Terms and Conditions
YOUR ACCEPTANCE OF THIS AGREEMENT: This is an agreement between You ("you”,” your" or “user”), service providers listed on Tesz and any related mobile or software applications of Tesz (“Agents”, "you”,” your" or “user”) and Tesz Limited. ("Tesz" "we," or "our") that governs your use of the search or any other services (“Services”) offered by Tesz through its website www.tesz.in ("Website") or any other medium (collectively "portal").
Use of the portal is offered to you conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by Tesz at its sole discretion and posted on the Website.
1) Membership Eligibility
Use of the Portal is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Tesz portal and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Tesz reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Tesz’s notice or if it is discovered that you are under the age of 18 years.
2) Your Account and Responsibility
3) Transaction at Tesz Portal
i) Tesz portal facilitates Agent and Users to interact with each other for the purposes of commercial/contractual transactions. In this transaction Tesz is acting as an intermediary, by creating a bridge between Agent and Users of Tesz enabling users to place orders/bookings/request through various portals.
ii) All commercial/contractual terms are offered by and agreed to between You and Agents alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Tesz does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the User and Agent.
iii) Tesz does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Portal. Tesz does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Tesz accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
iv) Tesz is not responsible for any non-performance or breach of any contract entered into between You and Agents. Tesz cannot and does not guarantee that the concerned Agents and/or You will perform any transaction concluded on the Tesz portal. Tesz shall not and is not required to mediate or resolve any dispute or disagreement between Agent and You
v) Tesz does not at any point of time during any transaction between Agent and You on the Portal come into or take possession of any of the products or services offered by Agent nor does it at any point gain title to or have any rights or claims over the products or services offered by Agent to You
vi) The contents of this Website are for informational purposes only. Tesz disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Tesz reserves the right to make changes and corrections to any part of the content of this website at any time without prior notice. Tesz does not guarantee the fees/ charges listed in the Website. Unless stated otherwise, all pictures and information contained on this Website are believed to be in the public domain as either promotional materials, publicity photos, photoshoot rejects or press media stock. Please email a Takedown Request (by using the Contact Us on the home page) to the webmaster under the terms of the Digital Millennium Copyright Act if you are the copyright owner of any content on this website and you think the use of the above material violates the Copyright act in any way. Please indicate the exact URL of the webpage in your request.
vii) Tesz is only providing a platform for the purposes of transaction and communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between You and Agent.
viii) At no time shall Tesz hold any right, title or interest over the products nor shall Tesz have any obligations or liabilities in respect of any transaction between You and Agent. Tesz is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable etc.
ix) Prices mentioned on the Tesz portal are subject to change. You are hereby advised to check with Agent for the final price, availability of the product and shipping charges (if applicable)
x) Pricing on any product(s) as is reflected on the portal may due to some technical issue, typographical error or product information published by agent may be incorrectly reflected and in such an event agent may cancel such your order(s).
xi) Tesz collects, directly or indirectly, and displays on the Website, relevant information regarding the profile of the Agents listed on the Website, such as their services, fees, location, and similar details. Tesz takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Tesz screens and vets the information submitted by the Agents, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
xii) The Services provided by Tesz or Agents are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Tesz does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Tesz does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Tesz disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Tesz or any User in relation to any User or services provided by such User.
xiii) The Website may be linked to the website of third parties, affiliates and business partners. Tesz has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Tesz endorses the linked site. User may use the links and these services at User’s own risk.
The terms in this clause are applicable only to Agents.
i) Tesz, directly and indirectly, collects information regarding the Agents’ profiles and contact details. Tesz reserves the right to take down any Agent’s profile as well as the right to display the profile of the Agents, with or without notice to the concerned Agent. This information is collected for the purpose of facilitating interaction with the users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Tesz immediately to enable Tesz to make the necessary amendments.
ii) Tesz shall not be liable and responsible for the ranking of the Agents on external websites and search engines
iii) Tesz shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by Tesz, where the User has expressly or implicitly consented to the making of disclosures or publications by Tesz.
iv) Agents explicitly agree that Tesz reserves the right to publish the Content provided by Agents to a third party including content platforms.
v) You as a Agent hereby represent and warrant that you will use Tesz in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Tesz accepts no liability for the same.
Membership on the Website is free for You. Tesz does not charge any fee for browsing and buying from any of its portals however, we reserve our right to charge the fee and/ or change fee policy as may be applicable from time to time.
6) Content disclaimer
We have no control over and are not responsible for the content of any third-party websites linked to or framed within the Website, or any third-party advertisements and we expressly disclaim (and do not endorse or verify) the accuracy or reliability of the content on any such third-party websites. Those links are provided for your convenience only and may not remain current or be maintained. Website links on this Website should not be construed as an endorsement, approval or recommendation by us of the linked website or its content. We are not responsible for the content or privacy practices associated with linked websites. When viewing a third party website, you should read the terms, conditions and privacy statements detailed on that website. Your use of or reliance upon such third-party websites is at your own risk.
We derive our information from sources which we believe to be accurate and up to date at the time of publication. All information provided on the Website is provided in good faith. We do not make any representation or warranty that the information provided is timely, reliable, accurate or complete, and will not be liable for any claim or loss resulting from any action taken, or reliance made by you on any information, material or advice provided on the Website, or for any incorrect information provided on the Website.
Tesz reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the portal. Where appropriate, we will endeavor to update information listed on the Website on a timely basis, but shall not be liable for any inaccuracies.
All those sections in the portal that invite reader participation will contain views, opinion, suggestion, comments and other information provided by the general public, and Tesz will at no point of time be responsible for the accuracy or correctness of such information. Tesz reserves the absolute right to accept/reject information from readers and/or users and impose portal access rules and regulations for any user(s).
While every attempt has been made to ascertain the authenticity of the content in the portal, Tesz is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the portal including but not limited to any decisions based on content in the portal resulting in loss of data, revenue, profits, property, infection by viruses etc.
7) Warranty Disclaimer:
Any provider of products or services is entitled to register with Tesz. Tesz provides the goods/services related information on its portal which has been provided/shared by agents. Before availing any products/services you must satisfy yourself about all relevant aspects prior to placing an order for goods or services or before entering into any transaction. Tesz has also not negotiated or discussed any terms of engagement with any of the agent. Booking, purchasing and availing goods and services from agents shall be at your own risk.
We do not represent the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the portal.
References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the portal.
THE MATERIAL/INFORMATION/SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT UNLESS OTHERWISE AGREED BY TESZ IN WRITING. TESZ DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE PORTAL AND MATERIALS. TESZ DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TESZ DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, PRODUCTS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE PORTAL SUBJECT TO APPLICABLE LAW.
8) Additional Disclaimer:
Users (You) using any of Tesz service across the following portal i.e. through internet Website (www.tesz.in) or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before You (Users) rely, act upon, make any bookings or enter into any transaction with the Agent listed with Tesz.
All the users are cautioned that all and any information/products or services of whatsoever nature provided or received from the Agent is taken in good faith, without least suspecting the bonafide of the Agent and Tesz does not confirm, does not acknowledge, or subscribe to the claims and representation made by the agent listed with Tesz. Further, Tesz is not at all responsible for any act of Agent listed at Tesz or any claims arising owing to or pursuant to such acts of the Agent.
9) IPR Infringement
If you notice that any Intellectual Property right has been violated by any of our agents, you may follow the process as may specified under the infringement policy.
10) Unlawful Activity
We reserve the right (at our discretion) to investigate complaints or reported violations of the Terms and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third-parties and disclosing any information necessary or appropriate to such persons or entities relating to your registration data, usage history, posted materials, IP addresses and traffic information etc.
11) Risk and Title
Risk in the products/services passes to you upon delivery of the products/services to the delivery address by the Agent. Tesz does not have any liability and you shall have no claim against Tesz, for any loss or damage that the products/services provided to you may have suffered during transit.
In no event shall Tesz, its officers, directors, employees, partners or suppliers be liable to You, the agent or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Tesz has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or materials.
13) Limitation of liability:
You acknowledge that Tesz is an "as is site" and that Tesz is not making and has not made any warranty or representation as to suitability, merchantability, quality of the products/services which will be supplied or delivered by its Agent for any particular purpose. You agree that in using Tesz, You are not relying on any statement or representation made by Tesz which is not expressly contained in this Agreement.
IN NO EVENT SHALL TESZ BE LIABLE TO YOU ON ACCOUNT OF YOUR BOOKING, USE, MISUSE OR RELIANCE ON THE PORTAL: FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF TESZ is AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE PORTAL, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY PORTAL. TESZ DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE PORTAL OR OTHER MATERIAL ACCESSIBLE FROM THE PORTAL.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS PORTAL AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
We may periodically change the Terms and the Website without notice, and you are responsible for checking these Terms periodically for any revisions. All amended Terms become effective upon our posting to the Website, and any use of the Website after such revisions have been posted signifies your consent to the changes. If any such change or modification is unacceptable to you, please refrain from using the services offered by the Website. If following any such change or modification you continue to use the Website or content, you will be deemed to have accepted those changes or modifications and no specific consent will be required.
You hereby confirm and acknowledge that the contact details and other details provided by you to Tesz are accurate and can be used and forwarded by Tesz to the Agent for which the call or enquiry has been made by you to Tesz.
16) General Instructions
Agent’s listed at Tesz portal who have processed and delivered your ordered products/services are solely responsible for quality, delivery and billing of the goods/services. Tesz only acts as a channel between you and the Agent.
We make no representation and give no warranty or undertaking (express or implied) as to the timeliness, accuracy, completeness, effectiveness or reliability of the portal or its content for any particular purpose.
We will not be responsible or liable for any loss, damage, injury or other claim or outcome arising from your reliance upon the Website, or the Website’s inability to meet your needs.
We will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the portal, which is beyond our control. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of the Website or any linked website.
17) Force Majeure
Tesz and its Agents will be not be liable for breach of these Terms to the extent caused by or arising from prohibition, or restriction by law, or regulation or any government, fire, flood, storms, weather, strike, lock-out or other labour problems, accident, riots, acts of God or any other events which is beyond its control.
In the event a dispute arises between you and Tesz as per these Terms, the parties shall attempt to amicably resolve the dispute through mutual discussions. Where the dispute is not resolved for a period of 90 days from the date of the dispute, either party can, upon giving a written notice to the other party, declare its intention to initiate arbitration proceedings. The arbitration will be conducted in English in accordance with the rules prescribed under the Arbitration and Conciliation Act, 1996. The venue for the arbitration shall be Cochin. The arbitration shall be conducted by a sole arbitrator appointed by Tesz. The award of the arbitrator shall be final and binding on the parties. Each party shall bear its own cost of arbitration.
19) Governing Law and Jurisdiction:
These Terms shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Mumbai, India.
20) Provisions are severable.
Each provision of this Agreement (including these Conditions) are severable. Severance does not affect any other provisions.
Please exit tesz.in Website, if you don't agree to these Terms,
If you have any questions or concerns about this Agreement please contact us for more information.