ACCEPTANCE OF TERMS AND CONDITIONS
By using this Site, you ("you" or the "End User") agree to the terms and conditions ("Terms and Conditions" or "T&C" or "Terms" or "Agreement") that we have provided. If you do not wish to agree to the outlined Terms and Conditions, please refrain from using the Site. The products/services and information displayed on the Site is an "invitation to offer" to the End User. Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. TEN X reserves the right to accept or reject your offer. If you have supplied us with your valid e-mail address, we will notify you by email as soon as possible to confirm receipt of your order, e-mail you the invoice and thereafter process the order. Our acceptance of your order will take place upon dispatch of the Product(s) ordered. No act or omission of TEN X prior to the actual dispatch of the Product(s) ordered will constitute acceptance of your offer.
- MODIFIED TERMS
- LICENSE AND SITE ACCESS
- TEN X USAGE ELIGIBILITY
The TEN X Service is not available to persons under the age of 18 or to any End Users suspended or removed from the system by TEN X for any reason. End Users may not have more than one active account. Additionally, End Users are prohibited from selling, trading, or otherwise transferring their TEN X account to another party. If you do not qualify, you may not use the TEN X Service or the Site.
- YOUR ACCOUNT
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services or goods under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or TEN X has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TEN X has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify TEN X immediately of any unauthorized use of your account or any other breach of security. TEN X reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. TEN X shall not be liable for any damages to the End User's equipment resulting from the use of this Site.
- END USER CONDUCT
This Site and any individual sites, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our Site (the "Microsites") are private property. All interactions on this Site and/or the Microsites must comply with these Terms and Conditions. Although we welcome and encourage user interaction on our Site, we do insist and require that all end users restrict any and all activity in connection with the use of this Site and the Microsites to that which involves lawful purposes only. End User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without TEN X express prior, written approval, contains advertising or any solicitation with respect to Products or services. Any conduct by an End User that in TEN X exclusive discretion restricts or inhibits any other End User from using or enjoying this Site and/or any of the Microsites is strictly prohibited. End User shall not use this Site or any of the Microsites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site and/or the Microsites to become users of other on- or offline services including amongst others, services that are directly or indirectly competitive or potentially competitive with TENX.
The foregoing provisions of this Section 8 apply equally to and are for the benefit of TEN X, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
TEN X shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by TEN X, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, TEN X shall have the right to remove any material that TEN X, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
- LICENSE GRANT
By posting communications on or through this Site, End User shall be deemed to have granted to TEN X a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub-licensees.
- PERSONAL INFORMATION
In order to purchase Products from the Site, you will need to provide your details prior to making a purchase or at Checkout. As an account holder you are required to provide TEN X with accurate personal information. Provision of another person's details as your own will not be deemed acceptable.
- CREDIT CARD/DEBIT CARD/ INTERNET BANKING INFORMATION
Credit card/debit card/Internet Banking information collected for the purpose of payment of Product(s) purchased at TEN X will be stored securely using a 128 bit Secure Socket Layer ("SSL") technology.
Credit card/debit card/Internet Banking information will be masked on your account and will not be visible to TEN X Customer Service operators.
You agree, understand and confirm that the Credit card/debit card/Internet Banking details provided by you for availing of services on TEN X will be correct and accurate and you shall not use the Credit card/debit card/Internet Banking which is un-lawfully owned by you, thus you must not pay or attempt to pay for Product(s) using fraudulent Credit card/debit card/Internet Banking information. You further agree and undertake to provide the correct and valid Credit card/debit card/Internet Banking details to TEN X.
Further the said information will not be utilized and shared by TEN X with any third parties unless required for fraud verifications or by law, regulation or court order. TEN X will not be liable for any Credit card/debit card/Internet Banking fraud. The liability for use of a card/ internet banking fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively yours.
- PRICING INFORMATION
We strive to provide you with the best prices possible on Product(s) you buy from TEN X, however, TEN X does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice.
While TEN X strives to provide accurate Product and pricing information, pricing or typographical errors may occur. In the event that a Product is listed at an incorrect price or with incorrect information due to an error in pricing or Product information, TEN X may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. TEN X will have the right to modify the price of the Product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that TEN X accepts your order the same shall be debited to your credit card/DEBIT CARD account. The payment may be processed prior to TEN X dispatch of the Product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card/ debit card account.
- CANCELLATION BY TEN X
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in Product or pricing information, or ANY OTHER problems identified by TEN X. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is cancelled after your credit card/ DEBIT CARD has been charged, the said amount will be reversed back in your Card Account.
- CANCELLATIONS BY THE CUSTOMER
In case of requests for order cancellations, TEN X reserves the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount.
We will not be able to cancel orders that have already been processed. TEN X has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by TEN X and accept TEN X decision regarding the cancellation.
- FRAUDULENT /DECLINED TRANSACTIONS
TEN X reserves the right to recover the cost of Products, collection charges and lawyers fees from persons using the Site fraudulently. TEN X reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions.
- SUBMITTED CONTENT
TEN X does not claim ownership of any materials you make available through the Site. At TEN X sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, you grant TEN X a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified.
TEN X has made all attempts to exhibit the colours of the Products that appear on the Site as accurately as possible. However, TEN X do not guarantee any change in colour as seen by you owing to the actual colours of your monitor/screen and further does not guarantee that your monitor's display of any colour will be accurate.
- DISCLAIMER OF WARRANTY
All content, products, and services on the site, or obtained from a website to which the site is linked (a "linked site") are provided to you "as is" without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
TEN X does not endorse and is not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the site by any party other than TEN X, (b) any content provided on linked sites or (c) the capabilities or reliability of any product or service obtained from a linked site.
Under no circumstance will TEN X be liable for any loss or damage caused by a end user's reliance on information obtained through the site or a linked site, or end user's reliance on any product or service obtained from a linked site. it is the responsibility of the end user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from a linked site. please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
- LIMITATION OF LIABILITY
TEN X will not be liable for short delivery or defective Products unless a claim is notified by you in writing within 48 Hours of delivery. The notification must include the invoice number, delivery note number and details of the claim. TEN X will not be liable in any way for loss, damage, costs or expenses (including loss of profit, revenue, goodwill or data) arising directly or indirectly from any failure or delay in performing any obligation under this Agreement by reason of any event or circumstance outside the reasonable control of TEN X, including but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.
The Site is provided devoid of any warranties or guarantees. The End User must bear the risks associated with the use of the Site.
The Site MAY provide content which are sourced from other websites or resources and while TEN X tries to ensure that material included on the Site is correct, reputable and of high quality, TEN X does not acknowledge any responsibility if this is not the case. TEN X will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience as a result of the use of the Site.
TEN X, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, current-ness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, TEN X assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site.
You expressly understand and agree that TEN X and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if TEN X has been advised of the possibility of such damages), resulting from use of the Site, sale and supply of Products content or any related goods and services.
Without prejudice to the generality of the section above, the total liability of TEN X to you for all liabilities arising out of this T&C under any applicable law is limited to the order value of the Product ordered by you.
This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Agreement. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
You agree to indemnify and hold TEN X (and its PROPRIETOR, officers, agents, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys fees, or arising out of or related to your breach of this T&C, or your violation of the rights of a third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this End User Agreement or arising out of violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this T&C.
If any of the Terms shall be deemed void, invalid or unenforceable for any reason, that condition shall be deemed several and shall not affect the enforceability of any remaining provision.
- CUSTOMER COMMUNICATION
TEN X will communicate with you about your order and the purchased product through any of the mode using email, SMS and telephone or all of them or any other mode. Account holders must provide a valid email address and contact telephone and/ or mobile number to TEN X for this purpose. When you use the Site or send emails to TEN X, you are communicating with TEN X electronically. You consent to receive communications from TEN X electronically. Please note that we may not be able to contact you on your mobile number in case your mobile number is part of DNC (Do Not Call) list as generated by TRAI (Telecom Regulatory Authority of India).
From time to time, TEN X will also send you marketing material. If you do not wish to receive such material, you may unsubscribe from our mailing list at any time by using the unsubscribe function in the electronic marketing communication or by contacting Customer Care.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
TEN X Promotional alerts are SMS messages that are sent to opted in users that contain promotional content for TEN X customers. All TEN X Promotional Alerts are complimentary, Message & Data Rates May Apply. Depending on your text plan, you may be charged by your carrier. To stop receiving all TEN X Promotional Alert contact Customer Care number. Once your mobile number is removed from our system, no further messages will be sent to your mobile number. Alternatively you can enrol in the national Do Not Call (DNC) list.
The Site or third parties may provide links to other World Wide Web sites or resources. Because TEN X has no control over such sites and resources, you acknowledge and agree that TEN X is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that TEN X shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
- ACCESS TO PASSWORD PROTECTED/SECURE AREAS
Access to and use of password protected and/or secure areas of the Site is restricted to authorized End Users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
- MODIFICATIONS AND NOTIFICATION OF CHANGES
All material and content on the Site, including but not limited to the images, illustrations, audio clips, video clips, logos, trademarks and/or service marks are protected by copyrights, trademarks, and other intellectual property rights ("Content") that are owned and controlled by us or by other parties that have licensed their material to us. End Users are prohibited from using any Content for any purpose including, but not limited to use as meta-tags on other pages or sites on the World Wide Web without the written permission of TEN X or such third party which may own/has exclusive license of the Marks. End Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site in anyway for commercial or public purposes.
The price of our non-discounted merchandise is inclusive of all taxes. TEN X reserves the right to collect the taxes for shipping charges wherever applicable.
- The Warranty on Products shall be given by Timex Group India limited strictly as per its warranty policy. Please refer to the warranty policy available on Timex Group India limited i.e. timexindia.com for detailed information about the product warranty.
- Warranty cannot be claimed for defects due to mishandling of the products or normal wear and tear.
TEN X endeavor to ship the Products within a reasonable period from the day of purchase of Product made by you. However, the duration of delivery of Products will be depending on customer location. Delivery time to the end user is subject to factors beyond our control ("Force Majeure Event") including unexpected travel delays from our courier partners and transporters due to weather conditions and strikes.
TEN X will not be liable for any loss or expenses sustained by the End User arising from any delay in the delivery of the goods howsoever caused.
- SURVIVAL OF TERMS AFTER AGREEMENT ENDS
Notwithstanding any other provisions of this T&C, or any general legal principles to the contrary, any provision of this T&C that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this T&C.
The Products, Services and the Site being offered by TEN X hereto are subject to laws of the Republic of India. Use of the Products, Services and/or the Site for any other country or jurisdiction is at your sole risk. If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the partie's intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time TEN X may offer special promotional offers which may or may not apply to your TEN X account. To avail of such promotional offers, you agree to be bound by any additional terms and conditions for these special offers which are laid down by TEN X OR BRAND OWNER/LICENSEE. This T&C and the relationship between you and TEN X will be governed by the laws as applicable in India. Any dispute(s) arising out of this T&C will be handled in the competent courts of Delhi, India. The failure of TEN X to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. TEN X does not guarantee it will take action against all breaches of this T&C. Except as otherwise, expressly provided in this T&C, there shall be no third-party beneficiaries to this T&C. This T&C constitutes the entire agreement between you and TEN X and governs your use of the Site, superseding any prior agreements between you and TEN X with respect to the Site.