In using the Window2India.com (SITE) shopping service, of TimesofMoney Ltd. (TOML) you (The User) are deemed to have accepted the terms and conditions listed below. TOML reserves the right to add, delete, alter or modify these terms and conditions at any time. The User is therefore advised to read carefully these terms and conditions each time he or she uses the shopping service(s) of TOML.

All products/services and information displayed on Window2India.com Shopping constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. TOML reserves the right to accept or reject your offer. The agreement between you and the TOML shall be subject to the following terms and conditions: -

1. The User certifies that he/she is at least 18 (eighteen) years of age or has the consent of a parent or legal guardian.



2. The User agrees not to send, submit, post, or otherwise transmit, material or messages that contain any software virus, trojan file, worm, or any other files that are designed to interrupt, destroy, or negatively affect in any manner whatsoever, any electronic equipment in connection with the use of the Site, or other user's ability to engage in real time exchanges.



3. The User agrees to follow all applicable laws and regulations (National and/ or International) when using this website.



4. You will not use any communication tool or other means available on the Site to transmit, directly or indirectly, any unsolicited bulk communications. You may not harvest information about users of TOML for the purpose of sending or to facilitate the sending of unsolicited bulk communications. TOML may terminate your access or use of the Site immediately, with or without any notice, and take any other legal action if you, or anyone using your access details to the Site, violates these terms.



5. These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the Shopping services of TOML you agree to be bound by the Terms and Conditions.



6. All prices, unless indicated otherwise are in U.S. Dollars.



7. All prices and availability of products are subject to change without prior notice at the sole discretion of TOML.



8. Users are required to verify the authenticity and accuracy of any information or specification provided by any person offering any product or service on a Site.



9. TOML reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price. This shall be regardless of whether the order has been confirmed and/or payment been levied via credit card. In the event the same shall be credited to your credit card account and duly notified to you by email when the payment is processed.



10. In a credit card transaction, you must use your own credit card. TOML will not be liable for any credit/debit 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.



11. Any request for cancellations of orders once duly placed on the site shall not be entertained.



12. In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address) any extra cost incurred by TOML for redelivery shall be claimed from the User placing the order.



13. TOML shall not be liable for any delay / non-delivery of purchased goods by the vendors, trade organization/s, manufacturers / shop , vendors, on account of flood, fire, wars, natural disasters or any cause that is beyond the control of TOML.



14. All products are duly screened and assured by the vendors to ensure that the products are of the standard, quality, composition, style or model that they represent.



15. Notwithstanding anything contained herein TOML acts only as booking agent to facilitate / integrate transactions between the buyers and sellers through various platforms (online web store, call center, mail order catalogs, SMS. etc.) for various vendors and shall in no way be responsible for any quality of product, damages, losses, expenses and/or taxes incurred by Users qua the products. In no event shall TOML, its directors, officials, representatives and employees be liable for any claim, error, omission, inaccuracy in advertising material or loss or damages relating to products sold through it's various platforms in the future. It is only the User, who is entirely responsible for all the activities, arising out of the transactions of sale/purchase of goods or services offered by any other party and not TOML.



16. Presently, the service(s) of TOML Shopping are being offered free. However, TOML reserves the right to charge a fee for any or such facilities.



17. The User agrees to use the services provided by TOML, its affiliates, consultants and contracted companies, for lawful purposes only. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.



18. The User agrees to provide authentic and true information. TOML reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation such User details are found not to be true (wholly or partly), TOML has the right in its sole discretion to reject the registration and debar the User from using the Services of Window2India.com Shopping, and / or other affiliated websites without prior intimation whatsoever to the user.



19. The user shall be solely responsible to check the merchantability, fitness for a particular purpose, etc. of the product. TOML will not be responsible for any damage suffered by users from use of the goods & services on this site. This without limitation includes loss of revenue/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, error, omission, interruption, deletion, defect, 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 behavior, negligence, or under any other cause of action.



20. The User understands that to register for these services you have to open an account by completing the registration process (i.e. by providing us with current, complete and accurate information as prompted by the applicable registration form). You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. If TOML reasonably believe that an account and password is being used / misused in any manner as clarified below TOML reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address.



21. The user also understands that he/she is entirely responsible for any and all activities that occur under her/his account. You agree to notify TOML immediately of any unauthorized use of your account or any other breach of security. TOML will not be liable for any loss that you may incur as a result of someone else using your password or account. However, you could be held liable for losses incurred by TOML or another party due to someone else using your account or password.



22. The User expressly agrees that the use of service(s) Window2India.com Shopping is at the User's sole risk. The Service(s) of Window2India.com Shopping is provided on an "as is" basis without warranties of any kind, whether express or implied. TOML its affiliates, employees, agents, consultants, contracted companies make no warranties of any kind, whether expressed or implied, for the service it is providing or as to the results that may be obtained from use of the Service, or as to the accuracy, reliability or content of any information, service, or merchandise provided through this Service. TOML does not represent or warrant to maintain the confidentiality of information; although TOML current practice is to utilize reasonable efforts to maintain such confidentiality Notwithstanding the foregoing, TOML reserve the right to disclose any information in response to / that it is required to be shared, disclosed or made available to any governmental, administrative, regulatory or judicial authority under any law or regulation applicable to TOML. It is also clearly understood that all warranties, implied or express take place between the vendors and the User.



23. Part of the Site contains advertising/other material submitted to Window2India.com by third parties. Responsibility for ensuring that material submitted for inclusion on the Site complies with applicable International and National law is exclusively on the advertisers and TOML will not be responsible for any claim, error, omission or inaccuracy in advertising material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than TOML found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. TOML reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Site will be subject to TOML terms and conditions, which are available on request.



24. TOML shall have no liability to you for any interruption or delay in access to the Site irrespective of the cause.



25. You agree and understand that Window2India.com service is advertising supported and you grant TOML the right to disclose the aggregate Registration Data to third parties in connection with marketing the Services. Furthermore, you agree and grant TOML the right to use your individual Registration Data to provide targeting of advertisements and other Service offers.



26. The Site is a channel of communication whereby the Users can reach a larger base to buy and sell items or services. TOML is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Vendor and you. At no time shall any right, title or interest over the items vest with TOML nor shall TOML have any obligations or liabilities in respect of such contract. TOML is not responsible for: (a) unsatisfactory or delayed performance of services or damages or delays as a result of items, which are out of stock, back ordered, returned undelivered or otherwise unavailable; (b) interruption in service; (c) meeting your expectations / requirements with respect to quality of any products, services, information, or other material purchased or obtained from the site; or (d) correcting any errors on the Site. All items are offered only for a restricted time and only for the available supply.



27. Notwithstanding the above, TOML reserves its right to refuse service, restrict, suspend, terminate your account; (Terminate this Agreement; Terminate or suspend your access to the Window2India Site; Refuse, move, or remove any product/service; Deactivate or delete your accounts and all related information and files in your account; Establish general practices and limits concerning use of the Services) at any time and, remove or edit contents or cancel orders (entered by you with TOML) in their sole discretion with or without cause, and with or without any prior notice for any violation of the Terms of Use. Upon such termination or suspension, your right to use the Window2India Site will immediately cease.



28. Use of cookies or similar electronic tools
    
    
    1. To improve the responsiveness of the sites for TOML's users, TOML may use "cookies", or similar electronic tools to collect information to assign each visitor a unique, random number as a User Identification (User ID) to understand the user's individual interests using the Identified Computer. Unless the User voluntarily identifies himself/herself (through registration), TOML will have no way of knowing who the user is, even if TOML assign a cookie to the User's computer. The only personal information a cookie can contain is information the user supplies. A cookie cannot read data off your hard drive.
    2. Our web servers automatically collect limited information about your computer's connection to the Internet, including your IP address, when you visit our site. (Your IP address is a number that lets computers attached to the Internet know where to send you data -- such as the web pages you view.) Your IP address does not identify you personally. We use this information to deliver our web pages to you upon request, to tailor our site to the interests of our users, to measure traffic within our site and let advertisers know the geographic locations from where our visitors come.
    3. Additionally, you may encounter "cookies" to your browser or other similar devices, of our advertisers, on certain pages of their Site that are placed by third parties. For example, if you view a web page created by a user, there may be a "cookie" placed within that web page. We do not control the use of cookies by third parties


29. Representations and warranties:
    
    You represent and warrant that:
    1. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the vendors that you transact with.
    2. You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item or services being sold or purchased on the Site.
    3. You will not disclose your contact details like Phone number, address, emailing address in bidding, buying or listing process, or anywhere on the Site including the feedback area or through any e-mail feature to bypass TOML.
    4. You represent and warrant that TOML shall not and is not required to mediate or resolve any dispute or disagreement between Users.
    5. You release and indemnify TOML and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, TOML cannot control the information provided by other Users, which is made available on the Site.


30. Termination of Account
    You can terminate your account at any time but your information may remain stored in archive on our servers even after the deletion or the termination of your account.



31. Relationship
    None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and TOML and you shall have no authority to bind TOML in any manner, whatsoever.



32. Limited time to bring your claim
    You and TOML agree that any cause of action arising out of or related to the Window2India Site, must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.



33. Acceptance of Privacy Policy
    By using TOML's sites and services, you signify your acceptance of this Privacy Statement. If you do not agree or are not comfortable with any policy described in this Privacy statement, your only remedy is to discontinue use of TOML site. TOML reserve the right, to modify this Privacy Statement at any time.



34. General Terms
    
    
    1. Rights and obligations under the Terms, which by their nature should survive, will remain in full effect after termination or expiration of the Terms.
    2. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement.
    3. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.


35. Jurisdiction
    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.