TERMS AND CONDITIONS
This Terms and conditions or this document is an electronic record in terms of Information Technology Act, 2000 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 signatures.
By using or visiting website (“www.telsotech.in”), mobile applications (“Waipham Sanpham”), software, data feeds, and services provided to you (collectively the “Platform”) you signify your agreement to these terms and conditions (the “Terms” or the "Terms of Use") and privacy policy (the “Privacy Policy”) of the Company. If you do not agree to any of these terms of use, please do not use the Service or the Platform.
The Platform is owned, controlled and operated by Telso Technologies and Services Private Limited bearing CIN: U72900MN2020PTC014028, a company registered and incorporated under the Companies Act, 2013 in India having its registered office at IED -III Singjamei Imphal West Imphal Manipur 795008, India (the “Company”) including its affiliates, permitted assigns, and partners. The terms “Us” “us”, “We”, “we” “Our” and “our” should be interpreted accordingly.
These Terms of Use, including the various policies incorporated with reference to these Terms of Use, govern your access to and use of the Platform provided by us through it, including our SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services, and our other covered services that may link to these Terms of User (collectively, the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on or as a part of the Services (collectively referred to as “Content”).
Some parts of this Terms of Use are directed at specific types of people. We use some special terminology to refer to them, which we define below. This Policy applies to everyone who uses our Platform and the Services, but sometimes we direct parts of it toward particular groups of users. If you have any questions regarding our Platform or the services, you can email us at info@telsotech.in
“Affiliates” means an individual or entities that Partners with the Company to promote its Products or Services and includes holding, subsidiary or associate Company.
“Delivery Partner” means the Company itself or an Individual or entities that Collaborate with the Company to transport and deliver goods to Hirer.
“Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of the Company.
“Hirers” shall means a User who has agreed to take on rent the offered Product listed on the Platform by the Proprietor;
“Prior written consent or authorization” means a communication issued by the Company’s department, specifically in response to Your request, and specifically addressing the activity or conduct for which User seek authorization.
“Proprietor” shall means a User who has listed a Product on the Company Platform or enter into a contract with the Company, allowing them to list Products to be offered for rent on the platform.
“Products” denotes the items listed on the Platform by Proprietors as part of the Services, available for rent for the Hirers.
“Registration Data” shall mean and may include the present, valid, true and accurate name, email ID, phone number and such other information as may be required by the Company from the User from time to time for registration on the Application.
“You” or “User” are everyone who uses our Services and encompasses any natural or legal person who has agreed to become an end user by accessing the contents of the platform or using the services provided. This involves providing personal information, as outlined in the Privacy Policy, including but not limited to name, address, mobile phone number, age, or a valid payment method (either a credit card or an accepted payment partner) during registration (“Registration Data”). The terms “Your” and “your” should be construed accordingly.
By accessing the Platform or the Services, these terms will automatically apply to You. Interpretation of Number and Genders and Capitalised Words:
The Terms of Use herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”.
Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to the Terms as a whole. The capitalised words used anywhere in these Terms shall have the meaning as is readily inferable from the context or as they are commonly used and understood in their normal commercial sense.
Headings:
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Platform or the Services by You contained herein or any other section or pages of the App or any Linked Sites in any manner whatsoever.
Membership Eligibility:
Access to the Platform or the Services is limited to individuals who can enter into legally binding contracts as per the Indian Contract Act, 1872. If You are a minor, i.e., below 18 years of age, or are otherwise considered ‘incompetent to contract’ under the Indian Contract Act, 1872, You are not eligible to use the Platform or the Services, and registration as a User or transactions on the Platform is prohibited.
For minors intending to transact on the Platform, all transactions must be conducted by their legal guardians/parents, who must be registered Users of the Platform. We retain the right to terminate Your membership and deny access to the Platform or the Services if it comes to our attention or is discovered that You are under 18 years of age or considered ‘incompetent to contract’.
If You reside in a jurisdiction that restricts the use of the Platform because of age, or restricts the ability to enter into contracts due to age, You must abide by such age limits.
Registration and Account:
You understand and acknowledge that You can register on the Platform only after complying with the requirements of membership eligibility clause and by entering Your Registration Data.
You shall ensure that the Registration Data provided by You is accurate, complete, valid, true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.
You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your Account, whether initiated by You or any third party.
Your Account cannot be transferred, assigned or sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your Account, either with or without Your knowledge.
We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if We have a reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or for any other reason, the Company may find just or equitable.
Except for the Registration Data or any other data submitted by You during the use of Platform or the Services, the Company does not want You to, and You should not, send any confidential or proprietary information to the Company on the Platform or otherwise, unless otherwise it is required by Applicable Laws. By accepting these Terms of Use, You agree that any information or materials that You or individuals acting on Your behalf provide to the Company other than the Registration Data will not be considered confidential or proprietary.
It is Your responsibility to check and ensure that You download the correct application for Your device. We are not liable if You do not have a compatible mobile device or if You download the wrong version of the Application for Your mobile device. We reserve the right to terminate the Services and the use of the Application Should You be using the Service or Application with an incompatible or unauthorized device.
We allow You to open only one Account in association with the Registration Data provided by You. In case of any unauthorized use of Your Account please immediately reach Us at support@telsotech.in.
In case, You are unable to access Your Account, please inform Us at info@telsotech.in and make a written request for blocking Your Account. We will not be liable for any unauthorised transactions made through Your Account prior to the expiry of 72 (seventy-two) hours after You have made a request in writing for blocking Your Account, and shall not have any liability in case of Force Majeure Event.
Services:
“Waipham Sanpham” or “www.telsotech.in” is a technology Platform managed by the Company and acting as an intermediary to facilitate interactions among Users, content, and Products for transactions. It serves as a marketplace for listing and renting out various commodities.
The Company acts as an intermediary for these transactions and is not a party to, nor controls, any transaction between Users. Users acknowledges that the Company provides a communication Platform, and any contract for rental of commodities shall be strictly between the Proprietor and the Hirer, with the Company facilitating the delivery on behalf of the Proprietor directly or with the help of any Third Party.
The Company, its affiliates, permitted assigns or partners are not liable for anything whatsoever that is undertaken using this Platform and all commercial/contractual terms are offered by and agreed to between the Proprietor and the Hirer alone.
The commercial/contractual terms in relation to Products include, without limitation, the price, shipping costs, payment methods, payment terms, date, and period of holding. The Company does not have any control in respect of the offering or acceptance of such commercial/ contractual terms between the Proprietor and the Hirer.
The Company does not make any representation or warranty as to specifications (such as quality, value, etc) of the Products proposed to be offered for rent and ordered through the Platform.
The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties. The Company is not responsible for any non-performance or breach of any contract entered into between the Proprietor and the Hirer.
The Company does not guarantee that the concerned Proprietor and the Hirer will perform any transaction concluded through the Platform. The Company shall not and is not required to mediate or resolve any dispute or disagreement between the Proprietor and the Hirer. The Company does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) to any of its Users. You are advised to independently verify the bona fides of any user that You choose to deal with through the Platform and use Your best judgment in that regard.
The Company does not hold any right, title or interest over the Products nor shall the Company have any obligations or liabilities in respect of any transaction or contract entered between the Proprietor and the Hirer. The Company shall provide logistics services wherein the Company or the Company’s delivery partners shall delivers to the Hirer, the Products ordered through the Platform by the Hirer.
Subject to Clause as mentioned above, the Company does not, at any point of time during any transaction between the Proprietor and the Hirer through the Platform, come into or take possession of any of the Products offered by the Proprietor nor does it, at any point, gain title to or have any right or claim over the Products offered by the Proprietor and the Hirer. It does, however, provide warehousing services for the Products as a part of its Services to the Proprietor but does not, in any point in time, gain title to or have any right or claim over the Products offered by the Proprietor to the prospective Hirer. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the Proprietors(s) that You transact with.
You release and indemnify the Company and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of all Users of the Platform and specifically waive any claims that You may have in this behalf under any applicable law.
Use of Service:
You agree and permit the Company, to share any information provided by You with third parties in order to facilitate provision of certain value-added services offered by such third parties to You and/or to provide certain value-added services to You by the Company. You hereby expressly consent to receive communications from the Company/ third parties offering value-added services to You through Your registered phone number and/or e-mail id and/or the Site. You agree that You will not hold the Company, responsible for any such communications received from third parties, nor will any such communication amount to spam, unsolicited communication or a violation of Your registration on the national do not call registry.
By using the Platform, You further agree that:
(i) You will only use the Service or download the Application for Your sole, personal use and will not resell or assign it to a third party;
(ii) You will not use an account that is subject to any rights of a person other than You without appropriate authorization;
(iii) You will not use the Service or Site for unlawful purposes;
(iv) You will not try to harm the Service, Site or our network in any way whatsoever; (v) You will provide such information and documents which the Company may reasonably request; (vi) You will only use an authorized network to avail the Service;
(vii) You are aware that when requesting Services, whether by message, via Site or calling the call center, standard messaging charges, data charges, voice charges, as applicable, of the Your and Our phone network service providers, will apply;
(viii) You are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines noticed thereunder.
Confirmation of the Order:
The Company shall upon receiving the Order request from You, proceed to confirm or decline the order based on the availability of Products at the pickup time and location, which shall be informed to You vide the application or SMS or email. In the event the order is confirmed, You shall check the order details including but not limited to pick up time and pick up place, and if there is incorrect detail, the same needs to be informed to us immediately by e-mail at info@telsotech.in
Upon confirmation of order, a One Time Pin (OTP) shall be provided on the Platform, which shall be further shared by the Hirer with the Delivery Partner at the time of delivery. In the event that the Hirer does not provide OTP to the Delivery Partner, Delivery Partner shall not be responsible for delivery.
You shall bear the consequences and damages for any delay that may be caused to You due to Your failure to check the confirmation message via the application, SMS or email or failure to inform the Company of the incorrect details immediately.
Payment:
While availing any of the payment method(s) available through the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
(i) Lack of authorization for any transaction(s), or exceeding the preset limit mutually agreed by You and between “Bank(s)”, or
(ii) Any payment issues arising out of the transaction, or
(iii) Decline of transaction for any other reason(s).
Total Fee made against the order on the Platform by You shall be compulsorily in Indian Rupees acceptable in India. The Platform will not facilitate transactions with respect to any other form of currency with respect to the orders made on Platform. Before delivering your order to you, Proprietor may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your order. This is done in the interest of providing a safe online environment to our Users.
You understand and agree to pay all applicable taxes included as part of the Total Fee.
You shall choose to pay the Total Fee by the modes of payment available to You by the Company on the Platform, in addition to Cash payment to the Delivery Partner after the completion of the Delivery.
You may choose to pay the Total Fee payable by You, in cash directly to the Delivery Partner upon completion of the Delivery, only if the chosen method of payment is Cash or in such other case the Platform may permit You to pay Cash.
You will be required to provide relevant payment details including Credit Card / Debit Card / Net Banking details (“Card Details”) to process payment of the Total Fee and You authorize the Company and an entity authorized by the Company for providing payment gateway/processor services (“Payment
Processor”) to access the Card details for processing the payment of Total Fee. In this respect, it is clarified that the Payment Processor whose services are utilized for the purposes of the Platform shall be compliant with PCI-DSS (Payment Card Industry – Data Security Standard) or such other standard notified by the relevant authority from time to time. By using the services of the Payment Processor, You understand and agree to the Terms and Conditions of the Payment Processor as may be issued by the Payment Processor from time to time.
Your authorization-
(i) permits the Company and the Payment Processor to debit or credit the bank account or debit/credit card account associated with Your payment details;
(ii) permits the Company and the Payment Processor to use Your Card Details for the processing of transactions initiated by You by accessing your account;
(iii) subject to the prevalent laws, will remain in effect as long as You maintain an Account (and if You delete Your Card Details or Account, the Company or the Payment Processor will not be able to process any further transactions initiated by You); and
(iv) is subject to any other terms and conditions of the Payment Processor specified through the Application, SMS or other methods from time to time.
The Company offers You the facility of making an online payment through an E-Wallet powered by a third party payment processor (“Wallet Service Provider”). E-Wallet money will not be applicable on bookings made through the phone or while the user is not logged into his/her Account on the Site. The processing of payments, in connection with Your use of the E-Wallet will be subject to the terms, conditions, and privacy policies of the Wallet Service Provider that the Company engages for the purpose. The Company will not be responsible for any errors by the Wallet Service Provider in any manner and any dispute arising out of such errors shall be directly settled between You and the Wallet Service Provider. Further, even in cases of E Wallet payments, all Additional Fee (defined below) shall have to be paid by You in cash, to the authority or person concerned or if already paid by the Delivery Partner, to the Delivery Partner. When You choose to make an E-Wallet payment, the Company shall collect the Total Fee on behalf of the Delivery Partner/Proprietor who will be responsible for providing the such Products.
Any payment related issue, except when such issue is due to an error or fault in the Platform, shall be resolved between You and the Payment Processor. The Company shall not be responsible for any unauthorized use of Your E-Wallet during or after availing the Services on the Site.
Subject to these Term of use, the Total Fee paid by You is final and non-refundable, unless otherwise determined by the Company. If any amount paid by You is fully or partially refundable for any reason, such amounts will be refunded to You by the Company to the same account from which the payment was made or if the same could not be processed successfully then as vouchers to be used in the Platform. You may contact the Company for any issues arising therefrom.
Any payment processing-related issue not caused by an error or fault with the Platform must be resolved by You and the relevant Payment Processor.
You agree that use of certain Promo Codes/ Vouchers may result in different charges for the same services and shall not have a bearing on charges applied to You unless the Promo Codes have been specifically made available to You.
In the event of a default or failure to pay the Total Fee for any reason by You:
(i) The Company may restrict You from booking a new order through the Application until the outstanding Total Fee in respect of the previous order has been paid by You;
(ii) You agree and acknowledge that the Company shall recover any outstanding monies payable by You for order in respect of which Total Fee has not been paid; and
(iii) You will be responsible, and must pay, for all costs incurred by the Company (including costs for which the Company may be contingently liable) in any attempt to collect any monies owed by You to Company’s Delivery Partner under these Customer Terms including debt collection agent costs, repossession costs, location search costs, process server costs and solicitor costs on a solicitor/client basis.
Unauthorised Charges on Your card
If You see charges on Your credit/debit card for transaction made through the Platform, but You never created an account or signed up, please check with Your family members or business colleagues authorised to transact on Your behalf, to confirm that they haven’t placed the order. If You are still unable to recognises the charge, please report the unauthorised purchase to the Company within Seven (7) days of the transaction to enable the Company to begin an investigation.
Delivery:
The Company will make a maximum of two attempts to deliver a product ordered by you. In case the Hirer is not reachable or does not accept the delivery of the Product, the Company reserves the right to cancel the order(s) at its sole discretion. An estimated delivery time is displayed on the order summary page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location.
Sometimes, delivery may take longer due to: bad weather, flight delays, political disruptions, or other unforeseen circumstances. In such cases, we will proactively reach out to you. Please check your emails and SMS regularly for such updates. Also, we will not be able to compensate for any mental agony caused due to delay in delivery. The Hirer can cancel the order at any point of time even if the delivery time exceeds the expected delivery time.
In the event Proprietor provides any Product for Use or testing, Hirer shall comply with the following:
(i) Hirer will ensure no damage is caused to the Product in the course of use or testing the same and the same is returned in good condition;
(ii) Hirer agree that the Proprietor can charge You for any such damage caused to the Product while being used or tested by Hirer;
(iii) Hirer shall return the Product at a predetermined time/ date.
In the event of breakdown of the transportation or delivery Vehicle, which is beyond repair, before completion of the delivery, the Company on a best effort basis and at its sole discretion may arrange for a Substitute Vehicle for completion of the delivery to User location. However, the arrangement of Substitute Vehicle shall be subject to its availability.
The Company bears no responsibility and liability for delays and losses suffered by You or caused to You as a consequence of the breakdown of the transportation Vehicle or the Substitute Vehicle.
Cancellation Policy:
The Company will notify on the Platform a Cancellation fee upon cancellation of a Product. You agree and acknowledge that You may cancel Your request for Product at any point of time subject to a Cancellation Fee which is explained below.
You shall be notified of the applicable Cancellation Fee in advance whenever You attempt to cancel a Product request. The notification shall be on the Platform. You understand and agree to pay such outstanding Cancellation Fee as per the payment term Clause of these Terms of Use.
The Company shall provide a receipt of the Cancellation Fee, if any, payable by You for every cancellation in terms of the table above for such cancellations, however, separate invoices raised by the Company for the Cancellation Fee shall be provided to You on request. You may raise a request for a copy of the invoices from the Support page.
The Cancellation Fee shall be payable by You immediately upon levy and the mode of payment of the Cancellation Fee shall be in terms of the Payment Clause of these Terms of Use.
Product Listing and Platform:
The User is solely and completely responsible to verify the accuracy, reliability and genuineness of the listing made on the Platform, Platform or the Company is no way, shall be whether directly or indirectly responsible for any fraud or cheating that may arise due to any fake or incorrect listings.
Proprietor agree not to list a single Product in multiple quantities across various categories on the Platform. The Company reserves the right to delete such multiple listings of the same Product by Proprietor in various categories.
Privacy Policy
Any information provided by the User to the Company is subject to our Privacy Policy, which governs the collection and utilization of your Data. By utilizing the Platform or the Platform Services, you acknowledge that you have reviewed and comprehended the Privacy Policy of the Company and consented to the collection and use of this information, including its transfer to third parties for storage, processing, and utilization by the Company.
As part of providing you the Platform Services, we may need to provide you with certain communications, such as service announcements and administrative messages via e-mail and short messaging service (SMS) or any other mode of communication, electronic or otherwise. These communications are considered part of the Platform and your account, which you may not be able to opt-out from receiving.
You have control over most communications from our service, including notifications about your rental orders, exclusive promotions, updates on rented items, and comments on your posted content. Manage your email and mobile notification preferences in your settings for a personalized experience. By using the Platform, you acknowledge that you've read and comprehended our Privacy Policy. Your continued use implies your acceptance of the terms and content outlined in the Privacy Policy.
No Compensation:
If the quality of any Product, information, or other material obtained by You through the App did not meet the Product specifications displayed on the Platform, no compensation shall be given other than the return and refund or exchange of the Product.
The User cannot request compensation from the Company for any reason, including but not limited to:
(i) any variation in the finish or appearance of the Product;
(ii) any delay in delivery caused by unforeseen circumstances;
(iii) any special, incidental, indirect or consequential damage of any kind caused by or to a Product; (iv) any issue with our delivery partners or their personnel;
(v) any voucher which got deactivated due to the end of expiry date;
(vi) Unavailability of items which the Hirer tried to take on rent, etc.
Unreasonable and unlawful requests for Compensation, over and above the entitled refund, will be treated as loss.
The Company holds the rights to cancel orders and block accounts of such users without any prior Notice.
User Warranty and Representation:
You guarantee, warrant, and certify that you are the owner of the Product content which you submit and that the content does not infringe upon the intellectual property rights or other rights of third parties.
You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered through the Platform.
Exactness Not Guaranteed:
We do not warrant that any Product description or other Content made available through the Platform is accurate, complete, reliable, current, or error-free and assume no liability in this regard.
The Company hereby disclaims any guarantees of exactness as to the finish and appearance of the Products as ordered through the Platform.
Contents Posted on the Platform:
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the User who originated such Content. The Company may not monitor or control the Content posted via the Platform and cannot take responsibility for such Content.
Any use or reliance on any Content or materials posted via the Platform or obtained by You through the Platform is at your own risk as the Company is merely an intermediary for the purposes of these Terms of Use.
Except as expressly provided in these Terms, no part of the Platform and no part of the Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to the App or any other computer, server, application, website or other medium for publication or distribution or for any commercial enterprise, without the Company express prior written consent or authorization.
You may use the information on the Products purposely made available through the Platform for downloading, provided that You:
• do not remove any proprietary notice language in all copies of such documents; • use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; • make no modifications to any such information; and
• do not make any additional representations or warranties relating to such documents.
You shall be responsible for any such Content that you may transmit to and via or post through the Platform. Such Content will become our property and You grant us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now
known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with our Privacy Policy and rules relating to Your Use of the Platform as mentioned herein, and You are not entitled to any payment or other compensation for such use.
The Company may accept posting of any notes, messages, e-mails, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information given by you on the Site (“Posted Content”) by You. You represent that You have obtained all permissions and consents required to post the Posted Content and such Posted Content complies with all requirements of the Posted Content. The Company shall not in any manner be responsible for or endorse the Posted Content.
You agree that when posting Posted Content, You will not:
(i) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, (ii) infringing, obscene, indecent or unlawful topic, blasphemous, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful material or information. (iii) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consents.
(iv) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
(v) Advertise or offer to sell or buy any goods or services for any business purpose, unless the Site specifically allows such messages.
(vi) Conduct or forward surveys, contests, pyramid schemes or chain letters.
(vii) Download any file posted by another user that You know, or reasonably should know, cannot be legally distributed in such manner.
(viii) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. (ix) Deceive or mislead the addressee about the origin of a message or communicate any information which is grossly offensive or menacing in nature.
(x) Restrict or inhibit any other user from using and enjoying the Platform.
(xi) Violate any code of conduct or other guidelines which may be applicable for any particular Posted Content.
(xii) Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
(xiii) Threaten 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.
(xiv) Violate any Applicable Laws or regulations including the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
Limited Use:
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained through the App. Limited reproduction and copying of the Content is permitted provided that the Company’s name is stated as the source and prior written permission of the Company is sought. For the removal of any doubt, it is clarified that unlimited or complete reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the website is not permitted.
Application License:
Subject to Your compliance with these Terms of Use, the Company grants You a limited, revocable, non exclusive, non-transferable and non-sub-licensable license to download and install a copy of the Application on a single mobile device that You own or control and to run such copy of the Application solely for Your own personal use and to use the Site.
You shall not:
(i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Site in any way;
(ii) modify or make derivative works based upon the Service or Application; (iii) create Internet “links” to the Service or “frame” or “mirror” any Site on any other server or wireless or Internet-based device;
(iv) reverse engineer or access the Site in order to
(a) design or build a competitive product or service,
(b) design or build a product using similar ideas, features, functions or graphics of the Service or Site, or
(c) copy, reproduce, record, or make available to the public any ideas, features, functions or graphics of the Service or Site, or
(v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Site.
You shall not:
(i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
(iv) interfere with or disrupt the integrity or performance of the Site, the Application or Service or the data contained therein; or
(v) attempt to gain unauthorized access to the Site, the Application or Service or its related systems or networks.
The Company will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. The Company may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that the Company has no obligation to monitor Your access to or use of the Site, Service or Posted Content, but has the right to do so for the purpose of operating the Site and Service, to ensure Your compliance with these Terms of Use, or to comply with Applicable Law or the order or requirement of a court, administrative agency or other Governmental body. The Company reserves the right, at any time and without prior notice, to remove or disable access to any content that the Company, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site, the Service or Application.
Monitoring:
The Company shall have the right to but not an obligation, to monitor the content of the Platform and the Services, including chat rooms and forums, to determine compliance with this agreement and any operating rules established by the Company and to satisfy any law, regulation or authorised government request. The Company shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Platform. Without limiting the foregoing, the Company shall have the right to remove any material that the Company in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Intellectual Property Rights:
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, the Platform or the Services contains content to which the Company owns all intellectual property rights, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks (the “Company Content”). You acknowledge and agree that you shall not use, copy, imitate, reproduce or distribute any of the Company Content without obtaining the prior written authorization from the Company.
Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any Content that you provide or upload when using the Platform, including but not limited to any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of the Platform. Instead, you hereby grant to the Company a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the aforesaid Content that you post on or through the Platform, subject to the Company’s Privacy Policy.
Some of the Services is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that the Company may place such advertising and promotions on the Platform or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
Trademark, Copyright and Restriction:
The Platform and the Services are controlled and operated by the Company, its partners and associates and Products offered for renting by the respective Proprietor. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights.
All content included on the App, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its User, unless owned by any third party and protected by applicable copyright laws.
All other such content not owned by the Company that appears on the Platform or the Services is the property of the respective owners. All software used on the Platform is the property of the Company and is protected by applicable Copyright laws. Any unauthorised copying or reproduction of the above identified material is strictly prohibited by law.
‘Telso’ “Waipham Sanpham” the Waipham Sanpham logo and other marks indicated on the App are trademarks of the Company and other Company graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dresses of the Company.
The Company’s trademarks and trade dresses may not be used in connection with any Products listed on the Platform in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company that appear on this site are the property of their respective owners.
Platform and Services is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so.
Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, AND is strictly prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
Trademark complaint:
The Company respects the intellectual property of others. In case you feel that your trademark has been infringed, you can write to the Company at info@telsotech.in
General Matters:
The accuracy and confidentiality of your account information is your responsibility: You are responsible for maintaining the secrecy and accuracy of your password, email address, and other account information at all times. We recommend a strong password that you do not use with other services. We are not responsible for personal data transmitted to a third party as a result of an incorrect email address or loss of passwords from you.
Third Party Website:
The Platform may contain links to other websites. When you click on one of these links, you are navigating to another website. We do not accept liability for misuse of any information by any website controller to which we may link. We also do not have any responsibility of liability for the content on websites that use the telsotech.in search functionality. We encourage you to read the privacy statements of these websites, which may differ from ours.
Maintenance:
The Company may at its sole discretion and without assigning any reason whatsoever at any point of time deactivate or/and suspend the Services (as the case may be) without notice to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work and/or the User's access to the Platform. Without prejudice to any other provisions of this Agreement, the Company shall not be liable for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, and no fees or/and charges payable by the User to the Company shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.
Tie-ups:
The Company will be entitled to enter into any tie-up in terms of joint-venture or otherwise with any other institution engaged in the business of providing services analogous and/or similar to those herein contained. In such case, depending upon the modality and the mechanism as may be devised, You will be provided with the services by the Company jointly and/or severally with the party/ies in joint venture. You hereby give Your irrevocable consent and permission to such a tie-up. In the event of such a tie-up, the terms and conditions herein contained will, mutatis mutandis, become applicable in respect of such tie-up arrangement also.
Compliance with Laws:
User should comply with all the applicable laws including but not limited to Income Tax Act, 1961, Trademark Act, 1999, Copyright Act, 1957, Goods and Service Tax Act, 2017, Consumer Protection Act, 2019, Sales of Good Act, 1930, Money Laundering Act, 2002, Transfer of Property Act, 1882, Indian
Contract Act, 1872, Foreign Exchange Management Act, 1999, the Customs Act, the Information and Technology Act, 2000 and the rules and notifications made and issued there under from time to time.
You agree to comply with all applicable laws when using the Platform and/or the Services, and you may only use the Platform or the Services for lawful purposes (e.g., no renting of unlawful or hazardous materials). You will not, in Your use of the Platform or the Services, cause nuisance, annoyance, inconvenience, or property damage. In certain instances, you may be asked to provide proof of identity to access or use the Platform or Services, and you agree that you may be denied access to or use of the Platform or the Services if you refuse to provide proof of identity.
Indemnification:
Each User agrees to indemnify, defend and hold harmless the Company and its affiliates including but not limited to its (and its affiliates’) officers, directors, consultants, agents and employees (“Indemnities”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnities that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by such User pursuant to these General Terms of Use. Further, each User agrees to hold the Indemnities harmless against any claims made by any third party due to, or arising out of, or in connection with, such User’s use of the Website or Services, User’s violation of the General Terms of Use, or User’s violation of any rights of another, including any intellectual property rights.
Limitation of Liability: IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF Rs. 1000/- (Rupees One Thousand only).
The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.
Jurisdiction in INDIA/Bharat only:
Unless otherwise specified, the material through the Platform is presented solely for the use in India. The Company makes no representation that materials made available through the Platform are appropriate or available for use in jurisdictions outside India. Those who choose to access this site from locations other than in India, do so on their own initiative and the Company is not responsible for the renting out of Products from locations/countries other than India/Bharat.
Prohibited Uses:
User agree not to use the Platform or the Services in any way that is unlawful, illegal or in an unauthorised way; is defamatory to any person; is obscene or offensive; promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringes any copyright, database right or trade mark of any other person; is likely to harass, upset, embarrass, alarm or annoy any other
person; is likely to disrupt our service in any way; or advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Mispricing:
Despite our best efforts, a small number of Products in our catalogue are mispriced. However, we may verify prices as part of our renting out procedures. If a Product’s correct price is lower than our stated price, we charge the lower amount and rent out the Product along with a refund of the excess amount as per these Terms. If a Product’s correct price is higher than our stated price, we will cancel your order and notify you of that cancellation.
Disclaimer: In the event the pricing on any Product is reflected incorrectly on the Platform due to some technical issue, typographical error or the Product information published on the Platform is incorrectly displayed or provided by the Proprietor, the Proprietor may cancel your order.
Communications:
You hereby expressly agree to receive communications by way of SMS and/or e-mails from the Company relating to the Services provided through the Platform. To discontinue receiving such information, You may at any point of time visit the specific link provided in the Platform to discontinue the same.
Customer Relationship Management:
All issues while availing our Services can be communicated to us via several modes such as app or website or email. Reporting of any issue needs to be made within 30 (thirty) days of the happening of the issue, failing which, such issue will not be addressed. Any issue reported on channels other than the above may be addressed by the Company only on a best-effort basis. The Company takes no liability for inability to get back on other channels. The Company shall endeavor to respond to Your issues within 2 (two) working days of Your reporting the same and endeavor to resolve it at the earliest possible. It is hereby clarified that issues are resolved on severity basis.
Termination:
The Terms will continue to apply until terminated by either You or the Company as set forth below. If You want to terminate Your agreement with the Company, You may do so by (i) notifying the Company to close Your Account on the Platform; and (ii) not accessing the Platform. Such termination shall take effect 30 (thirty) days after receipt of such notice to the Company. You are obliged to process all service orders received by You through the Platform prior to the date of closure of Your Account on the Platform.
The Company may, at any time, with or without notice, terminate the Terms with You if; (i) You breach any of the provisions of the Terms of Use, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);
(ii) The Company is required to do so by law (for example, where the provision of the Platform Services to You is, or becomes, unlawful or upon receiving request for termination by law enforcement or other government agencies);
(iii) The provision of the Platform services to You by the Company is, in the opinion of the Company, no longer commercially viable or in any way detrimental to the Company, its business or the Platform; or
(iv) You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete;
(v) The Company has elected to discontinue, with or without reason, access to the Platform, Services or any part thereof.
(vi) The Company may also terminate or suspend all or a portion of Your Account or access to the Services with or without reason.
Termination of Your Account may include:
(i) removal of access to all offerings within the Platform or with respect to the Services; (ii) deletion of Your records and Account information, including Your personal information, log in Account, and all related information, files and materials associated with or inside Your Account (or any part thereof); and
(iii) barring of further use of the Platform and Services
The termination of Your Account shall not relieve You of any liability that You may have incurred or may incur in relation to use of Platform or the Services provided prior to such termination; You agree that all terminations shall be made in the Company’s sole discretion and that the Company shall not be liable to You or any third party for any termination of Your Account, or Your access to the Platform and the Services.
If You or the Company terminate Your use of the Platform, the Company may delete any content or other materials relating to Your use of the Platform or the Services and the Company will have no liability to You or any third party for doing so.
Report Abuse
Users are solely responsible for every material or content uploaded on to the Platform. The Company does not review the contents in any way before they appear through the Platform. The Company does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Platform. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc.
If you come across any abuse or violation of these Terms, please report to the Company immediately to:
Name: Jeshiya Moirangthem
Email: info@telsotech.in
Mobile No: 9612300203
Severability:
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
Assignment:
You cannot assign or otherwise transfer the Terms, or any rights granted hereunder to any third party. The Company’s rights under these Terms are freely transferable by the Company to any third party without the requirement of seeking Your consent.
Amendment to the Terms of Use:
The Company reserve the right, at his sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for any modification, alteration or changes.
User continued use of the Platform, following the posting of changes will mean that you accepted and agreed to the revisions. As long as you comply with these terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to access and use the services.
In the event a special feature with its own terms and conditions is offered, the same shall apply in addition to these terms. In case of a conflict of the terms and conditions of such special feature with these terms, the terms specific to the special feature shall prevail.
Grievance Redressal Mechanism:
Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the Grievance Officer through email on the following email Id: info@telsotech.in. Any grievance so received by the Company shall be resolved within the best possible time.
Force Majeure:
The Company shall not be liable for any failure to perform any obligations under these Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under these Terms shall be suspended for so long as the Force Majeure Event continues.
Governing Law and Dispute Resolution:
This Agreement shall be governed by the laws of India. If any dispute and/or disputes arise and/or arises out of this and/or in connection with this Agreement between the User and the Company, the same shall be referred to the sole arbitration to be appointed mutually by both Parties for adjudication of the same in accordance with the Arbitration and Conciliation Act, 1996 and amendment thereof. A sole arbitrator so appointed shall hear and dispose of disputes/differences arising out of or in any way connected with this Agreement. The decision of the arbitrator shall be final and binding on both the Parties. The seat and place of arbitration shall be at Manipur. The language of arbitration proceeding shall be in an English. All cost shall be borne by the non-prevailing Party.
Feedback and Information:
Any feedback You provide on the Platform shall be deemed to be non- confidential. The Company shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that:
(i) Your feedback does not contain confidential or proprietary information of You or of third parties;
(ii) The Company is not under any obligation of confidentiality, express or implied, with respect to the feedback;
(iii) all information provided in the feedback is true and correct and relates to the Services availed by You; and
(iv) You are not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances.
The Company reserves the right to initiate any action against You under the applicable laws for a breach of this representation, including appropriate actions for any defamation allegations. When You provide
feedback on the Platform, You grant to the Company, a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual and unconditional license to: (i) use or reproduce the feedback posted by You on the Platform;
(ii) delete and remove the entire or such part of any feedback posted by You that, in the opinion of the Company, is not in compliance with these Terms of Use; and
(iii) communicate the feedback to other users, including registered trading partners.
Any feedback posted by You on the Platform regarding any Platform service or any support services availed by You may be required to be substantiated by the Company as evidence, as necessitated or requested by the Company.
