Term of use

TERMS CONDITIONS

Introduction:
The following terms and conditions regulate the use of this website. By continuing to use the website, you agree that you have read, understood and are bound by the terms and conditions. If you disagree with these terms and conditions or any part thereof, you must not continue to use this website. The term, ‘Tata Tea 1868’ or “ TCPL” refers to the owner of the website and the terms ‘you’ refers to the user/viewer of the website.

Services overview:
The website is operated by Tata Consumer Products Ltd ( herein after referred as TCPL) having its registered office at 1 Bishop Lefroy Road, Kolkata 700020 and its corporate office at Kirloskar Business Park, Block C, 3rd and 4th Floors, Hebbal, Bangalore 560024.
The website is a one stop solution provider. Tata Tea 1868 is an online store which provides an online shopping and delivery service for Variety of Tea products

Eligibility criteria:
The use of this website is limited to person(s) who are above the age of 18 years and are capable of forming a contract under the Indian Contract Act 1872. By continuing to use this website, you represent that you are not a minor [i.e. below 18 years of age]. If you are a minor and wish to transact or use the website, it must be done under the supervision of a parent or legal guardian provided that such a parent or guardian accepts the terms and conditions.

Account password and security:
The user may be required to register and login for placing orders from the website. The user should take all the necessary measures for maintaining the privacy of the password created upon registration and is also responsible for all the activities that occur under the user’s account. The user agrees to immediately notify any unauthorized use of the account or password. In case of any damage or loss arising out of user’s failure to comply with this provision, TCPL shall not be held liable.

Pricing and terms of payment:
All the products listed on our website will be sold at the prices mentioned on the website. All the prices are in Indian currency (i.e. Indian Rupee). Unless otherwise specified, the prices cited on the websites are exclusive of shipping charges and delivery charges. The user agrees to pay for shipping or carriage charges which would be added to the quoted price upon placing of the purchase order.

TCPL also reserves the right to notify the user of any mistakes in product descriptions or errors in pricing prior to product dispatch. In such event if the user chooses to continue with fulfillment of the order, the user acknowledges that the product or service will be provided in accordance with such revised description or corrected price. Generally, the prices of the product do not fluctuate on a daily basis, but in case of any change in price, it would be automatically updated on the website. However, the prices of some featured items might change regularly and if such changes arise after the dispatch of your order, then it will not affect the user’s original purchase price as the user is not liable to pay the revised price. TCPL reserves all the rights to change the prices or the services of the product at its discretion. Owing to circumstances like increase in the cost of materials, labour, carriage or increase in tax, duty or levy or any variation in exchange rates, TCPL has the right to revise the prices and/or to withdraw the discounts. While placing the order, the payment shall be made as per the indicated method in the site and such payment shall be unconditional and irrevocable.

Users representation:
User represents that all the information provided by the user during the registration or while placing the order is up to date, correct and sufficient for fulfillment of the order. Unless agreed otherwise, any warranties provided in relation to products only extend to you on the understanding that you are a user and not a reseller of those products. Based on user’s allergic or medical conditions, some products may be harmful for use. User represents that user will research and consult a doctor as to whether the product are suitable for use and also represents not to purchase the product which are harmful. TCPL would not be held responsible for any kind of reaction/allergy that occurs as a result of use of any product listed on the website. Also note that TCPL would not be held responsible if any health-related problem occurs due to consumption of any product from TCPL.

Unauthorized or fraudulent use:
As already mentioned in clause 3, the use of the website is limited to the person who is of 18 years of age or above. By continuing to use the website, the user guarantees that he is 18 years or above. A person less than 18 years of age can access the website as per the condition mentioned in clause 3. Using of the website without compliance to this provision is deemed as an unauthorized use of the website. Promotional offers may be extended to the existing or potential new customer at regular intervals and the users agree to act in accordance with the term and condition of such offers. Avoidance of such terms and condition is regarded as a fraudulent use by the user and the user would be responsible for all the damages occurred due to such fraudulent use.

User conduct and rules (general):

User undertakes not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative, sell, lease, translate, decompile or otherwise exploit the website or any portion, by any means, unless otherwise provided.

User undertakes not to post or publish any information on to the website that is abusive, defamatory, threatening, obscene, indecent, pornographic, harassing, violates the legal right of others or otherwise encourages conduct that would give rise to civil or criminal liability under Indian law.

The user warrants not to upload or distribute any virus, bugs, trap doors, harmful codes or other similar software or programs that may damage the functioning of the website or another’s computer.

The user agrees not to violate, abuse, manipulate or exploit any terms and conditions of the agreement or any code of conduct or other guideline as provided under the website. The user undertake not to make any defamatory, derogatory, abusive, inappropriate, indecent comment or statement about website and its associates and partners on any property owned by TCPL

The user may not obtain or attempt to obtain any information or materials through any means not intentionally made available or provided for through this site. TCPL shall not be liable to user nor held in breach of contract for any loss or damage which may be suffered as a direct or indirect result of us being prevented, hindered or delayed in the performance by reason of any circumstances beyond our reasonable control including (but not limited to) any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labour disturbance, breakdown of plant or machinery, interruption in the supply of power or materials and in such event, we may elect to cancel your order and refund any payments made.

Links to 3rd party sites:
TCPL may contain links to websites operated by other companies (third party sites). User’s use of such third party sites are not governed by these terms and condition. The third party websites are not controlled by TCPL and therefore TCPL is not responsible for the contents of any linked site. These links are provided to the user only as a convenience and the inclusion of any link doesn’t imply any endorsement by TCPL .

Disclaimer:
All necessary endeavours have been taken by TCPL to ensure that the information provided on the website is correct. TCPL makes no representations about the suitability, reliability, availability, quality, accuracy or completeness of any data, information, product or service. TCPL is a brand platform TCPL does not warrant that the functions provided by TCPL will be uninterrupted or error free or that TCPL or the server that makes it available are free from viruses or other harmful components. TCPL would not be held liable for any punitive or consequential damages arising out of user use or inability to use the organic services or the internet.

Objectionable material:
There may be some instances, where users are likely to encounter contents which are offensive, indecent or objectionable to some person (the contents may or may not be identified as such). User agrees to use the site or such content at his/her sole risk and TCPL shall not be held liable for the contents that appear objectionable or indecent to you.

Reviews, feedback and comments:
The user has the right to give us a review, feedback, comments or suggestions on the website. The reviews or comments posted on the website are not confidential and are the property of Tata Consumer Products Limited. User agrees to grant TCPL right to use, copy, distribute, display, make derivative, and modify the posted reviews and comments without any restriction. User also agrees to grant TCPL right to use the name that has been submitted with the reviews or comments, in connection with such review or comment. Further the user agrees that the comments or reviews posted by the user shall not violate the TCPL policy or any other person’s rights. The user agrees not to post comment or review that contains any illegal, scandalous, offensive, obscene or threatening material.

Termination:
TCPL reserves the right to suspend or terminate any user’s use of the website without giving prior notice, if TCPL finds that the user has violated any of the terms and conditions, policies or guidelines. The user can terminate the agreement at any time, provided that the user discontinues any further use of the website. Upon any termination of the User Agreement by either the user or Tata Consumer Products Ltd., the user must promptly destroy all materials downloaded or otherwise obtained from this website, as well as all copies of such materials, whether made under the User Agreement or otherwise. User shall be liable to pay for any service or product that user would have already ordered till the time of termination by either party whatsoever.

Modification of terms and conditions:
TCPL reserves the right to revise these terms and conditions from time to time without notifying the user. The revised terms and conditions would be applicable from the date on which the revised terms and conditions are published on the website. The user should regularly review the Terms & Conditions on the website. In the event the modified Terms & Conditions are not acceptable, the user should discontinue using the service. However, if the user continues to use the service, then the user shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of use of this website.

Indemnification:
The user agrees to indemnify, defend, hold harmless TCPL for any losses, costs, expenses (including reasonable attorney fees) relating to or arising out of user’s use of or inability to the use the services, user’s violation of any terms of agreement, user’s violation of any rights of third party, user violation of any applicable laws, rules or regulations. This clause shall survive the expiry or termination of this User Agreement.

Severability:
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Governing law:
This clause shall survive the termination or expiration of this agreement.

(a) Applicable law
These terms and conditions will be governed by and construed in accordance with the laws applicable in INDIA and the terms, conditions and disclaimers are subject to the exclusive jurisdiction of the courts of Mumbai.
(b) Arbitration
Any dispute arising would be subjected to a binding arbitration with one arbitrator selected by each party and a third arbitrator selected by the two chosen arbitrator. The parties may take the recourse of institutional arbitration. The arbitration proceeding shall be governed by the Arbitration and Conciliation Act, 1996 and language of the arbitration shall be English.

Notice:
All notices to the users will be sent to their emails or will be posted on the website. The users, who have maintained their email address with Tata Consumer Products Ltd. will end up receiving a notice on that very email address only. Email notices are deemed to be received on the Business Day after transmission if properly addressed to the intended recipient.

In case of any question, the user can contact TCPL at care@tataconsumer.com

Infringement policy:
This IP Infringement Policy should be read in consonance with the Terms & Conditions and the Privacy Policy.
All the contents such as logos, text, graphics, software, programs, service name, trade name, user interface, source code, icons, images, etc., displayed on the TCPL website is the exclusive property of Tata Consumer Products Ltd. as we reserve all the intellectual property rights in these contents. Users agree not to use, reproduce, sell, transmit or create derivate work or distribute any content from the website belonging to Tata Consumer Products Ltd. Use of the website does not entitle the user to make any unauthorized use of any protected content. User may use the protected content solely for personal use and will make no other use of the content without express written permission of Tata Consumer Products Ltd. Access to the website does not grant the user any license, express or implied, to the intellectual property of Tata Consumer Products Ltd. or its licensors.

Tata Consumer Products Ltd. respects the intellectual property right of others. In case you find that any contents displayed in the website infringes a copyright, patent, or trademark or in case the goods exhibited are counterfeit in nature, then the user can send TCPL a notice of infringement along with the following details.

#1
The user’s contact information including user’s name, address, telephone number and email address.
#2
A digital or electronic signature of the person authorised to act on behalf of the owner whose rights have been infringed and a verified statement that such person is the authorized representative of the right owner.
#3
The alleged subject matter of the infringement and its location on the website. The details of the alleged subject matter and a description as to how the alleged subject matter is infringing.
#4
A statement that the notifying person believes in good faith that the alleged subject matter is infringing other person’s right.

The above information is necessary for TCPL in order to verify the genuineness of the claim and to investigate upon the matter. After investigation, if it appears that the claims are not merit-less, then TCPL would remove the alleged subject matter and disable the access to such. If action taken by TCPL affects any party, then such party can file a counter notification with TCPL addressing all its concerns.

The user would be asked to report any type of Intellectual Property infringement that the user may come across while surfing/accessing the TCPL website.

Grievance officer
In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:

Tata Consumer Products Limited
Kirloskar Business Park,
Hebbal,
Bengaluru,
Karnataka – 560 024
contact us
Email: care@tataconsumer.com
Phone: 1800 345 1720
Time: Mon - Fri (9:00 - 18:00)

Tata Consumer Products Ltd. reserves all the right to modify the intellectual property policy at any time with its discretion without prior notice to the users.