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TCW Group - Terms of Use

Terms of Use

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 buyer on Platform by providing data while registering on the Platform as Registered User. The term "TCW Group", "We", "Us", "Our", “Website”, “Company” shall mean TCW Group and its affiliates.

Your use of this website and services and tools are governed by the following Terms of Use ("Terms and Conditions") including the applicable policies which are incorporated herein by way of reference. By mere use of this website, You shall be contracting with TCW Group, the owner of the Platform. These terms and conditions including the policies constitute Your binding obligations, with TCW Group.

When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews), 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 this Terms of Use and shall be considered as part and parcel of this 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. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Platform 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 Platform. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by our Policies including but not limited to Privacy Policy as amended from time to time.

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

This website uses cookies to monitor browsing preferences. If You do allow cookies to be used, the following personal information may be stored by Us for use by third parties

Neither We, nor any third parties provide any warranty or guarantee as to the accuracy, timelines, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which We shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to Us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms of use.

All trademarks reproduced in this website which are not the property of, or licensed to, the operator is acknowledged on the website.

Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that We endorse the website(s). We have no responsibility for the content of the linked website(s).

The information contained in this website is for general information purposes only. The information is provided by TCW Group and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance You place on such information is therefore strictly at your own risk.

In no event will We be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website You are able to link to other websites which are not under the control of TCW Group. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, TCW Group takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Force Majeure

We shall not be liable for any failure and/or delay on its part in performing any of its obligation under this Agreement and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by the User by reason there of if such failure and/or delay shall be result of or arising out of Force Majeure Event set out herein.

Explanation:" Force Majeure Event" means any event due to any cause beyond the reasonable control of TCW Group, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake ,explosion, acts of God, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government, governmental orders or restrictions breakdown and/or hacking of the Website and/or contents provided for availing the Products and/or services under the Website, such that it is impossible to perform the obligations under the Agreement, or any other cause or circumstances beyond the control of TCW Group hereto which prevents timely fulfilment of obligation of TCW Group hereunder.

Warranty Disclaimer

User acknowledges that the Company has no control over, and no duty to take any action regarding which User gain access to the Website and/ or services what Products, content User accesses and/ or uploads, posts, emails, transmits and/ or otherwise contribute via the Website and/ or services what effects the Products, content may have on User and/ or any third party how User may interpret and/or use the Products and/or what actions User may take as a result of having been exposed to the Products and/or content. User releases the Company from all liability for User having acquired or not acquired Products, content through the Website and/ or services. The Website and/ or services may contain, or direct User to sites and/ or services containing, information that some people may find offensive and/or inappropriate. The Company makes no representations concerning any content contained in or accessed through these websites and/ or services, and the Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency, or durability of the products, material contained in, or accessed or purchased through these websites and/ or services. The services, Products, materials, information, content, Website and/ or any software are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement except as provided in the Warranty Terms of the said Products given by respective manufacturer of the said Products. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to User.

Although the Company has taken adequate safeguard, the Company makes no guaranty of confidentiality and/or privacy of any communication or information transmitted on the Website and/ or for the services and/or any web-site linked to the Website. Users uses this Website and/ or services at his/ her own risk in accordance with our privacy policy.

Changes are periodically made and added to Website and to the information herein. The Company, its subsidiaries, affiliates, associate companies, consultants, partners and/or its respective suppliers may make improvements and/or changes to this Website at any time.

The Website and/ or services contain views, opinions and recommendations of users of the Website and/ or Services, advertisers, third party information providers and organizations. The Website does not warrant, represent and/or endorse the correctness, authenticity, accuracy, completeness, reliability and/or validity of any opinion and/or other information displayed, uploaded, distributed, posted, emailed, transmitted and/ or otherwise contributed through the Website and/ or services by anybody other than the Company.

In no event shall TCW Group be liable for any special, incidental, indirect or consequential damages of any kind in connection with these terms and conditions even if user has been informed in advance of the possibility of such damages.

TCW Group will not be liable to You in any way or in relation to the contents of, or use of, or otherwise in connection with, this website. TCW Group does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through this site; their servers; or electronic communication sent from TCW Group are free of viruses or other harmful components.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

TCW Group tries to be as accurate as possible. However, TCW Group does not warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by TCW Group itself is not as described, your sole remedy is to return it in unused condition.

Pricing on the product is as it shows, however due to any technical issue, typographical error or product information received from our suppliers' prices of the product may vary. The price taken into consideration will be at the time of order confirmation and payment done by the customer. If TCW Group comes across any such difference in pricing due to any issues, it has all the rights to rectify the same or cancel the order.

You agree to defend, indemnify and hold harmless TCW Group, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to TCW Group or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

Linking to this website

You may provide links to our website homepage. However, it should not suggest our association with you in any form or the other. Also, doing so must not bring any legal or reputation damage to our website.

The User shall be responsible for obtaining and maintaining telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto. The Company shall not be liable for any damages to the User's equipment resulting from the use of the Site.

Guarantee of Products/Services

We hereby disclaim any guarantee of the accuracy in terms of finish and appearance of the final product as ordered by the user. The quality of any products, services, information, or other material purchased or obtained by you through the website may not meet your expectations.

Imitation of Liability

We will not be responsible or liable for any special, incidental, indirect or consequential damages of any kind in connection with this agreement, even if the Company has been informed in advance.

Prohibitions

The following actions will be considered as misuse of the Website, and are thus prohibited:

  • Transmission or distribution of technologically harmful data like virus, malicious software, trojan, etc.;
  • Posting or transmitting content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm to any kind against any group or individual;
  • Transmission of junk mails, spam or chain letters;
  • Promoting illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • Posting unsolicited promotional or advertising content;
  • Distributing or reproducing any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights in any way;
  • Promoting an illegal or unauthorised copy of another person's copyrighted work 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 file, providing or creating computer viruses;
  • Providing instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or posting video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).

We hereby hold no liability to any sort of damage or harm caused to your software, data or computer device by downloading content from this website.

Intellectual Property, Software and Content

The content available on this Website is under worldwide copyright protection laws and hence is the sole property of TCW Group. Modification, misuse, translation or creation of derivative work on the basis of Website content is highly prohibited.

The Company grants you a limited license to access and make personal use of the Website and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Website and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains 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; any action that imposes or may impose (in TCW Group sole discretion) an unreasonable or disproportionately large load on TCW Group infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by TCW Group to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by TCW Group.

Registration & Security

  • Once registered, you will receive a confirmation mail on your registered email address.
  • You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.
  • You will notify the Company of any unauthorized use of your password or account or any other breach of security.
  • We cannot and will not be liable for any loss or damage arising from your failure to comply.

Terms of Sale

Once You place an order with TCW Group, You thus agree to abide by the following terms and conditions:

  • All the orders placed with Us are subject to availability of the desired product.
  • Once an order is placed, an acknowledgement e-mail stating the confirmation of your order will be received by You. Please note that this acknowledgement does not mean the acceptance of your order. Your order is only accepted once the payment is received from your credit/debit card/account.
  • A standard authorization check is carried out on your payment card once your order is received by us. This is done solely to make sure that you have sufficient funds and thus your transaction can be carried out without any hindrance.
  • We offer you promotional discount codes that are applicable on the purchases made on this website. These discount codes can be applicable on all or certain specified products. Please note that use of only one discount code is permissible per order. You cannot use a discount code if an order is already placed.
  • As a condition of purchase, the Website requires your permission to send you administrative and promotional emails/calls. We will send you information regarding your account activity and purchases, as well as updates about Our products and promotional offers. We shall have no responsibility in any manner whatsoever regarding any promotional emails/calls/SMS/MMS sent to You. The offers made in those promotional emails/calls/SMS/MMS shall be subject to change at the sole discretion of the Company and the Company owes no responsibility to provide You any information regarding such change.
  • By placing an order, You make an offer to us to purchase products You have selected based on standard Website restrictions, Merchant specific restrictions, and on the terms and conditions stated below.
  • You are required to create an account in order to purchase any product from the Website. This is required so We can provide You with easy access to print your orders and view your past purchases.
  • The Website takes no responsibility for the services or products that are sold or supplied by third party vendors. The Company makes no warranty to their end users for the quality, safety, usability, or other aspect of a product or service that is supplied by a Merchant and/for some services or activities that involve potential bodily harm (such as rock climbing, etc), and for those activities, the Company takes no responsibility for the service or activity being offered, and the User takes responsibility for his or her own actions in utilizing those services.
  • We strive to provide you with the best prices possible on products and/or services you buy from TCW Group, however, We do not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without any prior notice. The prices mentioned on the Website are not subject to comparison with the same or similar product(s) and/or service(s) available through any online or offline sale. The pricing is subject to the Company’s pricing policy and the prices shall be determined only at TCW Group sole discretion.
  • By using this Website, the User agrees to comply with all of the Terms of Use hereof. The right to use the Website is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of their password(s), if any. The User acknowledges that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of the Company, and the Company shall not be responsible for any data lost while transmitting information on the internet. While it is the Company's objective to make the Website accessible 24 hours per day, 7 days per week, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of the Company, access to the Website may be interrupted, suspended or terminated from time to time. The Company shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Company may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

These Terms of Use are governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these terms and conditions or any dispute arising in relation to the Website whether in contract or otherwise, to submit to the jurisdiction of the courts located at Mumbai, India for the resolution of all such disputes.