the site will contain material submitted by users. TVP accepts
no responsibility for the content, accuracy, conformity to applicable laws of such
material.
Advertising Material
Part of the site contains advertising/other material submitted to TVP by third parties.
Responsibility for ensuring that material submitted for inclusion on the Site complies
with applicable International and National law is exclusively on the advertisers
and TVP will not be responsible for any claim, error, omission or inaccuracy in
advertising material. TVP reserves the right to omit, suspend or change the position
of any advertising material submitted for insertion. Acceptance of advertisements
on the Site will be subject to TVP terms and conditions which are available on request.
Data Protection
TVP may send information and offers of products and services to you from time to
time. For further details relating to our policy relating to such offer please refer
to our privacy policy.
Force Majeure
TVP shall have no liability to you for any interruption or delay in access to the
Site irrespective of the cause.
Entire Agreement
These Terms of Service 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. The
clauses as above shall survive the termination or expiry of this agreement.
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