A BharatMatrimony Venture

Terms & Conditions

This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under pertaining to electronic records as applicable and amended. 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 the terms and conditions for access or usage of www.tambulya.com (the “Website”).

Tambulya’s Website act’s as an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000.

Please read the following terms and conditions very carefully as your use of the Website ices (as defined below) is subject to your acceptance of and compliance with the following terms and conditions including the applicable policies which are incorporated herein by way of reference and as amended from time to time (the "Terms and conditions").

ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS herein, SO PLEASE READ THE TERMS and conditions CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms and Conditions of use of website, You also accept and agree that you have read, understood and are bound by these Terms and conditions, If you do not want to be bound by the Terms and Conditions, you must not use the Website.

In these Terms, references to "You" or "User" or shall mean the end user accessing the Website/ its contents or using the Tambulya Services offered. “Tambulya Services” means a collective reference to the Tambulya service provided by Tambulya On line Market Place Private Limited ( Tambulya) CIN U74999TN2015PTC098929, a company under the provisions of companies act, and having its registered office at No.94, TVH Beliciaa Towers, Tower – 2, 10th Floor, MRC Nagar, Chennai, Tamil Nadu – 600 028(‘MCL/Company’).

Welcome to Tambulya.com. Tambulya.com provides their services to you subject to the terms and conditions given hereunder. If you visit us at Tambulya.com, you accept these terms and conditions. Please read them carefully. You are also advised to regularly check for any amendments or updates to the terms and conditions from time to time. Tambulya.com may add to or change or update these Terms and conditions from time to time entirely at its own discretion. You are responsible for checking these Terms and conditions periodically to remain in compliance with these terms. 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 Tambulya.com. By using the shopping services of tambulya.com you agree to be bound by these terms and conditions. All products/services and information displayed on tambulya.com constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. Tambulya.com reserves the right to accept or reject your offer.

1. Definitions

"Agreement" means the Terms and Conditions (T&C) contained herein along with the Privacy Policy and Terms of Use including other T&C at other portals of tambulya.com under the Bharat atrimony brand name. It will also include references to this Agreement as and when amended, notated, supplemented, varied or replaced.

"Site" means the Tambulya online shopping platform owned and operated by Bharatmatrimony, which provides a venue to the users of bharatmatrimony.com to buy the products listed / displayed at matriminygifts shopping by the Seller.

"Vendor" shall mean the person or any legal entity who offers for sale, sells, puts for auction the products on the tambulya.com / Website. "User" means and includes any Customer / Buyer / You (the person or any legal entity) who accept the offer for sale of the Vendor / Seller products, through tambulya.com by placing its order on this Site.

"Product/s" connotes the goods, services promoted / displayed on the Site and offered for any use / sale.

2. Registration

To avail of and use the Services, the user will have to register with Tambulya.com. As a part of registration process the user agrees to provide Tambulya.com current, complete, and accurate registration information (the "Registration Data") as prompted to do by the Service and to maintain and update this information as required to keep it current, complete and accurate.

If the user provides any information that is untrue, inaccurate not current or incomplete or Tambulya.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete then Tambulya.com has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to Tambulya.com.

The user shall be solely responsible for maintaining the confidentiality of the password. The user has to intimate Tambulya.com within days of any known or suspected unauthorized use of the account or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of the users password.

3. Eligibility

If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Tambulya Wand shall not transact on or use the Website. You may transact with the help of your Parents or your legal guardian. The Indian Contract Act prohibits minor from entering into legally binding contracts.

4. Online Shopping

The user hereby agrees, understands and acknowledges that Tambulya.com is an online shopping platform, a venue enabling the users to buy any product listed on Tambulya. Tambulya.com only acts as a facilitator for such sale and all commercial / contractual terms which are offered and agreed to between buyers and sellers alone. The commercial / contractual terms include without limitation price, shipping costs, date, period, mode of delivery, warranties related to products and services including after sales services related to products and services, etc., over which the seller has complete control and the same may be subject to change.

The agreement between you and Tambulya is subject to the following terms and conditions:-

The user is obligated to complete a transaction if the user indicates his/hers acceptance to purchase any product or service offered on the site. Users shall prohibit from indicating its acceptance to purchase products and services where it does not intend to complete such transactions.

There could be a variation in design, weight, dimensions and color as all products are handmade.

Tambulya.com is neither responsible for any non-performance or breach of any contract entered into between Users nor make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the products or services proposed to be sold or offered to be sold by the seller or purchased by the buyer, on the Website.

Any order placed for a product that is listed at an incorrect price may be cancelled. This shall be regardless of whether the order has been confirmed and/or payment levied. In the event the payment has been processed, the same shall be credited to your account and duly notified to you by email.

Tambulya.com does not at any point of time during any transaction between buyer and seller on Website come into or takes possession of the product(s) or service(s) offered by seller nor does it at any point gain title to or have any rights or claims over the products or services offered by seller to buyer. Tambulya.com shall not and is not required to mediate or resolve any dispute or disagreement between the user and the vendor.

In any credit card transactions, the user must use his/her own credit card. Tambulya.com will not be liable for any credit card fraud. Tambulya is not responsible for non-delivery, unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable.

Partial delivery of product needs to be reported within days of receipt of the product.

Cancellation, on user’s request, may not be allowed, subject to the specific terms and conditions applicable to the type of product or service purchased. Any request for cancellations of orders once duly placed on the site, shall not be entertained. All the items displayed and offered are only for a restricted time and only for the available supply. It is the sole responsibility of the Vendor to dispatch the Product to the User (depending on the Product or Offer Price). In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address) any extra cost towards re-delivery shall be claimed from the User placing the order.

Shipment/delivery time of order processing starts from the day of receipt of the payment/COD (Cash on Delivery) confirmed against the order placed with Tambulya.com. The Shipment /Delivery time is an approximate time mentioned by the vendor against each product. Tambulya shall not be liable for any delay / non-delivery of purchased goods by the Vendors, flood, fire, wars, acts of God or any cause that is beyond the control of Tambulya.

Tambulya.com acts only as a facilitator between the Buyers and the Vendors through online web store and shall in no way be responsible for any quality of product, replacement, damages, additional cost, losses, expenses and/or taxes incurred by Users qua the products. In no event shall Tambulya, its directors, officials, representatives and employees are liable for any damages relating to products sold through its various platforms.

The User hereby agrees to use the services provided by Tambulya.com, its affiliates, consultants and contracted companies, for lawful purposes only.

The onus is on the user to provide authentic and true information during the registration. If upon confirmation, such User’s details are found not to be true (wholly or partly), Tambulya.com has the right in its sole discretion to reject the registration and debar the User from using the Services available at this Website, and / or other affiliated websites without prior intimation whatsoever.

Tambulya 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 behaviour, negligence, or under any other cause of action.

5. Delivery of orders would be done address specific not person specific.

For reported defects on products with manufacturer's warranty the customer needs to contact the relevant service centre of the manufacturer, respectively. Tambulya.com shall not be held responsible for any refund claim in such a case from the customer.

Custom Duty Charges may be levied on some products displayed on the site. These charges shall are not refundable and shall be borne by the customer. In the event of cancellation of the order the Custom Duty Charges levied shall not be refunded.

6. Use of the Website

(i) Grievance Officer

In the event you come across any violation by another user including but not limited to having content in the web site that is obscene, menacing, grossly offensive, harming minors, infringing copyright, patents, etc., or another user is impersonating etc. you may then please be free to provide your concerns  in writing or email us with digital signature to::

The Grievance officer shall be available between 10 am till 6 pm Indian Standard Time from Monday to Saturday excluding Sunday and public holidays in India. The Grievance officer is appointed as per Rule 3 (11) of The Information Technology (Intermediaries Guidelines) Rules, 2011. Any and all complaints to the Grievance Officer shall be in writing

(ii) The Grievance Officer shall handle complaints in relation to the following violation by the User of computer resource as the User is not entitled to host, display, upload, modify, publish, transmit, update or share any information on the Website that —

(a) belongs to another person and to which the User does not have any right to;

(b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, 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;

(c) harm minors in any way;

(d) infringes any patent, trademark, copyright or other proprietary rights;

(e) violates any law for the time being in force;

(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(g) impersonate another person;

(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

(i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

(7) Disclaimer of Warranties

Tambulya does not warrant that the functions contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the servers that make it available are free of viruses or other harmful components, but shall endeavor to ensure user fullest satisfaction. The user hereby accepts and acknowledges that Tambulya.com is merely a facilitator and not a vendor.

Tambulya shall not be made liable for any claims against lack or deficiency of services; non-fulfillment or unsatisfactory fulfillment of products and services purchased by user from the third party. Thus, Tambulya shall not have any liability whatsoever for any aspect of the arrangements between the users of the site as regards the standards of products and services. In no event shall Tambulya be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the products and services; (b) the cost of procurement of substitute products and services; (c) unauthorized access to or alteration of the user's transmissions or data; (d) any other matter relating to the services; 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 Website.

Tambulya shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond the company’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data

Notwithstanding anything contrary contained anywhere, under no circumstances, Tambulya shall be held responsible or liable whatsoever or howsoever, arising out of, relating to or connected with:

i. any act or omission done by payment gateway/alliance partner etc.;

ii. any untrue or incorrect information submitted by you or on your behalf;

iii. any decision taken by you or on your behalf or any consequences thereof, based on any information provided by any other user

iv. any unauthorized or illegal act done by any third party relating to or connected with any information submitted by you or on your behalf;

v. any cybercrime attempted or committed by anyone and

vi. Tambulya shall not be liable for the outcome of during any interaction in a meeting, call, sms, chat, email or social media posts at any point of time

vii. Tambulya shall not be liable for any issues relating to any technical malfunction of any telecommunication network, software, hardware failures, network congestion, denial of service, failure due to spamming or any combination of the above.

(8) Third Party website

Tambulya may allow third parties to put up advertisements on the Website, and Tambulya does not control the contents of such third party advertisement Third party websites to which links are given on Website are not governed by these terms and conditions and all such third party websites are governed by their own terms and conditions for use and privacy policy, and in case of conflict the terms and conditions of the third party Website shall prevail. Tambulya does not in any manner whatsoever authenticate, endorse, verify or certify these third party websites or any contents therein. Please note that a user shall click on links to third party websites at his / her sole risk and responsibility.

(9) Payment

Payment facility is used for the completion of transaction by the Buyer & Seller. Tambulya shall not be liable or responsible for any non-payment, or non-delivery or any issues in after sales or warranty services or any breach of representation as regards the products and/or services listed on Tambulya’s Website.

You have specifically authorized Tambulya to collect, process, facilitate and remit payments and / or the Transaction Price electronically an you understand, accept and agree that the payment facility provided by Tambulya is merely acting in the capacity of facilitator and is not responsible for any non-payment or any gateway issues with respect to such payment.

In case of payment gateway failure the same would be communicated to the user the payment gateway provider Tambulya shall not be responsible for Extra currency/conversion charges/deductions/error issues from payment gateway. In the case of failed online transactions, which result in no services, Tambulya offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts through the payment gateway.

(10) Content.

You acknowledge that you are responsible for the content you provide on our website and information including the picture, photograph and other content(s). You hereby represent and warrant that you own all rights, title and interest in your content/information or have the necessary licenses, rights, consents, and permissions to provide the said content/information. However, by submitting the content/information to Tambulya , you hereby grant Tambulya a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, communicate to the public, law enforcement agencies, courts, and the Tambulya’s business and services, including without limitation for promoting, communicating to the public and redistributing part or all of the content/information (and derivative works thereof) in any media formats and through any media channels./

Tambulya reserves the right to proceed/initiate appropriate steps under the prevailing law against infringement by violators of the its proprietary rights or for illegally copying, modifying, publishing, transmitting, distributing, performing, displaying, or selling of any such proprietary information including using it for commercial purpose in any manner whatsoever.

(11) Privacy

Use of this site is subject to our Privacy policy. Tambulya will not intentionally monitor or disclose any private messages or address information unless required by law, regulation or court order. The user hereby agrees to respect the privacy and confidentiality of others. Tambulya reserves the right to change or update these policies at any time upon reasonable notice, effective immediately upon posting to this site.

(12) Termination / Suspension

Tambulya.com reserves its right to refuse service, restrict, suspend, terminate the users account; (Terminate this Agreement; Terminate or suspend your access to the Web Sites; Move, or remove any product or service that is available on or through the Services; Deactivate or delete your accounts and all related information and files in your account; Establish general practices and limits concerning use of this Site) at any time, in its sole discretion with or without cause, and with or without any prior notice for any violation of the Terms and conditions. Upon such termination or suspension, the user ceases to have any right forthwith to use Tambulya.com. Once the User's registration or the Services are terminated, cancelled or suspended, any data that the User has stored on the Website may not be retrieved later

The User agrees that Tambulya.com may under certain circumstances and without prior notice, immediately terminate the User's user ID and access to the Website/Services. The causes for termination of account may include, but shall not be limited to requests by enforcement or government agencies, etc

(13) Indemnity

User hereby agrees to defend, indemnify and hold harmless Tambulya.com, 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 the use of User's actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the User's infringement 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 Agreement.

(14) Trade Marks

Consim Info is the sole owner of the mark Tambulya.com, Bharatmatrimony.com. These trade marks shall not be used in any manner whatsoever with any other products or services that is not that of Tambulya.com.

(15) Applicable law

The laws of India shall apply and courts in Chennai shall have jurisdiction in respect of all the terms, conditions and disclaimers.

(16) Force Majeure

Tambulya.com shall have no liability to the user for any interruption or delay, to access the Site irrespective of the cause.

(17) Entire Agreement

This 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.

(18) Returns

Damaged/defective goods must be returned in original packaging in order to receive a full refund. Shipment charges incurred by the customer during return of products, if any, will be borne by the Vendor.