Terms & Conditions

 

Last updated on Sept 01, 2013.

These terms and conditions of use ("Terms of Use") of the Website (as defined below) between Think Of Us India Pvt Ltd, d/b/a Think Of Us (hereinafter referred to as or "Think Of Us", also referred to as TOU) and the users/ registrants of the Website ("You" or "Your" or "Yourself" or "User") describe the terms on which Think Of Us offers You access to the Website and the Services (as defined below) through the Website. 

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.

 

YOUR USE OF THE WEBSITE IMPLIES THAT YOU AGREE WITH THE TERMS OF USE. 

 

General

 

1.1

www.Thinkofus.in ("Website") is an Internet based portal owned and operated by TOU, a company incorporated under the laws of India, with its registered office at C 137 Naraina Industrial Area - I,  New Delhi - 110028, India. Use of the Website is offered to You conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by TOU at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.

1.2

TOU shall not be required to notify You, whether as a registered user or not, of any changes made to the Terms of Use. The revised Terms of Use shall be made available on the Website. Your use of the Website and the Services is subject to the most current version of the Terms of Use made available on the Website at the time of such use. You are requested to regularly visit the home page www.Thinkofus.in to view the most current Terms of Use. You can determine when TOU last modified the Terms of Use by referring to the "Last Updated" legend above. It shall be Your responsibility to check these Terms of Use periodically for changes. TOU may require You to provide Your consent to the updated Terms of Use in a specified manner before prior to any further use of the Website and the Services is provided on the Website. If no such separate consent is sought, Your continued use of the Website, following changes to the Terms of Use, will constitute Your acceptance of those changes.

1.3

By (i) using this Website or any facility or Service provided by this Website in any way; or (ii) merely browsing the Website, You agree that You have read, understood and agreed to be bound by these Terms of Use and the Website's Privacy Policy available at the homepage, www.Thinkofus.in.

1.4

TOU agrees to deliver the merchandise ordered by you only at such locations as per the Order Confirmation Form. TOU shall not be liable to deliver any merchandize or Services purchased by Users for delivery in locations outside India shall not be entertained.

 

 

 

Services

 

2.1

The Website is a platform that facilitates the online sale and purchase of branded/unbranded  merchandise and services offered by TOU's various affiliate/ registered merchants/ vendors/service providers at a discounted price ("Services"). The Services are offered to the Users through various modes which shall include, issue of coupons and vouchers that can be redeemed for various services. 

 

Eligibility to Use

 

3.1

The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the TOU system by TOU for any reason whatsoever. If You do not conform to the above qualification, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the Services provided by TOU through Your legal guardian in accordance with the applicable laws.

3.2

TOU reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

3.3

You shall not have more than one active Account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.

 

 

 

User Account, Password, and Security

 

4.1

TOU makes the Services available to You through the Website only if You have provided TOU certain required User information and created an account ("Account") through TOU ID and password or other log-in ID and password, which can include a facebook, gmail, yahoo ID or any other valid email ID(collectively, the "Account Information"). The Services may also be subject to procedures for use of the Website, as per this agreement, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any. If there is any conflict between the Terms of Use and the Additional Terms, the Additional Terms shall take precedence in relation to that service.

4.2

The Website requires You to register as a User by creating an Account in order to avail of the Services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify TOU of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. TOU cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 4.2. You may be held liable for losses incurred by TOU or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.

4.3

The Website also allows restricted access to the Services for unregistered Users.

4.4

You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.

4.5

If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or TOU has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TOU has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).

 

 

 

 

Pricing Information

 

5.1

TOU strives to provide You with the best prices possible on products and services You buy or avail of from the Website. The pricing details for purchase of products and services from the Website are detailed under the Terms of Offer For Sale.

5.2

You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. TOU expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.

5.3

TOU shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by TOU with our acquiring bank from time to time.

 

 

User Obligations

 

6.1

Subject to compliance with the Terms of Use, TOU grants You a non-exclusive, limited privilege to access and use this Website and the Services provided therein.

6.2

You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by: (a) the Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

6.3

You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that You access on the Website in accordance with Section 7.

6.4

You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by TOU. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

6.5

You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. TOU disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in the manner prescribed under Section 17 herein.

6.6

If Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:

    •    Defame, abuse, harass, threaten or otherwise violate the legal rights of others;

    •    Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

    •    Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;

    •    Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;

    •    Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;

    •    Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);

    •    Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any TOU server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;

    •    Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of TOU, including any TOU Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;

    •    Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;

    •    Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.

    •    Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website;

    •    Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of TOU or other third parties;

    •    Conduct or forward surveys, contests, pyramid schemes or chain letters;

    •    Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;

    •    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;

    •    Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

    •    Violate any applicable laws or regulations for the time being in force within or outside India;

    •    Violate the Terms of Use including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere; and

    •    Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.

6.7

You agree that You are solely responsible to TOU and to any third party for any breach of Your obligations under the Terms of Use and for the consequences (including any loss or damage which TOU or its affiliates or its vendors may suffer) for any such breach.

6.8

You agree and acknowledge that TOU is the seller of the products and the services and TOU shall in no manner be deemed to be the manufacturer/OEM/supplier of the products or services on this Website. TOU is only facilitating purchase of the products or services by You from the vendor by providing the Services to You. All products will be governed by the Manufacturer/OEM/supplier applicable terms & conditions and TOU will not be held liable for claims.

6.9

You agree that TOU may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.

 

Product

 

7.1

TOU, through the Website also makes available of variety of branded products and merchandise at an agreed price to You. Purchase of such products will be subject to the Terms of Offer For Sale and such other additional terms, if any, as specified by the Vendor.

7.2

TOU offers SHIPPING for all the products on the Website as per the company's policy, which may be changed by TOU without any notice to You. Octroi charges, wherever applicable, will be decided on each product and may be borne either by TOU/ You.

7.3

All the Products are governed by the terms of warranties provided by the respective manufacturer/ brands. However, in case any product is covered under seller warranty, it shall be specifically mentioned under the product details.

7.4

The price of products offered on the Website is either equal to or lesser than the Maximum Retail Price ("MRP") i.e., the discounted rate prescribed for those products. The MRP and other statutory declarations shall be mentioned on the products and/or on its packaging in accordance with applicable laws.

7.5

In the event You purchase any electronic product/s from the Vendors, TOU shall not be liable for any fault arising from these electronic product/s. You are requested to visit the nearest service station as per user manual, if any or as indicated by the Vendor/s for any default in the electronic product/s. In case if there is no service station located close to you, then, in such circumstances, TOU shall recall the product/s upon your request and send it to the service station on Your behalf. The personnel of service station shall directly get in touch with You for the cost incurred.

 

 

Credit Card Details:

 

8.1 

In certain cases, specifically with regard to particular products/ services, You might be required to provide Your credit or debit card details to the approved payment gateways while making the payment. In this regard You agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. TOU expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card. 

 

 

Delivery of Products:

 

 

9.1 

Your shipping address, pin code will be verified with the database of TOU before You proceed to pay for Your purchase. In the event case Your order is not serviceable by our delivery partners or the merchant or the area is not covered, we would request You to provide us with an alternate shipping address which we expect to have on our partner/merchant's delivery list. In case there is any dispute regarding the shipment of the product or services for the area not covered by TOU, in such cases TOU will not be responsible for the non-delivery of the product. TOU doesn't deliver items internationally. However, You can make purchases on the website from anywhere in the world but at the same time ensuring the shipping address is within India.

 

9.2

In case You book multiple order for the Products and Services in one transaction, TOU would endeavor to ship all Products together. However, this may not always be possible due to some product characteristics and/or logistics' issues. If You purchase multiple Products in single transaction, then all the Products would be dispatched to a single shipping address given by You. If You wish to ship Products to different addresses, then You should book the orders separately based on the delivery addresses.

 

 

Return Policy of Products:

 

10.1 

In the event You receive a damaged / defective product or a product that does not comply with the specifications as per your original order, You are required to get in touch with the customer service team through any of the below mentioned channels:

    a.    call centre at +91 9136008800;

    b.    Filling up the ‘Product Return’ form;

10.2

Upon receiving Your complaint, TOU shall verify the authenticity and the nature of the complaint and if TOU is convinced that the complaint is genuine, TOU will inform the relevant Vendor of such complaint and request for a replacement. However, in the event of frivolous and baseless complaints regarding the quality and content of the products, TOU reserves the right to take necessary legal actions against You and You will be solely liable for all costs incurred by TOU in this regard. You expressly acknowledge that the Vendor selling the defective product/ service will be solely responsible to You for any claims that You may have in relation to such defective product/ service and TOU shall not in any manner be held liable for the same.

10.3

Before accepting shipment of any product, kindly ensure that the product's packaging is not damaged or tampered. If You observe that the package is damaged or tampered, request You to refuse to accept delivery and inform TOU at the earliest. The return process of the product may be restricted by TOU depending on the nature and category of the product.

10.4

In order to return any products sold through the Website, You are required to comply with the below mentioned conditions, viz:

    1.    Please notify TOU of receipt of a damaged/ defective product/service within 48-hours of delivery to You. If You are unable to do so within 48-hours, YOU shall not be held liable for the failure to replace the order;

    2.    Products should be unused;

    3.    TOU will arrange pick-up of the damaged/defective product through its own logistics partner. In the event TOU is unable to do so, TOU will notify You regarding the same and You will be required to dispatch the product using a reputed courier in Your respective area within one (1) day from receipt of such notice. Courier freight charges will be reimbursed in such form as is determined by the logistics team upon prior consultation with TOU;

    4.    Products should be returned in their original packaging along with the original price tags, labels, barcodes, user manual, warranty card and invoices etc.;

    5.    It is advised that the return packets should be strongly and adequately packaged so that there is no further damage of products during transit;

    6.    The returned products are subject to verification and checks by TOU in order to determine the legitimacy of the complaint/ return.

10.5

In the event the return of a product is duly accepted by TOU , the value of such product, as originally paid by You during acceptance of delivery of product or otherwise, will be refunded to You. Refund will be processed based on the mode of payment and TOU or the approved payment gateway will credit Your refunds directly into Your debit/credit card or online accounts or provide You with a cheque in this regard. Refunds will be subject to the following:

    1.    Orders paid online will be refunded within 7-21 working days through the online account or via cheque, depending on the then current circumstances as determined by TOU;

    2.    For Cash on Delivery payments, You will be provided with store credit, to be availed within 90 days of issuance.

    3.    If the product can be repaired by the service centre, TOU would get the same repaired and send it back to You.

    4.    A promo code, once used shall not be refunded in case of cancellation of order either by customer or TOU.

 

Cancellation

 

11.1

Cancellation by TOU: There may be certain orders that TOU is unable to accept and must cancel. TOU reserves the right, at TOU's sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in Your order being cancelled include, without limitation, non-availability of the product or quantities ordered by You, non- availability of the service, inaccuracies or errors in pricing information, or problems identified by TOU's credit and fraud avoidance department. TOU may also require additional verifications or information before accepting any order. TOU will contact You if all or any portion of Your order is cancelled or if additional information is required to accept Your order. If Your order is cancelled after Your credit card has been charged, the said amount will be reversed back in Your credit card account. A promo code, once used shall not be refunded in case of cancellation of order either by Customer or TOU.

 

11.2

Cancellation by the User: In case of requests for order cancellations, TOU reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if TOU receives a cancellation notice and the order has not been processed/ approved by TOU, TOU shall cancel the order and refund the entire amount to You within a reasonable period of time. TOU will not be able to cancel orders that have already been processed. TOU has the full right to decide whether an order has been processed or not. You agree not to dispute the decision made by TOU and accept TOU’s decision regarding the cancellation.

 

11.3

TOU reserves the right to cancel any orders that classify as 'Bulk Order' as determined by TOU as per certain criteria. Any TOU cash or Promo Code used for placing the 'Bulk Order' will not be refunded as per this cancellation policy. An order can be classified as 'Bulk Order' if it meets with the below mentioned criteria, which may not be exhaustive, viz:

    a.    Products ordered are not for self-consumption but for commercial resale

    b.    Multiple orders placed for same product at the same address

    c.    Bulk quantity of the same product ordered

    d.    Invalid address given in order details

    e.    Any malpractice used to place the order