Terms & Conditions

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable 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.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of https://tafetribe.com/ website.

User Agreement

This User Agreement encompasses the regulations, policies, terms and conditions that apply to anyone accessing or using TAFE TRIBE, including its subdomains, webpages, and extensions of tafetribe.com. By accessing or using TAFE TRIBE, you acknowledge and agree to abide by the terms outlined in this User Agreement.

The usage of TAFE TRIBE and its services is subject to the rules, regulations, policies, notices, and terms and conditions specified in this User Agreement. Throughout this User Agreement, the terms 'User' and, when contextually appropriate, 'You' (or any relevant variation), refer to any individual or legal entity that has consented to become a user of TAFE TRIBE. This includes individuals who access or browse the Website and/or those who have registered as members of TAFE TRIBE. By providing identification information/registration details through TAFE TRIBE's computer system and accepting the electronic record of the User Agreement, such users have acquired a unique username and a confidential alphanumeric key (password) for utilizing the Website.

Amendment

Touchstone Enterprises Private Limited (hereinafter referred to as the "Company") reserves the right to modify this Website and/or amend the terms and conditions of this User Agreement at any time. The Company also retains the right to deny access to individuals whom the Company believes have violated the provisions of this User Agreement. Please be informed that any changes to the User Agreement or the rules and policies incorporated herein by reference will be communicated solely through publicly accessible links on the Website. By accessing, browsing, or using this website, you agree that such notification on the Website constitutes sufficient notice for all purposes. The updated version or revised terms will become effective as soon as the Company publishes them on the Website.

If the User Agreement undergoes significant changes, the Company will provide a prior notice of 30 days by posting the changes on the Website and sending an email to the address provided by the User to the Company. For the purposes of this User Agreement, a "substantial change" refers to any alteration to the terms that either reduces your rights or increases your responsibilities.

Eligibility

TAFE TRIBE and its services are intended for use only by individuals who can enter into legally binding contracts as per the Indian Contract Act, 1872. Individuals classified as "incompetent to contract" under the Indian Contract Act, 1872, which includes minors, individuals of unsound mind, and undischarged insolvents, are not eligible to use TAFE TRIBE. Minors are prohibited from accessing or registering as users, as well as from buying or selling any items on TAFE TRIBE.

If you are representing and registering as a business entity, by accepting the User Agreement, you confirm that the entity possesses the necessary authority under applicable law to enter into the User Agreement. You further assert that you have been duly authorized by the business entity to accept this User Agreement and have the authority to legally bind the business entity to its terms.

Registration and Communication:

By registering on TAFE TRIBE, you acknowledge and agree that we may contact you through various communication channels (Email/Chat/Telephone call) for order confirmation or service-related information using the contact details you provided. TAFE TRIBE will not be held responsible for any legal consequences arising from incorrect information provided by you.

You agree that your sole purpose for registering or using TAFE TRIBE is to buy or sell unique Indian handicraft products, including environmentally friendly and ethnic products, or any other products specifically authorized by the Company on the Website. You agree not to use TAFE TRIBE for any other purpose, including buying or selling products that are prohibited by applicable law.

When registering or providing information on TAFE TRIBE, you agree to provide true, accurate, and complete information. You are prohibited from misrepresenting your identity or using someone else's identity to login or register. It is your responsibility to maintain and update your information on TAFE TRIBE to ensure its accuracy, currency, and completeness. If you provide untrue, inaccurate, outdated, or incomplete information, or if the Company has reasonable grounds to believe so, the Company reserves the right to suspend, terminate, or block your access to TAFE TRIBE indefinitely.

Terms of Use:

You understand and agree that the Company acts as a host, providing services to Users who access TAFE TRIBE for the purpose of buying and selling unique Indian products that are legally permitted. All items and their contents listed on TAFE TRIBE are advertised and listed by Users who are third-party sellers or buyers. You also grant permission to the Website and the Company to indefinitely store details and records of your TAFE TRIBE usage. However, this does not impose any obligation on the Company or the Website to do so.

Currently, membership on TAFE TRIBE is free, and there are no charges or fees for browsing or buying on the platform. However, fees will be charged to sellers for listing items on TAFE TRIBE or availing other services provided by the Company, such as packing, warehousing, and courier services, as specified in the Facility Charges Policy. The Company reserves the right to introduce new services or modify existing services on TAFE TRIBE. The Company may also introduce fees for new services or amend/introduce fees for existing services at its sole discretion. Any changes to the User Agreement, rules, and policies of the Company will be posted on TAFE TRIBE and will become effective immediately upon posting.

All fees and charges will be quoted in Indian Rupees and must be paid to TAFE TRIBE Handicrafts Private Limited within the specified time mentioned in the invoice. You are responsible for paying all charges associated with using TAFE TRIBE and must pay any applicable taxes, charges, cesses, etc. In the event of non-payment, the Company reserves the right to issue a warning or suspend or terminate your membership with TAFE TRIBE, denying access to the platform. The Company also reserves the right to take legal action in case of non-payment of charges or fees.

If you make a purchase on TAFE TRIBE, you agree to comply with the terms and conditions outlined in the Policy for Buyers. Similarly, if you intend to sell anything on TAFE TRIBE, you agree to comply with the terms and conditions specified in the Policy for Sellers.

The Company offers various value-added services such as listing, packing, courier, warehousing, and design services (TAFE TRIBE Logistics) to sellers who choose to avail themselves of these services. Sellers using TAFE TRIBE Logistics agree to adhere to the terms and conditions set out in the Policy for TAFE TRIBE Logistics. Charges for these services will be applied as outlined in the Facility Charges Policy.

You agree that the Company may engage third-party service providers, including affiliates, to provide backend operations and support as instructed by the Company. This may include activities such as collection, processing, and remittance of the Transaction Price using authorized banking infrastructure to facilitate payment collection and remittance, including logistics partners.

The Company does not originate or transmit any communication or information on behalf of Users, nor does it modify the contents of any transmitted communication. The Company has no control over third parties or the contents generated by Users on TAFE TRIBE.

Any information you provide to the Company or submit on TAFE TRIBE, including during the registration, buying, or listing process, feedback area, or via email communication, is solely your responsibility. The Company merely acts as a platform for distributing, publishing, displaying, or using such information by Users. The Company or the Website is not liable for the accuracy, appropriateness, or legality of such information.

User Obligations

The manner and conditions of delivery, payment, insurance, and other contractual terms between buyers and sellers on TAFE TRIBE should be independently agreed upon by the users involved in the transaction.

You should consider TAFE TRIBE as a passive platform used by users to create listings and share information about their items for sale. Other users can discover and view this information to potentially make purchases or provide feedback on items or sellers.

You agree not to host, display, upload, modify, publish, transmit, update, or share any information or list any items that:

  • Belong to someone else without proper rights.
  • Are extremely harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of privacy, hateful, racially or ethnically objectionable, disparaging, related to money laundering or gambling, or otherwise unlawful.
  • Harm minors in any way.
  • Infringe on patents, trademarks, copyrights, trade secrets, rights of publicity, privacy, or involve the sale of counterfeit or stolen items.
  • Violate any current laws.
  • Deceive or mislead recipients/users with offensive or threatening messages.
  • Impersonate another person or use an anonymous proxy.
  • Contain software viruses, computer code that interrupts or damages computer resources, or other harmful elements.
  • Threaten national unity, integrity, defence, security, or sovereignty, or incite criminal activity or insult other nations.
  • Provide false, inaccurate, or misleading information.
  • Offer or attempt to trade in items prohibited or restricted by applicable laws, rules, regulations, or guidelines.
  • Create liability for the website, the company, or hinder services provided by ISPs or other suppliers.
  • Link to prohibited items or websites listed in the User Agreement or any other applicable laws.
  • Promote external websites or webpages on TAFE TRIBE.

Violation of these provisions may result in immediate termination of access to TAFE TRIBE without notice, and any offending information displayed or submitted on the platform can be promptly removed.

It is your responsibility to maintain backups of the information and data you provide. TAFE TRIBE is not obligated to restore or keep backups of your information, and the website and company are not liable for any loss of data.

You are prohibited from manipulating or attempting to manipulate item prices on TAFE TRIBE. Unauthorized access to information or databases from TAFE TRIBE or its servers is strictly prohibited.

Any attempt to circumvent or manipulate your obligations under this User Agreement may result in termination of access to TAFE TRIBE and potential legal action.

If you become aware of any transaction or attempted transaction on TAFE TRIBE that violates this User Agreement or applicable laws, you must promptly inform the Company at websales@offineeds.com

When providing visible feedback on TAFE TRIBE, exercise caution in making factual comments and avoid posting defamatory, illegal, offensive, or obscene content.

You are not permitted to disclose or distribute another user's information to a third party or use it for unauthorized purposes, including marketing, without the user's explicit consent.

Advertising on the website in any form is prohibited. Additionally, you may not use the website to promote your own or anyone else's business or interests, unless explicitly allowed by the Company in writing.

During a dispute, you must not attempt to receive funds from both the Company and/or its service providers and the buyer or seller simultaneously, which is referred to as "double dipping."

Disclaimers

TAFE TRIBE functions solely as a platform where users can meet and interact for their transactions. The Website or the Company does not have any involvement or control over the transactions between users on TAFE TRIBE.

All commercial and contractual terms are solely between buyers and sellers, based on their independent bilateral agreements. These terms encompass various aspects such as price, shipping costs, payment methods, payment terms, delivery date, period, mode, and warranties related to the items being sold. The Company neither controls nor advises on these terms, nor does it participate in the offering or acceptance of such terms between buyers and sellers. Additionally, please note that a listing may end if another user purchases the item, if the user who listed it chooses to end it, or if the listing expires after a specified period.

The Company is not involved in the buying and selling of items on the Website, and it bears no liability or responsibility for any non-performance or breach of contract between users (buyers and sellers). This includes issues such as non-delivery, non-receipt, non-payment, damage, breach of warranties, or any fraudulent activities related to items listed on TAFE TRIBE. Users acknowledge that the Company will not be held responsible for any damages, interests, or claims arising from the non-processing or delayed processing of a transaction or transaction price, beyond the Company's control. The Company is not obligated to mediate or resolve disputes between users.

The Company does not provide any representation or warranty regarding the attributes (such as quality, worth, marketability, merchantability, or usefulness) of the items listed or purchased on TAFE TRIBE. Specifically, the Company does not endorse or support the sale or purchase of any items on the Website, whether implicitly or explicitly. The Company shall not be liable for any errors or omissions, whether on its own behalf or on behalf of third parties.

The Company does not provide any representation or warranty regarding the attributes (such as legal title, creditworthiness, or identity) of its users. It is advised that you use your own judgment and independently verify the credibility of any user you choose to engage with on TAFE TRIBE.

TAFE TRIBE serves as a platform for users to reach a larger audience for buying and selling unique Indian products. The Company offers the Website as a communication platform and hosting service for information, and it is understood that the contract for the sale of any item is strictly between the seller and the buyer. The Company does not acquire any rights, title, or interest in the items, nor does it assume any obligations or liabilities related to such contracts. The Company is not responsible for unsatisfactory or delayed performance by sellers or for damages or delays resulting from items being out of stock, back-ordered, or otherwise unavailable. All items offered by sellers are subject to availability and for a limited time only.

The Company, along with its suppliers, affiliates, and service providers, provides TAFE TRIBE and its services, including TAFE TRIBE Logistics and the TAFE TRIBE authorized Payment Gateway facility for electronic payments, on an "as is" basis without any warranty or condition, whether express, implied, or statutory. The Company explicitly disclaims any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. You agree that your use of TAFE TRIBE and the TAFE TRIBE authorized payment gateway facility is at your own risk.

By using TAFE TRIBE, you release and indemnify the Company, its officers, and representatives from any costs, damages, liabilities, or other consequences arising from the actions of other users on TAFE TRIBE. Furthermore, you waive any claims you may have under applicable law in this regard. Despite the Company's reasonable efforts, it cannot control the information provided by other users on the Website. Therefore, you should exercise caution and engage in safe trading practices when using the Website. Please be aware that there may be risks involved in dealing with foreign nationals, underage individuals, or people acting deceptively.

Limited liability of the Company

Under no circumstances shall the Company, its suppliers, affiliates, and service providers be held liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses. These damages may arise in any manner, including negligence, in connection with TAFE TRIBE, the TAFE TRIBE authorized payment gateway facility, services provided by the Logistics Partner, or any other services mentioned in this User Agreement.

The Company's liability in any situation is limited to the amount of charges or fees, if any, paid by you to the Company. The Company, along with its associates, affiliates, service providers, and technology partners, does not make any representations or warranties regarding the accuracy, reliability, completeness, and timeliness of any content, information, software, text, graphics, links, or communications provided through the use of TAFE TRIBE. Additionally, the Company does not guarantee error-free and uninterrupted operation of TAFE TRIBE, the Logistics Partner, or the TAFE TRIBE authorized payment gateway facility.

The Company assumes no liability for any monetary or other damages suffered by you due to:

  • The delay, failure, interruption, or corruption of any data or information transmitted during the use of the Website or the TAFE TRIBE authorized payment gateway facility.
  • Any delays, failures, interruptions, or errors in the operation of TAFE TRIBE, the Logistics Partner, or the TAFE TRIBE authorized payment gateway facility.

Indemnity

You agree to indemnify and defend the Company, its parent company, subsidiaries, affiliates, third parties, and their respective officers, directors, agents, and employees against any claims, demands, actions, including reasonable attorneys' fees, brought forth by any third party or resulting from your breach of the User Agreement, including the referenced rules and policies, or your violation of any laws, rules, regulations, or the rights of a third party.

Payment

Payments for items on TAFE TRIBE can be made in two ways, as determined by the seller: (i) Payment on Billing, which can be done through the TAFE TRIBE authorized payment gateway facility or by depositing cash, cheque, or demand draft into the Company's bank account; or (ii) Payment on Delivery, where cash on delivery or other permitted methods of payment approved by the Company on TAFE TRIBE can be used.

When buying or selling items on TAFE TRIBE, you agree not to make payments in any manner other than those provided, without the prior consent of the Company.

By using TAFE TRIBE, you acknowledge and authorize the Company to collect, process, facilitate, and remit payments and/or the Transaction Price through the prescribed methods of payment, such as Payment on Billing or Payment on Delivery, to and from other Users involved in the transactions.

To enable transactions on TAFE TRIBE, the Company provides an electronic payment facility called the TAFE TRIBE authorized payment gateway, offered by E-billing Solutions Private Limited on the Website. This payment gateway allows for automated collection and remittance services using the facilities of various Indian banks, financial institutions, credit/debit/cash card brands, third-party service providers, payment card industry issuers, and other authorized infrastructure approved by the Reserve Bank of India. The use of the TAFE TRIBE authorized payment gateway facility is subject to the terms of the User Agreement and the prescribed rules and policies.

The Company will make reasonable efforts to inform the Nodal Bank (defined below) in a timely manner regarding requests for electronic debits and credits involving the Issuing Bank. However, factors beyond the Company's control, including actions of the Issuing Bank, Nodal Bank, banking system delays, or delays in the infrastructure of banks, credit/debit/cash card providers, or financial institutions authorized by the Reserve Bank of India, may affect the time required for collection/remittance of the Transaction Price through the TAFE TRIBE authorized payment gateway facility. The Company does not provide any guarantees regarding the processing time and shall not be liable for any actual or consequential damages arising from claims of delay.

The Company has appointed Citibank Ltd., a banking company incorporated in the United States of America, as the Nodal Bank. The Nodal Bank operates in India and has an office at Citibank NA, Citibank Card Centre, Citi Tower, 61 Dr. S S Rao Road, Parel, Mumbai 400012. The Company maintains a Nodal bank account with a bank operating in India. The Company reserves the right to replace or remove the Nodal Bank at its sole discretion, without prior notice.

Any refund claims for payments made to the Company will be directed to the seller's account, and the Company shall not be held responsible for such claims, including service charges or any other fees.

By providing the TAFE TRIBE authorized payment gateway facility or any other payment method to users, the Company does not act as a trustee or in a fiduciary capacity concerning the Transaction or the Transaction Price.

Consent and Privacy Policy

By using TAFE TRIBE or providing your information, you agree to the collection and use of the disclosed information by the Company on TAFE TRIBE and the TAFE TRIBE authorized payment gateway facility. The personal information/data, including information provided by you during a transaction, will be treated as strictly confidential and retained according to the Privacy Policy, which is incorporated herein by reference, as well as applicable laws and regulations such as the Information Technology Act, 2000 and its related rules. The Company does not sell, rent, or disclose your personal information to third parties for their marketing purposes without your explicit consent. The Company only uses your information as described in the Privacy Policy. If you do not agree to the transfer or use of your information in this manner, please refrain from using TAFE TRIBE.

The Company places great importance on protecting users' privacy, considering the personal information provided by users as one of its most valuable assets. The information provided by you is stored and processed in computers located in India, protected by physical and reasonable technological security measures and procedures in compliance with the provisions of the Information Technology Act, 2000 and its related rules.

Breach

The Company may take appropriate action at its sole discretion, which may include cancelling transactions or payments, limiting your activity, immediately removing your information or listings, terminating your listing, warning other users about your actions, temporarily or permanently suspending, or blocking your membership, refusing your access to TAFE TRIBE, or initiating any legal action deemed necessary, particularly in the following circumstances:

  • You violate any provisions of this User Agreement, including the rules, policies, documents, and terms and conditions incorporated therein by reference.
  • Any misuse of the TAFE TRIBE authorized payment gateway facility.
  • The Company is unable to verify or authenticate any information provided by you.
  • The Company believes that your actions may cause legal liability to the Company, other users, or yourself. Any actions, omissions, or decisions taken by the Company will not waive any rights or claims that the Company may have against you.

Users who have been suspended or blocked are prohibited from registering or attempting to register with TAFE TRIBE or using TAFE TRIBE in any manner until reinstated by the Company. However, if you breach the User Agreement, rules, policies, or other incorporated documents, the Company reserves the right to recover any outstanding amounts owed by you and take strict legal action, including but not limited to involving the appropriate authorities for criminal or other proceedings against you.

Grievance Resolution Process

If you have any grievances, objections, or complaints regarding the Website, other Users, the TAFE TRIBE authorized payment gateway facility, or the Company, including any concerns about the suspension, termination, or blocking of your membership or right to use TAFE TRIBE, please promptly raise such matters with the designated Grievance Officer at websales@offineeds.com. Provide all necessary information and/or documents to enable the Company or Grievance Officer to address the issue.

The name and contact details of the Grievance Officer, as required under the Information Technology Act, 2000 and related rules, are published on TAFE TRIBE.

General

None of the provisions in this User Agreement should be construed as creating a partnership or agency relationship between you and the Company. You have no authority to bind the Company in any manner.

Unless explicitly stated otherwise, any notices intended for the Company should be sent by email to websales@offineeds.com, and any notices from the Company to you will be provided to the email address you provided during the registration process. Notice will be deemed received 24 hours after the email is sent, unless the sending party is notified of an invalid email address. Alternatively, we may give notice to you by registered mail, prepaid with return receipt requested, to the address you provided during registration. In such cases, notice will be deemed given 3 days after the date of mailing.

If any clause of this User Agreement, or its application to any User or circumstance, is deemed invalid, void, or unenforceable to any extent, it will not affect the remainder of this User Agreement and the application of such unenforceable provision to Users or circumstances other than those for which it is held invalid or unenforceable. Each provision of this User Agreement will remain valid and enforceable to the fullest extent permitted by law.

This User Agreement, along with the rules and policies incorporated by reference, constitutes the entire understanding and agreement between you and the Company regarding the subject matter discussed herein.

The Company, at its sole discretion, may assign or transfer its rights and obligations under this User Agreement to another person without obtaining your prior consent, provided that the Company assigns this User Agreement on the same terms or terms that are no less favourable to you.

All remedies available to the Company under this User Agreement, whether provided herein or conferred by statute, civil law, common law, custom, or trade usage, are cumulative and not alternative. They may be enforced successively or concurrently.

Arbitration

In the event of any dispute arising between you and the Company while using TAFE TRIBE, the TAFE TRIBE authorized payment gateway facility, TAFE TRIBE Services, or any related services provided by the Website, or thereafter, concerning the validity, interpretation, implementation, or alleged breach of any provision of the User Agreement and/or TAFE TRIBE authorized payment gateway Agreement, or the rules, policies, and documents incorporated therein by reference, the dispute shall be referred to a sole arbitrator. This arbitrator will be an independent and impartial third party selected by the Company, and their decision will be final. The arbitration proceedings will take place in Mumbai, and they will be governed by the Arbitration & Conciliation Act, 1996. The language of arbitration shall be English.

Governing law

This User Agreement, along with all rules, policies, and documents incorporated by reference, shall be governed and interpreted in accordance with the laws of India. The courts in Mumbai shall have exclusive jurisdiction over any disputes. This document is an electronic record under the provisions of the Information Technology Act, 2000, and its subsequent amendments concerning electronic records in various statutes. This electronic record is generated by a computer system and does not require any physical or digital signatures.