Welcome to “www.thetendercurve.com”. All information, products and services displayed on the www.thetendercurve.com website constitute an “invitation to offer”. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions as listed below. The Tender Curve has the right to accept or reject your offer without assigning any reason thereof.
In order to use the www.thetendercurve.com website belonging to The Tender Curve, you (The User) have accepted the following terms and conditions given below. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. We reserve the right to add, delete, alter or modify these terms and conditions at any time.
You (The User) are therefore advised to read carefully these terms and conditions every time you use The Tender Curve website.
1. We have made every effort to display as accurately as possible the appearance, colour, texture or finishes of our products that appear on the website. However, what you see will depend on your computer equipment, screen or monitors, we cannot guarantee that your monitor’s display of colour will be accurate.
2. The User certifies that he/she is at least 18 (eighteen) years of age or has the consent of a parent or legal guardian.
3. The Tender Curve will not be responsible for any damage suffered by users from use of the services on www.thetendercurve.com website. This without limitation includes loss of revenue or 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, negligence, defect, deletion, error, omission, interruption, 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, or under any other cause of action.
4. The prices and availability of products are subject to change without prior notice at the sole discretion of The Tender Curve.
5. Request for cancellations of orders once placed on shall not be entertained.
6. The Tender Curve reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price or for any other reason. This shall be regardless of whether the order has been confirmed and/or payment been received. The payment shall be refunded and the User shall be informed of the same.
7. If a non-delivery or late delivery occurs due to a mistake by the User (i.e. wrong or incomplete name or address or recipient not available) any extra cost spent by The Tender Curve for re-delivery shall be claimed from the User placing the order.
8. The User agrees to give accurate, authentic and true information. The Tender Curve reserves the right to confirm and validate the information and other details provided by the User at any point of time. If any such User details are found not to be true wholly or partly, The Tender Curve has the right in its sole discretion to reject the registration and debar the User from using the services of www.thetendercurve.com website without prior intimation whatsoever.
9. The Tender Curve will not be liable for any type or kind of credit card fraud. The liability to use a card fraudulently will be on the user and the onus to ‘prove otherwise’ shall be exclusively on the user. The User must exclusively use his/her own card on the site.
10. The Tender Curve shall not entertain any complaints after 07 days, once the order is delivered.
11. This agreement shall be construed in accordance with the applicable laws of India. The Courts at Mumbai shall have exclusive jurisdiction in any proceedings arising out of this agreement.
12. We do not discriminate on the basis of age, gender, race, religion, caste, class, lifestyle preference or nationality.
13. Subject to these Terms, we grant to you a non-exclusive, non-transferable, limited license to access, view, use and display the website and website Content on your computer or other device, provided that you comply fully with these Terms. The website and its Contents are for your personal, educational and non-commercial use only. No part of the website or its Content (or any of our products advertised or sold on the website) may be copied, reproduced, republished, exploited, downloaded, uploaded, posted, transmitted, modified, derived, exploited, distributed or used in any manner whatsoever, without our prior written consent or that of the applicable rights owner, except for limited personal, non-commercial or educational purposes as permitted under law.
14. You agree that any information you submit to the website including Personal Information shall not be misleading and shall be true and accurate in all respects. As such, you are and shall remain solely responsible for the content of any submissions you make on the website.
15. The Website features products with suitable product availability. Products are subject to availability so once a Product has sold out it will be taken off the website at the earliest opportunity and may not be available again. As there is a delay between the time when your Order is placed, and the time when the Order is accepted, the stock position relating to particular Products may change. If a Product you have ordered goes out of stock before we accept your Order, then we shall not be liable to you for being unable to provide that Product. If such a situation arises, then we shall notify you as soon as possible and you will not be charged for the out of stock Product.
16. All Product prices are in Indian Rupee & are inclusive/ of value added tax, at the appropriate rate. Prices of Products may change from time to time and any promotional discounts or offers may also be withdrawn at any time. If we discover an error in the price of a Product you have ordered we will be unable to accept your Order and shall contact you as soon as possible in order to give the option of either reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat your Order in respect of the incorrectly priced item as cancelled.
17. We only accept payment for orders in INR. We accept online payment for orders by Maestro, MasterCard, Visa, Visa Debit, American Express, net-banking, Paytm, PayPal, gift cards, e-vouchers & Cash on Delivery (COD).
18. By placing your order, you authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation, to protect you and us from fraud; and to enable us to arrange delivery of your order to your nominated delivery address.
19. You agree, understand and confirm that for the Cash on Delivery (“COD”) details provided by you for availing of services on The Tender Curve website will be correct and accurate. You further agree and undertake to provide the correct and responsible person’s name, valid address and contact details to us at the time of order. We will not use or share this information with any third party unless authorised by you, or required for fraud verifications or by law, regulation or court order. The customer will be liable for his order as soon as the order has been dispatched out of warehouse.
20. Limitation of liability & Indemnity: Except in relation to our contractual obligations to supply goods following acceptance of orders placed on our website, neither we nor any of our directors, employees, suppliers or other representatives will be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever in any way connected with your use of the website. You agree fully to indemnify us, our directors, employees, suppliers or other representatives from and against all liabilities against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the conditions by you or any other liabilities arising out of your use of this website. We may terminate your use of the website immediately if we consider that you have breached these terms and conditions.
21. Trademarks and Copyright statement: All material and content on the website, including but not limited to the images, illustrations, audio clips, video clips, blogs, articles, logos, trademarks and/or service marks are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. You are prohibited from using any content for any purpose including, but not limited to use as meta-tags on other pages or websites on the World Wide Web without the written permission of The Tender Curve or such third party which may own the marks. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content available on or through the website in any way for commercial or public purposes.