Terms & Condition
Your visit to this Website is subject to these Terms and Conditions and our Privacy Policy available here on this Website.
This Website is independently owned and operated by Tally Messenger, an India based company incorporated under the Indian Companies Act of 1956. The Website features logos, trademarks, trade names, slogans and other elements of origin that are our property. The arrangement between Tally Messenger is on arms’ length principal to principal basis and Tally Messenger is not an agent or partner.
Your use of this Website confirms your agreement to follow these rules and to be bound by Tally Messenger. Tally Messenger reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this Website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as and when they are modified.
By electronically accepting this Agreement, you confirm your acceptance and it would be accepted as would a written agreement with your signature. You accept all the terms and conditions as follows:
“Agreement” means the terms and conditions as detailed herein including all schedules, appendices, annexures, Privacy Policy, and will include the references to this Agreement as amended, supplemented, varied or replaced from time to time.
THIS AGREEMENT is between Tally Messenger a company incorporated under the Indian Companies Act, 1956 and having its office at E-43/1, Okhla, Phase II, Delhi 110020 ( hereinafter called “Tally Messenger” ) which expression shall, unless repugnant to or inconsistent with the context, mean and include the successors and permitted assigns, heirs, executors, legal representatives and administrators, as the case may be of the One Part and you, the user of the Website and websites operated by Tally Messenger as a website visitor or as a person intending to make a purchase or actually making a purchase through this Website.
Tally Messenger is in the business of (i) creating internet retail platforms that enable retailers and internet businesses to sell products & services directly to consumers; and (ii) operating internet retail businesses and online platforms, as an online distributor for various brands and companies operating in India and abroad. In no event shall Tally Messenger be liable for any damages whatsoever arising out of, or in connection with, your access of this Website or any information contained at the Website or any linked websites. In particular, Tally Messenger shall not be liable for special, indirect, consequential or incidental damages, whether an action alleging such damages is brought in contract, negligence or tort. Tally Messenger will not be responsible for any liability arising out of the conduct of its employees, associates, contractors and suppliers that may cause any financial or other loss to you.
Tally Messenger operates the Website and intellectual property rights, and ownership and proprietary rights in the Website and its contents are owned by our client. No part of the Website, the designs or the terms and references within shall be copied or transmitted for commercial purposes. Nothing contained in this Agreement shall give or be deemed to grant, whether directly or by implication, you any right, title or interest in or to the ownership or use of the trademarks and intellectual property. This Website may contain hyperlinks to websites operated by parties other than Tally Messenger. Such hyperlinks are provided for your reference only. Tally Messenger does not control such websites and is not responsible for their contents. Tally Messenger’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
In no event shall Tally Messenger be liable for any damages whatsoever arising out of, or in connection with, your access of this Website or any information contained at the Website or any linked websites. In particular, Tally Messenger shall not be liable for special, indirect, consequential or incidental damages, whether an action alleging such damages is brought in contract, negligence or tort.
Any fraud, neglect, deliberate omission, wrongful act or default conducted by you will be subject to legal action and Tally Messenger will not be responsible for your actions. Furthermore, you agree to defend, indemnify and hold Tally Messenger harmless from and against any and all claims, damages, costs and expenses, including advocate’s fees, arising from and related to your access and use of the Website. Tally Messenger shall not be liable for any loss or damage arising from its failure to perform any of its obligations under this Agreement if such failure is the result of circumstances outside its control including but not limited to the outbreak of war, any governmental act, act of war, explosion, accident, civil commotion, riot, industrial dispute, strike, lockout, stoppages or restraint of labor from whatever cause, whether partial or general, weather conditions, traffic congestion, mechanical breakdown, obstruction of any public or private road or highway or outbreak of any communicable disease or any other force majeure, fire, flood or any other act of God.
Tally Messenger may at any time make changes or modify the Website, its contents, the policies and terms and conditions including the privacy policy, shipping policy, return policy without any prior notice and it may do so with no prior permissions from users of the Website or service.
Tally Messenger is a channel for sales and as such aims to make information about products and service accurate. However, should there be any unintentional errors relating to the product, pricing, availability, shipping and product supply, Tally Messenger will make good by correcting the amount (if incorrectly charged) and will have the right to make changes to the website to correct the errors without any obligation to supply the product or service at the previously published incorrect price or description.
Tally Messenger is solely a channel for sale of products that are manufactured and Tally Messenger is not responsible for any consequences that arise from use of these products. The buyer or user of the product needs to make their own judgment of the safety and risks associated with various products that may be sold, and are solely responsible for the consequences of use of these products.
You further acknowledge that client will not be responsible or liable to comply with any warranties for the products supplied to the consumer upon placing of the order through this Website, over and above and in addition to the warranties provided by the client under the applicable laws.
Tally Messenger takes this information at face value and publishes this without any further verification. As such, Tally Messenger is not responsible for the accuracy or validity of this information.
The content of this Website and other websites operated by Tally Messenger may contain materials that are created by suppliers, vendors and others who sell their products and services. If any of the material is found to be objectionable or is found to have violated any law or copyright, the responsibility of this would be with the producer of the materials and Tally Messenger will not be liable or responsible for any of the content. Any issues relating to this would need to be dealt with the original producer of the content and materials. To report any violation or concern, kindly send an e-mail to ‘info@tallymessenger.com’.
The product colour and actual size may vary from the visual representation on the Website.
You will be required to pay for the products ordered through the Website up front through Internet banking or on delivery of the products. Any order placed with Tally Messenger, cannot be cancelled once it has been processed.
By virtue of your acceptance to this Agreement, you further acknowledge that our client is not a party to this Agreement, and therefore, neither they are privy to this Agreement, nor you are privy to the agreement between Tally Messenger and our clients. This Agreement does not accord and in fact you also disclaim any rights to bring any action against our clients based on or relying on any terms and conditions of this Agreement.
Tally Messenger has the right to assign or transfer all or part of its rights or obligations under this Agreement without prior notification.
Distribution may use software and services of Tally Messenger. During the course of this use of the software and services, data related to the consumer will be transferred in and out of the systems owned and managed by Tally Messenger.
Additionally, there could be certain transactions that may be prohibited due to export laws or laws being followed by Tally Messenger that specifically disallow certain transactions based on certain criteria or due to export bans in certain individuals or countries. Should your transaction fall within this, Net Distribution has the right to decline the transaction without providing any reason.
This Agreement shall be subject to and construed in accordance with the laws of India- and the Parties hereby submit to the exclusive jurisdiction of the courts of Delhi.
In the event of any disputes, differences or controversies between the Parties hereto, out of or in connection with the provisions of this Agreement, or any action taken hereunder, the Parties hereto shall thoroughly explore all possibilities for an amicable settlement. In case an amicable settlement cannot be reached, such disputes, differences or controversies shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 including any amendment or re-enactment thereof. The proceedings of such arbitration shall be conducted in English language and the venue of such arbitration shall be Delhi. The award of such arbitration shall be final and binding upon the Parties hereto.
All notices, demands or other communications required or permitted to be given or made under or in connection with this Agreement shall be in writing and shall be sufficiently given or made (i) if delivered by hand, or (ii) sent by pre-paid registered post, addressed to Tally Messenger, at the following address:
Attn:
E 43/1, Okhla Phase II
Delhi – 110020
India (IN)
Or email info@tallymessenger.com