Tien’s Website Terms of Use
Welcome to the www.tianshiindia.co.in website. Tianjin Tianshi India Private Limited (Hereinafter referred as Tianshi) provides this website to you subject to the following conditions. By visiting the www.tianshiindia.co.in website (hereinafter the “Tien’s Website”), you accept these conditions. Please read them carefully. These ‘Terms and Conditions of Use’ constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures. When using the Tien’s Website you should regularly verify whether terms of use have been updated or amended.
The Tien’s Website provides information on Tianshi, the Tianshi’s Business, products and services, is intended only for use from and in the Republic of India (India) and is based on the laws of India. Tianshi disclaims any liability and responsibility for use of the Tien’s Website from other countries.
Your activity on the Tien’s Website
You are 18 years of age or older and that Your use of the Website shall not violate any applicable law or regulation;
You must not use the Site in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
All registration information You submit is truthful and accurate and that You agree to maintain the accuracy of such information;
Your Account
If you use the website, you are responsible for maintaining the confidentiality of your account and password and do inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.
Access to Tien’s Website
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
You must not use the Site for any of the following:
for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
to send, use or reuse any material that is illegal, offensive, (including but not limited to material that is sexually explicit or which promotes racism, bigotry, hatred or physical harm), abusive, harassing, misleading, indecent, defamatory, disparaging, obscene or menacing; or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”;
To cause annoyance, inconvenience or needless anxiety;
To decompile, reverse engineer, or disassemble the content.
Use the Website and / or services in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company's sole discretion.
Your use of this Website shall be subjected to the following restrictions:
You will not delete or modify any content of the Website including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify;
You will not host, display, upload, modify, publish, transmit, update or share any information that
(a) Belongs to another person and to which the user does not have any right to;
(b) Infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force;
(c) Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(d) Impersonate another person;
(e) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(f) Threatens the unity, integrity, defense, 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.
Copyright, authors' rights and database rights
All information displayed, transmitted or carried on Tiens website is protected by copyright and other intellectual property laws.
All content included on the website, such as text, graphics, logos, button icons, images, and audio clips, digital downloads, data compilations, and software, is the exclusive property of Tianshi, and is protected by intellectual property laws in India and international copyright, authors' rights and database right laws.
You may not systematically extract/ or re-utilize parts of the contents of the website without Tianshi express written consent.
Intellectual Property Claims
Tianshi respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please kindly bring to our knowledge.
Trademarks
www.tianshiindia.co.in, Tiens, THE Tien’s LOGO and other marks indicated on our website are trademarks or registered trademarks of Tianjin Tianshi India Pvt. Limited and/or its Parent Company (collectively "Tiens). Tien’s graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Tien’s. Tien’s also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information. Unauthorized use of the material may violate trademark laws and rights of the company.
Restricting or Blocking Access to the Tien’s Website for Violations of the Website Terms of Use
Tianshi reserves the right, in its sole discretion, to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security, or proper administration of the service. Tianshi reserves the right to refuse service to anyone at any time.
Values the privacy of information
Tianshi Values the privacy of information pertaining to its associates. We do not use or disclose information about your individual visits to our website or any information that you may give us, such as your name, address, email address or telephone number, to any outside sources without your permission. Tianjin does not disclose any personal information to advertisers and for other marketing and promotional purposes that could be used to personally identify you, such as your password, credit card number and bank account number. For more information on this kindly refer our Website Privacy Policy.
License
By using this Website, you are granted a limited, non-exclusive, nontransferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Tianshi.
This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.
Indemnification
You hereby indemnify, defend, and hold Tianshi, the Tianshi's distributors, agents, representatives, customer care executive and other authorized persons, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from (i) Your use of the Website (ii) Your breach of provisions of this Agreement and (iii) any negligent or intentional wrongdoing on Your part.
Tianshi disclaims all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). This agreement will be subject to the jurisdiction only of the courts of New Delhi, India.
Limitation of Liability, Disclaimer of Warranties and Indemnification
To the extent permitted by applicable law, neither Tien’s nor its distributers shall be liable for any direct, indirect, consequential or other damages whatsoever, including but not limited to property damage, loss of use, loss of business, economic loss, loss of data or loss of profits, arising out of or in connection with your use or access to, or inability to use or access the Tien’s Website or its content.
Arbitration
Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to Your use of the Website or its features or the information to which it gives access, shall be determined by arbitration in India, before a single arbitrator in accordance with the, Indian Arbitration Act. The venue of such arbitration shall be New Delhi, India. The governing law of the Agreement shall be the substantive law of India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.
The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.
Governing Law and Dispute Resolution
This Agreement and any contractual obligation between Tianshi and User will be governed by the laws of India, without reference to the conflict of laws principles. Any legal action or proceeding related to your access to, or use of, the Website or these Terms of Use shall be subject to the exclusive jurisdiction of the courts at Delhi.
Severability Clause: If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms this will not affect the validity of the remaining terms
Notices: All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party's address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:
If to Tianjin Tianshi:
601-602, 6th Floor, Pearl Beast Heights – I,
Plot no. A-, Netaji Subhas Palace
Pitampura, New Delhi
If to You
At the email address provided by you to us when you registered as a User.
Waiver: No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
Complete Understanding: The Agreement contain the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.
Force Majeure: Tianjin shall not be liable for any downtime or delay or unavailability of the Website caused by circumstances beyond Tianjin's reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
Advice of Counsel: Each Party acknowledges: (a) having fully read the Agreement in its entirety; (b) having had full opportunity to study and review the Agreement.
Advertisement: Tianjin shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Website.
Assignment: You may not assign or sub-license, without the prior written consent of Tianjin, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.
Conflict: In the event there is any conflict between the terms set out in these Terms of Use, the Privacy Policy, the Additional Terms of and any other policies applicable to specific pages of the Website, the following order of prevalence shall apply: (i) the Privacy Policy (ii) these Terms of Use, (iii) the Additional Terms and (iv) any other policies applicable to specific pages of the Website.